Legislature(2007 - 2008)BARNES 124

04/12/2007 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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08:03:48 AM Start
08:04:09 AM HB232
09:14:36 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 232 ALCOHOL SALE/PURCHASE/DISTRIBUTION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         April 12, 2007                                                                                         
                           8:03 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Anna Fairclough, Co-Chair                                                                                        
Representative Gabrielle LeDoux, Co-Chair                                                                                       
Representative Mark Neuman                                                                                                      
Representative Kurt Olson                                                                                                       
Representative Sharon Cissna                                                                                                    
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Nancy Dahlstrom                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 232                                                                                                              
"An  Act relating  to  the sale,  distribution,  and purchase  of                                                               
alcoholic beverages; relating to a  state database for records of                                                               
certain  purchases  of  alcoholic   beverages;  relating  to  the                                                               
relocation of a license to  sell alcoholic beverages; relating to                                                               
procedures for  local option elections  for control  of alcoholic                                                               
beverages; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 232                                                                                                                  
SHORT TITLE: ALCOHOL SALE/PURCHASE/DISTRIBUTION                                                                                 
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
                                                                                                                                
04/04/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/07       (H)       CRA, JUD, FIN                                                                                          
04/12/07       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE KEVIN MEYER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 232.                                                                            
                                                                                                                                
TALIS COLBERG, Acting Attorney General                                                                                          
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     During  hearing  of   HB  232,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     During  hearing  of   HB  232,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
DOUGLAS GRIFFIN, Director                                                                                                       
Alcoholic Beverage Control Board                                                                                                
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     During  hearing  of   HB  232,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
RODNEY DIAL, Lieutenant, Deputy Commander                                                                                       
A Detachment                                                                                                                    
Division of Alaska State Troopers                                                                                               
Department of Public Safety (DPS)                                                                                               
Ketchikan, Alaska                                                                                                               
POSITION  STATEMENT:     During  hearing  of   HB  232,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  GABRIELLE   LEDOUX  called  the  House   Community  and                                                             
Regional Affairs  Standing Committee meeting to  order at 8:03:48                                                             
AM.     Representatives  Neuman,   Olson,  Cissna,   LeDoux,  and                                                             
Fairclough were  present at  the call  to order.   Representative                                                               
Salmon arrived as the meeting was in progress.                                                                                  
                                                                                                                                
HB 232-ALCOHOL SALE/PURCHASE/DISTRIBUTION                                                                                     
                                                                                                                                
8:04:09 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX announced  that the only order  of business would                                                               
be  HOUSE   BILL  NO.  232,   "An  Act  relating  to   the  sale,                                                               
distribution, and purchase of alcoholic  beverages; relating to a                                                               
state  database for  records of  certain  purchases of  alcoholic                                                               
beverages;  relating  to the  relocation  of  a license  to  sell                                                               
alcoholic  beverages; relating  to  procedures  for local  option                                                               
elections for  control of alcoholic beverages;  and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
8:04:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER,  Alaska State  Legislature, sponsor,                                                               
began  by  informing  the  committee that  in  2004  the  federal                                                               
government   established  the   Alaska   Rural   Justice  &   Law                                                               
Enforcement  Commission ("Commission")  to study  various aspects                                                               
of rural  justice services.   The Commission  recommended several                                                               
changes to Alaska  statutes governing the sale  and possession of                                                               
alcohol  in  Alaskan  communities.   Last  year  the  legislature                                                               
passed the first part of  the recommendations and HB 232 embodies                                                               
the second phase  of the Commission's recommendations.   The main                                                               
focus of HB  232 is the creation of a  database for package store                                                               
licensees  to  track  written orders  to  damp  communities,  the                                                               
prohibition  of   purchasing  alcohol  from  someone   in  a  dry                                                               
community, the  extension of the  period before a  local election                                                               
can be  held to overturn  a vote to become  dry or damp,  and the                                                               
establishment of  a pilot project  for alcohol delivery  sites in                                                               
Kotzebue  and Bethel.   This  legislation  also contains  cleanup                                                               
language dealing with forfeiture  laws, possession of ingredients                                                               
for homebrew,  and the transfer  of liquor licensees  from within                                                               
large hub communities of an  organized borough to within the city                                                               
limits.  Representative  Meyer related that he  introduced HB 232                                                               
at  the   request  of  the   Department  of  Labor   &  Workforce                                                               
Development (DLWD).                                                                                                             
                                                                                                                                
8:07:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN,   referring   to   the   fiscal   notes,                                                               
highlighted that $269,000 is being  spent for the construction of                                                               
a database.   He  surmised that  the sponsor  will try  to ensure                                                               
that the aforementioned expenditure will be spent in Alaska.                                                                    
                                                                                                                                
REPRESENTATIVE  MEYER characterized  the fiscal  note as  a start                                                               
and  opined that  the  fiscal  note is  so  high  because of  the                                                               
initial cost  of the database.   Once  the database is  in place,                                                               
the costs  should decrease.   Representative Meyer said  that the                                                               
fiscal note will  be scrutinized more closely  as the legislation                                                               
progresses.    With regard  to  the  expenditure being  spent  in                                                               
Alaska, Representative  Meyer said he  didn't see any  reason why                                                               
it couldn't be.                                                                                                                 
                                                                                                                                
8:08:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  asked what  databases and  information are                                                               
currently available.                                                                                                            
                                                                                                                                
REPRESENTATIVE MEYER  said that he  hasn't done much  research on                                                               
the  database and  what's  available.   However,  he related  his                                                               
understanding that the Department of Law (DOL) has.                                                                             
                                                                                                                                
8:09:34 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX,  referring to Section  10 and the  possession of                                                               
ingredients for homebrew, opined  that the ingredients are fairly                                                               
common  items   one  might  normally  have   in  his/her  pantry.                                                               
Therefore,  she  questioned at  what  point  one would  determine                                                               
there is intent to use those ingredients for homebrew.                                                                          
                                                                                                                                
REPRESENTATIVE MEYER deferred to DOL.                                                                                           
                                                                                                                                
8:10:56 AM                                                                                                                    
                                                                                                                                
TALIS COLBERG, Acting Attorney General,  Department of Law (DOL),                                                               
said that  [the determination that  the ingredients  are intended                                                               
to be used for homebrew]  would depend upon the circumstances and                                                               
amount  in which  the ingredients  are discovered.   Mr.  Colberg                                                               
pointed out that the attorney  general is automatically placed on                                                               
the Commission  as one of its  co-chairs.  The other  co-chair is                                                               
Nelson Cohen,  the U.S. Federal  District Attorney  in Anchorage.                                                               
The Commission was basically created  by U.S. Senator Ted Stevens                                                               
to provide funding  for the Department of Justice  at the federal                                                               
level.  Basically, the U.S.  Attorney General selects the members                                                               
of  the Commission.   Four  new members,  including the  attorney                                                               
general,  have been  placed on  the  Commission in  the last  few                                                               
months.  Mr. Colberg highlighted  that the Commission was created                                                               
to  address four  specific issues,  including addressing  alcohol                                                               
problems  in  rural  Alaska.     In  attempting  to  address  the                                                               
aforementioned,  the  Commission established  several  committees                                                               
that met  throughout the state  in order to  develop suggestions.                                                               
Several  hundred   suggestions  were  compiled  to   improve  the                                                               
interdiction of  alcohol in damp  and dry  villages.  Of  all the                                                               
suggestions put forward, the ones  before the committee today are                                                               
those that  seem to  be the most  workable, reasonable,  and most                                                               
likely to have  some significant impact.  In  fact, it's believed                                                               
that the  creation of  the database  will improve  the statistics                                                               
[related  to  alcohol problems].    Mr.  Colberg asked  that  the                                                               
committee move HB 232 forward.                                                                                                  
                                                                                                                                
8:16:13 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH  inquired as  to how  interstate distributors                                                               
will be made aware of the database.                                                                                             
                                                                                                                                
8:16:56 AM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section-Juneau, Criminal Division, Department  of Law (DOL), said                                                               
that  although [the  database]  is  problematic for  out-of-state                                                               
distributors,  not  that many  do  send  alcohol in  response  to                                                               
written orders.   Still, distributors are required  to know which                                                               
communities are  damp and which  are dry.   She surmised  that as                                                               
the  database  matures,  there  will  likely  be  adjustments  to                                                               
address  those  distributors who  do  send  alcohol from  out-of-                                                               
state.  At  this point, the legislation addresses  a database for                                                               
in-state distributors.                                                                                                          
                                                                                                                                
CO-CHAIR FAIRCLOUGH  related her  understanding that there  is an                                                               
existing  database within  the Department  of Revenue  (DOR) that                                                               
she assumed is through an  alcohol taxing function and thus those                                                               
distributors,  particularly in  the  Seattle  region, are  known.                                                               
She highlighted  the importance of  notifying people  up-front of                                                               
laws that are changing.                                                                                                         
                                                                                                                                
8:18:52 AM                                                                                                                    
                                                                                                                                
MS. CARPENETI said that's an excellent idea.                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN,  referring  to  Section  8,  related  his                                                               
understanding that it  would take away a local  option related to                                                               
elections,  and  expressed  concern with  that.    Representative                                                               
Neuman related his support for local  control.  He then asked how                                                               
long  the original  periods for  an  election to  remove a  local                                                               
option or change to a less  restrictive option were in place.  He                                                               
further asked  if the changes  to those dates were  changed after                                                               
consultation with the communities.                                                                                              
                                                                                                                                
MR. COLBERG said  he wouldn't characterize [Section  8] as taking                                                               
away  control,  given  that  the original  control  of  when  the                                                               
elections occur is  mandated by the state.    In further response                                                               
to  Representative  Neuman,  Mr.  Colberg pointed  out  that  the                                                               
enactment [of those election dates] was  in 1995, and thus it has                                                               
been in place for 12 years.                                                                                                     
                                                                                                                                
8:22:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN asked  why  the dates  for elections  have                                                               
been extended.   Again, he reiterated his belief  that this takes                                                               
away local control.                                                                                                             
                                                                                                                                
MS. CARPENETI  surmised that the  Commission received  input from                                                               
the local communities  that suggested it would  be appropriate to                                                               
provide more time  for these local options to  be enforced before                                                               
having another  election.   These time limits  were set  when the                                                               
local option laws were adopted.                                                                                                 
                                                                                                                                
REPRESENTATIVE NEUMAN  inquired as  to DOL's opinion  with regard                                                               
to  making  the  adoption  of  Section  8  an  option  for  local                                                               
communities.                                                                                                                    
                                                                                                                                
MR. COLBERG said  that if Representative Neuman  is envisioning a                                                               
situation  in which  communities across  rural Alaska  would have                                                               
multiple  opportunities to  have different  timeframes for  their                                                               
elections on  a case-by-case  basis that  would seem  to abdicate                                                               
the state's power  to control elections to the local  level.  The                                                               
aforementioned may  create a system  that is harder  to regulate.                                                               
If the election timeframe was  truly turned over to local choice,                                                               
some parameters would  need to be established,  which would still                                                               
take some control  from the local communities.  He  opined that a                                                               
limit will have  to be set at  some point.  He  related his guess                                                               
that with  a one-year timeframe,  there's such a short  time that                                                               
those who are avoiding compliance  can purchase a lot of alcohol.                                                               
Furthermore,  a  two-year  timeframe isn't  inconsistent  with  a                                                               
fairly standard  election cycle  across the  state.   Mr. Colberg                                                               
said that the  legislation isn't trying to take  away local power                                                               
to  determine  things  because  the local  power  is  the  voting                                                               
itself.                                                                                                                         
                                                                                                                                
8:27:41 AM                                                                                                                    
                                                                                                                                
DOUGLAS  GRIFFIN,  Director,  Alcoholic  Beverage  Control  Board                                                               
("ABC Board"),  Department of Public  Safety (DPS),  informed the                                                               
committee  that he  also served  on the  Alcohol Control  Working                                                               
Group,  which  made  recommendations  to  the  Commission.    The                                                               
concept behind  [Section 8] is that  there might be a  very vocal                                                               
minority  that  constantly   wants  to  bring  the   issue  of  a                                                               
community's  status forward  for  placement on  the  ballot.   He                                                               
opined that  sometimes more  time is needed  to let  these things                                                               
work  out   and  become  part   of  the  local   community's  law                                                               
enforcement  plan.   The idea,  he explained,  was to  extend the                                                               
time between those types of  elections in which people are trying                                                               
to push  a community  to a  less restrictive  option in  order to                                                               
provide time  for the dry  or damp status  to work.   Mr. Griffin                                                               
highlighted that statistics  show that alcohol is  a huge problem                                                               
in rural  Alaska.   Communities that  have chosen  to go  dry are                                                               
generally healthier and safer than  locations where it's legal to                                                               
possess alcohol based  on the various standards that  are used to                                                               
measure such things.   Therefore, he related that  it was thought                                                               
that lengthening the  time during which communities  could be dry                                                               
between elections would result in safer communities.                                                                            
                                                                                                                                
REPRESENTATIVE  NEUMAN  reiterated   that  his  concern  revolves                                                               
around allowing communities to maintain local control.                                                                          
                                                                                                                                
8:31:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  related her agreement  with Representative                                                               
Neuman  that the  power does  belong with  those in  communities.                                                               
She  then recalled  her experience  in  the publication  business                                                               
during which  she [observed] steady  large amounts of  money that                                                               
is  often spent  attempting to  open up  dry/damp communities  to                                                               
alcohol.    Alcohol abuse  is  costing  the  state so  much,  she                                                               
emphasized.   Representative Cissna opined that  this legislation                                                               
begins to  return power to  communities that "have had  it bought                                                               
away."   She  then asked  if HB  232 addresses  the situation  in                                                               
which there are  forms to order alcohol at counters  of the local                                                               
airports.  She asked whether HB 232 addresses that.                                                                             
                                                                                                                                
MS. CARPENETI said HB 232 doesn't address that issue.                                                                           
                                                                                                                                
MR. GRIFFIN  said he's unable  to comment specifically  about the                                                               
forms to which Representative Cissna  spoke.  However, he related                                                               
that most  alcohol that's  shipped to  damp communities  in rural                                                               
Alaska, such  as Bethel and  Kotzebue, is done through  a process                                                               
specified in statute  and the regulations of the ABC  Board.  The                                                               
aforementioned  is commonly  referred to  as shipment  by written                                                               
order.  He  acknowledged that it's a  fairly bureaucratic process                                                               
because there are many safeguards,  but it's the process by which                                                               
those  who live  in  an  area with  no  liquor licensed  outlets,                                                               
package stores, or bars can  legally purchase alcoholic beverages                                                               
in a limited  amount.  The amount is limited  on a monthly basis.                                                               
The  database is  designed to  address  that whole  process.   He                                                               
noted that  there are prohibitions against  advertising, and thus                                                               
the  situation to  which  Representative  Cissna mentioned  would                                                               
seem to run afoul of that  prohibition.  He mentioned that Bethel                                                               
is the largest community that  has residents who purchase much of                                                               
their alcohol by written order primarily from Anchorage.                                                                        
                                                                                                                                
8:37:08 AM                                                                                                                    
                                                                                                                                
MS. CARPENETI  pointed out that HB  232 does try to  regulate and                                                               
limit  violations of  the  laws related  to  ordering by  written                                                               
order   from  damp   communities.     In   further  response   to                                                               
Representative  Cissna, Ms.  Carpeneti related  her understanding                                                               
that  regulations  and statutes  would  prohibit  such a  written                                                               
order form being  available on state counters.  She  did offer to                                                               
double-check with Mr. Griffin on this matter.                                                                                   
                                                                                                                                
8:38:53 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH  related  her understanding  of  Section  8,                                                               
which refers to  subsections (b) and (c) of  [AS 04.11.507], that                                                               
the only local communities that  would be affected are those that                                                               
have  already voted  to go  dry or  damp.   Therefore, the  local                                                               
option and  the change to  the local  option are limited  to very                                                               
few communities in the state.                                                                                                   
                                                                                                                                
MR.  COLBERG pointed  out that  this would  impact any  community                                                               
that has already chosen the local option  of damp or dry or do so                                                               
later.                                                                                                                          
                                                                                                                                
CO-CHAIR FAIRCLOUGH  commented, "Those communities  would already                                                               
have an  existing law, so it  wouldn't change them.   They'd know                                                               
what they  were voting into  in that  manner."  She  then pointed                                                               
out  that the  committee  packet  does include  a  letter by  the                                                               
Tanana Chiefs Conference relating  its support of that particular                                                               
change.    The  committee  packet also  includes  a  letter  from                                                               
Kawerak.                                                                                                                        
                                                                                                                                
8:41:05 AM                                                                                                                    
                                                                                                                                
MR. COLBERG  highlighted that several  hundred people  from rural                                                               
Alaska were  involved in the  work groups that resulted  [in this                                                               
legislation].                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SALMON pointed  out  that  although local  option                                                               
laws sound good, without enforcement  resources they are rendered                                                               
somewhat moot.   The State Troopers  in the rural areas  are busy                                                               
with more serious crimes.  For  example, in Fort Yukon there have                                                               
been bootleggers  in operation for 30  years and no one  has done                                                               
anything  about it.   Representative  Salmon  then expressed  his                                                               
concern with Section 10, because  it's not uncommon for residents                                                               
of rural  villages to have 100  pounds of flour, sugar,  or yeast                                                               
as those  are common  baking ingredients.   He indicated  that he                                                               
was troubled by the language  as it seems to leave interpretation                                                               
to the officer.                                                                                                                 
                                                                                                                                
MR. COLBERG  said that  one of the  other reasons  the Commission                                                               
was  established  was to  address  the  issue of  Village  Public                                                               
Safety Officers  and Tribal  Police Officers  in order  to create                                                               
uniformity  of  standards.   There  was  also discussion  of  the                                                               
understood absence  of enforcement at  the local level  in [rural                                                               
Alaska].   He  acknowledged that  it  is related  to funding  and                                                               
noted  his agreement  with Representative  Salmon that  absent an                                                               
enforcement presence, the  laws don't mean much.   The Commission                                                               
is also trying  to address the aforementioned,  and therefore the                                                               
Commission may  ultimately make  recommendations in  that regard.                                                               
With  regard  to   Section  10,  he  reiterated   that  the  mere                                                               
possession  of the  ingredients isn't  sufficient to  trigger the                                                               
law but  rather there must  also be  intent.  Mr.  Colberg opined                                                               
that he  presumes that law  enforcement officers would  have some                                                               
sense of  what's actionable, triggers  intent, and  what's likely                                                               
to be  a successful prosecution.   Therefore, it's  unlikely that                                                               
intent would be  triggered merely by having the  ingredients in a                                                               
kitchen without other circumstances present.                                                                                    
                                                                                                                                
8:46:21 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX, referring  to  Section 3,  inquired  as to  the                                                               
rationale  for  prohibiting  a   purchaser  from  having  alcohol                                                               
shipped to another address than that specified in the database.                                                                 
                                                                                                                                
MR. COLBERG said that it's an  attempt to avoid someone in a damp                                                               
community   from  doing   serial  purchasing   via  friends   and                                                               
acquaintances in order to circumvent the intent of the law.                                                                     
                                                                                                                                
MS. CARPENETI  explained that Section  3 provides another  way to                                                               
try to limit bootlegging via written order.                                                                                     
                                                                                                                                
CO-CHAIR LEDOUX posed a situation in  which a resident of a [dry]                                                               
village  couldn't  order alcohol  to  be  shipped to  a  damp/wet                                                               
community  where that  resident may  want  to have  a party  when                                                               
visiting relatives there.                                                                                                       
                                                                                                                                
MS.  CARPENETI said  that  in such  a  situation, the  individual                                                               
could  purchase the  alcohol once  in the  damp/wet community  or                                                               
have  a resident  of the  damp/wet community  order the  alcohol.                                                               
The purpose  of HB 232 is  to prohibit residents of  dry villages                                                               
from  getting residents  of damp  villages to  order alcohol  for                                                               
them to be brought into the  dry village.  In further response to                                                               
Co-Chair LeDoux,  Ms. Carpeneti  confirmed that HB  232 prohibits                                                               
someone from ordering alcohol for  someone else in violation of a                                                               
local  option law  since that's  a  way around  the local  option                                                               
laws.  Currently, there's no way  for one liquor store to know if                                                               
another liquor store  has already sent the amount  presumed to be                                                               
under the  amount that can  be possessed  with the intent  not to                                                               
sell.                                                                                                                           
                                                                                                                                
8:49:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX   related  her   understanding  then   that  the                                                               
government,  under HB  232,  will now  keep a  list  of how  much                                                               
alcohol those in villages order.   She asked if the government is                                                               
going to keep a database on the drinking habits of individuals.                                                                 
                                                                                                                                
MS. CARPENETI  clarified that  the database  isn't being  kept to                                                               
keep records on  an individual's drinking habits.   The database,                                                               
she explained, allows the tracking  of bootleggers who order from                                                               
several  different  alcohol  distributors to  ensure  that  folks                                                               
aren't going over the legal  monthly amount for written orders of                                                               
alcohol.   The  intent isn't  to allow  the state  to monitor  an                                                               
individual's drinking habits, she said.                                                                                         
                                                                                                                                
CO-CHAIR  LEDOUX  acknowledged  that the  aforementioned  is  the                                                               
purpose,  but pointed  out  that  it does  generate  a record  of                                                               
individuals' drinking habits.                                                                                                   
                                                                                                                                
MS. CARPENETI  said that  she's open  to suggestions  and pointed                                                               
out  that the  legislation  specifies that  this information  can                                                               
only be  used to ensure  that the  purchases aren't in  excess of                                                               
the monthly amount allowed by  law.  Furthermore, the information                                                               
is confidential  and not discoverable  by anyone.   Ms. Carpeneti                                                               
acknowledged Co-Chair  LeDoux's concern  with regard  to privacy,                                                               
but reiterated that [the database]  provides a good tool by which                                                               
to limit bootlegging.                                                                                                           
                                                                                                                                
8:52:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OLSON  informed  the  committee  that  those  who                                                               
purchase alcohol at  Safeway and Fred Meyer and  use their reward                                                               
card are  already tracked.   He then inquired  as to what  HB 232                                                               
does to address  the "poison of choice in  Kotzebue currently for                                                               
the kids", which is cheap perfume, gasoline, and spray paint.                                                                   
                                                                                                                                
MR.  COLBERG  answered  that  HB  232 focuses  on  alcohol.    He                                                               
acknowledged  that  the  items   to  which  Representative  Olson                                                               
referred are  serious issues  and he  indicated that  an argument                                                               
could be made  that if alcohol is made less  available [the abuse                                                               
of other items] might actually increase.                                                                                        
                                                                                                                                
REPRESENTATIVE   OLSON  related   his   understanding  from   the                                                               
individual who  runs the recreation  center in Kotzebue  that the                                                               
greatest crisis  in Kotzebue is  the abuse of inhalants,  such as                                                               
from cheap perfume.   Representative Olson suggested  that HB 232                                                               
should  be  held   over  and  input  obtained   from  other  Bush                                                               
legislators.                                                                                                                    
                                                                                                                                
MR. COLBERG  reminded the committee  that HB 232 is  dealing with                                                               
what  is  generally  presumed  to be  a  legal  substance  that's                                                               
regulated.                                                                                                                      
                                                                                                                                
REPRESENTATIVE OLSON pointed out that  all the items he mentioned                                                               
are legal and available to underage individuals.                                                                                
                                                                                                                                
8:55:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA requested  a copy  of the  recommendations                                                               
made by the Commission as it would be very instructive.                                                                         
                                                                                                                                
MR. COLBERG offered to provide a copy.                                                                                          
                                                                                                                                
REPRESENTATIVE CISSNA  inquired as to  what records are  kept for                                                               
illegal substances such as cocaine and heroin.                                                                                  
                                                                                                                                
8:57:22 AM                                                                                                                    
                                                                                                                                
MS. CARPENETI  pointed out  that cocaine  and heroin  are illegal                                                               
substances that  aren't regulated  and thus  she said  she wasn't                                                               
aware of  any type of data  collection on cocaine.   However, law                                                               
enforcement  does  have  records  in terms  of  prosecutions  and                                                               
investigations.   She  noted  that some  data  is probably  being                                                               
generated due  to the  legislation adopted  last year  related to                                                               
precursors for  methamphetamines.  She  offered to  research that                                                               
issue further.                                                                                                                  
                                                                                                                                
MR. COLBERG mentioned  that the data would relate  to indicted or                                                               
confiscated  items, which  wouldn't  necessarily  be an  accurate                                                               
illustration of what's out there.                                                                                               
                                                                                                                                
8:59:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA asked  whether  the  Department of  Public                                                               
Safety collects data that would pinpoint illegal substances.                                                                    
                                                                                                                                
9:00:14 AM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS),  said  that there's  an  [intelligence]  unit that  tracks                                                               
information on groups and specific individuals.                                                                                 
                                                                                                                                
CO-CHAIR LEDOUX, upon determining no  one else wished to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
9:01:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SALMON opined  that  Section 10  needs more  work                                                               
because  the  ingredients  are  common  household  products,  and                                                               
therefore the  intent could be mischaracterized  depending on the                                                               
individual law enforcement officer's view.                                                                                      
                                                                                                                                
CO-CHAIR LEDOUX concurred.                                                                                                      
                                                                                                                                
REPRESENTATIVE NEUMAN pointed out that  the intent is part of the                                                               
discovery  process by  the  individual  law enforcement  officer,                                                               
which is a lot of authority.   He questioned whether there should                                                               
be a court order or discovery  process that's decided by a public                                                               
official.    He   mentioned  his  concern  with   regard  to  the                                                               
possibility of  instances of  harassment.   Representative Neuman                                                               
said that  although he  likes the  intent of  the bill,  he isn't                                                               
comfortable with the tracking of  alcoholic purchases even though                                                               
he acknowledged the bootlegging argument.                                                                                       
                                                                                                                                
9:04:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA said she could  envision the possibility of                                                               
harassment.   She suggested that  perhaps Section 10 ought  to be                                                               
rewritten to  ensure that records will  be kept only in  the case                                                               
of prosecution  rather than having  the information  available in                                                               
such a way [that harassment could occur].                                                                                       
                                                                                                                                
MS.  CARPENETI  offered  her  belief   that  this  will  be  very                                                               
difficult to prosecute  because it will have to  be shown, beyond                                                               
a reasonable doubt, that a  person possessing the ingredients did                                                               
so with the specific intent  of making homebrew.  Specific intent                                                               
is difficult to  prove.  Therefore, Ms.  Carpeneti suspected that                                                               
beyond  the possession  of  ingredients,  machinery or  equipment                                                               
would have to  be possessed; even still it would  be difficult to                                                               
prove because of the need to  prove beyond a reasonable doubt the                                                               
intent to make homebrew.  She  pointed out that there are similar                                                               
statutes in the  state's drug laws.  For example,  it's a class B                                                               
felony to  possess precursors of methamphetamine,  which are also                                                               
common  ingredients, with  the specific  intent of  manufacturing                                                               
methamphetamine or  some iteration  of it.   Although  such isn't                                                               
prosecuted often, it's  a good tool to have when  the evidence is                                                               
available and it  can be proven that the  individuals possess the                                                               
ingredients and equipment with the intent to make homebrew.                                                                     
                                                                                                                                
CO-CHAIR LEDOUX  clarified that  her concern  is that  since it's                                                               
"on the books," it opens up  the possibility of harassment.  Even                                                               
if the  district attorney  says there  isn't [enough  evidence to                                                               
prove  intent  to  make  homebrew],   the  individual  has  still                                                               
undergone an arrest and attorney's fees.                                                                                        
                                                                                                                                
9:08:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  again suggested  altering Section  10 such                                                               
that  [information obtained  through  the database]  can only  be                                                               
used as evidence when proving someone's guilt in a court.                                                                       
                                                                                                                                
CO-CHAIR LEDOUX pointed  out that all of the state's  laws are on                                                               
the books  for prosecution  purposes and  no other  law specifies                                                               
that  [any information  garnered] isn't  supposed to  be used  to                                                               
harass others.   Clearly,  the information  isn't supposed  to be                                                               
used to harass people, but it is in some cases.                                                                                 
                                                                                                                                
REPRESENTATIVE  CISSNA agreed,  but opined  that law  enforcement                                                               
could misread  this language and  harass someone in  remote areas                                                               
of the  state.  Representative  Cissna explained that  she merely                                                               
wants to [avoid harassment] while  allowing the information to be                                                               
used when investigations are made.                                                                                              
                                                                                                                                
9:11:51 AM                                                                                                                    
                                                                                                                                
MS. CARPENETI  commented that any  criminal law could be  used to                                                               
harass someone.   As a prosecutor, Ms. Carpeneti  opined that law                                                               
enforcement does  a great  job and  it would  be an  unusual case                                                               
when they  would be overdoing it.   She offered to  work with the                                                               
committee to address [the concerns].                                                                                            
                                                                                                                                
9:12:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OLSON reiterated  his belief  that the  committee                                                               
should solicit input from Bush members.                                                                                         
                                                                                                                                
CO-CHAIR LEDOUX concurred  and suggested holding HB  232 over for                                                               
the purpose of gathering input from the Bush caucus.                                                                            
                                                                                                                                
REPRESENTATIVE NEUMAN  concurred and then suggested  that perhaps                                                               
language  describing the  term "intent"  in Section  10 could  be                                                               
included.                                                                                                                       
                                                                                                                                
9:14:36 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  FAIRCLOUGH  reviewed the  issues  for  which there  are                                                               
concerns,  including the  concern  pertaining  to privacy  issues                                                               
related  to  the  database.    She then  turned  to  the  concern                                                               
regarding precursors  for which  she had a  conceptual amendment.                                                               
The conceptual  amendment would  on page 5,  line 29,  change the                                                               
language such  that it would  read:  "may not  possess quantities                                                               
of sugar, artificial sugar, malt,  yeast that exceed personal use                                                               
in  excess of  one  year  with the  specific  intent  to use  the                                                               
material or  equipment to create  an alcoholic  beverage provided                                                               
beyond  a reasonable  doubt."   Co-Chair  Fairclough opined  that                                                               
it's valid to request a copy  of the study because those who have                                                               
met for  the last  two years  to discuss  this issue  did provide                                                               
comments supporting the extended election period.                                                                               
                                                                                                                                
[Following was  a brief discussion  regarding when  the committee                                                               
would meet next to hear HB 232; HB 232 was held over.]                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 9:18 a.m.                                                                                                          

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