Legislature(2005 - 2006)CAPITOL 17

04/20/2005 03:15 PM LABOR & COMMERCE


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03:36:06 PM Start
03:37:30 PM HB190
03:47:31 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL
Moved CSHB 190(L&C) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 20, 2005                                                                                         
                           3:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
Representative Pete Kott                                                                                                        
Representative Gabrielle LeDoux                                                                                                 
Representative Bob Lynn                                                                                                         
Representative Harry Crawford                                                                                                   
Representative David Guttenberg                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Tom Anderson, Chair                                                                                              
Representative Norman Rokeberg                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 190                                                                                                              
"An Act  relating to the  purchase of alcoholic beverages  and to                                                               
requiring  identification to  buy alcoholic  beverages; requiring                                                               
driver's  licenses and  identification cards  to be  marked if  a                                                               
person  is restricted  from consuming  alcoholic  beverages as  a                                                               
result of a conviction or condition of probation or parole."                                                                    
                                                                                                                                
     - MOVED CSHB 190(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 190                                                                                                                  
SHORT TITLE: REQUIRED ID FOR PURCHASING ALCOHOL                                                                                 
SPONSOR(S): REPRESENTATIVE(S) CRAWFORD                                                                                          
                                                                                                                                
03/01/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/01/05       (H)       L&C, JUD                                                                                               
03/22/05       (H)       L&C AT 1:00 PM CAPITOL 17                                                                              
03/22/05       (H)       Heard & Held                                                                                           
03/22/05       (H)       MINUTE(L&C)                                                                                            
04/20/05       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
DOUG WOOLIVER, Administrative Attorney                                                                                          
Alaska Court System                                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Offered information on HB 190.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
REPRESENTATIVE KOTT, acting as chair,  called the House Labor and                                                             
Commerce  Standing  Committee meeting  to  order  at 3:36:06  PM.                                                             
Representatives  Kott,   Lynn,  Crawford,  and   Guttenberg  were                                                               
present at the  call to order.  Representative  LeDoux arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
HB 190-REQUIRED ID FOR PURCHASING ALCOHOL                                                                                     
                                                                                                                                
REPRESENTATIVE  KOTT announced  that the  only order  of business                                                               
would be HOUSE BILL NO. 190,  "An Act relating to the purchase of                                                               
alcoholic  beverages  and  to  requiring  identification  to  buy                                                               
alcoholic    beverages;   requiring    driver's   licenses    and                                                               
identification cards to be marked  if a person is restricted from                                                               
consuming  alcoholic beverages  as a  result of  a conviction  or                                                               
condition of probation or parole."                                                                                              
                                                                                                                                
REPRESENTATIVE GUTTENBERG  moved to  adopt CSHB 190,  Version 24-                                                               
LS0617\F,  Luckhaupt, 4/11/05,  as the  working document.   There                                                               
being no objection, Version F was before the committee.                                                                         
                                                                                                                                
3:37:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD explained  that instead  of requiring  a                                                               
mandatory  check  of   [each  individual's]  identification  (ID)                                                               
before  one  can enter  a  licensed  establishment or  a  package                                                               
store, it  is now  [under Version  F] an option.   However,  if a                                                               
licensed establishment  decided to check IDs  and discovered that                                                               
an individual  under court  order to not  buy, consume,  or enter                                                               
the premises was,  the establishment could seek a  $1,000 fine in                                                               
civil court.   This  was modeled  after legislation  sponsored by                                                               
Representative Meyer, he mentioned.                                                                                             
                                                                                                                                
3:38:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD specified that  [Version F] provides that                                                               
an individual  who, under  a court order,  cannot buy  or consume                                                               
alcoholic  beverages or  enter a  licensed establishment  will be                                                               
issued a  driver's license  with an  easily identifiable  mark to                                                               
that effect  on the license.   In order  for the court  system to                                                               
administer this  without an added  expense, the  language "crime"                                                               
would need  to be deleted  and replaced with the  language "drunk                                                               
driving offense" because that information  is already shared with                                                               
the Division of  Motor Vehicles (DMV) and thus there  would be no                                                               
additional cost [to identify these individuals].                                                                                
                                                                                                                                
3:40:11 PM                                                                                                                    
                                                                                                                                
DOUG  WOOLIVER,  Administrative  Attorney, Alaska  Court  System,                                                               
explained   that  the   amendment  suggested   by  Representative                                                               
Crawford  reflects a  concern  between the  DMV  and the  Alaskan                                                               
Court System in  regard to how the two exchange  information.  He                                                               
clarified  that   the  two  entities  do   not  share  electronic                                                               
information.   Although the court  and DMV currently  share paper                                                               
files on all  driving under the influence  (DUI) offenses because                                                               
of  the license  action required  for  DMV, the  two don't  share                                                               
paper files on the other  alcohol-related offenses.  Mr. Wooliver                                                               
explained  that  thus far  [the  Alaska  Court System]  has  been                                                               
unable to  determine a way,  without it  being a huge  expense to                                                               
the courts or  DMV, to share paper files for  individuals who may                                                               
have  a restriction  on  alcohol consumption  as  a condition  of                                                               
probation.   He  emphasized that  sharing such  information would                                                               
entail massive amounts of data  entry.  Therefore, Representative                                                               
Crawford's [amendment] would be a step  that can be taken with no                                                               
additional cost to the court.                                                                                                   
                                                                                                                                
3:41:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  asked   if   this  already   established                                                               
procedure can transmit the terms  and conditions of probation and                                                               
parole.                                                                                                                         
                                                                                                                                
MR. WOOLIVER  noted that issues  concerning parole  are addressed                                                               
by the Department of Corrections.   With regard to probation, the                                                               
court can amend its judgment form  to provide a check off for "no                                                               
alcohol".   The  same  form goes  to  DMV and  thus  would be  no                                                               
problem, he added. In further  response to Representative LeDoux,                                                               
Mr. Wooliver explained that the  conditions of parole established                                                               
by   the  Department   of  Corrections   frequently  mirror   the                                                               
conditions of probation set by the court system.                                                                                
                                                                                                                                
3:43:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked if the  Department of Corrections has                                                               
a  form that  it could  use, and  pass on  to DMV,  in a  similar                                                               
fashion as suggested for the court system.                                                                                      
                                                                                                                                
MR.  WOOLIVER said  that he  didn't  know how  the Department  of                                                               
Corrections  transmits such  information  or even  how often  its                                                               
conditions in DUI cases mirror those from the court system.                                                                     
                                                                                                                                
3:43:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG,  referring to  page 2, line  26, asked                                                               
if  electronic reading  and display  [of  driver's licenses  with                                                               
this information] is currently available.                                                                                       
                                                                                                                                
REPRESENTATIVE CRAWFORD indicated that  this language was desired                                                               
because presently  there is the  ability to read the  new digital                                                               
licenses.  However, it won't make  a change, he said.  In further                                                               
response  to Representative  Guttenberg, Representative  Crawford                                                               
confirmed that elsewhere in statute  it says that procedurally or                                                               
via regulations "they're doing that."                                                                                           
                                                                                                                                
3:45:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD moved that  the committee adopt Amendment                                                               
1,  which  would  delete  the langauge  "crime"  and  insert  the                                                               
language  "drunk driving  offense".   There  being no  objection,                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  CSHB  190,  Version  24-                                                               
LS0617\F, Luckhaupt,  4/11/05, as amended, out  of committee with                                                               
individual recommendations and a  forthcoming fiscal note.  There                                                               
being no  objection, CSHB  190(L&C) was  reported from  the House                                                               
Labor and Commerce Standing Committee.                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
3:47:31 PM.                                                                                                                   

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