Legislature(1995 - 1996)
04/27/1995 01:33 PM CRA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.