Legislature(2017 - 2018)BARNES 124

02/14/2018 03:15 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 277 BROADBAND INTERNET: NEUTRALITY/REGULATION TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 299 EXTEND: ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Moved CSHB 299(L&C) Out of Committee
+= HB 301 ALCOHOL LIC.: BEV DISPENSARY/RESTAURANT TELECONFERENCED
Moved CSHB 301(L&C) Out of Committee
        HB 299-EXTEND: ALCOHOLIC BEVERAGE CONTROL BOARD                                                                     
                                                                                                                                
3:19:20 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  announced that the  first order of business  would be                                                               
HOUSE BILL  NO. 299,  "An Act extending  the termination  date of                                                               
the  Alcoholic  Beverage  Control  Board; and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
3:19:57 PM                                                                                                                    
                                                                                                                                
LAURA  STIDOLPH, Staff,  Representative Adam  Wool, Alaska  State                                                               
Legislature, introduced HB 299 on  behalf of Representative Wool,                                                               
prime sponsor.   She gave a brief overview of  the proposed bill.                                                               
She  stated HB  301  would extend  the  Alcohol Beverage  Control                                                               
(ABC) Board to June 30, 2022.                                                                                                   
                                                                                                                                
3:21:02 PM                                                                                                                    
                                                                                                                                
CHAIR KITO opened public testimony  on HB 299.  Upon ascertaining                                                               
that no one was available to testify, closed public testimony.                                                                  
                                                                                                                                
3:21:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  moved to  adopt  Amendment  1, labeled  30-                                                               
LS1281\A.2, Bruce, 2/8/18, which read as follows:                                                                               
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "relating to the authority of the director                                                                   
     of the Alcoholic Beverage Control Board;"                                                                                
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
       "* Section 1. AS 04.06.075 is amended by adding a                                                                    
     new subsection to read:                                                                                                    
          (b)  The director is not a member of the board                                                                        
     and may not vote on a matter before the board."                                                                            
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 1, following line 6:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 3. 3 AAC 304.025(c) is annulled."                                                                           
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "This"                                                                                                         
          Insert "Section 2 of this"                                                                                            
                                                                                                                                
CHAIR KITO objected for purposes of discussion.                                                                                 
                                                                                                                                
3:21:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL began to explain  Amendment 1 when an at-ease                                                               
was called.                                                                                                                     
                                                                                                                                
3:21:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:21 p.m. to 3:29 p.m.                                                                       
                                                                                                                                
3:29:50 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  brought the  committee back to  order and  noted that                                                               
Representative  Wool  moved to  adopt  Amendment  1, and  he  had                                                               
objected.                                                                                                                       
                                                                                                                                
REPRESENTATIVE WOOL explained that  Amendment 1 puts into statute                                                               
that the director is not a voting  member of the board.  He noted                                                               
that  it was  previously  in  statute, it  was  rescinded but  it                                                               
stayed on as  a regulation.  He speculated that  it may have been                                                               
an omission and was not removed when the statute was rescinded.                                                                 
                                                                                                                                
3:30:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked  about   the  specifics  of  the                                                               
director's casting vote.                                                                                                        
                                                                                                                                
ERIKA McCONNELL,  Director, Alcohol and Marijuana  Control Office                                                               
(AMCO), answered  questions in the hearing  on HB 299.   She said                                                               
that she had never used the vote  to break a tie.  She stated the                                                               
vote  had  been   removed  from  statute  but   had  remained  in                                                               
regulation.   She said  the board  contains five  members meaning                                                               
that if  one member is  not present, there could  be a tie.   She                                                               
added that should  the vote be removed, the issue  to be voted on                                                               
could be brought  before the board at  a later date or  fail as a                                                               
tie.                                                                                                                            
                                                                                                                                
3:32:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON said  it seemed that the  removal of the                                                               
voting power would not jeopardize her position.                                                                                 
                                                                                                                                
MS. McCONNELL said  the board had authorized her to  use her vote                                                               
at the recent meeting, but it had not come to pass.                                                                             
                                                                                                                                
3:33:04 PM                                                                                                                    
                                                                                                                                
CHAIR  KITO  removed  his  objection.     There  being  no  other                                                               
objections, Amendment 1 was adopted.                                                                                            
                                                                                                                                
3:33:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  stated  that concerns  regarding  the  Open                                                               
Meetings Act had been brought to  his attention.  He added he had                                                               
been  present  at  a  meeting   and  had  observed  an  unnoticed                                                               
executive session.   He asked whether Ms.  McConnell thought that                                                               
was good practice.                                                                                                              
                                                                                                                                
MS.  McCONNELL answered  the board  takes legal  counsel from  an                                                               
assistant attorney  general.  She  shared her  understanding that                                                               
when the board  is taking advice from their lawyer,  the board is                                                               
not required  to meet in  accordance with the Open  Meetings Act.                                                               
She  specified  that the  board  did  not  take board  action  or                                                               
deliberate during  those meetings, only  take legal advice.   She                                                               
added  it  did happen  at  the  most  recent meeting  in  Juneau,                                                               
Alaska.                                                                                                                         
                                                                                                                                
REPRESENTATIVE WOOL  said in  the meeting  he attended  the board                                                               
did not  appear to have counsel  on hand.  He  suggested there be                                                               
an announcement that  the board was going to  confer with counsel                                                               
in executive session.                                                                                                           
                                                                                                                                
MS.  McCONNELL  clarified the  meeting  with  counsel is  not  in                                                               
executive session.  She added  that executive sessions do have to                                                               
be notified.  She spoke to  the meeting in question and explained                                                               
that the  meeting had  been delayed  and the  board had  met with                                                               
their lawyer in that time.                                                                                                      
                                                                                                                                
3:36:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES asked whether there  was a violation of the                                                               
Open Meetings Act.                                                                                                              
                                                                                                                                
MS.  McCONNELL  restated  her understanding  that  there  was  no                                                               
violation  as the  meeting had  not yet  begun, according  to the                                                               
board's lawyer.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  STUTES said  she  thought if  the  meeting had  a                                                               
quorum and executive session was  not announced, there would be a                                                               
violation of the Open Meeting Act.                                                                                              
                                                                                                                                
MS. McCONNELL  said she  would be happy  to get  more information                                                               
together, but the meeting had not yet begun at the time.                                                                        
                                                                                                                                
REPRESENTATIVE STUTES stated  that even if the board  were out to                                                               
dinner, the Open Meeting Act would still apply.                                                                                 
                                                                                                                                
3:38:24 PM                                                                                                                    
                                                                                                                                
CHAIR KITO  said he thought  that applied to  municipal officials                                                               
and would apply differently to the state.                                                                                       
                                                                                                                                
3:38:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether there was  a title change                                                               
with the amendment.                                                                                                             
                                                                                                                                
CHAIR KITO  said there was  a title change.   He said he  did not                                                               
know whether a resolution was  needed given that the title change                                                               
was in the same body.                                                                                                           
                                                                                                                                
REPRESENTATIVE SULLIVAN-LEONARD  suggested the  information about                                                               
the  title change  would be  in the  memorandum from  Legislative                                                               
Legal and Research Services.                                                                                                    
                                                                                                                                
MS.  STIDOLPH said  Legislative Legal  and Research  Services did                                                               
not advise and there was not a memorandum on the title change.                                                                  
                                                                                                                                
3:40:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP asked about  the semi-colon in the amendment                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  JOSEPHSON said  it  did look  like the  amendment                                                               
included the title change.                                                                                                      
                                                                                                                                
3:41:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL moved  to report  HB 299  as amended  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  There being no  objection, HB 299 was reported out                                                               
of the House Labor and Commerce Standing Committee.                                                                             

Document Name Date/Time Subjects
HB299 Support Letters 2.1.18.pdf HL&C 2/14/2018 3:15:00 PM
HB 299
HB299 Wool Amendment A.2 2.8.18.pdf HL&C 2/14/2018 3:15:00 PM
HB 299
HB301 version M.pdf HL&C 2/14/2018 3:15:00 PM
HB 301
HB301 Support Letters 2.12.18.pdf HL&C 2/14/2018 3:15:00 PM
HB 301
HB301 ver M Sectional Analysis 2.12.18.pdf HL&C 2/14/2018 3:15:00 PM
HB 301