Legislature(2007 - 2008)BELTZ 211
03/26/2008 01:30 PM Senate JUDICIARY
Audio | Topic |
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Start | |
Alaska Public Offices Commission Confirmation | |
SB235 | |
SB183 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
+= | SB 235 | TELECONFERENCED | |
+ | SB 183 | TELECONFERENCED | |
+ | TELECONFERENCED |
SB 235-ALCOHOL: LOCAL OPTION/LICENSING/MINORS 1:43:13 PM CHAIR FRENCH announced the consideration of SB 235 and noted that there is a committee substitute. SENATOR WIELECHOWSKI moved to adopt committee substitute (CS) for SB 235, 25-GS2035\M, Luckhaupt, as the working document. CHAIR FRENCH objected for discussion purposes. He said there were three changes since the last discussion of the bill. The CS takes a precautionary step and removes the manslaughter provision because it was difficult to predict how it would be used. Since there are already laws about over serving alcohol to people, the language didn't seem necessary. There was much discussion on how to handle a licensee that incurs a lot of violations. Now there is no penalty; the only way to go after a licensee is to take their license away. Page 2 Section 3, provides a flat $1,000 for each violation. Testimony showed that many licensees can serve thousands of customers and not incur a single violation, but the Alcoholic Beverage Control Board (ABC) indicates that other licensees incur lots of violations. The flat $1,000 fine is reasonable and simpler than adopting a complex escalating series of fines. 1:45:49 PM CHAIR FRENCH explained that the last change is on page 4, subsections (i) and (j). The definition of "previously convicted" was adopted on advice from the Legislative Legal and Research Services Division. Otherwise the bill is much the same. He removed his objection and asked if there was further objection. SENATOR THERRIAULT asked if the language dealing with mandatory minimum sentences for bootlegging is in this version. CHAIR FRENCH replied that's in Section 5 and it's unchanged. It adopts a scheme that's similar to a DWI. SENATOR THERRIAULT asked to what offense the C felony applies. CHAIR FRENCH said that page 3, paragraph (3) provides a C felony for bootlegging, and the next section spells out the term of imprisonment for that crime. SENATOR THERRIAULT said he has no objection. CHAIR FRENCH said that public testimony was closed at the previous hearing so the people who want to articulate their views with respect to this CS can do so before the finance committee. Unfortunately, part and parcel of a 90-day session is the need to keep things moving, he said. 1:48:14 PM SENATOR WIELECHOWSKI motioned to report, Version \M, [SB 235] from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection CSSB 235(JUD), 25- GS2035\M, is moved from the Senate Judiciary Committee.
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