Legislature(1995 - 1996)

04/27/1995 01:33 PM CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              HOUSE COMMUNITY AND REGIONAL AFFAIRS                             
                       STANDING COMMITTEE                                      
                         April 27, 1995                                        
                           1:33 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Ivan Ivan, Co-Chair                                            
 Representative Alan Austerman, Co-Chair                                       
 Representative Kim Elton                                                      
 Representative Al Vezey                                                       
 Representative Pete Kott                                                      
 Representative Irene Nicholia                                                 
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Jerry Mackie                                                   
                                                                               
 SENATORS PRESENT                                                              
                                                                               
 Senator Dave Donley                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 SB 6(AM):     "An Act relating to suspension of a driver's                    
               license for failure to appear in court or failure               
               to pay a fine; relating to court and collection                 
               costs for traffic offenses; and relating to                     
               citations and court procedures for municipal                    
               traffic and parking offenses."                                  
                                                                               
               PASSED OUT OF COMMITTEE                                         
                                                                               
 CSSB 87(FIN): "An Act relating to the membership of the Alcoholic             
               Beverage Control Board; relating to community local             
               options for control of alcoholic beverages;                     
               relating to the control of alcoholic beverages;                 
               prohibiting persons from being on premises                      
               involving alcoholic beverages under certain                     
               circumstances; relating to the definition of                    
               `alcoholic beverage'; relating to purchase and sale             
               of alcoholic beverages; relating to alcohol server              
               education courses; and providing for an effective               
               date."                                                          
                                                                               
               PASSED OUT OF COMMITTEE                                         
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JOE AMBROSE, Legislative Assistant                                            
 Senator Robin Taylor                                                          
 Alaska State Legislature                                                      
 State Capitol, Room 30                                                        
 Juneau, AK 99801                                                              
 Telephone:  (907) 465-3873                                                    
 POSITION STATEMENT:  Introduced SB 6 and SB 87                                
                                                                               
 PATRICK L. SHARROCK, Director                                                 
 Alcoholic Beverage Control Board                                              
 550 W. 7th Avenue, Suite 350                                                  
 Anchorage, AK 99501-3510                                                      
 Telephone: (907) 277-8638                                                     
 POSITION STATEMENT:  Testified in support of SB 87                            
                                                                               
 DAVID HARDING                                                                 
 Office of the Mayor                                                           
 P.O. Box 69                                                                   
 Barrow, AK 99723                                                              
 Telephone: (907) 852-2611                                                     
 POSITION STATEMENT:  Testified on SB 87                                       
                                                                               
 JIM WOOD, Police Captain                                                      
 North Slope Borough Police Department                                         
 P.O. Box 470                                                                  
 Barrow, AK 99723                                                              
 Telephone:  (907) 852-0311                                                    
 POSITION STATEMENT:  Testified against SB 87                                  
                                                                               
 MARK HAMLIN                                                                   
 P.O. Box 952                                                                  
 Barrow, AK 99723                                                              
 Telephone: (907) 852-6916                                                     
 POSITION STATEMENT:  Testified against SB 87                                  
                                                                               
 TOM NICOLOS                                                                   
 P.O. Box 385                                                                  
 Barrow, AK 99723                                                              
 Telephone:  (907) 852-2162                                                    
 POSITION STATEMENT:  Testified against SB 87                                  
                                                                               
 PAT CARLSON, Borough Assessor                                                 
 Kodiak Peninsula Borough                                                      
 711 Mill Bay Road                                                             
 Kodiak, AK 99615                                                              
 Telephone: (907) 486-9300                                                     
 POSITION STATEMENT:  Testified in support of SB 87                            
                                                                               
 MARK GAGNIER                                                                  
 3605 Arctic, No. 1241                                                         
 Anchorage, AK 99503                                                           
 Telephone:  Not Available                                                     
 POSITION STATEMENT:  Testified against SB 87                                  
                                                                               
 RICK URION, Lobbyist                                                          
 Alaska Wine and Spirits Wholesalers Association                               
 P.O. Box 20868                                                                
 Juneau, AK 99802                                                              
 Telephone: (907) 463-5088                                                     
 POSITION STATEMENT:  Testified on SB 87                                       
                                                                               
 TOM WRIGHT, Legislative Assistant                                             
 Representative Ivan Ivan                                                      
 Alaska State Legislature                                                      
 State Capitol, Rm. 503                                                        
 Juneau, AK 99801                                                              
 Telephone:  (907) 465-4942                                                    
 POSITION STATEMENT:  Testified on SB 87                                       
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  SB   6                                                               
 SHORT TITLE: SUSPEND DRIVERS LIC./ TRAFFIC OFFENSES                           
 SPONSOR(S): SENATOR(S) TAYLOR,Sharp                                           
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 01/06/95        14    (S)   PREFILE RELEASED  - 1/6/95                        
 01/16/95        14    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 01/16/95        14    (S)   STA, JUD                                          
 02/02/95              (S)   STA AT 03:30 PM BELTZ ROOM 211                    
 02/02/95              (S)   MINUTE(STA)                                       
 02/03/95       160    (S)   STA RPT  4DP                                      
 02/03/95       160    (S)   FISCAL NOTE (DPS)                                 
 02/03/95       160    (S)   ZERO FISCAL NOTE (DPS)                            
 02/08/95              (S)   JUD AT 01:30 PM BELTZ ROOM 211                    
 02/08/95              (S)   MINUTE(JUD)                                       
 02/09/95       217    (S)   JUD RPT  1DP 2DNP 2NR                             
 02/09/95       217    (S)   FN (COURT)                                        
 02/09/95       217    (S)   PREVIOUS FN (DPS)                                 
 02/09/95       217    (S)   PREVIOUS ZERO FN (DPS)                            
 02/09/95       217    (S)   FIN REFERRAL ADDED                                
 03/15/95              (S)   FIN AT 09:00 AM SENATE FINANCE 532                
 03/15/95              (S)   MINUTE(FIN)                                       
 03/17/95              (S)   FIN AT 10:00 AM SENATE FINANCE 532                
 03/27/95              (S)   FIN AT 09:00 AM SENATE FINANCE 532                
 03/30/95       839    (S)   FIN RPT  CS  3DP 4NR    NEW TITLE                 
 03/30/95       839    (S)   FNS (DPS #4, CORR)                                
 03/30/95       839    (S)   PREVIOUS FN (COURT)                               
 03/30/95       839    (S)   PREVIOUS ZERO FN (DPS)                            
 03/30/95              (S)   MINUTE(FIN)                                       
 04/11/95              (S)   RLS AT 12:00 PM FAHRENKAMP RM 203                 
 04/11/95              (S)   MINUTE(RLS)                                       
 04/12/95       996    (S)   RULES TO CALENDAR  4/12/95                        
 04/12/95      1000    (S)   READ THE SECOND TIME                              
 04/12/95      1001    (S)   FAILED TO ADOPT FIN CS Y10 N10                    
 04/12/95      1001    (S)   ADVANCE TO 3RD RDG FLD Y12 N8                     
 04/12/95      1001    (S)   THIRD READING 4/13 CALENDAR                       
 04/13/95      1030    (S)   READ THE THIRD TIME  SB 6                         
 04/13/95      1030    (S)   RETURN TO SECOND FOR AM 1                         
                             UNAN CONSENT                                      
 04/13/95      1030    (S)   AM NO  1     OFFERED BY TAYLOR                    
 04/13/95      1032    (S)   AM NO  1     ADOPTED Y10 N9 E1                    
 04/13/95      1033    (S)   AUTOMATICALLY IN THIRD READING                    
                             SB 6 AM                                           
 04/13/95      1033    (S)   FAILED PASSAGE Y10 N9 E1                          
 04/13/95      1033    (S)   KELLY  NOTICE OF RECONSIDERATION                  
 04/18/95      1069    (S)   RECON TAKEN UP - IN THIRD READING                 
 04/18/95      1069    (S)   MOTION: RETURN TO SECOND FOR AM 2                 
 04/18/95      1070    (S)   RETURN TO SECOND FOR AM 2                         
                             Y15 N3 E1 A1                                      
 04/18/95      1070    (S)   AM NO  2     OFFERED BY DONLEY                    
 04/18/95      1071    (S)   AM NO  2     ADOPTED Y15 N4 E1                    
 04/18/95      1071    (S)   AUTOMATICALLY IN THIRD READING                    
 04/18/95      1072    (S)   PASSED ON RECONSIDERATION                         
                             Y17 N2 E1                                         
 04/18/95      1077    (S)   TRANSMITTED TO (H)                                
 04/19/95      1364    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/19/95      1365    (H)   CRA, JUDICIARY, FINANCE                           
 04/25/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
 04/27/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
                                                                              
 BILL:  SB  87                                                                
 SHORT TITLE: ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC.                        
 SPONSOR(S): JUDICIARY                                                         
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 02/14/95       270    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 02/14/95       270    (S)   CRA, JUD, FIN                                     
 03/08/95              (S)   CRA AT 01:30 PM BUTROVICH RM 205                  
 03/08/95              (S)   MINUTE(CRA)                                       
 03/17/95              (S)   CRA AT 03:00 PM BUTROVICH RM 205                  
 03/17/95              (S)   MINUTE(CRA)                                       
 03/20/95       696    (S)   CRA RPT  CS  4DP       SAME TITLE                 
 03/20/95       697    (S)   FISCAL NOTE (REV)                                 
 03/22/95              (S)   JUD AT 01:30 PM BELTZ ROOM 211                    
 03/22/95              (S)   MINUTE(JUD)                                       
 03/27/95              (S)   JUD AT 01:30 PM BELTZ ROOM 211                    
 03/27/95              (S)   MINUTE(JUD)                                       
 03/28/95       808    (S)   JUD RPT  CS  1DP 4NR   SAME TITLE                 
 03/28/95       808    (S)   PREVIOUS FN (REV)                                 
 04/06/95              (S)   FIN AT 09:00 AM SENATE FINANCE 532                
 04/07/95              (S)   FIN AT 09:00 AM SENATE FINANCE 532                
 04/11/95              (S)   FIN AT 09:00 AM SENATE FINANCE 532                
 04/11/95       977    (S)   FIN RPT  CS  3DP 3NR    NEW TITLE                 
 04/11/95       977    (S)   PREVIOUS FN (REV)                                 
 04/12/95              (S)   RLS AT 01:00 PM FAHRENKAMP ROOM 203               
 04/18/95      1058    (S)   RULES TO CALENDAR  4/18/95                        
 04/18/95      1059    (S)   READ THE SECOND TIME                              
 04/18/95      1059    (S)   FIN  CS ADOPTED UNAN CONSENT                      
 04/18/95      1060    (S)   AM NO  1     ADOPTED Y12 N7 E1                    
 04/18/95      1060    (S)   AM NO 2 WITHDRAWN                                 
 04/18/95      1063    (S)   AM NO  3     ADOPTED Y10 N9 E1                    
 04/18/95      1063    (S)   RESCINDED ACTION WITHDRAWING AM 2                 
                             UN CON                                            
 04/18/95      1060    (S)   AM NO  2     OFFERED BY DONLEY                    
 04/18/95      1063    (S)   AM NO  2     ADOPTED Y10 N9 E1                    
 04/18/95      1064    (S)   ADVANCED TO THIRD READING UNAN                    
                             CONSENT                                           
 04/18/95      1064    (S)   READ THE THIRD TIME                               
                             CSSB 87(FIN) AM                                   
 04/18/95      1064    (S)   PASSED Y12 N7 E1                                  
 04/18/95      1065    (S)   EFFECTIVE DATE PASSED Y19 N- E1                   
 04/18/95      1065    (S)   PEARCE  NOTICE OF RECONSIDERATION                 
 04/19/95      1089    (S)   HELD ON RECONSIDERATION TO 4/20                   
 04/20/95      1114    (S)   RECON TAKEN UP - IN THIRD READING                 
 04/20/95      1115    (S)   RETURN TO 2ND RESCIND ACTION                      
                             AM 1 Y18 N2                                       
 04/20/95      1115    (S)   RESCINDED ACTION IN ADOPTING                      
                             AM 1 Y11 N9                                       
 04/20/95      1116    (S)   AM NO 1      FAILED  Y10 N10                      
 04/20/95      1116    (S)   AUTOMATICALLY IN THIRD READING                    
 04/20/95      1116    (S)   RETURN TO 2ND RESCIND ACTION                      
                             AM 2 Y17 N3                                       
 04/20/95      1117    (S)   RESCINDED ACTION IN ADOPTING                      
                             AM 2 Y11 N9                                       
 04/20/95      1117    (S)   AM NO 2      FAILED  Y7 N13                       
 04/20/95      1117    (S)   AUTOMATICALLY IN THIRD READING                    
 04/20/95      1118    (S)   RETURN TO 2ND RESCIND ACTION                      
                             AM 3 Y17 N3                                       
 04/20/95      1118    (S)   RESCINDED ACTION IN ADOPTING                      
                             AM 3 Y11 N9                                       
 04/20/95      1119    (S)   AM NO  3     FAILED  Y8 N12                       
 04/20/95      1119    (S)   AUTOMATICALLY IN THIRD READING                    
 04/20/95      1119    (S)   PASSED ON RECONSIDERATION Y13 N7                  
 04/20/95      1120    (S)   EFFECTIVE DATE PASSED Y17 N3                      
 04/20/95      1127    (S)   TRANSMITTED TO (H)                                
 04/21/95      1417    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/21/95      1418    (H)   CRA, JUDICIARY                                    
 04/27/95              (H)   CRA AT 01:00 PM CAPITOL 124                       
                                                                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-17, SIDE A                                                            
 Number 000                                                                    
                                                                               
 CO-CHAIR IVAN IVAN called the House Community and Regional                    
 Affairs Committee meeting to order at 1:33 p.m.  He noted the                 
 members present at the call to order were Representatives Ivan,               
 Austerman, Kott, Vezey and Elton.  The bills for consideration                
 was SB 6 - Suspend Drivers Licenses/Traffic Offenses and SB 87 -              
 Alcoholic Beverages; Local Option.                                            
                                                                               
 SB 6 - SUSPEND DRIVERS LICENSES/TRAFFIC OFFENSES                            
                                                                               
 Number 039                                                                    
                                                                               
 CO-CHAIR IVAN announced SB 6 would be first, sponsored by Senator             
 Taylor.  In members' packets was a proposed amendment, fiscal                 
 notes, sponsor statement and backup materials.  He invited Joe                
 Ambrose of Senator Taylor's to present the bill.                              
                                                                               
 JOE AMBROSE, Legislative Assistant to Senator Taylor, introduced              
 the bill on behalf of Senator Taylor, who was the prime sponsor.              
 He stated that the intent of the legislation was to encourage                 
 individuals to pay some of the 25,000 traffic fines for moving                
 violations that go uncollected each year.  It provided the court              
 with additional leverage in collecting the fines and applied to a             
 person who failed to appear in court as ordered.  It allowed the              
 court to suspend the driver's license of anyone who failed to                 
 appear in court or pay a fine.  It also had a provision for                   
 attaching the permanent fund dividend.  Section 3 of the bill                 
 addressed a perceived problem with the Anchorage Parking                      
 Authority and would restrict the amount municipalities could                  
 collect on traffic citations issued.  He indicated that this                  
 section would affect any municipality that uses other than peace              
 officers to do parking enforcement.                                           
                                                                               
 Number 089                                                                    
                                                                               
 CO-CHAIR AUSTERMAN asked what the provision referring to the                  
 citation form meant.                                                          
                                                                               
 MR. AMBROSE stated that a standard citation form was laid out by              
 state law.  This section of the bill required all municipalities              
 to use that form or something very similar.                                   
                                                                               
 Number 106                                                                    
                                                                               
 REPRESENTATIVE AL VEZEY asked if Section 3 was, in effect,                    
 killing the privatization of certain government services.                     
                                                                               
 MR. AMBROSE indicated that it would restrict the amount of a fine             
 that could be collected by a municipality that operated with                  
 private sector enforcement.                                                   
                                                                               
 Number 128                                                                    
                                                                               
 REPRESENTATIVE PETE KOTT stated he thought the answer to                      
 Representative Vezey's question was that it did restrict the                  
 municipalities from contracting with the private sector because               
 it required a citation to be issued by a peace officer.                       
                                                                               
 Number 137                                                                    
                                                                               
 CO-CHAIR AUSTERMAN asked if that was the objective to stop                    
 privatization of these activities.                                            
                                                                               
 MR. AMBROSE indicated that it was not Senator Taylor's intent.                
 The amendment had been added on the Senate floor and was not part             
 of the original bill.  The sole intent of the original                        
 legislation was to give the court system some leverage to collect             
 some of the outstanding fines for moving violations.                          
                                                                               
 Number 147                                                                    
                                                                               
 REPRESENTATIVE KOTT stated that he had an amendment to delete                 
 section 3 and moved the amendment.                                            
                                                                               
 REPRESENTATIVE KIM ELTON asked what the justification was for the             
 insertion of the section.                                                     
                                                                               
 MR. AMBROSE noted that the legislation had been introduced last               
 year and amended in Senate Finance to add a provision linking                 
 renewal of motor vehicle registration to parking violations.  In              
 essence, it strengthened the authority of the Anchorage Parking               
 Authority or any similar entity.  The bill was reintroduced this              
 year with that provision in it.  That provision was deleted and               
 on the Senate Floor the issue was brought up and Section 3 was                
 inserted in the bill.  Senator Taylor supported Representative                
 Kott's amendment.                                                             
                                                                               
 Number 197                                                                    
                                                                               
 CO-CHAIR IVAN asked if the objection was maintained.  Hearing                 
 none, that amendment was adopted.                                             
                                                                               
 Number 206                                                                    
                                                                               
 REPRESENTATIVE VEZEY moved HCS SB 6(CRA) be passed from committee             
 with individual recommendations.                                              
                                                                               
 CO-CHAIR IVAN indicated that motion was adopted without                       
 objection.                                                                    
                                                                               
 REPRESENTATIVE VEZEY amended his motion to include the fiscal                 
 notes.                                                                        
                                                                               
 CO-CHAIR IVAN asked if there was objection.  Hearing none, the                
 bill passed from committee with no objections.                                
                                                                               
 SB 87 - ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC.                           
                                                                               
 Number 232                                                                    
                                                                               
 CO-CHAIR IVAN noted that in the members' packets was a fiscal                 
 note, sectional analysis, sponsor statement, position paper and               
 backup materials.  He invited Mr. Ambrose to introduce the bill.              
 He also indicated that the committee was on teleconference.                   
                                                                               
 Number 239                                                                    
                                                                               
 MR. AMBROSE, Legislative Assistant to Senator Taylor, presented               
 CSSB 87(FIN) to the committee on behalf of Senator Taylor.   At               
 the request of the Alcoholic Beverage Control Board, this                     
 legislation was introduced to address concerns over the lack of               
 clarity on how local option elections were conducted.  This                   
 legislation simplified that process and addressed long needed                 
 technical and common sense amendments to Title 4.  The bill                   
 addressed the concern that there is no provision to move from one             
 type of local option to another.  Under current law, a community              
 must first vote to remove restrictions on sale and importation of             
 alcoholic beverages and then conduct another vote on the new                  
 option.                                                                       
                                                                               
 Number 280                                                                    
                                                                               
 PATRICK SHARROCK, Director, Alcoholic Beverage Control Board,                 
 Department of Revenue, testified that the board had requested the             
 legislation over concerns for local option elections and the                  
 deficiency in those laws.  He indicated that this legislation had             
 almost made it through the system last session.                               
                                                                               
 Number 307                                                                    
                                                                               
 REPRESENTATIVE VEZEY asked for an explanation of Section 7 of the             
 bill.                                                                         
                                                                               
 MR. SHARROCK indicated that people familiar with the brew pub                 
 business had said that 75,000 gallons was the amount necessary to             
 make an investment economically viable.  He stated that a brew                
 pub was the ability of a person who already has a bar license or              
 beverage dispensary license to install a facility to produce beer             
 on that licensed premises.  He indicated there had been only two              
 or three requests in the last year and they had indicated that                
 75,000 was the experienced production rate in other states.                   
                                                                               
 REPRESENTATIVE VEZEY asked if a brew pub license allowed them to              
 wholesale their brew.                                                         
                                                                               
 MR. SHARROCK stated they could only retail it on their premises.              
 There was no one with the brew pub license who had been in                    
 business long enough to know how their production was going to                
 grow.                                                                         
                                                                               
 Number 378                                                                    
                                                                               
 REPRESENTATIVE KOTT asked why 75,000 gallons was the figure                   
 selected.                                                                     
                                                                               
 MR SHARROCK indicated it was based on what other states used.  It             
 also related to the use of containers and the frequency of                    
 rolling over the production of the beer.                                      
                                                                               
 Number 394                                                                    
                                                                               
 REPRESENTATIVE KOTT inquired with regard to section 4 of the                  
 bill, why, in a dry community, was more that 12 gallons                       
 prohibited.                                                                   
                                                                               
 MR. SHARROCK noted that under some of the provisions of the new               
 section of the local option law, people could import alcohol but              
 not for resale.                                                               
                                                                               
 REPRESENTATIVE KOTT asked if dry communities could make home                  
 brew.                                                                         
                                                                               
 MR. SHARROCK stated they could not.                                           
                                                                               
 Number 410                                                                    
                                                                               
 CO-CHAIR IVAN recognized Senator Dave Donley and invited him to               
 join the members at the table.                                                
                                                                               
 Number 420                                                                    
                                                                               
 CO-CHAIR AUSTERMAN indicated it was his understanding that                    
 villages could be dry, damp or wet.  He asked if alcohol could be             
 brought into a dry village.                                                   
                                                                               
 Number 434                                                                    
                                                                               
 MR. SHARROCK stated that the bill did not change the current                  
 provisions of local options for communities.  It changed the                  
 language to allow elections to change between options and                     
 clarified language of elections.  It did say that elections could             
 not be held earlier than 12 months or more than once in 18                    
 months.                                                                       
                                                                               
 Number 455                                                                    
                                                                               
 MR. AMBROSE noted that the change to 12 gallons was only changing             
 liters to gallons.  The quantity had not changed.  Those types of             
 technical changes had been made throughout the legislation.                   
                                                                               
 Number 464                                                                    
                                                                               
 CO-CHAIR IVAN understood that the intent of the legislation was               
 to clarify the confusion around elections.  He indicated he was               
 well aware that there was much confusion in this area and there               
 was a great need for clarification.                                           
                                                                               
 Number 486                                                                    
                                                                               
 CO-CHAIR AUSTERMAN asked for a clarification on whether the board             
 had proposed the legislation.                                                 
                                                                               
 MR. SHARROCK stated that the legislation had been proposed last               
 year.  There were some amendments that the board had not seen but             
 he felt confident that they would support them.  He noted that                
 the reason for the length of the bill was because the local                   
 option provisions had been renumbered causing changes to almost               
 every page.                                                                   
                                                                               
 Number 495                                                                    
                                                                               
 SENATOR DAVE DONLEY asked if Sections 11 and 12 were not proposed             
 by the board, but by a Senate committee.                                      
                                                                               
 MR. SHARROCK stated they had been added last year and the board               
 had not taken a position either way.                                          
                                                                               
 Number 512                                                                    
                                                                               
 CO-CHAIR IVAN indicated that Representative Nicholia had joined               
 the committee.  He then stated that the committee would be taking             
 testimony via teleconference.                                                 
                                                                               
 Number 520                                                                    
                                                                               
 DAVID HARDING, Mayor's Office in Barrow, stated that he was                   
 faxing the mayor's testimony to the committee.                                
                                                                               
 Number 524                                                                    
                                                                               
 JIM WOOD, North Slope Borough Police Department, expressed a                  
 desire to have the legislation amended so that the punishment for             
 possession of alcohol in a dry community would be a class A                   
 misdemeanor.                                                                  
                                                                               
 Number 605                                                                    
                                                                               
 CO-CHAIR AUSTERMAN asked what specific amendment he was                       
 proposing.                                                                    
                                                                               
 MR. WOOD indicated he wished to amend Section 39 (e) to add "or               
 who possesses an alcoholic beverage," after "...sends,                        
 transports...in violation of  AS 04.11.499 ,".                              
                                                                               
 Number 640                                                                    
                                                                               
 MARK HAMLIN of Barrow, testified that he was concerned that Title             
 4 was being distorted and was unfair to those opposed to                      
 prohibition.                                                                  
                                                                               
 Number 680                                                                    
                                                                               
 TOM NICOLOS of Barrow, testified in opposition to government                  
 setting the limits of the local option laws.  He feared citizens              
 would become felons because they had too much beer in their                   
 homes.  He felt felonies were for heinous crimes.  He itemized                
 several changes he wished to have made in the legislation.                    
                                                                               
 TAPE 95-17, SIDE B                                                            
 Number 130                                                                    
                                                                               
 CO-CHAIR IVAN asked Mr. Nicolos to provide the committee with his             
 recommendations in writing.                                                   
                                                                               
 Number 143                                                                    
                                                                               
 PAT CARLSON, Kodiak Island Borough Assessor, speaking on behalf               
 of the mayor, spoke in support of the legislation.  There was a               
 need for streamlining and the legislation allowed for the                     
 community to address those needs.                                             
                                                                               
 Number 169                                                                    
                                                                               
 MARK GAGNIER of Anchorage, a felon under a DWI conviction, felt               
 that the legislation should be directed at distributors as the                
 problem, not the people consuming the alcohol.                                
                                                                               
 Number 216                                                                    
                                                                               
 REPRESENTATIVE ELTON asked regarding Section 12, if a person that             
 owns a bar, restaurant, club or package liquor store may buy                  
 alcoholic beverages only from a wholesaler, brewer, winery or a               
 distiller.  He asked if this precluded a purveyor from going to               
 Costco to shop for beverages for resale.                                      
                                                                               
 MR. SHARROCK indicated that a person may not purchase alcohol for             
 resale except for someone licensed under the title.  He indicated             
 it was difficult to ascertain the intent of a buyer.                          
                                                                               
 Number 264                                                                    
                                                                               
 RICK URION, Lobbyist for the Alaska Wine and Spirits Wholesalers              
 Association, stated that it was illegal to have an interest in                
 both wholesale and retail activities.   Costco cannot make                    
 wholesale sales since they have a retail license.                             
                                                                               
 Number 290                                                                    
                                                                               
 REPRESENTATIVE VEZEY expressed concern about bootlegging liquor               
 because of the lack of control.  He thought the purpose of                    
 Sections 11 and 12 was to establish a chain of responsibility.                
                                                                               
 Number 313                                                                    
                                                                               
 REPRESENTATIVE ELTON asked if it was true that Costco could not               
 sell alcoholic beverages for retail and if so, why was there a                
 need for Section 12.                                                          
                                                                               
 Number 320                                                                    
                                                                               
 MR. URION indicated that the people he represented had no problem             
 with retailers buying from Costco.  The retail buyers who buy in              
 quantity buy it cheaper.  The excise taxes are paid by the                    
 wholesaler and for that reason the retailer should buy from a                 
 wholesaler.  It protects the revenue stream as they are the ones              
 paying the tax.                                                               
                                                                               
 REPRESENTATIVE ELTON asked for clarification.  He inquired as to              
 whether a retailer could or could not shop at Costco and if that              
 is so why is it being restated in the bill.  He asked if this was             
 adding another level of taxation.                                             
                                                                               
 MR. URION stated that Section 12 was a continuation of Section 11             
 which was a brand registration law.  It requires wholesalers to               
 register their suppliers, brands and have certification that they             
 are the primary source.  The intent was to eliminate the gray                 
 market which is foreign or otherwise not controlled.  At this                 
 time, there is no one selling gray market goods.  Section 12 says             
 if you are a retailer, you must buy from a primary source.  He                
 indicated that anyone could become a wholesaler and sell any                  
 product that is not already being sold in the state.  He stated               
 that Costco could not become a wholesaler because they were a                 
 retailer.  The intent was to prevent monopolies.                              
                                                                               
 Number 447                                                                    
                                                                               
 MR. AMBROSE indicated that most people would buy from a                       
 wholesaler because it is more cost effective.  The intent was to              
 prevent gray markets.  Section 11 was the revenue generating                  
 section of the bill.                                                          
                                                                               
 Number 460                                                                    
                                                                               
 REPRESENTATIVE IRENE NICHOLIA asked if it was possible to limit               
 the amount of an item sold per day as an option.                              
                                                                               
 SENATOR DONLEY noted that the bill did ban Everclear.                         
                                                                               
 MR. SHARROCK indicated that a community that was under local                  
 option could, by ordinance, limit the amount sold as outlined                 
 under 4.11.491(a)1, (a)2, and (a)3.                                           
                                                                               
 Number 524                                                                    
                                                                               
 CO-CHAIR AUSTERMAN indicated that previous testimony had raised a             
 question regarding whether there was a disparity in who could ask             
 for an election.                                                              
                                                                               
 MR. AMBROSE stated that the amendment had been added in the                   
 Senate Judiciary Committee.  Senate Finance had proposed the 18               
 months as a compromise for time between elections.  It was felt               
 that there was a period of time needed to see if the option voted             
 on was working.  He indicated that both sides had the same                    
 options in calling for an election and didn't favor either side.              
 He noted there were 24 communities in the state that banned                   
 alcohol.  He stated the intent of the local governments was                   
 toward prevention, not punishment.                                            
                                                                               
 Number 588                                                                    
                                                                               
 CO-CHAIR AUSTERMAN asked someone to address the concern regarding             
 the amendment to make possession of alcohol a class A                         
 misdemeanor.                                                                  
                                                                               
 MR. SHARROCK noted that there was already a considerable body of              
 law defining the charges on possession of alcoholic beverages.                
 The board doesn't see a need to change any of that at this time.              
 The only changes in this legislation were to local options.                   
                                                                               
 Number 617                                                                    
                                                                               
 REPRESENTATIVE ELTON moved an amendment requiring two of the                  
 three public members on the Alcoholic Beverage Control Board to               
 be as follows:  One from the public health field and one from the             
 law enforcement field.                                                        
                                                                               
 REPRESENTATIVE VEZEY objected and noted that he could not recall              
 any complaints about the makeup of the board.                                 
                                                                               
 Number 652                                                                    
                                                                               
 MR. AMBROSE expressed concern that restricting the membership in              
 that way might not be positive.   He indicated that these                     
 provisions were added in Senate Finance.  He noted that another               
 amendment had dealt with the makeup of a quorum to require two                
 public members be present.                                                    
                                                                               
 REPRESENTATIVE VEZEY asked if the board had always had three                  
 public members and was informed that was true.   He did not                   
 support the amendments made in Senate Finance.                                
                                                                               
 Number 678                                                                    
                                                                               
 REPRESENTATIVE ELTON stated that the people appointed under the               
 amendment would remain public members and didn't feel it would                
 create a quorum problem.                                                      
                                                                               
 TAPE 95-18, SIDE A                                                            
 Number 005                                                                    
                                                                               
 CO-CHAIR AUSTERMAN indicated that he did not support the                      
 amendment.                                                                    
                                                                               
 CO-CHAIR IVAN asked that a roll call vote be taken.  Voting in                
 favor of the amendment was Representative Elton; voting against               
 the amendment were Representatives Ivan, Austerman, Kott and                  
 Vezey.  The amendment failed.                                                 
                                                                               
 Number 023                                                                    
                                                                               
 REPRESENTATIVE VEZEY moved to delete Sections 1 and 2 which were              
 amendments made in the Senate and were not in the bill last year.             
                                                                               
 MR. SHARROCK indicated that requiring two public members to be                
 present did pose a potential problem for the board since the                  
 industry members of the board were the more willing and dedicated             
 ones.                                                                         
                                                                               
 Number 076                                                                    
                                                                               
 REPRESENTATIVE VEZEY stated that his main reason for making the               
 motion was that they didn't do anything that wasn't already in                
 existence.                                                                    
                                                                               
 REPRESENTATIVE ELTON noted that the argument was probably true on             
 Section 2; however, he opposed the amendment to Section 1.  He                
 felt that it clarified some things that may be problems in the                
 future.  He objected to the motion.                                           
                                                                               
 Number 128                                                                    
                                                                               
 CO-CHAIR AUSTERMAN asked if the committee wished to divide the                
 question.  Hearing no objection, the motion was divided.  He                  
 indicated the question before the committee was to delete Section             
 1.  The roll was taken and the motion passed.  Voting in favor of             
 the motion were Representatives Vezey, Kott, Austerman.  Voting               
 against the motion was Representative Elton.                                  
                                                                               
 Number 157                                                                    
                                                                               
 CO-CHAIR AUSTERMAN announced that since there was not a quorum                
 present, the committee would stand in recess to a call of the                 
 Chair at 3:15 p.m.                                                            
                                                                               
 TAPE 95-19, SIDE A                                                            
 Number 000                                                                    
                                                                               
 CO-CHAIR IVAN called the House Community and Regional Affairs                 
 Committee meeting back to order at 9:57 p.m.  Members present at              
 the call to order were Representatives Austerman, Kott, Vezey and             
 Ivan.  He indicated that SB 87 was before the committee.                      
                                                                               
 CO-CHAIR AUSTERMAN stated that when the committee had recessed,               
 Amendment No. 3 was before the committee.  It was agreed that the             
 amendment was to delete Section 2 of the bill.                                
                                                                               
 Number 017                                                                    
                                                                               
 TOM WRIGHT, legislative assistant to Representative Ivan,                     
 informed the committee that if they removed Sections 1 and 2 from             
 the bill, they would need a concurrent resolution suspending the              
 Uniform Rules for a title change.                                             
                                                                               
 Number 020                                                                    
                                                                               
 REPRESENTATIVE VEZEY stated that the entire bill addressed the                
 duties of the Alcoholic Beverage Control Board and he did not                 
 feel that was a technicality the committee needed to be concerned             
 about.                                                                        
                                                                               
 Number 038                                                                    
                                                                               
 C0-CHAIR IVAN indicated that he had not been present at the                   
 conclusion of the afternoon session and was therefore turning the             
 meeting over to Co-Chair Austerman.                                           
                                                                               
 CO-CHAIR AUSTERMAN stated that the amendment before the committee             
 was to remove Section 2 from the bill.  There was no objection                
 and the amendment was adopted.                                                
                                                                               
 MR. WRIGHT informed the committee that Section 78 needed to be                
 deleted as it dealt with Sections 1 and 2 of the bill.                        
                                                                               
 REPRESENTATIVE KOTT moved to delete Section 78 and renumber                   
 accordingly.                                                                  
                                                                               
 CO-CHAIR AUSTERMAN, hearing no objections, indicated the motion               
 was adopted.                                                                  
                                                                               
 REPRESENTATIVE VEZEY moved that the committee adopt a C&RA                    
 committee substitute for CSSB 87(FIN) incorporating the amendment             
 passed by the committee.                                                      
                                                                               
 CO-CHAIR AUSTERMAN asked for objections; hearing none, the                    
 committee substitute was adopted.                                             
                                                                               
 REPRESENTATIVE VEZEY moved that HCS CSSB 87(CRA) be passed from               
 committee with individual recommendations.                                    
                                                                               
 CO-CHAIR AUSTERMAN asked for objections.  There were none, and                
 the bill passed from committee.                                               
 ADJOURNMENT                                                                   
                                                                               
 The House Community and Regional Affairs Committee was adjourned              
 at 10:04 p.m.                                                                 
                                                                               
                                                                               

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