Legislature(2017 - 2018)GRUENBERG 120

04/11/2018 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 6:15 pm --
+ HB 230 TELECOMMUNICATIONS & INTERNET PRIVACY TELECONFERENCED
Heard & Held
-- Public Testimony --
+ SB 205 TELECOMMUNICATIONS REGULATION/EXEMPTIONS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 351 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Moved CSHB 351(HSS) Out of Committee
+= HB 336 SUPPORTIVE DECISION-MAKING AGREEMENTS TELECONFERENCED
Moved CSHB 336(JUD) Out of Committee
+= HB 387 AG SCHEDULE CONTROLLED SUBSTANCES TELECONFERENCED
Moved CSHB 387(JUD) Out of Committee
            HB 387-AG SCHEDULE CONTROLLED SUBSTANCES                                                                        
                                                                                                                                
6:15:42 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 387,  "An Act  relating to  scheduled substances;                                                               
relating  to the  Controlled Substances  Advisory Committee;  and                                                               
authorizing  the  attorney  general  to  schedule  substances  by                                                               
emergency  regulation  or  repeal an  emergency  regulation  that                                                               
scheduled a substance."                                                                                                         
                                                                                                                                
6:16:18 PM                                                                                                                    
                                                                                                                                
LIZZIE KUBITZ,  Staff, Representative  Matt Claman,  Alaska State                                                               
Legislature, referred to  [CSHB 387, page 2,  lines 4-11] Section                                                               
1, which read as follows:                                                                                                       
                                                                                                                                
          LEGISLATIVE  INTENT.  It  is  the  intent  of  the                                                                    
     legislature  that, if  a person's  criminal convictions                                                                    
     or  charges  outside  the  state   are  included  in  a                                                                    
     pretrial risk assessment conducted  under AS 33.07, the                                                                    
     result  of that  assessment  will  control the  release                                                                    
     decision  and  the  section of  this  bill  allowing  a                                                                    
     defendant  to be  detained for  48 hours  and directing                                                                    
     presumptive release  on a person's own  recognizance or                                                                    
     on an  unsecured bond  when the  person has  a criminal                                                                    
     conviction or  charge outside the state  will no longer                                                                    
     apply.                                                                                                                     
                                                                                                                                
MS. KUBITZ advised that Sections 2-4 remain unchanged.                                                                          
                                                                                                                                
6:17:26 PM                                                                                                                    
                                                                                                                                
MS.  KUBITZ turned  to Sec.  5, and  advised that  it contains  a                                                               
technical change  as to  the 4/4/18 adopted  Amendment 1  and has                                                               
been  integrated  into the  bill  to  clarify that  the  attorney                                                               
general may schedule a substance  by emergency regulation only if                                                               
the  substance  is  currently  listed  on  a  federal  controlled                                                               
substance schedule.                                                                                                             
                                                                                                                                
MS. KUBITZ advised that Sections 6-7 remain unchanged.                                                                          
                                                                                                                                
6:18:07 PM                                                                                                                    
                                                                                                                                
MS. KUBITZ  turned to Sec. 8,  and advised that it  allows (audio                                                               
difficulties)  if the  person has  (audio difficulties)  that the                                                               
release  of   this  person  will  not   reasonably  ensure  their                                                               
appearance in court or the safety of the community.                                                                             
                                                                                                                                
6:18:59 PM                                                                                                                    
                                                                                                                                
MS. KUBITZ turned to Sec. 9, (audio difficulties).                                                                              
                                                                                                                                
6:19:27 PM                                                                                                                    
                                                                                                                                
MS. KUBITZ turned to Sec. 10, conforming (audio difficulties).                                                                  
                                                                                                                                
6:19:52 PM                                                                                                                    
                                                                                                                                
MS. KUBITZ turned to Sec. 11, (audio difficulties).                                                                             
                                                                                                                                
6:20:15 PM                                                                                                                    
                                                                                                                                
MS.  KUBITZ  turned  to  Sec.  12,  and  advised  that  it  makes                                                               
conforming and  technical changes to the  mandatory conditions of                                                               
release.                                                                                                                        
                                                                                                                                
MS.  KUBITZ  turned  to  Sec.  13,  and  advised  that  it  makes                                                               
conforming changes to clarify that  the court shall consider out-                                                               
of-state convictions when determining the conditions of release.                                                                
                                                                                                                                
MS. KUBITZ  turned to Sec.  14, and  advised that it  changes the                                                               
law so that  when a defendant who would  otherwise be mandatorily                                                               
released  on  their own  recognizance  (OR)  has an  out-of-state                                                               
criminal conviction or  charge that is a felony,  a crime against                                                               
a person,  or a sex crime,  and has not been  used in determining                                                               
the  person's  risk  assessment  under  AS  33.07,  the  judicial                                                               
officer  may require  monetary bail  upon finding  on the  record                                                               
that there is clear and  convincing evidence the other conditions                                                               
are not sufficient to ensure public safety.                                                                                     
                                                                                                                                
MS. KUBITZ turned to Sec. 15, (audio difficulties).                                                                             
                                                                                                                                
6:21:36 PM                                                                                                                    
                                                                                                                                
MS.  KUBITZ  turned  to  Sec.  16,  and  advised  that  it  makes                                                               
conforming changes  to ensure pre-trial services  officers comply                                                               
(audio difficulties) with the court  (audio difficulties) with or                                                               
without a warrant and request  (audio difficulties) violations of                                                               
conditions of release.                                                                                                          
                                                                                                                                
MS.  KUBITZ  turned  to Sec.  17,  [audio  difficulties  continue                                                               
throughout Sections 17-22].                                                                                                     
                                                                                                                                
MS.  KUBITZ turned  to Sec.  23, and  advised that  it integrates                                                               
Amendment  2  [adopted  on 4/4/18]  clarifying  that  any  (audio                                                               
difficulties).                                                                                                                  
                                                                                                                                
6:22:32 PM                                                                                                                    
                                                                                                                                
MS.  KUBITZ  turned to  Sec.  24,  and  advised that  it  remains                                                               
unchanged.                                                                                                                      
                                                                                                                                
MS. KUBITZ turned to Sec. 25,  and advised that it is an indirect                                                               
court  rule   amendment  stating  that  Sections   9-13,  and  AS                                                               
12.30.011(m) enacted by  Section 14, have the  effect of changing                                                               
Criminal Rule 41 by changing release conditions for defendants.                                                                 
                                                                                                                                
MS. KUBITZ  turned to  Sec. 26,  and advised  that it  relates to                                                               
applicability.                                                                                                                  
                                                                                                                                
6:23:05 PM                                                                                                                    
                                                                                                                                
MS.  KUBITZ  turned to  Sec.  27,  and  advised  that it  is  the                                                               
conditional effect.                                                                                                             
                                                                                                                                
MS. KUBITZ turned to Sec. 28,  and advised that it relates to the                                                               
effective date.                                                                                                                 
                                                                                                                                
MS. KUBITZ turned  to Sec. 29, states that Sections  1, 8,15, 16,                                                               
and  25-27  of   this  Act  take  effect   immediately  under  AS                                                               
01.10.070(c).                                                                                                                   
                                                                                                                                
6:23:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  moved to  adopt CSHB  387, Version                                                               
30-LS1461\D as the working document.                                                                                            
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
6:24:01 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives LeDoux,  Kreiss-                                                               
Tomkins, Reinbold,  Kopp, Stutes,  and Claman  voted in  favor of                                                               
the adoption  of CSHB 387,  30-LS1461\D as the  working document.                                                               
Representative Eastman  voted against  it.  Therefore,  CSHB 387,                                                               
Version D was adopted by a vote of 6-1.                                                                                         
                                                                                                                                
6:24:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD commented  that she  reviewed CSHB  387,                                                               
Version D,  and performed a  comparison (audio  difficulties) and                                                               
she   found  the   following  three   valuable  issues   in  this                                                               
legislation: prior  to the attorney  general adding  an emergency                                                               
regulation, the substance  must be on a  federal schedule; (audio                                                               
difficulties) contention  for two  years and she  is happy  it is                                                               
addressed in  this legislation; and out-of-state  convictions can                                                               
be  included, which  is critical.   In  addition, she  said, this                                                               
bill  unshackles the  state's judges  by  offering more  judicial                                                               
discretion, and she will be a yes vote.                                                                                         
                                                                                                                                
6:26:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP commended  Chair Claman  for addressing  the                                                               
following key  pieces of public  safety legislation in  one bill:                                                               
the attorney general's authority  to control dangerous substances                                                               
within the  state's criminal  law that are  causing havoc  on the                                                               
streets;  this   bill  deals   with  the   out-of-state  criminal                                                               
offenses; it  gives the  prosecutors more  time to  make critical                                                               
detention  decisions; it  gives judges  the discretion  they have                                                               
been requesting; a defendant with a misdemeanor from an out-of-                                                                 
state conviction  is no  longer excluded  by the  risk assessment                                                               
tool; and he truly appreciates  the increase in authority for the                                                               
pretrial  officers to  make  arrests and  request  warrants.   He                                                               
described  this legislation  as a  great piece  of public  safety                                                               
legislation and he, again, commended  Chair Claman for moving the                                                               
bill.                                                                                                                           
                                                                                                                                
6:27:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN commented that  this legislation is asking                                                               
the   attorney  general   to  take   on  a   different  type   of                                                               
responsibility than was  previously asked, and he  opined that it                                                               
would be  unexpected to find  an attorney general who  is already                                                               
in  possession of  (audio difficulties)  that the  legislature is                                                               
now  expecting them  to make  decision.   While the  state has  a                                                               
Controlled Substances  Advisory Committee  that can  offer input,                                                               
there  is  nothing in  the  bill  requiring  that that  input  is                                                               
listened  to,  or read.    Under  this  bill, he  commented,  the                                                               
attorney general can simply ignore  that input and issue whatever                                                               
scheduling of  a drug or other  items it feels is  appropriate in                                                               
its  own  discretion,  which  appears  to be  "an  awful  lot  of                                                               
authority" to  give to one  person.  He  said that he  is hopeful                                                               
that authority be well used,  but he believes that experience has                                                               
shown that "that  hope is not always borne out  and that those --                                                               
that large  of a  grant of  authority is likely  to be  abused at                                                               
some point so I am still holding reservations about that."                                                                      
                                                                                                                                
6:28:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP asked whether  Chair Claman would clarify the                                                               
concerns [of  Representative Eastman] or whether  the chair would                                                               
like  Representative Kopp  to clarify  that the  attorney general                                                               
has to  use the  controls of  the Controlled  Substances Advisory                                                               
Committee.                                                                                                                      
                                                                                                                                
CHAIR  CLAMAN clarified  that  as was  discussed  earlier in  the                                                               
amendments, the whole  purpose of the adopted  two amendments was                                                               
to limit  the drugs the attorney  general can list to  those that                                                               
have  already   been  considered   by  the   federal  government.                                                               
Clearly,  that   significantly  limits  the   attorney  general's                                                               
authority.    Also  included  is  the  three-year  sunset  clause                                                               
wherein if  the legislature does not  believe it is a  good idea,                                                               
it  can stop  that authority  at  any point.   In  the event  the                                                               
legislature has  not acted  within three  years, then  it lapses.                                                               
Therefore, in both  of those instances, the  committee is putting                                                               
significant  restrictions on  what actions  can be  taken by  the                                                               
attorney general and, he added,  Attorney General Jahna Lindemuth                                                               
joined the Controlled Substances  Advisory Committee and would be                                                               
fully informed as to the controlled substances at issue.                                                                        
                                                                                                                                
6:30:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  moved to report CSHB  387, Version                                                               
30-LS1461\D,  out of  committee  with individual  recommendations                                                               
and the accompanying fiscal notes.                                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
6:30:29 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Stutes,  LeDoux,                                                               
Kreiss-Tomkins, Reinbold, Kopp, and Claman  voted in favor of the                                                               
passage of  CSHB 387  out of  committee.   Representative Eastman                                                               
voted against it.   Therefore, CSHB 387(JUD) was  reported out of                                                               
the House Judiciary Standing Committee by a vote of 6-1.                                                                        
                                                                                                                                

Document Name Date/Time Subjects
HB230 ver D 4.11.18.PDF HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Sponsor Statement 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Sectional Analysis ver D 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Existing Policies for Consumer Protection - AT&T 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Explanation of Protections - AT&T 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-FCC Federal Regulations Internet Privacy Section 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Internet Privacy BBC Article 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-ACLU 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Internet Privacy BBC Article 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Supporting Document-Pioneer Press Minnesota News 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
HB230 Fiscal Note LAW-CIV 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
SB205 ver U 4.11.18.PDF HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Sponsor Statement 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Summary of Changes 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Sectional Summary 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ATA Executive Summary 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-Modernization Act FAQ 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ATA Letter to RCA 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ATA Supplemental Information 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ATA Response to RCA 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-Copper Valley Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-AP&T Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-AT&T Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-TelAlaska Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-MTA Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ACS Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supprting Document-OTZ Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Supporting Document-ASTAC Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Fiscal Note DCCED-RCA 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
HB230 Supporting Document-Legal Memo - Explanation of Penalties 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
HB 230
SB205 Supporting Document-RCA Staff Analysis 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 Opposing Document-Rep. Guttenberg Letter 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205
SB205 PowerPoint Presentation 4.11.18.pdf HJUD 4/11/2018 1:00:00 PM
SB 205