"An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws. "
In 2004, Congress established the Alaska Rural Justice and Law Enforcement Commission, recognizing that: "... many remote rural residents in Alaska lack a law enforcement presence in their communities and face the highest alcohol abuse and family violence rates in the country." The Commission released a Draft Interim Report in 2005 that contained several recommendations. The Commission's recommendations primarily addressed local, federal and executive branch responsibilities. Also, the Commission recommended three changes to Alaska state statutes.
There are three major revisions of current statute contained in HB 373. The first pertains to our current forfeiture laws, which allow property used in bootlegging (the illegal introduction of alcohol into an area that has adopted a local option) to be seized by the state. HB 373 proposes that alcohol transported in violation of a local option, property that is purchased with the proceeds of illegal alcohol sales, and firearms that are carried, used or visible in the furtherance of a violation of local option laws, are all subject to seizure by the state. HB 373 also proposes a procedure for the seizure and appeal of, property seized by the state. Strengthening the forfeiture provisions of state statute will provide needed teeth to the laws designed to protect communities that have chosen to ban or limit alcohol.
HB 373 also proposes to add the definition of the "manufacture" of alcohol to our statutes. While current statute prohibits the manufacture of alcohol in a community that has adopted a local option, it does not include a definition. HB 373 would correct this oversight and set a clear standard for prosecution of the local production of alcohol in dry or damp communities.
Finally, HB 373 makes the allowable quantities of alcohol consistent in the statutes. In current statutes, 12 liters of distilled spirits is allowed, yet 24 liters of wine and 12 gallons of beer are allowed. 12 Liters of distilled spirits represents significantly more alcohol than 24 liters of wine or 12 gallons of beer. HB 373 proposes that the 12 liters allowed in current statute be reduced to 10 ½ liters to make the quantities allowed consistent.
HB 373 will provide clarity, consistency and strength to the state's alcohol and beverage control statutes in order to help law enforcement and communities fight the illegal importation of alcohol into their midst.
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