05/06/2024 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB228 | |
| HB238 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 228 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 238 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 6, 2024
1:33 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator James Kaufman
Senator Löki Tobin
MEMBERS ABSENT
Senator Jesse Kiehl, Vice Chair
Senator Cathy Giessel
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 228(STA) AM
"An Act establishing the Alaska task force for the regulation of
psychedelic medicines approved by the United States Food and
Drug Administration; and providing for an effective date."
- MOVED CSHB 228(STA) AM OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 238(JUD)
"An Act relating to criminal mischief in the third degree; and
providing for an effective date."
- MOVED SCS CSHB 238(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 228
SHORT TITLE: MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
SPONSOR(s): REPRESENTATIVE(s) ARMSTRONG
01/16/24 (H) PREFILE RELEASED 1/8/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) HSS, STA, FIN
02/02/24 (H) MLV REPLACES HSS REFERRAL
02/02/24 (H) BILL REPRINTED
02/13/24 (H) MLV AT 1:00 PM GRUENBERG 120
02/13/24 (H) Heard & Held
02/13/24 (H) MINUTE(MLV)
02/29/24 (H) MLV AT 1:00 PM GRUENBERG 120
02/29/24 (H) Heard & Held
02/29/24 (H) MINUTE(MLV)
03/05/24 (H) MLV AT 1:00 PM GRUENBERG 120
03/05/24 (H) Moved CSHB 228(MLV) Out of Committee
03/05/24 (H) MINUTE(MLV)
03/06/24 (H) MLV RPT CS(MLV) 1DNP 4NR 1AM
03/06/24 (H) DNP: SADDLER
03/06/24 (H) NR: GROH, CARPENTER, SHAW, WRIGHT
03/06/24 (H) AM: GRAY
03/13/24 (H) FIN REFERRAL REMOVED
03/14/24 (H) STA AT 3:00 PM GRUENBERG 120
03/14/24 (H) Heard & Held
03/14/24 (H) MINUTE(STA)
04/02/24 (H) STA AT 3:00 PM GRUENBERG 120
04/02/24 (H) Moved CSHB 228(STA) Out of Committee
04/02/24 (H) MINUTE(STA)
04/03/24 (H) STA RPT CS(STA) NEW TITLE 2DP 3NR
04/03/24 (H) DP: CARRICK, STORY
04/03/24 (H) NR: CARPENTER, WRIGHT, SHAW
05/02/24 (H) TRANSMITTED TO (S)
05/02/24 (H) VERSION: CSHB 228(STA) AM
05/03/24 (S) READ THE FIRST TIME - REFERRALS
05/03/24 (S) JUD
05/06/24 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: HB 238
SHORT TITLE: CRIMINAL MISCHIEF 3RD DEGREE
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
01/16/24 (H) PREFILE RELEASED 1/8/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) JUD
02/26/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/26/24 (H) Heard & Held
02/26/24 (H) MINUTE(JUD)
03/01/24 (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23
03/01/24 (H) JUD AT 1:30 PM GRUENBERG 120
03/01/24 (H) Heard & Held
03/01/24 (H) MINUTE(JUD)
03/11/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/11/24 (H) Moved CSHB 238(JUD) Out of Committee
03/11/24 (H) MINUTE(JUD)
03/13/24 (H) JUD RPT CS(JUD) 5DP
03/13/24 (H) DP: GRAY, GROH, SUMNER, CARPENTER,
VANCE
03/20/24 (H) TRANSMITTED TO (S)
03/20/24 (H) VERSION: CSHB 238(JUD)
03/22/24 (S) READ THE FIRST TIME - REFERRALS
03/22/24 (S) JUD
04/03/24 (S) JUD AT 1:30 PM BUTROVICH 205
04/03/24 (S) Heard & Held
04/03/24 (S) MINUTE(JUD)
05/06/24 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
CALVIN ZUELOW, Staff
Representative Jennie Armstrong
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Paraphrased the differences between
companion bills HB 228 and SB 166 on behalf of the sponsor.
BAILEY STUART, Owner
Stuart Consulting
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 228.
BREANNA KAKARUK, Staff
Senator Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of changes for HB 238
from version B to S.
KACI SCHROEDER, Senior Assistant Attorney General
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the discussion of
HB 238.
ALEXANDER SCHROEDER, Staff
Representative Andy Josephson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered closing remarks on HB 238.
ACTION NARRATIVE
1:33:24 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:33 p.m. Present at the call to order were
Senators Kaufman, Tobin, and Chair Claman.
HB 228-MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
1:33:51 PM
CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL
NO. 228(STA) am "An Act establishing the Alaska task force for
the regulation of psychedelic medicines approved by the United
States Food and Drug Administration; and providing for an
effective date."
CHAIR CLAMAN said this is the first hearing of HB 228 in the
Senate Judiciary Committee. The committee heard and reported out
the Senate companion bill, SB 166.
1:34:08 PM
CHAIR CLAMAN invited Mr. Zuelow to put himself on the record and
explain the differences between the two companion bills, HB 228
and SB 166.
1:34:34 PM
CALVIN ZUELOW, Staff, Representative Jennie Armstrong, Alaska
State Legislature, Juneau, Alaska, paraphrased the differences
between companion bills HB 228 and SB 166 on behalf of the
sponsor:
[Original punctuation provided.]
Summary of Differences
with
CSHB 228 (STA) am - 33-LS0976\T.A
Companion CSSB 166 (JUD) 33-LS1062\N
1. The title of the task force has been changed in HB
228 from the "Alaska mental health and psychedelic
medicine task force" to the "Alaska task force for
the regulation of psychedelic medicines approved by
the United States Food and Drug Administration."
This change was made to better represent the duties
of the task force. This change is reflected in the
title of the bill, in the beginning of section 1
(page 1 lines 7 to 9), and in section 1(h).
2. A new paragraph has been added to HB 228 as section
1(b)(11), and the following subsections were
renumbered. The new section 1(b)(11) reads, "one
member who is a pharmacist, selected by the board of
directors of the Alaska Pharmacy Association."
3. The language in section 1(b)(10) of SB 166, which
reads, "one member of the faculty of the division of
population health sciences at the University of
Alaska, selected by the president of the University
of Alaska," was deleted from HB 228 and following
subsections were renumbered.
4. A new paragraph has been added to HB 228 as section
1(b)(7), and the following subsections were
renumbered. The new section 1(b)(7) reads, "one
member who is a physician or osteopath specializing
in behavioral health, selected by the Board of
Trustees of the Alaska State Medical Association."
5. The language in section 1(b)(7) of SB 166, which
reads "one member representing the psychiatric
profession, selected by the governing body of the
Alaska Psychiatric Association" was reworded in HB
228's equivalent section 1(b)(8) to read, "one
member who is a physician or osteopath specializing
in psychiatry, selected by the governing body of the
Alaska Psychiatric Association."
6. The number of members the task force could appoint
after assembling under section 1(b)(13) of SB 166
was reduced from three to one in HB 228's equivalent
section, 1(b)(14).
7. The language in section 1(c) of SB 166, which reads,
"The task force shall elect a chair from among its
members," was deleted and replaced in HB 228 with
language that reads, "The members appointed by the
president of the senate and the speaker of the house
of representatives under (b)(12) and (13) of this
section shall serve as co-chairs of the task force.
A member appointed under (b)(12) or (13) of this
section may select a designee to attend a meeting of
the task force on the member's behalf."
8. The date the task force's report is due to the
legislature and the governor was moved to January
31, 2025 in HB 228, from December 31, 2024 in SB
166. The task force's termination date was moved to
the end of the first session of the Thirty-Fourth
Legislature, where in SB 166 the task force
terminates the day the Thirty-Fourth Legislature
convenes.
9. The language in section 1(a)(1) in SB 166 reads,
"assess the potential use of psychedelic medicine in
addressing the state's ongoing mental health crisis,
as well as in treating chronic and terminal
illnesses and in end-of-life care." Section 1(a)(1)
of HB 228 was not amended to include the second and
third clauses and reads, "assess the potential use
of psychedelic medicine in addressing the state's
ongoing mental health crisis."
1:37:01 PM
SENATOR TOBIN referred to page 2, line 3 of HB 228 and number 9
in the summary of differences. She sought confirmation that the
sponsor's definition of "ongoing mental health crisis" would
include Alaska's aging population and individuals experiencing
mental health stress related to potential palliative care or
geriatric needs.
1:37:49 PM
MR. ZUELOW replied yes, that is correct.
1:37:56 PM
CHAIR CLAMAN asked about the impetus for designating legislative
appointees as the co-chairs of the task force, rather than
allowing the task force to select its own co-chairs.
1:38:12 PM
MR. ZUELOW replied that HB 228 was originally drafted as an
executive task force. The House Special Committee on Military
and Veterans' Affairs adopted a committee substitute that
changed it to a legislative task force and determined it would
be appropriate for legislative members to appoint the chairs.
1:38:31 PM
CHAIR CLAMAN asked whether legislators are eligible to vote.
MR. ZUELOW replied that they are voting members of the task
force.
1:38:42 PM
CHAIR CLAMAN opened public testimony on HB 228.
1:39:16 PM
BAILEY STUART, Owner, Stuart Consulting, Wasilla, Alaska,
testified in support of HB 228. She stated that she is an
adjunct professor at the University of Alaska Anchorage, where
she educates students on cannabis regulations. She noted that
she opened the first dispensary in the Mat-Su Borough, serves on
a nonprofit board supporting veterans and disabled active-duty
members, and serves on the Marijuana Control Board.
MS. STUART stated that, based on her experience with Schedule I
substances, she believes it is in the best interest of the state
and its veterans to begin holding discussions. She referenced
human trials conducted through the Federal Drug Administration
(FDA) and noted that, in January, the U.S. Department of
Veterans Affairs (VA) issued a request for proposals to study
the use of certain psychedelic compounds for treating post-
traumatic stress disorder and depression. She highlighted that
this is the first time since the 1960s that the VA has conducted
studies on these compounds.
MS. STUART expressed her belief that it is important to public
health and safety for veterans and Alaska residents to begin
discussions now about what regulatory structures should be in
place following FDA approval of psychedelic medicines. She
emphasized the need to anticipate and prepare a regulatory
framework before approval occurs to avoid confusion among
practitioners and the public. Drawing on her experience during
the legalization of marijuana in Alaska before regulations were
established, she cautioned that a lack of preparation could
create similar public uncertainty, even though legalization and
FDA approval are different processes.
MS. STUART stated that the future of medicine, particularly in
mental health care, is moving toward assisted psychedelic
therapy. She expressed her belief that HB 228 outlines an
appropriate membership structure for the task force and that it
could play a vital role in addressing the mental health crisis
faced by Alaska and its veterans.
MS. STUART requested the committee support HB 228, emphasizing
the importance of preparing for the anticipated use of
psychedelic medicine in a way that prioritizes public health and
safety.
1:42:07 PM
CHAIR CLAMAN closed public testimony on HB 228.
CHAIR CLAMAN solicited the will of the committee.
1:42:19 PM
SENATOR TOBIN moved to report CSHB 228(STA) am, work order 33-
LS0976\T.A, from committee with individual recommendations and
attached zero fiscal note(s).
1:42:38 PM
CHAIR CLAMAN found no objection and CSHB 228(STA) am was
reported from the Senate Judiciary Standing Committee.
HB 238-CRIMINAL MISCHIEF 3RD DEGREE
1:42:48 PM
CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL
NO. 238(JUD) "An Act relating to criminal mischief in the third
degree; and providing for an effective date."
CHAIR CLAMAN said this is the second hearing of HB 238 in the
Senate Judiciary Committee. The intention is to hear a proposed
Senate committee substitute (SCS). He invited Ms. Kakaruk to
present the summary of changes.
1:43:26 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the summary of changes
for HB 238 from version B to S:
[Original punctuation provided.]
Summary of Changes
Senate Judiciary Committee: Version B to Version S
In the Committee Substitute to HB 238, the following
changes were made:
• Section 1. AS 11.46.482(a)
• Page 2, line 6-11
• Delete:
(C) defaces, damages, or desecrates
(i) real property that has a place of
religious education or worship located on it and
is owned, leased, or used by a religious
organization or used for any religious purpose;
or
(ii) tangible personal property used by a
religious organization or used for any religious
purpose.
• Insert:
(C) defaces or damages real property that
(i) has a place of religious education or
worship located on it; and
(ii) if leased or used by a religious
organization and is a part of a larger property,
is the part of the property leased or used by
the religious organization, including the access
to the entry of the part of the property; or
(D) defaces or damages tangible personal
property that has religious significance and is
used by religious organizations or displayed for
educational purposes.
• Sec. 2 AS 11.46.482(b)
• Page 2, line 24, following (a)(3)(C),
• Insert:
"or (D)"
• Conforming changes:
• Renumbering
1:44:55 PM
CHAIR CLAMAN asked the Criminal Division to update the committee
on the Department of Law's position regarding the changes made
in HB 238, version S.
1:45:10 PM
KACI SCHROEDER, Senior Assistant Attorney General, Criminal
Division, Department of Law, Juneau, Alaska, said the division
reviewed SCS version S and concluded that the language is
workable and can be implemented. The department is neutral on
the bill overall.
1:45:27 PM
CHAIR CLAMAN asked whether a committee member's previously
raised concerns, which led to the drafting of SCS version S,
were addressed in version S.
1:45:38 PM
MS. SCHROEDER replied yes.
1:45:44 PM
CHAIR CLAMAN solicited a motion.
1:45:48 PM
SENATOR TOBIN moved to adopt the Senate committee substitute
(SCS) for CSHB 238, work order 33-LS1101\S, as the working
document.
1:46:05 PM
CHAIR CLAMAN found no objection and SCS CSHB 238 was adopted as
the working document.
CHAIR CLAMAN invited Mr. Schroeder to offer closing remarks.
1:46:23 PM
ALEXANDER SCHROEDER, Staff, Representative Andy Josephson,
Alaska State Legislature, Juneau, Alaska, expressed appreciation
to committee members for their time, work, and support on
HB 238.
1:46:38 PM
CHAIR CLAMAN solicited the will of the committee.
1:46:42 PM
SENATOR TOBIN moved to report SCS CSHB 238, work order 33-
LS1101\S, from committee with individual recommendations and
attached zero fiscal note(s).
1:46:58 PM
CHAIR CLAMAN found no objection and SCS CSHB 238(JUD) was
reported from the Senate Judiciary Standing Committee
1:47:11 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 1:47 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 228 veresion T.A.A |
SJUD 5/6/2024 1:30:00 PM |
HB 228 |
| HB 228 Sponsor Statement T.A 5.3.2024.pdf |
SJUD 5/6/2024 1:30:00 PM |
HB 228 |
| HB 228 Sectional Analysis T.A 5.3.2024.pdf |
SJUD 5/6/2024 1:30:00 PM |
HB 228 |
| HB 228 Summary of Changes T to T.A 5.3.2024.pdf |
SJUD 5/6/2024 1:30:00 PM |
HB 228 |
| HB 228 T.A vs SB 166 N Summary of Differences 5.3.2024.pdf |
SJUD 5/6/2024 1:30:00 PM |
HB 228 SB 166 |
| HB 228 Fiscal Note DCCED-COMM 3.5.2024.pdf |
SJUD 5/6/2024 1:30:00 PM |
HB 228 |
| HB 238 version S.pdf |
SJUD 5/6/2024 1:30:00 PM |
HB 238 |
| HB 238 Summary of Changes Version B to S.pdf |
SJUD 5/6/2024 1:30:00 PM |
HB 238 |