Legislature(2005 - 2006)HOUSE FINANCE 519
03/24/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB266 | |
| SB172 | |
| HB190 | |
| HB377 | |
| HB278 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 190 | TELECONFERENCED | |
| += | HB 266 | TELECONFERENCED | |
| += | HB 377 | TELECONFERENCED | |
| += | SB 172 | TELECONFERENCED | |
| += | HB 278 | TELECONFERENCED | |
HOUSE BILL NO. 190
An Act relating to the purchase of alcoholic beverages
and to requiring identification to buy alcoholic
beverages; requiring driver's licenses and
identification cards to be marked if a person is
restricted from consuming alcoholic beverages as a
result of a conviction or condition of probation or
parole.
Vice Chair Stoltze MOVED to ADOPT work draft #24-LS0617\P,
Luckhaupt, 3/21/06, as the version of the bill before the
Committee. There being NO OBJECTION, it was adopted.
2:23:43 PM
REPRESENTATIVE HARRY CRAWFORD, SPONSOR, deferred comments to
his staff, Ms. Beaty.
HEATHER BEATY, STAFF, REPRESENTATIVE HARRY CRAWFORD,
highlighted the changes made from version "X" to version "P"
- before the Committee.
· Page 2, Lines 9 & 10, references were added to AS
28.35.030 and 28.35.032, which clarifies that the
intent of the bill, only persons convicted under
Alaska's drunken driving and refusal to submit to
breathalyzer, would receive a marked license or State
ID.
· Page 3, Line 3, adds that the description of the mark
on the license reflect, "not to enter or consume". The
idea was that could help the Division of Motor Vehicles
understand what is needed on the actual license. It
would also provide better understanding to the business
selling alcohol and what they should be looking for.
· Page 3, Lines 28 & 29, & Page 4, Lines 3 & 4,
incorporates Amendment #1 adopted by the Finance
Committee at the last hearing, and clarifies that the
license must reflect the mark and other information
that the bill might require.
2:26:28 PM
Co-Chair Meyer was encouraged by the support from the Brown
Jug, wholesaler.
Representative Kelly asked about the mark on the license and
the six-year time limit. Representative Crawford explained
that the person would have to surrender their license at the
time stopped by the police. The new license would have a
mark for a prescribed amount of time.
2:27:31 PM
Vice Chair Stoltze asked the intent of Section 1.
Representative Crawford replied that the responsibility
would be voluntary and it would only restrict the purpose
for buying alcohol; it would not restrict them from entering
a premise.
2:29:12 PM
Co-Chair Meyer MOVED to ADOPT Amendment #2, #24-LS0617\P.2,
Mischel, 3/23/06. Representative Hawker OBJECTED for
discussion purposes.
SUZANNE CUNNINGHAM, STAFF, REPRESENTATIVE KEVIN MEYER,
explained that Amendment #2 was drawn from concerns
regarding a restriction that a person might have in entering
an establishment that serves alcohol. The amendment would
delete "NEOC" on Page 3, Line 3 and would insert "ROC",
which is an abbreviation for "restriction on consumption".
Vice Chair Stoltze commented it would still allow the person
to go to a club but not be served.
Representative Hawker WITHDREW his OBJECTION. There being
NO further OBJECTION, Amendment #2 was adopted.
2:31:10 PM
Co-Chair Meyer MOVED to ADOPT Amendment #3, #24-LS0617\P.1,
Mischel, 3/24/06. Representative Hawker OBJECTED for
discussion purposes.
Ms. Cunningham explained Amendment #3, addresses
identification (I.D.) cards. She was concerned that if a
person was restricted from consumption, the card should
contain a mark during the person's probation or duration of
parole. The amendment only applies to driving under the
influence of alcohol or controlled substances and refusal to
submit to a Breathalyzer or chemical test. Drivers license
is usually the first thing taken at that time. To meet the
intent of the bill, the license should contain a restriction
on consumption during the period of probation and/or parole.
The amendment would help tighten up those concerns by
indicating the restriction.
Representative Crawford was okay with the amendment.
Representative Hawker WITHDREW his OBJECTION. There being
NO further OBJECTION, Amendment #3 was adopted.
2:33:45 PM
Co-Chair Meyer MOVED to ADOPT conceptual Amendment #4 to
Page 3, Line 31, deleting "Department of Corrections" and
inserting "Alaska Parole Board". Representative Hawker
OBJECTED for discussion purposes.
Ms. Cunningham explained that Amendment #4 provides
clarification submitted by the Department of Corrections.
Representative Crawford stated that he supports Amendment
#4.
Representative Hawker inquired if it would be appropriate to
indicate the Alaska Parole Board or the Department of
Corrections. Ms. Cunningham responded that the conceptual
amendment would remain with that intent depending on how the
duties were divided between the two.
Ms. Beaty advised that language came directly from the
Department of Corrections and the instructions were to
replace the language.
2:36:23 PM
Representative Hawker WITHDREW his OBJECTION. There being
NO further OBJECTION, conceptual Amendment #3 was adopted.
Co-Chair Meyer MOVED to ADOPT Amendment #5. Representative
Hawker OBJECTED for the purposes of discussion.
Ms. Cunningham explained that Amendment #5 would accomplish
the needed changes to address technical and drafting
concerns and would clarify the condition of parole for the
conviction of those crimes.
Representative Hawker WITHDREW his OBJECTION. There being
NO further OBJECTION, Amendment #5 was adopted.
2:37:52 PM
Co-Chair Meyer pointed out that the largest wholesaler in
the State of Alaska supports the bill. He applauded that
costs had been reduced.
Representative Kelly asked if there would be any liability
to a vendor if they had not checked the ID and then
something 'bad' occurred. Representative Crawford stated it
was not the intent of the legislation to place liability on
a vendor. The responsibility rests on the offender.
Representative Hawker applauded the amount of work done on
the bill, but maintained his reservations on the kind of
policy being proposed.
2:41:46 PM
Representative Crawford acknowledged that there had been
much deliberation on that concern and that the mark would
remain during the time the person was on orders from the
Court. He stated the merits keeping people with a drinking
problem during the specified time of their probation. He
stressed the number of people harmed and/or killed and the
amount of expense to the State.
Representative Hawker worried about protection issues and
thought the legislation would predominately be enforced on
young people; seniors are rarely carded. Representative
Crawford acknowledged that not every establishment would
check ID's.
2:46:20 PM
Representative Foster MOVED to REPORT CS HB 190 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes.
CS HB 190 (FIN) was reported out of Committee with a "no
recommendation" and with zero note #2 by the Department of
Administration and indeterminate note #3 by the Department
of Administration.
2:47:04 PM
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