Legislature(2009 - 2010)

04/16/2010 10:47 AM FIN


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CS FOR SENATE BILL NO. 234(FIN)                                                                                               
                                                                                                                                
     "An  Act  relating  to the  voting  procedures  of  the                                                                    
     Alcoholic   Beverage   Control  Board;   allowing   the                                                                    
     Alcoholic   Beverage    Control   Board    to   release                                                                    
     information  contained  in  the statewide  database  of                                                                    
     alcohol  purchases  and  shipments to  the  person  who                                                                    
     purchased  the  alcohol  or to  whom  the  alcohol  was                                                                    
     shipped; relating to the access  of persons under 21 to                                                                    
     premises  where alcoholic  beverages are  sold, served,                                                                    
     or  consumed; extending  the  termination  date of  the                                                                    
     Alcoholic Beverage Control Board;  and providing for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
4:22:45 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  MOVED  to  ADOPT HCS  CS  SB  234  (L&C),                                                                    
Version 26-LS1350\P,  as a working document.  There being NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
JOSH APPLEBEE,  STAFF, SENATOR KEVIN MEYER,  highlighted the                                                                    
main  points   of  the  bill.  Under   the  legislation  the                                                                    
Alcoholic Beverage Control Board  (ABC) would be extended an                                                                    
additional year, with the following provisions:                                                                                 
                                                                                                                                
The  removal of  the executive  directors voting  ability in                                                                    
the event of a tie;                                                                                                             
                                                                                                                                
The  allowance  of  the ABC  Board  to  release  information                                                                    
contained  in the  statewide database  of alcohol  purchases                                                                    
and shipments to the person  who purchased the alcohol or to                                                                    
whom the alcohol was shipped.                                                                                                   
                                                                                                                                
Mr.  Applebee informed  the committee  that both  provisions                                                                    
were recommendations that could be  found in the most recent                                                                    
legislative  audit.  He  noted  the  fiscal  note  for  $1.4                                                                    
million.  Co-Chair   Hawker  added   that  the   figure  was                                                                    
consistent with  past board budget  numbers. He  shared that                                                                    
the board was expensive and involved.                                                                                           
                                                                                                                                
Representative  Austerman asked  if  the fiscal  note was  a                                                                    
result  of not  including  the ABC  Board  in the  operating                                                                    
budget.                                                                                                                         
                                                                                                                                
Co-Chair  Stoltze  relayed  that   fiscal  notes  for  board                                                                    
extension  typically  included  the   cost  of  the  board's                                                                    
continuation.                                                                                                                   
                                                                                                                                
SHIRLEY  GIFFORD,  ALCOHOL  BEVERAGE  CONTROL  (ABC)  BOARD,                                                                    
explained that  the fiscal  note was  included in  the event                                                                    
that the sunset date was not extended through 2011.                                                                             
                                                                                                                                
Co-Chair Hawker  furthered that the appropriation  would not                                                                    
be  doubled,   the  fiscal  note  reflected   the  one  year                                                                    
extension  only. He  added  that it  was  unusual to  extend                                                                    
boards for one year at a  time, but the audit had identified                                                                    
issues that  called for closer  and more frequent  review of                                                                    
the board.                                                                                                                      
                                                                                                                                
Mr.  Applebee said  that the  Legislative  Budget and  Audit                                                                    
Committee (LB&A)  wanted to  carry out  additional follow-up                                                                    
with the board  over the summer of 2010,  with the intention                                                                    
of bringing  a more comprehensive extension  bill before the                                                                    
legislature in 2011.                                                                                                            
                                                                                                                                
4:29:04 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough  wondered  about  confidentiality                                                                    
issues  concerning the  public  database.  She reminded  the                                                                    
committee  that in  the  past there  had  been testimony  in                                                                    
opposition  to  a  database  that  revealed  the  names  and                                                                    
addresses of resident who were purchasing alcohol.                                                                              
                                                                                                                                
Co-Chair  Hawker noted  that the  database  was in  existing                                                                    
statue.                                                                                                                         
                                                                                                                                
Co-Chair Stoltze  MOVED to report  HCS CSSB 234(L&C)  out of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
HCS CSSB 234(L&C)  was REPORTED out of Committee  with a "do                                                                    
pass" recommendation  and with  attached new fiscal  note by                                                                    
the Department of Public Safety.                                                                                                
                                                                                                                                

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