Legislature(2015 - 2016)CAPITOL 120

04/06/2015 01:00 PM House JUDICIARY

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            HB 123-ESTABLISH MARIJUANA CONTROL BOARD                                                                        
1:34:51 PM                                                                                                                    
CHAIR LEDOUX announced that the  first order of business would be                                                               
HOUSE BILL  NO. 123, "An  Act establishing the  Marijuana Control                                                               
Board;  relating  to  the  powers and  duties  of  the  Marijuana                                                               
Control Board;  relating to the appointment,  removal, and duties                                                               
of the director  of the Marijuana Control Board;  relating to the                                                               
Alcoholic Beverage Control Board;  and providing for an effective                                                               
1:35:08 PM                                                                                                                    
REPRESENTATIVE  KELLER  moved  to  adopt CSHB  123,  version  29-                                                               
GH1110\N, Martin,  4/3/15 as the  working document.   There being                                                               
no objection, version "N" was before the committee.                                                                             
1:35:36 PM                                                                                                                    
MICAELA FOWLER, Legislative Liaison,  Office of the Commissioner,                                                               
Department  of  Commerce,  Community,  and  Economic  Development                                                               
(DCCED), said that version N  represents several changes from the                                                               
prior version.   She explained  that Sec.  3 has been  amended to                                                               
clarify  and  put  into  statute  the  intent  that  the  Alcohol                                                               
Beverage  Control Board  (ABC Board)  and  the Marijuana  Control                                                               
Board would meet  right after each other in sharing  staff.  Sec.                                                               
7, is a  new section which places the Marijuana  Control Board on                                                               
a list of entities whose hearings  are conducted by the Office of                                                               
Administrative Hearings.   Sec. 9, is the  transition language of                                                               
which is the  most substantive change in this version  in that it                                                               
changes  what  is  considered  experience   for  members  of  the                                                               
marijuana  industry during  the initial  formation of  the board.                                                               
Previously, the  bill required  that two  members of  the alcohol                                                               
industry serve  the initial  board term.   She explained  that in                                                               
version  N,  it  is  two  members  who  have  experience  in  the                                                               
marijuana industry  obtained through lawful participation  in the                                                               
marijuana industry,  or participation in an  academic or advocacy                                                               
role relating to the marijuana industry.                                                                                        
1:38:22 PM                                                                                                                    
CYNTHIA  FRANKLIN,  Director,  Alcohol  Beverage  Control  Board,                                                               
Department  of  Commerce,  Community, and  Economic  Development,                                                               
said  the ABC  Board supports  the version  going forward  as Ms.                                                               
Fowler indicated, and she does not  have anything to add to prior                                                               
1:39:25 PM                                                                                                                    
RACHELLE  YEUNG, Legislative  Analyst, Marijuana  Policy Project,                                                               
said she  is speaking on  behalf of the Marijuana  Policy Project                                                               
and the Campaign to Regulate  Marijuana like Alcohol.  She opined                                                               
that the  current committee substitute  is a much  better version                                                               
than   previously  and   offered  a   suggestion  regarding   the                                                               
composition  of  the  potential  board members.    She  said  the                                                               
concern  is  to  ensure  that   people  with  the  most  relevant                                                               
expertise  not  be  excluded,  and  that  members  of  the  board                                                               
implementing this law  actually do support the law  passed by the                                                               
voters.  She pointed out that  within the version it appears that                                                               
persons  with only  one year  of  experience in  either of  those                                                               
professions would qualify, while a  person retired from a decades                                                               
long career in either of those  fields, or has moved their career                                                               
to a  private university  or other  non-profit public  sector may                                                               
MS.  YEUNG  responded to  Representative  Gruenberg  that she  is                                                               
referring to  Sec. 2, [AS  17.38.080] page 2, lines  15-16, which                                                               
          (1) one person from the public safety sector;                                                                         
          (2) one person from the public health sector;                                                                         
MS. YEUNG  explained that it  initially lays out  the composition                                                               
of the board,  one person from the public safety  sector, and one                                                               
person  from the  public health  sector.   Her recommendation  is                                                               
that those  two positions  allow someone who  is a  former public                                                               
health or public safety official to apply.                                                                                      
1:43:19 PM                                                                                                                    
REPRESENTATIVE GRUENBERG referred  to [Sec. 9], page  7, lines 2-                                                               
5, which read:                                                                                                                  
     (b)  Notwithstanding AS  17.38.080(b)(4)  and (5),  the                                                                    
     governor,  in making  the initial  appointments to  the                                                                    
     Marijuana  Control  Board,  shall appoint  two  persons                                                                    
     with  experience  in  the marijuana  industry  obtained                                                                    
     through lawful participation  in the marijuana industry                                                                    
     or  participation  in  an  academic  or  advocacy  role                                                                    
     relating to the marijuana industry.                                                                                        
REPRESENTATIVE GRUENBERG  offered that  the above  language would                                                               
clarify the fact that the person  could be in the industry now or                                                               
have  experience in  it.   He said  that the  intent is  to allow                                                               
anyone with experience.                                                                                                         
1:44:11 PM                                                                                                                    
MS. YEUNG pointed to Sec. 2,  [AS 17.38.080] page 3, lines 14-20,                                                               
which read:                                                                                                                     
          (4) "public health sector" means a state,                                                                             
     federal,  or  local entity  that  works  to ensure  the                                                                    
     health and  safety of  persons and  communities through                                                                    
     education,  policymaking, treatment  and prevention  of                                                                    
     injury and disease, and promotion of wellness;                                                                             
          (5) "public safety sector" means a state,                                                                             
     federal,  or  local   law  enforcement  authority  that                                                                    
     provides for the welfare and  protection of the general                                                                    
     public through the enforcement of applicable laws;                                                                         
MS.  YEUNG recommended  that the  board members  not be  selected                                                               
from  a  professional  involved  in  a  federal  law  enforcement                                                               
capacity or  a federal public  safety capacity given that  all of                                                               
the  conduct the  board will  write  laws for  are illegal  under                                                               
federal  law.    She  recommended   that  all  board  members  be                                                               
committed to  safely implementing  the initiative given  that the                                                               
board  will  be  responsible  for implementing  this  law.    She                                                               
expressed that it is important  all members of the board actually                                                               
support the initiative or are  committed to regulating and taxing                                                               
marijuana as  the voters intended.   She submitted  that allowing                                                               
the possible inclusion  of hostile board members  who could favor                                                               
unlawful  delays  which  would  likely  lead  to  litigation  and                                                               
reduced faith in the government.                                                                                                
1:47:14 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG  referred  to   her  last  comment  and                                                               
surmised  that she  prefers a  provision  in the  law that  these                                                               
board  members  support  the  law   or  support  the  concept  of                                                               
legalizing marijuana.                                                                                                           
MS. YEUNG clarified  that she meant that the  person appointed to                                                               
serve on  the board supports  the implementation of the  law even                                                               
if they do not support the legalization themselves.                                                                             
1:48:00 PM                                                                                                                    
REPRESENTATIVE MILLETT  asked whether  Ms. Yeung would  also like                                                               
federal taken out of the definition for public health sector.                                                                   
MS. YEUNG  answered "That  is correct."   She  then added  to her                                                               
response to  Representative Gruenberg that  if the bill  were not                                                               
to explicitly  state that persons  serving on this  board support                                                               
the initiative, that  they be required to state  their support in                                                               
response to a question on the application form.                                                                                 
1:49:11 PM                                                                                                                    
CHAIR   LEDOUX   related   that   she   understands   Ms.   Yeung                                                               
recommendation, but on  the other hand it is as  though Ms. Yeung                                                               
is  requiring a  loyal oath.   She  opined that  they do  not ask                                                               
people, or put  it into statute, that someone serving  on a board                                                               
must be  in favor of  something.   She described [the  action] as                                                               
implied that  a person does their  best to fulfill the  duties of                                                               
the board.                                                                                                                      
1:49:47 PM                                                                                                                    
REPRESENTATIVE  MILLETT expressed  that  she  could not  perceive                                                               
someone applying for  a board position and  vehemently oppose the                                                               
position of  the board.   She  surmised that  a person  wishes to                                                               
serve  on  a  board  because   they  desire  to  see  that  board                                                               
implemented in a correct manner.                                                                                                
CHAIR  LEDOUX   pointed  out  that   the  board  is   subject  to                                                               
legislative  approval so  someone  along the  line  will ask  the                                                               
question or it  would come out if someone was  attempting to join                                                               
the board because their intention was to railroad it.                                                                           
1:50:44 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG offered  that  Chair LeDoux's  comments                                                               
might  also  go to  the  issue  of  deleting the  word  "federal"                                                               
because  a federal  person would  not be  appointed if  they were                                                               
basically  opposed.   He  said  he  hesitates to  delete  federal                                                               
because SB 30  will be on the  books for a while  and the federal                                                               
law may be modified.                                                                                                            
1:51:31 PM                                                                                                                    
BRUCE  SCHULTE, Coalition  for Responsible  Cannabis Legislation,                                                               
referred to  [Sec. 3,  AS 17.38.084] page  4, lines  15-16, which                                                               
          (a) The board shall control the cultivation,                                                                          
     manufacture, possession, and sale of marijuana in the                                                                      
MR.  SCHULTE  remarked that  the  word  "control" could  be  more                                                               
appropriately  replaced with  the  word "regulate."   He  further                                                               
remarked that  the word "possession"  might be stricken  from the                                                               
sentence entirely because the board  is actually charged with the                                                               
regulation  of cultivation,  manufacture, and  sale of  marijuana                                                               
and not personal possession.   He stated that personal possession                                                               
is dealt with under statute with the passage of the initiative.                                                                 
1:54:19 PM                                                                                                                    
CHAIR LEDOUX  closed public testimony  after ascertaining  no one                                                               
further wished to testify.                                                                                                      
1:54:36 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG referred  to  [Sec.  3, AS  17.38.084],                                                               
page 4, lines 18-19, which read:                                                                                                
     (b) The board shall                                                                                                        
          (1) propose and adopt regulations;                                                                                    
REPRESENTATIVE   GRUENBERG   asked   whether  the   adoption   of                                                               
regulations would be under the Administrative Procedures Act.                                                                   
MS. FOWLER replied "Yes."                                                                                                       
REPRESENTATIVE  GRUENBERG   asked  where   in  the  bill   it  is                                                               
specifically listed.                                                                                                            
1:55:58 PM                                                                                                                    
HARRIET MILKS,  Assistant Attorney  General, Commercial  and Fair                                                               
Business  Section,  Department  of  Law (DOL),  opined  that  the                                                               
language is  in the initiative  and [Sec.  10], on page  7, lines                                                               
12-15, which read:                                                                                                              
          (b) The Marijuana Control Board, established                                                                          
     under AS  17.38.080, as repealed and  reenacted by sec.                                                                    
     2  of  this Act,  may  adopt  regulations necessary  to                                                                    
     implement  the   changes  made  by   this  Act.     The                                                                    
     regulations take effect  under AS 44.62 (Administrative                                                                    
     Procedures Act),  but not before the  effective date of                                                                    
     this Act.                                                                                                                  
1:56:35 PM                                                                                                                    
REPRESENTATIVE GRUENBERG commented that if  the board is going to                                                               
operate  under the  Administrative Procedures  Act it  should not                                                               
just be  in a  transitional section as  it has to  be put  in the                                                               
body of the bill in permanent law.                                                                                              
MS. FOWLER noted  that is a legitimate concern and  could not see                                                               
any reason it could not happen.                                                                                                 
1:57:03 PM                                                                                                                    
MS.  FRANKLIN  interjected  that AS  17.38.090(a)(1)  within  the                                                               
voter's  initiative  provides that  all  of  the regulations  are                                                               
subject  to the  requirements  of  the Administrative  Procedures                                                               
1:57:47 PM                                                                                                                    
REPRESENTATIVE MILLETT  referred back to the  discussion with Mr.                                                               
Schulte  regarding page  4, lines  15-16, and  asked whether  Ms.                                                               
Milks had  a problem  with changing  "control" to  "regulate" and                                                               
deleting "possession."                                                                                                          
1:58:03 PM                                                                                                                    
MS.  MILKS   replied  that  the  language,   including  the  word                                                               
"control" comes from Title 4,  and it is not absolutely necessary                                                               
that the word be "control."   She explained that elsewhere in the                                                               
initiative,  and in  this bill,  it is  clear that  the Marijuana                                                               
Control Board  would regulate marijuana.   As to  possession, she                                                               
remarked,  there  could  be  circumstances  where  possession  of                                                               
marijuana  would   be  inconsistent   with  the   marijuana  laws                                                               
currently  being  drafted,  but   certainly  some  possession  is                                                               
protected under the Alaska State Constitution and under case law                                                                
REPRESENTATIVE MILLETT argued that  possession of marijuana would                                                               
not be something  a board would be concerned with,  as that would                                                               
be under  the Department of  Law or Department of  Public Safety.                                                               
She  questioned   why  marijuana  would  be   regulated  under  a                                                               
possession issue when it would  be under the Department of Public                                                               
Safety to ticket or regulate.                                                                                                   
1:59:43 PM                                                                                                                    
MS.  MILKS  responded that  it  depends  upon  the scope  of  the                                                               
regulation that  is anticipated for the  Marijuana Control Board.                                                               
In the event  the Marijuana Control Board is  anticipated to have                                                               
enforcement  powers,   it  could  conceivably   regulate  certain                                                               
circumstances  of  possession.   For  example,  she pointed  out,                                                               
there are circumstance  where the board would  regulate more than                                                               
a  certain  number  of  plants   in  a  person's  possession,  or                                                               
possessing marijuana  while transporting  it from  a manufacturer                                                               
to a retail establishment, or a cultivator to a producer.                                                                       
REPRESENTATIVE MILLETT related that she  has an issue because the                                                               
board  is not  the  Department of  Public  Safety, therefore,  it                                                               
shouldn't be  ticketing on possession  issues and  that according                                                               
to the  initiative the  board is to  control the  manufacture and                                                               
sale of marijuana,  not the possession.  She  highlighted that if                                                               
the  board had  a problem  with possession  wouldn't it  call the                                                               
Department  of Public  Safety who  could enforce  it.   She asked                                                               
whether the bill is giving  powers of enforcement and whether the                                                               
board would  now be monitoring  possession.  In that  regard, she                                                               
noted,  there  would be  two  types  of enforcement  through  the                                                               
Department  of  Public  Safety  law  and  through  the  Marijuana                                                               
Control Board.                                                                                                                  
2:01:10 PM                                                                                                                    
MS.  MILKS  referred  to  [Sec.   3,  AS  17.38.085,  Enforcement                                                               
powers], page 5, lines 16-23, which read:                                                                                       
     The  director   and  the   persons  employed   for  the                                                                    
     administration  and  enforcement  of the  chapter  may,                                                                    
     with  the concurrence  of  the  commissioner of  public                                                                    
     safety,  exercise the  powers  of  peace officers  when                                                                    
     those  powers are  specifically granted  by the  board.                                                                    
     Powers granted by  the board under this  section may be                                                                    
     exercised only  when necessary  for the  enforcement of                                                                    
     the criminally  punishable provisions of  this chapter,                                                                    
     other  criminal  statutes  relating  to  substances  or                                                                    
     activities regulated  or permitted under  this chapter,                                                                    
     regulations   of  the   board,  and   other  criminally                                                                    
     punishable laws and regulations relating to marijuana.                                                                     
MS. MILKS  said this paragraph  gives certain  enforcement powers                                                               
to the Marijuana Control Board.                                                                                                 
2:01:45 PM                                                                                                                    
MS.  FRANKLIN  responded  to   Representative  Millett  that  the                                                               
language reflects the  direct copy of language the  ABC Board has                                                               
regarding control  of alcohol.   The ABC  Board does  control the                                                               
possession  of  alcohol  because  if  the  board  is  limited  to                                                               
controlling  only those  individuals who  have licenses  then the                                                               
board's authority  has been  taken away  to shut  down commercial                                                               
enterprises without  licenses.  With  regard to marijuana,  it is                                                               
important when thinking  about the term possession  in that there                                                               
is  a distinction  between personal  possession, which  is in  AS                                                               
17.38.020,  and  what the  voters  intended  with regard  to  the                                                               
sanctity  of personal  possession  of marijuana.   She  explained                                                               
that  in this  case the  discussion  is in  a commercial  context                                                               
where  someone opens  a commercial  marijuana enterprise  without                                                               
following the  rules, without  getting a  license of  which there                                                               
are  already three  examples of  facilities  in the  state.   She                                                               
described the  situation that without enforcement  authority this                                                               
board is unable to act on  something that it was clearly expected                                                               
to  act  on.    She   further  described  that  when  a  business                                                               
advertises  it is  delivering marijuana  the ABC  Board gets  the                                                               
call to shut  that place down because the  individuals who intend                                                               
to apply  for licenses want  to see  everyone on a  level playing                                                               
field. She  opined that it is  very important in the  alcohol and                                                               
marijuana  industry   that  the   board  have   that  enforcement                                                               
authority.   She stated that separate  enforcement really doesn't                                                               
work in real  life as the ABC Board has  five officers statewide,                                                               
and is proposed to be  eight officers statewide with the addition                                                               
of this  substance.  She  noted that  the board works  with local                                                               
law  enforcement  to  ascertain  that  everyone  operating  in  a                                                               
commercial context  is regulated,  is subject  to the  rules, and                                                               
has  a  license.   She  reiterated  that should  the  legislature                                                               
determine  that  the  board  only  has  authority  over  licensed                                                               
business it  completely does away  with the ability of  the board                                                               
to shut  down anyone who  tries to sell  without a license.   She                                                               
further reiterated  that in this  case, possession  is commercial                                                               
possession,  and the  language is  a duplication  of the  type of                                                               
control the ABC Board has over alcohol.                                                                                         
2:05:26 PM                                                                                                                    
CHAIR  LEDOUX asked  whether the  businesses would  be shut  down                                                               
when someone calls law enforcement and everyone is arrested.                                                                    
MS.   FRANKLIN   said  (indisc.)   where   in   the  state   this                                                               
establishment is located  and its priorities.   She described the                                                               
situation  as  frustrating  because   law  enforcement  then  has                                                               
confusion about  what they are  and are not  allowed to do.   She                                                               
emphasized that  the board and  the board's  enforcement officers                                                               
are supposedly the de facto experts  of what is and isn't allowed                                                               
whether it  be around alcohol or  marijuana.  She said  she finds                                                               
herself advising local law enforcement  officers or troopers that                                                               
certain people  need to be shut  down because the board  does not                                                               
have the  ability to do  it themselves.   On those  occasions, it                                                               
depends  upon that  law enforcement  agency's priorities  as many                                                               
times  their  priorities  are shootings,  stabbings,  rapes,  and                                                               
murders.    In  that  regard, if  the  establishment  dealing  in                                                               
marijuana doesn't  rise high  enough on  their priority  list ...                                                               
why not get the kind of action  the state needs in the time frame                                                               
needed on an establishment like that.                                                                                           
2:07:17 PM                                                                                                                    
REPRESENTATIVE  MILLETT  asked  that absent  a  decriminalization                                                               
piece  of legislation,  how would  Ms. Franklin  regulate from  a                                                               
board  if there  are  no possession  limits,  plants limits,  and                                                               
anything set  in stone ...  how does  the board go  forward until                                                               
the legislature  gets to a  point next  session where there  is a                                                               
decriminalization bill.                                                                                                         
2:07:55 PM                                                                                                                    
MS. FRANKLIN answered that in the  event there is not a Marijuana                                                               
Control Board,  it would default  to the  ABC Board and  it would                                                               
use  the  rules  currently  existing  in Title  4,  in  terms  of                                                               
enforcement authorities and powers.   AS 17.38 does provides some                                                               
guidance  regarding a  personal  grow versus  a commercial  grow.                                                               
She explained that  the board has been using current  case law to                                                               
interpret  the   law  the  courts  have   generated  around  what                                                               
constitutes  possession,   joint  possession,   and  constructive                                                               
possession.   She related that  the ABC  Board would like  to see                                                               
the legislature  act, but  the board will  take the  framework of                                                               
the  initiative and  move forward  as  best they  can until  next                                                               
2:09:22 PM                                                                                                                    
REPRESENTATIVE  MILLETT asked  whether the  ABC Board  can arrest                                                               
MS. FRANKLIN  responded that  the ABC  Board has  police officers                                                               
who  hold special  commissions from  the  commissioner of  public                                                               
safety and  have the  ability to make  arrests.   She highlighted                                                               
that  their enforcement  ability  is in  Title  4, AS  04.06.110,                                                               
which   limits   them   to  enforcing   rules   around   alcohol,                                                               
prostitution, and gambling as they  relate to alcohol.  She noted                                                               
there is  a section for  other criminally  punishable provisions.                                                               
In the  event no legislation  is forthcoming, the ABC  Board will                                                               
work  with  the  Department  of   Public  Safety,  regarding  the                                                               
commissions, to ascertain  that it has authority  to regulate the                                                               
substance in the  manner the voters intended, as set  forth in AS                                                               
17.38, she advised.                                                                                                             
2:10:42 PM                                                                                                                    
REPRESENTATIVE FOSTER  referred to  [Sec. 2, AS  17.38.080], page                                                               
2, lines 30-31, which read:                                                                                                     
       (e) The rural member of the board shall reside or                                                                        
      have resided in a rural area for not fewer than 180                                                                       
     days within the five years preceding appointment.                                                                          
REPRESENTATIVE FOSTER said it appears  to him that a person could                                                               
have spent  six months in a  prior five years and  not six months                                                               
in each of the prior five years.                                                                                                
MS. MILKS responded  that his reading was correct as  it would be                                                               
six  months  within the  total  period  of five  years  preceding                                                               
REPRESENTATIVE FOSTER  noted that the  above issue is an  area of                                                               
concern for him.  He referred  to [Sec. 2, AS 17.38.080], page 3,                                                               
lines 21-22, which read:                                                                                                        
           (6) "rural area" means a community with a                                                                            
       population of 6,000 or less as determined under AS                                                                       
REPRESENTATIVE  FOSTER   extended  that  Bethel,  Alaska   has  a                                                               
population  of 6,080,  and  it  is very  much  a  rural area  and                                                               
suggested pumping it up a bit.                                                                                                  
2:12:07 PM                                                                                                                    
REPRESENTATIVE CLAMAN  referred to  page 4,  line 15,  "The board                                                               
shall  control  the cultivation,  manufacture  ..."  and said  he                                                               
understands "control" is in the  ABC Board statute and questioned                                                               
whether there a problem changing the word to "regulate."                                                                        
MS.  MILKS  explained  that the  word  "control"  here  certainly                                                               
encompasses   regulate.     She  remarked   that  in   the  event                                                               
enforcement powers  are given  to the  board as  something beyond                                                               
just regulate,  it would have  the ability to  go in and  say "we                                                               
are shutting  you down,  we're taking  your marijuana  plants, or                                                               
we're  impounding  them,  or  whatever the  response  is."    She                                                               
expressed that control  is a broader range of  response than just                                                               
2:13:10 PM                                                                                                                    
MS.  FRANKLIN commented  that the  voters decided  that should  a                                                               
separate  board  be created  it  would  be called  the  Marijuana                                                               
Control  Board, and  she believes  it is  disingenuous to  say it                                                               
didn't mean control.                                                                                                            
2:13:32 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG  referred   to  an  earlier  discussion                                                               
regarding enforcement  powers under AS 17.38.085,  page 5, [lines                                                               
16-23] and asked whether there  should be a provision that before                                                               
the employees of the board  exercise the duties of peace officers                                                               
that they  are trained and  certified in  some manner.   He asked                                                               
whether  there  should  be authorization  or  a  requirement  for                                                               
training and certification.                                                                                                     
MS. FRANKLIN  answered that currently the  requirement that those                                                               
employees are  peace officers is  in their job description.   The                                                               
minimum qualifications  for those jobs  are written so  that they                                                               
are police officers, and then  they receive a commission from the                                                               
Department of Public Safety.  She  opined that there are a couple                                                               
of safeguards  in place currently  that protect against  the idea                                                               
of  the  department just  hiring  someone  without experience  or                                                               
qualification and  putting them  into this  enforcement position.                                                               
The  applicants must  meet the  minimum qualifications  under the                                                               
administrations  requirement for  getting the  job, and  then the                                                               
commissioner of  public safety has  an additional  opportunity to                                                               
review their qualification, she  explained.  She highlighted that                                                               
should the commissioner of public  safety decline to commission a                                                               
person then the  ABC Board would not have the  individual in that                                                               
job.    She noted  that  historically  they have  employed  these                                                               
officers over the  years under the same language in  Title 4, and                                                               
never had an issue with  individuals not being qualified for that                                                               
2:16:04 PM                                                                                                                    
REPRESENTATIVE GRUENBERG  described his question as  technical as                                                               
to whether language had to be  put into a statute, but it appears                                                               
that for the ABC Board this language is sufficient.                                                                             
MS. FRANKLIN responded "Correct."                                                                                               
2:16:30 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG  pointed out  that  some  of the  terms                                                               
commented on  are due to the  fact that Title 4,  alcohol control                                                               
statutes were written many years  ago when the drafting style was                                                               
possibly a  bit looser.  He  opined that there may  be a revision                                                               
of those  laws and that  possibly as the phraseology  is updated,                                                               
that conforming  amendments are provided  in order to be  in line                                                               
with modern language.                                                                                                           
2:17:43 PM                                                                                                                    
CHAIR LEDOUX held CSHB 123(CRA) over.                                                                                           
2:18:59 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG said  there had  been technical  issues                                                               
the  witnesses   mentioned  of  which   did  not  appear   to  be                                                               
controversial and asked whether  staff would include those issues                                                               
in the committee substitute.                                                                                                    
CHAIR LEDOUX advised that staff may include some of the issues.                                                                 
2:19:28 PM                                                                                                                    
REPRESENTATIVE  CLAMAN related  that  the committee  may want  to                                                               
review page 3,  [line 9], "(2) "immediate family  member" means a                                                               
spouse,  child  or parent."    He  suggested the  description  is                                                               
narrower  than what  is being  applied in  this day  and age  for                                                               
immediate  family members  and that  this was  more a  conceptual                                                               
idea and he didn't have the language.                                                                                           
CHAIR  LEDOUX  asked that  Representative  Claman  work with  her                                                               
2:20:36 PM                                                                                                                    
REPRESENTATIVE    GRUENBERG    referred    to   [Sec.    2,    AS                                                               
17.38.080(h)(6)] page, 3, lines 21-22, which read:                                                                              
            (6) "rural area means a community with a                                                                            
       population of 6,000 or less as determined under AS                                                                       
REPRESENTATIVE GRUENBERG  commented that he is  not familiar with                                                               
that statute but believes it  was the subject of extensive debate                                                               
on the House floor in 1985.   The statute discusses monuments and                                                               
"strange" things the committee may want to review.                                                                              
CHAIR LEDOUX  asked that Representative  Gruenberg work  with her                                                               
[HB 123 was held over.]                                                                                                         

Document Name Date/Time Subjects
AK-Initiative-Text.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
Hb 123 amend H.1.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
Hb 123 H.2.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB 123 Sectional Analysis.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB 123 Transmittal Letter.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB123 CS ver E.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB123 CS ver H.PDF HJUD 4/6/2015 1:00:00 PM
HB 123
HB123 CS ver N.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB123 Fiscal Note - DOA.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB123 Letter of Opposition.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB123 Memo regarding fiscal note revision-DOA.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB123 Supporting Documents - ABC.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB123-DCCED-ABC-03-09-15.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
HB123 Ver A.pdf HJUD 4/6/2015 1:00:00 PM
HB 123
Hotrum v State.pdf HJUD 4/6/2015 1:00:00 PM
SB30 v T.pdf HJUD 4/6/2015 1:00:00 PM
SB 30
CSSSB30 Draft Proposed v Q.pdf HJUD 4/6/2015 1:00:00 PM
SB 30
CSSB30(SFIN) Explanation of Changes.pdf HJUD 4/6/2015 1:00:00 PM
SB 30
CSSB30(FIN) Sectional Analysis Version T.pdf HJUD 4/6/2015 1:00:00 PM
SB 30