Legislature(2013 - 2014)BARNES 124

03/26/2014 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 370 AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS TELECONFERENCED
Heard & Held
+= HB 281 PRESCRIPTION WITHOUT PHYSICAL EXAMINATION TELECONFERENCED
Heard & Held
*+ HB 336 ALCOHOL SALES NEAR SCHOOL/CHURCH TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 316 WORKERS' COMPENSATION MEDICAL FEES TELECONFERENCED
Moved CSHB 316(L&C) Out of Committee
            HB 336-ALCOHOL SALES NEAR SCHOOL/CHURCH                                                                         
                                                                                                                                
4:36:59 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the final order of  business would be                                                               
the HOUSE  BILL NO. 336, "An  Act relating to sales  of alcoholic                                                               
beverages near a school or church."                                                                                             
                                                                                                                                
4:37:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR,  Alaska   State  Legislature,  as  sponsor,                                                               
stated HB 336 was introduced at  the request of students at Clark                                                               
Middle School.   In her neighborhood several  stores near schools                                                               
sell alcohol,  and some students  have encountered  situations in                                                               
which  they feel  unsafe, including  intoxicated individuals  who                                                               
engage in inappropriate  behavior such as urinating  in public or                                                               
fighting.   These  students discussed  the  issues and  suggested                                                               
this bill as one piece of  that effort, noting students have also                                                               
been working on conditional use  permits for liquor stores.  This                                                               
is  an opportunity  to  think about  the  future and  contemplate                                                               
whether these uses  are compatible uses.  This  bill would extend                                                               
the buffer  zone for alcohol sales  and schools from 200  feet to                                                               
400  feet.   However,  this  isn't  a  new  idea and  bills  were                                                               
previously introduced  in 2001.   Per the National  Conference of                                                               
State  Legislatures  (NCSL),  35  other states  have  a  distance                                                               
restriction, and  of those, 25  have some limitation  between 300                                                               
and  1,000  feet.   Thus,  the  current 200-foot  restriction  is                                                               
relatively low  and 400  feet seemed  to be a  good remedy  for a                                                               
situation in which  uses may not be compatible ones.   The liquor                                                               
businesses  are not  at  fault, and  like  any other  businesses,                                                               
these stores  provide jobs  in the community.   In  addition, she                                                               
offered her appreciation for the  economic impact businesses have                                                               
on the  community; however, in  these instances  the incompatible                                                               
uses has arisen.   Again, this bill would  change the restriction                                                               
for  alcohol sales  from within  200 to  within 400  feet from  a                                                               
public entrance of a church or school.                                                                                          
                                                                                                                                
4:40:33 PM                                                                                                                    
                                                                                                                                
MIKE  COONS stated  that he  is  changing his  testimony from  an                                                               
earlier  e-mail submission,  since  he now  understands why  this                                                               
bill is being brought forward.   He asked whether any issues have                                                               
arisen with respect  to the school, and if so,  he was certain it                                                               
would  have  resulted in  school  lockdowns.   He  also  wondered                                                               
whether  students were  sneaking  out.   Now  that  he is  better                                                               
informed, he  wonders how  many schools will  be affected  and if                                                               
this problem  is a statewide  epidemic.  He asked  whether police                                                               
could patrol the vicinity when  students are likely to be walking                                                               
near the schools.   However, he did  not see the need  for a bill                                                               
to globally  change the distance.   He urged members not  to pass                                                               
the bill and to let the communities make the needed changes.                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  said she appreciated his  comments.  She                                                               
related an  instance in her  community in which the  Wal-Mart was                                                               
built and  applied for a  liquor license.  The  community council                                                               
voted  against it  but the  assembly approved  the license.   She                                                               
said it was tough for the community  to deal with the issue.  She                                                               
appreciated this bill being brought forward.                                                                                    
                                                                                                                                
4:43:26 PM                                                                                                                    
                                                                                                                                
KEIRA NOGGLE, Student,  Clark Middle School, spoke  in support of                                                               
HB 336.   She stated that  preventing a store, bar,  or club from                                                               
serving  or  selling  liquor  within  400 feet  of  a  school  is                                                               
important to  her because  she wants  to feel  safe going  to and                                                               
from school.  She has been  harassed when she has walked past the                                                               
liquor store by inebriated people who  whistled at her.  She said                                                               
that these  inebriates harm  and harass students.   It  is unfair                                                               
that students at  Clark Middle School must go through  this.  She                                                               
urged members to please support HB 336.                                                                                         
                                                                                                                                
4:44:39 PM                                                                                                                    
                                                                                                                                
DEVIN OWENS,  Student, Clark Middle  School, offered  support for                                                               
HB 336, preventing a store, bar,  or club from serving or selling                                                               
liquor within  400 feet of  a school, which is  important because                                                               
intoxicated people do thoughtless things  to youth.  This student                                                               
has personally experienced an intoxicated  person trying to break                                                               
into  a student's  car  while  the car  was  occupied.   Further,                                                               
intoxicated people try to pressure  young adults to drink alcohol                                                               
and also  harass them.   She maintained that Clark  Middle School                                                               
students should not be subjected to the inappropriate behavior.                                                                 
                                                                                                                                
4:45:42 PM                                                                                                                    
                                                                                                                                
MARY WILLOYA,  Student, Clark Middle School,  offered support for                                                               
HB 336.   This is important  because people drink and  sleep near                                                               
the schools  and students  encounter inebriates  as they  walk to                                                               
and from  their homes  and school.   She said  that she  tries to                                                               
avoid the  intoxicated people because  they make her  feel unsafe                                                               
and scared.  She urged members to support HB 336.                                                                               
                                                                                                                                
4:46:34 PM                                                                                                                    
                                                                                                                                
NYA  NUER  BIDIT,  Student,  Clark  Middle  School,  offered  her                                                               
support for HB 336.  This  is important because of drunk driving.                                                               
She has  nearly been hit  by an intoxicated driver  while walking                                                               
home,  which  is not  an  experience  students should  encounter.                                                               
Students should  not have to  encounter intoxicated people.   She                                                               
urged members to support HB 336.                                                                                                
                                                                                                                                
4:47:23 PM                                                                                                                    
                                                                                                                                
ALEXANDER ALVEREZ, Student, Clark  Middle School, offered support                                                               
for HB 336,  as it is important because students  are harassed by                                                               
intoxicated  people who  are constantly  asking for  spare change                                                               
and money.   He said he doesn't want that  to happen to students.                                                               
He urged members to support HB 336.                                                                                             
                                                                                                                                
ALYSHIA PATTERSON, Student, Clark  Middle School, offered support                                                               
for HB  336 because she walks  past both liquor stores  daily and                                                               
is  harassed.   She described  an incident  in which  intoxicated                                                               
people  followed  her and  some  of  her  friends.   They  yelled                                                               
inappropriate things and threw liquor  bottles on the ground that                                                               
nearly injured  her friend.   Even trying to avoid  inebriates by                                                               
turning corners wouldn't stop them.   She offered her belief that                                                               
this  can happen  to any  student walking  home and  she did  not                                                               
think it was fair.  She urged members to support HB 336.                                                                        
                                                                                                                                
4:49:08 PM                                                                                                                    
                                                                                                                                
DWYNE NICKOLS, Student, Clark Middle  School, offered support for                                                               
HB 336.   This  is important  to him  because students  should be                                                               
afforded the same opportunities to  walk in safe neighborhoods as                                                               
other students.  He urged members to support HB 336.                                                                            
                                                                                                                                
4:49:54 PM                                                                                                                    
                                                                                                                                
DAVID COLLINS, Student, Clark Middle  School, offered support for                                                               
HB  336 because  intoxicated people  harass students,  fight, and                                                               
ask for  change.   Many of  them are near  the school  and liquor                                                               
store and  walk on the school  property, which is why  he doesn't                                                               
want liquor stores to be near the school.                                                                                       
                                                                                                                                
4:50:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON asked  whether the  students have  pursued                                                               
the   Municipality  of   Anchorage's  (MOA)   nuisance  provision                                                               
process.    He  said  that  if there  is  a  constant  stream  of                                                               
complaints against a  business the community can  start a process                                                               
to close the business.                                                                                                          
                                                                                                                                
REPRESENTATIVE  TARR responded  that  she and  the students  have                                                               
been  trying to  work through  the permit  renewal process.   She                                                               
referred  to an  article  in members  packets entitled  "Assembly                                                               
requires new  permitting for [two] Mountain  View liquor stores."                                                               
She said that  she has been using the  conditional use provisions                                                               
rather than  attempting to  close the stores  down.   If problems                                                               
can't  be  resolved  using  the   conditional  use  process,  the                                                               
nuisance process  will be the  next step.   She related  that the                                                               
store  owners  have  come  before  the  Mountain  View  Community                                                               
Council  on  several  occasions and  she  appreciated  the  store                                                               
owners'  positions as  responsible  business owners.   She  hoped                                                               
this bill would help keep a future action from happening.                                                                       
                                                                                                                                
4:52:46 PM                                                                                                                    
                                                                                                                                
KEIRA NOGGLE  said that the  students haven't tried  the nuisance                                                               
process but believe the bill is a great bill to pass.                                                                           
                                                                                                                                
4:53:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  said  the  sponsor  indicated  the  local                                                               
community council  has been working  on conditional  use permits;                                                               
however, he recalled  when he worked as a city  manager one store                                                               
was difficult to work with so  a nuisance law was put into place.                                                               
He suggested  the sponsor  could try  parallel tracks  to address                                                               
the  issue  since the  nuisance  process  is different  than  the                                                               
conditional use  permit.   He said one  aspect with  the nuisance                                                               
process  is  that the  police  must  respond to  each  complaint.                                                               
Again, if the  students complain through the  nuisance process it                                                               
would not  interfere with the  conditional use process.   He also                                                               
suggested the nuisance process could  help document the frequency                                                               
of problems.                                                                                                                    
                                                                                                                                
4:54:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON suggested  increasing  the restriction  to                                                               
1,000  feet  and  aim  high  rather  than  to  take  the  minimum                                                               
approach.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TARR  appreciated the support.   She reported that                                                               
most states  restrict alcohol  sales from  300-1000 feet,  so the                                                               
starting point  is 400  feet; however, she  is open  to extending                                                               
the buffer.                                                                                                                     
                                                                                                                                
4:55:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT asked  how  many liquor  stores are  near                                                               
Clark Middle School that would fall within the 400 [feet] area.                                                                 
                                                                                                                                
REPRESENTATIVE TARR  answered two  liquor stores fall  within 400                                                               
feet of  Clark Middle School.   She  said that if  this provision                                                               
was in place, that they would be need to be relocated.                                                                          
                                                                                                                                
4:56:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT asked  whether liquor  store owners  were                                                               
contacted to find out if they were willing to cooperate.                                                                        
                                                                                                                                
REPRESENTATIVE TARR  answered yes;  that a subcommittee  has been                                                               
working on it.   She acknowledged that some  tension exists since                                                               
businesses want  to operate profitable businesses  yet still meet                                                               
the requirements of the law.   However, the businesses were aware                                                               
that students  have encountered intoxicated individuals  and feel                                                               
unsafe.   The liquor stores  have been receptive to  the negative                                                               
community response.   She  reiterated she  has been  working with                                                               
the  business owners  to understand  their position,  noting that                                                               
these stores  are operating  legal businesses.   She  pointed out                                                               
that  this really  highlights the  need for  additional substance                                                               
abuse treatment,  which is a  long-term solution.   She described                                                               
the bill and [nuisance process] as intermediate steps.                                                                          
                                                                                                                                
4:58:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT suggested that  if the liquor store owners                                                               
had children  attending the school  they might  better understand                                                               
the issue.                                                                                                                      
                                                                                                                                
REPRESENTATIVE TARR agreed.                                                                                                     
                                                                                                                                
4:58:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER said he was  not hearing that this problem                                                               
is  statewide problem,  but rather  that  it seems  like a  local                                                               
problem.  He offered his  support for the approach Representative                                                               
Herron suggested.   He  asked whether  the current  liquor stores                                                               
would be grandfathered in under the bill.                                                                                       
                                                                                                                                
REPRESENTATIVE TARR agreed they would be grandfathered in.                                                                      
                                                                                                                                
4:58:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  related  he  did  not  know  much  about                                                               
zoning, but  he was unsure  how effective  the bill would  be for                                                               
new construction for bars.  He  suggested that the patrons of the                                                               
store seem  to be the issue  rather than the store.   He wondered                                                               
how the  additional 200 feet  would address the problem  since it                                                               
doesn't take long to walk that extra distance.                                                                                  
                                                                                                                                
REPRESENTATIVE  TARR  recognizes  this bill  won't  affect  these                                                               
establishments, which is the reason  to simultaneously pursue the                                                               
conditional  use  process.    However   any  current  schools  or                                                               
churches  will not  be  affected  by the  bill,  but  due to  the                                                               
current   discussion   of   charter  schools   and   new   school                                                               
development,  this  bill  identifies  a  problem  that  might  be                                                               
avoided  in the  future.   She  acknowledged that  Representative                                                               
Herron's suggestion  to extend  the buffer  is a  good one.   She                                                               
indicated that incompatible uses can  exist and if 200 feet isn't                                                               
an  adequate  distance, she  agreed  extending  the buffer  could                                                               
help.  This could be a  useful tool worth considering, but she is                                                               
taking other steps to address  the substance abuse, acknowledging                                                               
that although this  bill is not about substance  abuse issues, it                                                               
is one part of several things that can be done.                                                                                 
                                                                                                                                
5:01:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  was unsure how  is this is a  useful tool                                                               
to combat alcohol abuse.                                                                                                        
                                                                                                                                
REPRESENTATIVE TARR said that one  of the things is to discourage                                                               
kids from  abusing alcohol.   She would  like to  shield students                                                               
from  the types  of  experiences they  have  had with  inebriated                                                               
persons  near the  school.   She  suggested  that students  spend                                                               
their  school day  thinking  about  their future  and  how to  be                                                               
responsible,  but   walk  outside  to  see   something  in  stark                                                               
contrast.   She  would prefer  to  have students  walk away  with                                                               
positive messages  to mull over  rather than having  the negative                                                               
encounters  and  potentially  be encouraged  to  try  substances,                                                               
which should be avoided.                                                                                                        
                                                                                                                                
5:03:17 PM                                                                                                                    
                                                                                                                                
PAUL  FUHS, Lobbyist,  Fairview Business  Association, said  that                                                               
the  association has  supported the  bill, but  it is  part of  a                                                               
general  bigger problem.    He  suggested that  if  one store  is                                                               
closed or is restricted it will  show up someplace else.  He said                                                               
that  "we  live  with  this  every day."    He  anticipated  that                                                               
legislators will  hear more and  more of this until  something is                                                               
done  to resolve  it.   He offered  to provide  written comments,                                                               
which suggests a "no sell  list" for habitual problem drinkers to                                                               
focus  on the  problem and  not on  the business.   The  Fairview                                                               
Business   Association  further   suggests  a   case-managed  and                                                               
coordinated treatment program  using alcohol tax funds.   He said                                                               
an increase  in alcohol  taxes was  passed to  provide additional                                                               
funds for treatment.                                                                                                            
                                                                                                                                
5:04:18 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON asked if it was an increase in alcohol tax in 2002.                                                                 
                                                                                                                                
MR. FUHS agreed  the increase was $.10 per drink  with about half                                                               
of the amount currently being spent on treatment.                                                                               
                                                                                                                                
5:04:29 PM                                                                                                                    
                                                                                                                                
MR.  FUHS   said  that  the   Cabaret,  Hotel,   Restaurant,  and                                                               
Retailer's   Association's  (CHARR)   and  the   Municipality  of                                                               
Anchorage's official  position is  that alcohol tax  funds should                                                               
be spent  on treatment.   He characterized the  current situation                                                               
as being unacceptable.                                                                                                          
                                                                                                                                
[HB 336 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB316 Draft Proposed Amendment O.5.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Opposing Documents-Letter CompPharma 3-21-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Supporting Documents-Letter Alaska AFL-CIO.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Opposing Documents-Letter Michael Jensen 1-02-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Supporting Documents-Letter AMLJIA 3-01-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Supporting Documents-Letter Express Scripts 3-21-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 316
HB316 Supporting Documents-Letter Healthcare Solutions 3-11-2014.PDF HL&C 3/26/2014 3:15:00 PM
HB 316
HB336 ver N.PDF HL&C 3/26/2014 3:15:00 PM
HL&C 4/7/2014 3:15:00 PM
HB 336
HB336 Sponsor Statement.pdf HL&C 3/26/2014 3:15:00 PM
HL&C 4/7/2014 3:15:00 PM
HB 336
HB336 Fiscal Note-DCCED-ABC-03-20-14.pdf HL&C 3/26/2014 3:15:00 PM
HL&C 4/7/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Meyer Sponsor Statement.pdf HL&C 3/26/2014 3:15:00 PM
HL&C 4/7/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-News Article ADN Conditional Permitting.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Signed Postcards.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-CHARR Legislative Priorities.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Hotch Letter.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Letters-Assorted-Clark Middle School.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB336 Supporting Documents-Letters-Assorted-Clark Middle School2.pdf HL&C 3/26/2014 3:15:00 PM
HB 336
HB281 Draft Proposed Amendment U.1.pdf HL&C 3/26/2014 3:15:00 PM
HB 281
HB281 Draft Proposed Amendment U.3.pdf HL&C 3/26/2014 3:15:00 PM
HB 281
HB370 Fiscal Note-DOA-RM-03-21-14.pdf HL&C 3/26/2014 3:15:00 PM
HB 370
HB370 Supporting Documents-Health Partners Opiate Drug Screens.pdf HL&C 3/26/2014 3:15:00 PM
HB 370
HB281 Opopsing Documents-Letter State Medical Board 3-18-2014.pdf HL&C 3/26/2014 3:15:00 PM
HB 281
HB336 Supportiing Documents-Fairview Business Association.pdf HL&C 3/26/2014 3:15:00 PM
HB 336