03/30/2006 01:30 PM House RULES
| Audio | Topic |
|---|---|
| Start | |
| SB210 | |
| SB186 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 210 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 186 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
March 30, 2006
1:38 p.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Chair
Representative John Coghill
Representative John Harris
Representative Vic Kohring
Representative Ethan Berkowitz
Representative David Guttenberg
MEMBERS ABSENT
Representative Lesil McGuire
COMMITTEE CALENDAR
SENATE BILL NO. 210
"An Act relating to the manufacture and transportation of
alcoholic beverages; relating to forfeitures of property for
violations of alcoholic beverage laws; and relating to
violations of alcoholic beverage laws."
- MOVED HCS SB 210(RLS) OUT OF COMMITTEE; ADOPTED A HOUSE
CONCURRENT RESOLUTION ALLOWING THE TITLE CHANGE
CS FOR SENATE BILL NO. 186(JUD)
"An Act relating to the Alaska Executive Branch Ethics Act; and
providing for an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 210
SHORT TITLE: VIOL. OF ALCOHOLIC BEV. LAWS/FORFEITURE
SPONSOR(s): SENATOR(s) THERRIAULT
01/09/06 (S) PREFILE RELEASED 12/30/05
01/09/06 (S) READ THE FIRST TIME - REFERRALS
01/09/06 (S) JUD, FIN
02/02/06 (S) JUD AT 8:30 AM BUTROVICH 205
02/02/06 (S) Moved SB 210 Out of Committee
02/02/06 (S) MINUTE(JUD)
02/03/06 (S) JUD RPT 3DP 1NR
02/03/06 (S) DP: SEEKINS, HUGGINS, THERRIAULT
02/03/06 (S) NR: FRENCH
02/15/06 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/15/06 (S) Heard & Held
02/15/06 (S) MINUTE(FIN)
02/17/06 (S) FIN RPT 4DP 1NR
02/17/06 (S) DP: GREEN, BUNDE, DYSON, STEDMAN
02/17/06 (S) NR: OLSON
02/17/06 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/17/06 (S) Moved SB 210 Out of Committee
02/17/06 (S) MINUTE(FIN)
02/22/06 (S) TRANSMITTED TO (H)
02/22/06 (S) VERSION: SB 210
02/24/06 (H) READ THE FIRST TIME - REFERRALS
02/24/06 (H) FIN
03/08/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/08/06 (H) Moved Out of Committee
03/08/06 (H) MINUTE(FIN)
03/09/06 (H) FIN RPT 4DP 4NR
03/09/06 (H) DP: HAWKER, FOSTER, MEYER, CHENAULT;
03/09/06 (H) NR: STOLTZE, KERTTULA, JOULE, KELLY
03/23/06 (H) RLS AT 1:30 PM CAPITOL 106
03/23/06 (H) Meeting postponed to 3/30/06
03/30/06 (H) RLS AT 1:30 PM CAPITOL 106
BILL: SB 186
SHORT TITLE: EXECUTIVE BRANCH ETHICS
SPONSOR(s): SENATOR(s) SEEKINS
04/22/05 (S) READ THE FIRST TIME - REFERRALS
04/22/05 (S) STA, JUD
04/26/05 (S) STA AT 3:30 PM BELTZ 211
04/26/05 (S) Moved CSSB 186(STA) Out of Committee
04/26/05 (S) MINUTE(STA)
04/27/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/27/05 (S) Scheduled But Not Heard
04/28/05 (S) STA RPT CS 3NR 1DNP
NEW TITLE
04/28/05 (S) NR: THERRIAULT, WAGONER, HUGGINS
04/28/05 (S) DNP: ELTON
04/28/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/28/05 (S) Scheduled But Not Heard
04/29/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/29/05 (S) LEGISLATIVE ETHICS/MEETINGS
04/30/05 (S) JUD AT 9:00 AM BUTROVICH 205
04/30/05 (S) Scheduled But Not Heard
05/01/05 (S) JUD AT 4:00 PM BUTROVICH 205
05/01/05 (S) Moved CSSB 186(JUD) Out of Committee
05/01/05 (S) MINUTE(JUD)
05/02/05 (S) JUD RPT CS FORTHCOMING 1DP 1DNP 2NR
1AM
05/02/05 (S) DP: SEEKINS
05/02/05 (S) DNP: FRENCH
05/02/05 (S) NR: THERRIAULT, HUGGINS
05/02/05 (S) AM: GUESS
05/02/05 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/05 (S) Moved Out of Committee 5/1/05
05/02/05 (S) MINUTE(JUD)
05/03/05 (S) JUD CS RECEIVED
NEW TITLE
05/04/05 (S) RETURNED TO RLS COMMITTEE
05/08/05 (S) TRANSMITTED TO (H)
05/08/05 (S) VERSION: CSSB 186(JUD)
05/09/05 (H) READ THE FIRST TIME - REFERRALS
05/09/05 (H) STA, JUD
01/31/06 (H) STA AT 8:00 AM CAPITOL 106
01/31/06 (H) Heard & Held
01/31/06 (H) MINUTE(STA)
02/14/06 (H) STA AT 8:00 AM CAPITOL 106
02/14/06 (H) Heard & Held
02/14/06 (H) MINUTE(STA)
02/16/06 (H) STA AT 8:00 AM CAPITOL 106
02/16/06 (H) Moved HCS CSSB 186(STA) Out of
Committee
02/16/06 (H) MINUTE(STA)
02/21/06 (H) STA RPT HCS(STA) 2DP 3NR 1AM
02/21/06 (H) DP: GARDNER, SEATON;
02/21/06 (H) NR: GRUENBERG, ELKINS, RAMRAS;
02/21/06 (H) AM: GATTO
02/23/06 (H) JUD AT 10:00 AM CAPITOL 120
02/23/06 (H) Moved HCS CSSB 186(JUD) Out of
Committee
02/23/06 (H) MINUTE(JUD)
02/24/06 (H) JUD RPT HCS(JUD) NT (TECHNICAL) 3DP 2NR
1AM
02/24/06 (H) DP: WILSON, ANDERSON, MCGUIRE;
02/24/06 (H) NR: COGHILL, GRUENBERG;
02/24/06 (H) AM: GARA
03/14/06 (H) RLS AT 11:00 AM BELTZ 211
03/14/06 (H) Moved HCS SB 186(RLS) Out of Committee
03/14/06 (H) MINUTE(RLS)
03/15/06 (H) RLS RPT HCS(RLS) NT (TECHNICAL) 1DP 3NR
2AM
03/15/06 (H) DP: ROKEBERG;
03/15/06 (H) NR: COGHILL, KOHRING, HARRIS;
03/15/06 (H) AM: BERKOWITZ, GUTTENBERG
03/30/06 (H) RLS AT 1:30 PM CAPITOL 106
WITNESS REGISTER
SENATOR GENE THERRIAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of SB 210.
HEATHER BRAKES, Staff
to Senator Gene Therriault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During hearing of SB 210, answered
questions.
DOUGLAS GRIFFIN, Director
Alcoholic Beverage Control Board ("ABC Board")
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: During hearing of SB 210, answered
questions.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section - Juneau
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: During hearing of SB 210, answered
questions.
DAN WAYNE, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: During hearing of SB 210, explained the
need for Amendment 1.
ACTION NARRATIVE
CHAIR NORMAN ROKEBERG called the House Rules Standing Committee
meeting to order at 1:38:08 PM. Representatives Rokeberg,
Coghill, Harris, Kohring, Berkowitz, and Guttenberg were present
at the call to order.
1:38:26 PM
CHAIR ROKEBERG announced that the first order of business would
be SENATE BILL NO. 210, "An Act relating to the manufacture and
transportation of alcoholic beverages; relating to forfeitures
of property for violations of alcoholic beverage laws; and
relating to violations of alcoholic beverage laws."
1:39:52 PM
SENATOR GENE THERRIAULT, Alaska State Legislature, sponsor,
explained that the idea behind SB 210 arose from the work of the
Alaska Rural Justice and Law Enforcement Commission, which
identified a number of inconsistencies in state law that make it
difficult to help control the alcohol problem in rural Alaska.
Senator Therriault then provided a sectional analysis and
highlighted that Section 1 amends the allowable quantities of
alcohol from 12 liters of distilled spirits to 10.5 liters as it
relates to a presumption of possession for the purpose of
selling alcohol. Section 2 of the legislation allows for the
seizure of alcohol from common carriers when it's being
transported in violation of the law and allows the forfeiture of
property that was purchased from the illegal proceeds from
bootlegging activities. Section 3 adds language similar to that
of the drug control statutes in order to provide a streamlined
process when property is seized and an innocent party claims an
ownership interest in that property. Senator Therriault pointed
out that Section 4 relates to the common carrier statutes and
Section 5 provides a definition for "the manufacture of
alcohol."
1:42:19 PM
SENATOR THERRIAULT thanked Chair Rokeberg for bringing the need
for an amendment to his attention and allowing time to check
with impacted communities, which are boroughs in which there is
a city. He highlighted an e-mail from the mayors of the City of
North Pole, the City of Fairbanks, and the Fairbanks North Star
Borough that relates support for the amendment. Senator
Therriault mentioned that he was supportive of Chair Rokeberg's
[amendment].
1:43:45 PM
CHAIR ROKEBERG thanked the sponsor for allowing him to utilize
SB 210 to correct a minor problem in state commerce.
1:44:27 PM
REPRESENTATIVE BERKOWITZ asked if all of the recommendations
from the Alaska Rural Justice and Law Enforcement Commission
were incorporated in SB 210.
1:44:45 PM
HEATHER BRAKES, Staff to Senator Gene Therriault, Alaska State
Legislature, acknowledged that were other recommendations. The
recommendations included in SB 210 are mainly cleanup of current
statute while the other recommendations not included in SB 210
were larger policy issues that the sponsor chose not to include.
In further response to Representative Berkowitz, there is no set
date for the report to be issued from the Alaska Rural Justice
and Law Enforcement Commission.
1:46:32 PM
REPRESENTATIVE COGHILL moved that the committee adopt Amendment
1, labeled 24-LS1232\G.1, Luckhaupt, 3/21/06, which read:
Page 1, line 1, following "beverages;":
Insert "relating to relocation of existing
licenses within a borough;"
Page 2, following line 3:
Insert new bill sections to read:
"* Sec. 2. AS 04.11.400(a) is amended to read:
(a) Except as provided in (d) - (h), (k), [AND]
(l), and (n) of this section, a new license may not be
issued and the board may prohibit relocation of an
existing license
(1) outside an established village,
incorporated city, unified municipality, or organized
borough if after the issuance or relocation there
would be (A) more than one restaurant or eating place
license for each 1,500 population or fraction of that
population, or (B) more than one license of each other
type, including licenses that have been issued under
(d) or (e) of this section, for each 3,000 population
or fraction of that population, in a radius of five
miles of the licensed premises, excluding the
populations of established villages, incorporated
cities, unified municipalities, and organized boroughs
that are wholly or partly included within the radius;
(2) inside an established village,
incorporated city, or unified municipality if after
the issuance or relocation there would be inside the
established village, incorporated city, or unified
municipality
(A) more than one restaurant or eating
place license for each 1,500 population or fraction of
that population; or
(B) more than one license of each other
type, including licenses that have been issued under
(d) or (e) of this section, for each 3,000 population
or fraction of that population;
(3) inside an organized borough but outside
an established village or incorporated city located
within the borough, if after the issuance or
relocation there would be inside the borough, but
outside the established villages and incorporated
cities located within the borough,
(A) more than one restaurant or eating
place license for each 1,500 population or fraction of
that population; or
(B) more than one license of each other
type, including licenses that have been issued under
(d) or (e) of this section, for each 3,000 population
or fraction of that population excluding the
population of those established villages that have
adopted a local option under AS 04.11.491(b)(1), (3),
or (4), and excluding the population of incorporated
cities located within the organized borough.
* Sec. 3. AS 04.11.400 is amended by adding a new
subsection to read:
(n) Without regard to (a) of this section, the
board may allow the relocation of a license within a
borough, including within an incorporated city within
a borough, if the governing body of the borough
approves of the relocation and, if the license is
being relocated into or within an incorporated city,
the governing body of the incorporated city approves
of the relocation."
Renumber the following bill sections accordingly.
REPRESENTATIVE HARRIS objected for purposes of discussion.
1:46:53 PM
CHAIR ROKEBERG explained that Amendment 1 would allow the
transfer of a Title IV license from a borough into a city or
another Title IV entity and vice versa. He informed the
committee that some major restaurant chains want to locate in
the Wasilla area, but they are restricted from doing so because
they can't obtain a beverage dispensary license due to the
population restrictions and the lack of available licenses.
However, there are available licenses in the borough.
Therefore, the primary caveat is that in order to have any
transfer from one jurisdiction to another, both political
subdivisions have to approve it, which he characterized as a
safety valve.
1:49:01 PM
REPRESENTATIVE COGHILL asked if the appeal process would remain
the same.
1:49:21 PM
DOUGLAS GRIFFIN, Director, Alcoholic Beverage Control Board
("ABC Board"), Department of Public Safety, in response to
Representative Coghill, specified that this won't change any of
the appeals processes. Of course, when a license moves from the
borough to the city, it becomes a city license and thus the
renewal would go through the governmental entity to which the
license was transferred. This, in effect, makes boroughs with
cities within them operate much like a unified municipality in
regard to the movement of liquor licenses and in both cases
local government approval is required for the transfer.
MR. GRIFFIN highlighted that SB 210 doesn't contemplate nor
create any more liquor licenses. Upon review of this issue, it
was determined that fewer restrictions [on the transfer of
licenses] reduces the restriction on commerce. Overall the
philosophy of the ABC Board, he related, is to try to regulate
alcoholic beverages in a manner that best serves the public.
Mr. Griffin related that the ABC Board doesn't have a problem
with Amendment 1.
1:54:55 PM
REPRESENTATIVE GUTTENBERG related his understanding that the ABC
Board has final approval over these licenses. He then posed a
situation in which one city within the Fairbanks North Star
Borough transfers a liquor license to another city in the
borough. In such a case, would the city from which the license
is leaving have the ability to protest/disapprove the transfer,
he asked.
MR. GRIFFIN deferred to the Department of Law representative.
REPRESENTATIVE HARRIS removed his objection.
1:56:37 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section - Juneau, Criminal Division, Department of Law, said
that a city-to-city transfer wasn't considered with Amendment 1.
However, she related her understanding that when a liquor
license leaves a city, the city doesn't have an occasion to
protest. Therefore, the language of Amendment 1 would seem to
mean that the area where the license is going to be relocated
would have to approve.
1:57:31 PM
CHAIR ROKEBERG asked if Amendment 1 would allow the transfer of
a license from one city to another city under the same borough.
MS. CARPENETI replied yes.
1:57:59 PM
REPRESENTATIVE COGHILL surmised then that if a business is moved
from Fairbanks to North Pole, the business would still have to
apply in North Pole for the liquor license and go through the
regular public hearing process.
MS. CARPENETI confirmed that whatever municipal process in place
would apply.
1:58:40 PM
CHAIR ROKEBERG, upon determining no one else wished to testify,
closed public testimony.
1:58:44 PM
REPRESENTATIVE HARRIS moved to report SB 210, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HCS SB 210(RLS) was
reported from the House Rules Standing Committee.
1:59:08 PM
REPRESENTATIVE HARRIS moved to adopt a proposed House Concurrent
Resolution, Version A, Luckhaupt, 3/21/06, as the working
document. There being no objection, it was so ordered.
REPRESENTATIVE HARRIS moved to report the proposed House
Concurrent Resolution, Version A, Luckhaupt, 3/21/06, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, it was so ordered.
SB 186-EXECUTIVE BRANCH ETHICS
1:59:48 PM
CHAIR ROKEBERG announced that the final order of business would
be CS FOR SENATE BILL NO. 186(JUD), "An Act relating to the
Alaska Executive Branch Ethics Act; and providing for an
effective date."
The committee took a brief at ease.
2:01:12 PM
REPRESENTATIVE COGHILL moved that the committee adopt Amendment
1, labeled 24G-2, 3/24/06, 9:30 AM, which read:
Page 6, lines 20-21:
Delete "until the personnel board makes a finding
of probable cause"
Page 7, line 13:
Delete "personnel board"
Insert "attorney general"
Page 7, line 22:
Delete "board"
Insert "attorney general"
Page 7, line 28:
Delete "personnel board"
Insert "attorney general"
CHAIR ROKEBERG announced that there was an objection for
discussion purposes.
2:01:40 PM
DAN WAYNE, Attorney, Legislative Legal Counsel, Legislative
Legal and Research Services, Legislative Affairs Agency (LAA),
explained that the legislation contains a reference to "probable
cause termination by the personnel board" and that notion was
carried throughout the legislation. However, the probable cause
termination is actually performed by the attorney general and
thus the legislation should have referred to the "attorney
general" in the locations specified in Amendment 1.
2:03:47 PM
CHAIR ROKEBERG announced that the objection to the amendment was
withdrawn and there being no further objection, Amendment 1 was
adopted.
CHAIR ROKEBERG then announced that SB 186 would be held over.
2:04:16 PM
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 2:04 p.m.
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