02/23/1994 01:40 PM Senate HES

 CHAIRMAN RIEGER introduced  SB 319  (DRUG FREE RECREATION AND YOUTH           
 CENTERS) as the next order of business before the committee.                  
                                                                               
 KEN ERICKSON, Staff to Senator Pearce, read Senator Pearce's                  
 sponsor statement.                                                            
                                                                               
 SENATOR LEMAN asked if the reference to associated buildings                  
 applies to municipal constructions.  KEN ERICKSON pointed out that            
 Section 5 provides the definition of a "recreation or youth                   
 center."  Mr. Erickson said yes those would be included.                      
                                                                               
 SENATOR SALO asked if a controlled substance included alcohol and             
 tobacco.  KEN ERICKSON did not believe that alcohol or tobacco were           
 included in the laundry list in the statutes.                                 
                                                                               
 SENATOR SALO explained that the drug free zones around schools                
 clearly did include alcohol and tobacco.  She asked if they also              
 used the language "controlled substance" and if they were changing            
 the same part of the statute.  KEN ERICKSON stated that youth                 
 centers are added to those currently listed in statutes.                      
                                                                               
 SENATOR SALO noted that lay people would interpret "controlled                
 substances" to include alcohol and tobacco.  She explained that               
 preventing the use of alcohol and tobacco in school during school             
 hours was not a problem; but when the facilities are used by                  
 adults, problems with this drug free zone occur.  She expressed               
 concern that if this language does include alcohol and tobacco                
 there would be numerous problems since this legislation speaks to             
 many adult used facilities.                                                   
                                                                               
 CHAIRMAN RIEGER noted that SB 319 refers to schedules which                   
 classify controlled substances.  SENATOR SALO emphasized the need             
 to definitely know if "controlled substance" includes alcohol and             
 tobacco because this could be a felony.                                       
                                                                               
 KEN ERICKSON reviewed the statutes and did not see alcohol and                
 tobacco listed.                                                               
                                                                               
 SENATOR LEMAN moved that SB 319 be passed out of committee with               
 individual recommendations.  Hearing no objection, it was so                  
 ordered.