Legislature(2007 - 2008)CAPITOL 106

04/02/2007 05:00 PM RULES

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05:04:31 PM Start
05:04:31 PM HB118
05:09:20 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSHB 118(RLS) Out of Committee
HB 118-PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL                                                                               
5:04:31 PM                                                                                                                    
CHAIR COGHILL announced that the  only order of business would be                                                               
HOUSE BILL  NO. 118, "An  Act relating to underage  possession of                                                               
alcoholic beverages in a dwelling."                                                                                             
5:04:46 PM                                                                                                                    
REPRESENTATIVE SAMUELS  moved that the committee  adopt Amendment                                                               
1, which read:                                                                                                                  
     Page 1, line 5:                                                                                                            
          Delete "possesses or exercises"                                                                                       
       Insert   "is   physically    in   possession   and                                                                       
CHAIR COGHILL objected.                                                                                                         
5:04:52 PM                                                                                                                    
REPRESENTATIVE  KEVIN MEYER,  Alaska State  Legislature, sponsor,                                                               
explained that HB 118 addresses  a scenario in which [individuals                                                               
over the  age of 21] host  a party at which  underage individuals                                                               
are  present [and  drinking alcohol].   The  difficulty in  these                                                               
situations is  that it  takes law  enforcement a  lot of  time to                                                               
[process]  numerous  underage  kids  for  minors  in  possession.                                                               
Furthermore,  it's difficult  to  prove that  the adults  present                                                               
furnished   the  underage   individuals   the   alcohol.     This                                                               
legislation  provides law  enforcement  another tool  in which  a                                                               
noncriminal violation  of $500 can  be charged to the  person who                                                               
is over  age 21.  Amendment  1 was recommended by  the Department                                                               
of Law to which he deferred for explanation.                                                                                    
5:06:56 PM                                                                                                                    
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section  -   Juneau,  Criminal   Division,  Department   of  Law,                                                               
explained that Amendment  1 was suggested in order to  get at the                                                               
person in  actual physical  possession [of  a residence  at which                                                               
underage individuals were consuming].                                                                                           
5:07:41 PM                                                                                                                    
REPRESENTATIVE HARRIS  related his  understanding then that  if a                                                               
parent goes out of town and  leaves one of his/her minor children                                                               
behind in the  care of an individual 21 years  old or older, then                                                               
that individual would be in physical charge of the residence.                                                                   
MS.  CARPENETI said  that it  would depend.   If  the 21-year-old                                                               
individual is babysitting  and in charge of the home  in place of                                                               
the parents, then  that individual would be  in actual possession                                                               
of  the home  and responsible  for  ensuring that  no minors  are                                                               
consuming on the property or  such an individual would be subject                                                               
to this violation.                                                                                                              
REPRESENTATIVE   HARRIS  surmised   then  that   [the  violation]                                                               
wouldn't  be placed  on  the owner  of the  home  but rather  the                                                               
individual   physically  present   at  the   time  [minors   were                                                               
MS. CARPENETI replied yes.                                                                                                      
5:08:54 PM                                                                                                                    
CHAIR COGHILL removed his objection.                                                                                            
There being no further objection, Amendment 1 was adopted.                                                                      
5:09:04 PM                                                                                                                    
REPRESENTATIVE SAMUELS  moved to report  HB 118, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB                                                               
118(RLS) was reported from the House Rules Standing Committee.                                                                  

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