04/28/1997 08:04 AM House CRA

 HB 162 - BAN CRAFT BUYING ON LIQUOR PREMISES                                  
                                                                               
 Number 050                                                                    
                                                                               
 CHAIRMAN IVAN indicated that the committee would consider HB 162,             
 "An Act relating to the sale or purchase of authentic Native                  
 handicrafts on certain licensed premises; and providing for an                
 effective date," sponsored by Representative Nicholia.  He                    
 explained that this legislation was assigned to a subcommittee                
 chaired by Representative Jerry Sanders.  He referred to a proposed           
 committee substitute labeled O-LS0434\E and said he would entertain           
 a motion to adopt the committee substitute for the purpose of                 
 discussion.                                                                   
                                                                               
 Number 114                                                                    
                                                                               
 REPRESENTATIVE JERRY SANDERS moved to adopt the committee                     
 substitute as noted.  Hearing no objection, it was so ordered.                
                                                                               
 Number 144                                                                    
                                                                               
 KATTARYNA BENNETT, Researcher to Representative Irene Nicholia,               
 Alaska State Legislature, came forward to testify on HB 162.  In              
 response to requests from the committee members and the                       
 subcommittee, five changes were made to the bill.  In Section 1, a            
 restriction was added on sale, purchase, or offer to sell or                  
 purchase handicrafts in liquor stores, as well as taverns or bars.            
 This was also a request made by Doug Griffin of the Alcohol                   
 Beverage Control (ABC) Board.  The second change was the addition             
 of language to restrict other handicrafts, as well as Native                  
 handicrafts.  Also included was a definition of other handicrafts.            
 She encouraged the members of the committee to review the                     
 definition to ensure it is acceptable.                                        
                                                                               
 MS. BENNETT continued that the third change was the addition of               
 language to clarify special events, such as Fur Rendezvous or other           
 similar activities, that may be unintentionally affected by this              
 legislation.  As discussed, a lot of craft selling goes on at these           
 events which is a big part of these functions.  Fourth, they                  
 removed the language that exempted arenas or convention centers               
 that were owned by the state or a political subdivision of the                
 state.  Finally, at the request of Legislative Legal the word                 
 "knowingly" was added to clarify that a bar owner or employee, who            
 is not directly involved in a transaction, will not be held liable            
 for actions beyond the realm of his/her knowledge.                            
                                                                               
 REPRESENTATIVE SCOTT OGAN stated that the bill has been improved,             
 but he still has a few problems with the fact that this was an                
 unenforceable law.  He noted that it's illegal to sell drugs and              
 various other sundry items that routinely are sold in bars.  He               
 said he understands the objectives of this legislation and thinks             
 it is a laudable goal.                                                        
                                                                               
 Number 398                                                                    
                                                                               
 REPRESENTATIVE JOE RYAN stated that he still had a problem with               
 making the person who owns an establishment responsible.  He said             
 he doesn't know that anyone invites an individual into an                     
 establishment to sell anything.                                               
                                                                               
 REPRESENTATIVE OGAN asked about a person who owns an establishment            
 and someone comes in to sell something, that person would be guilty           
 and they may have a license sanctioned or receive a fine of up to             
 $2,000.                                                                       
                                                                               
 Number 488                                                                    
                                                                               
 MS. BENNETT responded that this does not happen unless a bar owner            
 or employee is directly involved in the sale or transaction.  It              
 would be a person who is the purchaser, seller or they are the                
 person who facilitates the buying or selling.  The bar owner or               
 employee would not be liable if they weren't directly involved.               
 Ms. Bennett explained the word "knowingly" was added to further               
 clarify that they wouldn't be liable.                                         
                                                                               
 Number 601                                                                    
                                                                               
 REPRESENTATIVE SANDERS moved and asked unanimous consent to move HB
 out of committee with individual recommendations and with the             
 accompanying fiscal notes.  Hearing no objection, HB 162 was moved            
 out of the House Community and Regional Affairs Committee.