04/16/1998 03:12 PM House HES

HB 388 - RIGHT TO REFUSE TO SERVE LIQUOR                                       
                                                                               
Number 0024                                                                    
                                                                               
CHAIRMAN BUNDE announced the first order of business to come before            
the committee was HB 388, "An Act relating to the right to refuse              
to sell, give, or serve an alcoholic beverage."  He asked                      
Representative Dyson to present his bill.                                      
                                                                               
Number 0071                                                                    
                                                                               
REPRESENTATIVE FRED DYSON said one of the key issues he's been                 
working on for the past couple years is fetal alcohol syndrome and             
fetal alcohol effects and in his efforts toward prevention, he                 
spent time with ARBA/CHAR, the professional organization of bar                
owners and bar workers in the state.  During his visit, concern was            
expressed regarding the legality of refusing to serve someone who's            
pregnant out of concern for alcohol poisoning of the unborn child.             
He explained Alaska's rights to refusal law states that an employee            
can refuse to serve a person if there is belief they'd be                      
endangering themselves or others.  Bar owners in Oregon have been              
sued both ways; for refusing to serve someone who is obviously                 
pregnant and for not refusing.  He understands that both lawsuits              
were unsuccessful, but still it remains an open question.                      
                                                                               
REPRESENTATIVE DYSON said, "The current state of the research says             
that we do not know that there's any safe period or safe amount of             
alcohol to be consumed that there's no danger to the unborn child.             
Apparently, the earlier in the pregnancy, the greater the danger,              
but there is apparently impact on the unborn child all the way                 
through gestation."  He said he introduced this legislation at the             
request of the bar owners.  Many of the industry representatives               
refuse to serve pregnant women as a matter of protecting the unborn            
child and there haven't been any lawsuits filed for refusal to                 
serve; however, he thinks that day is coming.                                  
                                                                               
Number 0302                                                                    
                                                                               
REPRESENTATIVE BRIAN PORTER asked if Representative Dyson's                    
research on this issue indicated what the intent was of the                    
existing statute to which this legislation is being added.                     
                                                                               
REPRESENTATIVE DYSON surmised that a bar owner does not want to                
continue to serve someone who is getting violent and may be a                  
danger to others or to themselves personally.                                  
                                                                               
Number 0386                                                                    
                                                                               
REPRESENTATIVE JOE GREEN inquired, "In drafting this, did you                  
discuss with the attorneys whether by including this, there could              
be an implied problem built for a bar owner who decides to go ahead            
- since it's a "may" not a "shall not" - and goes ahead and serves             
a pregnant woman and something happens, are you building any                   
concern here by including this specifically in the law?"                       
                                                                               
REPRESENTATIVE DYSON said industry representatives and their                   
advisors have not been wary about that.                                        
                                                                               
CHAIRMAN BUNDE noted there were individuals standing by on                     
teleconference to testify on HB 388.  He asked Lori Namyniuk to                
testify at this time.                                                          
                                                                               
Number 0463                                                                    
                                                                               
LORI NAMYNIUK testified via teleconference from Anchorage, and                 
thanked Representative Dyson for his efforts in the prevention of              
fetal alcohol syndrome and for bringing a very serious problem to              
the forefront by introducing HB 388.  She believed in the concept,             
but thought it would be difficult to legislate.  She said it is                
known that harm can be caused to a fetus prior to a woman being                
visibly pregnant which would make it difficult for bar owners to               
recognize the pregnancy.  Her research on fetal alcohol syndrome               
indicates that more serious damage is caused within the first and              
second trimester.  Also, alcohol isn't the only substance that                 
causes severe damage to unborn children; smoking also does so if               
alcohol consumption by pregnant women is legislated where will it              
stop.  She said, "I guess instead of sort of following suit with               
the work you've been doing currently, I think it would be better to            
continue those efforts and put our focus toward education in a hope            
that individuals would make informed positive choices for their                
health and the health of their children and families.  It would not            
just focus on the woman, but realize that it's a whole family                  
problem."  She said Representative Dyson's efforts with the                    
statewide coordinator and the Governor's Smart Start program were              
the beginnings of working toward both providing education and                  
direct services for women and families.  Her concern is that                   
pregnant women would view HB 388 as a punishment, and go                       
"underground" or drink in private for fear of being punished or for            
the societal judgment, and may not seek out social services or                 
residential treatment for their substance use, or worse yet, would             
not seek medical care.                                                         
                                                                               
CHAIRMAN BUNDE thanked Ms. Namyniuk for her testimony and asked                
Morris Bentely for his comments.                                               
                                                                               
Number 0628                                                                    
                                                                               
MORRIS BENTELY, Member, Fetal Alcohol Syndrome/Fetal Alcohol                   
Effects Task Force, testified via teleconference from Bethel in                
support of HB 388.  He discussed some of the problems associated               
with alcohol in the Bethel area and even though Bethel doesn't have            
any bar owners, he thought perhaps it would keep the bootleggers               
from selling alcohol to pregnant women.  He supported efforts to               
stop the problem or solve the problem before the birth of a child              
who could end up with lifelong behavioral problems.                            
                                                                               
CHAIRMAN BUNDE thanked Mr. Bentely for his comments.  He closed                
public testimony and asked the wishes of the committee.                        
                                                                               
Number 0688                                                                    
                                                                               
REPRESENTATIVE PORTER made a motion to pass HB 388 from committee              
with individual recommendations.  Hearing no objection, HB 388                 
moved from the House Health, Education and Social Services                     
Committee.