Legislature(2017 - 2018)BARNES 124
02/14/2018 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB299 | |
| HB301 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 277 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 299 | TELECONFERENCED | |
| += | HB 301 | TELECONFERENCED | |
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that it was previously in statute, it was rescinded but it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.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB299 Support Letters 2.1.18.pdf |
HL&C 2/14/2018 3:15:00 PM |
HB 299 |
| HB299 Wool Amendment A.2 2.8.18.pdf |
HL&C 2/14/2018 3:15:00 PM |
HB 299 |
| HB301 version M.pdf |
HL&C 2/14/2018 3:15:00 PM |
HB 301 |
| HB301 Support Letters 2.12.18.pdf |
HL&C 2/14/2018 3:15:00 PM |
HB 301 |
| HB301 ver M Sectional Analysis 2.12.18.pdf |
HL&C 2/14/2018 3:15:00 PM |
HB 301 |