HB 299-EXTEND: ALCOHOLIC BEVERAGE CONTROL BOARD  3:19:20 PM CHAIR KITO announced that the first order of business would be HOUSE BILL NO. 299, "An Act extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date." 3:19:57 PM LAURA STIDOLPH, Staff, Representative Adam Wool, Alaska State Legislature, introduced HB 299 on behalf of Representative Wool, prime sponsor. She gave a brief overview of the proposed bill. She stated HB 301 would extend the Alcohol Beverage Control (ABC) Board to June 30, 2022. 3:21:02 PM CHAIR KITO opened public testimony on HB 299. Upon ascertaining that no one was available to testify, closed public testimony. 3:21:39 PM REPRESENTATIVE WOOL moved to adopt Amendment 1, labeled 30- LS1281\A.2, Bruce, 2/8/18, which read as follows: Page 1, line 1, following "Act": Insert "relating to the authority of the director  of the Alcoholic Beverage Control Board;" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 04.06.075 is amended by adding a new subsection to read: (b) The director is not a member of the board and may not vote on a matter before the board." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill section accordingly. Page 1, following line 6: Insert a new bill section to read:  "* Sec. 3. 3 AAC 304.025(c) is annulled." Renumber the following bill section accordingly. Page 1, line 7: Delete "This" Insert "Section 2 of this" CHAIR KITO objected for purposes of discussion. 3:21:48 PM REPRESENTATIVE WOOL began to explain Amendment 1 when an at-ease was called. 3:21:55 PM The committee took an at-ease from 3:21 p.m. to 3:29 p.m. 3:29:50 PM CHAIR KITO brought the committee back to order and noted that Representative Wool moved to adopt Amendment 1, and he had objected. REPRESENTATIVE WOOL explained that Amendment 1 puts into statute that the director is not a voting member of the board. He noted that it was previously in statute, it was rescinded but it stayed on as a regulation. He speculated that it may have been an omission and was not removed when the statute was rescinded. 3:30:54 PM REPRESENTATIVE JOSEPHSON asked about the specifics of the director's casting vote. ERIKA McCONNELL, Director, Alcohol and Marijuana Control Office (AMCO), answered questions in the hearing on HB 299. She said that she had never used the vote to break a tie. She stated the vote had been removed from statute but had remained in regulation. She said the board contains five members meaning that if one member is not present, there could be a tie. She added that should the vote be removed, the issue to be voted on could be brought before the board at a later date or fail as a tie. 3:32:37 PM REPRESENTATIVE JOSEPHSON said it seemed that the removal of the voting power would not jeopardize her position. MS. McCONNELL said the board had authorized her to use her vote at the recent meeting, but it had not come to pass. 3:33:04 PM CHAIR KITO removed his objection. There being no other objections, Amendment 1 was adopted. 3:33:43 PM REPRESENTATIVE WOOL stated that concerns regarding the Open Meetings Act had been brought to his attention. He added he had been present at a meeting and had observed an unnoticed executive session. He asked whether Ms. McConnell thought that was good practice. MS. McCONNELL answered the board takes legal counsel from an assistant attorney general. She shared her understanding that when the board is taking advice from their lawyer, the board is not required to meet in accordance with the Open Meetings Act. She specified that the board did not take board action or deliberate during those meetings, only take legal advice. She added it did happen at the most recent meeting in Juneau, Alaska. REPRESENTATIVE WOOL said in the meeting he attended the board did not appear to have counsel on hand. He suggested there be an announcement that the board was going to confer with counsel in executive session. MS. McCONNELL clarified the meeting with counsel is not in executive session. She added that executive sessions do have to be notified. She spoke to the meeting in question and explained that the meeting had been delayed and the board had met with their lawyer in that time. 3:36:46 PM REPRESENTATIVE STUTES asked whether there was a violation of the Open Meetings Act. MS. McCONNELL restated her understanding that there was no violation as the meeting had not yet begun, according to the board's lawyer. REPRESENTATIVE STUTES said she thought if the meeting had a quorum and executive session was not announced, there would be a violation of the Open Meeting Act. MS. McCONNELL said she would be happy to get more information together, but the meeting had not yet begun at the time. REPRESENTATIVE STUTES stated that even if the board were out to dinner, the Open Meeting Act would still apply. 3:38:24 PM CHAIR KITO said he thought that applied to municipal officials and would apply differently to the state. 3:38:42 PM REPRESENTATIVE JOSEPHSON asked whether there was a title change with the amendment. CHAIR KITO said there was a title change. He said he did not know whether a resolution was needed given that the title change was in the same body. REPRESENTATIVE SULLIVAN-LEONARD suggested the information about the title change would be in the memorandum from Legislative Legal and Research Services. MS. STIDOLPH said Legislative Legal and Research Services did not advise and there was not a memorandum on the title change. 3:40:10 PM REPRESENTATIVE KNOPP asked about the semi-colon in the amendment language. REPRESENTATIVE JOSEPHSON said it did look like the amendment included the title change. 3:41:18 PM REPRESENTATIVE WOOL moved to report HB 299 as amended out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 299 was reported out of the House Labor and Commerce Standing Committee.