SB 186-CONTROLLED SUBSTANCES ADVISORY COMMITTEE  CHAIR KELLER announced that the next order of business would be SENATE BILL NO. 186, "An Act relating to the Controlled Substances Advisory Committee and providing for mandatory meetings of the committee at least twice a year." SENATOR FRED DYSON, Alaska State Legislature, said that SB 186 is small but it is not simple. "In 1982, one of the last things that Governor [Jay] Hammond did-and this was originally the whole section of the code on controlled substance, scheduled substances, was a part of the Governor's package." He said it originated in the House and sets up "that whole section." The first part sets up a Controlled Substance Advisory Committee, he said, and it is extraordinary how wisely it was done. "[The section] had the right people with the right kind of knowledge and experience, and challenges them to watch over how we handle controlled substances," he stated. He spoke of [the committee members] having knowledge of the effects of the substances, effectiveness of treatments, economics, appropriateness of sentences, and diversionary ways of handling people with drug problems. 3:09:32 PM SENATOR DYSON said, "It commands that they meet twice a year." The bill passed with a $170,000 fiscal note, which the legislature approved, "and nothing happened." Governor Hammond returned to Lake Clark and Bella went back to set-netting at Naknek Point, and nothing happened, he reiterated. He said his office is working on some sentencing and criminal justice issues as well as the complex restorative justice issue. He stated that he has had some experience and a lot of frustration with administrations not following clear legislative intent or the statute. Everyone was ignorant of what was done in 1982, he opined. In the fall of 2013, an attorney saw SB 56, which is now in House Finance, and represented in court that if this commission had been put in place and had been followed, her client would not be facing a draconian sentence that he was getting. The attorney requested that the whole section of the law be thrown out, but that was unacceptable to the Department of Law, he noted. The Assistant Attorney General actually argued in court that the administration did not need to pay attention to what the legislature put in code, because if it meant it, there would have been a penalty for noncompliance. 3:11:53 PM SENATOR DYSON said it is unacceptable that for 32 years successive administrations have failed to do this very reasonable thing of evaluating our war on drugs and treatment programs. He noted his very good efforts at getting things into law, but nothing happened in the way he anticipated. "So what you have on this page ... this is what our [legislative attorney] tells us is the necessary words to make sure that it is clear in the statute that we mean what we say." He told the committee to "watch these things," and make sure that the intention of the legislature is followed. If the language he proposes does not make that happen, he has some draft language that says, "Failure of compliance will mean class C felony and these four PCNs [position control numbers] go away." SENATOR DYSON said all he is asking is to change a couple of words so that it becomes clearer that what the legislature said in 1982 is followed. 3:13:46 PM REPRESENTATIVE LEDOUX said if the administration has argued that it does not have to follow the law unless there is a penalty, why is there no penalty? SENATOR DYSON answered that the current administration did not know that "this stuff was in the law," and it is supportive of the legislation. He did not put in a penalty because he has been told that his wording will work, but the Department of Law and the Attorney General "were really between a rock and hard place." They had to generate a defense of why the entire section of the code should not be thrown out, so he does not believe that it is the position of this administration that "we need to make it more draconian, but I am asking you ... to watch this stuff." 3:15:30 PM REPRESENTATIVE LEDOUX said the legislature does not always make the laws for the good people; sometimes laws are made because there are some people who do not listen unless there is a penalty. She noted that other administrations apparently have not complied because there was no penalty. "To me, the old language looks pretty much like the new language," so she is not sure what the bill accomplishes. CHAIR KELLER said the committee will take an at-ease so that Representative LeDoux can talk to the sponsor. He stated that getting the discussion on the record will have a big impact, and "it's part of our job to keep track of this stuff, and sometimes we fail." 3:16:28 PM SENATOR DYSON said that the Department of Law is supportive, and Anne Carpeneti can explain what went on in that court case. ANNE CARPENETI, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law (DOL), stated that there is not much difference between the old language and the new language in SB 186, but the language in the amendment is more demanding than current law. Senator Dyson is correct; the Department of Law was not aware of this [Controlled Substances Advisory Committee], and there are probably others that DOL is unaware of. She said she is sure that the committee has not been funded since the law was originally passed. She explained that the reason the state took the position that it did in the aforementioned litigation was that the plaintiffs were trying to get the statutes set aside and not followed. The legislature had adopted these laws, so the state's position was that the law could not be set aside just because the [committee] had not been formed. 3:19:02 PM REPRESENTATIVE LEDOUX asked what happened to the $170,000. MS. CARPENETI said she believes that monies not expended are returned to the general fund. REPRESENTATIVE GRUENBERG asked if the commission is within DOL. CHARLES KOPP, Staff, Senator Fred Dyson, said the Controlled Substances Advisory Committee is within the Department of Law, and the Attorney General is the chair. 3:20:50 PM REPRESENTATIVE GRUENBERG asked why the committee has not been meeting. CHAIR KELLER said the DOL did not know it existed. REPRESENTATIVE GRUENBERG asked if the committee will now meet. If the commission is not beneficial, "maybe we don't need it." MS. CARPENETI said that she believes that a periodic review of Alaska laws is a good thing. 3:22:21 PM SENATOR DYSON said that is an inadequate answer. The law requires the committee to meet twice a year and it is rigorously required to do analysis and report to the governor. "And it says the governor shall initiate legislation to deal with inadequate sentencing, changes in the drugs that are coming after us, evaluating diversion programs, i.e. therapeutic courts, and so on and so forth, and treatment programs." He said he is really glad that this administration has been quite positive about getting after this, but he does not want anyone going out of this meeting thinking that he is calling for a nice group of people to get together every once in a while and work on this. "I want the rigorous process that Governor Hammond and his team laid out then," he stated. That includes formal meetings, reports, and recommendations to the governor. CHAIR KELLER said he is grateful that this has been brought forward. It has affected people's lives because it has not been in place. He added that he is grateful to the DOL for picking up the baton and making it happen from here on out. 3:24:12 PM CHAIR KELLER closed public testimony. REPRESENTATIVE LYNN moved to report SB 186 out of committee with individual recommendations and the accompanying fiscal notes. Hearing no objection, SB 186 was reported from the House Judiciary Standing Committee. CHAIR KELLER noted that amendments to the crime bill are due by 2:00 PM tomorrow.