SENATE BILL NO. 234 "An Act extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date." Co-Chair Hoffman MOVED to ADOPT the CS for SB 234, labeled 26-LS1350\E, Bullard, 3/31/10. Co-Chair Stedman OBJECTED. DARWIN PETERSON, STAFF, CO-CHAIR STEDMAN, explained the changes in the new CS. The first change is in Section 1 and deals with the quorum for the board. Previously, the executive director was allowed to vote in order to break a tie. Now, the executive director can no longer vote. Mr. Peterson highlighted a second change found in Section 2, dealing with the statewide database. The board creates and maintains a statewide database on liquor purchased and shipped to rural parts of the state. Currently, information in the database is available to package store licensees, law enforcement, probation officers, and the board. The change is found on page 2, line 19-21, where now the person who is the subject of the information also has access to that information. Mr. Peterson detailed the third change, which is found on page 2, line 25, in Section 4. Two sections in the alcohol title are being repealed. The board would no longer be allowed to use minors to access as apprentices if they are with a law enforcement officer. 9:07:07 AM Senator Olson reported that initially the executive director was given the opportunity to vote because the board only had five members. He asked what was planned to deal with a 2-2 split. Mr. Peterson replied that the board would have to wait until they had a quorum. At a previous hearing the executive director testified that she supported the change. Senator Olson restated his question to ask what the mechanism would be to rectify a split vote. Mr. Peterson explained that the issue before the board would not pass and the board would have to wait for five members to be present. Senator Ellis thought one of the proposed changes would remove a primary tool of enforcement related to selling alcohol to underage Alaskans. He questioned the rationale. Mr. Peterson explained that in a previous hearing the chair testified that he felt it was unfair for the board to use minors when the owner of the premises and the employees are at complete risk and the minor, according to state statute, is not allowed to access those premises without an adult. The chair decided to remove those sections from statute so that the inconsistency was no longer in place. Now, it is up to the owner of the bar and the bartenders to card everyone who looks underage. 9:09:27 AM Senator Ellis asked if law enforcement has expressed an opinion about the change. Mr. Peterson said that the law enforcement agency had not been asked about the change. Senator Ellis suggested that be done. Co-Chair Stedman WITHDREW his OBJECTION to the adoption of the new CS. Senator Ellis OBJECTED. Senator Olson spoke from the experience of having run a business and having been wary of sting operations. He commented in favor of the change in the new CS. Senator Ellis stated that he preferred to have law enforcement contacted in order to know if this is the right policy call. 9:11:33 AM A roll call vote was taken on the motion. IN FAVOR: Egan, Huggins, Olson, Thomas, Hoffman, Stedman OPPOSED: Ellis The motion to adopt CSSB 234 (FIN) passed (6-1). SB 234 was heard and HELD in Committee for further consideration. 9:12:21 AM