Legislature(2009 - 2010)CAPITOL 106

04/06/2010 08:00 AM STATE AFFAIRS


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08:09:26 AM Start
08:09:52 AM SB261
09:10:37 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 261 ALCOHOLIC BEVERAGE CONTROL BD MEMBERS TELECONFERENCED
Moved HCS CSSB 261(STA) Out of Committee
+ SB 244 GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB 261-ALCOHOLIC BEVERAGE CONTROL BD MEMBERS                                                                      
                                                                                                                                
8:09:52 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the only order of business  was CS FOR                                                               
SENATE BILL NO.  261(L&C), "An Act relating to  the membership of                                                               
the  Alcoholic  Beverage  Control  Board; and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
8:10:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to adopt,  as a work draft, the House                                                               
committee  substitute (HCS)  to  CSSB  261, Version  26-LS1406\P,                                                               
Cook, 4/5/10,  in which subparagraph (B),  on page 2, line  9, is                                                               
deleted and replaced with the following handwritten language:                                                                   
                                                                                                                                
     (B)  is an  established village  that is  located in  a                                                                    
     borough or in the  unorganized borough; for purposes of                                                                    
     this  subparagraph,   "established  village"   has  the                                                                    
     meaning given in AS 04.21.080.                                                                                             
                                                                                                                                
There being no objection, Version P was before the committee.                                                                   
                                                                                                                                
8:11:08 AM                                                                                                                    
                                                                                                                                
TIM  BENINTENDI,   Staff,  Senator  Donny  Olson,   Alaska  State                                                               
Legislature,    presented SB  261  on  behalf of  Senator  Olson,                                                               
sponsor.  He  highlighted the changes incorporated  in Version P.                                                               
He   directed  attention   to  page   1,  line   11,  where   the                                                               
specification regarding  how many members  of the board  would be                                                               
allowed  to "be  engaged  in the  same  business, occupation,  or                                                               
profession" was changed  from "No three" to "Not  more than two".                                                           
Mr. Benintendi  directed attention to  the second change  on page                                                               
2,  beginning  on  line  5,   which  read  as  follows  [original                                                               
punctuation provided with some handwritten changes]:                                                                            
                                                                                                                                
               (2) "rural area" means a community with a                                                                    
     population of  6,000 or less  that is not  connected by                                                                
     road or rail to Anchorage or Fairbanks, and that is                                                                    
                    (A) a city; for purposes of this                                                                        
     subparagraph,  "city"  has  the  meaning  given  in  AS                                                                
     29.71.800; or                                                                                                          
                    (B) is an established village that is                                                                   
     located  in a  borough or  in the  unorganized borough;                                                                
     for   purposes  of   this  subparagraph,   "established                                                                
     village" has the meaning given in AS 04.21.080.                                                                        
                                                                                                                                
MR. BENINTENDI  said that  language is basically  the same  as in                                                               
the original bill version, except  that the population figure was                                                               
raised  from  4,500  to  6,000,  which  expanded  the  number  of                                                               
communities  from  which  applicants   could  come,  while  still                                                               
maintaining the bill sponsor's intent for the bill.                                                                             
                                                                                                                                
8:14:18 AM                                                                                                                    
                                                                                                                                
MR. BENINTENDI offered  his understanding that there  is a roster                                                               
of place names  that was given to the  committee, which "conforms                                                               
to  the structure  of this  bill."   He indicated  94,000 is  the                                                               
"ultimate field."                                                                                                               
                                                                                                                                
MR. BENINTENDI  said if  committee members  want the  language in                                                               
subparagraph  (B) to  also include  organized  boroughs, then  an                                                               
amendment would be necessary.                                                                                                   
                                                                                                                                
8:17:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON moved to  adopt Conceptual Amendment 1, as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 2, following (B):                                                                                                     
          Insert "(C) but a rural area does not mean a                                                                          
     community, city,  or established  village which  is dry                                                                    
     or damp under provisions of a local-option election."                                                                      
                                                                                                                                
REPRESENTATIVE P.  WILSON objected to Conceptual  Amendment 1 for                                                               
discussion purposes.                                                                                                            
                                                                                                                                
REPRESENTATIVE JOHNSON  said the purpose of  Conceptual Amendment                                                               
1 is to put members on  the board who deal with communities where                                                               
there is a liquor license in the community.                                                                                     
                                                                                                                                
CHAIR LYNN said that makes sense.                                                                                               
                                                                                                                                
8:18:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  [objected to Conceptual Amendment  1].  He                                                               
explained that  he thinks Conceptual  Amendment 1 made  sense for                                                               
the  former bill  version, which  specified that  the communities                                                               
must  have  held a  local  option  election,  but now  Version  P                                                               
specifies that ["rural area"] must  have a population of 6,000 or                                                               
less.  He continued as follows:                                                                                                 
                                                                                                                                
     I think that … when  a community votes on these issues,                                                                    
     … it is generally a  close election, so someone that is                                                                    
     in that  community that  may have  voted not  to select                                                                    
     that local  option is fully  vested and fully  aware of                                                                    
     the problems of  this type of a structure, as  well.  …                                                                    
     I  think that  that gives  a good  perspective for  the                                                                    
     board.  So,  I'm not advocating we go  back to language                                                                    
     that  says  there  has  to have  been  a  local  option                                                                    
     election,  but  I  would  like  to  not  disenfranchise                                                                    
     anybody from  one of those communities  from serving on                                                                    
     the board.                                                                                                                 
                                                                                                                                
8:19:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHNSON  responded   that   if   dry  and   damp                                                               
communities are included, then that  would place the ABC Board in                                                               
the  position of  having to  enforce law,  and the  board has  no                                                               
power for recourse.                                                                                                             
                                                                                                                                
8:20:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  said  that  is almost  like  saying  that                                                               
anyone who does not drink alcohol  should not be allowed to serve                                                               
on the board.   He said he worries when  barriers start being put                                                               
in place.   He  related that  he is  happier that  the population                                                               
requirement was changed to 6,000 in Version P.                                                                                  
                                                                                                                                
REPRESENTATIVE JOHNSON  said [barring  anyone who does  not drink                                                               
from serving on the board] would be "crossing the line."                                                                        
                                                                                                                                
8:21:52 AM                                                                                                                    
                                                                                                                                
MR. BENINTENDI,  in response to Representative  Wilson, indicated                                                               
that the bill sponsor supports [Conceptual Amendment 1].                                                                        
                                                                                                                                
8:24:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  in response to  Representative Gruenberg,                                                               
clarified that  adopting Conceptual  Amendment 1 would  result in                                                               
those from dry or damp communities  not being allowed to serve on                                                               
the ABC Board.                                                                                                                  
                                                                                                                                
8:26:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   moved  to   adopt  an   amendment  to                                                               
Conceptual Amendment 1,  to move "or", on page 2,  line 8, to the                                                               
end  of subparagraph  (B), because  he offered  his understanding                                                               
that a new subparagraph (C)  would follow if Conceptual Amendment                                                               
1 is adopted.                                                                                                                   
                                                                                                                                
8:27:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON objected  to the amendment to Conceptual                                                               
Amendment 1.  She  explained that the "or" on page  2, line 8, is                                                           
between subparagraphs  (A) and  (B), because  under Version  P, a                                                               
rural  area  must meet  the  requirements  in paragraph  (2)  and                                                               
subparagraph (A) "or" (B).                                                                                                  
                                                                                                                                
8:29:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   withdrew  his  motion  to   adopt  an                                                               
amendment to Conceptual Amendment 1.                                                                                            
                                                                                                                                
8:29:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  clarified that  if Conceptual  Amendment 1                                                               
is adopted, a person from a  community that has both held a local                                                               
option  election and  selected to  be damp  or dry  would not  be                                                               
allowed to serve on the board.   He added, "But if there had been                                                               
no [local  option] election  in that community  and there  was no                                                               
liquor store or  something else, those people could  serve on the                                                               
board."                                                                                                                         
                                                                                                                                
8:30:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON said his preference  is that a damp or dry                                                               
community, whether  or not it  has held a local  option election,                                                               
would not  be eligible to  have one of  its members serve  on the                                                               
board;  however,  he  said  he  is  willing  to  keep  Conceptual                                                               
Amendment 1 as is, because the  sponsor has stated his support of                                                               
it.  He  said he does not  know of any dry  communities that have                                                               
not had local option elections.   He indicated that the committee                                                               
had heard from  the ABC Board that a community  that has not held                                                               
a local option election is assumed not to be dry.                                                                               
                                                                                                                                
8:31:21 AM                                                                                                                    
                                                                                                                                
MR.  BENINTENDI relayed  that when  the  bill sponsor  considered                                                               
Conceptual  Amendment 1,  he used  the status  of a  community as                                                               
criteria.                                                                                                                       
                                                                                                                                
8:31:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO   reiterated  his  concern   about  placing                                                               
restrictions,  because  he said  he  does  not  think it  is  the                                                               
intention of  the bill sponsor  to narrow the number  of eligible                                                               
people.                                                                                                                         
                                                                                                                                
8:33:09 AM                                                                                                                    
                                                                                                                                
MR. BENINTENDI  indicated that the  bill sponsor is  pleased with                                                               
the bill, as written.                                                                                                           
                                                                                                                                
8:34:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  said it  seems as  though it  would be                                                               
beneficial to have  people serving on the ABC Board  who are from                                                               
towns with liquor licenses, because  they would be more connected                                                               
to the  issues addressed  by the board  and the  ramifications of                                                               
the board's decisions.                                                                                                          
                                                                                                                                
8:35:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO said  every  rural  community, under  state                                                               
law, starts  out a  wet community,  and in  order to  change that                                                               
status must  hold a  local option  election.   He said  he thinks                                                               
people are  valuable to the  board who are from  communities that                                                               
used to be  wet, but now are [dry or  damp], because those people                                                               
see  both sides  of  the issue.    He said  he  would oppose  any                                                               
amendment  that would  restrict  the number  of  people that  are                                                               
available to serve on the board.                                                                                                
                                                                                                                                
8:36:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  suggested that there may  be communities                                                               
in Alaska  that are  wet, but  "don't have  anyone with  a liquor                                                               
license."  He suggested that it  is not economically viable for a                                                               
community of 12-18 people to have an alcohol beverage license.                                                                  
                                                                                                                                
8:37:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON, in response  to Chair Lynn, confirmed that                                                               
he maintained  his objection  to the  motion to  adopt Conceptual                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  stated  his  objection  to  Conceptual                                                               
Amendment 1.  He said the basic  intent of the bill is to provide                                                               
rural representation,  and cutting out further  constituents from                                                               
eligibility on the board would not  serve the purpose of the bill                                                               
sponsor.   He opined that a  person from a rural  community would                                                               
bring a  certain perspective  to the board,  whether or  not that                                                               
community happens to be wet, damp, or dry.                                                                                      
                                                                                                                                
8:38:38 AM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Johnson and Wilson                                                               
voted   in   favor   of    adopting   Conceptual   Amendment   1.                                                               
Representatives  Gatto,  Gruenberg,  Petersen, Seaton,  and  Lynn                                                               
voted against it.  Therefore,  Conceptual Amendment 1 failed by a                                                               
vote of 2-5.                                                                                                                    
                                                                                                                                
8:39:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON moved to  adopt Conceptual Amendment 2, as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 2, line 6, following "Fairbanks,":                                                                                    
          Insert "or a community of more than 6,000 that is                                                                     
     not  connected   by  road  or  rail   to  Anchorage  or                                                                    
     Fairbanks  and  has   participated  in  a  local-option                                                                    
     election,"                                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for discussion purposes.                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON  indicated that a representative  from the                                                               
City  of Bethel  expressed concern  that the  latest U.S.  Census                                                               
information  will show  the City  of Bethel  as having  more than                                                               
6,000 residents, which would disqualify  that community under the                                                               
proposed legislation.   He said the City of Bethel  has as severe                                                               
a problem with  [the issue of alcohol] as any  other community in                                                               
the state and has requested this amendment.                                                                                     
                                                                                                                                
                                                                                                                                
8:41:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO suggested there are  two ways to resolve the                                                               
issue:   to set a  certain U.S. Census date  or to set  a certain                                                               
population  number.   He indicated  that  Conceptual Amendment  2                                                               
would  allow populations  of  more than  6,000,  while Version  P                                                               
would  allow  populations of  6,000  or  less, which  would  mean                                                               
everyone would be included.                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHNSON pointed out  that those communities on the                                                               
Railbelt and road system would be  excluded, which he said is the                                                               
intention of the bill.                                                                                                          
                                                                                                                                
8:42:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON point  out that Conceptual  Amendment 2                                                               
would put Sitka on the qualified list.                                                                                          
                                                                                                                                
8:42:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response to  Representative Gatto,                                                               
said he  thinks the population  at the  time of appointment  to a                                                               
board  seat  would  be  the  deciding  factor.    He  then  asked                                                               
Representative Wilson if  she knows if Sitka  has participated in                                                               
a local option election.                                                                                                        
                                                                                                                                
REPRESENTATIVE  WILSON  said  she  does not  know  if  Sitka  has                                                               
participated in  a local option election,  although the community                                                               
does  have a  liquor store.    She said  she does  know that  the                                                               
community is not connected to Fairbanks by road or rail.                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  his  understanding that  under                                                               
the proposed  legislation, Sitka would have  to have participated                                                               
in a local option election in order to qualify.                                                                                 
                                                                                                                                
REPRESENTATIVE  JOHNSON observed  that  language regarding  local                                                               
option elections is no longer in [Version P].                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated "that  would be  a criterion"                                                               
under Conceptual Amendment 2.                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON said he knows  that the City of Bethel has                                                               
participated  in  a  local  option election  and  should  not  be                                                               
excluded from representation on the board.                                                                                      
                                                                                                                                
8:44:08 AM                                                                                                                    
                                                                                                                                
[Chair Lynn passed the gavel to Vice Chair Seaton.]                                                                             
                                                                                                                                
8:44:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  suggested language be added  to the bill                                                               
to specify that the City of Bethel is to be included.                                                                           
                                                                                                                                
REPRESENTATIVE   JOHNSON    responded   that   that    would   be                                                               
unconstitutional.                                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG concurred.                                                                                             
                                                                                                                                
REPRESENTATIVE  P.  WILSON  questioned  the need  for  the  local                                                               
option language.                                                                                                                
                                                                                                                                
8:45:11 AM                                                                                                                    
                                                                                                                                
MR. BENINTENDI  stated, "The language  in Conceptual  Amendment 2                                                               
is exclusive  to Bethel."  He  related that the City  of Bethel's                                                               
current population is  officially still fewer than  6,000, but is                                                               
close  to  surpassing  6,000.    He  reminded  members  that  the                                                               
proposed Conceptual  Amendment 2  includes the language  "that is                                                               
not connected by road or rail"  and "has participated in a local-                                                               
option  election"; therefore,  this  amendment [presently]  would                                                               
apply only to the City of Bethel.                                                                                               
                                                                                                                                
REPRESENTATIVE  P.  WILSON said  she  wants  to ensure  that  the                                                               
committee is doing what the  bill sponsor wants as encompassed in                                                               
Version  P  [with the  proposed  Conceptual  Amendment 2].    She                                                               
concluded, "So,  it doesn't have  to be  all of these;  it's this                                                               
one, this one, or this one."                                                                                                    
                                                                                                                                
8:47:02 AM                                                                                                                    
                                                                                                                                
MR. BENINTENDI  responded that that  is the intention  and stated                                                               
that "we are very comfortable  with the language."  He emphasized                                                               
the City  of Bethel has  been a  community of interest  since the                                                               
bill's inception.                                                                                                               
                                                                                                                                
8:47:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  pointed   out  that  under  Conceptual                                                               
Amendment 2, Juneau, for example,  which is not connected by rail                                                               
or road,  could hold  an open election,  remain a  wet community,                                                               
and be eligible to have a  person from its community serve on the                                                               
rural board seat.                                                                                                               
                                                                                                                                
MR. BENINTENDI confirmed that technically that is correct.                                                                      
                                                                                                                                
8:49:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  removed his objection to  the motion to                                                               
adopt Conceptual Amendment 2.                                                                                                   
                                                                                                                                
8:49:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO objected.  He  indicated concern that it has                                                               
not  been  identified  what  the  source  will  be  to  determine                                                               
populations.                                                                                                                    
                                                                                                                                
8:50:54 AM                                                                                                                    
                                                                                                                                
VICE   CHAIR  SEATON   pointed  out   that  under   the  proposed                                                               
legislation, a  community under 6,000  would qualify for  a rural                                                               
seat, and [Conceptual  Amendment 2] would allow  an exception for                                                               
a  community with  a  population over  6,000,  which meets  other                                                               
criteria.    He suggested  that  Representative  Gatto bring  his                                                               
point up again after Conceptual Amendment 2 has been addressed.                                                                 
                                                                                                                                
8:52:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO withdrew  his  objection.   There being  no                                                               
further objection, Conceptual Amendment 2 was adopted.                                                                          
                                                                                                                                
8:54:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG directed  attention to  the handwritten                                                               
language in  Version P, which  references AS 04.21.080.   He said                                                               
"established  village"  is defined  in  [paragraph]  (9) of  that                                                               
statute,  and  since  "the  bill  is in  Title  04,"  it  is  not                                                               
necessary to reference AS 04.21.080 in subparagraph (B).                                                                        
                                                                                                                                
8:55:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 3, as follows:                                                                
                                                                                                                                
      Page 2, in subparagraph (B), following "unorganized                                                                       
     borough":                                                                                                                  
          Delete "; for purposes of this subparagraph,                                                                          
       'established village' has the meaning given in AS                                                                        
     04.21.080."                                                                                                                
                                                                                                                                
VICE CHAIR SEATON objected for  discussion purposes.  He asked if                                                               
the reference to  AS 29.71.800 on page 2, line  8 - regarding the                                                               
definition of "city" - should also be deleted.                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG answered  no.   He  explained that  the                                                               
definition of "city" comes from  a different title; therefore, it                                                               
must be noted in the bill language.                                                                                             
                                                                                                                                
8:56:48 AM                                                                                                                    
                                                                                                                                
VICE CHAIR SEATON removed his  objection.  There being no further                                                               
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
8:57:26 AM                                                                                                                    
                                                                                                                                
VICE CHAIR SEATON returned to  the issue brought forth previously                                                               
by  Representative  Gatto  regarding  the  source  of  population                                                               
statistics.    He  said  not   establishing  which  source  those                                                               
statistics come from may be problematic.                                                                                        
                                                                                                                                
8:58:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  concurred.   He suggested that  the 2010                                                               
U.S. Census be the source indentified.                                                                                          
                                                                                                                                
8:59:29 AM                                                                                                                    
                                                                                                                                
VICE CHAIR SEATON suggested that  the committee instead designate                                                               
the population  statistics generated during annual  community and                                                               
municipal revenue sharing.                                                                                                      
                                                                                                                                
9:00:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  offered her  understanding  that  the                                                               
Department  of  Labor  &  Workforce  Development  also  generates                                                               
population statistics.                                                                                                          
                                                                                                                                
VICE CHAIR SEATON, in response  to a question from Representative                                                               
Wilson, stated  his belief that  the legislature  gets population                                                               
statistics for  revenue sharing purposes  from the  Department of                                                               
Commerce, Community, & Economic  Development (DCCED); however, he                                                               
opined that  the department  need not be  identified in  the bill                                                               
language.   Instead, he suggested  that the bill could  note that                                                               
the populations were determined by the revenue-sharing formula.                                                                 
                                                                                                                                
9:00:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he wants  to hear from  someone on                                                               
the ABC Board regarding the source of population statistics.                                                                    
                                                                                                                                
9:01:13 AM                                                                                                                    
                                                                                                                                
ROBERT  BEASLEY,   Enforcement  Supervisor,   Alcoholic  Beverage                                                               
Control Board,  in response to  Vice Chair Seaton, said he is not                                                               
certain  what  source the  board  uses,  but suggested  the  most                                                               
current U.S.  Census or  statistics from DCCED.   In  response to                                                               
Representative  Gruenberg,   he  said   he  believes   the  board                                                               
currently has the discretion to use the most current statistics.                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  would like  the board  to have                                                               
the discretion to do that by regulation.                                                                                        
                                                                                                                                
9:03:45 AM                                                                                                                    
                                                                                                                                
VICE CHAIR  SEATON moved  to adopt  Conceptual Amendment  4, such                                                               
that  the numbers  used  for community  population  would be  the                                                               
numbers  used  for community  revenue  sharing  by the  State  of                                                               
Alaska.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
VICE CHAIR SEATON  spoke to Conceptual Amendment 4.   He said the                                                               
state must  generate population statistics each  year for revenue                                                               
sharing.    It is  all  done  on a  per  capita  basis, he  said;                                                               
therefore,  every  municipality's  population is  determined  for                                                               
revenue sharing.                                                                                                                
                                                                                                                                
9:05:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  spoke to  his objection.   He indicated                                                               
that that may not be the  most recent statistic when a board seat                                                               
opens.   He said "we" used  to have municipal assistance,  but no                                                               
longer do,  and at some  point "they  might go away  from revenue                                                               
sharing for  some reason."   He  said he would  like to  know the                                                               
bill sponsor's opinion of Amendment 4.                                                                                          
                                                                                                                                
9:05:57 AM                                                                                                                    
                                                                                                                                
MR. BENINTENDI said  the bill sponsor would  be "satisfied either                                                               
way."                                                                                                                           
                                                                                                                                
9:06:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  reminded Representative  Gruenberg  that                                                               
whatever the regulations of the ABC  Board are, it has nothing to                                                               
do with  the appointment of its  members.  He indicated  that the                                                               
policy  call to  be made  may affect  statute and  the governor's                                                               
process.                                                                                                                        
                                                                                                                                
9:06:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  removed his objection.   There being no                                                               
further objection, Conceptual Amendment 4 was adopted.                                                                          
                                                                                                                                
9:08:24 AM                                                                                                                    
                                                                                                                                
MR. BEASLEY, in response to  Representative Johnson, said Shelley                                                               
Gifford, the  director of the  ABC Board,  has told him  that the                                                               
board is neutral  on the issue [of SB 261];  therefore, the board                                                               
has no recommendations to offer.                                                                                                
                                                                                                                                
9:08:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO said  he thinks the committee  has "done the                                                               
right work."                                                                                                                    
                                                                                                                                
9:09:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO   moved  to   report  the   proposed  House                                                               
committee  substitute  (HCS)  for SB  261,  Version  26-LS1406\P,                                                               
Cook,  4/5/10,  as  amended, out  of  committee  with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection,  HCS CSSB  261(STA) was reported  out of  the House                                                               
State Affairs Standing Committee.                                                                                               
                                                                                                                                
The committee took an at-ease from 9:10:04 AM to 9:10:35 AM.                                                                

Document Name Date/Time Subjects
CS for SB 261 P Version and other updated packet info.pdf HSTA 4/6/2010 8:00:00 AM
SB 261
Copy of SB261 spreadsheet up to 6K pop.xlsx HSTA 4/6/2010 8:00:00 AM
SB 261