Legislature(2015 - 2016)

05/16/2016 11:40 AM House HB75


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11:40:54 AM Start
11:41:29 AM HB75
11:46:00 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
           HB 75-MARIJUANA ESTAB. REG; LOCAL ELECTION                                                                       
                                                                                                                                
11:41:29 AM                                                                                                                   
                                                                                                                                
CHAIR TILTON announced  that the only order of  business would be                                                               
CS  FOR HOUSE  BILL  NO.  75(JUD) am,  "An  Act  relating to  the                                                               
registration  of  marijuana   establishments  by  municipalities;                                                               
relating to  the definition of 'marijuana';  clarifying standards                                                               
for  personal use  of marijuana  by persons  21 years  of age  or                                                               
older;   prohibiting  the   public   consumption  of   marijuana;                                                               
authorizing  the registration  of  marijuana  clubs; relating  to                                                               
established villages and to local  option elections regarding the                                                               
operation  of  marijuana  establishments; and  providing  for  an                                                               
effective  date." and  2d SENATE  CS FOR  CS FOR  HOUSE BILL  NO.                                                               
75(RLS),  "An  Act  relating to  background  checks  for  persons                                                               
applying  to   operate  marijuana  establishments;   relating  to                                                               
possessing, using,  displaying, purchasing,  growing, processing,                                                               
transporting, and  transferring marijuana; relating  to assisting                                                               
another person 21 years of age  or older in activities related to                                                               
marijuana; relating  to established villages and  to local option                                                               
elections  regarding the  operation of  marijuana establishments;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
CHAIR TILTON  stated that the  Conference Committee on HB  75 was                                                               
operating under  Uniform Rule 42;  public testimony would  not be                                                               
taken; and adoption of a  conference committee report requires an                                                               
affirmative vote by  a majority of the membership  of each house.                                                               
She  relayed that  available for  consideration was  the proposed                                                               
conference  committee substitute  (CCS)  for HB  75, Version  29-                                                               
LS0345\PP, Martin, 5/12/16.   She recounted that  at its previous                                                               
meeting on 4/13/16, the Conference  Committee on HB 75 had failed                                                               
to adopt either CSHB 75(JUD) am or 2d SCS CSHB 75(RLS).                                                                         
                                                                                                                                
11:42:07 AM                                                                                                                   
                                                                                                                                
SENATOR BISHOP  moved to adopt the  proposed conference committee                                                               
substitute  (CCS)  for  HB   75,  Version  29-LS0345\PP,  Martin,                                                               
5/12/16, as a working document.                                                                                                 
                                                                                                                                
11:42:20 AM                                                                                                                   
                                                                                                                                
SENATOR HOFFMAN objected for purpose of discussion.                                                                             
                                                                                                                                
11:42:43 AM                                                                                                                   
                                                                                                                                
HEATH HILYARD,  Staff, Representative Cathy Tilton,  Alaska State                                                               
Legislature,   presented   the  proposed   conference   committee                                                               
substitute  (CCS)  for  HB   75,  Version  29-LS0345\PP,  Martin,                                                               
5/12/16, on behalf of Representative  Tilton.  He said Version PP                                                               
is a  scaled down bill  that includes three provisions  that were                                                               
in both  the latest  House and  Senate versions  of the  bill, as                                                               
well as  one addition  regarding bail  schedules by  the [Alaska]                                                               
Supreme Court.                                                                                                                  
                                                                                                                                
MR. HILYARD  stated Section 1  would establish a  household plant                                                               
limit; it is  derived from the Senate version limit  of 12 plants                                                               
per household.   Section 2 would stipulate  that communities that                                                               
qualify as established villages would  be included but could hold                                                               
a local  election to "opt out."   Section 3 would  stipulate that                                                               
the  exercise of  municipal powers  would be  on a  non-area-wide                                                               
basis,  which  means  that  boroughs  would  not  be  allowed  to                                                               
supersede the decisions of cities within their boundaries.                                                                      
                                                                                                                                
MR.  HILYARD  said Section  4  would  establish a  provision  for                                                               
holding  a  local option  election  and  "repealing local  option                                                               
elections if a  community so chooses."  He  directed attention to                                                               
the last  part of  Section 4,  on page 5,  lines 20-22,  which he                                                               
explained was  the language that  would allow the  Alaska Supreme                                                               
Court  to establish  bail schedules  for  certain minor  offenses                                                               
related  to marijuana.   He  stated  that Section  5 pertains  to                                                               
definitions; Section 6 is the effective date.                                                                                   
                                                                                                                                
11:44:25 AM                                                                                                                   
                                                                                                                                
SENATOR HOFFMAN removed his objection  to the motion to adopt the                                                               
proposed CCS  for HB 75,  Version 29-LS0345\PP,  Martin, 5/12/16,                                                               
as  a  working  document.   There  being  no  further  objection,                                                               
Version PP was before the committee.                                                                                            
                                                                                                                                
11:44:45 AM                                                                                                                   
                                                                                                                                
SENATOR  BISHOP moved  that  the Conference  Committee  on HB  75                                                               
recommend that  the House and  Senate adopt the proposed  CCS for                                                               
HB  75,  Version  29-LS0345\PP, Martin,  5/12/16,  with  upcoming                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
11:45:09 AM                                                                                                                   
                                                                                                                                
A roll call  vote was taken.   Representatives Drummond, Millett,                                                               
and Tilton  voted in favor  of the  motion to recommend  that the                                                               
House and  Senate adopt the proposed  CCS for HB 75,  Version 29-                                                               
LS0345\PP,   Martin,  5/12/16,   with   upcoming  fiscal   notes.                                                               
Senators  McGuire, Hoffman,  and  Bishop voted  in  favor of  the                                                               
motion to recommend that the  House and Senate adopt the proposed                                                               
CCS  for  HB  75,  Version 29-LS0345\PP,  Martin,  5/12/16,  with                                                               
upcoming fiscal notes.  Therefore, the motion passed by a vote                                                                  
of 3:0 (House) and 3:0 (Senate).                                                                                                
                                                                                                                                
11:45:41 AM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease at 11:45 a.m.                                                                                

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