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