Legislature(2009 - 2010)BELTZ 105 (TSBldg)
03/16/2010 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB264 | |
| SB261 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 264 | TELECONFERENCED | |
| + | SB 11 | TELECONFERENCED | |
| + | SB 261 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 261-ALCOHOLIC BEVERAGE CONTROL BD MEMBERS
1:52:11 PM
CHAIR PASKVAN announced SB 261 to be up for consideration. He
moved to bring the committee substitute (CS) for SB 261 (), 26-
LS1406\E, before the committee. There were no objections and it
was so ordered.
1:53:24 PM
TIM BENINTENDI, staff to Senator Olson, sponsor of SB 261, said
this measure would respond to an array of alcohol related
problems particular to small communities in rural Alaska. Such
problems are well known, but wellness services cannot keep up
with, let alone contain, the adverse impacts of small town
alcohol consumption.
He said they feel the need is at hand to raise the profile of
this particular dimension to the problem of alcohol in Alaska by
bringing it into a public forum where more specific attention
and action could be brought to address the issue.
He said the state's Alcoholic Beverage Control (ABC) Board is
composed of five members, two of whom must be actively engaged
in the alcoholic beverage industry and three who must represent
the general public. Currently, SB 261 would refine one of the
public member seats to be a resident of a rural area. This is
where the CS diverges from the original bill that established a
population figure of 4500 in defining rural areas and further
said that applicants must be from communities that are not
accessible by road or rail system to Anchorage or Fairbanks.
MR. BENINTENDI explained that in the State Affairs Committee a
couple of questions came up about that definition. Someone asked
about a resident of Auke Bay. The short answer was that Auke Bay
is within a borough that has resources as well as being a place
name in the Juneau area. The CS modifies the definition of rural
area by deleting the population criteria and adding that the
applicants' community would have had to have participated in a
local option election under AS 04.11.491. It was felt that was a
stronger way to identify communities with these acute alcohol
problems.
In short, he said, the tightened definition of community now
includes the small municipalities and adds the provision that
the applicants' community could be an established village under
AS 04.21.080, which would bring in communities in the
unorganized borough. It includes all so-called hub communities,
which was Representative Herron's intention when he recommended
the provision. Mr. Benintendi said the sponsor was comfortable
with the definition. It suits the purpose of the bill, doesn't
put anybody out and passes legal muster.
SENATOR BUNDE said the fiscal note is zero because the board
currently has a rural resident, and asked if that member would
meet the criteria of the CS.
MR. BENINTENDI answered that member happened to be a gentleman
from Cordova, but he was a Governor's appointment and not a
designated seat. Right now, the three general public seats are
not further defined.
1:58:55 PM
SENATOR BUNDE remarked that would make two-thirds of the seats
urban Alaskan and one-third rural, and he asked if that somehow
follows the general populations of these areas.
MR. BENINTENDI replied that he didn't think the intent was to
follow a population dynamic but to provide for the small
communities. However, he said he didn't know what portion of
their populations would be represented in the overall state
population.
SENATOR BUNDE stated that he would hate to think one seat would
be designated to a relatively small population and would feel
more comfortable if Mr. Benintendi could look at those numbers
and find some balance.
CHAIR PASKVAN said there is a rural seat was being filled
informally now and he thought the intent, appropriately, was to
reflect that informal nature.
SENATOR BUNDE said his concern was that they would carve out a
small enough niche that 100 people would have one seat and that
600,070 would have two seats; then fairness would become an
issue.
2:01:23 PM
BERDA WILLSON, Chairperson, Kawerak Regional Wellness Forum,
Nome, AK, said she had seen the ravages of alcohol and other
substance abuse in rural Alaska. She said the Forum works
closely with all other agencies on wellness and safety issues.
She mentioned the high rates of suicide in her area are possibly
the highest in the nation and according to the police, alcohol
is involved in 90 percent of the cases. It is accompanied by
child abuse and domestic violence. Ms. Willson said they want a
voice on the ABC board that understands the real problems of
rural Alaska where most of the villages are dry, but alcohol is
still sold.
SENATOR BUNDE said the ABC board currently has a rural resident
and asked if she wanted a northwestern resident specifically.
MS. WILLSON answered yes, and pointed out that he was looking at
the whole population, but she was looking at the lives that are
lost or damaged, accidents and violence.
2:08:42 PM
SENATOR BUNDE thanked her for her work on the safety patrol and
said that he understood that safe patrol and bootlegging
problems were local implementation issues. He wanted a better
grasp of what she thought the ABC Board could and would do to
help with this problem if this bill passed.
MS. WILLSON answered that they could do more stings, for
instance, and at times like 5 a.m. in the morning or provide
more undercover agents. For instance she was talking to some of
the patrolmen who were on patrol last night who said they had to
go into the bars and escort overly intoxicated people out, but
she thought that was the role of the bars.
SENATOR BUNDE said it is currently against the law to serve
someone who is intoxicated. He was wondering what new laws they
might come up with if this bill passes.
MS. WILLSON answered that she would be happy if the current laws
were complied with. She said the Board conducted a sting up in
Nome and cited one establishment, but she heard that instead of
closing the establishment immediately they let it stay open
through Iditarod so it wouldn't lose money, and then closed it.
2:11:26 PM
SHIRLEY GIFFORD, Director, Alcoholic Beverage Control Board,
Alaska Department of Public Safety (DPS), said she had every
intention of going to Nome and talking with Ms. Willson's group.
She said that she had spent some time in Nome as interim chief
and it was the eye opener for her in terms of experience in
rural Alaska as she had served most of her career in Anchorage
where she finished her career as captain of detectives. She
mentioned that she had also spent time in Soldotna as the Chief
of Police.
MS. GIFFORD said as director of the ABC Board that she was
neutral on SB 261, only because the board already had a rural
member, Belen Cook, who does a tremendous job. Ms. Cook took her
place when she left the board to become the director.
CHAIR PASKVAN asked if it was fair to say that while she is
neutral as the director that it is a good thing that a rural
member sits on the board.
MS. GIFFORD answered yes. Life is very different in the Bush
than it is in the urban communities, but she also agreed that
this is not the last or the greatest tool for the problems that
are occurring in rural Alaska. She said that Nome is a focus for
the Board, and they will continue to do compliance checks there
and listen to what the needs are using the four investigators
that she has. She added that she depends on local and state
police to assist them in enforcing Title 4 and 13 AAC
regulations.
SENATOR BUNDE thanked her for her past service and the courage
she displayed in taking on alcohol problems in Alaska and asked
what the board would do differently if this bill passed.
MS. GIFFORD answered that the board wouldn't do anything
differently, because it already has rural representation, and
her voice is getting stronger the more experience she gets and
they will continue doing compliance checks.
She said mandating a rural member would not be a fix-all, but it
might make people feel a little bit better knowing they are
represented. She said the bootlegging issues are dealt with by
the State Troopers and the Board's focus is on how the licensees
follow the laws and 90 percent of them are doing the right
thing.
MR. BENINTENDI responded to Senator Bunde's earlier concern
about delegating one seat to a small population by explaining
that in modifying the definition of a rural area for the CS,
they did ensure that all of the so-called regional hubs would be
hooked in. For example, in the original version a resident from
Bethel would not be eligible to apply for that seat, but once
the definition was changed a Bethel person would be eligible. He
estimated that it might broaden the base of applicants to about
20 percent of the state's population, not just a couple hundred.
He also remarked that while there has been a history of rural
residents sitting on the board, this measure would ensure that
at least one seat would be for a rural resident.
2:21:14 PM
CHAIR PASKVAN closed public testimony and found no discussion.
SENATOR MEYER moved to report CSSB 261 (), version E, from
committee with individual recommendations and attached zero
fiscal note(s).
SENATOR BUNDE objected. He explained that he was not against
having more enforcement of alcohol problems throughout the state
particularly in rural areas, but the state already has laws on
the books that would solve these problems if they had the people
to do the enforcement. He thought that maybe the focus for them
should be on enforcement and not on what he thought was an
illusionary effort. He didn't see anything being done
differently, and he harbored a great concern for a possible
downside that they would pass a law that really has minimal or
no impact and the public becomes discouraged because they
thought something would get better.
2:23:49 PM
A roll call vote was taken. Senators Davis, Meyer and Paskvan
voted yea; Senator Bunde voted nay; so therefore, CSSB 261 (L&C)
moved from committee.
2:24:26 PM
CHAIR PASKVAN took an at ease from 2:24 p.m. to 2:28 p.m.
2:28:49 PM
CHAIR PASKVAN called the meeting back to order at 2:28 and said
that Senator Davis asked to withdraw SB 11 from today's agenda.
2:30:02 PM
Finding no further business to come before the committee, Chair
Paskvan adjourned the meeting at 2:30 p.m.
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