SB 128-ALCOHOL LOCAL OPTION PROVISIONS  CHAIR FRENCH announced the consideration of SB 128. He asked Ms. Austerman to refresh members' recollections about the bill. 1:58:11 PM GINNY AUSTERMAN, Staff to Senator Donny Olson, recapped that the bill came about at the request of the Rural Justice Commission. It is an integral part of the effort to regulate the sale, distribution, purchase, and shipment of alcoholic beverages into damp local option communities within Alaska. The Alcohol Beverage Control Board (ABC) Board would be required to create and maintain a database of timely information related to written orders for alcohol that is shipped to individuals. The package store licensee or its agent must consult the database prior to filling each order. Immediately after filling the order, the date and the amount of the new order must be add to the database. This will adversely impact bootleggers, she said. The information in the database will be accessible only to package stores and law enforcement. SB 128 also contains a provision to correct an omission in state law so that organized boroughs would be able to transfer borough liquor licenses to communities within that borough. MS. AUSTERMAN noted a proposed amendment and said the sponsor is happy to accept that amendment. In response to a question, she relayed that Sections 4 and 5 relate to the transfer of liquor licenses.   CHAIR FRENCH asked if anything in those sections requires that the transfers be done at fair market value. MS. AUSTERMAN replied she's not aware of anything that spells that out. CHAIR FRENCH asked if the sponsor or the Department of Law would object to adding a provision along those lines. MS. AUSTERMAN said the sponsor would not object. 2:00:51 PM ANNE CARPENETI, Assistant Attorney General, Department of Law, said she would like to check with the head of the ABC Board before adding that provision because Title 4 really doesn't address commercial value of liquor licenses. CHAIR FRENCH noted that the bill has a finance referral and said that may be the place to take care of that point. 2:01:26 PM CHAIR FRENCH offered Amendment 1 as the sponsor. AMENDMENT 1 OFFERED IN THE SENATE TO: CSSB 128(CRA) Page 2, line 22: Following "purchaser."  Insert: "Failure by a package store licensee, agent or employee to enter into the database the date   and the amount of alcoholic beverages shipped to   the purchaser is a class B misdemeanor." Page 5, following line 30: Insert: "*Sec. 11 AS 04.16.180(a) is amended to read: (a) Except as provided in AS 04.11.015, AS 04.16.025, 04.16.050, 04.16.051, 04.11.150(g), 04.16.200-04.16.210, and AS 04.21.065, a person who violates a provision of this title or a regulation adopted by the board is guilty, upon conviction, of a class A misdemeanor. Each violation is a separate offense." Renumber the following bill sections accordingly. SENATOR McGUIRE objected for discussion purposes. CHAIR FRENCH explained that the amendment is the result of discussion during the previous hearing. The bill imposes new duties on liquor store clerks and there was some question about the level of the violation should a clerk not comport with those new duties. Before the hearing Ms. Carpeneti said that unauthorized release of information that will be gathered into the database will be a class A misdemeanor. MS. CARPENETI said, "The default penalty for Title 8 violations is a class A misdemeanor unless it's specifically excepted and another penalty is provided." SENATOR McGUIRE offered her interpretation, which is that the class A misdemeanor would apply throughout Section 1 so that anybody who is authorized to have access to the database and uses the information in an unauthorized manor would be subject to that penalty. I want it to be interpreted broadly in terms of preserving the confidentiality of the database, she stated. MS. CARPENETI said she interprets the language that way as well. 2:03:30 PM SENATOR WIELECHOWSKI joined the meeting. CHAIR FRENCH thanked Senator McGuire for highlighting that point. He read the amendment and said he believes that in this instance a class B misdemeanor would include a maximum of 90 days and a maximum $1,000 fine for not entering the data as required by the statute. 2:04:02 PM SENATOR McGUIRE removed her objection. CHAIR FRENCH, finding no further objection, announced that Amendment 1 is adopted. SENATOR McGUIRE motioned to report CSSB 128, as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection CSSB 128(JUD) moves from committee.