Legislature(2015 - 2016)GRUENBERG 120
04/14/2016 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB165 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 165 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 165-ALCOHOL: BOARD; MINORS; MARIJUANA CHECKS
2:35:55 PM
CHAIR LEDOUX announced that the only order of business would be
CS FOR SENATE BILL NO. 165(JUD) am, "An Act relating to the
presence of minors in the licensed premises of manufacturers,
wholesalers, and retailers of alcoholic beverages; relating to
the Alcoholic Beverage Control Board; relating to background
checks for persons applying to operate marijuana establishments;
relating to the offense of minor consuming; relating to
revocation of a driver's license for a minor consuming offense;
relating to the effect of the revocation of a driver's license
for a minor consuming offense on a motor vehicle liability
insurance policy; and amending Rule 17, Alaska Rules of Minor
Offense Procedure."
2:36:06 PM
CHUCK KOPP, Staff, Senator Peter Micciche, Alaska State
Legislature, explained that this bill brings balance to the
Alcoholic Beverage Control Board (ABC Board) by decriminalizing
youth possession and consumption offenses by keeping these
offenses off of CourtView, if they are not joined with any other
criminal offense. It puts proper accountability measures in
place by opening up new horizons and opportunities for those
youth under 21 years of age who make a mistake consuming or
possessing alcohol. He offered that this is a product of an
ongoing multi-year review, which began in 2012, with
stakeholders from public safety, public health, law, and the
industry coming together to address Title 4, Alaska alcohol laws
that haven't been updated since 1980. Today, there are
breweries, craft brew beers, brewery to table, and tastings that
were not conceived of when first drafting Alaska's laws and in
many ways the laws are outdated for the practice of the industry
today. Currently, Alaska has over 8,000 hours of stakeholder
work into this group, and the group is continuing to review how
Alaska's laws relate to the licensees, the role of the board,
underage drinking, and internet sales, of which the sponsor
plans to bring forward in a secondary bill next year.
Currently, he advised, the board has three public members, one
represents rural Alaska, with two industry members, and the key
features of this bill is the five member ABC Board structure.
Under the proposition of this bill it continues to retain two
industry members, one public safety seat, one rural public
member, and one general public member. He related that this
composition has the support of the diverse stakeholder group
which includes, the Alaska Cabaret, Hotel, Restaurant and
Retailers Association (Alaska CHARR), and the voice of the
alcohol industry. The bill sponsor became involved to address
the under 21 alcohol status offense penalties that burden a
youth's future ability to possess a driver's license, gain
employment, join the military, or obtain employment. He pointed
out that having an alcohol offense on their record, because they
were 20 years of age, can often stop the above consequences dead
in their tracks, and the science and data show that minors do
worse under this current program, not better.
2:38:55 PM
MR. KOPP put forth that the stakeholders of the group, which
includes public safety and prosecutors, identified the value of
rehabilitation over punishment for young people who are still
developing values and forming their behavioral patterns, and the
need to support success rather than contribute to barriers that
promote failure. He explained it restores the under age 21
alcohol status offenses to true violations of law and removes
them as criminal penalties. It establishes a fine of $500 that
may be reduced by the court to $50 if, not less than six month
after conviction the person provides proof of completion of an
alcohol safety action program or a community diversion panel.
The proof of completion includes youth courts and tribal circles
which often are more culturally relevant and provide far more
successful outcomes. It provides that these simple minor
consuming violations will stay off of CourtView, which has
caused many youth to be denied employment opportunities, and it
clarifies that youth are allowed to play and work on golf
courses that serve alcohol as long as certain criteria is met,
depending on the age of the minor. He explained that this bill
requires background checks on marijuana establishment licensee,
the same as is now required of alcohol licensees. He pointed
out that the sponsor is appreciative of Alaska CHARR, Alaska
Mental Health Trust Authority, Children's Trust, Wellness
Coalition, Mat-Su Health Foundation, Providence Hospital, Seward
Prevention Council, Recover Alaska, and the Rasmuson Foundation
for supporting this work over the past three years. He noted
that the minor consuming law revisions are supported by the
Alaska Peace Officers Association.
2:41:12 PM
MR. KOPP then began his sectional summary, and explained that
Section 1, [AS 04.06.020(a)] is current law establishing five
members appointed by the governor, and confirmed by a majority
of the members in joint session of the legislature. He then
explained that page 2 shows the new structure of the board with
two industry members, one rural public member, one regular
public member, and one public safety member. It further
identifies definitions, such as, how to identify immediate
family members, what is public health sector, what is public
safety sector, gives definitions for rural areas, and sets a
population limit.
2:42:01 PM
CHAIR LEDOUX asked how the composition of the Alcoholic Beverage
Control Board (ABC Board) under this bill, differs from the
previous composition of the ABC Board.
MR. KOPP explained that, previously, there were three public
members with one member representing rural Alaska, and two
industry members. Under this bill there are two industry
members, one rural public member, one general public member, and
one public safety member which, he pointed out, adds a public
safety designated seat.
2:42:44 PM
REPRESENTATIVE FOSTER asked what area the person, currently
representing rural Alaska, represents.
MR. KOPP responded that he does not know, but offered that when
the stakeholder group looked at the population, they designed it
so rural area would include a population of 7,000 individuals or
less, not connected by road or rail. The intention, he
explained, was to capture Alaska's largest rural areas, such as
Bethel, recognizing also that people sometimes will move into
town to have a better opportunity to help serve their people
back home. The stakeholders did not want to preclude someone
who may be a real leader so they wrote a requirement that the
person must have lived there physically within the last five
years to qualify as having rural representation. That way, he
explained, someone wouldn't be disqualified because they sought
a place of service elsewhere, and it also gives the board and
the governor discretion to determine whether they are still, in
fact, connected to that rural area.
2:43:56 PM
REPRESENTATIVE FOSTER recalled that this issue came up in years
past, wherein someone may have lived in Bethel and moved to
Anchorage and were still serving. He opined under this
provision a person could still serve, such that they may have
been living in Anchorage for four years, which would still be
within the five year period.
MR. KOPP pointed out that the bill also says "at the time of
appointment or re-appointment," and if they are re-appointed it
could be an issue at that point.
2:44:37 PM
REPRESENTATIVE KREISS-TOMKINs referred to the parameters set
aside for the rural member and the definition for rural being
7,000 and not connected by road or rail to Fairbanks or
Anchorage, and noted that Bethel's population was 6,000 in a
2010 census, and 6,400 in an American Communities Survey in
2014. The population growth could possibly exceed 7,000 in the
2020 census and be, inadvertently, excluded as being part of
rural Alaska. He suggested nudging the number up a bit and by
doing so, he opined, it would not inadvertently include any
other community in the state.
MR. KOPP replied that it is difficult to project as there is an
overall 1.5 percent state growth, and he was unaware how many
years it would take to get to that number, but the law is always
subject to change. In going through the Title 4 process and
speaking with stakeholders and those from rural Alaska, he said
he would like to see that recommendation come up through that
process. He noted that if there was a concern, the sponsor
would definitely be hearing from that group if they felt they
were being left out, and he agreed that populations change.
This number was raised from the previous number of 6,000, he
said.
CHAIR LEDOUX pointed out that this bill is a carefully worked
out compromise with the various stakeholder groups, and one
never knows when one pulls a thread out what could happen. She
then referred to "community" under the bill and offered a
scenario of a community of 6,500 people, which is a city, but
that city is in a borough, and she asked how that works exactly
because possibly the borough has quite a few more people.
MR. KOPP referred to [Section 1, AS 04.06.020(d)(4)(A), page 2],
line 27, which read:
(A) "community" means a city as that term is
defined in AS 29.71.800, and an established village
that is located in a borough or the unorganized
borough;
MR. KOPP explained that it is worded in a manner to recognize
that that is probably how those would happen, such that they
would be from smaller governmental units inside larger units.
The term community is broad and recognizes that it is a city or
an established village located in an established village located
in a borough or unorganized borough. He opined that the term
community is only used when it is describing what a rural area
is ...
2:48:30 PM
CHAIR LEDOUX interjected, used Kodiak as an example, and opined
that the population of Kodiak is roughly 7,000 people, located
in the Kodiak Island Borough where there are smaller villages
that require an air flight or boat. Although, she said, there
is the whole community of Kodiak which is approximately 10,000 -
11,000 people not including the villages. The City of Kodiak
has roughly 6,500 - 7,000 people, she asked whether, under this
definition, Kodiak would fall under rural.
2:49:24 PM
MR. KOPP opined that it would not, because as a city, if the
population was over 7,000, it would not.
CHAIR LEDOUX extended her scenario and offered that Kodiak was
6,500.
MR. KOPP answered that it would definitely ...
REPRESENTATIVE CLAMAN interrupted and said that according to
google it is 6,423.
CHAIR LEDOUX continued that the City of Kodiak has 6,423 people,
and the City of Kodiak is within the Kodiak Island Borough. The
Kodiak Island Borough, she opined, has approximately 11,000 -
12,000 people, not including the villages which are only
accessible by airplane or boat. She asked whether Kodiak would
qualify as rural under this bill.
2:50:24 PM
MR. KOPP opined that it absolutely would qualify based on the
fact that it is a community unto itself, and it is identified as
a city that is under the population limits. He further opined
that all of the individual cities on Kodiak Island would also
qualify, individually, because they are so small.
REPRESENTATIVE FOSTER explained that in an effort to try to not
unravel the thread, he pointed to [Section 1, AS 04,06,020(b),
page 2, lines 3-6], which read:
(b) Except as provided in (c) of this
section, at the time of appointment or reappointment
... one member of the board shall have resided in a
rural area within the previous five years,
REPRESENTATIVE FOSTER noted that, technically, there could be
someone who lived in a rural area four years ago and still be
appointed and represent a rural area. He explained that if he
had written it he would have said, "at the time of appointment
one member shall reside in a rural area," that way if they are
no longer in that rural area and come up for reappointment they
would not be eligible for reappointment.
2:51:41 PM
MR. KOPP replied that the discussion did come up within the work
group, and the thought was that a person, a real community
leader, moves out of rural Alaska for an opportunity to better
serve rural interests, they would be disqualified.
2:52:14 PM
MR. KOPP moved to his written sectional summary, as follows
[original punctuation provided]:
Section 2 - In AS 04.06.030, Terms of office; chair -
changes "chairman" to "chair".
Section 3 - In AS 04.06.050, Meetings - changes
"chairman" to "chair".
Section 4 - Amends AS 04.16.049(a), relating to access
by minors to licensed premises; adds a reference to
04.11.110 permitting access to club premises by a
person under 21 years of age if no alcoholic beverages
are present or if the person has an active duty
military card; changes "age of 21 years" to "21 years
of age" to conform to current drafting style, and;
identifies circumstances under which minors may be
employed on licensed premises.
Section 5 - Amends AS 04.16.049(b), changing "age of
21 years" to "21 years of age" to conform to current
drafting style.
Section 6 - Amends AS 04.16.049(c), allowing
juveniles, 16 & 17 years of age, to be employed on
golf course licensed premises as long as they are not
serving alcohol, have written consent of guardian or
parent, and an exemption granted by the Department of
Labor.
Section 7 - Amends AS 04.16.049(d), to allow minors,
18 - 20 years of age, to be employed within the
licensed premises of a golf course as long as they do
not sell, serve, deliver, or dispense alcoholic
beverages.
Section 8 - Adds a new subsection (g) to AS 04.16.049
to permit access by minors to golf courses for the
purpose of playing golf. Adds new subsections making
unauthorized presence by a minor on licensed premises
a violation, punishable by a fine of $500, which must
be charged and filed with the court as a separate
case. The fine may be reduced by a court to $50 for a
person who has not more than one previous violation or
to $250 for a person who has two or more previous
violations if the minor supplies proof of completion
of an alcohol safety action program or a community
diversion panel.
Section 9 - Repeals and reenacts AS 04.16.050 to make
minor consuming a violation, punishable by a fine of
$500, which must be charged and filed with the court
as a separate case. The fine may be reduced by a court
to $50 for a person who has not more than one previous
violation or to $250 for a person who has two or more
previous violations if the minor supplies proof of
completion of an alcohol safety action program or a
community diversion panel.
Section 10 - Modifies the required language for
warning signs on licensed or designated premises in AS
04.21.065(b).
Section 11 - Adds a new provision in 04.21.078 barring
the court system from publishing on a publicly
available website the record of a violation of AS
04.16.049 or 04.16.050, or a similar municipal
ordinance, if the violation was charged separately and
was not joined with another minor offense or criminal
charge.
Section 12 - Amends 04.21.080(b) Definitions, add
definition for "community diversion panel"
Section 13 - Amends AS 12.62.400(a) National criminal
history record checks for employment, licensing, and
other noncriminal justice purposes authorizing
Department of Public Safety to obtain a criminal
history record check of a person applying for a
license to operate a marijuana establishment, as is
currently required for alcohol beverage licensees.
Section 14 - Amends 17.38.200(a) requiring applicants
for registration to operate marijuana establishments
to submit to a criminal history record check.
Section 15 - Amends AS 21.36.210(a) Limits on
cancellation, to remove a reference to AS 21.96.027
due to repeal and reenactment of AS 04.16.050.
Section 16 - Amends AS 28.15.057(a) Restrictions on
driver's license issued to person under 18, to reflect
the repeal and reenactment of AS 04.16.050.
2:57:26 PM
MR. KOPP explained that a goal of the committee was to remove
the criminal penalties associated with non-driving offenses. If
a minor possesses alcohol, and is in a vehicle, and under the
influence, they are cited for minor driving after consuming, or
DUI, whatever is appropriate. A minor consuming charged by
itself is never a driving related offense, and part of the work
of the Title 4 group was working with prosecutors who recognized
that Alaska's current system is broken when applying driving
penalties and driver's license revocations for non-driving
offenses. He remarked that these offense can cause kids to drop
out of college, drop out of school, and it is destabilizing in
their life when those social institutions are taken away from
them when their driver's license is attached.
2:58:32 PM
MR. KOPP continued,
Section 17 - Amends AS 28.15.191(a) Court and parole
board reports to department removes court requirement
to forward to DMV a record of a minor consuming
alcohol violation conviction within five working days.
Section 18 - Amends AS 28.15.211(g) removes reference
to DMV not issuing or reissuing a driver's license to
a person whose license was revoked for an offense
under 04.16.050.
Section 19 - Amends the uncodified law of the State of
Alaska, adding a new section describing a Direct Court
Rule Amendment to Rule 17(a), Alaska Rules of Minor
Offense Procedure, providing an exception to when a
prosecutor may join a minor offense with a related
criminal offense.
2:59:09 PM
MR. KOPP explained that the general rule is that a prosecutor
may join a minor offense violation with a criminal offense at
the time a person is charged. Although, with this direct court
rule amendment, a prosecutor may not join a minor consuming
alcohol offense with another related criminal offense, which
keeps it off CourtView.
MR. KOPP continued,
Section 20 - Amends the uncodified law of the State of
Alaska, adding a new subsection (g) to Rule 17, Alaska
Rules of Minor Offense Procedure, providing that a
prosecutor may not join a minor offense for a
violation of AS04.16.049 or AS 04.16.050 with a
related criminal offense.
Section 21 - Repeals various sections that have to do
with denial, cancelation or non-renewal of insurance
for minor consuming violations, court revocation of a
driver's license for minor consuming alcohol, and
Health & Social Services agreements under Delinquent
Minor rules to revoke a driver's license for minor
consuming alcohol offenses.
Section 22 - Applicability provisions.
Section 23 - Transition provisions relating to
membership on the ABC Board.
3:00:32 PM
CHAIR LEDOUX advised the committee of the witnesses available to
testify and asked the committee whether it had any questions for
those people, hearing none, Chair LeDoux opened public
testimony.
3:01:16 PM
ROBIN MINARD, Director, Public Affairs, Mat-Su Health
Foundation, explained that the Mat-Su Health Foundation shares
ownership in the Matsu Medical Center, and invests its share of
the hospital's profits back into the community to improve the
health status of local residents. She related that the Mat-Su
Health Foundation conducted a community health needs assessment
in 2013, which included data analysis, public polling, and 24
community forums. Consistently, she offered, alcohol and
substances abuse were rated as the number one health issue in
Mat-Su. Within follow-up research, the local police captains
advised that the number one substance problem was alcohol,
alcohol, alcohol. She said that the Foundation supports the
Mat-Su Substance Abuse Prevention Coalition which uses what are
called environmental strategies to reduce underage drinking in
the community, and environment strategy is one in which the
environment is changed that influences behavior. Classic
environmental strategies, include: alcohol taxes, policies that
restrict the density of alcohol outlets, and policies that
ensure swift and uniform enforcement. The Mat-Su Health
Foundation is also a funding partner of Recover Alaska which
aims to reduce the harm caused by alcohol throughout Alaska, and
it supports these environmental strategies. The Mat-Su Health
Foundation supports this legislation because it enables swifter
and more uniform enforcement which sends a much clearer message
to youth, it provides an incentive through fine reduction to
attend an alcohol education program, and it de-criminalizes the
action so no one mistake can follow youth through their
permanent record. Swift and uniform enforcement decreases
underage drinking, and this has been an important strategy that
has worked in many other states. Alcohol does bring in some
revenue, but it also comes with enormous costs associated with
its use from crime, to violence, to preventable death and
injury. She advised that the Mat-Su Health Foundation is
pleased that the legislation adds a public safety representative
to the ABC Board, and she urged the committee to pass SB 165 to
recover Alaska.
3:03:39 PM
DALE FOX, President/CEO, Alaska Cabaret, Hotel, Restaurant and
Retailers Association (CHARR), said the Alaska Cabaret, Hotel,
Restaurant and Retailers Association (CHARR) supports SB 165 due
to compromises made in the other body last week. This bill now
represents a number of major improvements for the State of
Alaska, including: a balanced ABC Board; a new attempt to fight
underage drinking with sure and swift punishment; provides fixes
to golf courses so those under 21 can golf; and provides
marijuana background checks. In response to a question
Representative Foster asked, he advised that Bobby Evans is the
rural member serving on the ABC Board at this time. He then
encouraged the members to pass the bill so it has an opportunity
to become law this year.
CHAIR LEDOUX, after ascertaining no one further wished to
testify, closed public testimony.
3:05:51 PM
REPRESENTATIVE LYNN moved to report HCS CSSB 165, Version 29-
LS1384\E, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HCS
CSSB 165(L&C) from the House Judiciary Standing Committee.
CHAIR LEDOUX commented that this is one of the most valuable
bills this session, because as someone who once had teenage
children, she was always perplexed by some of the insanity in
Alaska's alcohol regulations relating to minors, and this fixes
a lot.
REPRESENTATIVE CLAMAN noted that the legislation is consistent
with the committee's efforts toward criminal justice reform, and
this addresses those efforts at a minor level.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 165 - Sponsor Statement.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - HCS ver E (L&C).pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Sectional Analysis - HCS ver E (L&C).pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Summary of Changes - ver H.A to HCS CSSB 165 ver E.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - CS ver H.A (JUD).pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Summary of Changes - ver A to ver H.A.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Supporting Documents- 1 page summary.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Supporting Documents - Presentation 04-08-16.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Supporting Documents -Letters of Support.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Fiscal Note-ACS-TRC-03-28-16.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Fiscal Note-DCCED-AMCO-03-18-16.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |
| SB 165 - Fiscal Note-DHHS-PS-03-18-16.pdf |
HJUD 4/14/2016 1:00:00 PM |
SB 165 |