Legislature(2007 - 2008)

2008-01-18 Senate Journal

Full Journal pdf

2008-01-18                     Senate Journal                      Page 1623
SB 235                                                                                                                        
SENATE BILL NO. 235 BY THE SENATE 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 and Regional                                                              
Affairs, Judiciary and Finance Committees.                                                                                      
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, Department of Public Safety                                                                                 
 Fiscal Note No. 2, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 3, indeterminate, Department of Corrections                                                                    
 Fiscal Note No. 4, zero, Department of Administration                                                                          
 Fiscal Note No. 5, zero, Department of Law                                                                                     
 Fiscal Note No. 6, zero, Department of Health and Social Services                                                              
 Fiscal Note No. 7, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 8, zero, Department of Public Safety                                                                           

2008-01-18                     Senate Journal                      Page 1624
Governor's transmittal letter dated January 15:                                                                                 
                                                                                                                                
Dear President Green:                                                                                                           
                                                                                                                                
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                                                           

2008-01-18                     Senate Journal                      Page 1625
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