Legislature(2009 - 2010)
03/24/2010 02:20 PM House JUD
| Audio | Topic |
|---|---|
| Start | |
| SB194 | |
| SB265 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 194 - ALCOHOL VIOLATIONS: PENALTY/CIVIL DAMAGES
2:22:07 PM
CHAIR RAMRAS announced that the first order of business would be
CS FOR SENATE BILL NO. 194(JUD), "An Act relating to penalties
and civil damages for certain alcohol violations." [Included in
members packets was a House committee substitute (HCS) for CSSB
194(JUD), Version 26-LS0895\C, Luckhaupt, 3/23/10; and a
proposed House Concurrent Resolution, labeled 26-LS1624\A,
Luckhaupt, 3/22/10.]
2:22:46 PM
CHAIR RAMRAS moved to adopt House Concurrent Resolution, labeled
26-LS1624\A, Luckhaupt, 3/22/10. There being no objection, it
was so ordered.
2:22:57 PM
REPRESENTATIVE HERRON moved to adopt the House committee
substitute (HCS) for CSSB 194(JUD), Version 26-LS0895\C,
Luckhaupt, 3/23/10, as the working document. There being no
objection, Version C was before the committee.
2:23:13 PM
SENATOR KEVIN MEYER, Alaska State Legislature, explained that SB
194 would increase the civil damages, which are already part of
existing law, from $1,000 to $1,500. He pointed out that SB 194
would bring civil damages to both an underage alcohol purchaser,
and a person purchasing for an underage person. Upon conviction
for this offense, the person would also be required to attend a
juvenile alcohol safety action program. He stated that underage
drinking in Alaska is a problem and that this would send a
message that it would not be tolerated. He reminded that there
is a tough penalty for the adults involved, but not much is done
to the underage youth.
CHAIR RAMRAS, testifying as a licensee, concurred that law
enforcement has been reluctant to police underage youth.
SENATOR MEYER noted that the licensee is at risk, and that the
increase in the civil damages was written at the request of the
Alaska Cabaret, Hotel, Restaurant & Retailers Association
(CHARR). He pointed to the support of licensees as they have a
lot to lose, and are willing to help support and enforce the
law.
2:27:21 PM
CHAIR RAMRAS remarked on an inconsistency with the ABC Board.
He reflected that when the IDs of underage consumers were
impounded by the establishment, law enforcement would not follow
up, much less collect the IDs. He compared this to a "sting"
operation, when the trooper involved collected the impounded
fake ID from the establishment, so that the "sting" could
continue at another establishment. He reflected that this was
not teaching a good lesson to the servers at the establishment.
2:29:58 PM
SENATOR MEYER replied that one of the reasons the industry
supports the bill is because they are trying to abide by the
law.
CHAIR RAMRAS reflected on the industry's effort to be self-
policing and he depicted the minors as the predators in this
case.
2:31:46 PM
REPRESENTATIVE GRUENBERG expressed his support for SB 194. He
asked about the differences between the House and Senate
versions.
SENATOR MEYER replied that both versions were the same.
The committee took an at-ease from 2:34 p.m. to 2:35 p.m.
2:35:26 PM
REPRESENTATIVE GRUENBERG repeated his question, and pointed to
Version P, which included an amendment to AS 04.16.047 (b),
lines 3-8, which were deleted in Version C.
CHAIR RAMRAS replied that he had spoken with the sponsor and
asked that it be deleted. He explained that he had a concern
for assessing greater monetary penalties on adults with
substance abuse addiction. He emphasized that he was not
interested in targeting adults, but wanted to focus the issue of
minors acquiring and consuming. He shared that this was the
reason for the title change.
2:38:39 PM
REPRESENTATIVE GRUENBERG offered his opinion that this was a
disease for a minor as well and it did not make sense to not
increase the fine for both adults and minors. He asked whether
Chair Ramras would oppose the bill if that section were
reinserted.
CHAIR RAMRAS replied that this was precisely why he spoke to the
sponsor and is offering a committee substitute.
SENATOR MEYER explained that the bill was specifically to
increase the fine for minors, and those purchasing for minors,
as both of these groups impact the licensee. It was then
amended to include those with restricted licenses, but that was
not the sponsor's original intent. He reflected that this
amendment was different than the original intent, and he
expressed support for Chair Ramras.
REPRESENTATIVE GRUENBERG asked to clarify that this was now the
original bill version.
SENATOR MEYER verified that it is.
CHAIR RAMRAS opined that there is a difference between minors
forming their habits and adults fighting alcoholism.
REPRESENTATIVE GRUENBERG asked if the Senate would accept this
version.
SENATOR MEYER replied, yes.
2:41:53 PM
DALE FOX, President & CEO, Alaska Cabaret, Hotel, Restaurant &
Retailers Association (CHARR), stated that it was the minors
entering the premises that were making the choice to break the
law, yet it was the licensees who suffered the greatest risk.
He offered his belief that this bill will provide a deterrent.
He said that many of the smaller establishments could not afford
to execute these claims without some outside help, hence the
increase in the claims.
2:44:10 PM
CHAIR RAMRAS asked whether the Anchorage CHARR was collecting on
behalf of the licensees.
MR. FOX replied that CHARR was helping with the claims forms and
paperwork to file.
CHAIR RAMRAS asked Senator Meyer for an explanation to the civil
penalty which could be applied to the alcohol safety program.
2:44:51 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, replied that part of the civil damages could be
used toward the alcohol safety program, or a similar program.
She shared that Anchorage CHARR had negotiated about 42 cases
with 15 more court cases pending.
2:45:32 PM
SENATOR MEYER added that it was his understanding that with a
civil penalty, the alcohol safety program could not be required.
REPRESENTATIVE GRUENBERG offered his belief that, as the current
Version C was now the same as the original SB 194, it was no
longer necessary for the title amendment offered in the House
Concurrent Resolution.
[CHAIR RAMRAS indicated to Representative Gruenberg to withhold
his request.]
2:47:20 PM
SHIRLEY GIFFORD, Director, Alcoholic Beverage Control Board
(ABC), Department of Public Safety, in response to the earlier
question regarding compliance checks, agreed that the program is
not supported by all licensees. She relayed that in 2008, the
Board conducted more than 500 compliance checks, and in 2009,
this was increased by 42 percent. She reported that during this
time the success rate increased from 83 percent to 87 percent.
She praised the licensees, and shared that the ABC goal was for
95 percent success. She referred to studies which showed that
compliance checks increased compliance. She defended the
program. She pointed to AS 04.16.09 (f), which stated that a
person under 21 years of age does not violate the section. She
emphasized that the compliance program was working and she
voiced her pride for it. She stated that it protects the
licensees, in the long term.
2:52:11 PM
CHAIR RAMRAS expressed his appreciation for the zeal of the ABC
board, and directed attention to HB 75, which required minors to
surrender their driver's license upon turning 21 years of age.
He pointed out that this would remove vertical license use, but
he reported little assistance from law enforcement agencies. He
reported that his businesses would not accept a minor's driver's
license as identification. He expressed dissatisfaction with
the lack of interest from local law enforcement for enforcement
of HB 75. He questioned the aggressiveness of the ABC agents
involved in the sting operations, and opined that a better
sensitivity training for treatment of people is warranted.
2:59:18 PM
MS. GIFFORD indicated that she would strive to make improvements
in the training of the agents. She indicated that she has made
some procedural changes that she hopes will soon be seen by
licensees. She stated that she would be in contact with Mr. Fox
to work toward improvement.
CHAIR RAMRAS expressed concern for the behavior of law
enforcement officers toward those that pass the sting operation,
and asked for a written statement from ABC outlining the
improvements to the procedures.
MS. GIFFORD agreed to do so.
3:05:32 PM
CHAIR RAMRAS, after ascertaining that no one else wished to
testify, closed public testimony on SB 194.
3:05:40 PM
REPRESENTATIVE GRUENBERG moved to report CSSB 194(JUD), as
amended, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HCS
for CSSB 194(JUD) was reported from the House Judiciary Standing
Committee.
3:06:24 PM
REPRESENTATIVE GRUENBERG moved to report House Concurrent
Resolution, labeled 26-LS1624\A, Luckhaupt, 3/22/10 out of
committee. There being no objection, it was so ordered.
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