02/15/2006 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) || Commissioner, Department of Commerce, Community, & Economic Development || Alcoholic Beverage Control Board | |
| HB338 | |
| HB402 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 338 | TELECONFERENCED | |
| *+ | HB 402 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 15, 2006
3:32 p.m.
MEMBERS PRESENT
Representative Tom Anderson, Chair
Representative Bob Lynn
Representative Norman Rokeberg
Representative Harry Crawford
Representative David Guttenberg
MEMBERS ABSENT
Representative Pete Kott
Representative Gabrielle LeDoux
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Commissioner, Department of Commerce, Community, & Economic
Development
Bill Noll - Juneau
- CONFIRMATION(S) ADVANCED
Alcoholic Beverage Control Board ("ABC Board")
Billy (William) Andrews - Anchorage
Gail M. Niemi - Juneau
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 338
"An Act relating to applications, qualifications, and criminal
history and background checks for a certificate of fitness for
explosives handlers; and providing for an effective date."
- MOVED CSHB 338(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 402
"An Act relating to marriage brokers and advertisers and to
dating and social referral services."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 338
SHORT TITLE: CERTIF. OF FITNESS FOR EXPLOSIVE HANDLERS
SPONSOR(s): REPRESENTATIVE(s) CHENAULT, LYNN
01/09/06 (H) PREFILE RELEASED 12/30/05
01/09/06 (H) READ THE FIRST TIME - REFERRALS
01/09/06 (H) L&C, FIN
01/18/06 (H) L&C AT 3:15 PM CAPITOL 17
01/18/06 (H) Heard & Held
01/18/06 (H) MINUTE(L&C)
01/27/06 (H) L&C AT 3:15 PM CAPITOL 17
01/27/06 (H) Heard & Held
01/27/06 (H) MINUTE(L&C)
02/15/06 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 402
SHORT TITLE: MARRIAGE BROKERS AND ADVERTISERS
SPONSOR(s): REPRESENTATIVE(s) KERTTULA
01/27/06 (H) READ THE FIRST TIME - REFERRALS
01/27/06 (H) L&C, JUD, FIN
02/15/06 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
BILL NOLL, Commissioner
Department of Commerce, Community, & Economic Development
Juneau, Alaska
POSITION STATEMENT: Testified as appointed commissioner of the
Department of Commerce, Community, & Economic Development
(DCCED).
BILLY (WILLIAM) ANDREWS, Appointee
to the Alcoholic Beverage Control Board ("ABC Board")
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alcoholic
Beverage Control Board ("ABC Board").
GAIL M. NIEMI, Appointee
to the Alcoholic Beverage Control Board ("ABC Board")
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alcoholic
Beverage Control Board ("ABC Board").
LALANYA SNYDER, Staff
to Representative Mike Chenault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided opening statement on HB 338 on
behalf of Representative Chenault, one of the prime sponsors.
TOM BRICE
Alaska District Council of Laborers
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 338.
GREY MITCHELL, Director
Central Office
Division of Labor Standards & Safety
Department of Labor & Workforce Development (DLWD)
POSITION STATEMENT: Testified during hearing on HB 338.
CLIFF HUSTEAD, Chief,
Consultation & Training
Occupational Safety & Health
Department of Labor Standards & Safety
Department of Labor & Workforce Development (DLWD)
POSITION STATEMENT: Testified during hearing on HB 338.
REPRESENTATIVE BETH KERTTULA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as the sponsor of HB 402.
SARALYN TABACHNICK, Executive Director
Aiding Women in Abuse & Rape Emergencies, Inc. (AWARE, INC)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 402.
HANNAH MCCARTY, Staff
to Representative Beth Kerttula
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during hearing on HB
402.
ACTION NARRATIVE
CHAIR TOM ANDERSON called the House Labor and Commerce Standing
Committee meeting to order at 3:32:48 PM. Representatives
Guttenberg, Crawford, Rokeberg, and Anderson were present at the
call to order. Representative Lynn arrived as the meeting was
in progress.
^CONFIRMATION HEARING(S)
^Commissioner, Department of Commerce, Community, & Economic
Development
^Alcoholic Beverage Control Board
CHAIR ANDERSON announced that the first order of business would
be the confirmation hearings on the appointment of Bill Noll as
commissioner of the Department of Commerce, Community, &
Economic Development (DCCED), and the appointments to the
Alcoholic Beverage Control Board ("ABC Board").
3:33:40 PM
BILL NOLL, Commissioner, Department of Commerce, Community, &
Economic Development (DCCED), began by explaining the three
different divisions of the department. He pointed out that the
department has a "broad mandate," which covers insurance,
banking, and securities, in addition to community issues and job
development.
3:35:30 PM
CHAIR ANDERSON remarked that he is not in support of the
confirmation process, as it takes up the commissioners' and the
committees time. He noted that questions may be more
appropriate for the [Commerce, Community & Economic Development
Finance Subcommittee], and directed members to contact the chair
of the aforementioned subcommittee for additional information.
REPRESENTATIVE ROKEBERG replied that he feels it is "very
appropriate" for the commissioner to come before the House Labor
and Commerce Standing Committee. He commented that
[Commissioner Noll] has done a "great job".
COMMISSIONER NOLL, in response to a question, said that the
state's economy is doing well. This is, he said, due in part to
high oil prices. The states natural resources are "up," which
may lend a note of optimism to the problems regarding rural
energy. He said that the state had $3.6 billion in exports for
2005, and $3.2 billion in 2004, which shows a significant
increase. Of the 2005 exports, $2 billion was from fish
exports, which is up from 2004, when fish exports represented
$1.7 billion. He noted that the current administration has
focused on this area, allocating $50 million to marketing and
capital equipment. In Bristol Bay, he said, there was a time of
"great duress," during which it was possible to purchase a
fishing permit for $14,000. The price of these permits has
since increased to $80,000, which greatly helps the families and
individuals in the area. He stated that the DCCED intends to
continue this "push" in 2006, in an effort to "cement" the
fishing industry as a large employer.
REPRESENTATIVE CRAWFORD asked if the 2005 exports excluded oil
and gas revenue.
COMMISSIONER NOLL replied that the $3.6 billion excludes oil,
which is not exported. However, it does include [natural gas
liquids (NGL) exports], which is close to $200 million.
REPRESENTATIVE CRAWFORD asked if the total exports are to
foreign countries.
3:39:18 PM
COMMISSIONER NOLL replied that this is correct. In response to
an additional question, he stated that the gross state product
is $33 billion.
3:40:15 PM
BILLY (WILLIAM) ANDREWS, Appointee to the Alcoholic Beverage
Control Board ("ABC Board"), began by giving a brief history of
his time on the ABC Board. He pointed out that he moved to
Alaska in 1974 and worked in the Federal Bureau of Investigation
(FBI) office in Anchorage before taking a position with the
state. Currently, he said, he is the security manager for BP.
REPRESENTATIVE ROKEBERG noted that during a recent meeting of
the ABC Board an application for a beverage dispensary license
was denied. He asked why this occurred.
MR. ANDREWS replied that the aforementioned licensee was a
restaurant in Valdez. He explained that a background review
revealed a history of domestic violence and several driving
under the influence (DUI) charges. He said that the applicant
had not attended any rehabilitation programs for alcohol or
anger management. He explained the ABC Board's view that, while
the applicant had been removed from the license and planned for
his spouse to take over the business, he would remain as part of
the management of the business, therefore, the license was not
granted.
REPRESENTATIVE ROKEBERG asked if this was a license renewal or a
new license application.
MR. ANDREWS replied that it was for a license renewal.
REPRESENTATIVE ROKEBERG inquired as to the length of time since
the applicant's last criminal charge.
MR. ANDREWS surmised that it was between [5-10 years].
REPRESENTATIVE ROKEBERG commented that this is a significant
issue, and the decisions made by the ABC Board have an impact on
businesses. He pointed out a recent incident at Hacienda
Mexican Restaurant in Anchorage, involving the sale of alcohol
to a minor. He inquired as to the length of the disciplinary
action and if this was the restaurant's first offence.
MR. ANDREWS replied that although the restaurant was given a
length of 15 days during which no alcohol could be sold, he
would have preferred it to be 30 days. He said the restaurant
had no prior offenses.
REPRESENTATIVE ROKEBERG asked if the offense was a result of a
federally funded "sting operation."
MR. ANDREWS replied that he does not know from where the funding
came. He pointed out that the owner of the business sold the
alcohol to the minor and did not ask to see identification. He
stated that, in his opinion, this is something that the ABC
Board will not tolerate.
REPRESENTATIVE ROKEBERG asked if the ABC Board heard any
testimony on the impact the 15 days would have on the business.
MR. ANDREWS replied that the owner testified that it would not
run him out of business, and the restaurant did serve food
during the 15 days.
CHAIR ANDERSON inquired as to the status of the application by a
coffee shop in downtown Anchorage for a license to continue
serving beer and wine. He noted that there was a question
regarding whether the aforementioned establishment fits the
statutory definition of a "food service establishment," and
asked if the ABC Board is looking into a compromise.
MR. ANDREWS responded that the ABC Board has done some research
into this issue. He said that Doug Griffin of the ABC Board met
with the Cabaret, Hotel, Restaurant, and Retailers Association
(CHARR), and CHARR's recommendations were passed along. He
offered his understanding that this application is currently
under legal review and is on the agenda for the next meeting of
the ABC Board.
3:48:26 PM
GAIL M. NIEMI, Appointee to the Alcoholic Beverage Control Board
("ABC Board"), began by stating that she has been a member of
the ABC Board for three years as an industry representative.
She informed the committee that she and her spouse own the
Sandbar in Juneau. In response to an earlier question, she
explained that the incident at [Hacienda Mexican Restaurant in
Anchorage] involved the sale of alcohol to a 15-year-old girl.
The main issue of the ABC Board was that the pictures taken
clearly showed that the individual in question was under age.
REPRESENTATIVE ROKEBERG asked what the typical punishment is for
a first-time offender that serves alcohol to a minor.
MS. NIEMI replied that in her three years on the board, she has
not seen any other issues of this type. She stated that
generally, the "sting operations" result in an employee
committing the offense. In these cases, the employee is cited
by the ABC Board. However, the incident in question involved
the sale of alcohol to the minor by the license holder. In
regard to the coffee shop wishing to sell beer and wine, she
opined that this is a "slippery slope." The food that was
offered, she said, was cold hors d'oeuvres, and added that the
statutes specify that in order for an establishment to have a
beer and wine license, the purpose of patronizing the
establishment must be for food. She opined that this is an
"intriguing idea," but would require different guidelines.
CHAIR ANDERSON agreed that this is a "slippery slope," although
he opined that the concern that bars would lose business is
unfounded.
REPRESENTATIVE ROKEBERG noted that there is a "menu review"
provision in statute, although "meal" is not defined. He opined
that this should be changed.
MS. NIEMI, in regard to an earlier question regarding a Valdez
business, explained that the two industry representatives on the
ABC Board voted in favor of granting the license, as the
offenses in question occurred 10 years prior. She opined that
this is a "good amount of time" [for change]. However, the
majority of the ABC Board members felt that the license should
not be granted.
3:53:42 PM
REPRESENTATIVE ROKEBERG asked for clarification that there were
no other offenses in the past 10 years.
MS. NIEMI replied that in 1997, the applicant had a child
support payment issue. She opined that this is a difficult
industry, and expressed her feeling that, after 10 years he
should not have been denied his license.
REPRESENTATIVE ROKEBERG asked for confirmation that it was the
spouse of the individual in question who was applying for the
license.
MS. NIEMI replied that the applicant originally requested that
the license be transferred to him; however, the board denied the
transfer. After this, the application was resubmitted under a
corporation with his spouse, while he remained the active
manager. This request was also turned down. One recommendation
that was made suggested that the applicant request a letter on
his behalf from the Valdez Police Department as this may have
greater impact on the members of the ABC Board.
REPRESENTATIVE ROKEBERG asked Ms. Niemi's views regarding two
members with law enforcement background on the ABC Board.
MS. NIEMI replied that the law enforcement background is
"extremely valuable," and these members have practical
experience regarding the issues that come before the board.
REPRESENTATIVE GUTTENBERG opined that Ms. Niemi has put a lot of
thought into the issues and noted his appreciation.
CHAIR ANDERSON moved to advance the confirmations of
Commissioner Bill Noll to the Department of Commerce, Community,
& Economic Development, along with Billy Andrews and Gail Niemi
to the Alcoholic Beverage Control Board ("ABC Board"), to the
joint session for consideration. He noted that each member's
signature on the committee report does not reflect the member's
vote during the joint floor session. There being no objection,
the confirmations were advanced.
HB 338-CERTIF. OF FITNESS FOR EXPLOSIVE HANDLERS
CHAIR ANDERSON announced that the next order of business would
be HOUSE BILL NO. 338, "An Act relating to applications,
qualifications, and criminal history and background checks for a
certificate of fitness for explosives handlers; and providing
for an effective date."
3:59:02 PM
LALANYA SNYDER, Staff to Representative Mike Chenault, Alaska
State Legislature, sponsor, informed the committee that since
the last hearing on HB 338, some of the member's concerns have
been discussed and a committee substitute (CS) has been drafted
to address these concerns.
4:00:09 PM
REPRESENTATIVE CRAWFORD moved to adopt CSHB 338, Version 24-
LS1380\G, Mischel, 2/11/06, as the working document. There
being no objection, Version G was before the committee.
REPRESENTATIVE CRAWFORD stated that he had concerns regarding
the "default point" for a felony being set at 10 years. He
opined that the [10-year time period] did not achieve what the
[Department of Labor & Workforce Development (DLWD)] intended.
He explained that the CS gives the department the ability to
check fingerprints for terrorist watch. He referred to Section
4 of the CS, which read:
(b) The department shall establish in regulation
standards of competency based on training, experience,
criminal history and background checks, and physical
fitness for the issuance of a certificate of fitness.
REPRESENTATIVE CRAWFORD said " ... I believe that takes into
consideration all the ... concerns of the department and gets to
the crux of the bill."
4:02:19 PM
TOM BRICE, Alaska District Council of Laborers (ADCL), explained
that the ADCL is a union that represents many blasters. He
expressed support for HB 338.
4:03:16 PM
GREY MITCHELL, Director, Central Office, Division of Labor
Standards & Safety, Department of Labor & Workforce Development
(DLWD), in response to questions from Representative Rokeberg,
explained that the DLWD is currently working with members of the
industry in order to establish regulatory standards. He stated
that this provision allows the department to include the
affected parties in establishing what the standards need to be.
REPRESENTATIVE ROKEBERG surmised that if the department decided
to put a 10-year look back in the regulations, it could do so.
MR. MITCHELL replied that this is true.
REPRESENTATIVE CRAWFORD stated his understanding that the 10-
year look back would not be used as a benchmark.
REPRESENTATIVE ROKEBERG asked for more detail regarding the
nature of the regulations.
MR. MITCHELL replied that the Bureau of Alcohol, Tobacco &
Firearms has established "pretty good" guidelines, which provide
a good framework. He opined that by using the industry
information given during the regulation process, the end result
will be "good."
4:05:27 PM
CLIFF HUSTEAD, Chief, Consultation & Training, Department of
Labor Standards & Safety, Department of Labor & Workforce
Development (DLWD), commented that the regulations will address
any concerns.
REPRESENTATIVE LYNN asked if the regulations would cover
concerns regarding Version 24-LS1380\A.
MR. MITCHELL answered that this is correct. In response to
additional questions from Representative Lynn, he explained that
the department would look at different types of felonies in
order to decide which felonies would create the most concern.
He added that some felonies may require a longer [look back]
time than others, and this will allow the department to narrow
which felonies may create a problem. This will allow the
department flexibility in order to protect public safety in a
more complete way.
REPRESENTATIVE LYNN asked what kind of felony reflects a
"responsible individual."
MR. MITCHELL replied that the department is looking at felonies
involving violence against individuals or property.
CHAIR ANDERSON mentioned an example of an individual who hunted
without a license, which for a one-year period was considered a
felony. However, now it is a misdemeanor. He commented that
this "is not like a rape or a murder."
REPRESENTATIVE LYNN expressed concern that all felonies indicate
irresponsibility on some level, adding that he would like to see
"very strict" regulations in order to "cover the issues."
MR. MITCHELL replied that the department will keep this in mind
[during the regulatory process].
4:08:36 PM
REPRESENTATIVE LYNN moved to report CSHB 338, Version 24-
LS1380\G, Mischel, 2/11/06, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 338(L&C) was reported from the House Labor
and Commerce Standing Committee.
HB 402-MARRIAGE BROKERS AND ADVERTISERS
[Contains brief mention of HB 148]
CHAIR ANDERSON announced that the final order of business would
be HOUSE BILL NO. 402, "An Act relating to marriage brokers and
advertisers and to dating and social referral services."
4:09:17 PM
REPRESENTATIVE BETH KERTTULA, Alaska State Legislature, sponsor,
began by stating that HB 402 deals with the growing trade of
[International Marriage Brokers (IMB)], which is often referred
to as "bride trafficking." This bill is intended to provide
foreign brides with information regarding the marital history
and criminal history of the client. In addition, the IMB must
provide information explaining the laws regarding domestic
violence and where victims can obtain assistance. There are,
she said, between 8,000 and 16,000 marriages per year as a
result of IMB's. A study has shown that the rate of domestic
violence in these marriages is close to 77 percent.
REPRESENTATIVE KERTTULA went on to say that her office has
worked with a woman in this situation, in addition to receiving
anonymous phone calls from women in similar situations. She
said that a growing number of states have passed legislation
dealing with these issues, in addition to a new National Act
which, when in effect, would not prohibit the states from taking
action.
4:11:33 PM
REPRESENTATIVE LYNN opined that this is a type of "informed
consent."
REPRESENTATIVE KERTTULA agreed and added that currently, women
from foreign countries, who oftentimes do not speak English, are
given minimal information. These women may be taken to isolated
areas where they do not have any other contacts prior to
realizing that the relationship [is abusive].
REPRESENTATIVE ROKEBERG, referring to page 3, line 22, of the
bill, asked if online dating websites, such as Match.com, would
be considered a "marriage broker or advertiser." He opined that
the wording may be too broad.
CHAIR ANDERSON opined that there is a "big difference" between a
marriage broker and an online dating service.
REPRESENTATIVE KERTTULA replied that HB 402 is intended to
effect women from outside of the US, adding that she would look
into this further.
4:15:06 PM
SARALYN TABACHNICK, Executive Director, Aiding Women in Abuse &
Rape Emergencies, Inc. (AWARE, Inc.), read from written
testimony as follows [original punctuation provided]:
I'm Saralyn Tabachnik, Executive Director of AWARE,
Aiding Women in Abuse & Rape Emergencies, here in
Juneau. I'm here to speak in support of House Bill
402, which serves to protect the safety and well being
of foreign brides, to prevent abusive U.S. citizens
from enticing foreign women into abusive
relationships, and ultimately to promote safe and
healthy marriages.
In the past year, AWARE staff has worked intensely
with two women who came to [Juneau, Alaska] as foreign
brides, and within a couple years, both experienced
domestic violence from their husbands. These women
are extremely vulnerable, have limited English
language skills, are without other resources in the
United States, and are unfamiliar with the United
States legal system. These are complex issues for
battered immigrant women who fear for their and their
children's safety and immigration status, particularly
when their only source of information is their abusive
husband.
Under this bill, foreign brides will receive, in their
native language, the marital history of their
potential spouse, a criminal history check including
incidents of civil protection orders, explanations
regarding marriage based immigration status, and
information about domestic violence and appropriate
interventions including crisis interventions.
I don't have enough information to say whether or not
the women served by AWARE could have avoided violent
relationships were this bill in place, however they
certainly would have been aware of the resources
available to them sooner. And providing foreign
brides with information they need and deserve, and
holding International Marriage Brokers to a standard
of safety and accountability, are critical components
for safety.
Within the Unites States, the federal Violence Against
Women Act of 2005 addresses International Marriage
Brokers and concerns for safety and access to
information for foreign brides. I am hopeful that the
Alaska Legislature will pass similar legislation this
session.
Thank you very much.
REPRESENTATIVE LYNN said that he strongly supports the concept
behind the bill. He asked when the information would be
provided to the potential bride.
MS. TABACHNICK expressed her understanding that the information
would be provided prior to coming to the United States.
REPRESENTATIVE LYNN asked if there would be proof of receipt for
this information.
REPRESENTATIVE KERTTULA replied that "Return Receipt Requested"
may be added, although the bill states that this information
"must" be provided, therefore a return receipt may not be
necessary.
CHAIR ANDERSON moved to adopt CSHB 402, Version 24-LS1432\G,
Mischel, 2/7/06, for discussion purposes. There being no
objection, Version G was before the committee.
CHAIR ANDERSON, referring to page 3, line 30, which adds a new
paragraph, inquired as to the intent of this section.
HANNAH MCCARTY, Staff to Representative Beth Kerttula, Alaska
State Legislature, noted that the aforementioned section was
added at the recommendation of David Brower, Assistant Attorney
General. She explained that this section adds marriage
brokering, advertising, dating, and social referral services to
the list of positions under which background information may be
obtained.
REPRESENTATIVE KERTTULA recalling an earlier question, agreed
that the language of the bill should be more specific in regard
to who is required to give background information. In addition,
she said, the bill is presently under the statutes which govern
occupational licensing. She opined that this language may be
more appropriate in the domestic violence statutes, adding that
Mr. Brower also suggested this.
REPRESENTATIVE KERTTULA, in response to comments, agreed that
the definition of "marriage broker or advertiser" should include
the phrase "outside of the United States." In addition, she
said, this should be changed in Section 1.
[HB 402 was held over.]
4:22:40 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:22:54 PM.
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