04/11/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB254 | |
| SJR22 | |
| SB171 | |
| SB187 | |
| SB108 | |
| HB108 | |
| SB187 | |
| SB173 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 2 | TELECONFERENCED | |
| + | SB 173 | TELECONFERENCED | |
| + | HB 370 | TELECONFERENCED | |
| + | HB 254 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 171 | TELECONFERENCED | |
| += | SB 187 | TELECONFERENCED | |
| += | HB 60 | TELECONFERENCED | |
| += | HB 108 | TELECONFERENCED | |
| + | SJR 22 | TELECONFERENCED | |
| += | SB 108 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 11, 2014
1:17 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Gabrielle LeDoux
Representative Max Gruenberg
Representative Lance Pruitt
Representative Neal Foster
MEMBERS ABSENT
Representative Charisse Millett
COMMITTEE CALENDAR
HOUSE BILL NO. 254
"An Act relating to powers of attorney; relating to the uniform
probate code; and providing for an effective date."
- <BILL HEARING CANCELED>
SENATE JOINT RESOLUTION NO. 22 AM
Opposing the warrantless collection of telephone call data by
the National Security Agency.
- MOVED HCS SJR 22(JUD) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 171(JUD)
"An Act relating to multidisciplinary child protection teams;
and relating to investigation of child abuse or neglect."
- MOVED HCS CSSB 171(2D JUD) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 187(JUD)(TITLE AM)
"An Act relating to the crime of misconduct involving
confidential information in the first degree; amending Rule 16,
Alaska Rules of Criminal Procedure; amending Rule 8, Alaska
Child in Need of Aid Rules; and providing for an effective
date."
- MOVED HCS CSSB 187(JUD) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 108(JUD)
"An Act relating to the confidentiality of certain records of
criminal cases; and providing for an effective date."
- MOVED OUT OF COMMITTEE
HOUSE BILL NO. 108
"An Act relating to electronic citations; creating the
electronic citation fund; and providing for an effective date."
- MOVED CSHB 108(JUD) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 173(JUD)
"An Act relating to a prohibition on the possession, offer,
display, marketing, advertising for sale, or sale of illicit
synthetic drugs."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 254
SHORT TITLE: POWERS OF ATTORNEY
SPONSOR(s): REPRESENTATIVE(s) HUGHES, GRUENBERG
01/21/14 (H) PREFILE RELEASED 1/17/14
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) L&C, JUD
04/07/14 (H) L&C AT 3:15 PM BARNES 124
04/07/14 (H) Moved CSHB 254(L&C) Out of Committee
04/07/14 (H) MINUTE(L&C)
04/08/14 (H) L&C RPT CS(L&C) 5DP 1AM
04/08/14 (H) DP: CHENAULT, HERRON, REINBOLD,
SADDLER, OLSON
04/08/14 (H) AM: JOSEPHSON
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SJR 22
SHORT TITLE: OPPOSE WARRANTLESS DATA COLLECTION
SPONSOR(s): SENATOR(s) GIESSEL
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) JUD
03/07/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/07/14 (S) Moved SJR 22 Out of Committee
03/07/14 (S) MINUTE(JUD)
03/10/14 (S) JUD RPT 3DP
03/10/14 (S) DP: COGHILL, OLSON, DYSON
03/31/14 (S) TRANSMITTED TO (H)
03/31/14 (S) VERSION: SJR 22 AM
04/01/14 (H) READ THE FIRST TIME - REFERRALS
04/01/14 (H) JUD
04/09/14 (H) JUD AT 1:00 PM CAPITOL 120
04/09/14 (H) Scheduled But Not Heard
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 171
SHORT TITLE: MULTIDISCIPLINARY CHILD PROTECTION TEAMS
SPONSOR(s): SENATOR(s) COGHILL
02/12/14 (S) READ THE FIRST TIME - REFERRALS
02/12/14 (S) JUD
02/24/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/14 (S) Heard & Held
02/24/14 (S) MINUTE(JUD)
03/03/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/03/14 (S) Scheduled But Not Heard
03/05/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/14 (S) Moved CSSB 171(JUD) Out of Committee
03/05/14 (S) MINUTE(JUD)
03/07/14 (S) JUD RPT CS 2DP 2NR SAME TITLE
03/07/14 (S) DP: COGHILL, DYSON
03/07/14 (S) NR: WIELECHOWSKI, OLSON
03/21/14 (S) TRANSMITTED TO (H)
03/21/14 (S) VERSION: CSSB 171(JUD)
03/24/14 (H) READ THE FIRST TIME - REFERRALS
03/24/14 (H) JUD
04/02/14 (H) JUD AT 1:00 PM CAPITOL 120
04/02/14 (H) Moved HCS CSSB 171(JUD) Out of
Committee
04/02/14 (H) MINUTE(JUD)
04/03/14 (H) JUD RPT HCS(JUD) 5DP 2NR
04/03/14 (H) DP: MILLETT, FOSTER, LYNN, LEDOUX,
KELLER
04/03/14 (H) NR: PRUITT, GRUENBERG
04/07/14 (H) RETURNED TO JUD COMMITTEE
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 187
SHORT TITLE: CONFIDENTIAL INFORMATION: MISCONDUCT, RLS
SPONSOR(s): SENATOR(s) COGHILL
02/21/14 (S) READ THE FIRST TIME - REFERRALS
02/21/14 (S) JUD
03/12/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/12/14 (S) Heard & Held
03/12/14 (S) MINUTE(JUD)
03/14/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/14/14 (S) -- MEETING CANCELED --
03/17/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/14 (S) Moved CSSB 187(JUD) Out of Committee
03/17/14 (S) MINUTE(JUD)
03/18/14 (S) JUD RPT CS 2DP 1NR NEW TITLE
03/18/14 (S) DP: COGHILL, DYSON
03/18/14 (S) NR: OLSON
03/26/14 (S) TRANSMITTED TO (H)
03/26/14 (S) VERSION: CSSB 187(JUD)(TITLE AM)
03/27/14 (H) READ THE FIRST TIME - REFERRALS
03/27/14 (H) JUD
04/04/14 (H) JUD AT 1:00 PM CAPITOL 120
04/04/14 (H) Heard & Held
04/04/14 (H) MINUTE(JUD)
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 108
SHORT TITLE: CONFIDENTIALITY OF CRIMINAL CASE RECORDS
SPONSOR(s): SENATOR(s) DYSON
01/22/14 (S) PREFILE RELEASED 1/10/14
01/22/14 (S) READ THE FIRST TIME - REFERRALS
01/22/14 (S) JUD, FIN
02/24/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/14 (S) Heard & Held
02/24/14 (S) MINUTE(JUD)
02/28/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/28/14 (S) Heard & Held
02/28/14 (S) MINUTE(JUD)
03/03/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/03/14 (S) Heard & Held
03/03/14 (S) MINUTE(JUD)
03/05/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/14 (S) Moved CSSB 108(JUD) Out of Committee
03/05/14 (S) MINUTE(JUD)
03/07/14 (S) JUD RPT CS 1DP 1NR 2AM SAME TITLE
03/07/14 (S) DP: DYSON
03/07/14 (S) NR: COGHILL
03/07/14 (S) AM: WIELECHOWSKI, OLSON
03/17/14 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/17/14 (S) Heard & Held
03/17/14 (S) MINUTE(FIN)
03/18/14 (S) FIN RPT CS(JUD) 4DP 3NR
03/18/14 (S) DP: KELLY, MEYER, DUNLEAVY, BISHOP
03/18/14 (S) NR: HOFFMAN, FAIRCLOUGH, OLSON
03/18/14 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/18/14 (S) Moved CSSB 108(JUD) Out of Committee
03/18/14 (S) MINUTE(FIN)
03/28/14 (S) TRANSMITTED TO (H)
03/28/14 (S) VERSION: CSSB 108(JUD)
03/31/14 (H) READ THE FIRST TIME - REFERRALS
03/31/14 (H) JUD, FIN
04/09/14 (H) JUD AT 1:00 PM CAPITOL 120
04/09/14 (H) <Bill Hearing Canceled>
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 108
SHORT TITLE: SURCHARGE ON FINES/ELEC. CITATION FUND
SPONSOR(s): REPRESENTATIVE(s) P.WILSON
02/11/13 (H) READ THE FIRST TIME - REFERRALS
02/11/13 (H) JUD, FIN
03/11/13 (H) JUD AT 1:00 PM CAPITOL 120
03/11/13 (H) Heard & Held
03/11/13 (H) MINUTE(JUD)
04/07/14 (H) JUD AT 1:00 PM CAPITOL 120
04/07/14 (H) Scheduled But Not Heard
04/09/14 (H) JUD AT 1:00 PM CAPITOL 120
04/09/14 (H) <Bill Hearing Canceled>
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 173
SHORT TITLE: SYNTHETIC DRUGS
SPONSOR(s): SENATOR(s) MEYER
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) JUD
03/05/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/14 (S) Heard & Held
03/05/14 (S) MINUTE(JUD)
03/12/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/12/14 (S) Moved CSSB 173(JUD) Out of Committee
03/12/14 (S) MINUTE(JUD)
03/14/14 (S) JUD RPT CS 3DP 1NR 1AM NEW TITLE
03/14/14 (S) DP: COGHILL, MCGUIRE, DYSON
03/14/14 (S) NR: OLSON
03/14/14 (S) AM: WIELECHOWSKI
03/14/14 (S) FIN REFERRAL ADDED AFTER JUD
03/18/14 (S) FIN REFERRAL REMOVED
03/28/14 (S) TRANSMITTED TO (H)
03/28/14 (S) VERSION: CSSB 173(JUD)
03/31/14 (H) READ THE FIRST TIME - REFERRALS
03/31/14 (H) JUD, FIN
04/10/14 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/10/14 (H) <Pending Referral>
04/11/14 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
SENATOR CATHY GIESSEL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SJR 22.
JANE CONWAY, Staff
to Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SJR 22 on behalf of Senator
Giessel.
RYNNIEVA MOSS, Staff
to Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented an amendment to HCS SB 171(JUD) on
behalf of Senator Coghill.
RYNNIEVA MOSS, Staff
to Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSSB 187(JUD) on behalf of Senator
Coghill.
JAN RUTHERDALE, Chair
Children's Justice Act Task Force
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Spoke in support of SB 187 and expressed one
concern.
EMILY WRIGHT, Assistant Attorney General
Alaska Department of Law (DOL), Child Protection Section
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding SB 187.
CHUCK KOPP, Staff
Senator Fred Dyson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered a question regarding CSSB 108(JUD).
REPRESENTATIVE PEGGY WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 108 as sponsor.
ARTHUR MARTIN, Staff
to Representative Peggy Wilson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding HB 108.
NANCY MEADE, General Counsel
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Discussed HB 108.
LIEUTENANT RICK ROBERTS
Alaska State Troopers
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding HB 108.
RYNNIEVA MOSS, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSSB 187(JUD) on behalf of Senator
Coghill.
EDRA MORLEDGE, Staff
to Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSSB 173(JUD) on behalf of Senator
Meyer.
KATHLEEN STRASBAUGH, Attorney
Legislative Legal and Research Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding SB 173.
CYNTHIA FRANKLIN, Prosecutor
Municipality of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Answered questions about SB 173.
QUINLAN STEINER, Public Defender
Public Defender Agency
Alaska Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding SB 173.
ACTION NARRATIVE
1:17:47 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at 1:17 p.m. Representatives LeDoux, Lynn,
Gruenberg, and Keller were present at the call to order.
Representatives Foster and Pruitt arrived as the meeting was in
progress.
1:18:00 PM
HB 254-POWERS OF ATTORNEY
CHAIR KELLER said HOUSE BILL NO. 254, "An Act relating to powers
of attorney; relating to the uniform probate code; and providing
for an effective date," was scheduled to be heard today, and it
is very well-intentioned legislation to stop abuse of elders by
amending the power-of-attorney law. It is an extensive bill, so
he said, he will drop it from the hearing with the understanding
that the committee would be willing to look at it during the
interim.
1:18:33 PM
REPRESENTATIVE GRUENBERG noted that he would work on HB 254
during the interim if the chair were to set up a subcommittee.
[House bill 254 was held over.]
SJR 22-OPPOSE WARRANTLESS DATA COLLECTION
1:18:56 PM
CHAIR KELLER listed the bills to be discussed at today's
hearing, and then he announced that the next order of business
would be SENATE JOINT RESOLUTION NO. 22 am: Opposing the
warrantless collection of telephone call data by the National
Security Agency.
1:20:18 PM
SENATOR CATHY GIESSEL, Alaska State Legislature, said SJR 22
"calls out the NSA [National Security Agency] and their bulk
telephone record program, which has been capturing our telephone
records, storing them, viewing them, and this calls out our
opposition to this program." She said SJR 22 has bipartisan
support in the Alaska Senate and across the country, and it
calls out the violation of the Fourth and Fifth Amendments by
this program. "We are simply urging the federal government to
truly abandon the program," she summarized.
1:21:22 PM
CHAIR KELLER noted that the version before the committee was
amended on the Senate floor and is labeled 1391\U.a.
JANE CONWAY, Staff to Senator Cathy Giessel, Alaska State
Legislature, said the Senate, on the floor, added the governor
to the list of recipients and the following language:
The Alaska State Legislature urges the governor to
prohibit the use of state personnel and resources to
assist the NSA in its collection of mass data on
Alaskans without specific search warrant.
1:22:29 PM
MS. CONWAY said the resolution is a reflection of growing
negative public sentiment toward the NSA's aggressive collection
of data. She said everyone is aware of "the whistleblower
situation and the uprising against the NSA's collections of
data." In December, 2013, Judge Leon said, "I cannot imagine a
more indiscriminate and arbitrary invasion than this systematic
and high-tech collection and retention of personal data on
virtually every citizen for purposes of querying and analyzing
it without prior judicial approval. Surely such a program
infringes on that degree of privacy that the founders enshrined
in the Fourth Amendment."
1:23:41 PM
MS. CONWAY said the NSA was founded in 1952, and it focused on
overseas surveillance but has morphed into something quite
different. She said the activities are in violation of the
Constitution and strip Alaskans and Americans of their liberty.
[SJR 22] urges the Foreign Intelligence Surveillance Court to
declassify past opinions and urges future opinions to be
released to the public, she stated. The resolution finds NSA's
activities to be a troubling example of federal overreach, she
added, and there is a packet with various articles. She said
she believes that the President made an announcement a few weeks
ago that he was going to propose a lot of changes, and those are
being deliberated in Congress right now.
1:24:53 PM
REPRESENTATIVE GRUENBERG noted a technical change on line 20,
page 4, which should say "and the Constitution of the State of
Alaska." Additionally, since these are activities of the NSA,
"I believe that is under the jurisdiction of the Senate
Intelligence Committee ... and if so, you might want to have
copies sent to the chair of that committee and the ranking
minority member." He suggested those as conceptual amendments.
1:26:47 PM
REPRESENTATIVE GRUENBERG offered Conceptual Amendment 1, as
follows:
Page 4, line 20, will read "the Constitution of the
State of Alaska.
Recipients of the resolution will include the chairs
and ranking members of the U.S. House and U.S. Senate
Intelligence Committees.
1:27:14 PM
CHAIR KELLER, hearing no objection, announced the adoption of
Conceptual Amendment 1.
REPRESENTATIVE LYNN moved to report SJR 22 am, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. Hearing no objections, HCS SJR
22(JUD) passed out of the House Judiciary Standing Committee.
The committee took an at-ease from 1:28 p.m. to 1:28 p.m.
1:28:41 PM
SB 171-MULTIDISCIPLINARY CHILD PROTECTION TEAMS
1:28:47 PM
CHAIR KELLER announced that the next order of business would be
HCS FOR SENATE BILL NO. 171(JUD), "An Act relating to
multidisciplinary child protection teams; and relating to
investigation of child abuse or neglect."
RYNNIEVA MOSS, Staff to Senator John Coghill, Alaska State
Legislature, said that at Senator Coghill's request, SB 171 was
returned to the House Judiciary Standing Committee because the
wording created a large fiscal note. She said, "We want to make
it clear that multi-disciplinary child protection teams (MDT)
can be formed but that the Department of Health and Social
Services (HSS) will still be the clearinghouse." She continued:
On page 1, line 8, we have added the words that these
different entities within subsection (a) with
expertise in child abuse or neglect, in participation
with the department, may facilitate the initial
establishment of a multi-disciplinary child protection
team.
MS. MOSS added that on Page 2, line 11, "may to the extent
feasible" is replaced with "shall", in order to make it clear
that, although it is now possible for multi-disciplinary teams
to be formed without participation of OCS [Office of Children
Services], that office will still be the clearinghouse.
1:30:16 PM
CHAIR KELLER noted that the committee is working off of the CS
that the committee had already passed.
The committee took an at-ease from 1:30 p.m. to 1:31 p.m.
The committee took an at-ease from 1:32 p.m. to 1:32 p.m.
REPRESENTATIVE GRUENBERG said he has a grammatical question
regarding lines 5-8: Does the language mean that the state,
municipal agencies, and tribes must be in partnership with the
department "or is it just the tribe?"
1:33:43 PM
MS. MOSS said the language means that any one of those entities
and the department may facilitate a MDT.
REPRESENTATIVE GRUENBERG recommended that the amendment be made
a conceptual amendment because the editors may have a better way
to phrase it with less confusion.
1:34:17 PM
CHAIR KELLER said he believes that is a friendly suggestion.
MS. MOSS said that Legislative Legal Services drafted it.
CHAIR KELLER suggested that Ms. Moss provide legal services with
Representative Gruenberg's concern.
1:34:42 PM
REPRESENTATIVE GRUENBERG moved Conceptual Amendment 1, labeled
28-LS1416\Y.1, Mischel, 4/7/14, as follows:
Page 1, line 8, following "neglect":
Insert ", in partnership with the department,"
Page 2, line ll:
Delete "may, to the extent feasible,"
Insert "shall"
CHAIR KELLER noted no objections, so Amendment 1 was adopted.
REPRESENTATIVE LEDOUX stated that she does not see how Amendment
1 gets rid of the fiscal note, if that is the intention.
1:36:16 PM
MS. MOSS explained that without the amendment, HCS SB 171(JUD)
reads that any one of these entities may start a MDT without
supervision from the Department of Health and Social Services.
She said OCS estimates an increase in 20 new social workers if
even half of these tribes started an MDT without supervision.
CHAIR KELLER noted that the amendment was adopted without
objection.
1:37:09 PM
REPRESENTATIVE LYNN moved to report HCS SB 171(JUD), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes.
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG stated that it sounds like what is
being done is having one agency, HSS, be the clearinghouse, "and
you're sort of saying it will simplify things to have one agency
do it, I gather, rather than a bunch...Am I right?"
MS. ROSS said yes.
CHAIR KELLER removed his objection, and HCS SB 171(2d JUD) moved
out of the House Judiciary Standing Committee.
1:38:45 PM
SB 187-CONFIDENTIAL INFORMATION: MISCONDUCT, RLS
1:39:01 PM
CHAIR KELLER announced that the next order of business would be
CS FOR SENATE BILL NO. 187(JUD)(title am), "An Act relating to
the crime of misconduct involving confidential information in
the first degree; amending Rule 16, Alaska Rules of Criminal
Procedure; amending Rule 8, Alaska Child in Need of Aid Rules;
and providing for an effective date."
The committee took an at-ease from 1:39 p.m. to 1:42 p.m.
1:42:26 PM
RYNNIEVA MOSS, Staff to Senator John Coghill, Alaska State
Legislature, said the conceptual amendment just reverses
statutes on page 4-5 to make it clearer. She said the amendment
inserts "limitation of disclosure of certain recorded images and
records that are also evidence under AS11.41.410-11.41.450."
And beginning on page 4, line 31, the following is deleted:
"there is also evidence for investigation under AS 11.41.410-
11.41.450." This was a recommendation from legal services to
clarify that everything in subsection (j) applied to the
criminal codes, she explained.
1:43:35 PM
MS. MOSS said Representative Gruenberg had brought up a good
point about using the word "physician." The intent was to give
access to medical records to physicians, but after conferring
with others, "physician" was replaced with "healthcare provider"
on page 5, line 28.
The committee took an at-ease from 1:44 p.m. to 1:45 p.m.
1:45:56 PM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 1, labeled 28-
LS1145\P.1, Strasbaugh, 4/9/14, as follows [original punctuation
provided]:
Page 5, line 28:
Delete "physician"
Insert "health care provider"
Page 5, line 28, following "child.":
Insert "In this subsection, "health care
provider" includes a physician, dentist, physician
assistant, nurse, nurse practitioner, psychologist,
counselor, marital and family therapist, village or
community health aide, community health worker, or
another person that provides health care treatment in
the course and scope of the person's employment."
CHAIR KELLER objected.
1:46:30 PM
REPRESENTATIVE GRUENBERG said that the term "includes" on line 6
is defined in Title 1 to mean "included but not limited."
MS. MOSS said she agreed with that definition.
CHAIR KELLER removed his objection. Hearing no further
objections, Amendment 1 was adopted.
1:47:13 PM
JAN RUTHERDALE, Chair, Children's Justice Act Task Force,
Department of Health and Social Services, said the function of
the Children's Justice Act Task Force is to make recommendations
that improve the response to child maltreatment, and last fall
the task force drafted legislation that led to SB 187. She said
the group is grateful to Senator Coghill for carrying it
through, and she told committee members that they have documents
from a "Lunch and Learn" presentation done by the taskforce in
February. She expressed a concern regarding pages 4 and 5 [of
SB 187] over whether the language only offers protections in
cases where there is also evidence for an investigation under a
criminal prosecution. She pointed out that sometimes a child
has been abused and there is an examination and photos taken,
but it ends up being a child-in-need-of-aid (CINA) case rather
than a criminal prosecution. The same danger could happen with
videos posted online, she said, and "I don't want that to be the
effect, where there's a whole class of victims that have the
potential of being re-victimized." She said she cannot think of
a sexual abuse investigation that would not initially involve
the police, so if the law is read in that way, "we are perfectly
happy with this, but I just don't want to leave out a class of
victims." Otherwise, she said, the task force supports the bill
and the changes.
1:50:38 PM
CHAIR KELLER suggested that the sponsor write a letter of
explanation [to address the above concern].
MS. MOSS said, "They were trying to word it so that everything
in that paragraph applied to CINA cases and to criminal cases."
There was concern that only the first sentence would apply to
CINA and not the other two sentences. "They wanted to be
inclusive," she added, and she offered to get an explanation
from Legislative Legal Services.
1:51:47 PM
CHAIR KELLER asked if that was the intent of the sponsor to make
sure that CINA cases are covered, and "you believe that that's
what legal services has done?"
MS. MOSS said yes.
REPRESENTATIVE GRUENBERG said he wants to be sure that it is
crystal clear so that no one has to come back to an obscure
House Judiciary hearing to sort it out.
1:52:43 PM
EMILY WRIGHT, Assistant Attorney General, Alaska Department of
Law (DOL), Child Protection Section, said current CINA statutes
have a huge amount of confidentiality language built in; there
are a lot of protections already. She said line 31 [of SB 187]
references AS 47.10.011, which lists all the reasons that a
child could be a child in need of aid. She continued:
If the committee would like to reference sexual abuse
and sexual abuse statutes for child-in-need-of-aid
cases, you could add a reference to the subsection
which specifically deals with sexual abuse and sexual
assault, which is [paragraph] (7), and then you would
also have the reference to the criminal case, if there
is a criminal case, and that way you could cover both
sexual assault-sexual abuse of a minor cases in a CINA
proceeding, as well as if there's a criminal
proceeding.
1:54:04 PM
CHAIR KELLER asked if there would be a danger of narrowing it to
the point that it increases the risk.
MS. WRIGHT said it would narrow it to sexual abuse and sexual
abuse of minor cases, but her understanding was that that was
the point of the bill, to deal with sexual abuse of minors. The
DOL position would be that there are ample protections under
CINA statutes in the rest of the realm, she stated.
CHAIR KELLER clarified that a conceptual amendment would just
add (7) on page 4, line 31, to read: AS 47.10.011(7).
1:55:11 PM
MS. WRIGHT pointed out that the next reference to the statute,
AS 47.14.300, is the multidisciplinary team, so "that clearly
references all of the CINA sexual abuse statutes."
MS. MOSS said, "We introduced this bill at the recommendation of
the Child Justice Task Force, and we've been working with the
Department of Law, with Jan Rutherdale, with the task force, and
with our legal department to try to get this right, and I
thought we had it right."
1:56:32 PM
REPRESENTATIVE GRUENBERG said he sees "two potential differences
in here," and he wants to be sure that the bill accomplishes
what everyone wants it to accomplish. He asked if the bill can
be put at the bottom of the calendar to "let these guys talk and
see if they want to make a suggestion, and then they can come
back in a few minutes, because I don't want you to be stuck with
the wrong thing."
CHAIR KELLER said that is a very good suggestion, and he will do
so. [SB 187 was set aside and taken up later in this hearing.]
1:57:42 PM
SB 108-CONFIDENTIALITY OF CRIMINAL CASE RECORDS
1:57:52 PM
CHAIR KELLER announced that the next order of business would be
the CS FOR SENATE BILL NO. 108(JUD), "An Act relating to the
confidentiality of certain records of criminal cases; and
providing for an effective date."
CHAIR KELLER explained that this legislation was passed by this
committee because it was included in HCS CSSB 64(JUD) [on April
9, 2014]. However, the House Finance Committee has requested
[the House Judiciary Standing Committee hear and forward CSSB
108(JUD)] in order that it has both CSSB 108(JUD) and HCS CSSB
64(JUD) before it. He then requested a motion to move CSSB
108(JUD).
1:58:31 PM
REPRESENTATIVE GRUENBERG inquired as to what version of SB 108
is before the committee.
CHAIR KELLER clarified that before the committee is
CSSB 108(JUD) [Version 28-LS0973\R].
The committee took an at-ease from 1:58 p.m. to 2:00 p.m.
2:00:40 PM
REPRESENTATIVE GRUENBERG related his understanding that the
committee actually rolled [CSSB 108(JUD)] into HCS CSSB 64(JUD)
with the adoption of [Amendment 17 labeled 28-LS0116\L.18,
Gardner, 4/1/14, at the meeting on April 4, 2014]. He then
surmised that the [next committee of referral for CSSB 108(JUD)]
is the House Finance Committee.
CHAIR KELLER concurred.
CHUCK KOPP, Staff, Senator Fred Dyson, Alaska State Legislature,
confirmed that Representative Gruenberg was correct.
REPRESENTATIVE LYNN moved to report CSSB 108(JUD) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSB 108(JUD) was
reported from the House Judiciary Standing Committee.
2:01:55 PM
The committee took an at-ease from 2:01 p.m. to 2:04 p.m.
HB 108-SURCHARGE ON FINES/ELEC. CITATION FUND
2:04:47 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 108, "An Act relating to electronic citations;
creating the electronic citation fund; and providing for an
effective date." He said the committee has looked at HB 108,
Version O, and now he would like a motion to put Version P in
front of the committee.
REPRESENTATIVE LYNN moved to adopt CSHB 108, labeled 28-
LS0383\P, Wayne, 2/17/14, as the working document.
2:05:16 PM
CHAIR KELLER objected. [Version P was treated as if it were
before the committee.]
REPRESENTATIVE PEGGY WILSON, Alaska State Legislature, noted
that the only difference between Version O and P in HB 108 is
the last line. "All we did was update the date," she said. She
said HB 108 would create a $10 surcharge for minor offenses
(tickets), which would go to create the E-Citation Fund. The
fund would help police, troopers, and courts move to the 21st
Century by using electronic devices to issue tickets instead of
using paper tickets, she stated. Currently, if a person
receives a ticket for running a stoplight it could take up to 12
days to go through the court process. She pointed out that a
hand-written ticket may be hard to read, and an e-ticket will
eliminate many errors. With HB 108, a person will be able to
pay or appeal a ticket almost instantly, she said. Larger
Alaska municipalities received grants from a federal e-citation
program, but the money is drying up and smaller communities
still need the equipment. The court system would love for all
municipalities to have the capability, she said, and the devices
add to the safety of peace officers by reducing the amount of
time an officer has to be on the side of a road. Being struck
by a vehicle during a traffic stop is the leading cause of death
for peace officers, she added.
2:08:02 PM
CHAIR KELLER asked why a surcharge is necessary if electronic
citations are more efficient.
2:08:30 PM
REPRESENTATIVE PEGGY WILSON said most communities with the
devices received a grant from the federal government, but money
for the grants has run out, and HB 108 will allow the rest of
the communities to get the devices.
REPRESENTATIVE LYNN said that there is as much potential for
error when inputting information into an electronic device as
when writing [paper tickets]. "Garbage in, garbage out."
REPRESENTATIVE PEGGY WILSON said the problem is that the ticket
has to go through many people to be copied, and many times rain
smudges the paper.
2:10:03 PM
ARTHUR MARTIN, Staff, to Representative Peggy Wilson, Alaska
State Legislature, said HB 108 will help the state move into the
21st Century by moving away from paper ticketing. He noted that
the legislature has slowly been moving into the use of IPads,
which are more efficient but have maintenance and training
costs. The fiscal note outlines what the fund will do, and he
recollected that members were worried about using the fund for
hidden cameras and radars, but this fund would be specifically
to move the police departments into this century.
2:11:37 PM
REPRESENTATIVE LEDOUX asked how a police officer would issue an
electronic citation to someone without a computer.
REPRESENTATIVE PEGGY WILSON said they will carry something and
"just mark it off." She said, "It's kind of like our IPads. We
can put information on it and that transfers over to somewhere
else." She explained that the person who is [being cited] does
not have to have the device.
REPRESENTATIVE LEDOUX asked if the person who is driving will
get anything.
REPRESENTATIVE PEGGY WILSON said that there is a copy that gets
torn off and handed to the offender.
2:13:04 PM
NANCY MEADE, General Counsel, Alaska Court System, clarified
that the court system would not be a recipient of any funds
under HB 108; the money all goes to the Department of Public
Safety (DPS), which has the discretion to distribute it to
itself or to municipalities for the equipment. However, the
court system is very involved in electronic citations, she
added, as about two thirds of minor offense citations statewide
are filed electronically. Most of the minor offenses come from
traffic, littering, alcohol, and fish and game violations, she
explained. Currently, minor offenses have a "police training"
surcharge by statute, which is an extra ten dollars. "It was
nice and neat and we could predict how much this would collect
because it would be whatever we paid last year for police
training surcharges," she said.
MS. MEADE said there were about 60,000 minor offenses filed with
the court last year, and about $204,000 is what the court
collected for the surcharge and the money goes to the state
general fund with a notation that it go to DPS. She added that
HB 108 is estimated to generate about $200,000 from the court.
The many tickets that are unpaid are sent to the Department of
Law Collections Unit. When that happens, a person's permanent
fund dividend (PFD) can be garnished. This makes for,
potentially, another $200,000, she said, but the DOL does not
have a 100 percent collection rate since these collections are
the lowest priority for garnishing PFDs. Additionally, certain
cities collect their own funds, and that would be another chunk
of money that would go to the E-Citation Fund, she added.
2:17:43 PM
REPRESENTATIVE PRUITT asked if HB 108 will add [the surcharge]
to citations placed under windshield wipers.
MS. MEADE said tickets and citations are the same. A minor
offense is anything punishable by a fine of under $500, but the
surcharge is not added when the fine is less than $30.
REPRESENTATIVE GRUENBERG surmised that the citation equipment
belongs to DPS, and he asked if the court system has any
experience with purchasing and using the equipment.
2:19:53 PM
MS. MEADE stated that two thirds of citations are issued with
these "Packet Writers" in Alaska, but the court has no
experience with purchasing the equipment.
REPRESENTATIVE GRUENBERG asked about the DPS experience "in
ramping up to use this new equipment." He said that he is
concerned about new equipment and that it be purchased with
competitive bidding.
LIEUTENANT RICK ROBERTS, Alaska State Troopers, said DPS has
been using this equipment for the last five years, and the
Alaska State Troopers use a system called TraCS to write
citations. He stated that 23 other police agencies in Alaska
also use TraCS, and the Fairbanks and Anchorage Police
Departments use other types of software. He said they all use a
computer mounted in the police cars and a scanner to import the
bar code data from a person's driver's license. The cars have a
printer for giving a citation to the offender, and then the
information is electronically sent to the Alaska Court System,
he explained. This equipment has been purchased by grant funds
over the past five years, and the surcharge will allow for
refreshing and updating the equipment.
2:22:26 PM
REPRESENTATIVE PRUITT asked if these items would be replaced
anyway, without the surcharge.
LIEUTENANT ROBERTS noted that "we have been standing this
equipment up over the last few years with federal grant money
that had been issued to the Alaska Highway Safety Office. We've
been, in turn, applying for grants for this equipment." He said
the Division of Motor Vehicles (DMV) has also applied for
equipment grants, and DPS has purchased equipment for police
agencies using this grant money from DMV and other sources. In
the future, as federal grant funding becomes less available or
nonexistent, DPS is looking for ways to identify funding to
replace this, not only for the State Troopers but for smaller
agencies that might not have the resources to replace the
equipment, he stated. He added that the equipment is also used
for electronic crash reports, and if this surcharge is not made
available, DPS will probably ask for capital funds or other
funds to try and refresh this equipment.
2:24:42 PM
CHAIR KELLER closed public testimony.
REPRESENTATIVE LYNN moved to report CSHB 108, labeled 28-
LS0383\P, out of committee with individual recommendations and
the accompanying fiscal notes. Hearing no objection, CSHB
108(JUD) passed out of committee.
SB 187-CONFIDENTIAL INFORMATION: MISCONDUCT, RLS
2:25:12 PM
CHAIR KELLER announced that the next order of business would be
the CS FOR SENATE BILL NO. 187(JUD)(title am), "An Act relating
to the crime of misconduct involving confidential information in
the first degree; amending Rule 16, Alaska Rules of Criminal
Procedure; amending Rule 8, Alaska Child in Need of Aid Rules;
and providing for an effective date."
[The bill was heard earlier in this hearing.]
The committee took an at-ease from 2:26 p.m. to 2:31 p.m.
2:31:24 PM
RYNNIEVA MOSS, Staff to Senator John Coghill, Alaska State
Legislature, said she met with others and is happy with the bill
as it is. Quinlan [Steiner of Public Defender Agency] was the
person who recommended the amendment that the committee passed
last time, which, she said:
added to line 30, on page 4, the language that
limitations on disclosure of certain recordings,
images, and records that are also evidence for an
investigation under AS 11.41.410 through 11.41.450.
MS. MOSS said that Rule 8 is a rule of CINA [Child in Need of
Aid], which already is very confidential, as the committee knows
through the years of passing legislation tightening up
confidentiality, "but this adds some subsections to Rule 8 that
relate to criminal investigations." So, she said, Jan
Rutherdale, Children's Justice Act Task Force, and Emily Wright,
Assistant Attorney General, have looked at the bill and agree
with the language. Ms. Wright had previously mentioned adding
[paragraph] (7) but was not saying that it needed to be added,
because that would narrow the statute. "So we like it the way
it is," she concluded.
2:32:17 PM
REPRESENTATIVE GRUENBERG said that Ms. Moss has referred to
language that is not in his version of the bill.
MS. MOSS said, "That is the amendment. I'm reading it as you
amended it at the last meeting."
CHAIR KELLER said Amendment 1, labeled P.1, has been adopted,
and that is what is being referenced.
2:33:25 PM
MS. MOSS said she is reading that section as it was amended with
the conceptual amendment at the last meeting.
REPRESENTATIVE GRUENBERG said, "This is Conceptual Amendment 1
by Lynn, adopted without objection. That's what you're
referring to, because they didn't reprint Version P." He said
he understands.
2:34:13 PM
CHAIR KELLER closed public testimony.
REPRESENTATIVE LYNN moved to report CSSB 187(JUD), labeled 28-
LS1145\P, as amended, out of committee with individual
recommendations and the updated fiscal notes. Hearing no
objections, HCS CSSB 187(JUD) passed out of committee.
2:35:01 PM
The committee took an at-ease from 2:35 p.m. to 2:36 p.m.
SB 173-SYNTHETIC DRUGS
2:37:11 PM
CHAIR KELLER announced that the next order of business would be
the CS FOR SENATE BILL NO. 173(JUD), "An Act relating to a
prohibition on the possession, offer, display, marketing,
advertising for sale, or sale of illicit synthetic drugs."
REPRESENTATIVE LYNN moved to adopt CSSB 173(JUD) as the working
document.
2:37:30 PM
EDRA MORLEDGE, Staff, to Senator Kevin Meyer, Alaska State
Legislature, noted that SB 173 was a companion bill to
Representative Millet's HB 362, which was heard on March 26,
2014. The bills are identical, and she conferred with the legal
department in order to address the questions that were raised at
that hearing. She pointed out a memo from the bill drafter,
Kathleen Strasbaugh.
CHAIR KELLER listed the witnesses who were available. He asked
Ms. Strasbaugh to explain the new version of SB 173.
MS. MORLEDGE said there has only been one version before the
committee, and that was HB 362, which is identical to SB 173,
which is now before the committee.
2:40:25 PM
CHAIR KELLER said he was satisfied with the legislation at that
time.
REPRESENTATIVE GRUENBERG asked if the memo Ms. Morledge referred
to is dated February 10, 2014.
MS. MORLEDGE said there is a more recent version.
2:41:17 PM
The committee took an at-ease from 2:41 p.m. to 2:46 p.m.
2:46:23 PM
REPRESENTATIVE GRUENBERG, [referring to the March 28, 2014, memo
from Kathleen Strasbaugh to Senator Meyer containing nine
questions with answers/recommendations regarding SB 173], said
he would be interested in knowing the sponsor's views "as we
take up each one, because there are some that Kathleen
specifically recommends we adopt, and some that she doesn't seem
to recommend, and I don't know if there's anything that falls
in-between."
REPRESENTATIVE PRUITT said, "There are three of these
[question/answers in Ms. Strasbaugh's memo] that caught my eye."
With regard to number 6, he asked if the bill contains a
loophole.
2:48:16 PM
KATHLEEN STRASBAUGH, Attorney, Legislative Legal and
Research Services, Legislative Affairs Agency, said she
would not call it a loophole. The law is designed to
address a particular type of product and transaction, which
is characterized by the lack of disclosure of the contents
and misleading packaging. It does not address the chemical
composition of the substance, she explained. If a purveyor
of one of these products did correctly label it, it would
not be in violation of this law, but a few other things
might occur. If there is no disclosure, the product cannot
be imported, she stated. Additionally, the product may not
be found safe for human consumption, so the disclosure of
the contents may make the product run afoul of federal
regulations. Misrepresentation, with or without disclosure
of contents, is something that the FDA (Food and Drug
Administration) enforces, but it tends to go after larger
purveyors, she said. The basis of the statute is directed
toward mislabeling, she added.
2:50:28 PM
REPRESENTATIVE PRUITT related that he is not very familiar
with the FDA, which he finds to be confusing. He spoke of
misleading claims on supplement packaging, which may state
that a product was not reviewed by the FDA, so he asked if
the maker of the [synthetic drugs] could do the same.
MS. STRASBAUGH said the FDA will go after a supplement
product if its claims are inaccurate, but not necessarily
every supplement. The FDA website has a list of
enforcement items addressing supplements, she added.
"There are some circumstances under which misleading claims
can be prosecuted under federal law," she said.
2:53:14 PM
REPRESENTATIVE LEDOUX said if something is packaged with a
list of all of the ingredients with a notice that the
product is not safe for human consumption, will that be a
violation of anything?
MS. STRASBAUGH answered that an accurate portrayal of the
product and the terms of effect might well not be pursuable
under this law. In order to be in violation of SB 173, it
would have to violate the misrepresentation provisions.
2:55:19 PM
CYNTHIA FRANKLIN, Prosecutor, Municipality of Anchorage,
said Anchorage passed an ordinance similar to SB 173 in
January, 2014, and there has been some enforcement. The
ordinance addresses the packaging, which is designed to
address the lack of laws, so the idea of manufacturers just
listing all ingredients is not realistic, she stated. The
purveyors of these products are drug dealers, she
explained, and that is why the packages do not contain the
contents. The dealers often do not know what the chemicals
are. She said this is not a legitimate consumer product-it
is drug dealers packaging up drugs and selling them as IPod
cleaners, potpourri, and aromatic substances, for example.
She understands why the committee is trying to imagine what
could come about and how the drug dealers might respond,
but it is difficult for her to imagine the dealers saying
"let's just list all of these substances that we're coming
up with to create these crazy synthetic drugs" to get
around this law. She explained that the law is to address
the retailing of the product in Alaska's communities,
because the retailers have insisted that because they
cannot keep up with the chemical combinations that the drug
dealers are coming up with, that the products are therefore
legal and they can sell them over the counter.
2:58:11 PM
MS. FRANKLIN said the response of the Anchorage ordinance
has been retailers taking the products off of the shelves.
Whether or not the retailer would accept a product that
looked, in every way, like these illegal substances except
that they have the ingredients listed out, would be a two-
fold question: Would the retailer sell it, and, if officers
seized it, would it be prosecuted? It can be a sliding
scale, she stated. If the label says it is potpourri and
is not for human consumption, and the ingredients are
listed, "would I, as the prosecutor, be able to prosecute
that case successfully?" She said it would likely depend
on the other things on the package that are encompassed by
the statute. As a career prosecutor, she does not see that
happening, because [it is a false] assumption that these
are legitimate products with a person on the other end who
is trying to sell a legitimate product. These are drugs
coming into our communities, she said, and the reason they
are not properly labeled is because they are labeled and
sold by drug dealers who do not even know what is in them.
2:59:33 PM
REPRESENTATIVE LEDOUX asked if the state or municipality
can prosecute on a product listed with a half million
different things that says it is not safe for human
consumption. "Does the municipal prosecutor take these
things and test them out to make sure that everything that
they say is listed is listed and that there isn't anything
else in them?" The items may now be off the shelves, but
just like the drug dealers have figured out that they need
to change the ingredients in order to circumvent the law,
"why wouldn't they figure out that they need to change the
packaging in order to circumvent the law?"
3:00:38 PM
MS. FRANKLIN said she thinks the officers would look at a
package and make a determination, and they might seize the
package and not issue a citation until prosecutors looked
at it. She said if the item met the ordinance guidelines,
the prosecutor would file a citation. The municipality is
not testing the substances; the idea is to address them
without requiring the traditional forensic analysis that
the manufacturers have kept ahead of, she explained. She
said to keep in mind that that these products are shipped
nationally, and listing the ingredients will make it
difficult to stay ahead of all state and federal laws. She
said that listing the actual ingredients on the product is
not the response she foresees to this legislation.
3:04:31 PM
REPRESENTATIVE GRUENBERG said he would like to hear from
someone on the defense bar, because there are a number of
very significant legal issues. Prosecutors are charged
with enforcing the laws and making sure that anything they
draft can survive challenges. He said he wants someone to
go through SB 173 to highlight the problems and the
challenges, "so we can deal realistically with whether this
bill is going to be enforced."
CHAIR KELLER said he will get someone.
REPRESENTATIVE LEDOUX said she suspects this bill might
survive a constitutional challenge-or there will be no
challenges-because it has a civil penalty, where providing
a public defender is not required and there is no right to
a trial by jury.
3:06:40 PM
REPRESENTATIVE GRUENBERG said whether SB 173 survives a
challenge is not the question. It will ultimately be a
business decision by the government on whether it is worth
prosecuting somebody for a little bottle, he stated. He
noted page 3, line 8, regarding compliance with state or
federal law, and asked if the product were manufactured in
Idaho but sent to Alaska to be sold, would it be the law of
Idaho that sets the standard, the law of Alaska, or a
violation of interstate commerce?
3:08:15 PM
MS. MORLEDGE said the sponsor's intent is that the activity
would fall under Alaska law.
REPRESENTATIVE GRUENBERG said someone should testify on the
issue of interstate commerce under federal law.
CHAIR KELLER said Mr. Steiner is on the phone.
REPRESENTATIVE GRUENBERG asked if there are any practical
or constitutional issues with SB 173.
3:10:38 PM
QUINLAN STEINER, Public Defender, Public Defender Agency, Alaska
Department of Administration, noted that he worked on SB 173
when it had a criminal penalty, and he had concerns at that
time. The bill sponsor clarified that the penalty is now a
violation, so his concerns were satisfied and he did not
see any problems. "It wouldn't implicate the public
defender at all," but it is broadly written and that would
have caused him concern when attaching a criminal penalty,
but as a civil penalty it is not as dramatic, he explained.
REPRESENTATIVE GRUENBERG asked Mr. Steiner to look at SB
173 as a lawyer defending a person from civil penalties.
He asked if there things that may cause points of
litigation or problems.
MS. STEINER said he is reluctant to answer that. He does
not get involved with civil matters, and although it is
structured like a criminal penalty, SB 173 involves
commerce, and he is not comfortable assessing its impacts.
"These types of restrictions on food items and other things
you might eat or ingest is not something I'm familiar
with," he declared.
3:12:54 PM
REPRESENTATIVE PRUITT asked about the sixth point in Ms.
Strasbaugh's memo. Part of the problem [with these
products] is that the content can be changed, and now the
name can be changed, he said. He asked if this is the
"best thing that we have going forward to try to address
the issue where we're not having to try and come back every
year and fill in loopholes or oversights or changes that
these intelligent drug dealers or manufacturers are
making?" He asked if something needs to be added.
3:14:45 PM
MS. FRANKLIN said she sees this strategy as a tool to
address a huge problem in Anchorage, which is the over-the-
counter sale of such products and their representation as
being safe. The products are primarily marketed to young
people who believe that when they buy a product in a store,
it must be safe. She said a person can just walk into a
store and buy it, and the Anchorage ordinance was
specifically written to address the concept that there are
things sold in stores that are unregulated and, in this
case, extremely unsafe. She told the committee that she
has been prosecuting since 1989 and has lived through
various designer drug waves, and her belief is that this
type of legislation addressing the sale of these products
makes the problem go away.
3:16:30 PM
MS. FRANKLIN noted that that has happened in a short amount
time in Anchorage, because stores do not want to sell
illegal products, so once the Anchorage Assembly made the
ordinance, the stores did not want any part of [the trade].
Decreasing availability does address the problem. She
noted that the products can still be sold on the Internet,
and that is why the Anchorage ordinance contains the
possession element to allow officers to ticket individuals,
which will turn a person's $35 high into a $535 high.
3:17:07 PM
MS. FRANKLIN said, "We think of it as a tool; not the end-
all be-all." She explained that the names of the products
were included in the ordinance to make it easy for officers
if they encounter that particular package. She said she
realizes that it will be a challenge keeping up with
product names, but the assembly can update the city code
more easily than legislators can update state law. The
city anticipates that it will update the list of product
names, but it will be a challenge on the statewide level,
she stated. She noted that the packages she has seen are
homemade with misspelled words; they are manufactured in
someone's basement. The Anchorage Assembly specifically
designed the ordinance to negate the idea that something is
safe if it can be purchased over the counter. She said
that the minute that the retailers were convinced that the
community condemned the sale of these products, they took
them off the shelves.
3:19:27 PM
REPRESENTATIVE PRUITT said since the legislature meets only
once a year, he wants to be sure SB 173 is right. He said
he would like to address the aspect of listing the names
[of the products] and if there is nothing to stop [dealers]
from changing names. What wording would cover a product
with a different name so the legislature would not have to
wait a year to [add a name to the list]?
3:20:26 PM
MS. FRANKLIN said Anchorage Assembly members named the
names they were aware of, and those names came from
undercover purchases, confiscations from individuals in the
drunk tank, and other sources. So they knew such products
had a high likelihood of being [sold] in Alaska, but the
rest of language is designed to address products without
requiring a specific name, she explained. It is a two-fold
approach: listing the known products and giving officers
the tools to identify the products with different names.
3:21:39 PM
REPRESENTATIVE PRUITT asked what the penalty is in
Anchorage.
MS. FRANKLIN said it is a $500 fine per packet.
REPRESENTATIVE PRUITT said question 3 [in Ms. Strasbaugh's
memo] indicates that it is not necessary to clarify that
the $500 penalty is for each package. It might be
appropriate to clarify that, he opined. Additionally, he
said, before the committee is an article from the Alaska
Dispatch with a 2013 photo of WTF brand synthetic
marijuana, and that brand is not on the list in SB 173.
3:23:40 PM
CHAIR KELLER said the committee will take that up for
consideration.
REPRESENTATIVE LEDOUX suggested leaving this law up to
municipalities since they can update the list more easily.
CHAIR KELLER said that is a new question. He wants to
clarify the nine questions before the committee.
REPRESENTATIVE GRUENBERG said he was going in that
direction, and he has questions on the fiscal note.
3:25:01 PM
The committee took an at-ease from 3:25 p.m. to 3:26 p.m.
CHAIR KELLER noted that it is late in the day, and he will
set SB 173 aside and bring it up on Monday.
REPRESENTATIVE GRUENBERG said it will take time for him to
digest this bill, and he asked the sponsor's staff to talk
with committee members in their offices. He said there
could be a lot of money spent without much return, since
the municipalities are doing this anyway.
[SB 173 was held over.]
3:27:06 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:27 P.M.