04/16/2009 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB98 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 98 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 16, 2009
3:30 p.m.
MEMBERS PRESENT
Senator Donald Olson, Chair
Senator Hollis French
Senator Linda Menard
MEMBERS ABSENT
Senator Joe Thomas, Vice Chair
Senator Albert Kookesh
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 98(FIN) AM
"An Act relating to minor consuming and repeat minor consuming;
relating to penalties for violations of limitations on
possessing, sending, shipping, transporting, or bringing
alcoholic beverages to, soliciting or receiving orders for
delivery of alcoholic beverages to, and the manufacture, sale,
offer for sale, barter, traffic, or possession of alcoholic
beverages in, a local option area; and providing for an
effective date."
MOVED CSHB 98(FIN)am OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 98
SHORT TITLE: ALCOHOL: MINOR CONSUMING/LOCAL OPTION
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
01/28/09 (H) READ THE FIRST TIME - REFERRALS
01/28/09 (H) JUD, FIN
02/02/09 (H) JUD AT 1:00 PM CAPITOL 120
02/02/09 (H) Moved Out of Committee
02/02/09 (H) MINUTE(JUD)
02/04/09 (H) JUD RPT 6DP
02/04/09 (H) DP: LYNN, GRUENBERG, COGHILL, HOLMES,
GATTO, RAMRAS
02/17/09 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/17/09 (H) Heard & Held
02/17/09 (H) MINUTE(FIN)
03/26/09 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/26/09 (H) <Bill Hearing Postponed>
04/02/09 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/02/09 (H) Moved CSHB 98(FIN) Out of Committee
04/02/09 (H) MINUTE(FIN)
04/03/09 (H) FIN RPT CS(FIN) NT 3DP 3NR 1AM
04/03/09 (H) DP: KELLY, FOSTER, HAWKER
04/03/09 (H) NR: CRAWFORD, SALMON, THOMAS
04/03/09 (H) AM: GARA
04/13/09 (H) TRANSMITTED TO (S)
04/13/09 (H) VERSION: CSHB 98(FIN) AM
04/14/09 (S) READ THE FIRST TIME - REFERRALS
04/14/09 (S) CRA, JUD
WITNESS REGISTER
JANE PEARSON, Staff
to Representative Jay Ramras
Alaska Capitol Building
Juneau AK
POSITION STATEMENT: Presented HB 98 on behalf of the sponsor.
ACTION NARRATIVE
3:30:18 PM
CHAIR DONALD OLSON called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:30 p.m. Present
at the call to order were Senators French, Menard, and Olson.
HB 98-ALCOHOL: MINOR CONSUMING/LOCAL OPTION
3:30:40 PM
CHAIR OLSON announced the consideration of HB 98. [Before the
committee was CSHB 98(FIN)AM.]
SENATOR FRENCH moved to adopt the committee substitute.
3:32:04 PM at ease
SENATOR FRENCH withdrew the motion.
JANE PEARSON, staff to Representative Jay Ramras, said HB 98
began as a minor consuming bill and is a fix for a problem that
was created when the language of House Bill 359, which passed
the House in 2008, was incorporated into the "omnibus crime
bill." She explained that there are three types of minor
consuming: 1) minor consuming - the first offense; 2) repeat
minor consuming - the second offense; and 3) habitual minor
consuming - the third offense. Habitual minor consuming becomes
a misdemeanor. But when the bill was passed last year the
statute was amended to say that for a juvenile to be charged
with repeat minor consuming, he or she would have had to have
been placed on probation under AS 04.16.050(b)(1) and have been
previously convicted once. Although the section includes a
person who has been convicted of a suspended imposition of
sentence (SIS) under .050(b)(1), it does not include a person
who served a judgment and conviction under .050(b)(2). The
problem is that if a juvenile is convicted under .050(b)(2), it
was not possible to charge that juvenile with repeat minor
consuming. This fixes that error.
3:34:04 PM
When the bill was in House Finance the Department of Law asked
for an amendment to fix an issue related to bootlegging. The new
language would bring the penalties for bootlegging in line with
felony DUI penalties. This is a bit more stringent.
SENATOR FRENCH asked if it's Section 4 that addresses alignment
of the felony bootlegging provisions with felony DUI provisions.
MS. PEARSON said yes.
SENATOR FRENCH commented that, "We thought we were fixing this
last year and we did not."
MS. PEARSON said that's right.
SENATOR FRENCH said when he became an assistant district
attorney in 1995 or 1996 the legality of minor consuming was an
issue, so it's been around for a long time. "Maybe this time
we'll get it right."
CHAIR OLSON asked if the bill has any opposition.
MS. PEARSON said no.
CHAIR OLSON asked if there had been opposition to the
amendments.
MS. PEARSON explained that there was opposition to some elements
in a similar bill that was in the House Community and Regional
Affairs Committee There was no opposition to this element and it
was put in this bill with the blessing of the chair.
CHAIR FRENCH said this element drew no fire when it was heard in
another Senate committee.
CHAIR OLSON asked if the department supports the bill.
MS. PEARSON explained that they are carrying it for the courts
and the Department of Law and they support the bill.
SENATOR OLSON closed public testimony and asked the will of the
committee.
3:36:46 PM
SENATOR FRENCH moved to report CS for HB 98 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, CSHB 98(FIN)am moved from the Senate
Community and Regional Affairs Standing Committee.
3:37:15 PM
There being no further business to come before the committee,
Chair Olson adjourned the Senate Community and Regional Affairs
Standing Committee meeting at 3:37 pm.
| Document Name | Date/Time | Subjects |
|---|