Legislature(2015 - 2016)GRUENBERG 120
04/13/2016 08:30 AM House CONFERENCE COMMITTEE ON HB75
| Audio | Topic |
|---|---|
| Start | |
| HB75 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 75 | TELECONFERENCED | |
HB 75-MARIJUANA ESTAB. REG; LOCAL ELECTION
8:38:11 AM
CHAIR TILTON announced that the Conference Committee on HB 75
was operating under Uniform Rule 42. She said no public
testimony would be taken. She reviewed that adoption of a
conference committee report requires an affirmative vote by the
majority of the membership from each house. She stated that the
two versions before the committee were: CSHB 75(JUD)am and 2d
SCS CSHB 75(RLS).
8:38:42 AM
REPRESENTATIVE MILLETT moved to adopt CSHB 75(JUD)am as a
working document.
8:39:02 AM
The committee took a brief at-ease at 8:39 a.m.
8:39:36 AM
A roll call vote was taken. Representatives Millet, Drummond,
and Tilton voted in favor of the motion to adopt CSHB 75(JUD)am.
Senators McGuire, Hoffman, and Bishop voted against the motion
to adopt CSHB 75(JUD)am. Therefore, the motion failed by a vote
of 3:0 (House) and 0:3 (Senate).
8:40:22 AM
SENATOR BISHOP moved to adopt 2d SCS CSHB 75(RLS) as a working
document.
8:40:52 AM
A roll call vote was taken. Representatives Millet, Drummond,
and Tilton voted against the motion to adopt 2d SCS CSHB
75(RLS). Senators McGuire, Hoffman, and Bishop voted in favor
of the motion to adopt 2d SCS CSHB 75(RLS). Therefore, the
motion failed by a vote of 0:3 (House) and 3:0 (Senate).
8:41:37 AM
The committee took a brief at-ease at 8:42 a.m.
8:43:03 AM
CHAIR TILTON announced that the Conference Committee on HB 75
had failed to [adopt] either CSHB 75(JUD)am or 2d SCS CSHB
75(RLS).
8:43:25 AM
SENATOR McGUIRE reviewed the conference committee process,
including the next possible steps of limited powers of free
conference and free conference. She offered her understanding
that the current focus was centered on opt-in and opt-out
provisions for unorganized boroughs in Alaska. She said in the
original version of the bill there was no delineation between
unorganized and organized boroughs. In order for a community to
issue marijuana licenses, it would have to meet on the issue,
get public feedback, and then go through the process as outlined
in the initiative, as well as follow the regulations put into
effect by the Marijuana Control Board. She said some
communities had opted out while others had opted in.
SENATOR MCGUIRE noted that Senator Hoffman had proposed that the
legislature act as an assembly as a whole, which is allowed
under the Constitution of the State of Alaska and Alaska
Statute. She offered her understanding that some people think
"either way" there would be local dialogue at the unorganized
borough level such that "if you wanted to issue licenses, you'd
have to go to the elders, you'd have to have those conversations
anyway." She said she leaned that direction. She remarked that
Senator Hoffman had made points on the record that had compelled
members of the Senate in an 18:2 vote to support having elders
of the communities lead the discussion to determine whether the
communities want to opt in. She said she tends to defer to
people in their individual communities to determine what they
want. She observed that "in this case" the House and Senate may
be divided, and she said she would like to hear from House
members on the issue.
8:46:50 AM
SENATOR McGUIRE stated that if the House and Senate [members of
the Conference Committee on HB 75] could concur, then she thinks
they should "zealously advocate to our colleagues to adopt that
version." However, if the committee members cannot agree, then
she would like to go to free powers, so that she could be
allowed to put together a more narrow requirement, acting as the
assembly as a whole, to require the unorganized boroughs to go
through additional steps to the point that [Senator Hoffman]
would be comfortable. She said there are provisions in the
proposed legislation that are very important, but the most
important, she opined, are the background checks. She indicated
her involvement with legislation that "set up the licensing
structure via the [Marijuana Control] Board, but she related
that unfortunately "we put it alongside the Alcohol Beverage
Control Board." She said it was her understanding that "the
licenses would be issued the same way that you issue alcohol
licenses." She said [marijuana licenses] are subject to
background checks, because legislation prohibits felons from
holding marijuana licenses, the same as they are prohibited from
having alcohol licenses.
SENATOR McGUIRE said legal opinions are in the works currently.
One theory is that the legislature would need to create statute
so that the Department of Commerce, Community & Economic
Development (DCCED) could authorize the Department of Public
Safety (DPS) to conduct background checks. She said that was
the reason for the change made to HB 75 by the Senate. She
noted there is another [legal] opinion that says that legal
authority is assumed and implied. She said in her community in
Anchorage, which is approximately 300,000, all the business
owners that have applied for a [marijuana] license find
themselves in a holding pattern, waiting on legislation, because
the board has decided that it does not feel comfortable relying
on the legal opinion. She asked committee members not to allow
that provision, and some others in HB 75 that are important, to
fail, but to "try to negotiate on this opt-in/opt-out
provision."
8:49:26 AM
REPRESENTATIVE MILLETT noted two "sticking points": the [limit
on] the number of [marijuana] plants and the opt-in/opt-out
issue. She said she wants to see the issue resolved. She said
she thought there would be portions of the bill that the House
and Senate members could agree upon, and she expressed her hope
that the Senate would consider removing the local control option
so that the bill would not die. She said, "Absent of that
provision, it goes back to what exists now, that we are silent
on that issue." She remarked upon the time and effort put into
the bill on the House side, and said while she appreciates the
local option, she does not want to see "good work go to waste
because we can't agree on that."
8:51:21 AM
SENATOR HOFFMAN said he, too, is not interested in having this
become "another hairy crab." He noted that he had spoken with
the two Representatives from his district, as well as several
people in rural Alaska, and he offered his understanding that
they think "the provision that is in there does not restrict
those communities from having marijuana." He opined that
marijuana law will be the law of the land and people in rural
Alaska know and accept that. He indicated that an assembly from
an unorganized borough has opted out, and communities may choose
to have the dialogue with their elders at the table whether or
not to "participate in that activity." He said that "did not
happen with alcohol," which resulted in turmoil and suffering in
communities. He stated that if the issue of opting in to
alcohol had been provided, rural Alaska would have forgone many
problems. He said, "We don't expect urban Alaska to go down
that path; we understand that they're never going to have a dry
community on [the issue of] alcohol; but they're not living the
rural life; and rural Alaskans have opted out quite consistently
on alcohol because of the problems that it provides - and
rightfully so."
SENATOR HOFFMAN emphasized that he does not want to see that
same problem exist with marijuana. He indicated the discussion
could take place about the pros and cons of the issue, and he
stated his belief that [rural communities] would be years ahead
on addressing alcohol and alcohol abuse in Interior Alaska if
that [discussion had taken place}. He stated, "I don't believe
this provision is asking very much of the House." He restated
that this is a rural issue. He said people have suffered as a
result of alcohol use and, although he would not say [marijuana
use] would have the same result, he questioned forcing rural
Alaska into something. He related that the two Representatives
from his district had initially agreed with "the House
position," but have reversed their position. He stated his
belief that rural Alaska is unique in terms of alcohol abuse,
and he indicated that drugs are not part of that society. He
concluded, "I don't believe it's a big ask to allow us to do
what we want to do and don't make the same mistakes, saying, 'We
know what's best for rural Alaska.' Let's give them the benefit
of the doubt and say that maybe they should be the ones to
decide."
8:55:43 AM
CHAIR TILTON explained that in crafting the version of HB 75
that had passed out of the House Community and Regional Affairs
Standing Committee, meetings had been held throughout Alaska,
with input obtained from the mayors of communities. She said HB
75 started out as a "fix-it bill" to address a new initiative.
Many communities were "flailing around" in an attempt to decide
whether to opt in or opt out. She said a lot of public
testimony was heard, and alongside the Marijuana Policy Project,
HB 75 was crafted. She offered her understanding that the
communities that participated in the discussion included the
North Slope Borough, the Municipality of Anchorage, and the
Matanuska-Susitna (Mat-Su) Borough, and some individuals took
part. She acknowledged the statement made by Senator Hoffman,
but explained that the goal for HB 75 was to address the
public's concerns, follow Title 4, and stay true to the
initiative, which asked that marijuana be regulated like
alcohol.
8:58:05 AM
SENATOR HOFFMAN responded that Title 4 was flawed because "it
still started out with those communities wet," and the
communities then had to "go through all that pain and suffering
to opt out." He opined that Title 4 was wrong; it should have
had the opt-in provision; instead it put the rural communities
through a process of suffering and violence. He said Title 4
"was not the complete solution to alcohol," and "as a result of
that you can see the number of villages that have opted out."
He said they never would have had to suffer if Title 4 was
"flipped." He stated, "I don't want to put the communities
through ... the same flaws that existed in Title 4 for alcohol,
with marijuana." He said he did not believe that when [the
House Community and Regional Affairs Standing Committee] was
going through the public hearing process the option of opting in
was offered; that option and dialogue came after the public
hearing process. He touched briefly on the idea of asking
people if they want to go through the same suffering they did
during the issue of Title 4 and alcohol. He said although he
does not believe [alcohol and marijuana] are the same and would
cause the same types of problems, Title 4 was devastating.
9:00:24 AM
SENATOR MCGUIRE suggested it would be helpful for the Conference
Committee on HB 75 to recess and for its members to see a list
of the unorganized boroughs and which of them had opted to be
dry.
9:01:02 AM
SENATOR HOFFMAN said he would like to recess to have time to
come to a consensus and move forward. He stated his intention
was "to pass the bill," but without forcing rural Alaska to go
through a flawed process again. He clarified that he is not
advising as to what should be done in urban Alaska, but is
concerned that mistakes are not repeated in urban Alaska.
9:01:57 AM
REPRESENTATIVE DRUMMOND stated that while she appreciates the
emotion and concern that had been expressed, the difference with
the marijuana issue is that it is already legal. She said
Spenard, as she predicted it would, already has more alcohol
operations and marijuana license applications than any other
part of the state. She said those licenses are expensive and
the process is moving forward in Anchorage. She expressed her
perspective that in the unorganized boroughs and remote
communities, the process of establishing a marijuana business
would be difficult because of distance, transportation issues,
and testing. She posited that one consideration would be how to
deal with the black market that already exists in many
communities, especially when people have the liberty to grow and
consume their own [marijuana] because of the initiative. She
said, "Nothing that we do here is going to change that." She
advised consideration of what it would take for the communities
that would appear on a list of unorganized borough to establish
a marijuana retail business. She expressed doubt that anyone in
a community of 200 people would establish a grow operation,
figure out how to get the expensive testing done, and deal with
the issue of transportation. She clarified that because of the
difficulty of establishing a marijuana business anywhere, she
does not think opting out will be an issue. She reiterated
concern about dealing with the black market until the legitimate
businesses get established. She said, "As we approach the two-
year mark from the initiative, I would have some concerns about
getting in the way of business ...." She reiterated her
prediction that there would not be many businesses seeking to
establish themselves in rural communities. She concluded that
"of course, they have every right to have a discussion about
that," but maintained that the issue of personal use must be
addressed.
9:05:38 AM
SENATOR HOFFMAN responded that those are the exact issues that
need dialog at the local level, and that is all "we" are asking.
He said Representative Drummond raised important social issues,
but elders should be allowed to participate in the discussion
instead of having to "go through the whole process and then opt
out." He questioned why there cannot be acknowledgement that
Title 4 was a "huge mistake" in dealing with the issue of
alcohol and a willingness to give [the rural communities] the
benefit of the doubt.
9:06:52 AM
REPRESENTATIVE DRUMMOND stated that in urban communities,
community councils are being pulled into the process by dealing
with the applications first before the city actually does;
therefore, "these conversations are happening in urban
communities, as well."
SENATOR HOFFMAN replied, "Glad to hear that."
[HB 75 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| CCSHB 75 Version WW.pdf |
JHB75 4/13/2016 8:30:00 AM |
HB 75 |
| HB 75 Comparison Narrative, CC.pdf |
JHB75 4/13/2016 8:30:00 AM |
HB 75 |
| HB 75 CC Comparison - MASTER.pdf |
JHB75 4/13/2016 8:30:00 AM |
HB 75 |