Legislature(2001 - 2002)

04/29/2002 03:20 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 215-COMMON CARRIER LIQUOR LICENSE                                                                                          
                                                                                                                                
VICE  CHAIR HALCRO  announced  that the  next  order of  business                                                               
would be  CS FOR SENATE  BILL NO.  215(FIN), "An Act  relating to                                                               
licensing common  carriers to  dispense alcoholic  beverages; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
DON SMITH,  Staff to Senator John  Cowdery, Senate Transportation                                                               
Standing  Committee,  Alaska   State  Legislature,  informed  the                                                               
committee  that Senator  Cowdery introduced  SB 215  primarily at                                                               
the  request of  Alaska Airlines.   The  committee packet  should                                                               
include documents that  outlines the current process.   Mr. Smith                                                               
related   the  belief   that   this   legislation  would   reduce                                                               
administrative  and clerical  burden to  the common  carriers and                                                               
would lower  the fees.   The major  user of this  legislation has                                                               
now up  to 102 licensed  aircraft, although the vast  majority of                                                               
those airplanes  aren't flying  in Alaska air  space.   Mr. Smith                                                               
explained  that CSSB  215(FIN) would  change  the procedure  such                                                               
that the first  ten licenses would cost $1,000  each, after which                                                               
each license would  be $100 per license.  He  concluded by urging                                                               
the committee's support of CSSB 215(FIN).                                                                                       
                                                                                                                                
Number 2205                                                                                                                     
                                                                                                                                
BILL  MACKAY,  Vice  President, Public  and  Government  Affairs,                                                               
Alaska  Airlines -  Seattle, testified  via teleconference.   Mr.                                                               
MacKay provided the following testimony:                                                                                        
                                                                                                                                
     Alaska  Airlines has  requested  the current  licensing                                                                    
     requirements  for  common carrier  beverage  dispensary                                                                    
     licenses  be  modified  for two  reasons.    First,  to                                                                    
     simplify  the requirement  so that  additional aircraft                                                                    
     will not  require an  entirely new  application process                                                                    
     involving   filing  out   the  application,   supplying                                                                    
     supporting   exhibits,  posting   and  publishing   the                                                                    
     application for  a license.  Alaska  [Airlines] and the                                                                    
     [Alcohol Beverage  Control] Board agree  that modifying                                                                    
     the  statute to  simplify  obtaining additional  common                                                                    
     carry   licenses   will   reduce   the   clerical   and                                                                    
     administrative work  for both  Alaska Airlines  and the                                                                    
     board and is therefore in the public interest.                                                                             
                                                                                                                                
     Secondly, Alaska Airlines would  like the fees reduced.                                                                    
     Alaska  [Airlines] currently  has 102  aircraft in  its                                                                    
     fleet and  plans to add additional  aircraft each year.                                                                    
     The  growth  of  the fleet  substantially  exceeds  the                                                                    
     growth of our interstate flying.   The company does not                                                                    
     have an  effective means of limiting  the aircraft that                                                                    
     serve Alaska  to a  select few.   And  instead operates                                                                    
     all of  its aircraft in  the state, often to  enable us                                                                    
     to  provide  us  single  plane service  to  [and]  from                                                                    
     cities in  Alaska to cities  south or east  of Seattle.                                                                    
     Recent  examples  are  our new  routes  to  Washington,                                                                    
     D.C., Boston,  and Denver.   Since every  aircraft must                                                                    
     be separately  licensed with the current  law and every                                                                    
     license  costs Alaska  Airlines $450  a year,  that's a                                                                    
     $700 biannual few  plus $200 license fee.   The license                                                                    
     fees  have  become  quite high  and  will  continue  to                                                                    
     escalate   at  a   faster  rate   than  the   company's                                                                    
     interstate flying will escalate.   Alaska only operates                                                                    
     a small  portion of our  fleet on interstate  routes on                                                                    
     any given  day.  In  addition, it should be  noted that                                                                    
     none of  the other major airlines  serving Alaska, with                                                                    
     the possible  exception of Delta, obtain  Alaska liquor                                                                    
     licenses since they do not  operate interstate.  Alaska                                                                    
     [Airlines]  believes that  it  pays substantially  more                                                                    
     for common carrier licenses than  any other licensee in                                                                    
     the state.  And it seems  fair to us to reduce the fees                                                                    
     to more  accurately reflect  the cost  to the  board of                                                                    
     issuing  licenses  and  the  interstate  presence  that                                                                    
     Alaska [Airlines]  actually has.  If  the proposed bill                                                                    
     becomes law, Alaska [Airlines] will  still pay fees far                                                                    
     in  excess of  fees  we  pay in  any  other state,  and                                                                    
     rightfully so because of our interstate flying.                                                                            
                                                                                                                                
Number 2099                                                                                                                     
                                                                                                                                
DOUGLAS  GRIFFIN,  Director,  Alcoholic  Beverage  Control  Board                                                               
(ABC), Department of Revenue, testified  via teleconference.  Mr.                                                               
Griffin  informed  the committee  that  the  board was  initially                                                               
approached by Alaska  Airlines a few years ago.   Alaska Airlines                                                               
is in unique  situation, and licensing all of  its airlines seems                                                               
like  a  bit  of  overkill.   From  an  equity  standpoint,  this                                                               
legislation  does make  sense.   Therefore,  the  ABC Board  does                                                               
support  it  even  though  there  is some  cost.    The  way  the                                                               
legislation  is currently  structured it  would take  a few  more                                                               
years  before  any   other  company  would  be   impacted.    The                                                               
administrative "fix"  is found  on page 2,  line 1,  which allows                                                               
the licenses  to move to  the same  biennial cycle.   Mr. Griffin                                                               
reiterated the  ABC Board's  support of  the legislation,  and he                                                               
noted that  the legislature  and the state  should be  aware that                                                               
this legislation will  cost some revenue.   Mr. Griffin concluded                                                               
by urging the committee to pass the legislation.                                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG  referred to a document  with the heading                                                               
"SB 215 - License Renewal Breakdown".                                                                                           
                                                                                                                                
MR. GRIFFIN  said that document was  a way in which  to determine                                                               
which companies would  be impacted by this legislation.   He said                                                               
he wasn't  sure whether  [that document] was  part of  the latest                                                               
fiscal note reflecting  the Senate version.   Basically, no other                                                               
company  has enough  rail  cars, buses,  or  other vehicles  that                                                               
would fall  under the  common carrier  category impacted  by this                                                               
bill.   Mr.  Griffin pointed  out that  another unique  aspect of                                                               
Alaska  Airlines is  that it  pays for  a full  year of  licenses                                                               
because  it  operates  year  round.    Therefore,  those  tourism                                                               
companies  only pay  for  half  the year  due  to their  seasonal                                                               
operations;  thus  it  will  be  quite  some  time  before  those                                                               
entities are impacted.                                                                                                          
                                                                                                                                
Number 1920                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG   asked  if  the   current  requirements                                                               
require each  vehicle, boat, aircraft,  or railway buffet  car to                                                               
be licensed as a common carrier.                                                                                                
                                                                                                                                
MR. GRIFFIN  replied yes.   If any of the  aforementioned operate                                                               
between  two Alaska  ports, the  entity  has to  obtain a  common                                                               
carrier license.   This lead  to the notion mentioned  earlier of                                                               
placing all  of an entities rail  cars, for example, on  the same                                                               
renewal  cycle.   He characterized  that provision  as a  win-win                                                               
provision.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  MEYER related  his understanding  that ERA  is on                                                               
contract with Alaska  Airlines.  Therefore, he  asked whether ERA                                                               
would have  to obtain its  own liquor  license or would  ERA fall                                                               
under the umbrella of Alaska Airlines.                                                                                          
                                                                                                                                
MR. GRIFFIN  answered that ERA  is licensed separately.   He said                                                               
he  wasn't  sure  that  ERA  still  provided  alcoholic  beverage                                                               
service, but when it did the company was licensed separately.                                                                   
                                                                                                                                
REPRESENTATIVE MEYER acknowledged that this  is a minor cost when                                                               
compared  to  the cost  of  running  an  aircraft.   However,  he                                                               
pondered  whether  giving  a  break to  the  planes  that  Alaska                                                               
Airlines  flies  intrastate would  be  create  an advantage  over                                                               
those carriers that only fly within the state.                                                                                  
                                                                                                                                
VICE CHAIR HALCRO  related that he didn't believe any  of the in-                                                               
state carriers  serve alcohol  and those  wouldn't need  a common                                                               
carrier license.                                                                                                                
                                                                                                                                
MR. GRIFFIN pointed  out that there has to be  a flight attendant                                                               
to  serve the  alcohol and  many of  the in-state  carriers don't                                                               
have  flight  attendants  and thus,  by  extension,  don't  serve                                                               
alcohol.    Mr.  Griffin  remarked  that  Alaska  Airlines  is  a                                                               
different  order   of  magnitude   [when  compared   to  in-state                                                               
carriers].                                                                                                                      
                                                                                                                                
VICE CHAIR  HALCRO, upon determining  that no one else  wished to                                                               
testify,  closed   public  testimony  and  announced   that  CSSB
215(FIN) would be held until Chair Murkowski returned.                                                                          
                                                                                                                                

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