Legislature(1999 - 2000)
05/11/1999 05:35 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 40(FIN) am
"An Act merging certain departments in the executive
branch of state government; changing the names of
certain departments in the executive branch of state
government; transferring duties among departments and
offices in the executive branch of state government;
providing that certain discretionary duties formerly
performed by the Department of Community and Regional
Affairs are mandatory in the department to which those
duties are transferred; relating to the licensing of
child care facilities; relating to the division of
vocational rehabilitation; relating to the Alaska
Human Resource Investment Council; adjusting the
membership of certain multi-member bodies; providing
that a certain commissioner may designate department
employees to serve in the commissioner's place on a
board, council, or similar entity; providing for
advice to be given by a department head to the
governor and other commissioners on the delivery of
government services to rural areas and providing for
recommendations to be made to the governor and other
commissioners by that same commissioner about policy
changes that would affect rural governments and rural
affairs; relating to the federal community development
quota program; eliminating references to the division
of tourism; eliminating a reference to manpower
training programs; eliminating references to the
director and deputy director of international trade;
eliminating the requirement for a local advisory
committee for consideration of rural electrification
loans; and providing for an effective date."
This was the first hearing for this bill before the Senate
Finance Committee.
REPRESENTATIVE VIC KOHRING, sponsor of the bill testified.
With the current difficult financial situation, he felt the
legislature needs a more creative approach to address the
budget beyond simply making cuts. He thought the
legislature should look further to find more efficient ways
to deliver programs.
HB 40 combines the Department of Community and Regional
Affairs and the Department of Commerce and Economic
Development into one department titled the Department of
Community and Economic Development. According to
Representative Vic Kohring, both departments have similar
missions to implement programs that encourage economic
development. He stated that by combining the departments,
the state would realize cost savings while maintaining the
same level of service.
Representative Vic Kohring referred to an organizational
chart that was before the members. The chart shows the
placement of various programs under the proposed
configuration of HB 40. He noted that the Department of
Administration, Department of Labor, the Department of
Health and Social Services and the Office of the Governor
are also impacted by the legislation.
Two programs currently under the Department of
Administration, the Capital Matching Grants (Incorporated)
program and the Municipal Grants program, would move to the
Department of Community and Economic Development.
The Department of Labor will become the Department of Labor
and Workforce Development and gain five programs. These
programs were: the Adult Basic Education and the Vocational
Rehabilitation programs currently in the Department of
Education; the Job Training Partnership Act and the State
Training and Employment Program currently in the Department
of Community and Regional Affairs and the Alaska Human
Resource Investment Council currently in the Office of the
Governor.
The Department of Education will become the Department of
Education and Child Development and incorporate four
additional programs. Programs moving from Department of
Community and Regional Affairs are Head Start, ChildCare
Pass II, III and Day Care Assistance. The Licensing of
ChildCare Facilities would move from the Department of
Health and Social Services to the Department of Education
and Child Development.
Representative Vic Kohring told the Committee that Senator
Pete Kelly had initiated the concept of reorganizing
programs four years ago with different legislation.
Representative Vic Kohring said he and Senator Pete Kelly
have worked together since then to streamline the concept
into HB 40. Representative Vic Kohring pointed out there
had been substantial hearings over the years on the matter
and that an argument could not be made that the process was
being rushed.
Representative Vic Kohring stressed the main purpose of HB
40 to save money year after year. He added that programs
will be delivered with much greater efficiency. He thought
this legislation places programs into departments in a
logical manner for budget planning.
Representative Vic Kohring then listed features of the
legislation. One feature is to streamline bureaucracy by
eliminating a commissioner's office and creating a new
agency that will cost less to operate.
Another feature of the bill is to protect the integrity of
programs to the benefit of rural communities, according to
Representative Vic Kohring. He surmised that because the
programs will cost less to operate, they would be less
likely to suffer budget cuts.
Representative Vic Kohring stated that as a result of
placing the economic development programs together into the
new department, there would be a greater focus on economic
development in the state.
Representative Vic Kohring said the new department creates
a one-stop shopping center.
He brought the Committee's attention to another handout
that showed nine economic development programs saying it
was strong justification for this bill in that it pointed
out similarities between the Department of Commerce and
Economic Development and the Department of Community and
Regional Affairs. He hoped that over time when the
legislation was implemented the two agencies would be
blended and would operate with less overhead.
Representative Vic Kohring stated that there would be
future savings beyond what was reflected in the fiscal
note. The Administration would be responsible for achieving
those savings.
Another feature of the bill was that it ensures that local
government assistance will continue, according to
Representative Vic Kohring. The bill enhances
infrastructure planning and the state's economic
development strategy.
Representative Vic Kohring said the bottom line was that
the bill puts the State Of Alaska "on a path to smaller and
smarter government."
Representative Vic Kohring told the Committee that great
effort was put into selecting the new department names. He
said there was a concern that one of the agencies was being
eliminated when actually only the name was going away.
Representative Vic Kohring referred to another handout that
addressed the benefits to rural Alaska. He wanted to
alleviate concerns that the bill would be detrimental to
rural communities. The purpose of HB 40 was strictly
economically related, he stressed and would unify scoping
and planning assistance, infrastructure construction and
financial assistance into one department.
Representative Vic Kohring intended that the budget
subcommittees of both the House of Representatives and the
Senate would evaluate the results of the reorganization in
the next year and locate additional savings potential. The
evaluation was not dictated in the bill, but he expected it
would occur.
Representative Vic Kohring said that there was concern that
this new department would become a mega-agency. However, he
claimed, the department would employ approximately 450
people and would be the fourth smallest agency in state
government. Another concern was that additional
responsibility would be placed on existing personnel.
Representative Vic Kohring did not believe that would
happen with the exception of additional oversight by the
new commissioner's office.
Great care was taken when drafting the bill to ensure
federal funds were not jeopardized, according to
Representative Vic Kohring.
Representative Vic Kohring then read excerpts from two
letters in support of the legislation written by people
formally involved with the affected agencies. The first
was from Don Tanner, former Deputy Commissioner of the
Department of Community and Regional Affairs. His letter
stated that HB 40 is a smart way to cut government,
eliminate unnecessary overhead and allow one department to
be responsible for improving the state's economy. It also
stated that the legislation would increase efficiencies and
greatly enhance economic growth in rural areas.
Paul Fuhs, former Commissioner of the Department of
Community and Economic Development under the Hickel
Administration wrote the second letter. It stated that
combining the Department of Commerce and Economic
Development and the Department of Community and Regional
Affairs would create a more effective program. The letter
also referred to complaints received from participants who
felt they were bounced from agency to agency when trying to
access services.
Representative Vic Kohring summarized his testimony saying
that the legislation streamlines government, protects
important programs and provides better service for the
public by delivering services for less money.
Senator Pete Kelly noted the bill proposed moving the Head
Start and the Day Care Assistance programs to the
Department of Education and asked if feedback on this was
received during hearings in previous committees. MIKE
KRIEBER, staff to Representative Vic Kohring, answered that
the original bill moved the two programs to the Department
of Health and Social Services. The intent of the move was
to combine those programs into one. In working with the
Administration it was determined that the programs would be
best served under the Department of Education, according to
Mike Krieber.
Senator Loren Leman wanted to know how the other new
department names had been conceived. Representative Vic
Kohring replied the Administration recommended the names
and he thought it didn't matter what the departments were
called so long as they reflected the goals laid out in this
legislation.
Senator Al Adams appreciated the consideration given to
rural communities. He wanted to know why the Municipal
Grants program and the Capital Matching Grants program
should be moved from the Department of Administration since
they were already small and efficiently run operations.
Representative Vic Kohring responded that it would be
better to have the programs in the new department because
they were already administered through the Department of
Community and Economic Development but funded through the
Department of Administration. The change would eliminate
the extra step involved with the funding allocation.
Senator Al Adams hoped the personnel who currently operated
the grants programs would be transferred to the new
department since they knew the system.
Senator Al Adams referred to the boards and commissions
attached to the three affected agencies. He pointed out the
elimination of two seats on the Power Project Loan
Committee and wanted to know the reason for the reduction
and if other boards or commissions are similarly changed.
Representative Vic Kohring responded the change was made to
the bill with an amendment in the House Finance Committee.
Mike Krieber explained that the board had seats for the
commissioners of the Department of Community and Regional
Affairs and the Department of Commerce and Economic
Development. With the combination of the two agencies and
elimination of one of the commissioner positions, only one
department representative seat is needed. That left the
board with an even number of seats. To balance the board
for voting purposes, one of the public member seats is also
eliminated.
Mike Krieber continued by saying that the Alaska Coastal
Policy Council along with other miscellaneous boards will
have a reduction of one seat to reflect the combination of
the two commissioner's offices. The Oil and Gas Policy
Committee is one of several other boards that increases its
membership to include the commissioner of the Department of
Revenue.
Senator Gary Wilken referred to the sponsor's cost savings
handout showing savings of $970,000 and to the fiscal note
showing a saving of only $355,000 and wanted the sponsor to
reconcile the differences. Representative Vic Kohring
suspected that when the legislation is implemented, the
actual savings would be somewhere between the two analyses.
He felt there are other areas of potential savings that are
not listed on either analysis such as the elimination of
additional positions. For example, he thought the director
position for the current Division of Community and Regional
Development is no longer needed because the childcare and
job training programs will be transferred from the
Department of Community and Regional Affairs and the
Department of Community and Economic Development.
Senator Gary Wilken commented on the department name
changes, saying he felt there could be some confusion with
the similar acronyms of the new names and existing
department names.
Senator Loren Leman wanted to see department titles as
short as feasible and to reflect the functions of the
department.
Tape: SFC - 99 #133, Side B 6:23 PM
Senator Loren Leman continued pointing out that three
departments end with "Development". His desire was to make
the titles as simple as possible.
Senator Al Adams asked how the four components shown on the
handout titled "Benefits to Rural Alaska" increase
efficiencies or enhance economic development in rural
Alaska. Representative Vic Kohring responded that the new
agency focuses entirely on economic development by
extracting non-economic development programs to the
Department of Education and the Department of Labor where
they are more appropriate. As far as efficiencies,
Representative Vic Kohring thought that if the economic
development programs were under one roof, then when a
community leader seeks funding or loan programs they only
have to make one phone call. He hoped that in blending the
programs together, there would be less need for expensive
overhead in office space, employees and equipment.
Representative Vic Kohring hoped that in time, all the
related programs would blend together.
Co-Chair John Torgerson wanted to know if this bill made
any substantial changes to statute. Representative Vic
Kohring qualified that he knew the legislation was
intimidating but that it only shuffles programs and repeals
unnecessary statutes. He pointed out that Manpower Training
Program, which the Administration currently did not
operate, is eliminated in statute at the Governor's
request.
Representative Vic Kohring noted the presence of
Representative Gene Therriault who contributed greatly to
the legislation.
Senator Randy Phillips was concerned about the fiscal note
and the differences between it and the sponsor's analysis.
Representative Vic Kohring noted the Administration
anticipated it would cost $200,000 to implement the bill,
which he thought was reasonable considering the major
restructuring. As far as the projected savings,
Representative Vic Kohring believed there was simply a
difference of opinion between himself and the
Administration.
Senator Randy Phillips said the real question was who
handled the merger, the Administration or the Legislature.
Representative Vic Kohring said all involved parties would
watch the process. He repeated details of particular
positions and programs he felt could be combined or
eliminated.
Senator Randy Phillips commented about a past executive
order to combine public works and public highways into the
Department of Transportation and Public Facilities. He
expected there were many more employees and a larger budget
since that merger twenty years ago. He did not know if
greater savings and more efficient delivery of services
were the result.
Representative Vic Kohring hoped to use HB 40 as a model
for the future. He had been working on the bill for four
years and plans to monitor the success rate once it passes
into law. He said he intends to determine where cost
saving is realized and where additional savings can be
addressed. Additional legislation could be considered for
future adjustments, he added. He also hopes the budget
subcommittees will watch the progress.
Senator Al Adams wanted to know if the plan is to eliminate
the municipal revenue sharing programs. Representative Vic
Kohring answered that it is not.
Senator Al Adams then asked if moving the Power Cost
Equalization program to AIDEA had been considered. Mike
Krieber said it was discussed. AIDEA is currently in the
Department of Commerce and Economic Development and will be
moved into the new department along with the energy
programs currently in the Department of Community and
Regional Affairs.
Senator Gary Wilken asked if there would be public
testimony in this committee. He was interested in hearing
comments on the movement of education programs. Co-Chair
John Torgerson noted that no one was signed up but could
speak if they chose.
Senator Randy Phillips asked if it wouldn't be better to
combine this bill with a fiscal plan for implementation
rather than adopt this bill and worry about implementation
next session. Senator Lyda Green commented that the Senate
Finance Committee is the proper forum to do so. Senator
Randy Phillips stressed the fiscal implementation direction
was the missing link.
Representative Vic Kohring responded that he had made
significant accomplishment in coming to agreement with the
Administration. He noted that originally the Administration
calculated a cost of $1.6 million to implement the bill and
that he was pleased the cost had been brought down. He was
disappointed with the elimination of some positions.
Ultimately, he felt a delicate balancing act was achieved.
KAREN REHFELD, Department of Education came to the table at
the request of Senator Gary Wilken. He wanted to know the
comfort level of the department taking on the duties of
childcare. Karen Rehfeld said there would be a number of
responsibilities added to the Department of Education
including the Daycare Assistance Program, Child Care Pass
II and III, Head Start, Childcare Licensing and some
research programs. The department did have some concerns
since these are new areas. The department understands the
role of quality childcare development in the child's
ability to learn once they enter the school system.
Karen Rehfeld said the Department of Education has ongoing
discussions with the Department of Health and Social
Services and the Department of Community and Regional
Affairs who are willing to assist in the transfer of the
programs.
Senator Gary Wilken wanted to know if there was any
indication that the preschool program operations would be
different than K-12. Karen Rehfeld replied that the
licensing of childcare facilities was the area of greatest
concern because of the difficulty to implement by the
effective date of the bill. Currently, the Department of
Health and Social Services combines the childcare licensing
functions with licensing of foster care. To split the
functions will take longer than the July 1, 1999 date in
the bill. An amendment was made in the House of
Representatives to delay the effective date of to July 1,
2000.
Karen Rehfeld voiced concerns that the Department of
Education's current resources is not adequate to cover the
costs of preschool certification. A proposal before the
Conference Committee on the FY00 Operating Budget would
eliminate all general funding for that component.
Senator Gary Wilken wanted to follow the progress of the
new Department of Education and Childhood Development. He
referred to page 9 line 23 of the House Finance Committee
substitute that granted the department the ability to issue
a variance of up to two years for a childcare center. He
wanted to speak further to the witness at a later time on
this matter.
Co-Chair John Torgerson noted a proposed committee
substitute, SCS CS HB 40 (FIN) 1-LS0056/N 5/11/99, before
the members for consideration. Senator Lyda Green moved for
adoption as a Workdraft. Senator Al Adams and Co-Chair John
Torgerson objected.
Senator Lyda Green detailed the changes proposed in Version
"N". The duties of regulating meat, poultry, dairy products
and livestock are transferred from the Department of
Environmental Conservation to the Department of Natural
Resources Division of Agriculture. Senator Lyda Green
stated the Division of Agriculture is the typical division
of oversight for these programs in most other states.
The management of pesticides will also transfer from the
Department of Environmental Conservation to the Department
of Natural Resources Division of Agriculture under the
proposed committee substitute Version "N". Senator Lyda
Green explained the lack of a fee structure imposed on
manufacturers of pesticides and fertilizers imported to the
state and her intent to establish a system in the future.
CS HB 40 Version "N" creates a new Division of Safety
Inspections within the Department of Public Safety to
operate the Alaska Occupational Safety and Health program
and perform safety inspections currently managed by the
Department of Labor. The Alaska Safety Advisory Council
will also transfer to the Division of Safety Inspections.
The licensing and issuance of and certificates of fitness
will be consolidated into the Division Occupational
Licensing in the new Department of Community and Economic
Development. The Alaska Labor Relations Agency will
transfer from the Department of Labor to the Department of
Administration.
Co-Chair John Torgerson clarified the committee substitute
makes no substantive changes to the law; only shifted
programs to different agencies.
Senator Pete Kelly wanted to hear from the sponsor on the
proposed committee substitute Version "N". Co-Chair John
Torgerson noted the sponsor did not have a copy of the
committee substitute.
Senator Al Adams asked Senator Lyda Green if impact
statements were received from each of the affected
agencies. Co-Chair John Torgerson said it was his intent if
the committee substitute Version "N" was adopted HB 40
would be heard later in the week after department impact
statements were submitted.
AT EASE 6:46PM / 6:47PM
Senator Lyda Green removed her motion to adopt SCS CS HB 40
1-LS0056/N 5/11/99. Co-Chair John Torgerson announced that
the committee substitute will be distributed and the
departments given an opportunity to comment.
Co-Chair John Torgerson ordered HB 40 held in committee.
AT EASE 6:48PM / 7:03PM
Co-Chair John Torgerson announced SB 113 would not be heard
this meeting.
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(HES)
"An Act relating to the medical use of marijuana; and
providing for an effective date."
Senator Loren Leman, sponsor of the bill, explained this
legislation was before the Committee as a result of the
ballot measure voters adopted in the last election to
legalize the use of marijuana for medical treatment. He
became aware of problems with enforcement of the new law by
the Department of Public Safety and the Department of Law.
He stressed this bill does not repeal the initiative, only
provided definition so the law can be enacted as intended.
Senator Loren Leman believed "there was a massive campaign
of misinformation" involved in the development of this
legislation. He added that fortunately, a representative of
the Alaskans for Medical Rights organization came the table
to work constructively with the Administration and himself.
The agreements reached are reflected in the Senate Health
and Social Services committee substitute, 1-LS0524/M, and
meet most of the requirements of the sponsor, the
Administration and the medical marijuana organization.
Senator Loren Leman said amendments were before the
Committee that will provide further clarification to the
bill.
Senator Loren Leman noted Senator Al Adams submitted
several amendments, some of which were identical to ones he
submitted. Senator Loren Leman supported those identical
amendments.
ELMER LINDSTROM, Special Assistant, Office of the
Commissioner, Department of Health and Social Services,
came to the table. He testified that because the statute to
legalize medical use of marijuana was passed by the voters,
the department had no opportunity to secure funding for the
new program. An increment was added to the FY00 Operating
Budget under the Bureau of Vital Statistics component for
approximately $73,000 for one staff position to operate the
registry, produce identification cards and operate the
program. That component was not approved in either the
House or the Senate Finance Committee budgets noted Elmer
Lindstrom. Therefore, the fiscal note reflected the
department's reassessment of the amount needed to operate
the program. Elmer Lindstrom added that this legislation
would add to the department's responsibility even though
the amount of the fiscal note is less than originally
requested in the FY00 operating budget.
Co-Chair John Torgerson asked if the department supported
the legislation. Elmer Lindstrom answered that the
Administration supported clarification of the ballot
measure. The Department of Health and Social Services' only
concerns were to avoid a great administrative burden and to
draft enforcement guidelines that do not hamper the
confidentiality relationship between physicians and
patients. The department would defer to the Department of
Law and the Department of Public Safety on the questions of
enforcement legality.
Co-Chair John Torgerson wanted to know if the committee
substitute changed the ballot measure beyond technical
clarifications. Elmer Lindstrom replied that he was not
the best person to answer the question. He noted that the
Department of Law does not think the bill was a repeal of
the initiative or goes beyond the ability granted to the
Legislature to amend an initiative.
DAVID FINKLESTEIN of Alaskans for Medical Rights testified.
He believed it was important to note that when the bill was
first introduced, his organization felt it essentially
repealed the proposition. The organization took a defensive
posture on the legislation because it felt affected
patients would not be able to take advantage of the law to
allow medical marijuana use, according to David
Finklestein. He added that the sponsor and the
Administration have since made a good effort to address the
public's concerns.
However, the organization still had some concerns with the
committee substitute.
David Finklestein stressed that the committee substitute is
not simply a technical change to the ballot initiative, it
is much larger. The mandatory registration requirement
requested by law enforcement is not the intent of the
initiative, according to David Finklestein. The ballot
measure offered voluntary registration for those patients
wanting protection under the law. David Finklestein
stressed that if this bill passes, it will be the first
state of those with medical marijuana laws to impose
mandatory registration requirements. SB 94 also contains
restrictions on the amount of marijuana a patient can
possess and stipulates that a patient must prove a more
serious condition to possess a greater amount. A provision
in the bill restricts caregivers as well, David Finklestein
stated.
David Finklestein concluded by stressing that Alaskans for
Medical Rights still had major concerns with the bill but
noted that the sponsor had done much to address those
concerns.
Senator Gary Wilken moved for adoption of Amendment #1. Co-
Chair John Torgerson objected for explanation. Senator
Gary Wilken explained that during the Senate Health and
Social Services Committee hearing on the bill, a draft
version contained a provision stating that a person using
medical marijuana must visit a physician at least once
every three months. The current version of the bill, CS SS
SB 94 (HES) 1-LS0524/M, allowed the patient to visit a
physician only once, obtain a prescription for marijuana,
and not be required to have follow-up visits for renewed
prescriptions. Senator Gary Wilken felt that provision was
too liberal. Amendment #1 requires a patient to visit a
physician in person at least once a year.
Senator Loren Leman noted he had no objection to the
amendment.
Senator Gary Wilken asked for David Finklestein's comments
on the amendment. David Finklestein concurred with the
first two sections of the amendment requiring documentation
from the physician, but felt the last section, requiring
annual visits to a physician, places a burden on those
living in rural areas away from health care facilities.
Under this amendment, the patient is required to submit
annual documentation from the physician stating that the
condition is still present. Therefore, David Finklestein
felt that because many conditions are ongoing and not
curable, the doctor visits might not have any other benefit
than to satisfy this statue.
Without objection, Amendment #1 was adopted.
Senator Al Adams moved for adoption of Amendment #2. Co-
Chair John Torgerson objected for explanation. Senator Al
Adams explained the current committee substitute requires a
physician to provide the Department of Health and Social
Services with a list of the patient's symptoms. He believed
there was no reason this confidential information should be
provided to the department, and noted the department does
not plan to include this information in a patients
registration records.
Senator Loren Leman pointed out the reason for the
provision to require a list of the patient's symptoms is to
reduce the chances of fraud. However, he concluded that
because the list of symptoms would be generic, including
pain, nausea, etc., it would probably become useless
information. He had no objection to the adoption of the
amendment.
Without objection, Amendment #2 was adopted.
Senator Al Adams moved for adoption of Amendment #3.
Senator Lyda Green objected for explanation. Senator Al
Adams explained that this amendment relates to existing
exceptions stipulating that a primary caregiver can serve
more than one patient as directed in the ballot initiative.
The current committee substitute only allows for caregivers
that live in the same household as the patient and are
related by blood or marriage. This amendment allows a
caregiver to serve more than one patient who is a family
member, even if they live in a different household.
Senator Loren Leman stated that in the interest of working
with the Administration, he concluded that this amendment
is a provision he can accept.
There was no objection and Amendment #3 was adopted.
Senator Al Adams moved for adoption of Amendment #4. Co-
Chair John Torgerson objected for explanation. Senator Al
Adams explained this amendment includes another exemption
by giving the Department of Health and Social Services
discretion to allow a caregiver to serve more than one
patient to avoid unnecessary hardship.
Senator Loren Leman pointed out that in previous testimony,
the Department of Law has stated opposition to this
amendment because it does not provide specific guidelines.
Without direction in statute, this would become a
meaningless provision, according to Department of Law
testimony given in earlier hearings. Senator Loren Leman
was not opposed to crafting guidelines for the Department
of Health and Social Services, but had been unable to
accomplish that to date. He believed it could be done over
the interim.
Senator Al Adams asked if David Finklestein had discussed
this matter with the Department of Law. David Finklestein
answered that this amendment was at the suggestion of the
Department of Health and Social Services to assist in
administration of the current program. He said the intent
is that this exemption will be for the rare occurrences of
patients in a hospice program or other unique situations of
having more than one caregiver.
MIKE POLLY, staff to Senator Loren Leman stated that the
issue had been raised with the Department of Law. That
department argued the importance of maintaining a one-to-
one relationship between the patient and the primary
caregiver and supported a provision allowing each patient
only one caregiver and each caregiver only one patient. The
problem with the multiple patient exception, according to
Mike Polly, is the creation of a financial incentive to
caregivers profiting from the sale of marijuana to a
multiple number of patients. This has been a problem in
other states with medical marijuana laws. The Department of
Law surmised that unless there are detailed guidelines
allowing when the exemptions are appropriate, the
Department of Health and Social Services will simply
"rubber stamp" exemptions.
Senator Al Adams wanted to hear from the Department of
Health and Social Services. Elmer Lindstrom said this
language was substantially similar to the initiative
language and to the regulations adopted after public
review. He detailed the situations of specialized
caregivers that the Bureau of Vital Statistics anticipated
granting hardship exemptions for. He acknowledged the
concerns of the Department of Law and the Department of
Public Safety of multiple caregivers serving multiple
patients.
Co-Chair John Torgerson asked that if this amendment failed
to pass would the department simply implement the similar
regulations. Elmer Lindstrom responded that no, the
regulations would not include exemptions.
Tape: SFC - 99 #134, Side A 7:26PM
[Tape malfunction]
Senator Gary Wilken opposed the amendment
Amendment #4 failed to be adopted by a vote of 1-8. Senator
Al Adams voted in favor.
Amendment #5 was not offered because it was the same as
Amendment #2.
Amendment #6 was the same as Amendment #3 and also was not
offered.
Senator Loren Leman moved to adopt Amendment #7. Co-Chair
John Torgerson objected. Mike Polly explained the amendment
deletes language from the committee substitute that
required the patient to prove any marijuana found in
possession to be strictly for the treatment of the
prescribed medical condition. He said there had been a
great deal of feedback in opposition to this provision
because of the need to prove a "double negative." The
patient is being asked to prove the marijuana is not used
for a non-medical purpose.
Mike Polly consulted with the Department of Law, who did
not agree with the double negative interpretation, but
indicated that AS 11.71.090(a)(2) as proposed in CS SS SB
94 (HES), containing this provision, is superfluous because
of the provision in paragraph 3 of the same statute. AS
11.71.090(a)(3) prohibits the manufacture, delivery or
possession of marijuana for purposes other than medical
use, which accomplishes the same objective as proposed in
paragraph 2.
Amendment #7 was adopted by a vote of 8-1. Senator Al Adams
cast the nay vote.
Senator Loren Leman moved for adoption of Amendment #8. Co-
Chair John Torgerson objected for explaination. Mike Polly
explained that in the original version of SB 94, language
was included to clarify that the possession limit of one
ounce/six plant of marijuana applied collectively to both
the patient and the primary caregiver. This provision was
inadvertently omitted in the Senate Health and Social
Services committee substitute and brought to the sponsor's
attention by the Department of Law, according to Mike
Polly. By inserting "in the aggregate" after "possess" on
page 11 line 10 of the committee substitute, this amendment
will reinsert the collective possession limit for both the
patient and the caregiver.
Without objection, Amendment #8 was adopted.
Senator Loren Leman moved for adoption of Amendment #9. Co-
Chair John Torgerson objected for explaination. Mike Polly
explained the amendment changes the circumstances under
which law enforcement will have access to information in
the registry of marijuana patients. Currently, the
committee substitute allows law enforcement access in the
course of any criminal investigation. This issue had been
the subject of controversy in previous hearings because of
the relatively unlimited access, according to Mike Polly.
The amendment stipulates law enforcement only has access to
the registration records during the course of a criminal
investigation of an individual suspected of a violation of
AS 11.71, AS 17.30 or AS 17.37, the statutes that address
controlled substances.
Amendment #9 was adopted without objection.
Senator Al Adams noted that he had three amendments he
would not offer at this time. He hoped the sponsor would
work with Alaskans for Medical Rights to address the items
in these amendments. If a compromise is reached, the
amendments could be offered on the Senate floor, Senator Al
Adams said.
Senator Dave Donley felt this legislation is a good
product. He thought the statute is necessary to implement
the ballot initiative. The sponsor, the Department of
Public Safety and the Department of Law put a lot of work
into the bill, stated Senator Dave Donley.
Senator Loren Leman echoed Senator Dave Donley's comments.
He appreciated the assistance and the expertise of the
Administration with this bill.
Senator Loren Leman offered a motion to report CS SB 97
(FIN) from committee with individual recommendations and
accompanying fiscal note. There was no objection and it was
so ordered.
HB 209 was not heard because the teleconference link was
interrupted.
Co-Chair John Torgerson announced the Senate Finance
Committee would hear HB 156, HB 68, HB 102, HB 157 and HB
217 the next day.
ADJOURNED
Senator Torgerson adjourned the meeting at 7:37PM.
SFC-99 (27) 5/11/99
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