Legislature(2007 - 2008)
2008-01-17 House Journal
Full Journal pdf2008-01-17 House Journal Page 1739 HB 327 HOUSE BILL NO. 327 by the House Rules Committee by request of the Governor, entitled: "An Act relating to shipping, sending, transporting, or bringing alcohol to a local option area and providing alcohol to others in the local option area, including penalties for violations; relating to furnishing alcohol to a minor and to civil penalties for licensees whose agents or employees furnish alcohol to a minor; relating to manslaughter as a direct result of ingestion of alcoholic beverages brought in violation of a local option prohibition; relating to reports of the court concerning certain alcohol violations by minors; making conforming amendments; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Judiciary, and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Administration 2. Zero, Dept. of Health & Social Services 3. Zero, Dept. of Law 4. Zero, Dept. of Public Safety 5. Indeterminate, Dept. of Administration 6. Indeterminate, Dept. of Administration 7. Indeterminate, Dept. of Corrections 8. Fiscal, Dept. of Public Safety 2008-01-17 House Journal Page 1740 The Governor's transmittal letter dated January 15, 2008, follows: "Dear Speaker Harris: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would build on the significant efforts made in the last several years to curb the catastrophic health, economic, and social problems that arise from alcohol abuse in Alaska. The bill addresses problems arising both in larger urban areas and in communities that have adopted local options limiting possession, sale, or importation of alcohol. A liquor licensee's agents or employees, such as bartenders or package store clerks, may be charged with a class A misdemeanor, or a class C felony under certain circumstances, if they sell or serve alcohol to a person under 21 years of age. Under current law, there is no adverse consequence to the licensee if the person's agent or employee has furnished alcohol to a minor. The bill would adopt civil penalties -- a civil fine for the first time an agent or employee is convicted, and a civil fine and a license suspension for a second and subsequent conviction of an agent or employee within a five-year period. These consequences would increase the incentive for licensees to train and supervise agents and employees in a way that would emphasize service only to persons 21 years of age and older. Persons who illegally bring alcohol into a community in violation of a local option, commonly called bootleggers, cause serious harm to their communities. The prosecution of bootleggers requires significant effort by both law enforcement and prosecutors. When the prosecution of a bootlegger is successful, penalties that would deter future violations are important. The bill would impose mandatory minimum terms of imprisonment and fines for bootleggers that are identical to the mandatory minimum terms and fines for drunk drivers and persons who refuse to take a breath test. Bootleggers often repeat their illegal conduct. The bill would provide that a person who illegally brings alcohol into a local option area, and has been convicted twice in the past ten years, may be prosecuted for a class C felony. This is similar to the penalties for drunk driving and refusal, except that the proposed look-back period is ten years, as compared to the look-back period of 15 years for drunk driving and refusal. The bill 2008-01-17 House Journal Page 1741 would also allow persons convicted of bootlegging offenses to be eligible for referral to the therapeutic court, as are persons convicted of drunk driving and refusal. Persons who bring alcohol into a community in violation of local option laws can cause serious harm and even death to members of their community. The bill would amend the manslaughter statute to apply to a person who brings alcohol into a community in violation of a local option, if a person dies as a direct result of ingesting the alcohol. This change is similar to the amendment to the manslaughter statute adopted last year, that prohibited causing death by delivery of certain illegal drugs, if death is the direct result of ingestion of the drug. The Rural Justice Commission made several recommendations for alcohol enforcement that have already been enacted into law. One recommendation not yet adopted but strongly supported by law enforcement is included in the bill. It would prohibit sending alcohol in plastic containers to a local option area, unless it is sent to a community delivery site. Plastic bottles are much more difficult to detect, because they weigh less and result in less detectible shipping noise during transportation as compared to glass bottles. Finally, the bill would clarify that the court is required under AS 28.15.191(a) to make certain reports to the Department of Administration concerning certain violations of alcohol laws by minors for insertion on the central driver's license database. This bill would help local communities address many of the problems of alcohol abuse. I urge your prompt and favorable consideration of this proposal. Sincerely, /s/ Sarah Palin Governor"