Legislature(2007 - 2008)BELTZ 211

04/23/2007 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 150 CRIMES AT DOMESTIC VIOLENCE SHELTERS TELECONFERENCED
Moved SB 150 Out of Committee
+ SB 128 ALCOHOL LOCAL OPTION PROVISIONS TELECONFERENCED
Heard & Held
*+ SB 141 LIMITED LIABILITY COMPANIES TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 78 MOTOR VEHICLE WINDOW TINTING
Moved CSSB 78(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 23, 2007                                                                                         
                           1:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Bill Wielechowski                                                                                                       
Senator Lesil McGuire                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gene Therriault                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 150                                                                                                             
"An Act relating to an aggravating factor at sentencing for                                                                     
crimes committed at certain shelters and facilities."                                                                           
     MOVED SB 150 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 128                                                                                                             
"An  Act relating  to  the sale,  distribution,  and purchase  of                                                               
alcoholic beverages; relating to a  state database for records of                                                               
certain alcoholic  purchases of alcoholic beverages;  relating to                                                               
procedures for  local option elections  for control  of alcoholic                                                               
beverages; and providing for an effective date."                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 141                                                                                                             
"An Act relating to limited liability companies."                                                                               
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 78                                                                                                              
"An Act relating to the installation of window tinting in                                                                       
automobiles."                                                                                                                   
     MOVED CSSB 78(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 150                                                                                                                  
SHORT TITLE: CRIMES AT DOMESTIC VIOLENCE SHELTERS                                                                               
SPONSOR(s): SENATOR(s) DAVIS                                                                                                    
                                                                                                                                
03/30/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/30/07       (S)       HES, JUD                                                                                               
04/18/07       (S)       HES AT 2:00 PM BELTZ 211                                                                               
04/18/07       (S)       Moved SB 150 Out of Committee                                                                          
04/18/07       (S)       MINUTE(HES)                                                                                            
04/20/07       (S)       HES RPT 3DP                                                                                            
04/20/07       (S)       DP: DAVIS, ELTON, COWDERY                                                                              
04/23/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: SB 128                                                                                                                  
SHORT TITLE: ALCOHOL LOCAL OPTION PROVISIONS                                                                                    
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
03/19/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/07       (S)       CRA, JUD, FIN                                                                                          
03/27/07       (S)       CRA AT 3:30 PM BELTZ 211                                                                               
03/27/07       (S)       Moved CSSB 128(CRA) Out of Committee                                                                   
03/27/07       (S)       MINUTE(CRA)                                                                                            
03/28/07       (S)       CRA RPT CS 3DP   NEW TITLE                                                                             
03/28/07       (S)       DP: OLSON, THOMAS, KOOKESH                                                                             
04/23/07       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DONNA FLEAGLE, Staff to Senator Davis                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:   Introduced SB 150 for the sponsor.                                                                      
                                                                                                                                
CRIS ASHENBRENNER, Interim Program Administrator                                                                                
Council on Domestic Violence & Sexual Assault                                                                                   
Department of Public Safety                                                                                                     
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Spoke in support of SB 150                                                                               
                                                                                                                                
SARALYN TABACHNICK, Executive Director                                                                                          
AWARE Shelter                                                                                                                   
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Spoke in support of SB 150                                                                               
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, AK                                                                                                                      
POSITION STATEMENT:   Responded to questions related to SB 150                                                                
and SB 128.                                                                                                                     
                                                                                                                                
GINNY AUSTERMAN, Staff to Senator Olson                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced SB 128 for the sponsor.                                                                       
                                                                                                                                
TALIS COLBERG, Attorney General                                                                                                 
Co-Chair, Alaska Rural Justice and Law Enforcement Commission                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Supported SB 128.                                                                                         
                                                                                                                                
LORETTA BULLARD, President                                                                                                      
Kawerak, Inc.                                                                                                                   
Nome, AK                                                                                                                        
POSITION STATEMENT:  Supported SB 128.                                                                                        
                                                                                                                                
CASEY REYNOLDS, Economic Development Planner                                                                                    
City of Wasilla, AK                                                                                                             
POSITION STATEMENT:  Supported SB 128.                                                                                        
                                                                                                                                
DOUG GRIFFIN, Director                                                                                                          
Alcoholic Beverage Control Board                                                                                                
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Supported SB 128.                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to order at 1:32:28  PM. Present at the call to                                                             
order  were  Senator  Huggins, Senator  Wielechowski,  and  Chair                                                               
French.                                                                                                                         
                                                                                                                                
          SB 150-CRIMES AT DOMESTIC VIOLENCE SHELTERS                                                                       
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 150.                                                                             
                                                                                                                                
1:33:04 PM                                                                                                                    
DONNIE FLEAGLE, Legislative Intern to Senator Davis, relayed                                                                    
that SB 150 is in response to an event at the Juneau AWARE                                                                      
Center. She stated the following:                                                                                               
                                                                                                                                
     Domestic   violence   is    a   serious,   significant,                                                                    
     preventable public health  challenge for Alaska. Alaska                                                                    
     has the  distinction of  being in  the top  five states                                                                    
     for per  capita domestic  violence rates.  And Alaska's                                                                    
     women are  being killed by  their partners at  the rate                                                                    
     of  1.5  times the  national  average.  In 2005  Alaska                                                                    
     shelters provided services to 8,793 clients.                                                                               
                                                                                                                                
     This bill will  not solve this social  ill. However, it                                                                    
     will bring attention to  protecting victims of domestic                                                                    
     violence and  will serve to  draw the  general public's                                                                    
     attention  to  the  need  for  social  change  and  the                                                                    
     responsibility we  all have as citizens  to protect the                                                                    
     most vulnerable of populations.                                                                                            
                                                                                                                                
     Over time this learned behavior  will change when it is                                                                    
     generally  known  that  such  behavior  can  result  in                                                                    
     additional time spent  incarcerated. Anchorage has seen                                                                    
     that over time  rape is committed without the  use of a                                                                    
     weapon  because it  is known  that should  a weapon  be                                                                    
     used, the  stakes go up considerably.  This legislation                                                                    
     will give courts the ability  to impose additional time                                                                    
     above and beyond the  presumptive sentence for felonies                                                                    
     committed on  the premises of  a shelter or  a facility                                                                    
     providing services  to victims of domestic  violence or                                                                    
     sexual assault.                                                                                                            
                                                                                                                                
     Passage of SB  150 provides a tool that can  be used to                                                                    
     send a  message that  crimes committed on  the premises                                                                    
     of  a  shelter  or  a facility  providing  services  to                                                                    
     victims  of domestic  violence  or  sexual assault  are                                                                    
     deserving  of  the  maximum allowable  punishment.  And                                                                    
     that   the  safety   that  is   expected  in   such  an                                                                    
     environment will be enforced and respected.                                                                                
                                                                                                                                
     The language in this  bill was left purposefully broad,                                                                    
     allowing the  courts of each jurisdiction  to determine                                                                    
     the definition  of facilities and  services. If  such a                                                                    
     word  as "residential"  were to  be inserted,  it would                                                                    
     eliminate STAR,  a rape crisis  center. It is  not tied                                                                    
     to particular  facilities or services.  Victims receive                                                                    
     services   in  other   places  and   are  entitled   to                                                                    
     protection. In  rural Alaska there are  recognized safe                                                                    
     homes, which do  not receive funds from  the Council on                                                                    
     Domestic Violence. In this  instance, again, the courts                                                                    
     determine the definitions.                                                                                                 
                                                                                                                                
1:36:00 PM                                                                                                                    
SENATOR HUGGINS asked how other states address the issue.                                                                       
                                                                                                                                
MS. FLEAGLE said Minnesota statute  makes it a gross misdemeanor,                                                               
but  it  does  not  add   aggravating  factors.  She  called  the                                                               
Department   of  Justice   and   reviewed   the  National   Crime                                                               
Victimization Survey  and found that felonies  that are committed                                                               
at  shelters are  not  broken  out so  it's  difficult to  gather                                                               
statistics.                                                                                                                     
                                                                                                                                
CHAIR  FRENCH mused  about the  purposefully  broad language  and                                                               
said  although he  has some  qualms, this  will probably  be used                                                               
only when  a crime is  committed on  the grounds of  a recognized                                                               
shelter.                                                                                                                        
                                                                                                                                
MS. FLEAGLE said  in rural Alaska federal funds  are provided for                                                               
safe homes  and in those small  communities they are known  to be                                                               
places  of  refuge. It  would  be  up  to local  jurisdiction  to                                                               
determine if that is a recognized shelter or facility, she said.                                                                
                                                                                                                                
1:39:20 PM                                                                                                                    
CHAIR FRENCH opened public testimony.                                                                                           
                                                                                                                                
CHRIS  ASHENBRENNER, Interim  Program  Administrator, Council  on                                                               
Domestic Violence  & Sexual Assault,  Juneau, told  the committee                                                               
that   she  submitted   written   testimony.   We  support   this                                                               
legislation and believe  it's important to send  the message that                                                               
committing a crime at a  safe haven warrants something "extra" in                                                               
terms of holding the perpetrator accountable, she said.                                                                         
                                                                                                                                
She was at the AWARE shelter  when the perpetrator tried to break                                                               
in  several years  ago.  The  perpetrator did  not  get into  the                                                               
shelter,  but he  wasn't  held accountable  for  going after  the                                                               
victim who  was in safe shelter,  for putting others at  risk, or                                                               
for re-traumatizing  other victims. She encouraged  the committee                                                               
to pass the bill because it sends a strong message.                                                                             
                                                                                                                                
1:41:54 PM                                                                                                                    
SARALYN  TABACHNICK, Executive  Director, AWARE  Shelter, Juneau,                                                               
spoke in  support of SB  150. There  is a higher  expectation and                                                               
need  for  safety  for  this  high  risk  population,  she  said.                                                               
Referring to  the 2005 break in  at the shelter, she  said it was                                                               
traumatic for  everyone involved. Passing this  bill will promote                                                               
increased  safety for  victims of  domestic  violence and  sexual                                                               
assault  and  it  will  hold   batterers  accountable  for  their                                                               
behaviors, she stated.                                                                                                          
                                                                                                                                
1:43:48 PM                                                                                                                    
LINDA STANFORD,  Program Director, Artic Women  in Crisis (AWIC),                                                               
Barrow, spoke  in support of  SB 150.  This is an  opportunity to                                                               
provide  tools  for  prosecutors  and others  to  hold  offenders                                                               
accountable, she  said. Safety is  always a primary  goal because                                                               
without  it  you  can't  provide   crisis  intervention  or  help                                                               
children  report sexual  abuse. In  2006 AWIC  provided close  to                                                               
3,000 safe  shelter nights for  women and children at  the Barrow                                                               
facility. That figure  does not include shelter  provided in safe                                                               
homes in outlying villages.                                                                                                     
                                                                                                                                
When the Dillingham  shelter director was asked  how she measures                                                               
success, she  said it's  the children. They  arrive full  of fear                                                               
and it takes  time before they feel safe enough  to want to play.                                                               
But it's  not just  children; it  takes time  for all  victims to                                                               
feel safe again. She related  several traumatizing events at AWIC                                                               
to  demonstrate how  an entire  facility can  be impacted  when a                                                               
perpetrator tries  to gain access  to a shelter. We  have cameras                                                               
and other security  features at the facility here  in Barrow, but                                                               
safe  homes in  the villages  don't have  those luxuries.  Please                                                               
take the safe  homes into consideration when you  look at passing                                                               
SB 150, she said. They do need additional protections.                                                                          
                                                                                                                                
1:50:33 PM                                                                                                                    
CHAIR FRENCH  noted that  there are letters  of support  from the                                                               
Alaska  Network  on Domestic  Violence  and  Sexual Assault,  Ms.                                                               
Ashenbrenner, Virginia  Walsh who  is a  clinician at  the Arctic                                                               
Women in  Crisis, and Nellie  Sears who  provides a safe  home in                                                               
Point Hope.                                                                                                                     
                                                                                                                                
SENATOR HUGGINS recalled that similar  measures had been taken to                                                               
make school  sites safe.  Musing about  a young  Georgia football                                                               
player who  received what many  believe to be an  unusually harsh                                                               
sentence and a  hypothetical defendant who breaks  into a shelter                                                               
believing it's  a private  home, he  said he  would hate  to have                                                               
unintended consequences related to the aggravator.                                                                              
                                                                                                                                
SENATOR  McGUIRE asked  if  mental intent  language  is used  for                                                               
aggravators. She  suggested amending  the bill  to make  it clear                                                               
that this  applies to  a defendant who  committed the  offense on                                                               
the  premises  with the  intent  to  threaten  or harm  staff  or                                                               
victims. The  idea is to  avoid the unintended  consequences that                                                               
Senator Huggins is referring to, she said.                                                                                      
                                                                                                                                
1:53:38 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law, Juneau, advised  that this isn't a concern for                                                               
factors in  aggravation and  mitigation. These  are discretionary                                                               
factors that  the court uses  in the particular  situation that's                                                               
involved, she said.                                                                                                             
                                                                                                                                
CHAIR FRENCH  said under Senator Huggins'  hypothetical scenario,                                                               
the  sentencing  judge  could  decide   what  way  to  apply  the                                                               
aggravator and proceed accordingly.                                                                                             
                                                                                                                                
MS. CARPENETI  said yes, and  Alaska judges usually have  lots of                                                               
common sense.                                                                                                                   
                                                                                                                                
SENATOR McGUIRE recalled  that knowingly is the  mental intent so                                                               
it would be the defendant knowingly committed the offense.                                                                      
                                                                                                                                
MS. CARPENETI suggested you'd say  "committed the offense knowing                                                               
that it was a shelter."                                                                                                         
                                                                                                                                
1:55:25 PM                                                                                                                    
SENATOR McGUIRE  motioned to  report SB  150 from  committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
Brief recess to sign paperwork.                                                                                                 
                                                                                                                                
             SB 128 ALCOHOL LOCAL OPTION PROVISIONS                                                                         
                                                                                                                                
1:59:30 PM                                                                                                                    
CHAIR FRENCH  announced the  consideration of  SB 128  by Senator                                                               
Donny Olson. Before the committee was CSSB 128(CRS).                                                                            
                                                                                                                                
GINNY  AUSTERMAN, Staff  to  Senator Olson,  sponsor  of SB  128,                                                               
explained  that the  bill requires  the Alcohol  Beverage Control                                                               
(ABC) Board to create and  maintain a database so that businesses                                                               
that sell  alcoholic beverages can  keep track of  written orders                                                               
for  alcohol shipped  to a  buyer.  Whenever a  written order  is                                                               
received  from  a resident  of  a  damp  local option  area,  the                                                               
package  store  licensee  is required  to  consult  the  database                                                               
before  filling the  order  to  ensure that  the  person has  not                                                               
already ordered  his or her quota  for that month. The  order may                                                               
only be shipped to the residence  of the person placing the order                                                               
or to a community delivery site  if there is one. Also, reselling                                                               
the alcohol to  another person in the community would  be a class                                                               
A misdemeanor.                                                                                                                  
                                                                                                                                
MS. AUSTERMAN  stated that having  the information in  a database                                                               
will  prevent bootleggers  from  ordering  from multiple  package                                                               
stores  in violation  of  the local  option.  Information in  the                                                               
database  will  be  available  only to  package  stores  and  law                                                               
enforcement and none of the information would be public.                                                                        
                                                                                                                                
SB 128 also contains a provision  to correct an omission in state                                                               
law. Organized  boroughs would be  allowed to transfer  a borough                                                               
liquor license  to a community  within the borough that  has used                                                               
its allotment of liquor licenses.                                                                                               
                                                                                                                                
2:01:51 PM                                                                                                                    
TALIS COLBERG, Attorney General and  Co-Chair of the Alaska Rural                                                               
Justice  Commission,  said the  commission  has  focused on  four                                                               
areas  of   concern  in   the  past   two  years,   with  alcohol                                                               
interdiction as one. He explained  that the commission has formed                                                               
working groups across  the state and came up  with action options                                                               
including the provisions  in SB 128. The bill  seeks to interdict                                                               
alcohol  in  Alaska  villages  with   a  statewide  database  for                                                               
tracking  alcohol  purchases  and  shipments  to  damp  villages.                                                               
Another  feature  addresses  possession of  the  ingredients  for                                                               
homebrew coupled  with the concept  of intent. He  reiterated the                                                               
Rural Justice  Commission and the  Department of Law  support the                                                               
bill as an effort to address a major problem in rural Alaska.                                                                   
                                                                                                                                
2:05:54 PM                                                                                                                    
SENATOR  McGUIRE referred  to page  5, bill  section 10  and said                                                               
it's difficult to prove intent when  a person is in possession of                                                               
ingredients that  could be  used to  make an  alcoholic beverage.                                                               
She asked why it's important to  include "with the intent" and if                                                               
it could be proved.                                                                                                             
                                                                                                                                
ATTORNEY  GENERAL COLBERG  offered  the view  that that  language                                                               
provides a tool that gives  more options. What's more problematic                                                               
in  rural  Alaska  is  enforcement because  somebody  has  to  be                                                               
available to look into the situation, he added.                                                                                 
                                                                                                                                
2:08:07 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department of  Law, agreed.  It will be  difficult to  prove, but                                                               
when there  is proof it will  probably be good to  have that tool                                                               
available.                                                                                                                      
                                                                                                                                
CHAIR FRENCH said he takes it  that the possession of homebrew is                                                               
illegal because it's an alcoholic  beverage, so the likely charge                                                               
would be knowing possession. You wouldn't have to prove intent.                                                                 
                                                                                                                                
MS. CARPENETI agreed. The possession  of ingredients for homebrew                                                               
only applies to dry communities, she added.                                                                                     
                                                                                                                                
CHAIR FRENCH  said it's nearly beyond  comprehension that someone                                                               
would be prosecuted for the  possession of sugar or yeast without                                                               
there being  a bucket  of homebrew  nearby. Skepticism  aside, he                                                               
said that as a former prosecutor  he's happy to provide a tool if                                                               
it's  needed.  He  then  asked  if  AS  04.11.499(b)  essentially                                                               
addresses buying alcohol in a dry community.                                                                                    
                                                                                                                                
2:09:50 PM                                                                                                                    
MS. CARPENETI  clarified that  bootlegging is  a class  C felony,                                                               
but under this provision the  person who buys from the bootlegger                                                               
would be guilty of a class A misdemeanor.                                                                                       
                                                                                                                                
CHAIR  FRENCH asked  if before  this it  was not  a crime  to buy                                                               
alcohol in a dry community.                                                                                                     
                                                                                                                                
MS.   CARPENETI  answered   this   would  apply   more  in   damp                                                               
communities. A person who buys  alcohol from a bootlegger knowing                                                               
that is was  brought in illegally, could be  convicted under this                                                               
new section, she said.                                                                                                          
                                                                                                                                
CHAIR  FRENCH recapped  that  it's  a class  C  felony to  import                                                               
alcohol in  violation of a  local option.  He then asked  if it's                                                               
illegal to possess alcohol in a dry community.                                                                                  
                                                                                                                                
MS.  CARPENETI  said  yes,  but  under current  law  it  may  not                                                               
necessarily  be  illegal  to  possess it  in  a  damp  community.                                                               
Purchasing alcohol from a bootlegger  knowing that it was brought                                                               
in  illegally  would   be  a  class  A   misdemeanor  under  this                                                               
provision.  Normally  Title 4  doesn't  have  penalties but  this                                                               
exception  is to  clarify  that the  purchase  of the  bootlegged                                                               
liquor  is an  A  misdemeanor as  opposed  to bootlegging  itself                                                               
which is a class C felony."                                                                                                     
                                                                                                                                
CHAIR FRENCH  summarized that bill  section 12 is about  a person                                                               
who buys alcohol  in a damp community from a  person who is known                                                               
to be a bootlegger.                                                                                                             
                                                                                                                                
MS. CARPENETI nodded.                                                                                                           
                                                                                                                                
2:12:42 PM                                                                                                                    
LORETTA BULLARD,  President, Kawerak,  Inc., Nome, said  she also                                                               
serves  on   the  Alaska  Rural   Justice  and   Law  Enforcement                                                               
Commission representing  a VPSO  contractor. Stating  support for                                                               
SB  128, she  said that  many of  rural Alaska's  social problems                                                               
revolve  around  alcohol  and  substance  abuse.  Those  problems                                                               
include:  suicide,  homicide,  child sexual  abuse  and  physical                                                               
neglect,  FAE and  FAS, domestic  violence, and  accidental death                                                               
and injuries.  She estimates  that 90 percent  of the  inmates in                                                               
Alaska  correctional facilities  are  serving  time for  offenses                                                               
conducted under  the influence of alcohol,  for consuming alcohol                                                               
while  on  probation, or  for  importing  or brewing  alcohol  in                                                               
violation of local option laws.                                                                                                 
                                                                                                                                
MS. BULLARD  said that many of  the provisions in SB  128 include                                                               
the practical  solutions developed as  part of the  Rural Justice                                                               
and Law Enforcement  work group process. Noting that  the bill is                                                               
weighted to address the supply  side of the issue, she encouraged                                                               
the  legislature  to  make resources  available  to  address  the                                                               
demand for and treatment of  alcohol and substance abuse. Address                                                               
the problem  before hand  as opposed to  locking people  up after                                                               
the fact. She  highlighted that her written  testimony included a                                                               
list of  options that  were developed by  the alcohol  work group                                                               
and she  wants the committee to  know there are many  more ideas,                                                               
including early intervention.                                                                                                   
                                                                                                                                
MS. BULLARD noted  that the commission asked  the legislature for                                                               
stop-gap  funding  to allow  continued  work  and she  encourages                                                               
members to honor that request.                                                                                                  
                                                                                                                                
2:15:55 PM                                                                                                                    
CASEY REYNOLDS,  Economic Development  Planner, City  of Wasilla,                                                               
said his testimony  relates to the relocation  of liquor licenses                                                               
within  boroughs into  incorporated  cities.  Wasilla is  growing                                                               
rapidly  and  a great  deal  of  investment  is coming  into  the                                                               
community.  The problem  is that  only  four beverage  dispensary                                                               
licenses  are  available  for  use   in  the  community  so  it's                                                               
difficult  to  attract  new  restaurants.   The  value  of  these                                                               
licenses is  in the  mid-six figures,  which is  cost prohibitive                                                               
even for national chains.                                                                                                       
                                                                                                                                
MR. REYNOLDS pointed out that  restaurants need city services for                                                               
water, sewer, fire,  and police so they won't locate  in the area                                                               
unless  they can  be  within  the city  limits.  It's a  Catch-22                                                               
situation because  they won't  go outside  the city  limits where                                                               
there  aren't services,  but they  can't locate  within the  city                                                               
limits because  they can't obtain a  beverage dispensary license.                                                               
To address this  problem, Wasilla has crafted  a solution whereby                                                               
licenses allocated to  the borough could be used  inside the city                                                               
as long as  both the borough and the city  are in agreement. This                                                               
allows  maximum  efficiency  for using  liquor  licenses  without                                                               
increasing the  number. The ABC  Board, the Department  of Public                                                               
Safety, and  other communities have given  this concept unanimous                                                               
support. It's good public policy, he said.                                                                                      
                                                                                                                                
CHAIR  FRENCH asked  for  a  concrete example  of  where a  MatSu                                                               
Borough license might be relocated within an incorporated city.                                                                 
                                                                                                                                
MR.  REYNOLDS explained  that when  a restaurant,  package liquor                                                               
stores, or bar  goes out of business, it could  sell that license                                                               
to an  entity in Palmer,  Wasilla, or Houston provided  that both                                                               
the city and  the borough approved the relocation.  Those are the                                                               
only  three  incorporated  cities   that  would  fall  into  that                                                               
category in the MatSu Borough.                                                                                                  
                                                                                                                                
2:21:02 PM                                                                                                                    
DOUG  GRIFFIN,   Director,  Alcoholic  Beverage   Control  Board,                                                               
Anchorage, said  the board does  support the concept  of allowing                                                               
relocation of licenses within boroughs.  The fiscal note reflects                                                               
the cost  of creating  and maintaining  the database  for keeping                                                               
track  of  written  orders  for alcohol  to  rural  Alaska.  Bill                                                               
section  15 calls  for  the  creation of  a  delivery site  pilot                                                               
project that's not reflected in  the fiscal note. Those costs are                                                               
being  investigated and  he anticipates  that it  will be  a very                                                               
expensive proposition.                                                                                                          
                                                                                                                                
2:24:43 PM                                                                                                                    
CHAIR FRENCH asked him to explain how the database would work.                                                                  
                                                                                                                                
MR.  GRIFFIN explained  that in  rural  Alaska 80-90  communities                                                               
have  voted by  local option  to  become dry.  Each month  people                                                               
living  in damp  communities  can legally  order  10.5 liters  of                                                               
spirits, 24 liters  of wine, and 12 gallons of  beer. The working                                                               
group was  concerned that there  was no  way of knowing  how many                                                               
times a person might place orders  so that's how the idea for the                                                               
database came about.                                                                                                            
                                                                                                                                
2:30:37 PM                                                                                                                    
CHAIR FRENCH  asked who is  in charge  of entering the  data into                                                               
the database.                                                                                                                   
                                                                                                                                
MR. GRIFFIN  answered the  law says  the individual  clerks enter                                                               
the information upon  filling an order. The database  would be on                                                               
a secure  website that's  accessible by  law enforcement,  but no                                                               
standard database  meets the requirement for  this program, which                                                               
is one reason that the fiscal note is high.                                                                                     
                                                                                                                                
CHAIR  FRENCH observed  that it  doesn't sound  like there's  any                                                               
state oversight of the database.  It's designed so that one clerk                                                               
can find  out if another clerk  has already sold an  individual a                                                               
quantity of alcohol within a given month.                                                                                       
                                                                                                                                
MR. GRIFFIN  agreed and added  that the fiscal note  does reflect                                                               
one  criminal justice  technician  position  which would  provide                                                               
some oversight.                                                                                                                 
                                                                                                                                
CHAIR  FRENCH asked  how he  intends to  monitor whether  package                                                               
stores are actually entering the data.                                                                                          
                                                                                                                                
MR. GRIFFIN replied that would require an audit.                                                                                
                                                                                                                                
CHAIR  FRENCH asked  if someone  would compare  the paper  orders                                                               
with what is in database.                                                                                                       
                                                                                                                                
MR. GRIFFIN said yes; the  technician would probably perform that                                                               
accounting function.                                                                                                            
                                                                                                                                
2:36:11 PM                                                                                                                    
SENATOR McGUIRE  suggested he  look at  the Oregon  package store                                                               
model in terms of establishing  community distribution sites. For                                                               
the registry model she said  he might look at how Pseudoephedrine                                                               
sales  are registered  and  regulated. She  noted  that the  bill                                                               
doesn't have  penalties for unauthorized  use of  the information                                                               
in  the database  and it  might be  advantageous to  include that                                                               
because  privacy  should be  respected.  She  asked what  penalty                                                               
would be  assessed if  an agent  or employee  fails to  enter the                                                               
information in a timely manner.                                                                                                 
                                                                                                                                
MR. GRIFFIN deferred to the Department of Law.                                                                                  
                                                                                                                                
2:39:49 PM                                                                                                                    
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Department  of   Law,  Juneau,   explained  that   penalties  for                                                               
violations  in  Title  4  are all  class  A  misdemeanors  unless                                                               
specifically made another offense.                                                                                              
                                                                                                                                
CHAIR FRENCH  asked if failure  to maintain the integrity  of the                                                               
database would automatically be a criminal offense.                                                                             
                                                                                                                                
MS. CARPENETI said  she assumes that it would be  a violation for                                                               
somebody  to sent  alcohol without  consulting the  database, but                                                               
she doesn't know if you'd want it  to be a class A misdemeanor or                                                               
not.                                                                                                                            
                                                                                                                                
2:41:33 PM                                                                                                                    
CHAIR  FRENCH said  there are  a number  of ways  to go  wrong in                                                               
terms  of  entering  the  data,   consulting  the  database,  and                                                               
protecting  integrity of  the  database, but  he  needs to  think                                                               
about whether  it's a criminal act.  A fairly high duty  is being                                                               
imposed on liquor store clerks, he said.                                                                                        
                                                                                                                                
MS.  CARPENETI pointed  out that  they are  selling a  controlled                                                               
substance  so caution  is warranted,  but a  class A  misdemeanor                                                               
might  not be  the way  to go.  However, a  person who  knowingly                                                               
distributes confidential  information should be held  to a fairly                                                               
high standard.                                                                                                                  
                                                                                                                                
CHAIR FRENCH asked  what the penalty is for selling  alcohol to a                                                               
minor.                                                                                                                          
                                                                                                                                
MS. CARPENETI  said it's a  class A misdemeanor and  that applies                                                               
to bartenders and pubs.                                                                                                         
                                                                                                                                
CHAIR FRENCH asked if this would  become part of the training for                                                               
those who sell alcohol.                                                                                                         
                                                                                                                                
MS. CARPENETI said she would imagine so.                                                                                        
                                                                                                                                
SENATOR McGUIRE asked if he intends to hold the bill.                                                                           
                                                                                                                                
CHAIR FRENCH  said he would  like to  think about where  to place                                                               
the weight on a clerk.                                                                                                          
                                                                                                                                
SENATOR  McGUIRE said  she'd like  the  penalty for  unauthorized                                                               
release of confidential information  contained in the database to                                                               
be specified in the bill.                                                                                                       
                                                                                                                                
2:44:37 PM                                                                                                                    
MS. CARPENETI  said she'd be  happy to supply amendments  for the                                                               
committee to consider.                                                                                                          
                                                                                                                                
CHAIR FRENCH announced he would hold SB 128 in committee.                                                                       
                                                                                                                                
Brief recess to sign paperwork at 2:45:25 PM.                                                                                 
                                                                                                                                
              SB  78-MOTOR VEHICLE WINDOW TINTING                                                                           
                                                                                                                                
2:46:33 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of SB 78  and asked for                                                               
a  motion to  adopt Version  C committee  substitute (CS)  as the                                                               
working document.                                                                                                               
                                                                                                                                
2:46:55 PM                                                                                                                    
SENATOR  McGUIRE   moved  CSSB   78,  labeled   25-LS0526\C,  for                                                               
discussion  purposes.  There  being   no  objection,  it  was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
CHAIR FRENCH explained that the principle change is to make it                                                                  
clear that it's an infraction to install illegal tinting. There                                                                 
were no questions or comments.                                                                                                  
                                                                                                                                
2:47:53 PM                                                                                                                    
SENATOR WIELECHOWSKI motioned to report CSSB 78 from committee                                                                  
with individual recommendations and attached fiscal note.                                                                       
                                                                                                                                
CHAIR FRENCH announced that without objection, CSSB 78(JUD)                                                                     
moves from committee.                                                                                                           
                                                                                                                                
Short recess at 2:48:19 PM.                                                                                                   
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair French adjourned the meeting at 2:48:56 PM.                                                                             
                                                                                                                                

Document Name Date/Time Subjects