02/03/1994 01:00 PM House CRA

  HB 322 - REGULATION OF ALCOHOL IN STATE PARKS                                
                                                                               
  Number 534                                                                   
                                                                               
  REPRESENTATIVE PETE KOTT, SPONSOR OF HB 322, testified                       
  saying, "What this bill is intended on doing is to direct                    
  the Department of Natural Resources (DNR) to evaluate                        
  whether or not the use of possession of alcohol in a state                   
  park or a public facility, such as a historic site is                        
  compatible with public peace, health and safety of the                       
  occupants that are also at that park.  We're really not                      
  doing very much.  Right now the department has the authority                 
  via regulations and has in fact, exercised that authority                    
  from time to time."  He then referred the committee to AS                    
  29.05.                                                                       
                                                                               
  REPRESENTATIVE KOTT continued, "Whereby the department has                   
  in fact, prohibited the use of alcohol in several locations                  
  actually...  So this bill is not a prohibition bill.  Site                   
  by site specific, they will evaluate the individual parks                    
  and historic sites and make a determination.  We're asking                   
  them to make that determination within a year.  It is a very                 
  simple bill.  We're only codifying and firming up, what I                    
  believe the department already has, by regulation and                        
  statute.  In essence, by amending AS 41.21, we are giving                    
  them a little more direction and narrowing the scope of                      
  things now."                                                                 
                                                                               
  CHAIRMAN OLBERG asked if he had been addressing the CS or                    
  the original bill.                                                           
                                                                               
  REPRESENTATIVE KOTT said, "There was a last minute                           
  submission by the department and we included one of the                      
  items that we completely agreed with.  I think that was more                 
  of an oversight than anything else.  In the original bill,                   
  we used just the term alcohol.  The point is, we are trying                  
  to limit...to alcoholic beverage use...we changed the title                  
  to reflect that as well."                                                    
                                                                               
  There was a small discussion as to the statutory definition                  
  of alcoholic beverages.                                                      
                                                                               
  PETER PANARESE, CHIEF, FIELD OPERATIONS, DIVISION OF PARKS                   
  AND OUTDOOR RECREATION, DIVISION OF NATURAL RESOURCES,                       
  testified via teleconference in favor of HB 322.  His                        
  testimony is difficult to discern on tape.  (A copy of his                   
  written testimony is on file.)                                               
                                                                               
  REPRESENTATIVE SANDERS said, "I support Representative                       
  Kott's intent with this bill...my only problem...where it                    
  says use or possession.  In a park if I have a six pack of                   
  beer in my motor home in the refrigerator, am I guilty of                    
  possession?  ...where's it limited?"                                         
                                                                               
  REPRESENTATIVE KOTT said, "My intent is not to limit to                      
  those circumstances the possession of alcohol.  If you drive                 
  into a state park parking lot in a motor home and you have a                 
  bottle of alcohol in your vehicle - this is not the intent,                  
  to try and intrude into your vehicle to acquire the alcohol                  
  and determine that you're in violation."                                     
                                                                               
  REPRESENTATIVE BUNDE asked, "Do you not have the enforcement                 
  ability at this time if someone is using alcohol illegally                   
  that you could arrest them?"                                                 
                                                                               
  MR. PANARESE said, "At this time, many areas of the state                    
  parks, people who use beer and drink in conjunction with                     
  other recreation activities in areas where there's not                       
  prohibition, the situation becomes difficult for us when the                 
  person is involved in a group activity and there are                         
  alcoholic beverages everywhere and the party is beginning.                   
  At that point, we have no ability to intervene.  We can't                    
  arrest unless we have the scene created."                                    
                                                                               
  Number 672                                                                   
                                                                               
  REPRESENTATIVE BUNDE said, "What it sounds like is they're                   
  asking for the right of prior restraint.  `You look                          
  suspicious, you look like you might become a drunk, so we're                 
  going to run you off.'  I'm sorry, but you're asking to put                  
  something in state statute here that is going to be                          
  interpreted by a lot of different people, and I'm a little                   
  concerned that parks people have a little too much power to                  
  limit the people's use of their parks now."                                  
                                                                               
  REPRESENTATIVE TOOHEY asked, "This is only within state                      
  parks?"                                                                      
                                                                               
  MR. PANARESE said, "...limited to the Alaska State Park                      
  system."                                                                     
                                                                               
  REPRESENTATIVE DAVIES said, "I'm considering offering an                     
  amendment that would insert the word `public' in front of                    
  `possession' everywhere," and directed his question towards                  
  Mr. Panarese.                                                                
                                                                               
  MR. PANARESE said that amendment would be "acceptable".                      
                                                                               
  REPRESENTATIVE DAVIES said, "I would offer this as an                        
  amendment then.  That everywhere in this bill where it says                  
  `use' or `possession' to insert the word `public' prior."                    
                                                                               
  REPRESENTATIVE KOTT consented to the proposed amendment.                     
                                                                               
  TAPE 94-5, SIDE B                                                            
  Number 000                                                                   
                                                                               
  REPRESENTATIVE TOOHEY asked, "Are there sites or areas                       
  within the parks that will allow for a wedding or some type                  
  of festivities where you would permit liquor day use."                       
                                                                               
  MR. PANARESE said, "That is a common request of state parks                  
  and it's one that we accommodate.  The wedding party can get                 
  a permit from us..."                                                         
                                                                               
  REPRESENTATIVE TOOHEY continued, "So this will not impact                    
  that..."                                                                     
                                                                               
  MR. PANARESE said, "It's something we can manage and have                    
  done for a few years in a reasonable way."                                   
                                                                               
  Number 028                                                                   
                                                                               
  REPRESENTATIVE BILL WILLIAMS said, "I feel like we're                        
  getting more regulations in here and I don't know if it's                    
  really needed.  I think the State of Alaska is overregulated                 
  now as it is."                                                               
                                                                               
  REPRESENTATIVE KOTT said, "I believe there is quite a bit of                 
  problem in state parks and historic site recreational areas.                 
  It may not be so much in the rural areas, but we have a                      
  tremendous problem around the Anchorage area...Big Lake                      
  area.  There's a lot of vandalism that is done and primarily                 
  we're looking at people who are abusing alcohol and what                     
  they would consider just having a good time, but it's                        
  causing a lot of damage to the parks and services."                          
                                                                               
  MR. PANARESE rendered some of his experiences as a ranger                    
  with park visitors under the influence of alcohol.  He                       
  stressed, "The majority of our park visitors don't have a                    
  problem with this.  It's a tool for us to use to control the                 
  behavior of people who are coming to us for the simple                       
  purpose of having a large, uncontrolled party with alcohol                   
  right in the middle of it.  If we can prohibit that use, we                  
  go a long way of stopping trouble before it starts."                         
                                                                               
  REPRESENTATIVE DAVIES concurred, "I've had complaints called                 
  into my office about misuse of parks that relate to alcohol                  
  abuse in the Fairbanks area, and I've also personally                        
  witnessed a number of situations that I would consider                       
  abusive of the `peace'.  So I support this as the park                       
  rangers having the tools to deal with it."                                   
                                                                               
  CHAIRMAN OLBERG acknowledged the points brought forth by                     
  Representatives Bunde, Williams and Davies.                                  
                                                                               
  REPRESENTATIVE BUNDE acknowledged the vandalism and drunken                  
  driving but cautioned, "Now you're going to have some part                   
  time park ranger who's going to be walking among these                       
  people deciding which ones will potentially be drunks and                    
  should then be run off...and which ones are a group of folks                 
  that are going to sit down and have a picnic and drink a                     
  six-pack...  We are innocent until proven guilty."                           
                                                                               
  REPRESENTATIVE KOTT said, "We hardly have the numbers out                    
  there, rangers, to do just that.  Only two are parks, the                    
  rest are what I would consider historical sites.  There's a                  
  lot of historical value there...there may be some value to                   
  placing those off limits to the use of alcohol."                             
                                                                               
  CHAIRMAN OLBERG called a brief at ease at 1:59 p.m.  The                     
  meeting continued at 2:02 p.m.                                               
                                                                               
  Number 179                                                                   
                                                                               
  REPRESENTATIVE SANDERS moved that the committee substitute                   
  be adopted.  There were no objections.                                       
                                                                               
  REPRESENTATIVE DAVIES moved to amend the committee                           
  substitute for HB 322 "by inserting the word `public' in                     
  front of `possession' everywhere the phrase `use or                          
  possession' appears in this bill."                                           
                                                                               
  There were no objections.                                                    
                                                                               
  REPRESENTATIVE SANDERS moved that the committee substitute                   
  for HB 322 as amended be passed from committee with                          
  individual recommendations.                                                  
                                                                               
  REPRESENTATIVE BUNDE objected.  A role call vote was taken.                  
  Representative Bunde and Williams voted not to move the                      
  amended CSHB 322 out of committee with individual                            
  recommendations.  Representatives Sanders, Davies, Toohey,                   
  Willis and Olberg voted to move the amended CSHB 322 out of                  
  committee.