Legislature(1995 - 1996)

02/14/1995 01:30 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               SENATE LABOR AND COMMERCE COMMITTEE                             
                       February 14, 1995                                       
                           1:30 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Tim Kelly, Chairman                                                   
 Senator John Torgerson, Vice Chairman                                         
 Senator Mike Miller                                                           
 Senator Judy Salo                                                             
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Jim Duncan                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 78                                                            
 "An Act related to the authority of certain beverage dispensary               
 licensees to stock alcoholic beverages in guest rooms and                     
 prohibiting certain room rentals for the purpose of providing                 
 alcoholic beverages to a person under 21 years of age."                       
                                                                               
 SENATE BILL NO. 45                                                            
 "An Act relating to settlement and payment of claims for minimum              
 wage and overtime compensation claims and to liquidated damages and           
 attorney fees for minimum wage and overtime compensation claims."             
                                                                               
 Confirmation Hearings:                                                        
                                                                               
 Tom Cashen, Commissioner Designee, Department of Labor                        
 Willie Hensley, Commissioner Designee, Department of Commerce and             
   Economic Development                                                        
 Board of Registration for Architects, Engineers, Land Surveyors:              
   Pease, Mearig                                                               
 Athletic Commission:  Asplund                                                 
 Board of Barbers and Hairdressers: Flint                                      
 Board of Chiropractic Examiners: Conners-Allen, Phillips                      
 Board of Clinical Social Work Examiners: Henkelman, Patrick-Riley             
 Board of Dental Examiners: Selle, Singleton                                   
 Board of Dispensing Opticians: Hedges-Gajdos, Doerr                           
 Alaska Labor Relations Agency: Doyle, Elliott, Mahurin, Smart                 
 Board of Marine Pilots: Berto                                                 
 Board of Marital and Family Therapy: Christensen                              
 Board of Certified Direct-Entry Midwives: Flint                               
 Board of Nursing: Dean                                                        
 Board of Examiners in Optometry: Christiansen, Porter                         
 State Physical Therapy and Occupational Therapy Board: Tisler                 
 Board of Psychologist and Psychological Associate Examiners:                  
   Lynch, Kappes                                                               
 Board of Certified Real Estate Appraisers: Shideler, Crosson                  
 Alaska Public Utilities Commission: Cook                                      
 Alaska Workers' Compensation Board: Stout, Koivisto, Wilson, Smith,           
   Stemp, Lewis, Vollendorf                                                    
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
 SB 45 - See Labor and Commerce minutes dated 2/2/95 and 2/9/95                
                                                                               
 SB 78 - No previous action                                                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Bert Sharp                                                            
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:  Prime sponsor of SB 78                                  
                                                                               
 Willie Hensley                                                                
 Commissioner-designee                                                         
 Department of Commerce and Economic Development                               
 P.O. Box 110800                                                               
 Juneau, Alaska  99811-0800                                                    
  POSITION STATEMENT:  Available to answer questions                           
                                                                               
  Tom Cashen                                                                   
 Commissioner-designee                                                         
 Department of Labor                                                           
 P.O. Box 21149                                                                
 Juneau, Alaska  99802-1149                                                    
  POSITION STATEMENT:  Available to answer questions                           
                                                                               
  Dennis Lavey                                                                 
 President                                                                     
 Alaska Hotel-Motel Association                                                
 321 E. 5th                                                                    
 Anchorage, AK  99501                                                          
  POSITION STATEMENT:  Supports SB 78                                          
                                                                               
  Bill Dugdale                                                                 
 Westmark Hotel                                                                
 720 W. 5th                                                                    
 Anchorage, AK  99501                                                          
  POSITION STATEMENT:  Supports SB 78                                          
                                                                               
 Mitch Gravo                                                                   
 Alaska Hotel and Motel Association                                            
 170 Botanical Circle                                                          
 Anchorage, AK  99515                                                          
  POSITION STATEMENT:  Answered questions on SB 78                             
                                                                               
  ACTION NARRATIVE                                                             
 Tape 95-5, Side A                                                             
                                                                               
 CHAIRMAN TIM KELLY called the Labor and Commerce Committee to order           
 at 1:45 p.m.  Senators Torgerson, Kelly, and Salo were present.               
 The first order of business was confirmation hearings.                        
 SENATOR KELLY announced Mr. Hensley was present and, at the                   
 direction of the chair, would not be presenting a formal opening              
 statement but would be available to answer questions.  There were             
 no questions for Mr. Hensley.  SENATOR KELLY thanked Mr. Hensley              
 for attending.                                                                
                                                                               
 SENATOR KELLY asked committee members if there were any questions             
 for Tom Cashen, Commissioner designee of the Department of Labor.             
 There being no questions for Mr. Cashen, the committee thanked him            
 for attending.                                                                
                                                                               
 SENATOR KELLY informed committee members there was a list of the              
 other nominees in front of them.  He announced that Tim Cook,                 
 nominee for the Alaska Public Utilities Commission (APUC) was on-             
 line via teleconference and prepared to answer questions.  SENATOR            
 KELLY asked the committee to stand at ease at 1:50 p.m.                       
                                                                               
 At 1:54 p.m., SENATOR KELLY called the meeting back to order and              
 referred to the list of nominees given to committee members by                
 Senate President Pearce.  He read the list of names as follows:               
                                                                               
 Board of Registration for Architects, Engineers, Land                        
   Surveyors:  Maryann Pease and Lance Mearig;                                 
 Athletic Commission:  Kenneth Asplund;                                       
 Board of Barbers and Hairdressers:  Julie Flint;                             
 Board of Chiropractic Examiners:  Patricia Conners,                          
   Virginia Phillips;                                                          
 Board of Clinical Social Work Examiners: James Henkelman,                    
  Colleen Patrick-Riley;                                                       
 Board of Dental Examiners: Lt. Cmdr. Benjamin Selle,                         
   James Singleton;                                                            
 Board of Dispensing Opticians:  Tricia Gadjos, Pamela                        
   Doerr;                                                                      
 Alaska Labor Relations Agency:  Robert Doyle, James                          
   Elliot, Karen Mahurin, Bill Smart;                                          
  Board of Marine Pilots:  Robert Berto;                                       
 Board of Marital Family Therapy: Maureen Christensen;                        
 Board of Certified Direct Entry Midwives: Sidney Flint;                      
 Board of Nursing: Louise Dean;                                               
 Board of Examiners in Optometry: Randall Christiansen,                       
   Marilyn Porter;                                                             
 State Physical Therapy and Occupational Therapy Board:                       
   Bonnie Tisler;                                                              
 Board of Psychologists: Timmy Lynch, Bruno Kappes;                           
 Board of Certified Real Estate Appraisers: Richard                           
   Shideler, Susan Crosson;                                                    
 Alaska Public Utilities Commission:  Tim Cook;                               
 Alaska Workers' Compensation Board: Richard Stout,                           
   Clifford Koivisto, Paula Wilson, Darryl Smith, Mark                         
   Stemp, Russell Lewis, and Patricia Vollendorf.                              
                                                                               
 SENATOR KELLY stated nominees' resumes were in front of committee             
 members.  He asked if there were any questions of nominees.                   
 SENATOR SALO recommended that the Committee not submit the names of           
 the people who have not been recommended by the Governor.  She                
 asked the Committee to recommend only the names submitted by the              
 Governor, rather than playing this "charade game."  SENATOR KELLY             
 stated the individuals were recommended by a Governor, and that the           
 state government did not begin when Tony Knowles took office, nor             
 will it end when he leaves.  SENATOR SALO asked where the                     
 transmittal letter from the other Governor was.  SENATOR KELLY                
 explained the letters are on file with the Secretary of the Senate.           
 SENATOR SALO asked who the letters are from.  SENATOR KELLY replied           
 they are from the Secretary of the Senate.  The names have been               
 duly submitted to the Labor and Commerce Committee for confirmation           
 purposes.                                                                     
                                                                               
 SENATOR MILLER moved that the Labor and Commerce Committee submit             
 the names of nominees with individual recommendations to the Senate           
 Secretary.  SENATOR SALO objected.  SENATORS MILLER, TORGERSON, and           
 KELLY voted in favor, SENATOR SALO was opposed.   SENATOR KELLY               
 stated the names do move forward.                                             
 SL&C - 2/14/95                                                                
                                                                               
              SB 78 ALCOHOL SALES IN HOTEL ROOMS                             
                                                                               
 SENATOR BERT SHARP, prime sponsor of SB 78, gave the following               
 testimony.  Currently the Alcohol Beverage Control (ABC) Board is             
 not permitted to allow alcoholic beverages to be stocked inside               
 hotel or motel rooms.  SB 78 seeks to authorize the ABC Board to              
 allow beverage dispensary license holders the right to allow self-            
 serve liquors inside hotel or motel rooms.  Alcoholic beverages               
 would be stocked in lockable refrigerators and placed in the rooms.           
 Once the hotel or motel staff has determined a registering guest to           
 be at least 21 years of age, a key to the lock unit can be issued,            
 along with the room key.  SB 78 was introduced at the request of              
 the Alaska Hotel and Motel Association and the Alaska Cabaret Hotel           
 Restaurant and Retailers Association.  The 17th Alaska Legislature            
 passed an identical bill (SB 183) which was vetoed by the Governor.           
 He added the committee packet contains a zero fiscal note from the            
 ABC Board, and several letters urging support.  He noted the ABC              
 Board maintains a neutral position on the legislation.                        
                                                                               
 SENATOR KELLY asked if SB 78 is identical to the version of SB 183            
 which was vetoed by the Governor.  SENATOR SHARP replied it is, to            
 the best of his knowledge.  There were no further questions of the            
 sponsor.                                                                      
                                                                               
 Number 170                                                                    
                                                                               
 DENNIS LAVEY, President of the Alaska Hotel-Motel Association,                
 testified in support of SB 78.  He said refreshment centers, or               
 mini-bars, are a way of life in the industry today.  Customers are            
 accustomed to these practices in 39 states and several states offer           
 this practice as a local option.  Most foreign countries also allow           
 the use of mini-bars.  People often prefer to stay inside of their            
 hotel rooms in an unfamiliar city and to use room service.  Seventy           
 percent of the sales from the mini-bars are nonalcohol, however the           
 sale of alcohol has a higher profit margin.                                   
                                                                               
 BILL DUGDALE, General Manager of the Westmark Anchorage Hotel and             
 Vice President of the Alaska Hotel-Motel Association, endorsed SB
 78.  He felt the bill would allow hotels and motels to provide a              
 service expected by the travelling public.                                    
                                                                               
 SENATOR KELLY asked Mitch Gravo if a business would already have to           
 have a liquor license to participate in this practice.  He replied            
 affirmatively.                                                                
                                                                               
 SENATOR TORGERSON moved SB 78 out of committee with individual                
 recommendations.  SENATOR SALO objected.  SENATORS MILLER,                    
 TORGERSON and KELLY voted in favor of the motion, SENATOR SALO                
 voted against.                                                                
                                                                               
 SJUD - 2/14/95                                                                
                                                                               
           SB 45 DAMAGES & ATTY FEES FOR UNPAID WAGES                         
                                                                              
 SENATOR KELLY brought up SB 45 before the committee and noted the             
 bill needs further legal work.  He stated he does not support the             
 bill in its existing form and felt the legislation would better be            
 served by a Judiciary Committee review.   SENATOR MILLER moved SB
 45 out of committee with individual recommendations.  There being             
 no objections, the motion passed.                                             
                                                                               
 SENATOR KELLY adjourned the meeting at 2:05 p.m.                              
                                                                               
                                                                               

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