HB 291: "An Act relating to scheduled substances; relating to the Controlled Substances Advisory Committee; and authorizing the attorney general to schedule substances by emergency regulation."
00 HOUSE BILL NO. 291 01 "An Act relating to scheduled substances; relating to the Controlled Substances 02 Advisory Committee; and authorizing the attorney general to schedule substances by 03 emergency regulation." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.71.100(c) is amended to read: 06 (c) The president of the Board of Pharmacy or the president's designee 07 [ATTORNEY GENERAL] is the chair [CHAIRMAN] of the committee. 08 * Sec. 2. AS 11.71.100(d) is amended to read: 09 (d) The committee meets at the call of the chair of the committee 10 [ATTORNEY GENERAL]. 11 * Sec. 3. AS 11.71.110 is amended to read: 12 Sec. 11.71.110. Duties of committee. The committee shall 13 (1) advise the governor of the need to add, delete, or reschedule 14 substances in the schedules in AS 11.71.140 - 11.71.190;
01 (2) recommend regulations for adoption by the Board of Pharmacy to 02 prevent excessive prescription of controlled substances and the diversion of 03 prescription drugs into illicit channels; 04 (3) evaluate the effectiveness of programs in the state providing 05 treatment and counseling for persons who abuse controlled substances; 06 (4) recommend programs to the Alaska Court System to be instituted 07 as alternatives to the prosecution or imprisonment of offenders who have no prior 08 criminal record involving controlled substance offenses and who are charged with 09 crimes involving controlled substances; 10 (5) review and evaluate enforcement policies and practices of the 11 Department of Public Safety and the Department of Law with regard to crimes 12 involving controlled substances, and recommend modifications of those policies and 13 practices consistent with the committee's assessment of the probable danger of 14 particular controlled substances; [AND] 15 (6) review budget requests and recommend amounts for appropriations 16 to the governor and the legislature for departments and agencies responsible for 17 (A) enforcing criminal laws pertaining to controlled 18 substances; 19 (B) providing treatment and counseling of persons who abuse 20 controlled substances; and 21 (C) regulating the legitimate handling of controlled substances; 22 and 23 (7) advise the attorney general of the need to schedule substances 24 by emergency regulation. 25 * Sec. 4. AS 11.71 is amended by adding a new section to read: 26 Sec. 11.71.125. Emergency substance scheduling. (a) The attorney general 27 may, by regulation, schedule a substance in AS 11.71 regardless of whether the 28 substance is substantially similar to a controlled substance listed in AS 11.71.140 - 29 11.71.180, if the attorney general finds that scheduling the substance on an emergency 30 basis is necessary to avoid an immediate hazard to public safety. 31 (b) In determining whether to schedule a substance on an emergency basis, or
01 repeal an emergency regulation that scheduled a substance, the attorney general shall 02 (1) assess the degree of danger or probable danger of the substance by 03 considering 04 (A) the actual or probable abuse of the substance including the 05 (i) history and current pattern of abuse; 06 (ii) scope, duration, and significance of abuse; and 07 (iii) degree of actual or possible detriment that may 08 result from abuse of the substance; and 09 (B) the risk to public health; 10 (2) consider whether the substance has been scheduled on a temporary 11 basis under federal law and may also consider clandestine importation, manufacture, 12 or distribution of the substance; 13 (3) consult with the Controlled Substances Advisory Committee 14 established in AS 11.71.100; and 15 (4) consult with the chief medical officer in the Department of Health 16 and Social Services before scheduling a substance on an emergency basis. 17 (c) In scheduling a substance by emergency regulation, and after compliance 18 with (a) of this section, the attorney general shall clearly indicate in emergency 19 regulation the appropriate schedule under AS 11.71 that applies to the substance. 20 (d) The attorney general shall post a notice on the Alaska Online Public 21 Notice System (AS 44.62.175) 30 days before the effective date of an emergency 22 scheduling action. The notice shall include a summary of the attorney general's 23 findings under (b) of this section and the finding required for an emergency regulation 24 under AS 44.62.250(b). 25 (e) Authority to schedule substances under this section does not extend to 26 alcoholic beverages as defined in AS 04.21.080, marijuana as defined in 27 AS 17.38.900, or tobacco. 28 (f) An emergency regulation adopted under this section is subject to the 29 requirements in AS 44.62.260(c). 30 * Sec. 5. AS 11.71.900(4) is amended to read: 31 (4) "controlled substance" means a drug, substance, or immediate
01 precursor included in the schedules set out in AS 11.71.140 - 11.71.190 or included 02 in those schedules in regulation under AS 11.71.125 and AS 44.62.250 and 03 44.62.260; 04 * Sec. 6. AS 11.71.900 is amended by adding a new paragraph to read: 05 (31) "substance" means a drug, controlled substance, or immediate 06 precursor included in the schedules set out in AS 11.71.140 - 11.71.190 or in 07 regulation under AS 11.71.125 and AS 44.62.250 and 44.62.260. 08 * Sec. 7. AS 44.23.020(b) is amended to read: 09 (b) The attorney general shall 10 (1) defend the Constitution of the State of Alaska and the Constitution 11 of the United States of America; 12 (2) bring, prosecute, and defend all necessary and proper actions in the 13 name of the state for the collection of revenue; 14 (3) represent the state in all civil actions in which the state is a party; 15 (4) prosecute all cases involving violation of state law, and file 16 informations and prosecute all offenses against the revenue laws and other state laws 17 where there is no other provision for their prosecution; 18 (5) administer state legal services, including the furnishing of written 19 legal opinions to the governor, the legislature, and all state officers and departments as 20 the governor directs; and give legal advice on a law, proposed law, or proposed 21 legislative measure upon request by the legislature or a member of the legislature; 22 (6) draft legal instruments for the state; 23 (7) make available a report to the legislature, through the governor, at 24 each regular legislative session 25 (A) of the work and expenditures of the office; and 26 (B) on needed legislation or amendments to existing law; 27 (8) prepare, publish, and revise as it becomes useful or necessary to do 28 so an information pamphlet on landlord and tenant rights and the means of making 29 complaints to appropriate public agencies concerning landlord and tenant rights; the 30 contents of the pamphlet and any revision shall be approved by the Department of 31 Law before publication; [AND]
01 (9) perform all other duties required by law or which usually pertain to 02 the office of attorney general in a state; and 03 (10) by regulation schedule a substance on an emergency basis as 04 provided in AS 11.71.125 and AS 44.62 (Administrative Procedure Act). 05 * Sec. 8. AS 44.62.175(a) is amended to read: 06 (a) The lieutenant governor shall develop and supervise the Alaska Online 07 Public Notice System, to be maintained on the state's site on the Internet. The 08 lieutenant governor shall prescribe the form of notices posted on the system by state 09 agencies. The Alaska Online Public Notice System must include 10 (1) notices of proposed actions given under AS 44.62.190(a); 11 (2) notices of state agency meetings required under AS 44.62.310(e), 12 even if the meeting has been held; 13 (3) notices of solicitations to bid issued under AS 36.30.130; 14 (4) notices of state agency requests for proposals issued under 15 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and 16 AS 43.40.010; 17 (5) executive orders and administrative orders issued by the governor; 18 (6) written delegations of authority made by the governor or the head 19 of a principal department under AS 44.17.010; 20 (7) the text or a summary of the text of a regulation or order of repeal 21 of a regulation for which notice is given under AS 11.71.125 or AS 44.62.190(a), 22 including an emergency regulation or repeal regardless of whether it has taken effect; 23 (8) notices required by AS 44.62.245(b) regarding an amended version 24 of a document or other material incorporated by reference in a regulation; 25 (9) a summary of the text of recently issued published opinions of the 26 attorney general; 27 (10) a list of vacancies on boards, commissions, and other bodies 28 whose members are appointed by the governor; 29 (11) in accordance with AS 39.52.240(h), advisory opinions of the 30 attorney general; [AND] 31 (12) notices required by AS 26.30.010(d) and (e) regarding
01 applications for military facility zones; and 02 (13) notices of substances scheduled on an emergency basis under 03 AS 11.71.125. 04 * Sec. 9. AS 44.62.200(a) is amended to read: 05 (a) The notice of proposed adoption, amendment, or repeal of a regulation 06 must include 07 (1) a statement of the time, place, and nature of proceedings for 08 adoption, amendment, or repeal of the regulation; 09 (2) reference to the authority under which the regulation is proposed 10 and a reference to the particular code section or other provisions of law that are being 11 implemented, interpreted, or made specific; 12 (3) an informative summary of the proposed subject of agency action; 13 (4) other matters prescribed by a statute applicable to the specific 14 agency or to the specific regulation or class of regulations; 15 (5) a summary of the fiscal information required to be prepared under 16 AS 44.62.195; and 17 (6) for a regulation under AS 11.71.125, a summary of the attorney 18 general's compliance with the requirements of AS 11.71.125(b). 19 * Sec. 10. AS 44.62.250 is amended to read: 20 Sec. 44.62.250. Emergency regulations. Except for a regulation adopted 21 under AS 11.71.125, a [A] regulation or order of repeal may be adopted as an 22 emergency regulation or order of repeal if a state agency makes a written finding, 23 including a statement of the facts that constitute the emergency, that the adoption of 24 the regulation or order of repeal is necessary for the immediate preservation of the 25 public peace, health, safety, or general welfare. The requirements of AS 44.62.040(c), 26 44.62.060, and 44.62.190 - 44.62.215 do not apply to the initial adoption of 27 emergency regulations; however, upon adoption of an emergency regulation the 28 adopting agency shall immediately submit a copy of it to the lieutenant governor for 29 filing and for publication in the Alaska Administrative Register, and within five days 30 after filing by the lieutenant governor the agency shall give notice of the adoption in 31 accordance with AS 44.62.190(a). Failure to give the required notice by the end of the
01 10th day automatically repeals the regulation. 02 * Sec. 11. AS 44.62.250 is amended by adding a new subsection to read: 03 (b) A regulation or order of repeal may be adopted as an emergency regulation 04 under AS 11.71.125 if the attorney general makes a written finding that the 05 requirements of AS 11.71.125 are met. The requirements of AS 44.62.190 - 44.62.215 06 do not apply to the adoption or order of repeal by the attorney general of a regulation 07 to schedule a substance by emergency regulation under AS 11.71.125. 08 * Sec. 12. AS 44.62.260 is amended to read: 09 Sec. 44.62.260 Limitation on effective period of emergency regulations. (a) 10 Except as provided in (c) of this section, a [A] regulation adopted as an emergency 11 regulation does not remain in effect more than 120 days unless the adopting agency 12 complies with AS 44.62.040(c), 44.62.060, and 44.62.190 - 44.62.215 either before 13 submitting the regulation to the lieutenant governor or during the 120-day period. 14 (b) Except as provided in (c) of this section, before [BEFORE] the 15 expiration of the 120-day period, the agency shall transmit to the lieutenant governor 16 for filing a certification that AS 44.62.040(c), 44.62.060, and 44.62.190 - 44.62.215 17 were complied with before submitting the regulation to the lieutenant governor, or that 18 the agency complied with those sections within the 120-day period. Failure to so 19 certify repeals the emergency regulation; it may not be renewed or refiled as an 20 emergency regulation. 21 * Sec. 13. AS 44.62.260 is amended by adding a new subsection to read: 22 (c) A substance that is added by emergency regulation by the attorney general 23 under AS 11.71.125 may remain on the schedule through emergency regulation for a 24 period not to exceed 720 days. A regulation adopted by the attorney general under 25 AS 11.71.125 may not be in effect for more than 720 days unless 26 (1) the attorney general complies with AS 44.62.040(c), 44.60.060, 27 and 44.62.190 - 44.62.215 either before submitting the regulation to the lieutenant 28 governor or during the 720-day period; and 29 (2) before the expiration date of the 720-day period, transmits to the 30 lieutenant governor for filing a certification that AS 44.62.040(c), 44.60.060, and 31 44.62.190 - 44.62.215 were complied with before submitting the regulation to the
01 lieutenant governor, or that the agency complied with AS 44.60.040(c), 44.62.060, and 02 44.62.190 - 44.62.215 within the 720-day period; failure to certify the emergency 03 regulation repeals the emergency regulation; the emergency regulation may not be 04 renewed or refiled as an emergency regulation. 05 * Sec. 14. AS 44.62.270 is amended to read: 06 Sec. 44.62.270. State policy. It is the state policy that emergencies are held to 07 a minimum and are rarely found to exist. Nothing in this section limits the attorney 08 general from scheduling a substance by emergency regulation under 09 AS 11.71.125.