Legislature(2015 - 2016)BARNES 124
04/13/2016 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Alaska Gasline Development Corporation Board of Directors | |
| SB157 | |
| SB158 | |
| SB165 | |
| SB18 | |
| SB69 | |
| HJR28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 157 | TELECONFERENCED | |
| + | SB 158 | TELECONFERENCED | |
| + | SB 126 | TELECONFERENCED | |
| + | SB 165 | TELECONFERENCED | |
| + | HJR 28 | TELECONFERENCED | |
| + | SB 18 | TELECONFERENCED | |
| + | SB 69 | TELECONFERENCED | |
| + | SB 206 | TELECONFERENCED | |
SB 165-ALCOHOL: BOARD;MINORS;MARIJUANA CHECKS
4:26:10 PM
CHAIR OLSON announced that the next 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."
4:26:39 PM
The committee took a brief at ease.
4:28:04 PM
SENATOR PETER MICCICHE, Alaska State Legislature, informed the
committee CSSB 165(JUD)am brings a healthy and reasonable
balance of representation to the Alcoholic Beverage Control
Board (ABCB), Alcohol & Marijuana Control Office, Department of
Commerce, Community & Economic Development, and decriminalizes
youth alcohol possession and consumption offenses. The bill is
the product of an ongoing, multiyear, modernization process for
Title 4, Alaska's statutes that govern the regulation and
control of alcoholic beverages. Since 2012, the work has been
facilitated by a diverse group seeking to reform alcohol laws
such as those pertaining to licenses, and the role of ABCB;
other issues will be addressed in the future. The current bill
changes one seat of the ABCB structure, and removes damaging
obstacles placed into the lives of young people under the
current minor consuming alcohol (MCA) laws. Senator Micciche
said minors are now subject to guilt by association resulting in
a posting of offenses on Courtview, the loss of driving
privileges, and the loss of motor vehicle insurance, all of
which severs ties with institutions needed for success such as
jobs, education, and family. He stressed that minor consuming
deserves a swift and certain violation and imposition of a $500
fine, but not jury trials, prosecution, public defender time,
and court costs. Additionally, MCA offenses should not garner
the loss of driving privileges; in fact, driving under the
influence is "a whole different crime, it's not minor
consuming." Stakeholders have identified the value of
rehabilitation over punishment for young people who are still
forming their values and behavioral patterns. Senator Micciche
advised that the bill restores under-21 alcohol status offenses
to true violations, removes criminal penalties, and establishes
a fine of $500, which may be reduced by the court to $50 under
certain conditions. The bill also provides that such violations
may not be published on Courtview - which has caused many youth
to be denied employment and scholarship opportunities - and
clarifies that youth may work or play on golf courses where
alcohol is served, under certain conditions. Finally, CSSB
165(JUD)am requires background checks for persons applying to
operate marijuana establishments. Senator Micciche listed many
supporters of the proposed legislation, including the Alaska
Peace Officers Association.
4:33:27 PM
CHUCK KOPP, Staff, Senator Peter Micciche, paraphrased from the
following sectional analysis [original punctuation provided]:
Section 1 - Repeals and reenacts AS 04.06.020,
relating to the appointment, reappointment and
qualifications of members of the Alcoholic Beverage
Control Board; and establishing definitions.
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 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 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 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.
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.
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
4:44:04 PM
REPRESENTATIVE JOSEPHSON directed attention to page 9, line 24
of the bill which read:
(g) A prosecutor may not join a minor offense for a
violation of AS 04.16.049 or 04.16.050 with a related
criminal offense.
REPRESENTATIVE JOSEPHSON questioned whether the aforementioned
subsection would allow the "system" to cite a minor for a
violation but the citation would not be in the same case file.
MR. KOPP explained that charging documents are referred to as
the criminal intake disposition, on which the prosecutor lists
all of the offenses committed. The bill requires that the
prosecutor list a minor consuming alcohol charge on a separate
document in order that the criminal offenses will be listed on
Courtview, and the minor consuming alcohol charge will not.
REPRESENTATIVE JOSEPHSON asked whether it is currently a
criminal offense if an 18-, 19-, or 20-year-old is caught
consuming alcohol.
MR. KOPP said no, that is a violation under current law.
REPRESENTATIVE LEDOUX inquired as to whether a youth could be
charged with minor [consuming alcohol], if he/she was merely
present.
MR. KOPP said an average scenario may be a police officer
walking into a room with minors present and there is alcohol;
however, not everyone is consuming, so there is the possibility
that many minors could be cited that were not consuming, and the
citations would be posted on Courtview.
REPRESENTATIVE LEDOUX asked how police officers prove who was
drinking.
MR. KOPP advised that police officers conduct interviews, smell
the alcohol, see the effects of impairment, and test for alcohol
to determine who was actually drinking.
REPRESENTATIVE HUGHES recalled that the legislature modeled the
composition of the Marijuana Control Board (MCB) after the
composition of the ABCB. She directed attention to page 2,
lines 14 and 15 which read [in part]:
.... A board member representing the general public
may not be affiliated with the public safety sector or
the public health sector.
REPRESENTATIVE HUGHES noted that the bill changes members of the
ABCB and she questioned prohibiting someone who has a public
health background from applying for the general public seat; in
fact, it is important for someone with that insight to be on the
board.
4:49:05 PM
SENATOR MICCICHE explained that the concern of the industry was
the possibility "that you could perhaps stack three active anti-
industry people on the board." By affiliation, the language
means someone who is currently in a profession linked to the
public health sector. A member, and a rural member might have
that background; however, this is an effort to balance the board
with two industry members, and three potentially anti-industry
members, in order to reach a fair compromise.
REPRESENTATIVE HUGHES acknowledged that industry members seem to
care about public health issues. She pointed out that most
states do not have industry representation on their alcohol
boards. She expressed her understanding that the executive
director is cognizant of public health issues and stressed the
importance of keeping public health issues before the board.
SENATOR MICCICHE stated that CSSB 165(JUD)am represents about 10
percent of the work to be done in this effort, and his goal is
to reach consensus and continue to work toward a common goal
through compromise.
REPRESENTATIVE HUGHES advised that her experience is that public
health concerns in this regard are very great in parts of the
state. She said she was disappointed to see the change.
REPRESENTATIVE JOSEPHSON inquired as to whether the liquor
industry has opposed or supported the bill.
SENATOR MICCICHE said there is support from the industry for the
bill.
REPRESENTATIVE JOSEPHSON recalled from his experience as a
prosecutor in Kotzebue, that a young person could be assessed
with a lengthy suspension of his/her driving license.
MR. KOPP confirmed that offenses can "stack" and extend the
revocation of driving privileges for "a very long time."
REPRESENTATIVE JOSEPHSON asked, "Under the current law, does it
compound, so that the third offense is worse than the second?"
MR. KOPP said yes. In further response, he said the third
offense is a misdemeanor and the revocation gets longer. In
response to Chair Olson, he said more than 70 percent of minor
consumers only offend once.
REPRESENTATIVE LEDOUX questioned whether minor consumers "age
out" of the offense. She added that the bill is in alignment
with other pending legislation.
4:55:52 PM
REPRESENTATIVE HUGHES moved to adopt the proposed House
committee substitute (HCS) for CSSB 165(JUD) am, Version 29-
LS1384\E, Bruce, 4/13/16, as the working document.
4:56:08 PM
CHAIR OLSON objected for discussion purposes.
SENATOR MICCICHE stated his support for the proposed House
committee substitute.
4:57:34 PM
KONRAD JACKSON, Staff, Representative Kurt Olson, presented the
proposed House committee substitute for CSSB 165(JUD)am, Version
E. Version E makes two identical changes found on page 5,
beginning on lines 3 and 22, which insert, after $50, the
following:
.... for a person who has not more than one previous
violation or to $250 for a person who has two or more
previous violations ...
MR. JACKSON said the forgoing changes were suggested by a member
of the committee, and increase the penalty for repeat or
habitual offenders.
4:59:25 PM
The committee took an at ease from 4:59 p.m. to 5:00 p.m.
5:00:30 PM
CHAIR OLSON opened public testimony.
5:00:55 PM
DALE FOX, President/CEO, Alaska Cabaret, Hotel, Restaurant and
Retailers Association (Alaska CHARR), expressed his
organization's support for CSSB 165(JUD)am. He said the bill
provides for a balanced Alcoholic Beverage Control Board, is a
new attempt to fight underage drinking, allows those under 21
years of age to play golf at courses that are a licensed
premise, and provides for marijuana background checks. Mr. Fox
urged the committee to pass the bill.
5:02:15 PM
GINNY ESPENSHADE, Director, Kenai Peninsula Youth Court,
expressed her support for the bill. She said the bill ensures
that current diversion programs remain an option for underage
drinking offenses. In addition, Ms. Espenshade said she
strongly supports the fact that said offenses will not appear on
an online database which can interfere with opportunities for a
young person's future such as employment, higher education, and
military service.
5:04:04 PM
CYNTHIA FRANKLIN, Director, Anchorage Office, Alcohol &
Marijuana Control Office, Department of Commerce, Community &
Economic Development, said her staff and agency are in support
of the bill. In response to an earlier question from
Representative LeDoux, she said retail wholesalers are
prohibited from serving on the Alcoholic Beverage Control Board
due to the three-tier system enacted following Prohibition,
which is an attempt to recognize the power liquor wholesalers
have and curb industry influence over the board.
5:05:44 PM
CHAIR OLSON, after ascertaining that no one else wished to
testify, closed public testimony, and the bill was held over.