HB 319-RENEW MARIJUANA LICENSE:BACKGROUND CHECKS    4:07:31 PM CHAIR KREISS-TOMKINS announced that the final order of business would be HOUSE BILL NO. 319, "An Act relating to criminal background checks for marijuana establishment registrations and renewals; and providing for an effective date." 4:08:02 PM REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as prime sponsor of HB 319, stated that the proposed legislation is well founded because submitting fingerprints every year for background checks is unnecessary; the Department of Public Safety (DPS) would become aware through the Alaska Public Safety Information Network (APSIN) or another means of the need for further scrutiny regarding a marijuana establishment. He relayed that HB 319 would require fingerprinting every three years; and there is a forthcoming amendment to expand that period, which he supports. 4:08:52 PM REPRESENTATIVE WOOL moved to adopt Amendment 1, labeled 30- LS1334\A.1, Martin, 2/15/18, which read: Page 1, line 14: Delete "three" Insert "six" REPRESENTATIVE TUCK objected for the purpose of discussion. 4:09:14 PM REPRESENTATIVE WOOL explained that the statute currently requires it to occur annually; HB 319 would require it every three years; and the proposed amendment would change the requirement for fingerprinting to every six years. He stated that the only other license requiring recurring fingerprinting is massage therapy at three years, which has been discussed in House Labor and Commerce Standing Committee and will most likely be changed, because it constitutes a burden on the industry. He relayed that someone holding a liquor license is fingerprinted for a background check as a new owner; it is required when there is a change of ownership; however, it is only performed once for each owner. He conceded that the marijuana industry is new, and people are nervous about its legality and criminal involvement. He expressed his belief that people who are entering legitimate businesses, following all the regulation and licensure requirements, and investing hundreds of thousands of dollars would not want to jeopardize that investment by committing a crime; therefore, every six years should be sufficient. He offered that background checks can be done within the state; however, to determine if a federal crime or a crime in another state has been committed, a Federal Bureau of Investigation (FBI) check with fingerprints would be necessary. He opined that a fingerprint background check every six years is sufficient. REPRESENTATIVE KNOPP asked whether every employee in the marijuana industry must have a certification like the Techniques of Alcohol Management (TAM) card in the alcohol industry and if so, the renewal frequency. He also asked whether the workers are required to submit fingerprints for a background check and the frequency for fingerprinting. 4:12:43 PM MEGAN HOLLAND, Staff, Representative Andy Josephson, Alaska State Legislature, on behalf of Representative Josephson, prime sponsor of HB 319, responded that the proposed legislation addresses a registration for a marijuana establishment, therefore, is not related to a worker certification card. 4:13:10 PM ERICA MCCONNEL, Director, Alcohol & Marijuana Control Office (AMCO), Department of Commerce, Community & Economic Development (DCCED), stated that all employees in the marijuana industry are required to obtain a Marijuana Handler Permit which lasts three years; currently no background checks are required for the employees. She said that the Alcoholic Beverage Control (ABC) Board has recently adopted a regulation change that will soon require a State of Alaska background check for employees, but not a full national criminal background check. REPRESENTATIVE TUCK removed his objection to the motion to adopt Amendment 1. There being no further objection, it was so ordered. 4:14:30 PM REPRESENTATIVE LEDOUX stated that she supports the amendment and HB 319. REPRESENTATIVE WOOL agreed. He stated that hopefully with these beginning industries, people will respect them and not treat them like "they have one foot in the criminal world." REPRESENTATIVE KNOPP added his support. REPRESENTATIVE TUCK also added his support. 4:15:28 PM REPRESENTATIVE LEDOUX moved to report HB 319, as amended, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 319(STA) was reported from the House State Affairs Standing Committee.