Legislature(2007 - 2008)CAPITOL 17
02/28/2007 03:00 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB77 | |
| HB14 | |
| HB35 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 35 | TELECONFERENCED | |
| += | HB 77 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 14 | TELECONFERENCED | |
HB 14-RESTRICT ACCESS TO ALCOHOL 3:25:01 PM CHAIR OLSON 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." 3:25:23 PM REPRESENTATIVE NEUMAN made a motion to adopt CSHB 14, Version 25-LS0095\L, Luckhaupt, 2/26/07, as the working document. There being no objection, Version L was before the committee. 3:25:30 PM REPRESENTATIVE CRAWFORD, Alaska State Legislature, sponsor, stated that the current laws regulating alcohol are not working. He expressed his wish to focus on prevention, in addition to punishment, and opined that this is one way to do this. He explained that a repeat offender who is court ordered not to drink alcohol would receive an identifying mark on his or her drivers' license. Vendors would not be required to check the identification of every individual purchasing alcohol; however, there is a $1,000 incentive for those caught violating a court order. Additionally, the aforementioned individuals are not restricted from patronizing an establishment that sells alcohol. However, they are restricted from purchasing alcohol. CHAIR OLSON inquired as to whether an individual may refuse to show identification and still be served alcohol. REPRESENTATIVE CRAWFORD replied that an establishment can refuse to serve alcohol to any individual who refuses to show his or her identification. He reiterated that this is not a mandatory requirement. 3:28:21 PM REPRESENTATIVE LEDOUX offered her understanding that this is currently in statute. REPRESENTATIVE CRAWFORD replied yes. He pointed out that currently, checking identification can establish whether an individual is of legal age to consume alcohol. If HB 14 were to pass, checking identification would also show if an individual was a repeat alcohol offender. REPRESENTATIVE RAMRAS stated that the Department of Public Safety (DPS) has the authority to enter an establishment and card all individuals. He explained that this recently occurred at one of his establishments. REPRESENTATIVE NEUMAN asked why the new changes were made. REPRESENTATIVE CRAWFORD replied that the changes were made in order to clarify that the vendor does not have an obligation to check the identification, therefore there is no liability. In response to an additional question, he explained that the original bill was not mandatory, Version L simply offers further clarification. 3:32:44 PM REPRESENTATIVE RAMRAS stated that he is in support of HB 14. He questioned whether this might be expanded to include domestic violence, sex offenders, and other individuals with violent histories, who have been prohibited from having alcohol. 3:36:15 PM REPRESENTATIVE CRAWFORD, in response to a question from Representative Neuman, explained that unless the individual has the identifying mark on his or her drivers' license, the vendor cannot refuse service under the guise of this law. In response to additional comments, he offered his understanding that currently, a business may refuse service. He stated that this bill would not change any current laws; however, it would allow the aforementioned individuals to be identified. Furthermore, vendors and their representatives perform identification checks for underage individuals attempting to purchase alcohol, in addition to checking identification before allowing patrons to enter. He offered his understanding that this is working well, and brought attention to Brown Jug, Inc. If this does not work, the police may be contacted. This is not "breaking new ground," and may result in lower liability insurance rates. He explained that currently, an individual may not harass or exact retribution on a vendor or its representatives. 3:43:30 PM REPRESENTATIVE BUCH, in regard to Representative Neuman's concerns, offered his understanding that bouncers are subject to retribution for not allowing individuals into an establishment. He said "They choose to be in that position, ... they're in the business of protecting that establishment, and those owners. ... So, in defense of this bill, and your argument, I say that we have laws out there that do defend against ... unreasonable or illegal retribution." REPRESENTATIVE RAMRAS stated that his establishments seize fake identification cards regularly. He opined that there is a greater opportunity for a hostile confrontation when dealing with someone who is 20 years old, versus someone who is 60 years old. He surmised, then, that if this were to become law, retribution would not be a concern. 3:47:17 PM DUANE BANNOCK, Director, Division of Motor Vehicles (DMV), Department of Administration (DOA), stated that the DMV has worked with the sponsor to address concerns. The Division believes that the bill can be successful; however, standardization is needed from the courts. 3:49:19 PM DOUGLAS "DOUG" GRIFFIN, Director, Alcoholic Beverage Control Board ("ABC Board"), Department of Public Safety (DPS), stated that the discussion regarding the licensees' ability to deny services has been correct. 3:49:56 PM O C MADDEN III, Vice President of Human Resources & Loss Prevention, Brown Jug, Inc., began by urging members' support of HB 14. He stated that this is a "powerful tool" and will enable staff and security officers to make communities safer. He explained that at Brown Jug, Inc., staff members are trained to check identification of individuals under 30 years of age and individuals accompanying them, in addition to suspicious individuals. 3:50:46 PM ED O'NEIL, Vice Chairman & Owner, Brown Jug, Inc., stated his agreement with the aforementioned comments. He said "We're looking forward to it, and hope it's gonna make an impact nationwide...." He expressed his appreciation for the work that has been put into drafting this legislation. MR. MADDEN pointed out that Brown Jug, Inc. has seized 1700 pieces of identification since the underage drinking civil penalty measure was passed. This has been a very successful tool in addressing underage drinking. CHAIR OLSON expressed his appreciation for the diligence Brown Jug, Inc. has shown in checking for underage individuals. 3:52:15 PM JESSICA PARIS, National Council on Alcohol and Drug Dependence (NCADD), began by expressing support for HB 14. The NCADD feels this will provide communities with a tool for preventing the unnecessary injuries and fatalities caused by drunken driving. During the previous year, Juneau experienced 250 as a result of drunken driving. Of these, 111 were individuals with prior driving under the influence (DUI) convictions. She pointed out that one individual had 8 prior offences. Typically, it is the repeat offenders who are prohibited from drinking alcohol, in an attempt to keep communities safe, as well as assisting the offender with his or her alcohol problem. She then pointed out that in Juneau the previous year, the average blood alcohol content (BAC) of the those arrested for drunken driving was .17, more than double the legal amount. This bill gives licensees, servers, and members of the individual's family the opportunity to carry out the intentions of the court. Finally, she commented that a mandatory "carding" provision, such as that passed by Tennessee, would further ensure that these licenses were detected; however, HB 14 remains an important tool in Alaska's fight against drunken driving. 3:54:21 PM ANGELA SALERNO, Advocacy Coordinator, Alaska Mental Health Board (AMHB); Advisory Board on Alcohol and Drug Abuse (ABADA), began by stating that ABADA is in favor of prevention programs. She explained that HB 14 utilizes an environmental strategy, using public policy and community-level interventions to affect an entire population. She stated that environmental strategies have been very successful, and offered examples. She explained the various effects this type of prevention can have. 3:57:34 PM DOUG WOOLIVER, Administrative Attorney, Administrative Staff, Office of the Administrative Director, Alaska Court System (ACS) stated that the ACS does not have a position on HB 14. He then explained how the ACS would implement the necessary changes. This would include amending shared forms, and working with the DMV to implement these rules in a manner that is consistent with current ACS practices. REPRESENTATIVE RAMRAS reiterated his question regarding whether this may be extended to individuals who have been found guilty of domestic violence, sexual assault or other types of violent crime. MR. WOOLIVER replied that currently, ACS only sends the DMV judgments affecting driver's licenses. He opined that adding the aforementioned offences would greatly increase the workload. REPRESENTATIVE RAMRAS stated that this "puts a scarlet letter on people that do not manage their consumption of alcohol and choose to get behind the wheel of a car after they [have consumed] alcohol." He expressed appreciation for this; however, he pointed out that over-indulgence in alcohol can result in physical abuse and other types of violence. 4:02:13 PM REPRESENTATIVE GATTO questioned whether HB 14 may also apply to individuals guilty of consuming illegal substances. MR. WOOLIVER offered his understanding that the intention is to implement an existing court order for an individual not to consume alcohol. 4:03:20 PM REPRESENTATIVE CRAWFORD, in response to a question from Representative Ramras, explained that if physical abuse and other types of violence were included, the fiscal note would be greatly increased. He commented that beginning with drunken driving offences is a way of taking "baby steps" to show the efficacy. REPRESENTATIVE RAMRAS expressed his appreciation in the drafting of Version L. REPRESENTATIVE CRAWFORD, in response to questions from Representative Neuman, said "I have no intention of ever making this a mandatory bill." 4:07:03 PM REPRESENTATIVE GARDNER commented that this legislation is aimed at those who have proven to be a danger to people as a result of alcohol consumption. She opined that as long as an individual is at home and is not violent, he or she may consume as much alcohol as desired. She pointed out that the licensee is not required to check the identification. Additionally, HB 14 provides an incentive to licensees, while protecting employees. She shared her belief that this is a good tool, and the changes have improved the legislation. REPRESENTATIVE LEDOUX moved to report CSHB 14, Version 25- LS0095\L, Luckhaupt, 2/26/07, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 14(L&C) was reported from the House Labor and Commerce Standing Committee. 4:08:39 PM The committee took an at-ease from 4:08 PM to 4:11 PM.
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