Legislature(2001 - 2002)
05/05/2001 08:49 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 132(2nd RLS)efd am-ALCOHOL:LOCAL OPTION/DWI/LICENSING
REPRESENTATIVE ROKEBERG presented the bill on behalf of the House
Judiciary Committee. He explained that CSHB 132(2nd RLS)efd am
gives the Alcohol Beverage Control (ABC) Board permission to
require fingerprints of applicants for liquor license applications
and makes provisions for cutting down on the bootlegging activities
by restricting the amount of presumed alcohol in the hard liquor
form from 12 to 6 liters of hard alcohol that can be brought into a
"damp" area. It also increases the penalty for mailing or shipping
liquor to dry areas to include an attempt to import liquor into a
"damp" area. The final change in the bootlegging part of the bill
is the establishment of delivery sites for the receipt of and the
importation of alcohol beverages into a "damp" community.
Currently, the city of Barrow operates one quite successfully.
This bill will allow the state to operate them in Bethel and
Kotzebue, part and parcel with a $1.5 million federal grant to cut
down on bootlegging. In addition, because of timing issues, the
House decided to add the .08 blood alcohol level (BAC) provision
stand alone and the look-back from CSHB 4(FIN)am. He offered to
answer questions.
SENATOR THERRIAULT asked about the fiscal impact of adding the .08
BAC provision to the bill.
REPRESENTATIVE ROKEBERG thought the amount was $197,000. He
suggested directing the question to Mr. Guaneli.
CHAIRMAN TAYLOR said he noted that the phrase, "within 10 years
preceding the date of a present offense" was deleted from AS
28.35.030(o) on page 10. He asked if that refers to a driving
while under the influence (DUI) offense.
REPRESENTATIVE ROKEBERG said, "No, that's part of the look-back,
Mr. Chairman."
CHAIRMAN TAYLOR asked if, because the 10 years was deleted, the
look back provision would apply forever.
REPRESENTATIVE ROKEBERG said it contains the language from HB 4 so
he would have to defer to the drafter for an answer. He then said
it is a phase in of the look back.
MS. SEITZ explained the phrase, "within 10 years preceding the date
of the present offense" because, as Representative Rokeberg says,
we are phasing in a ten-year look back with a date certain of
January 1, 1996.
CHAIRMAN TAYLOR said that is clarified in Section 14 on page 11.
REPRESENTATIVE ROKEBERG said that helps with the fiscal note.
SENATOR DONLEY pointed out the Department of Corrections' fiscal
note does not specify the fund source. He asked that information
be provided before the bill is heard by the Senate Finance
Committee.
CHAIRMAN TAYLOR referred to Section 22(2) on page 12 and asked if
that is the impairment section as it drops the .05 BAC to 04.
REPRESENTATIVE ROKEBERG said there was a spread between .05 and .1.
CHAIRMAN TAYLOR said he didn't note any rewriting of the entire
code as was done with HB 4, for example changing the word
"intoxicated" to "under the influence."
REPRESENTATIVE ROKEBERG replied, "This is the light version."
Number 1198
MR. DEAN GUANELI, Assistant Attorney General, Department of Law
(DOL), said the Administration strongly supports HB 132. This bill
accomplishes many of the goals that DOL set out to accomplish, the
.08 BAC being one of the goals. He said regarding Chairman
Taylor's question about deleting the 10 year look back language,
that particular definition applies to second offenders. To be
considered a second offender under current law, the person would
have had to committed the first offense within 10 years. The new
language removes the 10 year limit.
MR. GUANELI said he believes this bill makes meaningful changes to
the laws involving alcohol in rural Alaska. It cuts in half the
allowable limit that people can possess in "damp" areas, places
where the sale of alcohol is prohibited but importation is allowed.
Right now, a person can possess 12 liters of hard liquor, 24 liters
of wine, plus 12 gallons of beer. The profit margin in bootlegging
is in hard liquor so cutting that presumptive level in half is an
important step, an act was recommended by the Criminal Justice
Assessment Commission.
CHAIRMAN TAYLOR asked if the presumptive level is being cut in half
for the second offender.
MR. GUANELI clarified that it pertains to areas where alcohol is
allowed to be imported but not sold. He noted only the amount of
hard liquor was cut in half because there was some concern on the
House side that a person should be allowed to possess the current
limit.
MR. GUANELI said DOL believes it is important to change some
definitions so that anyone who attempts to send liquor to a "damp"
area and is intercepted would be treated as if the liquor had
actually arrived, a class C felony. Under current law, if the
liquor doesn't arrive, the sender can only be charged with an
attempt, a class A misdemeanor. DOL does not believe that the
charge should be less because good police work stopped the
shipment.
MR. GUANELI said after receiving a $1.4 million grant for alcohol
interdiction and reviewing the issue further, he feels it is
appropriate to go one step further. At present, a municipality in
a damp area can designate a site where all of the alcohol shipped
to the area must go so that the municipality can guarantee package
stores are not shipping more than the monthly legal amount.
However, a bootlegger could place orders from multiple stores.
Barrow has designated a site and put out a contract. All liquor is
funneled into that area, where it and the recipient's
identification are checked. That procedure has cut back on the
amount of bootlegged liquor in Barrow. In some areas of the state,
communities do not have the money or political will to establish a
similar procedure so the question is, why shouldn't the state? The
state spends millions of dollars to counteract the effects of
alcohol in many places in rural Alaska. CSHB 132(2nd RLS)efd am
provides the statutory authority that allows the state to operate a
delivery site.
CHAIRMAN TAYLOR commented a community would have to vote to be
either damp or dry for bootlegging to occur. He asked if the state
would be spending money to run a checkpoint for those people who
are shipping liquor into their community.
MR. GUANELI said that is the basic idea. He clarified that it is
illegal to ship any alcohol into dry communities so this provision
would only apply to damp communities.
CHAIRMAN TAYLOR asked if a bootlegger would ship to that checkpoint
voluntarily.
MR. GUANELI said that is correct. Right now any orders shipped
from a package store must contain a label specifying what and the
amount of the product. In Barrow, someone checks the labels to
make sure the recipient hasn't exceeded his or her monthly
allowance.
SENATOR DONLEY asked what the public policy reason is to set the
limits in statute.
Number 777
MR. GUANELI said when sale is banned but possession and importation
is allowed, some level had to be established to prevent people from
having huge storehouses from which to sell. Recognizing that
bootlegging did exist in those areas, those limits were set. The
limits were designed to provide an amount to allow for social
drinking but not too much to sell. The feeling is that the amount
of hard liquor is too much. This has existed in state law for a
number of years.
SENATOR DONLEY thought the limits were set quite high and that
bootlegging could take place within those parameters.
MR. GUANELI agreed and said that is why the amount of hard liquor
was cut in half.
CHAIRMAN TAYLOR said he appreciates the efforts behind this
legislation and hopes it work. He expressed concern that the bill
is based on voluntary activities.
MR. GUANELI said if someone circumvents the delivery site, the
offense would be a misdemeanor. He noted he has discussed this
measure with Representatives Kapsner and Joule. They are excited
about the idea and feel it can't hurt.
CHAIRMAN TAYLOR wondered how tough things would have to get in
Juneau before a checkpoint program could be imposed.
SENATOR DONLEY said these communities have had a popular vote to
impose such a program.
CHAIRMAN TAYLOR said he finds it fascinating that the committee can
so easily sit back and consider these things as if it is them, not
us. He announced that he would hold CSHB 132(2nd RLS)efd am in
committee until tomorrow. He assured participants he was only
holding the bill for the purpose of accommodating others who are
interested in amending it. He then took up HB 179.
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