04/09/2010 09:00 AM Senate FINANCE

CS FOR HOUSE BILL NO. 98(FIN) am                                                                                              
                                                                                                                                
     "An Act  relating to minor  consuming and  repeat minor                                                                    
     consuming;  relating  to  penalties for  violations  of                                                                    
     limitations    on   possessing,    sending,   shipping,                                                                    
     transporting,  or  bringing   alcoholic  beverages  to,                                                                    
     soliciting   or  receiving   orders  for   delivery  of                                                                    
     alcoholic  beverages  to,  and the  manufacture,  sale,                                                                    
     offer  for  sale,  barter, traffic,  or  possession  of                                                                    
     alcoholic  beverages  in,  a  local  option  area;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:31:31 AM                                                                                                                    
                                                                                                                                
Co-Chair   Hoffman  Moved   to   ADOPT  proposed   committee                                                                    
substitute, work draft #26-LSOO51\E, Luckhaupt, 4/7/10.                                                                         
                                                                                                                                
DAVID  GREY, STAFF,  CO-CHAIR  HOFFMAN,  discussed the  work                                                                    
draft. He noted  that the language changes in  the bill were                                                                    
stimulated by the City of  Bethel on February 9, 2010 urging                                                                    
the legislators  to support changes  of the legal  limit for                                                                    
possession or transportation  of beer up to  16 gallons. The                                                                    
amount of 16 gallons was desired  because a half keg of beer                                                                    
equals 15  1/2 gallons. He  noted that Bethel has  voted and                                                                    
opted  out of  the  local option  status.  In effect,  there                                                                    
exists    no   control    regarding   the    possession   or                                                                    
transportation of beer. He explained  that Betel will take a                                                                    
vote on May  4, 2010 with the option of  local option status                                                                    
that is  favorable to  the citizens. The  limits of  wine or                                                                    
beer retain the allowable 12  gallons in current statute for                                                                    
all other containers of  beer. The administration recommends                                                                    
that the  limits are to allow  for the half keg  of beer. He                                                                    
mentioned Section  eight and the  definition to  support the                                                                    
changes made.                                                                                                                   
                                                                                                                                
Co-Chair Stedman Removed his OBJECTION.                                                                                         
                                                                                                                                
JANE  PIERSON, STAFF,  REPRESENTATIVE JAY  RAMRAS, commented                                                                    
on  the legislation.  She  noted that  the  bill corrects  a                                                                    
problem from  the 25th legislature  for HB 359, which  was a                                                                    
bill  allowing  juveniles  to   avoid  probation  for  minor                                                                    
consuming   therefore  allowing   them  to   enter  military                                                                    
service.  The legislation  allows  for previous  convictions                                                                    
and includes  a bootlegging provision  combining bootlegging                                                                    
penalties with Driving Under the  Influence (DUI) of alcohol                                                                    
penalties.                                                                                                                      
                                                                                                                                
Co-Chair  Stedman pointed  out four  zero fiscal  notes from                                                                    
the Department  of Corrections, the  Department of  Law, the                                                                    
Department of  Public Safety, and  the Alaska  Court System.                                                                    
He  noted that  the  committee will  request updated  fiscal                                                                    
notes to reflect the changes made in the CS.                                                                                    
                                                                                                                                
Co-Chair  Hoffman  MOVED to  report  SCS  CS  HB 98  out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CS HB  98 was  REPORTED out  of Committee  with a  "do pass"                                                                    
recommendation and  with one new  zero fiscal note  from the                                                                    
Department of Corrections and one  zero fiscal note from the                                                                    
Alaska  Court  System  and  two  previously  published  zero                                                                    
notes: FN5 (LAW), FN6 (DPS).