Legislature(1997 - 1998)

04/02/1998 09:05 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
 SENATE BILL NO. 233                                                           
                                                                               
"An Act extending the termination date of the Alcoholic                        
Beverage Control Board."                                                       
                                                                               
                                                                               
CS FOR SENATE BILL NO. 233(FIN)                                                
                                                                               
"An Act relating to membership on the Alcoholic                                
Beverage Control Board; extending the termination date                         
of the Alcoholic Beverage Control Board; relating to                           
sales of beer and wine on a golf course or at a                                
recreational site; relating to notice of alcohol-                              
related arrests; and providing for an effective date."                         
                                                                               
                                                                               
Co-chair Sharp noted for the record that a CS had been                         
adopted, however no amendments had been addressed.                             
                                                                               
Senator Donley MOVED amendment #1.  Senator Parnell                            
OBJECTED.  Senator Donley explained that the amendment dealt                   
with the issue of whether or not the Alcohol Beverage                          
Control officers may carry a firearm and clarified that they                   
may.                                                                           
                                                                               
Senator Parnell asked if they were currently carrying                          
firearms and if this was just a question of whether they                       
can, or was there a specific reason as to why they should be                   
carrying a firearm.  Senator Donley responded that in the                      
audit the question was raised as to whether they should or                     
not.  The actual personnel doing the job were the ones                         
asking for the authority to be able to carry a firearm.                        
Given the places they were asked to go and types of crimes                     
they were witnessing, Senator Donley felt it a reasonable                      
request.                                                                       
                                                                               
Senator Pearce said it was her understanding that two of the                   
investigators were former police officers, who took this                       
request to the commission.  It was her further understanding                   
that the auditors felt there was no merit to having                            
investigators carry firearms.  She requested that Mr.                          
Griffin testify and advise if there had been a specific                        
incident wherein he feels his investigators were endangered.                   
                                                                               
Douglas Griffin, Director, Alcoholic Beverage Control Board,                   
Department of Revenue testified via teleconference from                        
Anchorage.  He said there had been some threats and some                       
investigators had been involved in some confrontational                        
situations.  They had not been fired upon and no one had                       
been injured with regards to these confrontations.  However,                   
the Board has taken these situations very seriously and they                   
are looking into them.                                                         
                                                                               
Senator Pearce asked if during the investigations they would                   
be looking into any illegal activities and in dealing with                     
the owners of the licenses did that mean there were bar                        
owners in the State that were threatening the inspectors?                      
Mr. Griffin responded that there had been incidents where                      
bar owners had acted violent.  He said the dilemma they were                   
faced with was they were charged with enforcing Title 4.                       
The perception was that it only applied to liquor licensees,                   
however there were Title 4 violations that could be                            
committed not only by licensees but also by members of the                     
general public.  For example, someone purchasing alcohol and                   
providing it to an underage individual.  Looking at                            
identification on a licensed premise was another example he                    
cited.  They were looking at all aspects of safety for their                   
investigators.                                                                 
                                                                               
In response to Senator Parnell's earlier question, he said                     
there was a specific regulation at present, 15 AAC 104.505                     
(b) adopted by the ABC board in 1981 which says the board's                    
investigative personnel were not authorized to carry                           
firearms in the performance of their duties.  He said the                      
board had been trying to amend this specific regulation.                       
                                                                               
Senator Parnell asked what training ABC officers would                         
receive.  Mr. Griffin said they would have to have                             
particular firearm training and certification as peace                         
officers.  They could be certified the same as police                          
officers and would be professional in their job.                               
                                                                               
Senator Parnell asked if they could guarantee training                         
before allowing the investigators to carry firearms.  Mr.                      
Griffin assured the committee of this guarantee.                               
                                                                               
Co-chair Sharp asked if the board's personnel costs would                      
increase if this were to be authorized?  Mr. Griffin                           
indicated that it was his understanding these individuals                      
would qualify as a police officer and they would be eligible                   
for those higher benefits.  However, it was not the approach                   
they were taking.  In his investigation of this matter, he                     
looked at other State employees who had two categories that                    
allowed the carrying of firearms, yet they are not                             
considered peace officers and are not eligible for the                         
twenty-year retirement or other benefits of a police                           
officer.  That was also the same category he agreed upon for                   
their investigators.                                                           
                                                                               
Co-chair Sharp asked if the retirement was at thirty years                     
rather than twenty?  Mr. Griffin indicated that was correct.                   
                                                                               
Senator Pearce asked about park rangers and fish and game                      
biologists and noted they not only protected themselves but                    
also other members of the public against bears and other                       
animals and wildlife.  She felt there were also other                          
problems with other individuals allowed to carry firearms                      
and cited the airport security who chased someone twenty                       
miles down the road to kill them.  She doesn't feel we                         
should give more individuals police powers in the State.                       
                                                                               
Senator Parnell said he appreciated the need as addressed by                   
Senator Donley.  However, he did have the same concerns as                     
Co-chair Sharp in taking more employees into a new                             
retirement system and making them eligible for different pay                   
ranges and benefits.  He did not understand that to be part                    
of the original bill and asked Senator Donley to clarify the                   
amendment.                                                                     
                                                                               
Senator Donley said just because someone was authorized to                     
carry a firearm did not mean they should be classified into                    
a peace officer status.  It would be up to the                                 
administration and collective bargaining.  He also noted                       
that from the audit illegal gambling and prostitution were                     
being investigated.                                                            
                                                                               
Senator Parnell asked if there was an alternative route as                     
opposed to the amendment.  Senator Donley said the issue was                   
being studied and the board was considering repealing their                    
regulation that prohibits their investigators from carrying                    
firearms.  Senator Parnell asked if the regulation were                        
repealed would it accomplish the same as the amendment?                        
Senator Donley said yes, if the regulation were repealed.                      
Senator Parnell asked if they would still need statutory                       
authority to carry a firearm.  Senator Donley felt they                        
would.  It is specified by statute who can do it.  But then                    
again, he said the administration took a very broad                            
interpretation of their powers by regulations.                                 
                                                                               
Co-chair Sharp noted for the record that Senators Torgerson                    
and Phillips were now present.                                                 
                                                                               
Senator Donley continued that philosophically, these were                      
trained employees of the State.  And it is known that the                      
State is not going to issue them firearms without the same                     
level of training they do to police officers.  These                           
individuals are being put into some very dangerous                             
situations, they are highly trained and many of them are                       
former police officers.  Normal individuals are allowed to                     
carry weapons.  These individuals would be highly trained by                   
the State and he felt this was a reasonable call.                              
                                                                               
Mr. Griffin indicated that the next couple of months they                      
expect a policy making decision.  He noted that the ABC                        
board was concerned for the safety of their employees.                         
                                                                               
Senator Pearce said she felt it was going in the wrong                         
direction to license investigators.  They can always call                      
the police if necessary and that's what they should use.                       
She further indicated that it would be difficult to obtain                     
prosecutions.                                                                  
                                                                               
Senator Phillips asked how many states allow their                             
investigators to carry weapons.  Mr. Griffin responded that                    
approximately thirty-seven states allow this, however he did                   
not know if it was by statute or regulation.                                   
                                                                               
Senator Torgerson voiced his concern of an individual being                    
in a bar with a gun.  He didn't feel that was ever                             
appropriate.                                                                   
                                                                               
Co-chair Sharp said there was an OJBECTION to amendment #1                     
and asked the Secretary to call the roll.  By a roll call                      
vote of 1 yea (Donley) and 6 nay (Sharp, Pearce, Torgerson,                    
Adams, Parnell, Phillips) amendment #1 FAILED.                                 
                                                                               
Senator Donley MOVED amendment #2.  He said it was in                          
reference to page seventeen of the audit report.  The                          
Commissioner of Public Safety had delegated powers for                         
investigating gambling and prostitution to the enforcement                     
officers of the ABC board and the board had approved that                      
delegation.  The auditors recognized that was probably a                       
good thing to do, as the current investigators are some of                     
the most knowledgeable enforcement in the State regarding                      
these issues.  The auditors further point out, however, that                   
the existing statutes specifically prohibit that delegation,                   
which is in fact occurring and working well.  He said the                      
amendment would make their current procedure consistent with                   
statute.  He said the audit report pointed out that the                        
investigating officers are all former police officers.                         
                                                                               
Senator Pearce requested someone from Department of Revenue                    
testify however, Co-chair Sharp noted there was no one                         
signed up nor in attendance.                                                   
                                                                               
Senator Torgerson said he was not sure the ABC board                           
investigates gambling unless it is associated with a bar                       
having illegal gambling.  He said the local police and State                   
Troopers were available in prior cases and also the                            
Department of Revenue.  He felt this was an over-                              
characterization of what they do as far as investigating                       
gambling.                                                                      
                                                                               
By a roll call vote of 1 yea (Donley) and 6 nay (Sharp,                        
Pearce, Torgerson, Adams, Parnell, Phillips) the amendment                     
FAILED.                                                                        
                                                                               
Senator Donley MOVED amendment #3.  He said this amendment                     
would add two public members to the Alcohol Beverage Control                   
board.  In the audit it was pointed out that the current                       
balance of three public members to two members from the                        
industry had been problematic, since the Administration had                    
failed to appoint a third public member.  This created a                       
two-two deadlock on many occasions as far as taking any                        
enforcement action.  It would be good public policy to have                    
more public members on the commission to balance out the                       
conflict industry members may have.                                            
                                                                               
Senator Adams asked Mr. Griffin if the agency support this                     
and if a fiscal note had been prepared for the addition of                     
two new public members.                                                        
                                                                               
Mr. Griffin said the board had not taken a position on this                    
amendment.  A fiscal note had not been prepared as of yet,                     
even though there was going to be some fiscal impact.  He                      
felt it would be approximately $5000 for additional travel.                    
                                                                               
Senator Pearce voiced concern over the additional costs and                    
whether the size of a board just because a particular                          
Governor has not filled positions in it in a quick manner.                     
                                                                               
By a roll call vote of 2 yeas (Donley, Torgerson) and 5 nays                   
(Sharp, Pearce, Adams, Parnell, Phillips) the amendment                        
FAILED.                                                                        
                                                                               
Senator Donley MOVED amendment #4.  Senator Adams OBJECTED.                    
He said that amendments #4 and #5 were basically the same                      
and asked the sponsor explain any preference.  Senator                         
Donley said that amendment #4 pointed out that in the audit                    
there had been dissatisfaction with the dual responsibility                    
of the board and the local governing bodies and no one took                    
final responsibility for the input from local neighborhoods                    
about problems with liquor licenses in their neighborhoods.                    
In clarifying the difference between amendments #4 and #5 he                   
said #5 would place the super-majority into the ABC board                      
and not into the local governmental body.                                      
                                                                               
Senator Adams asked Senator Donley which one would be his                      
preference?  Senator Donley said either one would work but                     
the least controversial would be amendment #5.  The                            
Legislature would be making clear guidelines to the State                      
agency to take its responsibility considering input from                       
neighborhoods and people directly impacted by the liquor                       
licenses.  He said his preference would be amendment #5.                       
                                                                               
In response to a query from Senator Adams, Mr. Griffin said                    
he had looked at the two amendments.  He voiced concern in                     
giving authority to the advisory board.  He thought there                      
might be a violation of Title 29.  He said the board had                       
been trying to work with community councils to overcome this                   
problem.  Senator Parnell concurred with Senator Donley and                    
noted they shared one community council.  He felt it was not                   
so much a problem with the ABC board but rather with the                       
assembly not taking into consideration neighborhood                            
concerns.  Senator Pearce said she shared the same concern                     
of Mr. Griffin.  When her community council sees the word                      
"alcohol" they vote "no".                                                      
                                                                               
Senator Phillips also concurred.  He said usually the owner                    
showed up at the meetings and explained what they wanted to                    
do.  There followed some miscellaneous conversation between                    
Senators Pearce and Phillips as to the different community                     
councils.                                                                      
                                                                               
Co-chair Sharp noted there was still OBJECTION to the                          
amendment and asked the roll be called.  By a roll call vote                   
of 3 yeas (Donley, Parnell, Phillips) and 4 nays (Sharp,                       
Pearce, Torgerson, Adams) amendment #4 FAILED>                                 
                                                                               
Senator Donley MOVED amendment #5.                                             
                                                                               
(Tape #109, Side A switched to Side B.)                                        
                                                                               
By a roll call vote of 2 yeas (Donley, Phillips) and 5 nays                    
(Sharp, Pearce, Torgerson, Adams, Parnell) the amendment                       
FAILED.                                                                        
                                                                               
Senator Donley MOVED amendment #6.  Senator Pearce OBJECTED                    
and following a brief explanation of the amendment by                          
Senator Donley WITHDREW her objection.  WITHOUT OBJECTION                      
amendment #6 was ADOPTED.                                                      
                                                                               
Senator Donley MOVED amendment #7.  Senator Donley explained                   
that this was a modified amendment #3.   It would still                        
remain status quo leaving the membership at five members.                      
Line nine would delete "2" and insert  "1".  Line thirteen                     
would delete "3" and insert "4".  Section 2 would be                           
deleted.  Senator Pearce OBJECTED and asked for comments by                    
Mr. Griffin.  He said it was difficult to respond to this                      
and noted the vacancy in public member ship is unfortunate.                    
He felt the board had dealt with most issues with great                        
unanimity, especially concerning issues of sanctions against                   
licensees.  He felt the board had listened to neighborhoods                    
and wanted to be on record in saying that he felt the board                    
had been very responsive.  He told the committee that                          
whenever there was a tie vote he had the authority to be the                   
breaking vote.                                                                 
                                                                               
Senator Torgerson asked when the terms of the two members                      
engaged in the industry would expire?  Mr. Griffin said one                    
ran until the year 2000 or 2001 and the other expired next                     
year.  Senator Torgerson said he would support the amendment                   
if a transition clause were included that whenever a vacancy                   
occurred the public member be appointed.  Senator Donley                       
concurred and moved technical correction to the amendment                      
that the existing members would serve out their terms and                      
the drafters put in a new transition clause.                                   
                                                                               
In response to a query from Senator Pearce Mr. Griffin                         
advised that when he voted to break a tie he always voted                      
his conscience.                                                                
                                                                               
Senator Pearce WITHDREW her objection and WITHOUT OBJECTION                    
amendment #7 was ADOPTED.                                                      
                                                                               
Senator Torgerson MOVED CSSB 233(FIN).  Senator Adams                          
OBJECTED.  By a roll call vote of 6 yeas (Sharp, Pearce,                       
Donley, Torgerson, Parnell, Phillips) and 1 nay (Adams) CSSB
233(FIN) was REPORTED OUT with individual recommendations                      
and a zero fiscal note from the Department of Revenue, ABC                     
Board.                                                                         
                                                                               
                                                                               
Co-chair Sharp called SB 332.                                                  
                                                                               

Document Name Date/Time Subjects