Legislature(2019 - 2020)BELTZ 105 (TSBldg)

04/26/2019 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 52 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Moved CSSB 52(JUD) Out of Committee
+= HB 12 PROTECTIVE ORDERS TELECONFERENCED
Moved SCS CSHB 12(JUD) Out of Committee
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SJR 9 CONST.AM: APPROP. BILL FOR PUBL EDUCATION TELECONFERENCED
Moved CSSJR 9(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 26, 2019                                                                                         
                           1:37 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Shelley Hughes, Chair                                                                                                   
Senator Lora Reinbold, Vice Chair (via teleconference)                                                                          
Senator Peter Micciche                                                                                                          
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mike Shower                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 52                                                                                                              
"An  Act  relating  to  alcoholic   beverages;  relating  to  the                                                               
regulation  of  manufacturers,   wholesalers,  and  retailers  of                                                               
alcoholic  beverages;  relating  to licenses,  endorsements,  and                                                               
permits  involving   alcoholic  beverages;  relating   to  common                                                               
carrier  approval to  transport or  deliver alcoholic  beverages;                                                               
relating  to the  Alcoholic Beverage  Control Board;  relating to                                                               
offenses  involving  alcoholic  beverages; amending  Rule  17(h),                                                               
Alaska Rules  of Minor  Offense Procedure;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSSB 52(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE JOINT RESOLUTION NO. 9                                                                                                   
Proposing amendments to  the Constitution of the  State of Alaska                                                               
relating to  an appropriation bill  funding public  education for                                                               
grades kindergarten through 12.                                                                                                 
                                                                                                                                
     - MOVED CSSJR 9(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 12(JUD)                                                                                 
"An Act relating to protective orders."                                                                                         
                                                                                                                                
     - MOVED SCS CSHB 12(JUD) OUT OF COMMITTEE                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 52                                                                                                                   
SHORT TITLE: ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG                                                                            
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
                                                                                                                                
02/11/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/11/19       (S)       L&C, JUD, FIN                                                                                          
03/26/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/26/19       (S)       Heard & Held                                                                                           
03/26/19       (S)       MINUTE(L&C)                                                                                            
03/28/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/28/19       (S)       Heard & Held                                                                                           
03/28/19       (S)       MINUTE(L&C)                                                                                            
04/02/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/02/19       (S)       Heard & Held                                                                                           
04/02/19       (S)       MINUTE(L&C)                                                                                            
04/04/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/04/19       (S)       -- MEETING CANCELED --                                                                                 
04/09/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/09/19       (S)       Heard & Held                                                                                           
04/09/19       (S)       MINUTE(L&C)                                                                                            
04/11/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/11/19       (S)       Heard & Held                                                                                           
04/11/19       (S)       MINUTE(L&C)                                                                                            
04/16/19       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/16/19       (S)       Moved CSSB 52(L&C) Out of Committee                                                                    
04/16/19       (S)       MINUTE(L&C)                                                                                            
04/17/19       (S)       L&C RPT CS FORTHCOMING 4DP                                                                             
04/17/19       (S)       DP: REINBOLD, COSTELLO, BIRCH, BISHOP                                                                  
04/17/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/17/19       (S)       -- MEETING CANCELED --                                                                                 
04/17/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/17/19       (S)       -- MEETING CANCELED --                                                                                 
04/19/19       (S)       L&C CS RECEIVED SAME TITLE                                                                             
04/22/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/22/19       (S)       Heard & Held                                                                                           
04/22/19       (S)       MINUTE(JUD)                                                                                            
04/23/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/23/19       (S)       Heard & Held                                                                                           
04/23/19       (S)       MINUTE(JUD)                                                                                            
04/24/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/24/19       (S)       Heard & Held                                                                                           
04/24/19       (S)       MINUTE(JUD)                                                                                            
04/26/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SJR 9                                                                                                                   
SHORT TITLE: CONST.AM: APPROP. BILL FOR PUBL EDUCATION                                                                          
SPONSOR(s): SENATOR(s) COSTELLO                                                                                                 
                                                                                                                                
03/06/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/06/19       (S)       EDC, JUD, FIN                                                                                          
03/14/19       (S)       EDC AT 9:00 AM BUTROVICH 205                                                                           
03/14/19       (S)       Heard & Held                                                                                           
03/14/19       (S)       MINUTE(EDC)                                                                                            
03/29/19       (S)       EDC AT 9:00 AM BUTROVICH 205                                                                           
03/29/19       (S)       Moved SJR 9 Out of Committee                                                                           
03/29/19       (S)       MINUTE(EDC)                                                                                            
04/01/19       (S)       EDC RPT  3NR 1DP                                                                                       
04/01/19       (S)       NR: STEVENS, BIRCH, HUGHES                                                                             
04/01/19       (S)       DP: COSTELLO                                                                                           
04/10/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/10/19       (S)       Heard & Held                                                                                           
04/10/19       (S)       MINUTE(JUD)                                                                                            
04/17/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/17/19       (S)       -- MEETING CANCELED --                                                                                 
04/23/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/23/19       (S)       <Bill Hearing Canceled>                                                                                
04/26/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB  12                                                                                                                  
SHORT TITLE: PROTECTIVE ORDERS                                                                                                  
SPONSOR(s): REPRESENTATIVE(s) KOPP                                                                                              
                                                                                                                                
02/20/19       (H)       PREFILE RELEASED 1/7/19                                                                                
02/20/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/19       (H)       STA, JUD                                                                                               
02/28/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/28/19       (H)       Heard & Held                                                                                           
02/28/19       (H)       MINUTE(STA)                                                                                            
03/07/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/07/19       (H)       Moved CSHB 12(STA) Out of Committee                                                                    
03/07/19       (H)       MINUTE(STA)                                                                                            
03/08/19       (H)       STA RPT CS(STA) 7DP                                                                                    
03/08/19       (H)       DP: VANCE, LEDOUX, WOOL, SHAW, STORY,                                                                  
                         FIELDS, KREISS-TOMKINS                                                                                 
03/18/19       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/18/19       (H)       Heard & Held                                                                                           
03/18/19       (H)       MINUTE(JUD)                                                                                            
03/27/19       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/27/19       (H)       Moved CSHB 12(JUD) Out of Committee                                                                    
03/27/19       (H)       MINUTE(JUD)                                                                                            
03/29/19       (H)       JUD RPT CS(JUD) 5DP 1NR                                                                                
03/29/19       (H)       DP: WOOL, LEDOUX, SHAW, KOPP, CLAMAN                                                                   
03/29/19       (H)       NR: EASTMAN                                                                                            
04/05/19       (H)       TRANSMITTED TO (S)                                                                                     
04/05/19       (H)       VERSION: CSHB 12(JUD)                                                                                  
04/08/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/19       (S)       JUD                                                                                                    
04/23/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/23/19       (S)       Heard & Held                                                                                           
04/23/19       (S)       MINUTE(JUD)                                                                                            
04/26/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANNA BRAWLEY, Title 4 Project Review Coordinator;                                                                               
Senior Associate                                                                                                                
Agnew Beck Consulting                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions during the discussion of                                                               
SB 52.                                                                                                                          
                                                                                                                                
JOHN SKIDMORE, Director                                                                                                         
Criminal Division                                                                                                               
Central Office                                                                                                                  
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified and answered questions during the                                                               
hearing on SB 52.                                                                                                               
                                                                                                                                
REGINA LARGENT, Staff                                                                                                           
Senator Shelley Hughes                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented a sectional analysis for the                                                                    
proposed committee substitute (CS) for SJR 9, Version E on                                                                      
behalf of the committee.                                                                                                        
                                                                                                                                
SENATOR MIA COSTELLO                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified as sponsor of SJR 9.                                                                            
                                                                                                                                
REPRESENTATIVE CHUCK KOPP                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified as sponsor of HB 12.                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:37:48 PM                                                                                                                    
CHAIR  SHELLEY  HUGHES  called   the  Senate  Judiciary  Standing                                                             
Committee meeting  to order at 1:37  p.m. Present at the  call to                                                               
order  were  Senators  Reinbold (via  teleconference),  Micciche,                                                               
Kiehl, and Chair Hughes.                                                                                                        
                                                                                                                                
         SB 52-ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG                                                                      
                                                                                                                                
1:39:03 PM                                                                                                                    
CHAIR HUGHES announced that the  first order of business would be                                                               
SENATE  BILL NO.  52, "An  Act relating  to alcoholic  beverages;                                                               
relating  to the  regulation of  manufacturers, wholesalers,  and                                                               
retailers   of  alcoholic   beverages;   relating  to   licenses,                                                               
endorsements,   and   permits  involving   alcoholic   beverages;                                                               
relating  to  common carrier  approval  to  transport or  deliver                                                               
alcoholic beverages;  relating to the Alcoholic  Beverage Control                                                               
Board;  relating  to   offenses  involving  alcoholic  beverages;                                                               
amending  Rule 17(h),  Alaska Rules  of Minor  Offense Procedure;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
[Before the committee was CSSB 52(L&C), Version S.]                                                                             
                                                                                                                                
1:39:14 PM                                                                                                                    
SENATOR  REINBOLD moved  to  adopt Amendment  1,  work order  31-                                                               
LS0004\S.2, Bruce, 4/18/19.                                                                                                     
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR REINBOLD                                                                 
     TO:  CSSB 52(L&C), Draft Version "S"                                                                                       
                                                                                                                                
                                                                                                                                
     Page 6, line 19:                                                                                                           
          Delete "1,250"                                                                                                        
          Insert "1,000"                                                                                                        
                                                                                                                                
     Page 22, line 19:                                                                                                          
          Delete "1,250"                                                                                                        
          Insert "1,000"                                                                                                        
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  REINBOLD said  this would  reduce the  fees for  the six                                                               
wineries in  the state from  $1,250 to  $1,000, which is  still a                                                               
significant increase.                                                                                                           
                                                                                                                                
1:40:30 PM                                                                                                                    
SENATOR MICCICHE stated that he cosponsored Amendment 1.                                                                        
                                                                                                                                
CHAIR HUGHES removed her objection. There being no further                                                                      
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
1:40:42 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Amendment 2, work order 31-                                                                     
LS0004\S.4, Bruce, 4/22/19.                                                                                                     
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR MICCICHE                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
      Page 15, line 31, following the second occurrence of                                                                      
     "a":                                                                                                                       
          Insert "package store"                                                                                                
                                                                                                                                
     Page 47, line 4:                                                                                                           
          Delete "Tasting"                                                                                                    
          Insert "Package store tasting"                                                                                      
                                                                                                                                
     Page 47, line 4, following "A":                                                                                            
          Insert "package store"                                                                                                
                                                                                                                                
      Page 47, line 11, following the first occurrence of                                                                       
     "a":                                                                                                                       
          Insert "package store"                                                                                                
                                                                                                                                
     Page 47, line 14, following "six":                                                                                         
          Insert "package store"                                                                                                
                                                                                                                                
       Page 47 line 19, following the first occurrence of                                                                       
     "a":                                                                                                                       
          Insert "package store"                                                                                                
                                                                                                                                
     Page 47, line 23, following "a":                                                                                           
          Insert "package store"                                                                                                
                                                                                                                                
     Page 106, line 3, following "(25)":                                                                                        
          Insert "package store"                                                                                                
                                                                                                                                
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
1:40:54 PM                                                                                                                    
SENATOR MICCICHE  explained that  Amendment 2  provides technical                                                               
cleanup language that corrects a drafting error.                                                                                
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
1:41:36 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
1:42:04 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
1:42:09 PM                                                                                                                    
SENATOR MICCICHE  provided a  corrected explanation  of Amendment                                                               
2. He said  that Amendment 2 is a technical  amendment related to                                                               
the package store tasting event  permit, which is consistent with                                                               
the  catering permit  becoming  a  beverage dispensary  caterer's                                                               
permit.                                                                                                                         
                                                                                                                                
1:42:37 PM                                                                                                                    
SENATOR  MICCICHE moved  to  adopt Amendment  3,  work order  31-                                                               
LS0004\S.5, Bruce, 4/20/19.                                                                                                     
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR MICCICHE                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 48, line 23:                                                                                                          
          Delete "punishable under AS 04.21.072"                                                                                
                                                                                                                                
     Page 48, line 25, following "is":                                                                                          
          Insert "a violation"                                                                                                  
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR MICCICHE explained that this  is a technical amendment as                                                               
previously described related to a drafting error.                                                                               
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
1:43:03 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Amendment 4, work order 31-                                                                     
LS0004\S.8, Bruce, 4/22/19.                                                                                                     
                                                                                                                                
                          AMENDMENT 4                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR MICCICHE                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 94, lines 21 - 22:                                                                                                    
          Delete    "approved    by    the    board    under                                                                
     AS 04.09.750(b)"                                                                                                       
                                                                                                                                
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR MICCICHE explained that  the carrier approval is intended                                                               
to apply to company carriers  who transport and deliver orders of                                                               
wine  or alcohol  from  a  licensed business  to  a consumer.  He                                                               
related that carrier approval is  not required for a carrier used                                                               
by individuals to transport alcohol in their possession.                                                                        
                                                                                                                                
CHAIR HUGHES removed her objection. There being no further                                                                      
objection, Amendment 4 was adopted.                                                                                             
                                                                                                                                
1:43:40 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Amendment 5, work order 31-                                                                     
LS0004\S.9, Bruce, 4/22/19.                                                                                                     
                                                                                                                                
                          AMENDMENT 5                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR MICCICHE                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 95, line 2:                                                                                                           
          Delete "This section does"                                                                                            
          Insert "The requirements in (a) of this section                                                                   
     do [THIS SECTION DOES]"                                                                                                
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR MICCICHE explained that this is a technical amendment                                                                   
that aligns with the previous amendment.                                                                                        
                                                                                                                                
CHAIR HUGHES removed her objection. There being no further                                                                      
objection, Amendment 5 was adopted.                                                                                             
                                                                                                                                
1:44:01 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Amendment 6, work order 31-                                                                     
LS0004\S.11, Bruce, 4/22/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 6                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE`                 BY SENATOR MICCICHE                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
     Page 19, line 3:                                                                                                           
          Following "Sporting":                                                                                               
          Insert "activity or"                                                                                                
          Following "sporting":                                                                                                 
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 19, line 5, following "sporting" in both places:                                                                      
          Insert "activity or" in both places.                                                                                  
                                                                                                                                
     Page 19, line 6:                                                                                                           
          Following "school":                                                                                                   
          Insert "activity or"                                                                                                  
          Following "sporting":                                                                                                 
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 19, line 7, following "sporting":                                                                                     
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 19, line 8, following "sporting":                                                                                     
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 19, line 9, following "rodeos,":                                                                                      
          Insert "skiing and snowboarding activities,"                                                                          
                                                                                                                                
     Page 19, line 11, following "sporting":                                                                                    
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 19, line 14, following "sporting":                                                                                    
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 19, line 15, following "sporting":                                                                                    
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 35, line 4, following "sporting":                                                                                     
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 44, line 5, following "sporting":                                                                                     
          Insert "activities or"                                                                                                
                                                                                                                                
     Page 60, line 5, following "sporting":                                                                                 
          Insert "activity or"                                                                                              
                                                                                                                                
     Page 105, line 19, following "sporting":                                                                                   
          Insert "activity or"                                                                                                  
                                                                                                                                
     Page 118, line 2, following "sporting":                                                                                    
          Insert "activity or"                                                                                                  
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  MICCICHE  explained  that  this  would  add  skiing  and                                                               
snowboarding activities to the sporting  event license which will                                                               
be renamed  as the sporting  activity license. He said  that this                                                               
language is also in SB 16,  which would ensure that ski areas can                                                               
obtain licenses if they meet all of the other requirements.                                                                     
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 6 was adopted.                                                                                             
                                                                                                                                
1:44:38 PM                                                                                                                    
SENATOR  MICCICHE moved  to  adopt Amendment  7,  work order  31-                                                               
LS0004\S.14, Bruce, 4/23/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 7                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR MICCICHE                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
     Page 55, line 26:                                                                                                          
          Delete "60"                                                                                                           
          Insert "90"                                                                                                         
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR MICCICHE  explained that  in the previous  committee, the                                                               
language  related  to  automatic  transfer of  a  restaurant  and                                                               
eating  place license  (REPL) was  changed  to 60  days. He  said                                                               
although he  supports the automatic transfer,  that timeframe did                                                               
not  allow time  for  municipalities to  protest. This  amendment                                                               
would increase  the timeframe  to 90 days,  but still  require an                                                               
automatic transfer. This generally  would provide sufficient time                                                               
for the  board to meet and  municipalities to file a  protest, if                                                               
necessary.                                                                                                                      
                                                                                                                                
1:45:25 PM                                                                                                                    
SENATOR  KIEHL  asked  whether the  remaining  language  in  this                                                               
section  is written  so that  a protest  by a  municipality would                                                               
prompt the  board to  issue a denial  or otherwise  condition the                                                               
application as per the rest of the provisions in Title 4.                                                                       
                                                                                                                                
SENATOR  MICCICHE explained  that this  language would  limit the                                                               
board from going beyond their  normal meeting dates. He explained                                                               
that since  the board meets quarterly,  extensions sometimes have                                                               
gone on  for some  time and been  a disadvantage  to restaurants.                                                               
This tells the board it is  expected to deal with a transfer that                                                               
occurs  in  the  90-day  period,  but  if  something  significant                                                               
occurs, those procedures would remain in place.                                                                                 
                                                                                                                                
1:46:22 PM                                                                                                                    
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 7 was adopted.                                                                                             
                                                                                                                                
1:46:32 PM                                                                                                                    
SENATOR  KIEHL  moved  to  adopt  Amendment  8,  work  order  31-                                                               
LS0004\S.17, Bruce, 4/25/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 8                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
     Page 12, line 18, following "to":                                                                                          
          Insert "(1)"                                                                                                          
                                                                                                                                
     Page 12, line 19, following "premises":                                                                                    
          Insert "; and                                                                                                         
               (2)  allow a person                                                                                              
               (A)  under 21 years of age access as                                                                             
        provided in (d) of this section to the licensed                                                                         
     premises; and                                                                                                              
               (B)  to enter or remain on the licensed                                                                          
     premises to consume food or nonalcoholic beverages as                                                                      
     authorized under AS 04.16.010(c)(5)."                                                                                      
                                                                                                                                
     Page 12, line 22, following "that":                                                                                        
          Insert "(A)"                                                                                                          
                                                                                                                                
     Page 12, following line 23:                                                                                                
          Insert new subparagraphs to read:                                                                                     
               "(B)   there is  supervision on  the premises                                                                    
     adequate to  reasonably ensure that  a person  under 21                                                                    
     years of age will not obtain alcoholic beverages; and                                                                      
               (C)   it  is unlikely  that persons  under 21                                                                    
     years of  age not employed  on the premises  will enter                                                                    
     and remain on the  licensed premises for purposes other                                                                    
     than dining; and"                                                                                                          
                                                                                                                                
     Page 12, lines 24 - 25:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 12, following line 28:                                                                                                
          Insert a new section to read:                                                                                         
          "(d)  The board may authorize the holder of a                                                                         
     restaurant or eating place license                                                                                         
               (1)   to allow  a person who  is at  least 16                                                                    
     years of  age but under  21 years  of age to  enter and                                                                    
     remain on the licensed premises for dining only;                                                                           
               (2)  to allow a  person who is under 16 years                                                                    
     of age  to enter  and remain  on the  licensed premises                                                                    
     for dining only if                                                                                                         
               (A)   the person  is accompanied by  a person                                                                    
     who is 21 years of age or older; and                                                                                       
               (B)   the  parent or  guardian of  the person                                                                    
     consents to the person  being on the licensed premises;                                                                    
     and                                                                                                                        
               (3)   subject to  AS 04.16.049, to  employ or                                                                    
     permit the  employment of a  person who is at  least 16                                                                    
     years of age but under 21  years of age on the licensed                                                                    
     premises if the  employer provides adequate supervision                                                                    
     to  ensure that  the person  does not  obtain alcoholic                                                                    
     beverages."                                                                                                                
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 13, line 21:                                                                                                          
          Delete "or fails to comply with (e)"                                                                                  
          Insert ", engages in activity not authorized by                                                                       
     the  board  under (d)  of  this  section, or  fails  to                                                                    
     comply with the requirements of (d) or (f)"                                                                                
                                                                                                                                
     Page 26, line 4, following "to":                                                                                           
          Insert "(1)"                                                                                                          
                                                                                                                                
     Page 26, line 5, following "year":                                                                                         
          Insert "; and                                                                                                         
               (2)  allow a person                                                                                              
               (A)    under  21   years  of  age  access  as                                                                    
     provided  in  (f)  of  this  section  to  the  licensed                                                                    
     premises; and                                                                                                              
               (B)    to enter  or  remain  on the  licensed                                                                    
     premises to  consume food or nonalcoholic  beverages as                                                                    
     authorized under AS 04.16.010(c)(5)."                                                                                      
                                                                                                                                
     Page 26, line 9, following "that":                                                                                         
          Insert "(A)"                                                                                                          
                                                                                                                                
     Page 26, following line 10:                                                                                                
          Insert new subparagraphs to read:                                                                                     
               "(B)   there is  supervision on  the premises                                                                    
     adequate to  reasonably ensure that  a person  under 21                                                                    
     years of age will not obtain alcoholic beverages; and                                                                      
               (C)   it  is unlikely  that persons  under 21                                                                    
     years of  age not employed  on the premises  will enter                                                                    
     and remain on the  licensed premises for purposes other                                                                    
     than dining; and"                                                                                                          
                                                                                                                                
     Page 26, lines 11 - 12:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 26, following line 23:                                                                                                
          Insert a new subsection to read:                                                                                      
          "(f)  The board may authorize the holder of a                                                                         
     seasonal restaurant or eating place tourism license                                                                        
               (1)   to allow  a person who  is at  least 16                                                                    
     years of  age but under  21 years  of age to  enter and                                                                    
     remain on the licensed premises for dining only;                                                                           
               (2)  to allow a  person who is under 16 years                                                                    
     of age  to enter  and remain  on the  licensed premises                                                                    
     for dining only if                                                                                                         
               (A)   the person  is accompanied by  a person                                                                    
     who is 21 years of age or older; and                                                                                       
               (B)   the  parent or  guardian of  the person                                                                    
     consents to the person  being on the licensed premises;                                                                    
     and                                                                                                                        
               (3)   subject to  AS 04.16.049, to  employ or                                                                    
     permit the  employment of a  person who is at  least 16                                                                    
     years of age but under 21  years of age on the licensed                                                                    
     premises if the  employer provides adequate supervision                                                                    
     to  ensure that  the person  does not  obtain alcoholic                                                                    
     beverages."                                                                                                                
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 27, line 19, following "section":                                                                                     
          Insert ", engages in activity not authorized by                                                                       
     the board under (f) of this section,"                                                                                      
                                                                                                                                
     Page 27, line 20:                                                                                                          
          Delete "(f) or (h)"                                                                                                   
         Insert "the requirements of (f), (g), or (i)"                                                                          
                                                                                                                                
     Page 35, line 3:                                                                                                           
          Delete "restaurant or eating place license,"                                                                          
                                                                                                                                
      Page 35, line 5, following the second occurrence of                                                                       
     "license,":                                                                                                                
          Insert "or"                                                                                                           
                                                                                                                                
     Page 35, lines 5 - 6:                                                                                                      
          Delete ", or seasonal restaurant or eating place                                                                      
     tourism license"                                                                                                           
                                                                                                                                
     Page 44, line 19:                                                                                                          
          Delete "AS 04.09.210(d)"                                                                                              
          Insert "AS 04.09.210(e)"                                                                                              
                                                                                                                                
     Page 44, line 20:                                                                                                          
          Delete "AS 04.09.350(f)"                                                                                              
          Insert "AS 04.09.350(g)"                                                                                              
                                                                                                                                
     Page 64, lines 10 - 12:                                                                                                    
          Delete "[(1) THE LICENSE IS FOR A RESTAURANT OR                                                                       
     EATING PLACE UNDER AS 04.11.100; OR                                                                                        
               (2)]"                                                                                                            
          Insert "(1) the license is [FOR] a                                                                                    
               (A)  restaurant or eating place license                                                                  
     under AS 04.09.210 [AS 04.11.100]; or                                                                                  
               (B)  seasonal restaurant or eating place                                                                     
     tourism license under AS 04.09.350; or                                                                                 
               (2)"                                                                                                             
                                                                                                                                
     Page 84, line 7, following "are":                                                                                      
          Insert "(A) licensed under a restaurant or eating                                                                 
     place license  issued under AS 04.09.210 or  a seasonal                                                                
     restaurant  or  eating  place  tourism  license  issued                                                                
     under AS 04.09.350; or                                                                                                 
               (B)"                                                                                                         
                                                                                                                                
     Page 89, line 7, following "a":                                                                                        
          Insert "restaurant or eating place license issued                                                                 
     under  AS 04.09.210,  seasonal   restaurant  or  eating                                                                
     place tourism license issued under AS 04.09.350, or"                                                                   
                                                                                                                                
     Page 109, line 5, following "a":                                                                                       
          Insert "restaurant or eating place license under                                                                  
     AS 04.09.210,  seasonal  restaurant   or  eating  place                                                                
     tourism license under AS 04.09.350, or"                                                                                
                                                                                                                                
     Page 112, line 27, following "premises":                                                                                   
          Insert "(A) licensed under a restaurant or eating                                                                 
     place license issued by  the Alcoholic Beverage Control                                                                
     Board  under  AS 04.09.210  or seasonal  restaurant  or                                                                
     eating place  tourism license  issued by  the Alcoholic                                                                
     Beverage Control Board under AS 04.09.350; or                                                                          
               (B)"                                                                                                         
                                                                                                                                
SENATOR  KIEHL  explained that  Amendment  8  would provide  some                                                               
streamlining. The language  in [CSSB 52(L&C)] said  that the only                                                               
basic license  type that also  needed a  permit to engage  in the                                                               
baseline   activity  was   the  REPL.   Under  Amendment   8,  an                                                               
establishment that served  food, beer, and wine would  not need a                                                               
restaurant  eating place  permit on  top of  the REPL.  Any other                                                               
licensee who  wants to serve food  and have people under  the age                                                               
of 21  in for the  purpose of eating  would still need  a permit.                                                               
However, a  business with  a baseline  brewery license  without a                                                               
tasting  room and  not selling  directly to  the public  does not                                                               
need a permit on top of the brewery license, he said.                                                                           
                                                                                                                                
CHAIR HUGHES asked whether this would be an endorsement.                                                                        
                                                                                                                                
1:47:51 PM                                                                                                                    
SENATOR MICCICHE agreed it would  be an endorsement. He said that                                                               
he  supports  Amendment 8  because  it  makes  sense and  is  not                                                               
necessary for a  business holding a restaurant  license [REPL] to                                                               
also obtain a restaurant endorsement.                                                                                           
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 8 was adopted.                                                                                             
                                                                                                                                
1:48:33 PM                                                                                                                    
SENATOR  KIEHL  moved  to  adopt  Amendment  9,  work  order  31-                                                               
LS0004\S.18, Bruce, 4/24/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 9                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
     Page 70, line 23, following "estimate":                                                                                    
          Insert ", based on a month selected by the                                                                            
     municipality,"                                                                                                             
                                                                                                                                
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR KIEHL  said Amendment 9  relates to  some municipalities,                                                               
including first class, home rule,  and unified cities' ability to                                                               
petition  for  additional  REPLs   based  on  the  population  of                                                               
visitors or  non-resident workers  that rely on  the municipality                                                               
but lie  outside their boundaries.  He said CSSB 52(L&C)  did not                                                               
have any definition and he  could imagine some extreme scenarios.                                                               
For  example, the  City and  Borough of  Juneau might  claim that                                                               
since  it has  1.3 million  visitors annually,  the board  should                                                               
approve  licenses  based  on  that  population.  Alternately,  an                                                               
overzealous  regulatory   board  would  count   Juneau's  visitor                                                               
population  on   December  12  without  considering   the  summer                                                               
seasonal influx.  Amendment 9 would allow  municipalities to base                                                               
the population on the month it chooses.                                                                                         
                                                                                                                                
1:50:20 PM                                                                                                                    
SENATOR MICCICHE said  that the bill has the right  mix, which he                                                               
determined   after  consulting   with  municipalities   on  their                                                               
experience  in considering  additional licenses.  He deferred  to                                                               
Anna Brawley to respond.                                                                                                        
                                                                                                                                
1:50:57 PM                                                                                                                    
ANNA  BRAWLEY,  Title 4  Project  Review  Coordinator and  Senior                                                               
Associate, Agnew  Beck Consulting, Anchorage, stated  that she is                                                               
neutral on Amendment  9. Although she understands  the intent, it                                                               
would ensure  the municipalities  would have discretion  over the                                                               
population estimate to use and  to consider a specific timeframe.                                                               
She said that  the language does not specify that  it needs to be                                                               
a daily estimate  but leaves the burden or the  discretion to the                                                               
municipality  to  prepare  the  petition in  the  way  that  best                                                               
represents their  interest. Certainly,  the board could  put more                                                               
restrictions on the  petition, she said. However,  as the statute                                                               
is currently written,  the intent is to give that  control to the                                                               
municipalities. She said that it  would also allow municipalities                                                               
to use  an annual estimate.  She said that  she leaves it  to the                                                               
committee  to  decide. She  clarified  that  Amendment 9  is  not                                                               
inconsistent with the bill's goal, but it is not necessary.                                                                     
                                                                                                                                
1:52:15 PM                                                                                                                    
SENATOR KIEHL  said that this  is just  intended to rule  out the                                                               
ridiculous.  He  said  Amendment  9   makes  sense  but  he  also                                                               
appreciates the sponsor's intent to  leave as much as possible up                                                               
to municipalities. Ultimately,  he said his preference  is to put                                                               
guidelines in statute.                                                                                                          
                                                                                                                                
CHAIR HUGHES  said that  having the  discussion reflected  in the                                                               
record is important.  She offered her belief that  the bill would                                                               
allow the  municipality to make  that case. She opined  that this                                                               
discussion  would  be  helpful  to  keep  the  board  from  being                                                               
overbearing on this issue.                                                                                                      
                                                                                                                                
SENATOR MICCICHE said he did  not support Amendment 9. He related                                                               
that he worked with the City  of Wasilla and the City of Soldotna                                                               
and  they represented  other municipalities  on the  language. He                                                               
offered  his belief  that it  constitutes the  right mix  without                                                               
tying  either  side's  hands  to   become  too  specific  in  the                                                               
application process.                                                                                                            
                                                                                                                                
CHAIR HUGHES maintained her objection.                                                                                          
                                                                                                                                
1:53:32 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Amendment   9  and   Senators   Reinbold  (via   teleconference),                                                               
Micciche,  and Hughes  voted against  it. Therefore,  Amendment 9                                                               
failed by a 1:3 vote.                                                                                                           
                                                                                                                                
1:54:24 PM                                                                                                                    
SENATOR  KIEHL  moved  to  adopt Amendment  10,  work  order  31-                                                               
LS0004\S.19, Bruce, 4/24/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 10                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
     Page 69, lines 20 - 26:                                                                                                    
          Delete ". The [, THE] board may not approve the                                                                   
     relocation  unless, at  the  time  of application,  the                                                                
     existing number  of issued licenses  of the  type under                                                                
     consideration   for  relocation   located  within   the                                                                
     borough exceeds  the maximum allowed under  (a) of this                                                                
     section, and  the governing bodies of  both the borough                                                                
     and the  incorporated city approve the  relocation. The                                                                    
     board may  allow not more  than three  relocations into                                                                
     each  city [IN  A BOROUGH]  under this  subsection each                                                                
     decade.  In this  subsection, "decade"  means each  10-                                                                    
     year  period  beginning April 1  in  a  year ending  in                                                                    
     zero."                                                                                                                     
          Insert "[, THE BOARD MAY NOT APPROVE THE                                                                              
     RELOCATION  UNLESS THE  GOVERNING  BODIES  OF BOTH  THE                                                                    
     BOROUGH   AND  THE   INCORPORATED   CITY  APPROVE   THE                                                                    
     RELOCATION]. The  board may allow  not more  than three                                                                    
     relocations into each incorporated  city [IN A BOROUGH]                                                                
     under  this  subsection  each  decade.  The  board  may                                                                
     approve a relocation under this subsection only if                                                                     
               (1)  the incorporated city                                                                                   
               (A)    serves  as  a  center  for  commercial                                                                
     activity within and outside the  boundaries of the city                                                                
     by providing  goods and services  to a  population that                                                                
     is  greater  than  the  permanent  resident  population                                                                
     within the boundaries of the city;                                                                                     
               (B)    maintains   a  local  law  enforcement                                                                
     department; and                                                                                                        
               (C)   at the time  of the  application, meets                                                                
     or exceeds the maximum limit  under (a) of this section                                                                
     for  the  type  of   license  under  consideration  for                                                                
     relocation;                                                                                                            
               (2)     the  relocation  is  in   the  public                                                                
     interest; and                                                                                                          
               (3)    the  governing   bodies  of  both  the                                                                
     borough   and  the   incorporated   city  approve   the                                                                
     relocation  [IN THIS  SUBSECTION,  "DECADE" MEANS  EACH                                                                
     10-YEAR PERIOD  BEGINNING APRIL 1  IN A YEAR  ENDING IN                                                                    
     ZERO]."                                                                                                                    
                                                                                                                                
     Page 69, following line 26:                                                                                                
     Insert a new bill section to read:                                                                                         
        "* Sec. 50. AS 04.11.400(n) is amended to read:                                                                       
          (n)  In this section,                                                                                             
               (1)     "decade"   means  a   10-year  period                                                                
     beginning April 1 in a year ending in zero;                                                                            
               (2)   "radius"  means  the  circular area  or                                                                
     distance  limited  by  the sweep  of  a  straight  line                                                                    
       originating at the proposed licensed premises and                                                                        
     extending outward."                                                                                                        
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 71, line 14:                                                                                                          
          Delete "sec. 50"                                                                                                      
          Insert "sec. 51"                                                                                                      
                                                                                                                                
     Page 71, line 20:                                                                                                          
          Delete "sec. 50"                                                                                                      
          Insert "sec. 51"                                                                                                      
                                                                                                                                
     Page 115, line 7:                                                                                                          
          Delete "Sections 166(a) and 167"                                                                                      
          Insert "Sections 167(a) and 168"                                                                                      
                                                                                                                                
     Page 115, lines 10 - 11:                                                                                                   
          Delete "81 - 84, 86 - 131, 136 - 139, 141, and                                                                        
     149 - 151"                                                                                                                 
          Insert "82 - 85, 87 - 132, 137 - 140, 142, and                                                                        
     150 - 152"                                                                                                                 
                                                                                                                                
     Page 115, line 14:                                                                                                         
          Delete "sec. 124"                                                                                                     
          Insert "sec. 125"                                                                                                     
                                                                                                                                
     Page 115, line 15:                                                                                                         
          Delete "sec. 125"                                                                                                     
          Insert "sec. 126"                                                                                                     
          Delete "sec. 130"                                                                                                     
          Insert "sec. 131"                                                                                                     
                                                                                                                                
     Page 115, line 20:                                                                                                         
          Delete "sec. 171"                                                                                                     
          Insert "sec. 172"                                                                                                     
                                                                                                                                
     Page 115, line 23:                                                                                                         
          Delete "71, and 166"                                                                                                  
          Insert "72, and 167"                                                                                                  
                                                                                                                                
     Page 115, line 25:                                                                                                         
          Delete "71, and 166"                                                                                                  
          Insert "72, and 167"                                                                                                  
                                                                                                                                
     Page 116, line 3:                                                                                                          
          Delete "sec. 161"                                                                                                     
          Insert "sec. 162"                                                                                                     
                                                                                                                                
     Page 116, line 9:                                                                                                          
          Delete "sec. 161"                                                                                                     
          Insert "sec. 162"                                                                                                     
                                                                                                                                
     Page 116, line 15:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 116, line 19:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 116, line 23:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 116, line 26:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 116, line 29:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 117, line 1:                                                                                                          
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 117, line 4:                                                                                                          
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 117, line 9:                                                                                                          
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 117, line 13:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 117, line 17:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 117, line 21:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 117, line 25:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 117, line 29:                                                                                                         
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 118, line 2:                                                                                                          
          Delete "sec. 160"                                                                                                     
          Insert "sec. 161"                                                                                                     
                                                                                                                                
     Page 119, line 27:                                                                                                         
          Delete "50, 55, 161, 166(a), 166(c)(8), 167, and                                                                      
     168"                                                                                                                       
          Insert "51, 56, 162, 167(a), 167(c)(8), 168, and                                                                      
     169"                                                                                                                       
                                                                                                                                
     Page 119, line 29:                                                                                                         
          Delete "Section 165"                                                                                                  
          Insert "Section 166"                                                                                                  
                                                                                                                                
     Page 119, line 30:                                                                                                         
          Delete "secs. 169 and 170"                                                                                            
          Insert "secs. 170 and 171"                                                                                            
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  KIEHL explained  that his  intention was  to adjust  the                                                               
rule for transferring licenses from  a borough into a city within                                                               
a borough. However,  he said the language in Amendment  10 is not                                                               
written to accomplish  that goal. He said that in  the version of                                                               
the bill  that initially came  to the committee,  [CSSB 52(L&C)],                                                               
the only  opportunity to  do so  would be if  the balance  of the                                                               
borough  has grandfathered  licenses above  the population  quota                                                               
cap.  This effectively  would mean  that local  governments would                                                               
have one opportunity to move  several licenses unless the borough                                                               
suffers a  population crash. He  said he wanted to  allow borough                                                               
and city  governments to agree  to move additional  licenses into                                                               
the  city. He  said  the  city and  borough  assemblies may  have                                                               
somewhat different goals. Unfortunately,  the way Amendment 10 is                                                               
written, it  would also  create a loophole  that might  flood the                                                               
rest of the borough with new  licenses. He said that this was not                                                               
his intention.                                                                                                                  
                                                                                                                                
SENATOR KIEHL withdrew Amendment 10.                                                                                            
                                                                                                                                
1:56:43 PM                                                                                                                    
SENATOR KIEHL moved to adopt Amendment 11, work order 31-                                                                       
LS0004\S.20, Bruce, 4/25/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 11                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE BY SENATOR KIEHL                                                                                     
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
     Page 66, lines 4 - 5:                                                                                                      
          Delete "and AS 04.11.405"                                                                                         
          Insert ", AS 04.11.405, and 04.11.407"                                                                            
                                                                                                                                
     Page 67, line 6, following "section":                                                                                      
          Insert ", [AND]"                                                                                                  
                                                                                                                                
     Page 67, line 7, following "AS 04.11.405":                                                                                 
          Insert ", and 04.11.407"                                                                                          
                                                                                                                                
     Page 69, line 27:                                                                                                          
          Delete "a new section"                                                                                                
          Insert "new sections"                                                                                                 
                                                                                                                                
     Page 71, following line 13:                                                                                                
     Insert a new section to read:                                                                                              
          "Sec. 04.11.407. Petition for additional brewery                                                                    
     retail, winery  retail, and distillery  retail licenses                                                                  
     for certain  local governing bodies. (a)  A first class                                                                  
     city, a home  rule city, or a  unified municipality may                                                                    
     submit  a  resolution  to the  board,  adopted  by  its                                                                    
     legislative  body,   petitioning  the  board   for  the                                                                    
     issuance  of additional  brewery retail  licenses under                                                                    
     AS 04.09.310,    winery     retail    licenses    under                                                                    
     AS 04.09.320,  and  distillery  retail  licenses  under                                                                    
     AS 04.09.330    that    exceed   the    limits    under                                                                    
     AS 04.11.400(a) in accordance with this section.                                                                           
          (b)  The board, following a public hearing, may                                                                       
     issue one  or more  additional brewery  retail licenses                                                                    
     under  AS 04.09.310,   winery  retail   licenses  under                                                                    
     AS 04.09.320,  and  distillery  retail  licenses  under                                                                    
     AS 04.09.330,    within   the    boundaries   of    the                                                                    
     municipality, if the board finds that                                                                                      
               (1)  the municipality                                                                                            
               (A)    serves  as  a  center  for  commercial                                                                    
     activity  within  and  outside the  boundaries  of  the                                                                    
     municipality  by  providing  goods and  services  to  a                                                                    
     population that is greater  than the permanent resident                                                                    
     population within the boundaries of the municipality;                                                                      
               (B)    maintains   a  local  law  enforcement                                                                    
     department;                                                                                                                
               (C)      exercises   planning   or   land-use                                                                    
     authority; and                                                                                                             
               (D)   at the time  of the petition,  meets or                                                                    
     exceeds  the maximum  limit  under AS 04.11.400(a)  for                                                                    
     brewery  retail  licenses  issued  under  AS 04.09.310,                                                                    
     winery  retail licenses  issued under  AS 04.09.320, or                                                                    
     distillery retail licenses issued under AS 04.09.330;                                                                      
               (2)   the number of additional  licenses does                                                                    
     not exceed the number  of additional licenses requested                                                                    
     by the municipality in the petition; and                                                                                   
               (3)   granting the additional licenses  is in                                                                    
     the public interest.                                                                                                       
          (c)  A resolution submitted by a municipality                                                                         
     under (a) of this section must include                                                                                     
               (1)    information   demonstrating  that  the                                                                    
     petitioner meets the criteria in (b) of this section;                                                                      
               (2)   the  most recent  estimate, based  on a                                                                    
     month selected  by the municipality,  of the  number of                                                                    
     people  who   claim  residency  or  work   outside  the                                                                    
     boundaries of  the municipality and  who are  served by                                                                    
     the municipality, including the                                                                                            
               (A)      population   located   outside   the                                                                    
     boundaries  of  the  municipality that  relies  on  the                                                                    
     municipality for goods and services;                                                                                       
               (B)  visitor population; and                                                                                     
               (C)    nonresident   worker  population  that                                                                    
     resides in  the municipality,  but that is  not counted                                                                    
     in  the   latest  federal  or  state   census  for  the                                                                    
     municipality;                                                                                                              
               (3)   the number  of existing  brewery retail                                                                    
     licenses,  winery   retail  licenses,   and  distillery                                                                    
     retail licenses                                                                                                            
               (A)      within   the   boundaries   of   the                                                                    
     municipality;                                                                                                              
               (B)     in   a  geographic   area  that   the                                                                    
     municipality serves under (2) of this subsection;                                                                          
               (4)   information showing that the  number of                                                                    
     additional  licenses  requested  does not  exceed  more                                                                    
     than  one brewery  retail, one  winery retail,  and one                                                                    
     distillery retail license for  each 9,000 population of                                                                    
     the   population   identified   under   (2)   of   this                                                                    
     subsection; and                                                                                                            
               (5)  additional justification, as necessary,                                                                     
     to   demonstrate  that   granting  of   the  additional                                                                    
     licenses is in the public interest.                                                                                        
          (d)  If the board grants a petition for                                                                               
     additional   brewery   retail,   winery   retail,   and                                                                    
     distillery  retail licenses  under  this  section to  a                                                                    
     municipality,  the board  may not  authorize additional                                                                    
     brewery  retail, winery  retail,  or distillery  retail                                                                    
     licenses to  the same  municipality under  this section                                                                    
     for the following three years."                                                                                            
                                                                                                                                
     Page 119, line 27:                                                                                                         
          Delete "50"                                                                                                           
          Following "Act":                                                                                                      
          Insert ", and AS 04.11.405, enacted by sec. 50 of                                                                     
     this Act,"                                                                                                                 
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
1:56:50 PM                                                                                                                    
SENATOR  KIEHL  explained  that  Amendment  11  would  create  an                                                               
opportunity  based  on  the  same   model  as  the  petition  for                                                               
additional REPLs, which  would apply to the  brewery, winery, and                                                               
distillery  retail licenses.  He explained  that he  was offering                                                               
this amendment because  the population quota is set  so high that                                                               
it  will serve  to  close off  opportunities  for innovation  and                                                               
entrepreneurship.  He said  that setting  it at  one license  per                                                               
9,000  is very  limiting. He  pointed out  that the  community of                                                               
Juneau is  already over  that cap for  breweries. He  offered his                                                               
belief that  no one would suggest  that the city is  overrun with                                                               
brewery retail operations.  He remarked that he is not  a big fan                                                               
of quotas. He said that  people effectively have a property right                                                               
that gets  in the way of  the ability to use  regulations related                                                               
to life, health, and safety.                                                                                                    
                                                                                                                                
He explained that  Amendment 11 is meant to keep  the cap and use                                                               
the  same system  for REPLs  by  letting municipalities  consider                                                               
tourist population,  nonresident workers, and people  who use the                                                               
municipality  as a  hub.  In doing  so,  local governments  could                                                               
consider creating  a few more  opportunities to open  these types                                                               
of businesses. He  pointed out that a person in  Juneau can buy a                                                               
beer  at  a  package  store,   a  bar,  or  a  restaurant,  which                                                               
essentially gives them  one chance to buy one beer  for every 750                                                               
people. However, to suggest that buying  a beer at a brewery is a                                                               
dozen  times  riskier  to  life,  health,  and  safety  does  not                                                               
resonate.                                                                                                                       
                                                                                                                                
SENATOR KIEHL stated that he  has discussed a compromise that the                                                               
sponsor has  crafted, but he does  not wish to hold  up the bill.                                                               
He said  he very  reluctantly will withdraw  Amendment 11  at the                                                               
request of two breweries in his community and the sponsor.                                                                      
                                                                                                                                
CHAIR HUGHES said  that it is worth considering at  some point in                                                               
the future since it is a  new model. She stated that Amendment 11                                                               
has been withdrawn.                                                                                                             
                                                                                                                                
2:00:35 PM                                                                                                                    
SENATOR  MICCICHE moved  to adopt  Amendment 12,  work order  31-                                                               
LS0004\S.23, Bruce, 4/24/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 12                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR MICCICHE                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 13, line 21, following "with":                                                                                        
          Insert "(d) or"                                                                                                       
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  MICCICHE  explained that  Amendment  12  is a  technical                                                               
amendment change  caught by the  bill drafter. This  ensures that                                                               
the holder  of a REPL  must comply  with subsection (d)  and (e);                                                               
however, subsection (e) is the only item in the bill.                                                                           
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 12 was adopted.                                                                                            
                                                                                                                                
2:01:09 PM                                                                                                                    
SENATOR   REINBOLD   commented   that  Linda   Bruce   [attorney,                                                               
Legislative Legal Services,], and  the sponsor's office have been                                                               
excellent to work with.                                                                                                         
                                                                                                                                
2:01:29 PM                                                                                                                    
SENATOR  REINBOLD moved  to adopt  Amendment 13,  work order  31-                                                               
LS0004\S.24, Bruce, 4/25/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 13                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR REINBOLD                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
     Page 7, line 29, through page 8, line 5:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Page 11, lines 13 - 19:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Page 29, lines 19 - 24:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Page 50, lines 6 - 9:                                                                                                      
          Delete all material and insert:                                                                                       
          "(a)  Except as provided in AS 04.11.020, a                                                                           
     person may not knowingly                                                                                                   
               (1)  [MANUFACTURE, SELL, OFFER FOR SALE,]                                                                    
     possess for [SALE OR] barter, traffic in, or barter an                                                                     
       alcoholic beverage unless under license or permit                                                                        
     issued under this title; or                                                                                            
               (2)  manufacture an alcoholic beverage, sell                                                                 
     an alcoholic beverage, offer  an alcoholic beverage for                                                                
     sale, or possess  an alcoholic beverage for  sale in an                                                                
     area   that   has   adopted  a   local   option   under                                                                
     AS 04.11.491  unless  under  license or  permit  issued                                                                
     under this title."                                                                                                     
                                                                                                                                
     Page 50, line 26:                                                                                                          
          Delete    "04.09.070,     04.09.140,    04.09.145,                                                                
     04.09.370, or 04.09.380"                                                                                               
          Insert "04.09.140, or 04.09.370"                                                                                  
                                                                                                                                
     Page 87, line 14:                                                                                                          
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
     Page 98, line 25:                                                                                                          
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
     Page 99, lines 3 - 4:                                                                                                      
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
     Page 99, line 12:                                                                                                          
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
     Page 99, lines 24 - 25:                                                                                                    
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
     Page 99, line 31:                                                                                                          
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380, AS 04.09.750,"                                                                                              
          Insert "04.09.370, 04.09.750,"                                                                                    
                                                                                                                                
     Page 100, lines 8 - 9:                                                                                                     
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
     Page 100, lines 11 - 12:                                                                                                   
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
     Page 102, line 12:                                                                                                         
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
     Page 113, lines 7 - 8:                                                                                                     
          Delete    "04.09.070,     04.09.145,    04.09.370,                                                                
     04.09.380,"                                                                                                            
          Insert "04.09.370,"                                                                                               
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
2:01:47 PM                                                                                                                    
SENATOR  REINBOLD  explained  that  Amendments  13  and  14  were                                                               
brought to  her by the  Department of  Law. They relate  to local                                                               
option  areas and  make it  easier for  prosecutors to  catch bad                                                               
actors.                                                                                                                         
                                                                                                                                
2:02:36 PM                                                                                                                    
JOHN SKIDMORE, Director, Criminal Division, Central Office,                                                                     
Department of Law, Anchorage, stated that the Department of Law,                                                                
Criminal  Division,  is  not  taking  any  opinion  on  the  bill                                                               
overall. However, some  sections of Title 4  address local option                                                               
areas  and the  department takes  it very  seriously when  people                                                               
make alcohol or  import alcohol to local option  areas because it                                                               
is a criminal offense.                                                                                                          
                                                                                                                                
He said  that some revisions  in the  bill made it  difficult for                                                               
the  DOL  because  it  swept   in  some  of  the  bootlegging  or                                                               
manufacturing conduct.  He said  that the department  worked with                                                               
the sponsor  and Senator  Reinbold on  the language  in Amendment                                                               
13. It  would remove local  option provisions from this  bill and                                                               
place them back into the statutes  where the DOL is accustomed to                                                               
addressing them.  It will also  allow the department  to continue                                                               
to prosecute  illegal bootlegging  or manufacturing. He  said the                                                               
Department of Law supports Amendment 13.                                                                                        
                                                                                                                                
2:04:20 PM                                                                                                                    
SENATOR KIEHL  asked whether the  bill increases the  penalty for                                                               
manufacturing or bootlegging alcohol to a class C felony.                                                                       
                                                                                                                                
MR. SKIDMORE  answered that  it would  continue to  be a  class C                                                               
felony.                                                                                                                         
                                                                                                                                
SENATOR MICCICHE said he cosponsored and supports Amendment 13.                                                                 
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 13 was adopted.                                                                                            
                                                                                                                                
2:05:16 PM                                                                                                                    
SENATOR  REINBOLD moved  to adopt  Amendment 14,  work order  31-                                                               
LS0004\S.25, Bruce, 4/25/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 14                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR REINBOLD                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 94, lines 21 - 31:                                                                                                    
          Delete all material and insert:                                                                                       
          "(a)  A person may not use a common carrier to                                                                        
     transport  alcoholic beverages  into an  area that  has                                                                    
     restricted  the  sale   of  alcoholic  beverages  under                                                                    
     AS 04.11.491(a)(1),  (2),  or  (3)  or  (b)(1)  or  (2)                                                                    
     unless                                                                                                                     
               (1)  the common carrier is approved by the                                                                   
     board under AS 04.09.750(b);                                                                                           
               (2)  the shipping container holding the                                                                      
     alcoholic  beverages is  clearly labeled  as containing                                                                    
     alcoholic  beverages  [WITH  LETTERS THAT  CONTRAST  IN                                                                    
     COLOR TO THE  SHIPPING CONTAINER AND THAT  ARE AT LEAST                                                                    
     TWO INCHES IN HEIGHT]; and                                                                                                 
               (3) [(2)]  an itemized invoice showing the                                                                   
     quantity and purchase value of distilled spirits, [OF]                                                                     
      wine, and brewed [OF MALT] beverages is attached to                                                                   
     the outside of the shipping container."                                                                                    
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR REINBOLD said  that the bill lists some  things that were                                                               
allowed but the bill was  not explicit in describing conduct that                                                               
is not  allowed. She  explained that  Amendment 14  would clarify                                                               
that a person cannot use  a common carrier to transport alcoholic                                                               
beverages into  a restricted  area unless  the common  carrier is                                                               
approved by the board under  AS 04.09.750(b). She said that lines                                                               
8-14 are clarifying language.                                                                                                   
                                                                                                                                
2:06:12 PM                                                                                                                    
MR. SKIDMORE directed  attention to page 94 of the  bill. He said                                                               
he agreed  with Senator Reinbold's  description of  Amendment 14.                                                               
In addition to  the conduct of creating  or manufacturing alcohol                                                               
in  the local  option areas,  some individuals  will travel  to a                                                               
local  option  area  by  common carrier,  such  as  a  commercial                                                               
airline. Many  interdiction efforts prevent people  from bringing                                                               
alcohol to a  local option community, he said.  He explained that                                                               
the language  in SB 52  was written  to indicate conduct  that is                                                               
allowed, but criminal  law tends to focus on what  is illegal for                                                               
enforcement  purposes. He  said that  Amendment 14  would clarify                                                               
that if someone is carrying alcohol  in via a common carrier, the                                                               
department  can  take  law enforcement  action  against  it.  The                                                               
department supports Amendment 14, he said.                                                                                      
                                                                                                                                
SENATOR  MICCICHE said  he is  a  cosponsor of  Amendment 14  and                                                               
supports it.                                                                                                                    
                                                                                                                                
CHAIR HUGHES asked to be added as cosponsor of Amendment 14.                                                                    
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 14 was adopted.                                                                                            
                                                                                                                                
2:08:02 PM                                                                                                                    
SENATOR  MICCICHE moved  to adopt  Amendment 15,  work order  31-                                                               
LS0004\S.26, Bruce, 4/25/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 15                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR MICCICHE                                                                 
     TO:  CSSB 52(L&C)                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 66, line 1:                                                                                                           
          Following "may":                                                                                                      
          Insert "delegate to the director the authority to                                                                     
     impose"                                                                                                                    
          Delete "impose"                                                                                                       
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  MICCICHE  explained  that  Amendment  15  also  supports                                                               
Senator [Reinbold's]  previous amendment. Although the  board can                                                               
currently impose  conditions, Amendment 15 would  allow the board                                                               
to delegate its  authority to the director  to impose conditions.                                                               
He  explained that  permit applications  sometimes are  submitted                                                               
just prior to an event and the  board may not have the ability to                                                               
meet.  He  offered his  belief  that  Senator Reinbold  expressed                                                               
interest  in  streamlining  the process  while  keeping  as  much                                                               
control  with  the  board  as   possible.  This  amendment  would                                                               
accomplish both of those objectives, he said.                                                                                   
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Amendment 15 was adopted.                                                                                            
                                                                                                                                
2:09:29 PM                                                                                                                    
SENATOR  REINBOLD  thanked  the departments,  organizations,  and                                                               
sponsor for their work on the bill.                                                                                             
                                                                                                                                
2:10:56 PM                                                                                                                    
SENATOR MICCICHE echoed Senator Reinbold's thanks.                                                                              
                                                                                                                                
2:11:35 PM                                                                                                                    
CHAIR  HUGHES   characterized  the  process  as   somewhat  of  a                                                               
tightrope act that  has come together. She solicited  the will of                                                               
the committee on SB 52.                                                                                                         
                                                                                                                                
2:11:49 PM                                                                                                                    
SENATOR MICCICHE  moved to report  the committee  substitute (CS)                                                               
for  SB 52  from committee  with  individual recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
[The committee treated the foregoing motion as withdrawn.]                                                                      
                                                                                                                                
2:12:27 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:12:42 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting  and advised that a corrected                                                               
motion would be read.                                                                                                           
                                                                                                                                
2:12:46 PM                                                                                                                    
SENATOR MICCICHE  moved to report  SB 52, work  order 31-LS0004\S                                                               
[as amended] with individual  recommendations and attached fiscal                                                               
note(s).  There being  no objection,  CSSB  52(JUD) was  reported                                                               
from the Senate Judiciary Standing Committee.                                                                                   
                                                                                                                                
CHAIR HUGHES noted that the  Legislative Legal Research Services,                                                               
Legislative Affairs  Agency was authorized to  make any technical                                                               
and conforming changes necessary to adopt the amendments.                                                                       
                                                                                                                                
2:13:19 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
        SJR 9-CONST.AM: APPROP. BILL FOR PUBL EDUCATION                                                                     
                                                                                                                                
2:14:43 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.  She announced that the next                                                               
order  of  business  would  be SENATE  JOINT  RESOLUTION  NO.  9,                                                               
Proposing amendments to  the Constitution of the  State of Alaska                                                               
relating to  an appropriation bill  funding public  education for                                                               
grades kindergarten through 12.                                                                                                 
                                                                                                                                
2:15:01 PM                                                                                                                    
SENATOR   MICCICHE  moved   to  adopt   the  proposed   committee                                                               
substitute  (CS) for  SJR 9,  work  order 31-LS0561\E,  Caouette,                                                               
4/25/19, as the working document.                                                                                               
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
2:15:25 PM                                                                                                                    
REGINA  LARGENT,  Staff,  Senator Shelley  Hughes,  Alaska  State                                                               
Legislature,  Juneau, reviewed  the  "Explanation  of Changes  in                                                               
Committee Substitute for CSSJR 9 Version S to E."                                                                               
                                                                                                                                
     Title  Changes:  The following  has  been  added to  or                                                                    
     removed from the  title in order to  conform to changes                                                                    
     and added provisions;                                                                                                      
                                                                                                                                
     ? REMOVED:  relating to  an appropriation  bill funding                                                                    
     of public education grades kindergarten through 12                                                                         
                                                                                                                                
     ? ADDED:  relating forward funding of  public education                                                                    
     grades kindergarten through 12                                                                                             
                                                                                                                                
MS. LARGENT presented the sectional analysis for SJR 9.                                                                         
                                                                                                                                
     Section 1: The proposed  separate appropriation bill in                                                                    
     Version S is removed,  thereby leaving Article IX, sec.                                                                    
     12, Constitution of the State of Alaska unchanged.                                                                         
                                                                                                                                
                                                                                                                                
2:16:32 PM                                                                                                                    
MS. LARGENT turned to Section 2.                                                                                                
                                                                                                                                
     Section 2:  Adds a new  subsection to Article  IX, sec.                                                                    
     12,  Constitution of  the State  of  Alaska to  require                                                                    
     continued  forward funding  of public  education grades                                                                    
     kindergarten through  grade 12 (K-12) with  a mechanism                                                                    
     for enactment  should education forward funding  for FY                                                                    
     2022 in  the FY  2021 operating  budget take  effect as                                                                    
     well  as  a separate  mechanism  for  enactment if  the                                                                    
     education forward  funding for FY  2022 in the  FY 2021                                                                    
     operating budget  does not occur. The  section includes                                                                    
     a  release  valve in  the  event  of extreme  budgetary                                                                    
     constraints in  the transition year, but  the effective                                                                    
     date for the constitutional  amendment may not be later                                                                    
     than January 1, 20263 .                                                                                                    
                                                                                                                                
MS. LARGENT explained  that Section 2 would add  a new subsection                                                               
to the Constitution  of the State of Alaska  to continue forward-                                                               
funding  of   public  education  grades  K-12   with  a  separate                                                               
mechanism for  enactment if education  forward-funding for  FY 22                                                               
in the FY 21 operating budget  take effect. She said this section                                                               
contains  a  release valve  in  the  event of  extreme  budgetary                                                               
constraints in  the transition year,  but the effective  date for                                                               
the constitutional  amendment may  not be  later than  January 1,                                                               
2026.                                                                                                                           
                                                                                                                                
2:17:41 PM                                                                                                                    
CHAIR  HUGHES remarked  on the  transition  language. She  stated                                                               
that last year the  legislature forward-funded [public education]                                                               
and is doing so this year.  The legislature would like to forward                                                               
fund [public education] next year.  However, if something were to                                                               
occur such as  a 9.9 magnitude earthquake, oil  prices dropped to                                                               
$20 per barrel, or some  unforeseen thing occurred the transition                                                               
language  provides a  release valve.  She explained  that if  the                                                               
legislature  forward funded  public education  for next  year, in                                                               
the FY  22 operating budget, this  would just "go into  stone and                                                               
continue on if  it were passed by the voters."  If something dire                                                               
occurred and the legislature did  not forward fund education next                                                               
year, she  said that the relief  valve provision on page  2, line                                                               
12,  would apply.  She  reiterated that  if  the legislature  did                                                               
forward  fund education,  the constitutional  amendment would  go                                                               
into effect  and every year  from there  on out would  be forward                                                               
funded, but  the effective date for  the constitutional amendment                                                               
may not be later than January 1, 2026.                                                                                          
                                                                                                                                
2:19:04 PM                                                                                                                    
CHAIR   HUGHES  explained   that  this   would  also   allow  the                                                               
legislature to  save for that second  year. She said that  is one                                                               
of the  things that might be  a little confusing for  the voters.                                                               
She said she hopes  that it is the will of  the committee to move                                                               
this resolution. She would hope  that next year during the normal                                                               
budget process forward-funding [of  public education] would be in                                                               
place, which  would allow in  the next committee of  referral for                                                               
this language to be removed  and the language would be simplified                                                               
for the voters.                                                                                                                 
                                                                                                                                
She said  she appreciates that  the sponsor highlighted  the pink                                                               
slip. She  highlighted that  the state has  always had  a problem                                                               
recruiting  and retaining  teachers in  Alaska, in  particular in                                                               
the rural areas. She emphasized  that fewer people are going into                                                               
the teaching profession, that enrollment  in teaching colleges is                                                               
down by 35  percent. Teacher turnover not  only affects teachers,                                                               
but also students.  It harms the education  process for students.                                                               
She  stressed that  this  would bring  stability  since it  would                                                               
allow the  education funding  as a  part of  the whole.  Since it                                                               
would be  a year ahead, it  would help to understand  the revenue                                                               
projections,  savings,  and   other  department  obligations  and                                                               
needs.                                                                                                                          
                                                                                                                                
CHAIR HUGHES highlighted that the  other great thing is that once                                                               
this is in  place, the districts will know that  the funding will                                                               
not  be tinkered  with and  the districts  will know  the funding                                                               
more than  a year in  advance. She  said that this  would provide                                                               
stability and allow school districts to do advance planning.                                                                    
                                                                                                                                
2:21:55 PM                                                                                                                    
SENATOR MICCICHE asked whether the sponsor could also respond.                                                                  
                                                                                                                                
2:22:07 PM                                                                                                                    
SENATOR MIA  COSTELLO, Alaska  State Legislature,  Juneau, stated                                                               
that she came forward with  a constitutional amendment to address                                                               
a  problem.  She related  that  the  legislature funds  education                                                               
every  year  and  either  fully   funds  the  BSA  [base  student                                                               
allocation] or  funds the  BSA and  adds additional  funding with                                                               
little  variation.  The issue  is  that  the legislative  funding                                                               
process is  done well  past the time  when school  districts must                                                               
submit their budgets to local  governments for approval. Over the                                                               
years,  the impression  she has  is that  it causes  districts to                                                               
undergo significant  turmoil, including  releasing teachers  at a                                                               
time  when  teacher recruitment  and  retention  is at  a  crisis                                                               
level. Further, many rural communities  lose their teachers every                                                               
single year  and that results  in instability for  students. This                                                               
also erodes the effectiveness of  teachers and research has shown                                                               
that  effective  and committed  principals  and  teachers in  the                                                               
classrooms and are the number one indicator of student results.                                                                 
                                                                                                                                
2:24:31 PM                                                                                                                    
SENATOR  COSTELLO  said  that   this  resolution  was  originally                                                               
introduced  to  have  funding  done   early  in  the  legislative                                                               
session. The committee  has come back with  a different approach,                                                               
which is  to forward fund  public education, which  she supports.                                                               
She  offered her  belief that  this would  address the  situation                                                               
adequately or even more so than the original resolution.                                                                        
                                                                                                                                
2:24:50 PM                                                                                                                    
CHAIR HUGHES remarked that this resolution is time appropriate.                                                                 
                                                                                                                                
2:25:22 PM                                                                                                                    
SENATOR MICCICHE  moved to report  the committee  substitute (CS)                                                               
for  SJR   9,  work  order   31-LS0561\E,  from   committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
2:25:56 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:26:15 PM                                                                                                                    
CHAIR HUGHES  reconvened the meeting  and removed  her objection.                                                               
She asked Senator Micciche to restate the motion.                                                                               
                                                                                                                                
2:26:38 PM                                                                                                                    
SENATOR MICCICHE  moved to report  the committee  substitute (CS)                                                               
for  SJR   9,  work  order   31-LS0561\E,  from   committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being  no  objection, the  CSSJR  9(JUD)  was reported  from  the                                                               
Senate Judiciary Standing Committee.                                                                                            
                                                                                                                                
2:27:27 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
                    HB 12-PROTECTIVE ORDERS                                                                                 
                                                                                                                                
2:29:01 PM                                                                                                                    
CHAIR  HUGHES  reconvened the  meeting.  She  announced that  the                                                               
final order of  business would be CS FOR HOUSE  BILL NO. 12(JUD),                                                               
"An Act relating to protective orders."                                                                                         
                                                                                                                                
[The committee adopted SCS CSHB 12(JUD), Version G, on 4/23/19]                                                                 
                                                                                                                                
2:29:50 PM                                                                                                                    
SENATOR REINBOLD  stated support  for HB  12, but  cautioned that                                                               
she does not want to give  the public the impression that this is                                                               
a  dramatic  change.  It  extends  protective  orders,  which  is                                                               
critical  in the  state, but  it  does not  address thousands  of                                                               
other issues  with the criminal  code and  tools that need  to be                                                               
restored for law enforcement.                                                                                                   
                                                                                                                                
CHAIR  HUGHES  advised that  question  is  whether the  committee                                                               
should add  an effective date.  She said she understood  from the                                                               
court  system  that  it  would  need 90  days  to  implement  the                                                               
procedures, so the bill does not have an added effective date.                                                                  
                                                                                                                                
2:30:58 PM                                                                                                                    
REPRESENTATIVE  CHUCK  KOPP,  Alaska State  Legislature,  Juneau,                                                               
sponsor  of HB  12, stated  that the  bill does  what the  Alaska                                                               
Supreme Court has asked which is  to amend the statute to clarify                                                               
that  victims  of  domestic  violence   and  sexual  assault  and                                                               
stalking  can have  their protective  orders extended  or renewed                                                               
without further victimization.                                                                                                  
                                                                                                                                
2:31:34 PM                                                                                                                    
SENATOR MICCICHE  moved to  report SCS  CSHB 12(JUD),  work order                                                               
31-LS0103\G, from  committee with individual  recommendations and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
2:31:51 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:32:39 PM                                                                                                                    
CHAIR HUGHES reconvened  the meeting. She stated  that hearing no                                                               
objection,  SCS   CSHB  12(JUD)  is  reported   from  the  Senate                                                               
Judiciary Standing  Committee. She  noted that  Legislative Legal                                                               
Services  is  authorized  to make  any  necessary  technical  and                                                               
conforming changes.                                                                                                             
                                                                                                                                
2:33:20 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Hughes adjourned the Senate Judiciary Standing Committee                                                                  
meeting at 2:33 p.m.                                                                                                            

Document Name Date/Time Subjects
CSHB 12(JUD) Version G.pdf SJUD 4/26/2019 1:30:00 PM
HB 12
SB052 SUPPORTING DOC - REQ FOR INFO - KIEHL 04.24.19.pdf SJUD 4/26/2019 1:30:00 PM
SB 52
SB052 SUPPORTING DOC - ABC REPT FORM EXAMPLE.pdf SJUD 4/26/2019 1:30:00 PM
SB 52
SB052 SUPPORTING DOC - ENFORCEMENT REPT.pdf SJUD 4/26/2019 1:30:00 PM
SB 52
Memorandum from Legal Services 4/25/2019.pdf SJUD 4/26/2019 1:30:00 PM
SJR 9
Memorandum from Legal Services 4/24/2019.pdf SJUD 4/26/2019 1:30:00 PM
SJR 9
CSSJR 9 Ver E.pdf SJUD 4/26/2019 1:30:00 PM
SJR 9
CSSJR 9 Explanation of Changes from Version S to E.pdf SJUD 4/26/2019 1:30:00 PM
SJR 9
CSSB 52(L&C) Amendments for S.JUD.pdf SJUD 4/26/2019 1:30:00 PM
SB 52