Legislature(2007 - 2008)CAPITOL 120
03/12/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB126 | |
| HB118 | |
| HB29 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 126 | TELECONFERENCED | |
| + | HB 118 | TELECONFERENCED | |
| + | HB 29 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 118 - PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL 2:10:38 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 118, "An Act relating to underage possession of alcoholic beverages in a dwelling." 2:11:02 PM REPRESENTATIVE KEVIN MEYER, Alaska State Legislature, sponsor, relayed that HB 118 came about because constituents of his had a neighbor who was allowing his kids and their friends to have parties at his home wherein alcohol was consumed. Typically the police weren't doing anything when they'd respond to complaints about the parties, because the person wasn't providing the alcohol and the kids weren't admitting where they got the alcohol. Under HB 118, the person throwing the party, regardless of whether he/she provided the alcohol, could be fined up to $500. It is common knowledge, he remarked, that children most often get access to alcohol at either their own homes or at the homes of their friends. House Bill 118 would make it a non-criminal violation to permit underage persons to possess alcohol in the home. REPRESENTATIVE MEYER indicated that ideally, at such a party, law enforcement officers would determine who purchased the alcohol for the kids and then charge him/her with the crime of contributing to the delinquency of a minor, but that is often very difficult to determine, and so often the only thing law enforcement officers do is break up the party. With the passage of HB 118, an officer can at least issue a ticket to the host of the party, and thus it will be another tool to help fight underage drinking. CHAIR RAMRAS asked whether the child whose house it was would be the one ticketed if a parent weren't present. REPRESENTATIVE MEYER indicated that that would be the case, but if the parent were present, then he/she would receive the ticket. In response to another question, he said that only the person in control of the house would receive the ticket provided for in HB 118, though all of the kids could also be cited for minor consuming. He mentioned that HB 118 was derived from [another state's legislation]. CHAIR RAMRAS questioned whether this type of legislation would act as a deterrent. 2:16:47 PM MIKE PAWLOWSKI, Staff to Representative Kevin Meyer, Alaska State Legislature, on behalf of Representative Meyer, sponsor, surmised that HB 118 would act as a deterrent, particularly if one considers that just two or three such tickets can quickly amount to a lot of money, especially for those in their late teens or early twenties who are throwing parties for younger friends. In response to another question, he indicated that the bill would not apply in situations where kids gather outdoors and throw a party. REPRESENTATIVE MEYER said his intent is to deal with situations in which parents are letting their children and their children's friends consume alcohol in the home. REPRESENTATIVE SAMUELS asked whether the phrase "recklessly permit" - which is used on page 1, line 6 - is defined somewhere in statute. MR. PAWLOWSKI observed that AS 11.81.900(a)(3) reads: (3) a person acts "recklessly" with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had that person not been intoxicated acts recklessly with respect to that risk; CHAIR RAMRAS surmised that this standard would protect the parents if they had not given the kids permission to possess alcohol. MR. PAWLOWSKI, in response to a question, suggested that the bill would apply in situations involving roommates in a dormitory room [at a college]. REPRESENTATIVE SAMUELS acknowledged that such legislation might change the behavior of college students. REPRESENTATIVE MEYER added that in such a situation, the underage persons could also be cited for the crime of minor in possession. MR. PAWLOWSKI, in response to questions, indicated that although subsection (b) only references AS 12.55, for purposes of stipulating the punishment, only AS 12.55.035(b)(7), which says that a violation warrants a $500 fine, would be applied. 2:23:28 PM REPRESENTATIVE HOLMES, noting that there are already laws regarding minor in possession and minor consuming, asked why this bill is needed. REPRESENTATIVE MEYER said that typically when the police respond to complaints pertaining to underage drinking parties, the police don't try to charge all of the minors, and he feels that the proposed non-criminal violation will provide law enforcement with another tool. MR. PAWLOWSKI, in response to a question, offered his understanding that the Department of Law (DOL) prosecuted only 241 cases of minor consuming. According to law enforcement, he relayed, when officers respond to complaints of underage drinking parties, no one will admit to having furnished the alcohol. REPRESENTATIVE GRUENBERG opined that because the bill uses the phrase, "a person who possesses ... a dwelling" the homeowner could still be fined even if he/she is out of town at the time his/her child threw the party. Furthermore, the phrase "exercises dominion and control" could be the subject of much debate in cases that go to court. He suggested that if the intent is to restrict the violation to only those present at the time, the bill ought to be more tightly drafted. In response to a comment, he questioned whether the bill would in essence require homeowners to lock up their alcohol [when they leave town] so that they wouldn't be held responsible should their children decide to throw a party in their absence. CHAIR RAMRAS surmised that HB 118 puts the responsibility on the host of the party, and will become a tool for law enforcement. There is a degree of lawlessness that occurs when police respond to complaints of underage drinking parties taking place in homes - the kids simply scatter, no one can be held responsible, and then there are a bunch of kids under the influence roaming the neighborhood. The bill will act as another deterrent to stop underage people from consuming alcohol and will make neighborhoods safer. REPRESENTATIVE DAHLSTROM asked whether being ticketed under the provisions of the bill would affect either the homeowner's insurance or the minor's car insurance. REPRESENTATIVE MEYER offered to research that issue further. MR. PAWLOWSKI noted that AS 11.81.900(b)(63) says in part that conviction of a violation doesn't give rise to any disability or legal disadvantage based on conviction of a crime, but acknowledged that traffic tickets - which are also violations - do affect insurance rates. REPRESENTATIVE GRUENBERG said he is concerned that the bill will create confusion during prosecution. The standard being used may have some tort implications because it might apply when a child's friend gets drunk and then causes damage. Would the homeowner then be responsible for that damage? MR. PAWLOWSKI offered his understanding that there is what he termed a "social host exemption for culpability" in Title 4. 2:35:40 PM DIANE CASTO, Acting Deputy Director; Section Manager; Prevention & Early Intervention Manager, Division of Behavioral Health (DBH), Department of Health and Social Services (DHSS), said the [DBH] supports HB 118, adding that social host laws are becoming more popular around the country, are recommended at the federal level, are recommended in the [Institute of Medicine (IOM) of the National Academies'] "Reducing Underage Drinking" policies, and are recommended in the recently-published "Blueprint for the States: Policies to Improve the Ways States Organize and Deliver Alcohol and Drug Prevention and Treatment". Regardless of liability concerns, from prevention and early intervention standpoints, such laws will start to change some of the public "norms" about alcohol. For example, numerous times, she has heard parents say that if their kids are going to drink anyway, they'd prefer to let the kids drink at home. MS. CASTO questioned whether this is really what society wants, particularly given all the recent information about the effect alcohol consumption has on adolescent brain development. She suggested that this situation should be changed such that society stops supporting alcohol and drug consumption by youth, and bills like HB 118 are one step in that direction; such bills are aimed at changing the attitudes and the behaviors of the adults who purchase alcohol for youth. Although children will strive to obtain alcohol, the problem is compounded by large numbers of adults who think it is acceptable to purchase alcohol for children. The [DBH] supports HB 118 as a tool to start changing the societal attitude about underage drinking and the attitude of adults who currently think it's okay to give their children alcohol. MS. CASTO noted that the IOM has relayed that if the aforementioned public norm is to change, social host laws must also be partnered with a good public education campaign, otherwise people won't know about the change in law. She mentioned that 20 states currently have social host laws, and that 7 of those states specifically gear their law towards youth. 2:39:19 PM RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment, Division of Alaska State Troopers, Department of Public Safety (DPS), said the DPS supports HB 118, and sees it as a means of improving the quality of life in the neighborhoods. When law enforcement receives information of an underage drinking party in a home, one officer shows up at a scene where potentially there are dozens of kids who've been drinking and at least one person who is in control of the home. At that point the officer simply attempts to maintain some semblance of control and doesn't take the time to issue tickets to all the kids who've been drinking. If HB 118 were adopted, the officer would be able to at least issue a ticket to the person in charge of the home and thereby exert some control over the scene. He reiterated that the DPS fully supports the bill. CHAIR RAMRAS closed public testimony on HB 118. REPRESENTATIVE HOLMES said she agrees with Representative Gruenberg's comments regarding the phrase, "possesses or exercises dominion and control over a dwelling", adding that she does not want to have a homeowner be held liable if his/her house sitter throws a party wherein youth consume alcohol. REPRESENTATIVE SAMUELS asked the sponsor to provide information regarding possible exemptions. REPRESENTATIVE GRUENBERG pointed out that sometimes the kids are drinking in the home without the parents being aware of it, and suggested to the sponsor that he look into tightening the bill up. REPRESENTATIVE MEYER, in response to comments, said he would provide members with the additional information they requested. He surmised that in the case of a house sitter, unless the homeowner knows that the house sitter is going to be throwing underage drinking parties but leaves town anyway, the homeowner shouldn't have to worry about being held liable. CHAIR RAMRAS opined that HB 118 provides for no greater degree of liability than the liability that already exists for every homeowner regardless of his/her individual circumstances. REPRESENTATIVE LYNN said he is comfortable with moving the bill from committee. CHAIR RAMRAS suggested to Representative Meyer that he work to address members concerns before the bill is heard on the House floor. REPRESENTATIVE GRUENBERG said he is simply trying to help improve the bill rather than delay it, and would be happy to work with the sponsor. 2:47:49 PM REPRESENTATIVE LYNN moved to report [HB 118] out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 118 was reported from the House Judiciary Standing Committee.
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