Legislature(2011 - 2012)

2012-09-25 House Journal

Full Journal pdf

2012-09-25                     House Journal                      Page 2679
HB 125                                                                                                                        
The following letter dated June 1, 2012, was received:                                                                          
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
On this date, I have signed the following bill passed by the second                                                             
session of the Twenty-Seventh Alaska State Legislature and am                                                                   
transmitting the engrossed and enrolled copies to the Lieutenant                                                                
Governor's Office for permanent filing:                                                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 125(L&C)(efd am)                                                                                     
     "An Act moving the Alcoholic Beverage Control Board to the                                                                 
     Department of Commerce, Community, and Economic                                                                            
     Development and relating to duties of that department; relating to                                                         
     the exercise of peace officer powers granted by the Alcoholic                                                              
       Beverage Control Board; and providing for an effective date."                                                           
                                                                                                                                
     Chapter No. 55, SLA 2012                                                                                                   
     [Effective Date:  July 1, 2012]                                                                                            
                                                                                                                                
                                                                                                                                
The bill moves the Alcohol Beverage Control Board (ABC Board) to                                                                
the Department of Commerce, Community, and Economic                                                                             
Development from the Department of Public Safety. The bill does not                                                             
change the primary statutory duties, enforcement responsibilities, or                                                           
focus of the ABC Board from regulating this industry.                                                                           
                                                                                                                                
Some testimony during legislative hearings expressed concern that                                                               
moving the ABC Board could decrease its enforcement abilities.                                                                  
However, law enforcement agencies, both State and local, will                                                                   
continue to enforce Alaska liquor laws, and the legislative record                                                              
contains testimony that the ABC Board will continue to perform                                                                  
enforcement and oversight duties wherever it is housed. The laws                                                                

2012-09-25                     House Journal                      Page 2680
being enforced by the ABC Board are virtually unchanged by the                                                                  
move - the ABC Board would merely be organized in a different                                                                   
department for administrative purposes only.                                                                                    
                                                                                                                                
I am not convinced that merely moving an independent board for                                                                  
administrative purposes will be detrimental to law enforcement. Nor                                                             
am I convinced that this move will cure all ills identified by the                                                              
legislation's supporters. On balance, however, I am deferring to the                                                            
Legislature's judgment. I assume the ABC Board and law enforcement                                                              
will work together effectively, ensuring enforcement and oversight                                                              
will not be diminished, and the Department of Public Safety will                                                                
continue its mission to vigorously enforce all of Alaska's public safety                                                        
laws.                                                                                                                           
                                                                                                                                
If our underlying information and facts turn out to be different from                                                           
the reality of regulating this industry in the public interest, then I will                                                     
remain open to revisiting the placement, organization, and structure of                                                         
the ABC Board. The Legislature should continue to monitor the bill's                                                            
implementation to assure it has the desired outcomes of balancing                                                               
strict enforcement with the administrative and commercial interests                                                             
related to regulating commerce.                                                                                                 
                                                                                                                               
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"