CSHB 132(2nd RLS)efd am-ALCOHOL:LOCAL OPTION/DWI/LICENSING  REPRESENTATIVE ROKEBERG presented the bill on behalf of the House Judiciary Committee. He explained that CSHB 132(2nd RLS)efd am gives the Alcohol Beverage Control (ABC) Board permission to require fingerprints of applicants for liquor license applications and makes provisions for cutting down on the bootlegging activities by restricting the amount of presumed alcohol in the hard liquor form from 12 to 6 liters of hard alcohol that can be brought into a "damp" area. It also increases the penalty for mailing or shipping liquor to dry areas to include an attempt to import liquor into a "damp" area. The final change in the bootlegging part of the bill is the establishment of delivery sites for the receipt of and the importation of alcohol beverages into a "damp" community. Currently, the city of Barrow operates one quite successfully. This bill will allow the state to operate them in Bethel and Kotzebue, part and parcel with a $1.5 million federal grant to cut down on bootlegging. In addition, because of timing issues, the House decided to add the .08 blood alcohol level (BAC) provision stand alone and the look-back from CSHB 4(FIN)am. He offered to answer questions. SENATOR THERRIAULT asked about the fiscal impact of adding the .08 BAC provision to the bill. REPRESENTATIVE ROKEBERG thought the amount was $197,000. He suggested directing the question to Mr. Guaneli. CHAIRMAN TAYLOR said he noted that the phrase, "within 10 years preceding the date of a present offense" was deleted from AS 28.35.030(o) on page 10. He asked if that refers to a driving while under the influence (DUI) offense. REPRESENTATIVE ROKEBERG said, "No, that's part of the look-back, Mr. Chairman." CHAIRMAN TAYLOR asked if, because the 10 years was deleted, the look back provision would apply forever. REPRESENTATIVE ROKEBERG said it contains the language from HB 4 so he would have to defer to the drafter for an answer. He then said it is a phase in of the look back. MS. SEITZ explained the phrase, "within 10 years preceding the date of the present offense" because, as Representative Rokeberg says, we are phasing in a ten-year look back with a date certain of January 1, 1996. CHAIRMAN TAYLOR said that is clarified in Section 14 on page 11. REPRESENTATIVE ROKEBERG said that helps with the fiscal note. SENATOR DONLEY pointed out the Department of Corrections' fiscal note does not specify the fund source. He asked that information be provided before the bill is heard by the Senate Finance Committee. CHAIRMAN TAYLOR referred to Section 22(2) on page 12 and asked if that is the impairment section as it drops the .05 BAC to 04. REPRESENTATIVE ROKEBERG said there was a spread between .05 and .1. CHAIRMAN TAYLOR said he didn't note any rewriting of the entire code as was done with HB 4, for example changing the word "intoxicated" to "under the influence." REPRESENTATIVE ROKEBERG replied, "This is the light version." Number 1198 MR. DEAN GUANELI, Assistant Attorney General, Department of Law (DOL), said the Administration strongly supports HB 132. This bill accomplishes many of the goals that DOL set out to accomplish, the .08 BAC being one of the goals. He said regarding Chairman Taylor's question about deleting the 10 year look back language, that particular definition applies to second offenders. To be considered a second offender under current law, the person would have had to committed the first offense within 10 years. The new language removes the 10 year limit. MR. GUANELI said he believes this bill makes meaningful changes to the laws involving alcohol in rural Alaska. It cuts in half the allowable limit that people can possess in "damp" areas, places where the sale of alcohol is prohibited but importation is allowed. Right now, a person can possess 12 liters of hard liquor, 24 liters of wine, plus 12 gallons of beer. The profit margin in bootlegging is in hard liquor so cutting that presumptive level in half is an important step, an act was recommended by the Criminal Justice Assessment Commission. CHAIRMAN TAYLOR asked if the presumptive level is being cut in half for the second offender. MR. GUANELI clarified that it pertains to areas where alcohol is allowed to be imported but not sold. He noted only the amount of hard liquor was cut in half because there was some concern on the House side that a person should be allowed to possess the current limit. MR. GUANELI said DOL believes it is important to change some definitions so that anyone who attempts to send liquor to a "damp" area and is intercepted would be treated as if the liquor had actually arrived, a class C felony. Under current law, if the liquor doesn't arrive, the sender can only be charged with an attempt, a class A misdemeanor. DOL does not believe that the charge should be less because good police work stopped the shipment. MR. GUANELI said after receiving a $1.4 million grant for alcohol interdiction and reviewing the issue further, he feels it is appropriate to go one step further. At present, a municipality in a damp area can designate a site where all of the alcohol shipped to the area must go so that the municipality can guarantee package stores are not shipping more than the monthly legal amount. However, a bootlegger could place orders from multiple stores. Barrow has designated a site and put out a contract. All liquor is funneled into that area, where it and the recipient's identification are checked. That procedure has cut back on the amount of bootlegged liquor in Barrow. In some areas of the state, communities do not have the money or political will to establish a similar procedure so the question is, why shouldn't the state? The state spends millions of dollars to counteract the effects of alcohol in many places in rural Alaska. CSHB 132(2nd RLS)efd am provides the statutory authority that allows the state to operate a delivery site. CHAIRMAN TAYLOR commented a community would have to vote to be either damp or dry for bootlegging to occur. He asked if the state would be spending money to run a checkpoint for those people who are shipping liquor into their community. MR. GUANELI said that is the basic idea. He clarified that it is illegal to ship any alcohol into dry communities so this provision would only apply to damp communities. CHAIRMAN TAYLOR asked if a bootlegger would ship to that checkpoint voluntarily. MR. GUANELI said that is correct. Right now any orders shipped from a package store must contain a label specifying what and the amount of the product. In Barrow, someone checks the labels to make sure the recipient hasn't exceeded his or her monthly allowance. SENATOR DONLEY asked what the public policy reason is to set the limits in statute. Number 777 MR. GUANELI said when sale is banned but possession and importation is allowed, some level had to be established to prevent people from having huge storehouses from which to sell. Recognizing that bootlegging did exist in those areas, those limits were set. The limits were designed to provide an amount to allow for social drinking but not too much to sell. The feeling is that the amount of hard liquor is too much. This has existed in state law for a number of years. SENATOR DONLEY thought the limits were set quite high and that bootlegging could take place within those parameters. MR. GUANELI agreed and said that is why the amount of hard liquor was cut in half. CHAIRMAN TAYLOR said he appreciates the efforts behind this legislation and hopes it work. He expressed concern that the bill is based on voluntary activities. MR. GUANELI said if someone circumvents the delivery site, the offense would be a misdemeanor. He noted he has discussed this measure with Representatives Kapsner and Joule. They are excited about the idea and feel it can't hurt. CHAIRMAN TAYLOR wondered how tough things would have to get in Juneau before a checkpoint program could be imposed. SENATOR DONLEY said these communities have had a popular vote to impose such a program. CHAIRMAN TAYLOR said he finds it fascinating that the committee can so easily sit back and consider these things as if it is them, not us. He announced that he would hold CSHB 132(2nd RLS)efd am in committee until tomorrow. He assured participants he was only holding the bill for the purpose of accommodating others who are interested in amending it. He then took up HB 179.