Legislature(2009 - 2010)BELTZ 211

04/06/2009 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= SB 148 LIABILITY FOR TRIBAL ROAD CONSTRUCTION
Moved CSSB 148(JUD) Out of Committee
+= SB 85 ALCOHOL: LOCAL OPTION/LICENSING/MINORS TELECONFERENCED
Moved CSSB 85(JUD) Out of Committee
+= SB 110 PRESERVATION OF EVIDENCE TELECONFERENCED
Moved CSSB 110(JUD) Out of Committee
*+ SB 176 COMPACT: EDUCATION OF MILITARY CHILDREN TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB  85-ALCOHOL: LOCAL OPTION/LICENSING/MINORS                                                                      
                                                                                                                                
1:57:07 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of SB 85  and asked for                                                               
a motion to  adopt work draft committee  substitute (CS), version                                                               
\S.                                                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI moved  to adopt  work draft  CS for  SB 85,                                                               
labeled  26-GS1009\S, as  the working  document.  There being  no                                                               
objection, version S was before the committee.                                                                                  
                                                                                                                                
ANNE CARPENETI,  Attorney, Criminal Division, Department  of Law,                                                               
explained that  this CS does  not contain the  provisions dealing                                                               
with local  options that  were in the  original bill.  Those were                                                               
removed primarily due to the  reaction by the community of Bethel                                                               
and their representatives.                                                                                                      
                                                                                                                                
CHAIR FRENCH noted the resolution in  the packet from the City of                                                               
Bethel opposing much  of the original bill and  stated his belief                                                               
that  the CS  addresses most  of  the concerns  expressed in  the                                                               
resolution.                                                                                                                     
                                                                                                                                
MS. CARPENETI  explained that the  bill consists of  three parts.                                                               
The first  two make minor  technical changes to  legislation that                                                               
was  adopted  last year  dealing  with  alcohol enforcement.  She                                                               
offered  to again  explain those  changes  and members  indicated                                                               
that  wasn't necessary.  The remaining  issue is  to adopt  civil                                                               
penalties for licensees  or owners of bars and  package stores if                                                               
one  of their  agents  or employees  is  convicted of  furnishing                                                               
alcohol  to  a minor  while  working  on the  licensed  premises.                                                               
Current law  provides that  a bartender can  be prosecuted  for a                                                               
class  A misdemeanor  if he  or  she is  convicted of  furnishing                                                               
alcohol  to a  minor. She  noted that  mistakes shouldn't  happen                                                               
very  often now  that Alaska  driver licenses  for minors  have a                                                               
vertical, as opposed to horizontal, format.                                                                                     
                                                                                                                                
1:59:29 PM                                                                                                                    
MS.  CARPENETI  said   under  current  law  there   are  no  real                                                               
consequences  to  the owners  of  a  bar  or liquor  store  whose                                                               
employee is  convicted of  furnishing alcohol  to a  minor. While                                                               
most  licensees are  responsible and  take steps  to ensure  that                                                               
they  don't  serve minors,  investigations  of  bars and  package                                                               
stores have  shown that  about 20 percent  fail to  maintain that                                                               
high  standard.  The administration  would  like  to reduce  that                                                               
failure  rate  and  has  decided   to  take  direction  from  the                                                               
successful  tobacco  enforcement  program. When  civil  penalties                                                               
were adopted for  the owners of stores whose  employees or agents                                                               
sold tobacco to under age people, the effect was dramatic.                                                                      
                                                                                                                                
SB  85  adopts less  severe  penalties  than  the ones  that  the                                                               
Governor tried  to adopt  in previous  years. This  bill provides                                                               
that  for the  first offense  the  owner receives  a letter  that                                                               
explains the  penalties for subsequent  offenses. The  second and                                                               
subsequent offenses  bring a  $1,000 fine. The  hope is  that all                                                               
bar owners will be more responsible.                                                                                            
                                                                                                                                
2:02:25 PM                                                                                                                    
DIANE CASTO,  Project Manager, Prevention and  Early Intervention                                                               
Services,  Division of  Behavioral Health,  Department of  Health                                                               
and  Social  Services,  said her  section  of  behavioral  health                                                               
manages  the  tobacco  enforcement and  education  program.  This                                                               
involves   going  out   into   communities   to  check   business                                                               
establishments for a number of  things including sales to minors.                                                               
These  so called  "SYNAR checks   tie the  percentage of  tobacco                                                               
sales  to minors  to a  state    ability to  receive its  federal                                                               
substance abuse prevention and treatment  block grant. Every year                                                               
each state  receives a block  grant from SAMHSA  (Substance Abuse                                                               
Mental   Health  Services   Administration)  for   treatment  and                                                               
prevention of  substance abuse,  but penalties  are imposed  if a                                                               
state  has a  sell rate  of  tobacco to  minors that  is over  20                                                               
percent. We  take our tobacco enforcement  very seriously because                                                               
we  don't want  to lose  funding and  because we  don't want  our                                                               
youth smoking cigarettes and having  access to tobacco, Ms. Casto                                                               
said. According  to the youth  risk behavior survey,  tobacco use                                                               
by youths  has dropped  significantly every  year since  the more                                                               
punitive penalties were imposed.  Likewise, access to tobacco has                                                               
reduced.                                                                                                                        
                                                                                                                                
CHAIR FRENCH reviewed  a chart on display and  observed that 2002                                                               
was the break-over year.                                                                                                        
                                                                                                                                
MS.  CASTO said  that  was  the first  year  that penalties  were                                                               
imposed on businesses with  tobacco endorsements. Those penalties                                                               
are more punitive than the ones  proposed in SB 85, but they have                                                               
been proven to work, she added.                                                                                                 
                                                                                                                                
2:06:51 PM                                                                                                                    
CHAIR FRENCH clarified for the  listening audience that Ms. Casto                                                               
is arguing by analogy.                                                                                                          
                                                                                                                                
MS. CASTO  said that's correct,  but there are  similarities. She                                                               
explained that youths work with  the tobacco investigators to try                                                               
to  purchase  tobacco.  That's   how  the  compliance  rates  are                                                               
determined. Under a partnership  agreement these same youths have                                                               
for  the  last  several  years   also  worked  with  the  alcohol                                                               
investigators to try to purchase  alcohol. Interestingly, a youth                                                               
that is able  to purchase alcohol from a business  is turned away                                                               
when he or she tries to buy  tobacco. One reason for that is that                                                               
the  penalties for  selling  tobacco  to a  minor  are much  more                                                               
severe. "People  are much  more aware of  not selling  tobacco to                                                               
minors than they are of alcohol," she said.                                                                                     
                                                                                                                                
MS.  CASTO  referenced  several research  reports  on  regulatory                                                               
strategies for  preventing youth access  to alcohol that  look at                                                               
commercial  availability,  social  and public  availability,  and                                                               
youth  possession.   This  research  found   that  administrative                                                               
sanctions  are  a best  practice  for  reducing youth  access  to                                                               
alcohol. These sanctions target the  licensee because they are in                                                               
the best  position to prevent  future violations by  setting good                                                               
policies  and providing  good training  for the  clerks who  sell                                                               
alcohol. Under current law just  the clerks receive a penalty for                                                               
selling  alcohol   to  a  minor.  Having   clear  and  consistent                                                               
penalties is an excellent part  of a multi-strategy approach. But                                                               
we aren't  saying that retail  stores and  bars are the  only way                                                               
that youths get  alcohol, Ms. Casto emphasized. In  fact, a youth                                                               
risk  behavior  survey indicates  that  youth  get their  alcohol                                                               
through a licensed  vendor just seven percent of  the time. Other                                                               
ways include  raiding parents' liquor cabinets,  standing outside                                                               
an  establishment  and asking  an  adult  to  buy for  them,  and                                                               
getting it from  older friends. "We see this as  part of a multi-                                                               
strategy approach  to impact all  of these different  areas,  she                                                               
said. Research  also shows that to  be effective there must  be a                                                               
credible  threat  of consequences  that  are  swift, certain  and                                                               
continue  over  time.  Administrative   penalties  are  the  most                                                               
effective mechanism for deterring sales of alcohol to minors.                                                                   
                                                                                                                                
2:09:51 PM                                                                                                                    
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
MS. CASTO related  that as with most things in  health and social                                                               
services, they are  looking to best practices  that have research                                                               
and evaluation behind them and that  have data that show that the                                                               
strategies  that are  used are  effective.  "Everything that  has                                                               
been  studied has  shown that  administrative  penalties for  the                                                               
licensee  is   a  very  effective  method   of  reducing  alcohol                                                               
accessibility  to youth  and I  think  the tobacco  example is  a                                                               
perfect comparison," Ms. Casto stated.                                                                                          
                                                                                                                                
CHAIR FRENCH said public testimony  has been closed, but he would                                                               
point out  that the current  CS removes the local  option aspects                                                               
of  the bill  so  most  of the  concerns  articulated in  earlier                                                               
public testimony have been addressed.                                                                                           
                                                                                                                                
SENATOR THERRIAULT referred to page 1,  line 12, and asked if the                                                               
bill is clear  on how the warning for a  first conviction will be                                                               
issued.                                                                                                                         
                                                                                                                                
CHAIR FRENCH asked  Ms. Carpeneti if she foresees  the warning to                                                               
be written or verbal.                                                                                                           
                                                                                                                                
MS. CARPENETI said  she assumes it would be written  but it would                                                               
be helpful if it were spelled out.                                                                                              
                                                                                                                                
CHAIR  FRENCH asked  Senator Therriault  if he'd  like to  move a                                                               
friendly amendment.                                                                                                             
                                                                                                                                
2:12:49 PM                                                                                                                    
SENATOR THERRIAULT moved Amendment 1.                                                                                           
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Insert "written" before "warning"                                                                                     
                                                                                                                                
CHAIR FRENCH  found no objection  and announced that  Amendment 1                                                               
is adopted.                                                                                                                     
                                                                                                                                
He noted that  Mr. Mittman with the ACLU and  Doug Moody with the                                                               
Public  Defender Agency  are online  to answer  questions on  the                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR THERRIAULT asked for clarification  that just one warning                                                               
will  be issued  per licensed  premises and  not one  warning per                                                               
employee.                                                                                                                       
                                                                                                                                
2:14:36 PM                                                                                                                    
MS. CARPENETI said that's correct.                                                                                              
                                                                                                                                
SENATOR THERRIAULT asked  if there would be a way  for a licensee                                                               
to get around this by reformulating their business.                                                                             
                                                                                                                                
MS. CARPENETI replied DOL envisions this going to the license.                                                                  
                                                                                                                                
CHAIR FRENCH stated  for the record that Sections 2-5  of this CS                                                               
have not been changed.                                                                                                          
                                                                                                                                
MS.  CARPENETI  corrected her  previous  statement  and said  she                                                               
reads  the bill  to  say  that if  a  bar  owner transfers  their                                                               
license  the new  licensee  would  start over  and  get one  free                                                               
strike.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH restated  that the  transgression  does not  travel                                                               
with the paper license; it  transfers with the person holding the                                                               
license.                                                                                                                        
                                                                                                                                
MS.  CARPENETI  stated agreement;  that's  the  point of  holding                                                               
responsible the person  who is running the  business, setting the                                                               
tone, and adopting the policies.                                                                                                
                                                                                                                                
2:16:42 PM                                                                                                                    
SENATOR WIELECHOWSKI moved  to report CS for SB 85,  version S as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal  note(s). There being no  objection, CSSB 85(JUD)                                                               
moved from the Senate Judiciary Standing Committee.                                                                             

Document Name Date/Time Subjects