Legislature(1995 - 1996)
03/17/1995 03:05 PM Senate CRA
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SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
March 17, 1995
3:05 p.m.
MEMBERS PRESENT
Senator John Torgerson, Chairman
Senator Randy Phillips, Vice Chairman
Senator Tim Kelly
Senator Lyman Hoffman
MEMBERS ABSENT
Senator Fred Zharoff
COMMITTEE CALENDAR
SENATE BILL NO. 87
"An Act relating to community local options for control of
alcoholic beverages; relating to the control of alcoholic
beverages; 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."
SENATE BILL NO. 96
"An Act relating to municipal activities or services mandated by
state statute."
PREVIOUS SENATE COMMITTEE ACTION
SB 87 - See Community & Regional Affairs minutes dated
3/8/95.
SB 96 - See Community & Regional Affairs minutes dated
3/8/95.
WITNESS REGISTER
Joe Ambrose, Staff to Senator Robin Taylor
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Spoke to amendment to CSSB 87(CRA)
Mayor Don Long
City of Barrow
P.O. Box 629
Barrow, AK 99723
POSITION STATEMENT: Supports CSSB 87(CRA)
Mayor George Ahmaogak
North Slope Borough
P.O. Box 69
Barrow, AK 99723
POSITION STATEMENT: Supports CSSB 87(CRA)
Tom Nicholas
P.O. Box 385
Barrow, AK 99723
POSITION STATEMENT: Spoke to concerns on CSSB 87(CRA)
James Wood, Captain
North Slop Borough Dept. of Public Safety
P.O. Box 470
Barrow, AK 99723
POSITION STATEMENT: Suggested amending CSSB 87(CRA)
Teresa Williams, Assistant Attorney General
Department of Law
1031 W. 4th Ave., Suite 200
Anchorage, AK 99501-1994
POSITION STATEMENT: Suggested technical amendment to CSSB 87(CRA)
ACTION NARRATIVE
TAPE 95-7, SIDE A
Number 001
SCRA - 3/17/95
CHAIRMAN TORGERSON called the Senate Community & Regional Affairs
Committee meeting to order at 3:05 p.m. He announced that due to
the lengthy floor session, which shortened the length of the
committee meeting, SB 96 (UNFUNDED MANDATES ON MUNICIPALITIES)
would be held over to the March 22 meeting.
SCRA - 3/17/95
SB 87 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC.
SENATOR TORGERSON brought CSSB 87(CRA) (ALCOHOLIC BEVERAGES: LOCAL
OPTION & MISC.) back before the committee and stated testimony
would be taken over the teleconference network.
Number 013
MAYOR DON LONG, Barrow, speaking to the committee substitute, said
the addition of a new subsection (g) to AS 04.11.507 will clarify
the procedures to follow when competing petitions are being
circulated. The new subsection will help communities deal with
these competing interests in an organized and orderly manner.
Mayor Long also spoke in support of the transition section, which,
he said, is necessary to make sure that the ballot language of all
future elections meets the requirements of this legislation. He
pointed out that with the new transition section, the outstanding
petitions would be void and sponsors could circulate new petitions
with the new language.
Number 080
MAYOR GEORGE AHMAOGAK, North Slope Borough, said the decision made
by the people of Barrow on October 4, 1994, to go from damp status
to dry status was not an easy decision for the people to make, and
it should not be an easy decision to vote it back down either.
Mayor Ahmaogak spoke to the positive effects of that community
going dry such as: alcohol-related incidents handled by the
Department of Public Safety have fallen by approximately 90
percent; teachers have noticed that some of their students are a
lot more attentive than before; employers have experienced less
absenteeism on the part of their employees; and vandalism of
private property is down. Even villages outside of Barrow have
benefited from its going to a dry status.
Mayor Ahmaogak urged that the legislation include a two-year
moratorium after a local option election establishes a dry
community before a new election could be held. He also requested
that the section be retroactive to July 1994.
Number 185
SENATOR HOFFMAN expressed concern with a two-year moratorium after
the vote, especially when it is a close vote, and if an initiative
in another area might fail if people knew there was going to be
that two-year moratorium. He suggested that perhaps there could be
a one-year or two-year moratorium option that could be selected by
the community when an election is held. MAYOR AHMAOGAK said he
thought the people in his area would support the two-year
moratorium since they have seen the positive effects of communities
like Barrow going dry.
Number 230
TOM NICHOLAS, Barrow, commented that regardless if it is a one-
year, two-year, or five year moratorium, to make it fair to both
sides and that everybody be treated equal no matter what side of
the issue they are on.
Mr. Nicholas referred to Section 2 of the bill and said he believes
it is unfair to set limits on the amount of alcohol that can be
possessed for an individual to be charged with presumption of sale.
He also voiced concern with the amount of alcoholic beverages that
can be shipped to a purchaser. He would like to see Section 27,
which relates to procedures for local option elections, clarified
and brought into alignment with state law. In Section 45, which
relates to the type of alcoholic beverage container that may be
possessed in the municipality, he suggested adding wording that
would define a size of a container.
Number 300
JAMES WOOD, Captain of the North Slope Borough Department of Public
Safety, said many communities throughout Alaska have banned the
importation, sale and possession of alcoholic beverages. However,
language in neither the law, as written, nor the law, as proposed,
is sufficient to convey public condemnation, to positively deter
violators, or to facilitate positive enforcement or timely justice.
Mr. Wood said a major impediment is the manner in which the
possession of alcoholic beverages in local option communities is
treated. Although importation or sale of alcoholic beverages in
local option communities are crimes, possession of alcoholic
beverages in local option communities is a non-crime.
Mr. Wood contended that the possession of alcoholic beverages in a
local option community is a crime, and he suggested amending AS
04.16.200 subsection (e) on page 23 to include the following
parenthetical:
"(e) A person who sends, transports, or brings alcoholic
beverages into [ , or who possesses an alcoholic beverage within ] a
municipality or established village in violation of AS 04.11.499
is, upon conviction guilty of..."
Mr. Wood also requested that the committee consider including in
the law the same mandatory penalties, perhaps coupled with
substance abuse treatment and counseling programs, as are provided
for the crime of driving while intoxicated. He said the serious
implications of the illicit possession of alcoholic beverages in
defiance of local option poses the same unjustifiable,
unpredictable risks of death or serious injury as do drunk drivers.
Number 356
REX OKAKOK, SR., Barrow, testified in support of the legislation
and Mayor Ahmaogak's suggestion of including a two-year
moratorium. He also asked that the committee consider hearing from
the elders in his community. He added that the elders and some
other people in the community often need translators in order to
testify, and, given the opportunity, they would have a lot more
elders and people testifying on behalf of the bill. He also
requested that the committee seriously consider the cultural
differences when dealing with these kinds of local options.
Number 385
TERESA WILLIAMS, Assistant Attorney General, Department of Law,
Anchorage, referred to page 28, line 9, and explained that change
was made by Pat Sharrock in response to a request by the mayor of
Nome. There was concern that young people were going into
establishments with containers that were disguised as non-alcoholic
containers, i.e., containers that looked like pop cans, etc.
Ms. Williams directed to page 4, line 17, and suggested changing it
to read "each subsequent application to renew the license, a
licensee..."
Number 400
JOE AMBROSE agreed that the change to page 4, line 17, was a
drafting error and was a technical change that could be made. He
then directed attention to a proposed amendment which, he said,
answers the concerns raised by Mayor Long in his initial testimony.
It clarifies the procedures to follow when competing petitions are
being circulated, as well as adding a transition section to ensure
that the ballot language of all future elections meets the
requirements of this legislation. Another part of the amendment
deletes language on page 31, lines 3 - 6 that was of concern last
year when the legislation was on the Senate floor, and it will
maintain the status quo as provided in statute right now. The
amendment does not address the two-year moratorium question.
Number 442
SENATOR HOFFMAN commented that if there was a choice of a one-year
moratorium or a two-year moratorium, then the community can decide
which one they think would be sellable. JOE AMBROSE pointed out it
could be a problem because they don't automatically vote again in
12 months. It is just that somebody can't bring a petition again
for 12 months. He questioned how it could be worded because it
doesn't mean that a community is going to have an election every 12
months.
Number 472
SENATOR KELLY moved adoption of the following amendment including
the technical change to page 4, line 17 to the draft CSSB 887(CRA):
AMENDMENT #1
Page 21, after line 10: Insert a new subsection to read:
"(g) Notwithstanding AS 29.26.140(a), after a petition has
been certified as sufficient to meet the requirements of (b) or (c)
of this section, another petition may not be filed or certified
until after the question presented in the first petition has been
voted on. Only one local option question may be presented in an
election."
Page 31: Delete lines 3 - 6 and insert the following in its place:
"that does not contain any part of an incorporated city or
another established village"
Page 33, after line 28: Insert a new bill section to read:
"*Sec. 65. TRANSITION: EXITING LOCAL OPTION PETITIONS. A
petition to adopt or remove a local option on file with a
municipality or the lieutenant governor on the effective date of
this section that has not been voted on is void and may not be
placed on an election ballot."
Renumber the following bill sections accordingly.
Page 34, line 22: Delete "71" and insert "72"
Page 34, line 31: Delete "68 and 70" and insert "69 and 71"
Hearing no objection, SENATOR TORGERSON stated Amendment No 1 was
adopted and would be incorporated into the draft committee
substitute.
Number 500
SENATOR HOFFMAN directed attention to a proposed amendment that
addresses his concern of clubs such as VFW's in damp communities
being allowed to leave ice machines, glasses, pop, etc., on the
premises when there is a function where alcoholic beverages are
brought in to the facility. It also requires that a club,
corporation, or association would have to be in existence for two
years prior to a vote to go damp, so there wouldn't be the
formation of additional clubs, etc. He said the amendment would
make the operation of the functions of the VFW's and other
organizations in damp communities legal. He then moved adoption of
the following amendment:
AMENDMENT #2
Page 21, after line 24: Insert a new bill section to read:
*Sec. 29. AS 04.16.090(a) is amended to read:
(a) A person many not maintain a place in which alcohol
beverages are received or kept, or to which alcoholic beverages are
brought, for consumption by members of the public or by members of
a club, corporation, or association [,] unless the person is
(1) in an area that has prohibited the sale of an
alcoholic beverage under AS 04.11.490 and the place is a club,
corporation, or association that was in existence at least two
years before the prohibition against the sale of an alcoholic
beverage under AS 04.11.490 was adopted; or
(2) authorized to do so under this title."
Renumber the following bill sections accordingly.
Page 33, line 9: Delete "sec. 69"" and insert "sec. 70"
Page 33, line 17: Delete "sec. 29" and insert "sec. 30"
Page 33, line 18: Delete "66 and 68" and insert "67 and 69"
Hearing no objection, SENATOR TORGERSON stated Amendment No. 2 was
adopted.
Number 520
SENATOR R. PHILLIPS said one year is not enough time to really see
the effects of a community going dry, or, even if there isn't a
prohibition, it is still not enough time to see the negative or
positive effects. He suggested having an 18-month moratorium
before a proposition whether to go dry, wet, damp, etc. could be
brought up at the next election. He then moved adoption of the
following amendment:
Amendment No. 3
Page 21, line 9: Change "12-month period" to "18-month period"
Hearing no objection, SENATOR TORGERSON stated Amendment No. 3 was
adopted.
There being no further amendments to CSSB 87(CRA), SENATOR
TORGERSON asked for the will of the committee.
Number 535
SENATOR R. PHILLIPS moved that CSSB 87(CRA), as amended, and the
accompanying fiscal note be passed out of committee with individual
recommendations. Hearing no objection, it was so ordered.
There being no further business to come before the committee, the
meeting was adjourned at 3:45 p.m.
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