05/03/2006 08:30 AM Senate JUDICIARY

           HB 190-REQUIRED ID FOR PURCHASING ALCOHOL                                                                        
                                                                                                                                
9:06:22 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  190(FIN)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
PAUL  LABOLLE,  Staff  to   Representative  Richard  Foster,  and                                                               
REPRESENTATIVE  HARRY  CRAWFORD  introduced  themselves  for  the                                                               
record.                                                                                                                         
                                                                                                                                
MR. LABOLLE offered a proposed  amendment for the bill to capture                                                               
municipality ordinances.                                                                                                        
                                                                                                                                
CHAIR  SEEKINS noted  that the  proposed changes  would apply  to                                                               
version R.                                                                                                                      
                                                                                                                                
9:08:38 AM                                                                                                                    
SENATOR HOLLIS FRENCH asked Mr.  LaBolle whether the bill sponsor                                                               
considered  broader  language that  would  capture  out of  state                                                               
convictions.                                                                                                                    
                                                                                                                                
MR.  LABOLLE responded  they did  consider that  but the  drafter                                                               
advised that it would open up a "legal rats nest."                                                                              
                                                                                                                                
SENATOR FRENCH moved Amendment 1.                                                                                               
                                                      24-LS0617\R.1                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 190(FIN)                                                                                                         
                                                                                                                                
Page 2, line 9:                                                                                                                 
     Delete "or 28.35.032"                                                                                                      
     Insert ", 28.35.032, or a similar municipal ordinance"                                                                     
                                                                                                                                
Page 2, line 10:                                                                                                                
     Delete "or 28.35.032"                                                                                                      
     Insert ", 28.35.032, or a similar municipal ordinance"                                                                     
                                                                                                                                
Page 4, lines 5 - 6:                                                                                                            
     Delete "or 28.35.032"                                                                                                      
     Insert "28.35.032, or a similar municipal ordinance"                                                                       
                                                                                                                                
Page 4, line 7, following "sections":                                                                                           
     Insert "or a similar municipal ordinance"                                                                                  
                                                                                                                                
Hearing no objections, Amendment 1 was adopted.                                                                                 
                                                                                                                                
SENATOR  GENE  THERRIAULT asked  the  type  of restrictions  that                                                               
would be placed on people.                                                                                                      
                                                                                                                                
REPRESENTATIVE CRAWFORD  responded the intent  is not to  limit a                                                               
person from eating at a  particular restaurant but the bill would                                                               
attempt to prevent  that person from buying  alcohol there. Often                                                               
times with  aggravators the  judge orders a  person not  to enter                                                               
premises where alcohol is served  and also not to consume alcohol                                                               
but the intent of the bill  is not to restrict anyone from having                                                               
a meal at a restaurant.                                                                                                         
                                                                                                                                
SENATOR THERRIAULT  noted that he had  a bill that gives  a judge                                                               
the power  to order someone  not to drink  for a period  of, say,                                                               
ten  years. He  asked  Representative Crawford  whether he  would                                                               
consider adding something like that to HB 190.                                                                                  
                                                                                                                                
REPRESENTATIVE CRAWFORD said he would consider it.                                                                              
                                                                                                                                
9:13:28 AM                                                                                                                    
DEAN  GUANELI, Chief  Assistant Attorney  General, Department  of                                                               
Law  (DOL) said  he wanted  to  clarify the  issue involving  the                                                               
scope  of the  convictions that  would  subject a  person to  the                                                               
designation  on their  license. He  agreed with  Amendment 1  but                                                               
expressed a preference  to also capture out  of state convictions                                                               
to the  extent that  the DOL  find out about  them. From  a legal                                                               
standpoint, he  said, it  is important to  make sure  that people                                                               
with other state  restrictions who move to Alaska  be treated the                                                               
same as Alaskans with restrictions.                                                                                             
                                                                                                                                
9:16:18 AM                                                                                                                    
MR.  GUANELI suggested  the  law could  be  challenged since  the                                                               
Alaska  Supreme Court  has  given a  higher  level of  protection                                                               
under the right  to privacy in the Alaska  State Constitution. He                                                               
suggested that the  committee modify the language in  the bill to                                                               
include a similar law in another jurisdiction.                                                                                  
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 9:18:20 AM.                                                                         
                                                                                                                                
9:29:00 AM                                                                                                                    
SENATOR  FRENCH   moved  to  rescind  Amendment   1.  Hearing  no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
SENATOR FRENCH moved  Amendment 2. Use the  language in Amendment                                                               
1 but on lines 3, 7,  11 and 14; strike "municipal ordinance" and                                                               
insert "law  or ordinance from another  jurisdiction." Hearing no                                                               
objections, Amendment 2 was adopted.                                                                                            
                                                                                                                                
CHAIR SEEKINS held HB 190 in committee.                                                                                         
           HB 190-REQUIRED ID FOR PURCHASING ALCOHOL                                                                        
                                                                                                                                
10:01:34 AM                                                                                                                   
CHAIR  RALPH SEEKINS  announced SCS  CSHB 190(JUD)  to be  up for                                                               
consideration. He said  he preferred that the bill  be amended to                                                               
put a penalty on someone who sets a trap for profit.                                                                            
                                                                                                                                
SENATOR HOLLIS  FRENCH moved  SCS CSHB  190 (JUD)  from committee                                                               
with  individual  recommendations   and  attached  fiscal  notes.                                                               
Hearing no objections, the motion carried.