Legislature(2007 - 2008)CAPITOL 120
04/13/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB225 | |
| HB14 | |
| HB90 | |
| HB14 | |
| HB90 | |
| HB220 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 164 | TELECONFERENCED | |
| *+ | HB 225 | TELECONFERENCED | |
| + | HB 220 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 14 | TELECONFERENCED | |
| += | HB 90 | TELECONFERENCED | |
HB 14 - RESTRICT ACCESS TO ALCOHOL 1:34:16 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 14, "An Act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole and relating to fees for the marked license; and requiring the surrender and cancellation of driver's licenses under certain circumstances." [Before the committee was CSHB 14(L&C).] CHAIR RAMRAS turned the gavel over to Representative Lynn. REPRESENTATIVE SAMUELS moved to adopt the proposed committee substitute (CS) for HB 14, Version 25-LS0095\V, Luckhaupt, 3/5/07, as the work draft. There being no objection, Version V was before the committee. 1:35:47 PM REPRESENTATIVE HARRY CRAWFORD, Alaska State Legislature, sponsor, indicated that HB 14 is meant to address drunk driving and the carnage that alcohol causes throughout the state. He recounted that after his own experience wherein his wife was hit by a drunk driver, he realized that drunk driving is a more pervasive problem [than he'd originally thought]. He said, "Today, we'll have a number of people drive drunk in this state; a number of them will be charged, a number of them will cause accidents, and there may even be deaths today because of drunk driving or other alcohol-related offenses." REPRESENTATIVE CRAWFORD mentioned that he has been attempting to get this legislation passed for three years, and that there have been a lot of iterations of the bill, which is attempting to prevent those who've proven they don't have the ability to handle alcohol from buying and consuming alcohol. Currently, although a judge can order a person to refrain from buying alcohol or entering premises where alcohol is sold, such orders are not enforced because those who are under such orders can't be identified. House Bill 14 establishes a voluntary program for licensees that will provide them with a method by which to identify persons who have been ordered to refrain from buying alcohol or entering premises where alcohol is sold. REPRESENTATIVE CRAWFORD said that because the proposed program is voluntary, there won't be any penalty against a licensee who chooses not to check a person's identification (ID) card for the purpose of determining whether the person has been ordered by the court to refrain from buying alcohol or entering premises where alcohol is sold. However, if a licensee chooses to check a person's ID, under HB 14, that ID will have been marked in such a way that a license will know whether a person is under such an order. The bill also provides licensees with a monetary incentive to check a person's ID; if a licensee checks a person's ID and determines that the person has been ordered to refrain from buying alcohol or entering premises where alcohol is sold, the licensee could receive $1,000 in civil damages. 1:40:23 PM REPRESENTATIVE CRAWFORD said that HB 14 focuses on prevention rather than on punishment since the latter alone has not been effective, adding that many Alaskans no longer have intact families because of those who've proven they are incapable of handling alcohol. In response to a question, he relayed that the bill only pertains to people who have been ordered by the court to refrain from buying alcohol or entering premises where alcohol is sold. REPRESENTATIVE CRAWFORD, in response to another question, indicated that a licensee is only liable if he/she asks to see a person's ID, sees that the person has been ordered by the court to refrain from buying alcohol or entering premises where alcohol is sold, and then proceeds to serve or sell that person alcohol anyway. If a licensee never asks to see the person's ID, then the licensee wouldn't be liable under the bill. REPRESENTATIVE SAMUELS noted that some establishments check everyone's ID and so such establishments could be held liable. REPRESENTATIVE CRAWFORD, in response to a question, said that a person who has been ordered by the court to refrain from buying alcohol or entering premises where alcohol is sold could be subject to a $1,000 civil penalty - which would go to the licensee - if the person attempts to purchase alcohol and the licensee checks the person's ID and sees that the person may not purchase alcohol. 1:47:06 PM ED O'NEILL, Brown Jug, Inc. ("Brown Jug"), noting that April is Sexual Assault Awareness Month, relayed that Brown Jug does a lot of Bush order business, and therefore would like to see IDs getting marked as HB 225 proposes so that the company could refrain from shipping alcohol to those that have been ordered by the court to refrain from buying alcohol or entering premises where alcohol is sold. Keeping alcohol out of the hands of people who shouldn't have it will help in the battle against sexual assault as well as drunk driving. He offered his company's hope that the bill will be allowed to continue through the process. REPRESENTATIVE LYNN announced that the committee would hold HB 14 [Version V] over until later in the meeting. HB 14 - RESTRICT ACCESS TO ALCOHOL 2:06:36 PM CHAIR RAMRAS announced that the committee would next return to the hearing on HOUSE BILL NO. 14, "An Act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole and relating to fees for the marked license; and requiring the surrender and cancellation of driver's licenses under certain circumstances." [Before the committee was the proposed committee substitute (CS) for HB 14, Version 25-LS0095\V, Luckhaupt, 3/5/07, which had been adopted as the work draft earlier in the meeting.] REPRESENTATIVE SAMUELS moved to report the proposed committee substitute (CS) for HB 14, Version 25-LS0095\V, Luckhaupt, 3/5/07, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 14(JUD) was reported from the House Judiciary Standing Committee.
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