04/14/2005 03:30 PM Senate STATE AFFAIRS

       CSHB(JUD) 116-LIABILITY FOR ALCOHOL LAW VIOLATIONS                                                                   
                                                                                                                                
                                                                                                                                
CHAIR THERRIAULT announced HB 116 to be up for consideration.                                                                   
                                                                                                                                
5:31:37 PM                                                                                                                    
                                                                                                                                
MICHAEL PAWLOWSKI,  Aide to Representative Kevin  Meyer, informed                                                               
members that  under current statute  a licensee may sue  a person                                                               
aiding in compliance checks for any of four reasons.                                                                            
                                                                                                                                
   · If a minor knowingly enters or remains on a licensed                                                                       
     premise.                                                                                                                   
  · If a minor solicits another to purchase alcohol for them.                                                                   
   · If a person purchases alcohol for a minor.                                                                                 
   · If a minor presents false identification to a licensee.                                                                    
                                                                                                                                
The difficulty relates  to the fact that youths  working with law                                                               
enforcement   were  not   exempted  when   the  civil   liability                                                               
provisions were  added to  statute. HB 116  seeks to  remove from                                                               
civil liability the youths working  with law enforcement officers                                                               
investigating and  enforcing compliance with the  state alcoholic                                                               
beverage laws.                                                                                                                  
                                                                                                                                
He  noted  the written  testimony  from  Jessica Paris  with  the                                                               
National Council on Alcoholism and Drug Dependence.                                                                             
                                                                                                                                
5:33:38 PM                                                                                                                    
                                                                                                                                
CHAIR  THERRIAULT remarked  the  legislature  dealt with  similar                                                               
legislation related  to tobacco products. He  asked about changes                                                               
that were made  to the original bill and whether  it conformed to                                                               
that legislation.                                                                                                               
                                                                                                                                
MR.  PAWLOWSKI replied  HB  116 doesn't  conform  to the  tobacco                                                               
legislation.  Representative  Meyer's   original  intent  was  to                                                               
create an  exception in  AS 04.16.049, which  relates to  a minor                                                               
remaining  on a  licensed  premise. Because  there are  different                                                               
types of compliance checks, Section  2, amending AS 04.16.060 was                                                               
added  to address  the other  issues brought  up in  a compliance                                                               
check.                                                                                                                          
                                                                                                                                
The House Judiciary  Committee changed lines 7 and 13  on page 1.                                                               
The  word  "supervises"  was  added to  ensure  that  the  police                                                               
maintain close supervision of the activity.                                                                                     
                                                                                                                                
There were no further questions.                                                                                                
                                                                                                                                
CHAIR THERRIAULT  noted the  zero fiscal note  and asked  for the                                                               
will of the committee.                                                                                                          
                                                                                                                                
SENATOR  CHARLIE HUGGINS  motioned  to report  CSHB 116(JUD)  and                                                               
attached   fiscal    note   from   committee    with   individual                                                               
recommendations.                                                                                                                
                                                                                                                                
CHAIR THERRIAULT announced that without objection, it was so                                                                    
ordered.