Legislature(2005 - 2006)HOUSE FINANCE 519

03/24/2006 01:30 PM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL TELECONFERENCED
Moved CSHB 190(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 266 VEHICLE WEIGHTS AND INSURANCE TELECONFERENCED
Moved CSHB 266(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 377 EXEMPTION: RES. BLDG. DRAWINGS & SPECS TELECONFERENCED
Moved CSHB 377(L&C) Out of Committee
-- Testimony <Invitation Only> --
+= SB 172 INITIATIVE/REFERENDUM BALLOT SUMMARY TELECONFERENCED
Moved HCS SB 172(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 278 RETIREMENT SYSTEM BONDS TELECONFERENCED
Moved CSHB 278(FIN) Out of Committee
-- Testimony <Invitation Only> --
HOUSE BILL NO. 190                                                                                                            
                                                                                                                                
     An Act relating  to the purchase of  alcoholic beverages                                                                   
     and  to   requiring  identification  to   buy  alcoholic                                                                   
     beverages;     requiring    driver's    licenses     and                                                                   
     identification  cards  to  be  marked  if  a  person  is                                                                   
     restricted  from  consuming  alcoholic  beverages  as  a                                                                   
     result  of a  conviction  or condition  of probation  or                                                                   
     parole.                                                                                                                    
                                                                                                                                
Vice Chair  Stoltze MOVED to  ADOPT work draft  #24-LS0617\P,                                                                   
Luckhaupt,  3/21/06, as the  version of  the bill before  the                                                                   
Committee.   There being NO OBJECTION, it was adopted.                                                                          
                                                                                                                                
2:23:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRY CRAWFORD,  SPONSOR, deferred comments to                                                                   
his staff, Ms. Beaty.                                                                                                           
                                                                                                                                
HEATHER   BEATY,   STAFF,  REPRESENTATIVE   HARRY   CRAWFORD,                                                                   
highlighted the changes made from  version "X" to version "P"                                                                   
- before the Committee.                                                                                                         
                                                                                                                                
   · Page 2, Lines 9 & 10, references were added to AS                                                                          
     28.35.030  and  28.35.032,   which  clarifies  that  the                                                                   
     intent  of  the  bill,  only   persons  convicted  under                                                                   
     Alaska's  drunken  driving  and  refusal  to  submit  to                                                                   
     breathalyzer,  would receive a  marked license  or State                                                                   
     ID.                                                                                                                        
   · Page 3, Line 3, adds that the description of the mark                                                                      
     on the license reflect, "not  to enter or consume".  The                                                                   
     idea was that could help  the Division of Motor Vehicles                                                                   
     understand  what is needed  on the  actual license.   It                                                                   
     would also provide better  understanding to the business                                                                   
     selling alcohol and what they should be looking for.                                                                       
   · Page 3, Lines 28 & 29, & Page 4, Lines 3 & 4,                                                                              
     incorporates  Amendment   #1  adopted  by   the  Finance                                                                   
     Committee  at the last hearing,  and clarifies  that the                                                                   
     license  must reflect  the  mark and  other  information                                                                   
     that the bill might require.                                                                                               
                                                                                                                                
2:26:28 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer was  encouraged by the support  from the Brown                                                                   
Jug, wholesaler.                                                                                                                
                                                                                                                                
Representative Kelly asked about  the mark on the license and                                                                   
the six-year  time limit.  Representative  Crawford explained                                                                   
that the person would have to  surrender their license at the                                                                   
time stopped  by the police.   The new  license would  have a                                                                   
mark for a prescribed amount of time.                                                                                           
                                                                                                                                
2:27:31 PM                                                                                                                    
                                                                                                                                
Vice  Chair   Stoltze   asked  the  intent   of  Section   1.                                                                   
Representative  Crawford  replied   that  the  responsibility                                                                   
would be  voluntary and  it would  only restrict the  purpose                                                                   
for buying alcohol; it would not  restrict them from entering                                                                   
a premise.                                                                                                                      
                                                                                                                                
2:29:12 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  MOVED to ADOPT Amendment  #2, #24-LS0617\P.2,                                                                   
Mischel,  3/23/06.     Representative  Hawker   OBJECTED  for                                                                   
discussion purposes.                                                                                                            
                                                                                                                                
SUZANNE  CUNNINGHAM,   STAFF,  REPRESENTATIVE   KEVIN  MEYER,                                                                   
explained  that   Amendment  #2   was  drawn  from   concerns                                                                   
regarding a restriction that a  person might have in entering                                                                   
an establishment  that serves  alcohol.  The amendment  would                                                                   
delete  "NEOC" on  Page 3,  Line  3 and  would insert  "ROC",                                                                   
which is  an abbreviation  for "restriction on  consumption".                                                                   
Vice Chair Stoltze commented it  would still allow the person                                                                   
to go to a club but not be served.                                                                                              
                                                                                                                                
Representative  Hawker WITHDREW his  OBJECTION.   There being                                                                   
NO further OBJECTION, Amendment #2 was adopted.                                                                                 
                                                                                                                                
2:31:10 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  MOVED to ADOPT Amendment  #3, #24-LS0617\P.1,                                                                   
Mischel,  3/24/06.     Representative  Hawker   OBJECTED  for                                                                   
discussion purposes.                                                                                                            
                                                                                                                                
Ms.    Cunningham   explained    Amendment   #3,    addresses                                                                   
identification  (I.D.) cards.   She was  concerned that  if a                                                                   
person  was  restricted  from consumption,  the  card  should                                                                   
contain a mark  during the person's probation  or duration of                                                                   
parole.   The  amendment only  applies to  driving under  the                                                                   
influence of alcohol or controlled  substances and refusal to                                                                   
submit to a  Breathalyzer or chemical test.   Drivers license                                                                   
is usually the  first thing taken at that time.   To meet the                                                                   
intent of the bill, the license  should contain a restriction                                                                   
on consumption during the period  of probation and/or parole.                                                                   
The  amendment  would  help  tighten  up  those  concerns  by                                                                   
indicating the restriction.                                                                                                     
                                                                                                                                
Representative Crawford was okay with the amendment.                                                                            
                                                                                                                                
Representative  Hawker WITHDREW his  OBJECTION.   There being                                                                   
NO further OBJECTION, Amendment #3 was adopted.                                                                                 
                                                                                                                                
2:33:45 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer MOVED  to ADOPT  conceptual  Amendment #4  to                                                                   
Page 3,  Line 31,  deleting "Department  of Corrections"  and                                                                   
inserting  "Alaska  Parole  Board".    Representative  Hawker                                                                   
OBJECTED for discussion purposes.                                                                                               
                                                                                                                                
Ms.   Cunningham  explained   that   Amendment  #4   provides                                                                   
clarification submitted by the Department of Corrections.                                                                       
                                                                                                                                
Representative  Crawford stated  that  he supports  Amendment                                                                   
#4.                                                                                                                             
                                                                                                                                
Representative Hawker inquired  if it would be appropriate to                                                                   
indicate  the  Alaska  Parole  Board  or  the  Department  of                                                                   
Corrections.   Ms. Cunningham  responded that the  conceptual                                                                   
amendment would remain with that  intent depending on how the                                                                   
duties were divided between the two.                                                                                            
                                                                                                                                
Ms.  Beaty  advised  that language  came  directly  from  the                                                                   
Department  of  Corrections  and  the  instructions  were  to                                                                   
replace the language.                                                                                                           
                                                                                                                                
2:36:23 PM                                                                                                                    
                                                                                                                                
Representative  Hawker WITHDREW his  OBJECTION.   There being                                                                   
NO further OBJECTION, conceptual Amendment #3 was adopted.                                                                      
                                                                                                                                
Co-Chair Meyer  MOVED to ADOPT Amendment #5.   Representative                                                                   
Hawker OBJECTED for the purposes of discussion.                                                                                 
                                                                                                                                
Ms. Cunningham  explained that Amendment #5  would accomplish                                                                   
the  needed   changes  to  address  technical   and  drafting                                                                   
concerns and  would clarify the  condition of parole  for the                                                                   
conviction of those crimes.                                                                                                     
                                                                                                                                
Representative  Hawker WITHDREW his  OBJECTION.   There being                                                                   
NO further OBJECTION, Amendment #5 was adopted.                                                                                 
                                                                                                                                
2:37:52 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer pointed  out that the  largest wholesaler  in                                                                   
the State  of Alaska  supports the bill.   He applauded  that                                                                   
costs had been reduced.                                                                                                         
                                                                                                                                
Representative  Kelly asked if  there would be  any liability                                                                   
to  a  vendor  if  they had  not  checked  the  ID  and  then                                                                   
something 'bad' occurred.  Representative  Crawford stated it                                                                   
was not the  intent of the legislation to place  liability on                                                                   
a vendor.  The responsibility rests on the offender.                                                                            
                                                                                                                                
Representative  Hawker applauded the  amount of work  done on                                                                   
the  bill, but  maintained his  reservations on  the kind  of                                                                   
policy being proposed.                                                                                                          
                                                                                                                                
2:41:46 PM                                                                                                                    
                                                                                                                                
Representative  Crawford  acknowledged  that there  had  been                                                                   
much deliberation  on that  concern and  that the mark  would                                                                   
remain  during the  time the person  was on  orders from  the                                                                   
Court.  He stated  the merits keeping people  with a drinking                                                                   
problem during  the specified  time of  their probation.   He                                                                   
stressed the  number of people  harmed and/or killed  and the                                                                   
amount of expense to the State.                                                                                                 
                                                                                                                                
Representative  Hawker worried  about  protection issues  and                                                                   
thought the  legislation would  predominately be  enforced on                                                                   
young  people; seniors  are  rarely carded.    Representative                                                                   
Crawford  acknowledged  that not  every  establishment  would                                                                   
check ID's.                                                                                                                     
                                                                                                                                
2:46:20 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  REPORT CS HB 190 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.                                                                                                      
                                                                                                                                
CS HB  190 (FIN)  was reported  out of  Committee with  a "no                                                                   
recommendation" and  with zero note  #2 by the  Department of                                                                   
Administration  and indeterminate note  #3 by the  Department                                                                   
of Administration.                                                                                                              
                                                                                                                                
2:47:04 PM                                                                                                                    

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