Legislature(2005 - 2006)HOUSE FINANCE 519
03/14/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB365 | |
| HB366 | |
| HB409 | |
| HB190 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 365 | TELECONFERENCED | |
| *+ | HB 366 | TELECONFERENCED | |
| + | HB 190 | TELECONFERENCED | |
| + | HB 409 | TELECONFERENCED | |
| + | HB 471 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 190
"An Act relating to certain licenses for the sale,
distribution, or manufacture of tobacco products;
relating to tobacco taxes and sales and cigarette tax
stamps; relating to provisions making certain
cigarettes contraband and subject to seizure and
forfeiture; relating to certain crimes, penalties, and
interest concerning tobacco taxes and sales; relating
to notification regarding a cigarette manufacturer's
noncompliance with the tobacco product Master
Settlement Agreement or related statutory provisions
and to confiscation of the affected cigarettes; and
providing for an effective date."
Representative Foster MOVED to ADOPT the work draft for HB
190, labeled 24-LS0617\S, Luckhaupt, 3/10/06. There being
NO OBJECTION, it was so ordered.
2:42:39 PM
REPRESENTATIVE HARRY CRAWFORD, sponsor, spoke strongly in
support of HB 190 because of its potential to save so many
lives. He shared a personal story about a car accident
involving his wife and a repeat offender drunk driver. He
emphasized that this bill focuses on prevention, rather than
punishment. As a matter of routine, a judge will issue an
order for the defendant not to buy or consume alcohol, or
enter a licensed establishment. Many offenders immediately
purchase alcohol upon their release. He related that he has
borrowed language from other previous bills to draft this
bill, which would provide for a physical display on state
issued ID's if a person has been prohibited from purchasing
alcohol by a court. It also allows for a civil penalty,
paid to the licensee if a person restricted from purchasing
alcohol is on their premises.
Representative Crawford acknowledged that "change" is always
difficult. There are many amendments that were incorporated
into the committee substitute.
2:48:22 PM
Representative Crawford provided a sectional analysis of HB
190 (copy on file.)
Section 1 amends AS 04.16 by adding a new section that
provides that a person who purchases alcohol may not enter
or remain on licensed premises, provides a civil remedy for
licensees against persons who violate this section.
Section 2 amends AS 04.16 by adding a new section that the
purchasing of alcoholic beverages by a person of legal age
is a privilege that can be revoked for the conviction of a
crime or as a condition of probation or parole.
Section 3 provides a conforming amendment to Section 2.
Section 4 amends AS 28.15.111(a) by requiring that drivers'
licenses must be designed to allow the license to be
electronically read so as to display whether a person has
privilege to purchase alcoholic beverages under AS
04.16.160.
New Section 5 requires DMV to cancel and re-issue a marked
license if an individual's privilege to purchase alcohol has
been revoked under Section 2 of HB 190.
New Section 6 requires the surrender of a license when an
individual has been ordered not to consume alcohol and
establishes the obligation of the court and the Department
of Corrections to notify DMV when an order is issued.
New Section 7 permits DMV to establish a fee for issuing the
marked licenses established by HB 190.
Representative Crawford offered to answer questions of the
committee.
2:51:57 PM
DUANE BANNOCK, DIRECTOR, DIVISION OF MOTOR VEHICLES,
DEPARTMENT OF ADMINISTRATION, noted appreciation for the
work done on this legislation. He said DMV recognizes the
trouble that drunk driving has caused Alaskans. He reminded
members about previous legislation addressing deaths and
accidents involving younger drivers.
He apologized to the committee for the submission of an
indeterminate fiscal note. The DMV has not been able to get
a grip on the number of persons that would be affected by
passage of the legislation. The Division does not know how
much it will cost to develop an accurate real time exchange
between the Court System and the Department of Corrections.
There is no direct link between the Department of
Corrections and DMV. He stressed the worthwhile goal of the
legislation.
2:56:07 PM
Mr. Bannock questioned the tie-in between the bill and
drinking while driving. He asked how the tragic story could
change for drinking while driving as a result of the passage
of this bill.
Co-Chair Meyer asked how the courts and other departments
could link up to see that the driver's licenses are marked.
Mr. Bannock replied that court-ordered revocations are
usually sent by mail. The systems are not intra-agency
connected. In the future, the agencies would like to have
that type of system for intra-agency communication. The
state is millions of dollars away from such a system.
2:59:05 PM
Co-Chair Meyer posed a hypothetical situation involving the
transfer of information. Mr. Bannock acknowledged that his
example was correct, and added that there remains an open
end in the circuit concerning the vendor selling the
alcohol.
Representative Kerttula assumed that the court system could
relay that information by email. Mr. Bannock replied that
under the bill, Section 6, addresses that. He agreed that
email would be the most efficient way at this time, but is
not the cure-all of the overall purpose of the bill.
3:01:34 PM
Representative Crawford stated that even he is capable of
emailing. He said he believes that Mr. Bannock's assessment
that this would cost millions of dollars was creating a
"road-block". He disagreed with Mr. Bannock's opinion.
There are financial incentives associated with the
legislation. He emphasized that the state must do something
to interrupt the current situation.
3:03:57 PM
Co-Chair Meyer asked about the constitutionality of labeling
the ID of a person for drinking concerns.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
replied that it could raise constitutional issues. She
thought there would be ways to get information without
carrying a "scarlet letter" for that person.
Co-Chair Meyer suggested it could impact DMV. Ms. Carpeneti
thought that there may have to be a bar code reader
involved.
Co-Chair Meyer commented on the financial incentive to check
the identification. Ms. Carpeneti responded that the
current drafting would not allow for buying or drinking
alcohol on the premise.
Representative Stoltze asked if the consequences would apply
only to those that who commit an offense after the passage
of the bill. Ms. Carpeneti suggested adding an
applicability section to the bill to clarify that.
Representative Stoltze voiced concern with the registration
of sex offenders previous to the passage of the sex offender
bill. If that logic was followed in this legislation, there
could be problems. Ms. Carpeneti advised that generally
criminal statutes apply into the future, not the past.
Representative Stoltze commented that there would be no
"looking back" at offenses. Ms. Carpeneti discussed how the
application works post facto and said it could be applied as
a condition of parole.
3:10:43 PM
Co-Chair Meyer noted that when a person does buy alcohol,
any ID is ok to use. Ms. Carpeneti agreed. Representative
Crawford pointed out that the bill addresses both the ID and
driver's license. Ms. Carpeneti added that it does not
mention a passport.
Representative Stoltze suggesting looking a list of all
possible ID's. Ms. Carpeneti said a person could get around
it by using another form of ID.
Co-Chair Meyer implied that a habitual offender would try to
get around the law.
3:12:58 PM
Representative Crawford noted that the bill is not perfect.
He said he did not want to prohibit a person with an out-of-
state license or an ID from another country from buying
alcohol. The bill is just trying to prohibit habitual
offenders in Alaska; it is not trying to be all-inclusive.
Co-Chair Meyer expressed a concern about loopholes. He
asked if there is a way to educate owners of liquor
establishments.
DOUG GRIFFIN, DIRECTOR, ALCOHOL BEVERAGE CONTROL (ABC)
BOARD, responded that Co-Chair Meyer is correct in saying
that any kind of government issued ID, which would include a
passport, military ID, or a driver's license from other
states or territories could be used.
Co-Chair Meyer asked for comments on the bill. Mr. Griffin
said the removal of the requirement that everyone purchasing
alcoholic beverages must show identification, removes the
direct interest the ABC Board would have in this matter. He
spoke of his board's concern about the abuse of alcohol.
Co-Chair Meyer noted previous bills regarding this subject.
He spoke of the success of those bills. He asked Mr.
Griffin if businesses have taken advantage of civil lawsuits
to sue persons who use a fake ID. Mr. Griffin said he does
not know if they are taking the "civil action" step. He
noted most come from Brown Jug and Chilkoot Charlie's.
3:18:36 PM
Representative Kerttula pointed out that in Juneau when Co-
Chair Meyer's bill on underage drinking passed, a lot of
education related information went out. The programs were
successful in rural areas due to this education.
Mr. Griffin responded that there are differences between
underage drinking and HB 190, which deals with the alcohol
abuser. He agreed that we must take a multifaceted
approach.
3:21:20 PM
Co-Chair Chenault MOVED to ADOPT Amendment #1:
Page 3, line 27
Following "license," delete "the person must obtain a
new license that lists" and insert "when the person
obtains a new license, the license must list"
Page 4, line 2
Delete "the person must obtain a new license that
lists" and insert "when the person obtains a new
license, the license must list"
Representative Stoltze OBJECTED for discussion purposes.
Representative Crawford addressed the amendment. He stated
that the language change was requested by DMV.
Co-Chair Chenault asked for Mr. Duane Bannock's opinion.
Duane Bannock stated that DMV concurs with the amendment.
He summarized that when a person applies for a new license,
then the new license must be marked.
Representative Joule asked how the mark would be removed
when the penalty ends. Representative Crawford replied that
the day the penalty ends, a new license could be obtained.
Representative Crawford shared that in Minnesota, a person's
car license plate is marked and that is not
unconstitutional. Co-Chair Meyer responded that he has no
problem with that. He stated a concern about discrimination
when trying to rent a car. Representative Crawford thought
it would be up to the car rental company's discretion. He
said he does not want to address that situation in this
bill.
Representative Stoltze REMOVED his OBJECTION to adopting
Amendment #1. There being NO OBJECTION, Amendment #1 was
adopted.
3:28:00 PM
Co-Chair Meyer stated his intent to hold the bill due to the
indeterminate fiscal note, and because he does not believe
that the bill targets the intended person.
Representative Crawford replied that the cost would be born
by the offenders, not the state. The fiscal note must be
indeterminate because the numbers of offenders are not
known. He emphasized that it would not be a direct cost to
the state. He addressed targeting the offender. He
explained his intent to give tools to the people who are
willing to help "end this carnage". He admitted that it is
not a perfect bill, but he strongly asked for passage of the
bill.
Co-Chair Meyer suggested talking to Brown Jug about this
bill. He said he is not sure licensed premises would agree
to take this step. Representative Crawford reported that in
his discussions with licensed establishments, he found
offers of support.
Representative Stoltze suggested finding a way to make
offenders pay the cost.
3:33:05 PM
Co-Chair Meyer said that a bar coding system could be used.
Representative Crawford disagreed with that concept. He
said he prefers a marking system.
CSHB 190 (FIN) was heard and HELD in Committee for further
consideration.
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