Legislature(1995 - 1996)
05/04/1996 11:10 AM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
May 4, 1996
11:10 a.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Johnny Ellis
MEMBERS ABSENT
Senator Al Adams
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 2(FIN)
"An Act providing for incarceration of certain nonviolent offenders
in boot camps operated by the Department of Corrections; making
prisoners who complete the boot camp program eligible for furloughs
and discretionary parole; allowing the Department of Corrections to
contract with a person for a boot camp program; creating the Boot
Camp Program Advisory Board in the Department of Corrections."
CS FOR HOUSE BILL NO. 433(JUD) am
"An Act relating to an exemption to the unauthorized publication or
use of communications and the prohibition against eavesdropping for
certain law enforcement activities."
CS FOR HOUSE BILL NO. 372(L&C) am
"An Act relating to the authority of the Alcoholic Beverage Control
Board to exempt certain restaurant or eating place licenses from
requirements relating to operation of a restaurant and to food
sales; and providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
HB 2 - No previous Senate committee action.
HB 433 - No previous Senate committee action.
HB 372 - No previous Senate committee action.
WITNESS REGISTER
Representative Ed Willis
State Capitol, Juneau, AK 99801-1182¶(907)465-2199
POSITION STATEMENT: prime sponsor of HB 2
Jerry Shriner, Special Assistant
Office of the Commissioner
Department of Corrections
240 Main St., Ste. 700, Juneau, AK 99801¶(907)465-4640
POSITION STATEMENT: supports HB 2
Del Smith, Deputy Commissioner
Department of Public Safety
P.O. Box 111200, Juneau, AK 99811-1200¶(907)465-4322
POSITION STATEMENT: representing governor-prime sponsor of HB 433
Anne Carpeneti, Assistant Attorney General
Criminal Division
Department of Law
P.O. Box 110300, Juneau, AK 99811-0300¶(907)465-3428
POSITION STATEMENT: representing governor-prime sponsor of HB 433
Representative Norman Rokeberg
State Capitol, Juneau, AK 99801-1182¶(907)465-4968
POSITION STATEMENT: prime sponsor of HB 372
Mia Costello, Aide
Representative Norman Rokeberg
State Capitol, Juneau, AK 99801-1182¶(907)465-4968
POSITION STATEMENT: prime sponsor of HB 372
ACTION NARRATIVE
TAPE 96-47, SIDE A
Number 001
CSHB 2(FIN) BOOT CAMP FOR NONVIOLENT OFFENDERS
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 11:10 a.m. and brought up HB 2 as the first order of
business before the committee.
Number 010
REPRESENTATIVE ED WILLIS, prime sponsor of HB 2, stated the bill
would set up a boot camp program within the Department of
Corrections. The program would free up beds in the prison system.
Federal funding is being proposed for such programs.
Number 035
JERRY SHRINER, Special Assistant to the Commissioner, Department of
Corrections, stated the department supports HB 2. The program
would be structured in such a way as to free up beds in prisons.
While the cost of probation services would be higher, that cost
would still be substantially lower than the costs associated with
incarceration. The emphasis in these types of programs is on work,
vocational training, and substance abuse treatment.
SENATOR GREEN asked if this program would duplicate the one at Fort
Richardson.
MR. SHRINER stated the programs are similar, but the difference is
in the age of the target group. The program at Fort Richardson is
made up of juveniles who are not necessarily offenders. The
program set up by HB 2 would be made up of young, adult offenders.
Number 095
SENATOR MILLER offered a conceptual amendment on page 3, lines 21-
22, that the members from the House and the Senate be appointed by
the Speaker and the President respectively, instead of being
appointed by the Governor.
CHAIRMAN TAYLOR, hearing no objection to the amendment, stated it
was adopted.
CHAIRMAN TAYLOR stated he toured a boot camp prison program in
Arizona, and he supports HB 2. He thinks the recidivism rate with
boot camp programs is lower than that of regular prison sentences.
Number 155
SENATOR ELLIS made a motion to discharge SCS CSHB 2(JUD) from the
Senate Judiciary Committee with a unanimous do pass. Hearing no
objection, CHAIRMAN TAYLOR stated the motion carried.
CSHB 433(JUD) am POLICE CAN INTERCEPT SOME COMMUNICATIONS
CHAIRMAN TAYLOR brought up CSHB 433(JUD) am as the next order of
business and then stated the committee would recess to a call of
the chair, until approximately 1:30 p.m., in order to give the
administration an opportunity to testify on HB 433.
CHAIRMAN TAYLOR called the Senate Judiciary Committee meeting back
to order at 1:50 p.m.
DEL SMITH, Deputy Commissioner, Department of Public Safety,
representing the governor - prime sponsor of HB 433, stated the
bill would allow law enforcement officers to resolve dangerous
situations by a narrowly defined exemption to the eavesdropping
laws. He urged support for HB 433.
CHAIRMAN TAYLOR asked Ms. Carpeneti to review HB 433 for the
committee.
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Department of Law, stated that there is no specific exception for
eavesdropping during a hostage situation. HB 433 was drafted to
address that situation, so that in an emergency, peace officers can
use a listening device.
Number 232
CHAIRMAN TAYLOR commented it appears to be significantly limited to
barricade situations, hostage situations, and situations where a
person is threatening to use explosives illegally. HB 433 attempts
to scoot around the violation of First Amendment rights to privacy.
We do not lightly allow that invasion. He wants on the record that
peace officers will have the right to eavesdrop only in very
limited, emergency situations.
MS. CARPENETI noted that if there is time, law enforcement would
seek a warrant, but in exigent circumstances that would not be
necessary.
SENATOR TAYLOR cautioned the department to seek warrants if there
is an opportunity to do so.
MR. SMITH agreed with Senator Taylor that seeking a warrant is the
best way to go, if at all possible.
Number 261
SENATOR GREEN made a motion to discharge CSHB 433(JUD) am from the
Senate Judiciary Committee with individual recommendations.
CHAIRMAN TAYLOR, hearing no objection, stated the bill was
discharged from committee.
CSHB 372(L&C) am LIQUOR LICENSES
CHAIRMAN TAYLOR brought up CSHB 372(L&C) am as the next order of
business before the Senate Judiciary Committee. The chairman
stated the committee would stand in recess to a call of the chair
to await a Senate committee substitute for HB 372 which would
combine Senator Halford's bill and Representative Rokeberg's bill.
SENATOR ELLIS asked if there was a title problem.
CHAIRMAN TAYLOR stated he hasn't seen any of that work yet. He
hasn't yet seen that any of those problems are bothering anybody.
SENATOR ELLIS commented that the only thing worse than fish wars
are liquor wars.
Committee staff informed the committee that the committee subsitute
was on its way.
CHAIRMAN TAYLOR called a brief at ease to await the scs.
CHAIRMAN TAYLOR called the committee back to order and stated that
committee members have had a chance to perform a cursory review of
the proposed committee substitute. The chairman stated he does not
understand the changes the Senate CS makes, and asked
Representative Rokeberg to walk the committee through them.
REPRESENTATIVE NORMAN ROKEBERG, prime sponsor of HB 372, stated he
is also absorbing the same information the Judiciary Committee
members are trying to absorb. The primary differences in Section
1 are that subsection (e) is no longer allowed as an exemption for
the new category of exempt licenses, which for purposes of
discussion he will call the tavern licenses. The tavern licenses
would now have to meet the 50/50 food requirement under the
restaurant license.
CHAIRMAN TAYLOR asked if what Representative Rokeberg is referring
to as taverns, others refer to as brewpubs.
REPRESENTATIVE ROKEBERG responded no. In the state of Alaska, we
have the beverage dispensary license, the restaurant license, and
the 10% exempt license. In addition, we have the brewpub
provision, which specifies that a person can produce 75,000 gallons
or less on premises, but they have to have a beverage dispensary
license. To be a brewpub, you have to have a beverage dispensary
license. There are several businesses in the process of opening up
in Anchorage which avoided the cost of a beverage dispensary
license by acquiring a brewery license and a restaurant eating
place license.
CHAIRMAN TAYLOR called a recess so that Representative Rokeberg
could return to the floor of the House for a vote on the railroad
bill.
CHAIRMAN TAYLOR called the committee back to order.
MIA COSTELLO, Aide to Representative Norman Rokeberg, prime sponsor
of HB 372, stated the bill would repeal the exemption for
businesses with a brewery license and a restaurant eating place
license with the 50/50 food provision.
SENATOR ELLIS asked if the 50/50 food rule is gross for the whole
establishment, or is it per customer.
MS. COSTELLO responded the rule is applied as a gross to the sales
of the establishment. She stated that the next change is to allow
businesses with brewery and restaurant eating place licenses to
have entertainment until 11:00 p.m.
Number 360
SENATOR ELLIS asked what the rationale was for the change from 9:00
p.m. to 11:00 p.m.
MS. COSTELLO thinks it was a compromise.
CHAIRMAN TAYLOR added that's about the time the Anchorage Symphony
gets done.
SENATOR ELLIS asked who it was a compromise between.
MS. COSTELLO responded it is her understanding that the compromise
occurred because establishments wanted to be able to have
entertainment and attract people. But people aren't eating dinner
at 10:00 and 11:00 p.m.: they're drinking.
SENATOR ELLIS asked Ms. Costello to explain what portion of the scs
is from the Rokeberg bill and what portion is from the Halford
bill.
MS. COSTELLO stated originally SB 372 still allowed those people
who received exemptions to be exempt from the 50/50 food provision.
The scs does not allow that. In Section 2, the change was from
6:00 p.m. originally, to 11:00 p.m.
CHAIRMAN TAYLOR stated HB 372 would grandfather in those businesses
who already have a brewery and a restaurant eating place license.
SENATOR ELLIS asked why we would want to prohibit new businesses
from getting brewery and restaurant eating place licenses.
MS. COSTELLO responded she cannot answer that question.
CHAIRMAN TAYLOR thinks that previously, businesses had to purchase
a beverage dispensary license to have a brewpub business.
SENATOR ELLIS thinks that businesses with beverage dispensary
licenses and brewpub businesses felt that businesses with
combination brewery and restaurant eating place licenses would be
in competition with them.
CHAIRMAN TAYLOR thinks HB 372 would stop competition at a lower
entry fee.
SENATOR ELLIS stated he never knew there was a state policy to
prohibit brew-pubs.
CHAIRMAN TAYLOR thinks that the current trend is to cut back on the
availability of alcohol, but businesses with combination brewery
licenses and restaurant eating place licenses were expanding
alcohol sales and competing directly with brewpubs that owned
liquor dispensary licenses. He asked Ms. Costello if he is
relating things she has heard that are driving HB 372.
Number 463
MS. COSTELLO replied yes. The other change to the bill is Section
4, which states that the ABC Board will have a public hearing on or
before the first of next year to discuss the changes in HB 372.
There are a number of people on hold for these licenses, and the
board has issued a moratorium on issuing the licenses until HB 372
passes.
SENATOR ELLIS asked how long the moratorium has been in place and
how many licenses are being held up by the moratorium.
MS. COSTELLO stated she knows of four, three of which have been
issued by the board in the Anchorage area. There are five
applications that are being held up by the moratorium. Whether or
not more have applied since that time, which was about two months
ago, she does not know.
CHAIRMAN TAYLOR asked if there would be nine new establishments
selling alcohol in Anchorage.
MS. COSTELLO replied that three businesses have received these
types of licenses and will be grandfathered in under this bill.
The others would not be grandfathered in if HB 372 passes.
SENATOR GREEN asked if this is outside the purview of the ABC board
at this time.
CHAIRMAN TAYLOR responded that without HB 372, the ABC Board would
be forced to issue more licenses.
SENATOR MILLER made a motion to adopt SCS CSHB 372(JUD). The
committee substitute was adopted by a vote of three yeas, one nay,
and one absent. Voting for adoption were Senators Taylor, Miller,
and Green. Voting against adoption was Senator Ellis. Senator
Adams was absent.
SENATOR ELLIS asked how the title change will be handled.
SENATOR MILLER stated a title change resolution will be adopted in
the Rules Committee.
MS. COSTELLO added that a title change resolution has already been
drafted and Senate Judiciary Committee staff has a copy of that
resolution.
SENATOR MILLER made a motion to discharge SCS CSHB 372(JUD) from
the Senate Judiciary Committee with individual recommendations.
SENATOR ELLIS objected. CHAIRMAN TAYLOR asked that the roll be
called on the motion. The motion was adopted by a vote of three
yeas, one nay, and one absent. Voting for the motion were Senators
Taylor, Miller, and Green. Voting against the motion was Senator
Ellis. Senator Adams was absent.
CHAIRMAN TAYLOR adjourned the Senate Judiciary Committee meeting at
2:20 p.m.
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