Legislature(2017 - 2018)SENATE FINANCE 532

04/27/2018 01:30 PM FINANCE

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Audio Topic
02:12:15 PM Start
02:13:45 PM SB76
02:35:02 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 2:00 p.m. --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 76 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Heard & Held
                 SENATE FINANCE COMMITTEE                                                                                       
                      April 27, 2018                                                                                            
                         2:12 p.m.                                                                                              
                                                                                                                                
2:12:15 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair MacKinnon called the Senate Finance Committee                                                                          
meeting to order at 2:12 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Click Bishop, Vice-Chair                                                                                                
Senator Peter Micciche                                                                                                          
Senator Donny Olson                                                                                                             
Senator Gary Stevens                                                                                                            
Senator Natasha von Imhof                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Juli Lucky, Staff, Senator Anna MacKinnon.                                                                                      
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Anna   Brawley,  Coordinator,   Title   4  Review   Project,                                                                    
Anchorage; Erika McConnell,  Director, Alcohol and Marijuana                                                                    
Control  Office, Anchorage;  Tiffany  Hall, Recover  Alaska,                                                                    
Anchorage.                                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SSSB 76   ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG                                                                               
                                                                                                                                
          SB 76 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SENATE BILL NO. 76                                                                                                            
                                                                                                                                
     "An Act  relating to  alcoholic beverages;  relating to                                                                    
     the    regulation   of    manufacturers,   wholesalers,                                                                    
     retailers, and common  carriers of alcoholic beverages;                                                                    
     relating   to  licenses,   endorsements,  and   permits                                                                    
     involving   alcoholic   beverages;  relating   to   the                                                                    
     Alcoholic Beverage Control  Board; relating to offenses                                                                    
     involving  alcoholic   beverages;  amending   Rule  17,                                                                    
     Alaska Rules of Minor  Offense Procedure; and providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
2:13:45 PM                                                                                                                    
                                                                                                                                
Vice-Chair Bishop MOVED to ADOPT the committee substitute                                                                       
for SSSB 76, Work Draft 30-LS0015\C (Bruce, 4/27/18).                                                                           
                                                                                                                                
Co-Chair MacKinnon OBJECTED for DISCUSSION.                                                                                     
                                                                                                                                
2:14:05 PM                                                                                                                    
                                                                                                                                
JULI LUCKY, STAFF, SENATOR ANNA MACKINNON, discussed the                                                                        
"Explanation of Changes" (copy on file):                                                                                        
                                                                                                                                
     Changes  for clarity,  correcting statutory  cites, and                                                                    
     technical amendments  were made throughout the  bill at                                                                    
     the   request   of   Legislative  Affairs   Legal   and                                                                    
     Department of Law. The substantive  changes to the bill                                                                    
     are as follows:                                                                                                            
                                                                                                                                
     Page 18,  line 30: adds  "rodeos" to the  definition of                                                                    
     "sporting  event  site"  to  ensure  that  the  current                                                                    
     practice   for   sporting    event   licenses   remains                                                                    
     consistent.                                                                                                                
                                                                                                                                
     Page 61, lines 13-15:  codifies the current practice of                                                                    
     allowing of  selling of  a beverage  dispensary tourism                                                                    
     license.                                                                                                                   
                                                                                                                                
     Page   68,  line   31:  shortens   the   time  that   a                                                                    
     municipality  must wait  between requesting  restaurant                                                                    
     or  eating place  licenses to  three years,  instead of                                                                    
     five years.                                                                                                                
                                                                                                                                
     Page  88,  lines 12-13:  clarifies  the  intent of  the                                                                    
     prohibition on "consuming alcohol at a school event."                                                                      
     Page 92, lines 19-23: requires  a license to be revoked                                                                    
     if  for a  third violation  of certain  offenses within                                                                    
     five years:                                                                                                                
                                                                                                                                
          • 04.16.022 Online sales and purchase of                                                                              
          alcoholic beverages                                                                                                   
                                                                                                                                
          • 04.16.030 Prohibited conduct relating to                                                                            
          drunken persons                                                                                                       
                                                                                                                                
          • 04.16.052 Furnishing of alcoholic beverages to                                                                      
         persons under the age of 21 by licensees.                                                                              
                                                                                                                                
          • 04.16.110 Sale of certain alcoholic beverages                                                                       
          prohibited.                                                                                                           
                                                                                                                                
          • 04.16.175 Furnishing alcoholic beverages in aid                                                                     
          of gambling enterprise.                                                                                               
                                                                                                                                
2:19:01 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon requested an outline. Ms. Lucky                                                                              
continued with the "Explanation of Changes":                                                                                    
                                                                                                                                
     Page 61:  Deletes previous section 37,  which sunset AS                                                                    
     04.11.360(9)  and (10)  - these  are now  included with                                                                    
     the  repeals  in  section   152.  All  section  numbers                                                                    
     following this section have been renumbered.                                                                               
                                                                                                                                
     Page 63,  line 25; Page 64,  lines 1, 12, 21,  27; Page                                                                    
     65, lines  25: statutory reference corrected;  Page 66,                                                                    
     line 9: Corrects statutory references.                                                                                     
                                                                                                                                
     Page 82,  lines 28-29: Rewords for  clarity. The intent                                                                    
     is that  the license holder  is liable for  a violation                                                                    
     by  an  employee  and  they   are  subject  to  a  $250                                                                    
     administrative penalty.                                                                                                    
                                                                                                                                
     Page  85,  line 25  through  page  86, line  18:  Makes                                                                    
     conforming changes  to AS 04.16.051(d)  and adds  a new                                                                    
     (e). These sections insert  existing penalties into the                                                                    
     correct sections and reformats  the language to conform                                                                    
     to the rest of the bill.                                                                                                   
                                                                                                                                
     Page 86,  lines 20-24: Rewords for  clarity. The intent                                                                    
     is that  the license holder  is liable for  a violation                                                                    
     by  an  employee  and  they   are  subject  to  a  $250                                                                    
     administrative penalty.                                                                                                    
                                                                                                                                
     Page  104,  lines  11-13:  Reformats  the  language  to                                                                    
     conform to the rest of the bill.                                                                                           
                                                                                                                                
     Page 109, line 3: Adds  repeals that were previously in                                                                    
     section 37 (see page 61 note).                                                                                             
                                                                                                                                
     Page  109,  lines  10-11 through  page  111,  line  22:                                                                    
     Corrects  section numbers  and statutory  references in                                                                    
     applicability and transition language.                                                                                     
                                                                                                                                
     Page  113,  lines  8-9:   Corrects  effective  dates  -                                                                    
     specifically removes previous sections  96 and 133 from                                                                    
     immediate  effective date  provision  and add  sections                                                                    
     157(a)(1), 157(a)(2) and 157 (b)(8).                                                                                       
                                                                                                                                
2:22:15 PM                                                                                                                    
                                                                                                                                
Senator Micciche thanked the  committee for the suggestions.                                                                    
He  felt  that there  were  legitimate  concerns, and  those                                                                    
questions  were  brought  to the  Alcohol  Beverage  Control                                                                    
(ABC)  Board  which resulted  in  a  better bill.  He  spoke                                                                    
specifically  to the  protection of  the key  issues in  the                                                                    
state related to alcohol abuse and minor consumption.                                                                           
                                                                                                                                
Co-Chair   MacKinnon   wondered    whether   the   committee                                                                    
substitute was  "ok to adopt."  Senator Micciche  replied in                                                                    
the affirmative.                                                                                                                
                                                                                                                                
Co-Chair MacKinnon  WITHDREW the  objection. There  being NO                                                                    
further  OBJECTION, the  proposed  committee substitute  was                                                                    
ADOPTED.                                                                                                                        
                                                                                                                                
Co-Chair MacKinnon OPENED public testimony.                                                                                     
                                                                                                                                
2:24:09 PM                                                                                                                    
                                                                                                                                
ANNA   BRAWLEY,  COORDINATOR,   TITLE   4  REVIEW   PROJECT,                                                                    
ANCHORAGE  (via teleconference),  stated  that  she did  not                                                                    
have  any   additional  comments,  but  was   available  for                                                                    
questions.                                                                                                                      
                                                                                                                                
2:24:44 PM                                                                                                                    
                                                                                                                                
ERIKA  MCCONNELL, DIRECTOR,  ALCOHOL  AND MARIJUANA  CONTROL                                                                    
OFFICE, ANCHORAGE (via teleconference),  stated that she did                                                                    
not  have any  additional  comments, but  was available  for                                                                    
questions.                                                                                                                      
                                                                                                                                
2:24:59 PM                                                                                                                    
                                                                                                                                
TIFFANY    HALL,    RECOVER     ALASKA,    ANCHORAGE    (via                                                                    
teleconference),   stated  that   she  did   not  have   any                                                                    
additional comments, but was available for questions.                                                                           
                                                                                                                                
Vice-Chair Bishop discussed the fiscal notes.                                                                                   
                                                                                                                                
Co-Chair MacKinnon announced that  new fiscal notes were not                                                                    
needed with the new committee substitute.                                                                                       
                                                                                                                                
Senator  Micciche thanked  the committee  and the  staff for                                                                    
the work  on the  legislation and  changes in  the committee                                                                    
substitute. He spoke  to the local option for  the cities to                                                                    
petition the ABC Board for additional licenses.                                                                                 
                                                                                                                                
2:30:39 PM                                                                                                                    
                                                                                                                                
Vice-Chair Bishop discussed the zero fiscal note.                                                                               
                                                                                                                                
Co-Chair  MacKinnon  noted  that  the  bill  was  long.  She                                                                    
stressed  that  there were  many  technical  aspects to  the                                                                    
changes in the CS.                                                                                                              
                                                                                                                                
SB  76  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
2:35:02 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:35 p.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 76 Work Draft Version C.pdf SFIN 4/27/2018 1:30:00 PM
SB 76
SB 76 SCS FIN v.C Explanation.pdf SFIN 4/27/2018 1:30:00 PM
SB 76