Legislature(2005 - 2006)BUTROVICH 205
05/03/2006 08:30 AM JUDICIARY
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
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.