04/15/2012 09:00 AM Senate FINANCE

CS FOR HOUSE BILL NO. 125(L&C)(efd am)                                                                                        
                                                                                                                                
     "An Act moving the  Alcoholic Beverage Control Board to                                                                    
     the  Department of  Commerce,  Community, and  Economic                                                                    
     Development and relating to  duties of that department;                                                                    
     relating  to  the  exercise  of  peace  officer  powers                                                                    
     granted by  the Alcoholic  Beverage Control  Board; and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:46:46 AM                                                                                                                    
                                                                                                                                
JULI LUCKY,  STAFF, REPRESENTATIVE MIKE HAWKER,  stated that                                                                    
the legislation  would move  the Alcoholic  Beverage Control                                                                    
Board (ABC)  from DOT/PF to  DCCED. She stated that  the ABC                                                                    
Board took on  the character of an umbrella  agency. The ABC                                                                    
Board felt  that they were treated  more toward enforcement,                                                                    
rather   than  a   collaborative   relationship  to   ensure                                                                    
compliance with  a licensure.  The goal  was to  balance the                                                                    
rigorous enforcement  of the  statutes with  a collaborative                                                                    
effort to  achieve licensure compliance, and  there would be                                                                    
no change to the enforcement process.                                                                                           
                                                                                                                                
Co-Chair  Hoffman  MOVED  to ADOPT  Amendment  for  HB  125,                                                                    
B.A.1.                                                                                                                          
                                                                                                                                
Co-Chair Stedman OBJECTED for the purpose of discussion.                                                                        
                                                                                                                                
Ms. Lucky  explained that  there was  an amendment  from the                                                                    
House of  Representatives, regarding whether or  not the ABC                                                                    
Board or its  employees could ask private  club's members to                                                                    
provide a key card. The  amendment that was adopted was that                                                                    
the ABC  Board could  not require a  private club  member to                                                                    
hold  an  access device.  The  way  that the  amendment  was                                                                    
written seemed to  prohibit keys to get into a  door, so the                                                                    
proposed  amendment was  more of  a  technical amendment  to                                                                    
ensure the previously adopted amendment  work the way it was                                                                    
intended.                                                                                                                       
                                                                                                                                
Co-Chair  Stedman  REMOVED  his OBJECTION.  There  being  NO                                                                    
FURTHER OBJECTION, Amendment B.A.1 was ADOPTED.                                                                                 
                                                                                                                                
Co-Chair Stedman discussed the  fiscal notes in the members'                                                                    
packets.                                                                                                                        
                                                                                                                                
9:50:00 AM                                                                                                                    
                                                                                                                                
MATT  FELIX,  ALASKA   ADDICTION  PROFESSIONAL  ASSOCIATION,                                                                    
testified against  the legislation  and stated that  the ABC                                                                    
Board  was recently  moved  to  the DPS  at  a request  from                                                                    
former  Representative Lisa  Murkowski. He  felt that  there                                                                    
needed to be decent enforcement  of alcohol, and stated that                                                                    
the move would "dumb down" the ABC Board.                                                                                       
                                                                                                                                
9:51:38 AM                                                                                                                    
                                                                                                                                
JAN  WRENTMORE,  OWNER,  RED   ONION  SALOON,  testified  in                                                                    
support of the bill.                                                                                                            
                                                                                                                                
9:52:02 AM                                                                                                                    
                                                                                                                                
BOB  COGHILL, SELF,  testified against  the bill  and shared                                                                    
that the  ABC board would  be more effective  working within                                                                    
DPS.                                                                                                                            
                                                                                                                                
9:53:12 AM                                                                                                                    
                                                                                                                                
ELLEN  GANLEY,  PUBLIC  MEMBER, ABC  BOARD,  FAIRBANKS  (via                                                                    
teleconference), testified against the  bill and stated that                                                                    
the role of the ABC Board was enforcement.                                                                                      
                                                                                                                                
9:53:51 AM                                                                                                                    
                                                                                                                                
KATE  BURKHART,   EXECUTIVE  DIRECTOR,  ADVISORY   BOARD  ON                                                                    
ALCOHOLISM  AND DRUG  ABUSE (via  teleconference), expressed                                                                    
the  board's strong  opposition to  legislation and  related                                                                    
that the bill was bad policy.                                                                                                   
                                                                                                                                
9:54:36 AM                                                                                                                    
                                                                                                                                
CHRYSTAL  SCHOENROCK,  SELF, NIKISKI  (via  teleconference),                                                                    
testified in  support the bill  and felt that the  DCCED was                                                                    
better equipped to deal with licensing issues.                                                                                  
                                                                                                                                
9:55:27 AM                                                                                                                    
                                                                                                                                
JEFF JESSEE,  CHIEF EXECUTIVE OFFICER, ALASKA  MENTAL HEALTH                                                                    
TRUST AUTHORITY,  ANCHORAGE (via  teleconference), expressed                                                                    
strong  opposition to  the  bill. He  related  that the  ABC                                                                    
Board should be housed in the DPS.                                                                                              
                                                                                                                                
9:57:21 AM                                                                                                                    
                                                                                                                                
ELAINE VROMAN,  MEETING THE CHALLENGE,  ANCHORAGE, testified                                                                    
in opposition to the bill.                                                                                                      
                                                                                                                                
Senator Ellis expressed that he  would have preferred a more                                                                    
robust  committee  effort  on  the  bill,  and  more  public                                                                    
hearing of the pros and cons of the bill.                                                                                       
                                                                                                                                
Co-Chair Hoffman  MOVED to report  SCS CSHB 125(FIN)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
SCS CSHB 125(FIN)  was REPORTED out of committee  with a "do                                                                    
pass" recommendation  and with  a previously  published zero                                                                    
fiscal note:  FN4(DCCED) and  a previously  published fiscal                                                                    
impact note: FN5(DCCED).                                                                                                        
                                                                                                                                
9:58:49 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
11:51:11 PM