Legislature(2005 - 2006)HOUSE FINANCE 519
03/08/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB278 | |
| SB210 | |
| SB172 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 278 | TELECONFERENCED | |
| + | SB 172 | TELECONFERENCED | |
| + | SB 210 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 210
An Act relating to the manufacture and transportation
of alcoholic beverages; relating to forfeitures of
property for violations of alcoholic beverage laws; and
relating to violations of alcoholic beverage laws.
HEATHER BRAKES, STAFF, SENATOR GENE THERRIAULT, related that
in 2004, Congress passed legislation recognizing that many
rural communities and their residents face the highest
alcohol abuse and family violence rates in the country. The
Alaska Rural Justice and Law Enforcement Commission was
established and it released a Draft Interim Report that
contains recommendations, including amendments to several
provisions in Alaska statutes. Senate Bill 210 is a
response to some of the recommendations made in that report.
3:01:44 PM
Ms. Brakes pointed out several changes. The first one
allows seizure of alcohol transported by common carrier in
violation of current law. It allows for the authority to
seize property determined to have been purchased or obtained
through the proceeds of illegal importation or sale of
alcohol, and it outlines procedures for a person claiming an
interest in property that has been seized. It also defines
"manufacture" of alcohol and clears up inconsistency in
statutes regarding allowable quantities of alcohol and the
presumption of possession for sale.
Ms. Brakes reported that there are currently over 100
communities in Alaska that have chosen a local option to
limit or ban the sale of alcohol. She referred to the 2004
Annual Drug Report by the Department of Public Safety (copy
on file.) She noted that on pages 7 and 8, bootlegging
remains a lucrative business. SB 210 provides clarity and
consistency in the beverage control statutes in order to
assist law enforcement and communities in fighting the
illegal importation of alcohol.
3:04:41 PM
Representative Hawker inquired about a change from 12 liters
to 10 ½ liters in the provision for possession of distilled
spirits. Ms. Brakes replied that AS 04.11.010(c) in Section
1 is being amended regarding the sale of spirits in order to
make language consistent throughout statutes.
Representative Hawker summarized that this change makes the
provision consistent with other statutory language. He
referred to earlier testimony about forfeiture provisions
and the concern that a person could lose their home. He
inquired about the judicial process related to that
situation. Ms. Brakes explained that the intent of SB 210
is to mirror the controlled substances statutes. Loss of a
person's home was a concern in a previous committee. The
sponsor's concern remains about someone who paid for a home
from proceeds of an illegal activity. That property would
be subject to forfeiture, but there would be court
proceedings to make the determination. Representative
Hawker stated that there would be a judicial process. Ms.
Brakes agreed.
3:08:03 PM
Representative Kerttula noted that she would ask for a legal
opinion about what happens to family members in such a
situation.
DOUG GRIFFIN, ALCOHOL BEVERAGE CONTROL BOARD, DEPARTMENT OF
PUBLIC SAFETY, offered to answer questions.
CAPTAIN ED HARRINGTON, ALASKA STATE TROOPERS, DEPARTMENT OF
PUBLIC SAFETY, also offered to answer questions.
3:09:47 PM
Representative Kelly presented a scenario in a village
involving a common air carrier that lands in a dry village
with illegal alcohol on board before continuing on to a non-
dry village. He asked what the consequences would be for
the plane. Captain Harrington said that is not a problem.
The troopers deal with it when the alcohol reaches the dry
village. Representative Kelly expounded on the possible
scenario when the plane reaches the dry village. He
wondered about an unintended consequence. He suggested
another scenario involving a boat on a river passing by a
dry village and wondered about possible unforeseen
consequences.
Vice Chair Stoltze noted those are valid questions.
Co-Chair Chenault closed public testimony.
3:13:25 PM
Representative Kerttula redirected her question about the
family members of a bootlegging situation to Anne Carpeneti.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
responded that the provision allowing the state to seize and
forfeit items purchased from illegal activity has been in
statute since 1982 and a house has never been seized. The
family is protected under forfeiture law.
Representative Kerttula asked about the family vehicle. Ms.
Carpeneti replied that there are safeguards for those types
of situations.
3:16:04 PM
Representative Kelly asked for a response from Ms. Carpeneti
regarding his previous scenarios. Ms. Carpeneti explained
that there should be no problem in either situation because
the plane and boat would be in transit and the alcohol would
stay on the vessel. There is a statute that requires
labeling of alcohol intended for damp villages.
Representative Hawker noted on page 3 of the bill that
"items of value purchased from the proceeds" are being added
to the list of forfeitures. He wondered if an innocent
person who is paid from illegal proceeds, or given items
purchased by illegal proceeds, is subject to consequences.
Ms. Carpeneti said that situation is also protected by
remission procedures in current law that are not affected by
this bill.
Co-Chair Chenault asked what is being changed regarding
transporting alcohol by common carriers in dry villages.
Ms. Carpeneti said this bill refers only to alcohol that has
been illegally transported in violation to this particular
statute, which has particular labeling requirements.
3:19:08 PM
Representative Kerttula referred to Section 3, the 30 days
notice, and asked if the innocent spouse is included. Ms.
Carpeneti replied that they would have to file a notice of
their interest. She clarified that Section 3 streamlines
procedures when no one files a notice of interest and
addresses civil forfeitures, which don't happen often.
Representative Kerttula asked about the right to a jury
trial. Ms. Carpeneti replied that she thought forfeiture
proceedings were not subject to a jury trial. She suggested
Captain Harrington respond to the question.
Representative Kerttula redirected her question to Captain
Harrington, who replied that he does not know. He said that
most forfeitures have been adjudicated at a criminal trial.
Co-Chair Meyer corrected his statement that the committee
has seen the bill previously.
3:22:50 PM
Co-Chair Chenault MOVED to REPORT SB 210 out of Committee
with individual recommendations and with the accompanying
zero fiscal note. There being NO OBJECTION, it was so
ordered.
SB 210 was reported out of Committee with a "no
recommendation" and with a zero note #1 by the Department of
Public Safety.
3:23:51 PM
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