Legislature(2015 - 2016)SENATE FINANCE 532

03/09/2015 01:30 PM Senate FINANCE



Audio Topic
01:27:37 PM Start
01:35:10 PM SB30
02:30:49 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 30 Presentation: Overview FY17 Operating Budget TELECONFERENCED
Departments: Environmental Conservation and
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                       March 9, 2015                                                                                            
                         1:27 p.m.                                                                                              
                                                                                                                                
1:27:37 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair MacKinnon called the Senate Finance Committee                                                                          
meeting to order at 1:27 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Peter Micciche, Vice-Chair                                                                                              
Senator Click Bishop                                                                                                            
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donny Olson                                                                                                             
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Erin  Shine,  Staff,  Senator Anna  MacKinnon;  Chuck  Kopp,                                                                    
Staff,  Senator  Peter  Micciche;  Jordan  Shilling,  Staff,                                                                    
Senator John  Coghill; Kaci Schroeder, Special  Assistant to                                                                    
the Commissioner, Department of Law.                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 30     MARIJUANA REG; CONT. SUBST; CRIMES; DEFENSES                                                                          
                                                                                                                                
          SB 30 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SENATE BILL NO. 30                                                                                                            
                                                                                                                                
     "An Act relating to  controlled substances; relating to                                                                    
     marijuana;  relating  to  driving motor  vehicles  when                                                                    
     there  is an  open marijuana  container; and  providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
1:35:10 PM                                                                                                                    
                                                                                                                                
Senator  Bishop  MOVED  to   ADOPT  the  proposed  committee                                                                    
substitute  for  SB  30,  Work  Draft  29-LS0231/X  (Martin,                                                                    
3/9/15).                                                                                                                        
                                                                                                                                
Co-Chair MacKinnon OBJECTED for discussion.                                                                                     
                                                                                                                                
ERIN SHINE,  STAFF, SENATOR ANNA MACKINNON,  offered a high-                                                                    
level overview  of CSSB  30. She stated  that the  CS listed                                                                    
marijuana  as  a controlled  substance  and  created a  non-                                                                    
applicability  section  for individuals  and  establishments                                                                    
associated  with crimes  involving marijuana.  She explained                                                                    
that   the  non-applicability   language  made   the  crimes                                                                    
inapplicable  to   a  person  lawfully  acting   within  the                                                                    
initiative guidelines  [a 2014 voter initiative  to legalize                                                                    
marijuana]  for  personal  use  as  well  as  for  marijuana                                                                    
establishments acting within the  terms of registration. She                                                                    
furthered that the  misconduct involving marijuana penalties                                                                    
that were in  the Senate Judiciary Committee  version of the                                                                    
bill  were  adapted to  crimes  relating  to a  Schedule  6A                                                                    
substance in  the current statutes pertaining  to misconduct                                                                    
involving a controlled substance.                                                                                               
                                                                                                                                
Co-Chair MacKinnon  asked if non-applicability  language was                                                                    
used elsewhere in  state statutes. Ms. Shine  replied in the                                                                    
affirmative,  and referenced  an informational  memo on  the                                                                    
subject from  Doug Gardner, Director, Division  of Legal and                                                                    
Research  Services,  Legislative  Affairs  Agency  (copy  on                                                                    
file).  She  noted that  specifically  in  Title 11  of  the                                                                    
Alaska  Statutes  there  were  instances  in  which  a  non-                                                                    
applicability section had been applied.                                                                                         
                                                                                                                                
1:37:40 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon thanked staff for  their work on the bill                                                                    
over the  previous weekend, and offered  a recently-authored                                                                    
draft sectional analysis (copy on  file). She furthered that                                                                    
she would be "holding  the document for incorporation" until                                                                    
the following  day to ensure  that the  committee understood                                                                    
the concepts  being introduced  as well  as the  approach to                                                                    
implementing the voter's will.                                                                                                  
                                                                                                                                
CHUCK  KOPP, STAFF,  SENATOR PETER  MICCICHE, presented  the                                                                    
draft sectional  analysis and noted  that there  were errors                                                                    
that would be corrected in the following day or two.                                                                            
                                                                                                                                
     Section 1 - CONFORMING                                                                                                     
     Page 1                                                                                                                     
     AS 11.41.110(a). Murder in the second degree.                                                                              
     Deletes reference to marijuana misconduct that has                                                                         
     been repealed and provides stylistic drafting changes.                                                                     
                                                                                                                                
Mr.  Kopp commented  that Section  1 repealed  language that                                                                    
referred to one  or more ounces of marijuana  because it was                                                                    
addressed  later on  in the  misconduct involving  marijuana                                                                    
sections of the bill.                                                                                                           
                                                                                                                                
     Section 2 - CONFORMING                                                                                                     
     Page 2                                                                                                                     
     AS 11.41.150 (a). Murder of an unborn child.                                                                               
     Deletes reference to marijuana misconduct that has                                                                         
     been repealed.                                                                                                             
                                                                                                                                
Mr. Kopp related that like  Section 1, Section 2 referred to                                                                    
previous Schedule 6A language pertaining to marijuana.                                                                          
                                                                                                                                
     Section 3 - CONFORMING                                                                                                     
     Page 3                                                                                                                     
     AS 11.71.030(a). Misconduct involving a controlled                                                                         
     substance in the third degree.                                                                                             
     Deletes   reference   to    Schedule   VIA   controlled                                                                    
     substances.                                                                                                                
                                                                                                                                
     Section 4 - SUBSTANTIVE                                                                                                    
     Pages 3 - 6                                                                                                                
     AS 11.71.040(a). Misconduct involving a controlled                                                                         
     substance in the fourth degree. A person commits the                                                                       
     crime of MICS 4, which is a class C felony, if they:                                                                       
         -Possess 16 or more ounces of marijuana.                                                                               
          -Possess 25 or more plants.                                                                                           
          -Furnish marijuana, twice within five years, to a                                                                     
          person under 21 years of age.                                                                                         
                                                                                                                                
Mr.  Kopp   explained  that   Section  4   involved  current                                                                    
statutory  language  of  misconduct involving  a  controlled                                                                    
substance  in  the  fourth  degree.  He  professed  that  in                                                                    
Section 4 the  sponsors had (with the establishment  of a 16                                                                    
ounce  possession limit)  "declared  a bright  line of  what                                                                    
possession  conduct of  marijuana  under any  circumstances"                                                                    
was a  felony. He discussed possession  quantities and noted                                                                    
that under  the ballot initiative, with  the permitted three                                                                    
mature marijuana plants  it would be possible to  have 12 to                                                                    
14 ounces legally  at home. He discussed the  need to demark                                                                    
a limit at which an individual  in possession would be a "de                                                                    
facto"  distributor  of  marijuana.   He  relayed  that  the                                                                    
sponsors had  examined the quantity that  could legitimately                                                                    
be produced  in the  home under the  initiative in  order to                                                                    
arrive at a greater amount  that would indicate an intent to                                                                    
distribute and thereby constitute a felony.                                                                                     
                                                                                                                                
1:40:43 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  interjected, qualifying that  the amount                                                                    
of 16 ounces was a  "policy consideration" for the committee                                                                    
and was a number that  had been chosen, yet "not necessarily                                                                    
the right number."                                                                                                              
                                                                                                                                
     Section 5 - NON-APPLICABILITY                                                                                              
     Page 6                                                                                                                     
     AS   11.71.040.  Misconduct   involving  a   controlled                                                                    
     substance in the fourth degree.                                                                                            
     Certain provisions  of MICS 4  are not applicable  to a                                                                    
     person   who  is   lawfully  possessing   marijuana  in                                                                    
     accordance  with AS  17.38.020. Similarly,  a marijuana                                                                    
     establishment  registered   under  AS  17.38,   or  its                                                                    
     employees, if acting in compliance with AS 17.38.                                                                          
                                                                                                                                
JORDAN  SHILLING, STAFF,  SENATOR JOHN  COGHILL, noted  that                                                                    
there  was an  additional  felony conduct  provision in  the                                                                    
bill with the possession of 25 or more marijuana plants.                                                                        
                                                                                                                                
     Section 6 - SUBSTANTIVE                                                                                                    
     Page 6                                                                                                                     
     AS  11.71.050(a).  Misconduct  involving  a  controlled                                                                    
     substance in the fifth degree.                                                                                             
     A person commits the crime of  MICS 5, which is a class                                                                    
     A misdemeanor, if they:                                                                                                    
          -Transport or deliver more than one ounce of                                                                          
          marijuana or more than six marijuana plants.                                                                          
          -Possess 3 to <16 ounces of marijuana or 12-24                                                                        
          plants.                                                                                                               
          -Deliver any amount of marijuana to a person                                                                          
          under 21 years.                                                                                                       
          -Deliver or transport an ounce or less of                                                                             
          marijuana or six plants or less for remuneration.                                                                     
          -Manufacture a marijuana concentrate using a                                                                          
          volatile or explosive gas.                                                                                            
                                                                                                                                
Mr. Kopp clarified that possession  of 25 or more plants was                                                                    
previously considered a felony by  law and would continue to                                                                    
be so.                                                                                                                          
                                                                                                                                
Mr. Kopp made a correction  to the draft sectional analysis:                                                                    
he clarified that possession of  12 to 25 plants constituted                                                                    
a  Class  A misdemeanor.  A  Class  C felony  would  involve                                                                    
possession of 25 plants or more.                                                                                                
                                                                                                                                
     Section 7 - NON-APPLICABILITY                                                                                              
     Page 7                                                                                                                     
     AS    11.71.050.   Misconduct    involving   controlled                                                                    
     substance in the fifth degree.                                                                                             
     Certain provisions  of MICS 5  are not applicable  to a                                                                    
     person  who is  lawfully possessing,  manufacturing, or                                                                    
     delivering marijuana  in accordance with  AS 17.38.020.                                                                    
     Similarly, a  marijuana establishment  registered under                                                                    
     AS  17.38, or  its employees,  if acting  in compliance                                                                    
     with AS 17.38.  An exemption is made for  a person over                                                                    
     21 years  of age  delivering marijuana to  the person's                                                                    
     child or  spouse who is  over 18  years of age  and the                                                                    
     delivery occurs in the person's residence.                                                                                 
                                                                                                                                
1:44:47 PM                                                                                                                    
                                                                                                                                
Senator Dunleavy  asked about the limit  on plant possession                                                                    
and wondered if the size of  the plants had any bearing. Mr.                                                                    
Kopp  stated  that  only  the number  of  plants  was  being                                                                    
addressed, regardless of their size.                                                                                            
                                                                                                                                
Co-Chair  MacKinnon  asked  if the  recommendation  for  the                                                                    
number of plants  was based on the intent  of the initiative                                                                    
with  regard to  allowable  use. Mr.  Kopp  stated that  the                                                                    
initiative  allowed  for  possession of  six  plants  total,                                                                    
three  of  which  could  be   mature  flowering  plants.  He                                                                    
expanded  that  the initiative  had  a  tiered structure  of                                                                    
violation  with   regard  to  possession  (ranging   from  a                                                                    
violation  to  misdemeanors   and  felony);  the  possession                                                                    
limits  with usable  weight of  marijuana are  explicated in                                                                    
the bill.                                                                                                                       
                                                                                                                                
Co-Chair MacKinnon  asked if  the language  in the  bill was                                                                    
based on  the conversation the Senate  Finance Committee had                                                                    
concerning  the "disconnect"  that the  initiative had  with                                                                    
state statute regarding activities such  as using a minor to                                                                    
sell marijuana.  She suggested that the  initiative "did not                                                                    
properly  deter" such  crimes.  Mr. Kopp  affirmed that  the                                                                    
language  before  the  committee  was indeed  based  on  the                                                                    
discussion, as well as a  desire to show increased penalties                                                                    
that were outside of what the initiative would provide.                                                                         
                                                                                                                                
     Section 8 - SUBSTANTIVE                                                                                                    
     Page 8                                                                                                                     
     AS 11.71.060(a).                                                                                                           
     Misconduct  involving  a  controlled substance  in  the                                                                    
     sixth degree.                                                                                                              
     A person commits the crime of  MICS 6, which is a class                                                                    
     B misdemeanor, if they:                                                                                                    
          -Possess 2 - < 3 ounces of marijuana.                                                                                 
          -Possess 7-11 plants.                                                                                                 
          -Possess, display, deliver, or transport more                                                                         
          than one ounce in a public place.                                                                                     
                                                                                                                                
1:47:34 PM                                                                                                                    
                                                                                                                                
Senator  Bishop   asked  if  Mr.  Kopp   would  discuss  the                                                                    
misconduct  involving a  controlled substance  in the  sixth                                                                    
degree mentioned in Section 8.  Senator Bishop pointed out a                                                                    
discrepancy in  the language. Mr. Kopp  explained that there                                                                    
was an error  in the sectional analysis, and  that an edited                                                                    
version would be forthcoming.                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon asked  that  the  committee destroy  the                                                                    
draft   sectional  analysis   so   that   errors  were   not                                                                    
disseminated to  misrepresent what  was being  considered in                                                                    
the   bill.  She   furthered  that   staff  had   identified                                                                    
inconsistencies  with  regard   to  felony  and  misdemeanor                                                                    
charges,  and  although  the  sectional  analysis  contained                                                                    
errors, it was  the best place to start  the discussion. She                                                                    
stated  that the  committee planned  to soon  hold a  public                                                                    
hearing and therefore wanted to  get the new information out                                                                    
to the public as soon as  possible. She related that she had                                                                    
been working  with Senator Lesil McGuire's  office [bill co-                                                                    
sponsor], in an  attempt to ensure all of  her concerns were                                                                    
addressed.                                                                                                                      
                                                                                                                                
     Section 9 - NON-APPLICABILITY                                                                                              
     Page 8                                                                                                                     
     AS   11.71.060.  Misconduct   involving  a   controlled                                                                    
     substance in the sixth degree.                                                                                             
     Provisions of  MICS 6  are not  applicable to  a person                                                                    
     who  is  lawfully  possessing marijuana  in  accordance                                                                    
     with    AS    17.38.020.   Similarly,    a    marijuana                                                                    
     establishment  registered   under  AS  17.38,   or  its                                                                    
     employees, if acting in compliance with AS 17.38.                                                                          
                                                                                                                                
     Section 10 - SUBSTANTIVE                                                                                                   
     Page 9                                                                                                                     
     AS   11.71.071.  Misconduct   involving  a   controlled                                                                    
     substance in the seventh degree.                                                                                           
     A  person commits  the offense  of MICS  7, which  is a                                                                    
     violation, if they:                                                                                                        
          -Possess 1                                                                                                            
          - < 2 ounces of marijuana.                                                                                            
          -Consume marijuana in a public place.                                                                                 
          -Grow  marijuana  in  public view  or  on  someone                                                                    
          else's property without their consent.                                                                                
         -Use marijuana while operating a vehicle.                                                                              
          -As  a  minor, possess  less  than  two ounces  of                                                                    
          marijuana or consume any amount of marijuana.                                                                         
          -Non-applicability: Certain  provisions of  MICS 7                                                                    
          are  not applicable  to a  person who  is lawfully                                                                    
          possessing   marijuana  in   accordance  with   AS                                                                    
          17.38.020.  Similarly,  a marijuana  establishment                                                                    
          registered under  AS 17.38,  or its  employees, if                                                                    
          acting in compliance with AS 17.38.                                                                                   
                                                                                                                                
1:49:39 PM                                                                                                                    
                                                                                                                                
Mr.  Kopp  presented Section  10,  which  was a  substantive                                                                    
amendment  dealing  with  the newest  and  lowest  class  of                                                                    
misconduct involving  a controlled substance,  misconduct in                                                                    
the seventh degree.                                                                                                             
                                                                                                                                
Mr.  Shilling  explained  that  misconduct  in  the  seventh                                                                    
degree was a violation rather  than a misdemeanor or felony,                                                                    
and it carried  an accompanied $100 or  $300 fine, depending                                                                    
upon the offense.                                                                                                               
                                                                                                                                
     Section 11 - CONFORMING                                                                                                    
     Page 10                                                                                                                    
     AS 11.71.090(a).  Affirmative defense to  a prosecution                                                                    
     under MICS 3 - MICS 7; medical use of marijuana.                                                                           
     Expands the  affirmative defense for  medical marijuana                                                                    
     patients  to  include  the  new  degree  of  misconduct                                                                    
     involving controlled  substance established  in Section                                                                    
     10.                                                                                                                        
                                                                                                                                
     Section 12 - SUBSTANTIVE                                                                                                   
     Page 11                                                                                                                    
     AS 11.71.190(b). Schedule VIA.                                                                                             
     Places  hashish   and  hash  oil  into   Schedule  VIA,                                                                    
     alongside marijuana.                                                                                                       
                                                                                                                                
     Section 13 - CONFORMING                                                                                                    
     Page 11                                                                                                                    
     AS   11.71.311(a).  Restriction   on  prosecution   for                                                                    
    certain persons in connection with a drug overdose.                                                                         
     A  person  may  not  be  prosecuted  for  certain  MICS                                                                    
     offenses   if  the   person   seeks   medical  or   law                                                                    
     enforcement assistance for  another person they believe                                                                    
     is experiencing  a drug overdose  and the  evidence was                                                                    
     obtained as a result of the person seeking assistance.                                                                     
                                                                                                                                
     Section 14 - CONFORMING                                                                                                    
     Page 12                                                                                                                    
     AS 11.71.900. Definitions.                                                                                                 
     Repeals   the   existing   Title   11   definition   of                                                                    
     "marijuana"  as it  applied to  the  MICS statutes  and                                                                    
     replaces   it  with   a  definition   similar  to   the                                                                    
     definition found in the initiative.                                                                                        
                                                                                                                                
1:52:25 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  announced that  the committee  would not                                                                    
adopt the  work draft for consideration  until the following                                                                    
day in order  to give the public time to  "weigh in," and so                                                                    
that members would have a chance  to look at it further. She                                                                    
directed the  committee's attention  to page  12, line  6 of                                                                    
the work draft, to the  comma directly after the word "oil."                                                                    
She  related that  the committee  had a  previous discussion                                                                    
about the comma in the  language of the initiative, and that                                                                    
the same  language was in  the process of litigation  in the                                                                    
state  of  Colorado. She  furthered  that  it was  a  policy                                                                    
decision  to remove  the comma.  She noted  that in  current                                                                    
state statute  the particular line  did not have a  comma in                                                                    
the definition of marijuana.                                                                                                    
                                                                                                                                
     Section 15 - SUBSTANTIVE                                                                                                   
     Page 12                                                                                                                    
     AS 11.71.900. Definitions.                                                                                                 
     Defines  "remuneration"  to   include  an  exchange  of                                                                    
     anything of  value, whether by sale,  barter, exchange,                                                                    
     or other means.                                                                                                            
                                                                                                                                
     Section 16 - CONFORMING                                                                                                    
     Page 12                                                                                                                    
     AS  12.45.084(a).   Laboratory  report   of  controlled                                                                    
     substances.                                                                                                                
     Expands the  statutes this  section applies  to include                                                                    
     the  new degree  of misconduct  involving a  controlled                                                                    
     substance established in Section 10.                                                                                       
                                                                                                                                
     Section 17 - CONFORMING                                                                                                    
     Page 12                                                                                                                    
     AS 17.30.080(b).                                                                                                           
     Unlawful     administration,      prescription,     and                                                                    
     dispensation of controlled substances.                                                                                     
     Expands the  statutes this  section applies  to include                                                                    
     the  new degree  of misconduct  involving a  controlled                                                                    
     substance established in Section 10.                                                                                       
                                                                                                                                
     Section 18 - INITIATIVE                                                                                                    
     Page 13                                                                                                                    
     AS 17.38.020. Personal use of marijuana.                                                                                   
     Deletes  [notwithstanding any  other provision  of law,                                                                    
     except as otherwise provided in  this chapter, the] and                                                                    
     makes  other stylistic  changes  to conform  initiative                                                                    
     language  to   legislative  drafting   standards.  This                                                                    
     section   states   that   certain   marijuana   related                                                                    
     activities are  legal and  not a  basis for  seizure or                                                                    
     forfeiture, and prohibits use of  marijuana in a public                                                                    
     place.  Nothing  in  this chapter  permits  growing  or                                                                    
     possessing 16 ounces or more of marijuana at any time.                                                                     
                                                                                                                                
     Additionally   provides   that    the   definition   of                                                                    
     "assisting"  does  not   include  growing,  possessing,                                                                    
     processing,    using,   displaying,    purchasing,   or                                                                    
     transporting marijuana  and marijuana plants  in excess                                                                    
     of the amount allowed in this section.                                                                                     
                                                                                                                                
     Section 19 - INITIATIVE                                                                                                    
     Page 13                                                                                                                    
     AS 17.38.070(a). Lawful  operation of marijuana-related                                                                    
     facilities.                                                                                                                
     Deletes  [notwithstanding any  other provision  of law,                                                                    
     the]  and  makes  other stylistic  changes  to  conform                                                                    
     initiative language to  legislative drafting standards.                                                                    
     Provides that certain marijuana  related acts are legal                                                                    
     and  not  a  basis   for  seizure  or  forfeiture  when                                                                    
     performed by a registered  retail marijuana store, or a                                                                    
     person 21 years of age  or older acting in the person's                                                                    
     capacity as an owner, employee or agent of the store.                                                                      
                                                                                                                                
     Section 20 - INITIATIVE                                                                                                    
     Page 14                                                                                                                    
     AS 17.38.070(b). Lawful  operation of marijuana related                                                                    
     facilities.                                                                                                                
     Deletes  [notwithstanding any  other provision  of law,                                                                    
     the]  and  makes  other stylistic  changes  to  conform                                                                    
     initiative language to legislative drafting standards.                                                                     
     Provides that certain marijuana  related acts are legal                                                                    
     and  not  a  basis   for  seizure  or  forfeiture  when                                                                    
     performed   by  a   registered  marijuana   cultivation                                                                    
     facility, or a  person 21 years of age  or older acting                                                                    
     in  the  person's capacity  as  an  owner, employee  or                                                                    
     agent of the facility.                                                                                                     
                                                                                                                                
     Section 21 - INITIATIVE                                                                                                    
     Page 15                                                                                                                    
     AS 17.38.070(c). Lawful  operation of marijuana related                                                                    
     facilities.                                                                                                                
     Deletes  [notwithstanding any  other provision  of law,                                                                    
     the]  and  makes  other stylistic  changes  to  conform                                                                    
     initiative language to legislative drafting standards.                                                                     
     Provides that certain marijuana  related acts are legal                                                                    
     and  not  a  basis   for  seizure  or  forfeiture  when                                                                    
     performed   by    a   registered    marijuana   product                                                                    
     manufacturing facility, or a person  21 years of age or                                                                    
     older  acting in  the person's  capacity  as an  owner,                                                                    
     employee or agent of the facility.                                                                                         
                                                                                                                                
     Section 22 - INITIATIVE                                                                                                    
     Page 15                                                                                                                    
     AS 17.38.070(d).                                                                                                           
     Lawful operation of marijuana related facilities.                                                                          
     Deletes  [notwithstanding any  other provision  of law,                                                                    
     the]  and  makes  other stylistic  changes  to  conform                                                                    
     initiative language to legislative drafting standards.                                                                     
     Provides that certain marijuana  related acts are legal                                                                    
     and  not  a  basis   for  seizure  or  forfeiture  when                                                                    
     performed by  a registered marijuana  testing facility,                                                                    
     or a  person 21  years of  age or  older acting  in the                                                                    
     person's  capacity as  an owner,  employee or  agent of                                                                    
     the facility.                                                                                                              
                                                                                                                                
     Section 23 - INITIATIVE                                                                                                    
     Page 16                                                                                                                    
     AS 17.38.070(e). Lawful  operation of marijuana related                                                                    
     facilities.                                                                                                                
     Provides  that  it  is  lawful  and  not  a  basis  for                                                                    
     forfeiture  or  seizure for  a  person  or business  to                                                                    
     lease or allow the use of property for marijuana                                                                           
     related activities.                                                                                                        
     Deletes [notwithstanding any other provision of law,                                                                       
     it] and makes stylistic drafting changes.                                                                                  
                                                                                                                                
1:54:30 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling  remarked that  Sections  18  through 23  were                                                                    
pulled from  the initiative and  had some  stylistic changes                                                                    
to conform to bill drafting conventions.                                                                                        
                                                                                                                                
Co-Chair MacKinnon referred to lines  3 through 5 in Section                                                                    
18 of the work draft,  and wondered if the initiative should                                                                    
replace all existing  state law. She stated that  it was her                                                                    
intention  to interpret  and "weave  in" the  intent of  the                                                                    
initiative into existing state  statute; however, she called                                                                    
into  question the  issue of  precedence. She  discussed the                                                                    
"notwithstanding" language  in the initiative,  and restated                                                                    
that  the  committee needed  to  make  the language  of  the                                                                    
initiative  work with  existing state  law. She  queried Mr.                                                                    
Kopp as to  whether her summation was fair.  Mr. Kopp opined                                                                    
that it was very fair.                                                                                                          
                                                                                                                                
Mr. Shilling pointed  out lines 24 through 27  in Section 18                                                                    
of the work draft, and supposed  it was a deviation from how                                                                    
the  initiative  was  written;   the  word  "assisting"  was                                                                    
defined as  to not  include growing or  possessing marijuana                                                                    
beyond the  limits the initiative  allowed for,  while doing                                                                    
the conduct for someone else.                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon asked  for clarification  as to  whether                                                                    
"doing the  conduct for someone else"  referred to gardening                                                                    
or  cultivating a  plant or  plants for  another individual.                                                                    
Mr. Shilling  responded in the affirmative,  explaining that                                                                    
without  the  word  "assisting"  being  defined,  there  was                                                                    
concern that  the law could  be read to allow  an individual                                                                    
to possess more  than the allowed amount  of marijuana while                                                                    
claiming  one was  "assisting"  someone. Co-Chair  MacKinnon                                                                    
asked  if a  person  might endeavor  to  grow marijuana  for                                                                    
others on  a contractual basis,  and whether the  work draft                                                                    
was a policy  call suggesting that it was not  the intent of                                                                    
the people who signed  the initiative. Mr. Shilling affirmed                                                                    
it  was so.  Co-Chair  MacKinnon encouraged  members of  the                                                                    
public to speak  out if they were not in  agreement with the                                                                    
language in the CS.                                                                                                             
                                                                                                                                
1:58:06 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling reiterated  that Sections  19 through  23 were                                                                    
comprised  of initiative  language  with stylistic  changes.                                                                    
Co-Chair     MacKinnon    commented     that    the     term                                                                    
"notwithstanding"  had been  removed from  various sections,                                                                    
or  changes  were  proposed  for   the  same  sections.  Mr.                                                                    
Shilling concurred,  and furthered that every  occurrence of                                                                    
the  clause (five  occurrences)  "notwithstanding any  other                                                                    
provision of law" had been removed.                                                                                             
                                                                                                                                
                                                                                                                                
     Section 24 - SUBSTANTIVE                                                                                                   
     Page 16                                                                                                                    
     AS 17.38.090. Rulemaking.                                                                                                  
     Directs  the   marijuana  control  board  to   adopt  a                                                                    
     regulation that will prohibit  a retail marijuana store                                                                    
     from  selling   more  than  five  grams   of  marijuana                                                                    
     concentrate per day to a customer.                                                                                         
                                                                                                                                
     Section 25 - SUBSTANTIVE                                                                                                   
     Page 16                                                                                                                    
     AS 17.38.110(a).                                                                                                           
     Local Control.                                                                                                             
     Allows   for  a   local  governments   and  established                                                                    
     villages  to   prohibit  the  operation   of  marijuana                                                                    
     cultivation,   manufacturing,    testing,   or   retail                                                                    
     facilities through the act of an ordinance.                                                                                
                                                                                                                                
Mr. Shilling  discussed Section  25, which  he characterized                                                                    
as  "the foundation  of the  local  option provisions"  that                                                                    
were found later in the bill.                                                                                                   
                                                                                                                                
     Section 26 - SUBSTANTIVE                                                                                                   
     Page 16                                                                                                                    
     AS  17.38.200.  Unlawful  activity related  to  persons                                                                    
     under 21 years of age.                                                                                                     
     A  registered marijuana  establishment, or  an employee                                                                    
     thereof, may not knowingly:                                                                                                
          -Allow a person to give marijuana to a minor                                                                          
          within the registered premises.                                                                                       
          -Allow a minor to enter and remain within the                                                                         
          registered premises.                                                                                                  
          -Allow a minor to use marijuana within the                                                                            
          registered premises.                                                                                                  
          -While working on the registered premises, give                                                                       
          marijuana to a minor.                                                                                                 
          Violation  of this  section incurs  a  fine of  at                                                                    
          least $250  and less than $500.  This section does                                                                    
          not apply  to a  minor who  is accompanied  in the                                                                    
          marijuana establishment by  a parent, guardian, or                                                                    
          spouse who is over 21 years of age.                                                                                   
                                                                                                                                
     AS 17.38.210. Access  of persons under 21  years of age                                                                    
     to registered premises.                                                                                                    
     A person under 21 may  not knowingly enter or remain on                                                                    
     a registered  marijuana premises. An exception  is made                                                                    
     for a minor  on the premises at the request  of a peace                                                                    
     officer, or a minor  accompanied by a parent, guardian,                                                                    
     or spouse who  has attained 21 years  of age. Violation                                                                    
     of this section is a $300 fine.                                                                                            
                                                                                                                                
     AS 17.38.220. Proof of registration  to be exhibited on                                                                    
     demand; penalty.                                                                                                           
     Requires a licensee  to have a copy  of their marijuana                                                                    
     license at  all times  when transporting more  than one                                                                    
     ounce of  marijuana, and shall  present the  license on                                                                    
     demand by  a peace  officer. Violation of  this section                                                                    
     is a $100 fine.                                                                                                            
                                                                                                                                
     AS 17.38.230.                                                                                                              
     Bail forfeiture for certain offenses.                                                                                      
     Requires  the court  to make  a bail  schedule allowing                                                                    
     defendants  to pay  the fine  for violations  without a                                                                    
     court appearance for violations involving marijuana.                                                                       
                                                                                                                                
     AS  17.38.240. Court  records of  violations by  minors                                                                    
     confidential.                                                                                                              
     The  court  may not  publish  on  a publicly  available                                                                    
     website the court  records of a minor  in possession of                                                                    
     marijuana,  a minor  consuming  marijuana,  or a  minor                                                                    
     accessing   licensed   premises,    after   the   court                                                                    
     proceedings are concluded and the case is closed.                                                                          
                                                                                                                                
     AS 17.38.250. Local option.                                                                                                
     An established village shall  prohibit the operation of                                                                    
     marijuana establishments  if a  majority of  the voters                                                                    
     in the  election approve the  ban. A ballot to  adopt a                                                                    
     local  option   must  contain   language  substantially                                                                    
     similar  to the  following:  "Shall  (name of  village)                                                                    
     adopt  a  local option  to  prohibit  the operation  of                                                                    
     marijuana establishments? (yes or no)."                                                                                    
                                                                                                                                
     AS 17.38.260. Removal of local option.                                                                                     
     An established  village shall remove a  local option if                                                                    
     a majority  of the  voters vote  to remove  the option.                                                                    
     The option is  repealed effective the first  day of the                                                                    
     month following certification  of the election results.                                                                    
     A  ballot question  to remove  a local  option must  at                                                                    
     least  contain  language   similar  to  the  following:                                                                    
     "Shall  (name  of  village)  remove  the  local  option                                                                    
     currently in  effect, that  prohibits the  operation of                                                                    
     marijuana establishments,  so that  there is  no longer                                                                    
     any local option in effect?  (yes or no)." When issuing                                                                    
     a  registration in  an area  that has  removed a  local                                                                    
     option, the  board shall give priority  to an applicant                                                                    
     who was formerly licensed.                                                                                                 
                                                                                                                                
     AS 17.38.270.  Effect of local option  on registrations                                                                    
     of prohibition of marijuana establishments.                                                                                
     If  a local  option is  in  effect, the  board may  not                                                                    
     issue,  renew,   or  transfer  a  registration   for  a                                                                    
     marijuana  establishment located  within the  perimeter                                                                    
     of the village.                                                                                                            
                                                                                                                                
    AS 17.38.280. Procedure for local option elections.                                                                         
     An election to adopt or  remove a local option shall be                                                                    
     conducted as follows:                                                                                                      
          -The   lieutenant  governor   shall  place   on  a                                                                    
          separate ballot at a  special election the content                                                                    
          from a petition that  received at least 35 percent                                                                    
         of registered voters within the village.                                                                               
          -The  election may  not  be  conducted during  the                                                                    
          first  24  months  after   the  local  option  was                                                                    
          adopted or more than once in a 36-month period.                                                                       
          -Another  petition may  not be  filed until  after                                                                    
          the question  presented in the first  petition has                                                                    
          been voted on. Only  one local option question may                                                                    
          be presented in an election.                                                                                          
                                                                                                                                
     AS   17.38.290.    Establishment   of    perimeter   of                                                                    
     established village.                                                                                                       
     For purposes of the local  option law, the perimeter of                                                                    
     a village is a circle  around the village that includes                                                                    
     an area  within a five-mile  radius of the  post office                                                                    
     of the village,  or a five-mile radius  of another site                                                                    
     selected by the local governing  body, or the board, if                                                                    
     the  village doesn't  have a  local governing  body. If                                                                    
     the   perimeter   overlaps   with   another   village's                                                                    
     perimeter,  and that  other village  has not  adopted a                                                                    
     local option, then the local option does not apply in                                                                      
     the overlapping area.                                                                                                      
                                                                                                                                
     AS 17.38.300. Notice of the results of a local option                                                                      
     election.                                                                                                                  
     If a majority  of the voters approve or  remove a local                                                                    
     option, the lieutenant governor  shall notify the board                                                                    
     of the results immediately  following the election, and                                                                    
     the board  shall immediately  notify the  Department of                                                                    
     Law and the Department of Public Safety.                                                                                   
                                                                                                                                
Mr.  Shilling   presented  Section  26,  which   related  to                                                                    
unlawful activity related to persons under 21 years of age.                                                                     
                                                                                                                                
2:00:09 PM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche wondered if  there was redundancy in the                                                                    
language of Section 26. Mr.  Kopp referred to page 17, lines                                                                    
7  through  9 of  the  work  draft,  pointing out  the  non-                                                                    
applicability  section;   and  stated  that  there   was  an                                                                    
exception  to  the  minimum   age  for  entering  registered                                                                    
marijuana   establishments.   He    furthered   that   those                                                                    
considerations  [allowing   a  minor   to  use   or  possess                                                                    
marijuana on the premises] must  be given to minors who were                                                                    
legally  on  the   premises  through  the  non-applicability                                                                    
language.                                                                                                                       
                                                                                                                                
Mr.  Kopp discussed  AS 17.38.24  in Section  26, and  noted                                                                    
that the qualifying language stipulated  that the record was                                                                    
not available  after the court proceeding  was concluded and                                                                    
the case was closed.                                                                                                            
                                                                                                                                
2:03:01 PM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche asked if there  was language in the bill                                                                    
pertaining  to  the  ability of  a  licensed  proprietor  to                                                                    
deliver   marijuana   to   a    person   off-site   of   the                                                                    
establishment,  and  related  that   the  subject  had  been                                                                    
addressed in recent community meetings  in his district. Mr.                                                                    
Shilling  replied   that  the  bill  did   not  address  the                                                                    
eventuality of home delivery of marijuana.                                                                                      
                                                                                                                                
Co-Chair MacKinnon  asked to clarify if  Vice-Chair Micciche                                                                    
was asking about individuals who  might phone in to a retail                                                                    
establishment  for a  delivery service.  Vice-Chair Micciche                                                                    
reiterated   that  he   had  received   concerns  from   his                                                                    
constituency, and  wondered if the initiative  had addressed                                                                    
the subject.                                                                                                                    
                                                                                                                                
Mr. Kopp  referred to Section  19, subsection 6 of  the work                                                                    
draft,  concerning retail  marijuana  stores; and  explained                                                                    
that  under   this  portion,  it  specifically   was  not  a                                                                    
violation  for a  licensed marijuana  retail  store who  was                                                                    
"delivering,   distributing,   or   selling   marijuana   or                                                                    
marijuana  products to  consumers."  He  suggested that  the                                                                    
question at hand  was what "delivering" meant.  He opined it                                                                    
might be more properly  addressed within the regulation bill                                                                    
[HB 75].  He discussed  the accountability that  was present                                                                    
when purchasing  something in a retail  location as compared                                                                    
to a home delivery.                                                                                                             
                                                                                                                                
Co-Chair   MacKinnon    mused   that   commas    and   other                                                                    
technicalities  in  the  bill would  be  litigated  at  some                                                                    
point,  and  signified  the importance  of  the  clarity  of                                                                    
legislative intent with regard to the term of "delivery."                                                                       
                                                                                                                                
Vice-Chair  Micciche opined  that defining  "delivery" would                                                                    
be a future issue of concern if not clarified in the bill.                                                                      
                                                                                                                                
2:06:37 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling  noted  that  later   in  the  bill  the  term                                                                    
"deliver" was defined.                                                                                                          
                                                                                                                                
Co-Chair Kelly  referred to  Section 17.38.240  and wondered                                                                    
about  inconsistency  between   court  records  for  alcohol                                                                    
violations and  court records for marijuana  violations. Mr.                                                                    
Kopp  noted that  there was  currently no  provision in  the                                                                    
alcohol statutes  pertaining to court records  being treated                                                                    
in a  special way for  individuals under  the age of  21. He                                                                    
furthered  that it  would be  addressed when  the regulation                                                                    
bill came  up. He clarified  that the work draft  was solely                                                                    
pertaining to marijuana rather than alcohol.                                                                                    
                                                                                                                                
Co-Chair  MacKinnon asked  Mr. Kopp  if it  was fair  to say                                                                    
that  the  committee  was  trying  to  implement  the  voter                                                                    
initiative  so that  possession of  marijuana was  legal and                                                                    
not on  an individual's criminal record.  Mr. Kopp discussed                                                                    
legal records and specified that  individuals under 21 faced                                                                    
issues  such  as  possession  charges  impacting  employment                                                                    
opportunities. He  furthered that for individuals  under 21,                                                                    
under the  bill such  charges would not  be accessible  on a                                                                    
publicly   available  website   (such   as  Courtview).   He                                                                    
clarified  that there  would still  be  a hard  copy of  the                                                                    
records, but the inaccessibility  would mitigate against the                                                                    
ability to be employed at a future date.                                                                                        
                                                                                                                                
2:09:02 PM                                                                                                                    
                                                                                                                                
Mr. Shilling referred  to a "Local Option  Memo" authored by                                                                    
Senator  John  Coghill (copy  on  file)  that discussed  the                                                                    
"interplay"  between  cities  and  organized  boroughs  with                                                                    
regard to the  local option. He attested that  there was one                                                                    
deviation from how local option was addressed in Title IV:                                                                      
                                                                                                                                
     an  established village  in an  organized borough  does                                                                    
     not   have    the   option   to    prohibit   marijuana                                                                    
     establishments;  rather, the  language only  applied to                                                                    
     established villages in the un-organized borough.                                                                          
                                                                                                                                
Vice-Chair  Micciche  asked  about   the  last  sentence  of                                                                    
Section 17.38.280  (d) "Only one  local option  question may                                                                    
be  presented in  an  election" and  wondered  if it  needed                                                                    
additional clarification.  He wondered  if, as  written, the                                                                    
language could  present a loophole. Mr.  Kopp explained that                                                                    
Section  17.38.280 (d)  referred  back  to 17.38.250  (Local                                                                    
Option),   which  specifically   discussed  an   established                                                                    
village  exercising  their  local  option  to  prohibit  the                                                                    
operation  of marijuana  establishments.  He furthered  that                                                                    
the reference  was for  clarity and  the language  was there                                                                    
particularly  to prevent  "petition  stacking." He  directed                                                                    
attention to  Section 17.38.280(a),  and confirmed  that the                                                                    
local option referred back to the established village.                                                                          
                                                                                                                                
Vice-Chair Micciche stated that  he understood, but wondered                                                                    
if the  language could be abused  in a way that  would limit                                                                    
additional  local  options  from  occurring  statewide.  Mr.                                                                    
Shilling explained that the local  option question would not                                                                    
appear on a  statewide ballot, but rather only  in a special                                                                    
election.                                                                                                                       
                                                                                                                                
Co-Chair  MacKinnon asked  if it  was fair  to surmise  that                                                                    
"the  village issue"  was not  addressed in  the initiative,                                                                    
and the  committee was trying to  insert language consistent                                                                    
with the initiative to  provide local communities (villages)                                                                    
a  means  to consider  the  issue  that might  affect  their                                                                    
community. Mr. Shilling responded in the affirmative.                                                                           
                                                                                                                                
     Section 27 - INITIATIVE                                                                                                    
     Page 20                                                                                                                    
     AS 17.38.900(6). Definitions.                                                                                              
     Establishes the definition for "marijuana" as defined                                                                      
     in the ballot initiative.                                                                                                  
                                                                                                                                
2:14:55 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling noted  that in  addition  to establishing  the                                                                    
definition of marijuana, Section 27  of the work draft had a                                                                    
few differences  from the  initiative, including  removal of                                                                    
the word  "salt", the  removal of a  comma, and  a stylistic                                                                    
change on line 28.                                                                                                              
                                                                                                                                
     Section 28 - INITIATIVE/SUBSTANTIVE                                                                                        
     Page 20                                                                                                                    
     AS 17.38.900. Definitions.                                                                                                 
     Defines "deliver", "established village", "knowingly",                                                                     
     "marijuana    concentrate",    "public    place"    and                                                                    
     "remuneration."                                                                                                            
                                                                                                                                
Mr.  Shilling   addressed  Section   28  of   the  sectional                                                                    
analysis,  noting that  the section  added some  definitions                                                                    
that were not contained in the initiative.                                                                                      
                                                                                                                                
Co-Chair MacKinnon  noted that  Section 28  of the  bill was                                                                    
where  the word  "deliver" was  defined, and  suggested that                                                                    
the  committee  might  examine the  language  if  there  was                                                                    
specific  intent   of  the  legislature  to   hamper  "pizza                                                                    
delivery" of a [marijuana] product.                                                                                             
                                                                                                                                
Mr. Kopp noted  that there was one  other clarification that                                                                    
would be  addressed in  an amended version  of the  bill; he                                                                    
explained  that the  definition  of  "manufacture" had  been                                                                    
inadvertently removed  from the CS  and would be  added back                                                                    
in.                                                                                                                             
                                                                                                                                
Co-Chair  MacKinnon  noted  that   the  committee  would  be                                                                    
looking  for  a  definition of  "manufacturing"  that  would                                                                    
discriminate  between  lawful  personal use  and  commercial                                                                    
use.                                                                                                                            
                                                                                                                                
     Section 29 - SUBSTANTIVE                                                                                                   
     Page 21                                                                                                                    
     AS 28.35.029(a). Open container.                                                                                           
     Provides that  a person may  not drive a  motor vehicle                                                                    
     when  there  is  an  open marijuana  container  in  the                                                                    
     passenger  compartment  with  the  exceptions  provided                                                                    
     below (b.)                                                                                                                 
                                                                                                                                
Mr.  Kopp  discussed Section  29,  which  provided for  open                                                                    
container violations  involving marijuana. He  addressed the                                                                    
question   of  whether   the  term   "motor  driven   cycle"                                                                    
encompassed all  terrain cycles/vehicles (ATV),  and related                                                                    
that  the   Department  of  Law  would   be  contacting  the                                                                    
committee with information.                                                                                                     
                                                                                                                                
2:17:48 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon harkened  back to  a prior  conversation                                                                    
regarding ATVs  and motorcycles, and wondered  if there were                                                                    
other types  of transportation  to take  in to  account. She                                                                    
remembered  that   Senator  Olson   had  raised   the  issue                                                                    
previously.  Mr.   Kopp  stated   that  Senator   Olson  had                                                                    
mentioned  snow  machines,  and   anything  that  was  motor                                                                    
driven.                                                                                                                         
                                                                                                                                
Vice-Chair Micciche stated he would  work on the language to                                                                    
ensure that it was adequate.                                                                                                    
                                                                                                                                
     Section 30 - SUBSTANTIVE                                                                                                   
     Page 21                                                                                                                    
     AS 28.35.029(b). Open container.                                                                                           
     Creates  exceptions  to  an  open  marijuana  container                                                                    
     being in the vehicle: the  container is in the trunk of                                                                    
     the vehicle;  behind the last  upright seat  in certain                                                                    
     vehicles; behind  a solid partition that  separates the                                                                    
     driver  from  the  passengers,   or  certain  types  of                                                                    
     passenger vehicles.                                                                                                        
                                                                                                                                
     Section 31 - SUBSTANTIVE                                                                                                   
     Page 22                                                                                                                    
     AS 28.35.029(c). Open container.                                                                                           
     Defines  "open  marijuana  container" as  a  receptacle                                                                    
     that contains marijuana, is open  or has a broken seal,                                                                    
     and any amount of marijuana is removed.                                                                                    
                                                                                                                                
     Sections 32-33 - SUBSTANTIVE                                                                                               
     Page 22                                                                                                                    
     AS  29.10.200;  AS  29.35.   Limitation  of  home  rule                                                                    
     powers. Municipal powers and duties.                                                                                       
     Provides the right to limit  marijuana to the state and                                                                    
     municipalities  cannot enact  or  enforce an  ordinance                                                                    
     inconsistent   with  17.38,   except  as   specifically                                                                    
     provided by state statute. The  section applies to home                                                                    
     rule and general law municipalities.                                                                                       
                                                                                                                                
     Section 34 - CONFORMING                                                                                                    
     Page 22                                                                                                                    
     AS 34.03.360(7). Definitions.                                                                                              
     Defines  "illegal   activity  involving   a  controlled                                                                    
     substance"   to  include   MICS   crimes  relating   to                                                                    
     marijuana.                                                                                                                 
                                                                                                                                
     Section 35 - CONFORMING                                                                                                    
     Page 22                                                                                                                    
     AS 47.12.030(b). Provisions inapplicable.                                                                                  
     When  a  minor is  accused  of  a violating  a  statute                                                                    
     relating to marijuana, other than  a felony, the Alaska                                                                    
     Delinquency Rules  do not apply  and the  minor accused                                                                    
     of  the  offense  shall  be  charged,  prosecuted,  and                                                                    
     sentenced in the  same manner as an  adult. The minor's                                                                    
     parent   or   guardian   shall  be   present   at   all                                                                    
     proceedings.                                                                                                               
                                                                                                                                
Mr. Kopp  clarified that under  Section 35, just as  a minor                                                                    
was not  arraigned in juvenile  court for a  speeding ticket                                                                    
or  fishing violation,  similarly  if they  had a  marijuana                                                                    
violation, they  would be arraigned  in District  Court just                                                                    
like an adult.                                                                                                                  
                                                                                                                                
     Section 36 - SUBSTANTIVE                                                                                                   
     Page 23                                                                                                                    
     Repeals the enumerated statutes.                                                                                           
                                                                                                                                
     Section 37 - SUBSTANTIVE                                                                                                   
     Page 23                                                                                                                    
     Applicability provisions.                                                                                                  
                                                                                                                                
     Section 38 - SUBSTANTIVE                                                                                                   
     Page 24                                                                                                                    
     Establishes an immediate effective date.                                                                                   
                                                                                                                                
2:20:51 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon,  with the support of  the committee, set                                                                    
the bill  aside and  wondered if  the members  had questions                                                                    
for the manager of the  bill. She related that the committee                                                                    
would be bringing  back the Alaska State  Troopers and other                                                                    
previous  testifiers including  the Department  of Law,  the                                                                    
Public Defender's Office, and Legislative Legal Services.                                                                       
                                                                                                                                
Co-Chair  Kelly asked  if the  committee could  work with  a                                                                    
recruiter from  the Army,  Navy, Air  Force, or  Marines. He                                                                    
cited Section  17.38.240 of the work  draft, which discussed                                                                    
public   access  to   court   records,   and  detailed   the                                                                    
consequences for a user of  marijuana who joins the military                                                                    
after  not  disclosing  prior  use.   He  furthered  that  a                                                                    
background check  would reveal the court  records, resulting                                                                    
in the discharge from the branch of service.                                                                                    
                                                                                                                                
2:22:23 PM                                                                                                                    
                                                                                                                                
Co-Chair   MacKinnon   discussed  laboratories,   scientific                                                                    
descriptions  and  testing;  and  suggested  that  when  the                                                                    
committee  further discussed  testing while  considering the                                                                    
regulatory bill, they  would be calling in  someone from the                                                                    
State of Washington to provide  greater insight. She relayed                                                                    
that  the  committee  would  be bringing  up  the  bill  the                                                                    
following day, and  if it was the will of  the committee she                                                                    
would then remove her objection.  She discussed the schedule                                                                    
and upcoming public testimony.                                                                                                  
                                                                                                                                
Senator  Hoffman  related  that  many  of  the  villages  he                                                                    
represented  had  opted out  of  the  sale of  alcohol,  and                                                                    
wondered if the legislature (acting  as the assembly for the                                                                    
unorganized  borough)  could opt  such  villages/communities                                                                    
out of the local option, and  allow the villages to opt back                                                                    
in if they so desired. He  suggested that it would save time                                                                    
to do so,  and such an action would likely  reflect the will                                                                    
of the community.                                                                                                               
                                                                                                                                
Co-Chair  MacKinnon   asked  Ms.  Kaci  Schroeder   (in  the                                                                    
gallery)  to offer  a written  response to  the question  of                                                                    
whether the  legislature could (while  acting as  the seated                                                                    
city council for unorganized areas)  opt them out. She noted                                                                    
that the  action was not  in agreeance with  the initiative,                                                                    
which stated  that individual  and local  communities needed                                                                    
to opt out.                                                                                                                     
                                                                                                                                
KACI  SCHROEDER,  SPECIAL   ASSITANT  TO  THE  COMMISSIONER,                                                                    
DEPARTMENT OF  LAW, agreed to  provide the committee  with a                                                                    
written response by Thursday of the same week.                                                                                  
                                                                                                                                
2:25:26 PM                                                                                                                    
                                                                                                                                
Mr. Kopp,  in response to Co-Chair  Kelly's earlier comments                                                                    
regarding  minor  court  records, commented  that  the  bill                                                                    
would not  affect any records  at the  courthouse, therefore                                                                    
any violations  would be  available for  a recruiter  to see                                                                    
via a method other than a public website.                                                                                       
                                                                                                                                
Co-Chair Kelly  referred to  Foreign Service  contractors on                                                                    
military bases,  and wondered if  violations of  federal law                                                                    
regarding  marijuana  would  preclude  employment.  Co-Chair                                                                    
MacKinnon commented  that her staff  would follow up  on the                                                                    
subject.                                                                                                                        
                                                                                                                                
Senator  Dunleavy asked  if there  was any  language in  the                                                                    
bill that pertained to  operating "dangerous" machinery such                                                                    
as chainsaws  or lawn mowers.  Mr. Kopp noted  that existing                                                                    
law  addressed dangerous  behavior that  recklessly put  any                                                                    
other  individuals at  risk, and  it was  quantified by  the                                                                    
charge of reckless endangerment.                                                                                                
                                                                                                                                
Vice-Chair  Micciche asked  if  the riding  lawn mower  fell                                                                    
under the  designation of motor  vehicle. He wondered  if it                                                                    
fell  under  the  auspices  of a  driving  while  under  the                                                                    
influence  (DUI).  Mr.  Kopp explained  that  on  one's  own                                                                    
property, DUI did not apply.  He clarified that it did apply                                                                    
in  one's  driveway  and  into the  garage.  He  added  that                                                                    
reckless endangerment  would be more applicable  in the case                                                                    
of a riding lawn mower.                                                                                                         
                                                                                                                                
2:28:10 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon thanked  Mr. Shilling  and Mr.  Kopp and                                                                    
asked  if   the  committee  could  anticipate   a  corrected                                                                    
sectional  analysis  by  the  following  day.  Mr.  Shilling                                                                    
responded  in  the  affirmative.  She noted  that  a  public                                                                    
hearing  would   be  held   as  previously   announced,  and                                                                    
amendments would be due during the current week.                                                                                
                                                                                                                                
Co-Chair  MacKinnon reiterated  that the  work draft  was an                                                                    
effort  to conform  the initiative  language in  with Alaska                                                                    
State Statutes,  and welcomed public comment.  She asked for                                                                    
individuals  to address  a specific  page or  section number                                                                    
when testifying.                                                                                                                
                                                                                                                                
[The Work Draft 29-LS0231/X was adopted the following day.]                                                                     
                                                                                                                                
SB  30  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
2:30:49 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:30 p.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 30 - Local Option Memo.pdf SFIN 3/9/2015 1:30:00 PM
SB 30
SB 30 work order version X.pdf SFIN 3/9/2015 1:30:00 PM
SB 30