Legislature(2005 - 2006)CAPITOL 17
04/10/2006 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB494 | |
| HB431 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 431 | TELECONFERENCED | |
| += | HB 494 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 10, 2006
3:52 p.m.
MEMBERS PRESENT
Representative Tom Anderson, Chair
Representative Bob Lynn
Representative Norman Rokeberg
Representative Harry Crawford
Representative David Guttenberg
MEMBERS ABSENT
Representative Pete Kott
Representative Gabrielle LeDoux
COMMITTEE CALENDAR
HOUSE BILL NO. 494
"An Act relating to private professional conservators and
private and public guardians."
- HEARD AND HELD
HOUSE BILL NO. 431
"An Act relating to sales of wine by a winery licensee."
- MOVED CSHB 431(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 494
SHORT TITLE: GUARDIANSHIP AND CONSERVATORS
SPONSOR(s): LABOR & COMMERCE
03/24/06 (H) READ THE FIRST TIME - REFERRALS
03/24/06 (H) L&C, JUD, FIN
04/03/06 (H) L&C AT 3:15 PM CAPITOL 17
04/03/06 (H) <Bill Hearing Postponed to 04/05/06>
04/05/06 (H) L&C AT 3:15 PM CAPITOL 17
04/05/06 (H) -- Meeting Canceled --
04/10/06 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 431
SHORT TITLE: WINERY LICENSES
SPONSOR(s): REPRESENTATIVE(s) LEDOUX
02/06/06 (H) READ THE FIRST TIME - REFERRALS
02/06/06 (H) L&C, FIN
04/10/06 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
JOSH APPLEBEE, Staff
to Representative Anderson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 494 on behalf of the House
Labor and Commerce Standing Committee, sponsor, chaired by
Representative Anderson.
JIM PARKER, Supervising Attorney
Public Guardian Section
Office of Public Advocacy (OPA)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Reviewed the changes encompassed in HB 494.
BETTY STANLEY
Alaska State Association for Guardianship and Advocacy
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 494.
JOSH FINK, Director
Office of Public Advocacy
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 494.
CHRISTINE MARASIGAN, Staff
to Representative LeDoux
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 431 on behalf of
Representative LeDoux, sponsor.
STEVEN (STEVE) THOMPSON, Owner
Alaskan Wilderness Wines
Kodiak, Alaska
POSITION STATEMENT: Encouraged support for HB 431.
DALE FOX, Executive Director
Alaska Cabaret, Hotel, Restaurant & Retailer's Association
Anchorage, Alaska
POSITION STATEMENT: Testified that Alaska CHARR supports the
provisions in HB 431 for Alaska wineries to ship product to
Alaskans.
DOUGLAS (DOUG) B. GRIFFIN, Director
Alcoholic Beverage Control Board ("ABC Board")
Anchorage, Alaska
POSITION STATEMENT: During hearing on HB 431, answered
questions.
ACTION NARRATIVE
CHAIR TOM ANDERSON called the House Labor and Commerce Standing
Committee meeting to order at 3:52:21 PM. Representatives
Anderson, Rokeberg, Crawford, and Guttenberg were present at the
call to order. Representative Lynn arrived as the meeting was
in progress.
HB 494-GUARDIANSHIP AND CONSERVATORS
3:52:37 PM
CHAIR ANDERSON announced that the first order of business would
be HOUSE BILL NO. 494, "An Act relating to private professional
conservators and private and public guardians."
3:52:56 PM
JOSH APPLEBEE, Staff to Representative Anderson, Alaska State
Legislature, speaking on behalf of the sponsor, the House Labor
and Commerce Standing Committee, explained that HB 494 aims to
correct some unintended consequences resulting from the passage
of House Bill 427 in 2004. He reminded the committee that
House Bill 427 responded to a need for oversight of private,
professional guardians and conservators. The legislation gave
responsibility for regulation of private professional guardians
to the Division of Occupational Licensing, now know as the
Division of Corporations, Business, & Professional Licensing. A
new statutory section was created in AS 08.26, which established
the process by which private guardians and conservators would
obtain licensure and act as guardians or conservators for
disabled Alaskans. He noted that House Bill 427 also made
changes in the guardianship statutes contained in AS 13.26.
3:53:49 PM
MR. APPLEBEE highlighted that HB 494 only deals with AS 08.26.
This legislation, HB 494, is supported by the Division of
Corporations, Business, & Professional Licensing and the Alaska
State Association for Guardianship and Advocacy, he related.
3:54:26 PM
REPRESENTATIVE ROKEBERG moved to adopt CSHB 494, Version 24-
LS11763\F, Mischel, 4/4/06, as the working document. There
being no objection, Version F was before the committee.
3:55:15 PM
JIM PARKER, Supervising Attorney, Public Guardian Section,
Office of Public Advocacy (OPA), Department of Administration
(DOA), explained that the intent behind House Bill 427 was for
there to be a healthy, vibrant private sector to provide
guardianship and conservatorship services to individuals in
Alaska with disabilities. However, the legislation created some
unintended barriers to the private sector with the
organizational license requirement and the lack of clarity that
those guardians providing conservatorship services don't need to
obtain a separate license. Therefore, HB 494 eliminates the
organizational license requirement and clarifies that those who
obtain a guardian license are able to perform conservatorship
services as well so long as they meet the conservatorship
license requirements. The aforementioned, he opined, will
provide incentives to the private sector.
MR. PARKER then turned the committee's attention to the end of
HB 494, which amends the public guardian statute. This
amendment specifies that any employee of the Office of Public
Advocacy acting as a public guardian and providing guardianship
and conservatorship services would also have to meet the current
requirement applicable to private guardians and conservators,
including going through a criminal background check and being
certified by a nationally recognized organization. Currently,
the only nationally recognized organization is the National
Guardianship Association. He then pointed out that under HB
494, AS 08.26.030 is amended to reflect the standard concerning
criminal background checks and barrier crimes such that it
reflects the standard of the National Guardianship Association.
He noted that some changes were made because the Division of
Corporations, Business, & Professional Licensing believed the
provisions to be unnecessary.
3:59:51 PM
CHAIR ANDERSON announced that HB 494 will be held today.
REPRESENTATIVE GUTTENBERG commented that he wasn't aware that
guardianship has actually become a business, and therefore he
asked for the background on it.
MR. PARKER explained that in Alaska a conservator is appointed
only to manage the financial affairs of a person with a
disability or some sort of incapacity. However, a guardian has
broader powers, including the ability to make decisions
regarding a person's finances. Guardians also have the power
and obligation to make decisions regarding medical care and
placement. This legislation, he stated, doesn't change anything
about the existing structure of guardianship, which is a process
set out in statute that results in appointment through the
court. For many years there have been private alternatives to
the Office of Public Advocacy, which provides guardianship and
conservatorship services as a last resort such as when there is
no family member, friend, or private entity that can do so.
4:02:19 PM
REPRESENTATIVE ROKEBERG, referred to page 2, line 22, and
inquired as to the definition of a partial guardian.
MR. PARKER answered that a partial guardian is someone who
doesn't have all the duties set out in statute. That provision,
he explained, recognizes the possibility that people may want to
be licensed to act as a guardian, but don't want to assume
financial responsibility. Mr. Parker opined that the
aforementioned won't happen often, but the statutes need to
allow for that possibility. In further response to
Representative Rokeberg, Mr. Parker said that a partial guardian
would be a private professional guardian or conservator. He
noted that Title 13 includes definitions regarding limited and
partial guardians.
4:04:40 PM
BETTY STANLEY, Alaska State Association for Guardianship and
Advocacy (ASAGA), began by informing the committee that she
worked with the sponsor on House Bill 427. She further informed
the committee that she has been a court visitor for 17 years as
she performs the court investigation prior to guardianship or
conservatorships being appointed by the court. This legislation
and House Bill 427 were intended to license the private sector,
which didn't exist at one time. Since working with the Division
of Corporations, Business, & Professional Licensing, it became
apparent that House Bill 427 slowed/impeded the process or made
it very expensive because the language was interpreted to
require three licenses, which was not the intent. This proposed
legislation would clarify that multiple licenses aren't
required. Furthermore, HB 494 makes it easier for those in the
private sector to obtain a license as it makes it a bit less
expensive. Therefore, ASAGA, she relayed, supports the changes
and amendments that require certification and background checks.
4:06:46 PM
JOSH FINK, Director, Office of Public Advocacy, Department of
Administration, thanked the sponsor because it's critical for
there to be regulation of private guardians. He echoed the
earlier testimony that the intention was never to require people
to obtain three licenses. He expressed hope that HB 494 will
allow more individuals to become private guardians. Mr. Fink
opined that the department fully supports HB 494. He
highlighted the fact that there are zero fiscal notes from the
Office of Public Advocacy and the Division of Corporations,
Business, & Professional Licensing. He mentioned that the
Division of Corporations, Business, & Professional Licensing
supports HB 494.
4:07:37 PM
CHAIR ANDERSON announced that HB 494 would be held over.
HB 431-WINERY LICENSES
4:08:37 PM
CHAIR ANDERSON announced that the final order of business would
be HOUSE BILL NO. 431, "An Act relating to sales of wine by a
winery licensee."
4:09:01 PM
CHRISTINE MARASIGAN, Staff to Representative LeDoux, Alaska
State Legislature, sponsor, noted a draft committee substitute
(CS) included in members' packets.
REPRESENTATIVE ROKEBERG made a motion to adopt CSHB 431, Version
24-LS1578\G, Luckhaupt, 4/06/06, as the working document. There
being no objection, Version G was before the committee.
MS. MARASIGAN explained that HB 431 makes it possible for in-
state wineries to sell wine in-state. Currently, she said, it
is possible to go online and purchase wine from out-of-state
wineries; however, it is currently illegal to purchase from in-
state wineries.
4:10:38 PM
STEVEN (STEVE) THOMPSON, Owner, Alaskan Wilderness Wines, said
that HB 431 would give in-state wineries equal treatment with
out-of-state wineries. He encouraged support of the bill.
REPRESENTATIVE ROKEBERG asked what types of wine Alaskan
Wilderness Wines produces.
MR. THOMPSON replied that his company currently produces a
variety of berry wines, in addition to sparkling rhubarb, and
mead. He said that production is around 150 cases per year.
4:12:01 PM
DALE FOX, Executive Director, Alaska Cabaret, Hotel, Restaurant
& Retailer's Association (CHARR), related that Alaska CHARR
supports the provisions for Alaska wineries to ship product to
Alaskans. He related that most states allowed in-state wineries
to ship but not the out-of-state wineries, which resulted in
supreme court challenges. Alaska has a small industry, and all
that can be done to support it should be done, he opined.
Clearly, if out-of-state wines are allowed to be shipped to
Alaska, those wineries in the state should also be allowed to
ship to Alaskans. Mr. Fox highlighted that when a retail
package store ships alcohol it must follow the specifications of
13 AAC 104.645, which basically establishes provisions to ensure
that the purchaser is 21 years of age and the order is paid. If
in-state wineries are allowed to ship, then they should be
required to follow the same rules as package stores, he said.
4:14:07 PM
REPRESENTATIVE CRAWFORD recalled that similar legislation
addressed this two to three years ago.
CHAIR ANDERSON reminded the committee that the legislation to
which Representative Crawford spoke did not pass.
REPRESENTATIVE GUTTENBERG noted that there was a supreme court
ruling that specified that there can't be two sets of rules,
which this legislation corrects. He asked if there are any
statements by the courts that need to be addressed.
4:15:29 PM
MS. MARASIGAN explained that in most other states wine can be
shipped within the state, but those from out-of-state were
prevented from shipping wine into the state. Therefore, the
supreme court ruling stated that both must be treated equally.
In Alaska, out-of-state wineries are allowed to ship into the
state while in-state wineries aren't allowed to ship within the
state.
REPRESENTATIVE GUTTENBERG asked if the parity of taxation was
addressed in this ruling.
MS. MARASIGAN said she did not believe that it was. She related
her belief that taxes were addressed such that an out-of-state
winery couldn't be charged more to ship into another state than
what those in the state were being charged.
REPRESENTATIVE GUTTENBERG questioned whether the ruling touched
taxation as it applies to Internet sales.
4:17:17 PM
DOUGLAS (DOUG) B. GRIFFIN, Director, Alcoholic Beverage Control
Board ("ABC Board"), in response to an earlier question, said
that the ABC Board would not have a problem instructing the
wineries to follow the same provisions, written order
provisions, as for package stores. For equity, he agreed that a
similar regulation to apply to direct shipment from wineries
would be appropriate.
REPRESENTATIVE ROKEBERG surmised that an amendment is needed to
create the duty unless that is already in place.
MR. GRIFFIN said that he would like to speak with his legal
counsel on that matter.
CHAIR ANDERSON interjected that the next committee of referral
for HB 431 is the House Finance Committee. He suggested that
the legislation could be reported from committee and the sponsor
and staff could address that matter before the legislation
arrives in the House Finance Committee.
REPRESENTATIVE ROKEBERG opined that the winery should abide by
the law and it's merely a matter of whether it should be placed
in statute or whether the current regulations are applicable.
REPRESENTATIVE GUTTENBERG asked if there is companion
legislation in the Senate.
MS. MARASIGAN replied no.
REPRESENTATIVE ROKEBERG noted that this legislation only extends
those privileges to in-state wineries. He related his
understanding that Alaska's statutes regarding the importation
of wine are out of compliance.
MR. GRIFFIN pointed out that in Alaska there was never a
statutory or regulatory provision that addressed an Alaskan
ordering wine from an out-of-state winery. In the absence of
the statute, the ABC Board determined that it is permissible for
Alaskans to order wine from [out-of-state] wineries for personal
use. He related his understanding that the Supreme Court's
ruling didn't take away the powers of taxation, but mainly
attempted to treat all wineries equal.
4:22:19 PM
REPRESENTATIVE ROKEBERG related his understanding that a winery
outside the state has to be licensed with the State of Alaska in
order to export into the state.
MR. GRIFFIN replied no.
CHAIR ANDERSON, upon determining that no one else wished to
testify, closed public testimony.
4:23:06 PM
REPRESENTATIVE ROKEBERG asked if there was a reason why the
winery fee was deleted.
MS. MARASIGAN answered that Mr. Griffin didn't feel it was a
good idea and thus the winery fee was deleted.
REPRESENTATIVE LYNN moved to report CSHB 431, Version 24-
LS1578\G, Luckhaupt, 4/6/06, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 431(L&C) was reported from committee.
4:24:03 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:24 p.m.
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