Legislature(2005 - 2006)BUTROVICH 205

04/25/2005 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 101 REVISOR'S BILL TELECONFERENCED
Moved CSSB 101(JUD) Out of Committee
+ HB 54 BAIL REVIEW TELECONFERENCED
Heard & Held
+ HB 219 STRANGULATION CRIMES TELECONFERENCED
Moved CSHB 219(FIN) Out of Committee
+ HB 116 LIABILITY FOR ALCOHOL LAW VIOLATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
       CSHB 116(JUD)-LIABILITY FOR ALCOHOL LAW VIOLATIONS                                                                   
                                                                                                                                
10:11:46 AM                                                                                                                   
CHAIR RALPH SEEKINS announced HB 116 to be up for consideration.                                                                
                                                                                                                                
MR. MICHAEL PAWLOWSKI introduced  HB 116. Under current statutes,                                                               
persons under 21 years of age  can be sued by license holders for                                                               
assisting   law  enforcement   officers   in  investigating   and                                                               
enforcing compliance  with the  state's alcoholic  beverage laws.                                                               
HB 116 adds protection for a young person to the statutes.                                                                      
                                                                                                                                
SENATOR  GRETCHEN  GUESS  asked   the  difference  between  peace                                                               
officer and law enforcement officer.                                                                                            
                                                                                                                                
MR. PAWLOWSKI voiced he is not certain.                                                                                         
                                                                                                                                
CHAIR RALPH  SEEKINS stated  peace officers  could be  members of                                                               
the Department  of Fish and  Game. Police officers have  to reach                                                               
certain standards.                                                                                                              
                                                                                                                                
SENATOR HOLLIS FRENCH read the definition of peace officer:                                                                     
     "A  public  servant  vested  by  law  with  a  duty  to                                                                    
     maintain public  order or to  make arrests  whether the                                                                    
     duty  extends  to  all  offenses or  is  limited  to  a                                                                    
     specific class of offenses or offenders."                                                                                  
                                                                                                                                
10:16:26 AM                                                                                                                   
SENATOR FRENCH asked whether anyone has been sued.                                                                              
                                                                                                                                
MR. PAWLOWSKI said yes.                                                                                                         
                                                                                                                                
CHAIR  SEEKINS  asked   the  reason  HB  116  does   not  have  a                                                               
retroactive clause.                                                                                                             
                                                                                                                                
MR.  PAWLOWSKI  explained  passing legislation  retroactively  is                                                               
problematic.                                                                                                                    
                                                                                                                                
10:18:54 AM                                                                                                                   
SENATOR GENE THERRIAULT commented if  the case were still pending                                                               
while the law is changed it would nullify the case.                                                                             
                                                                                                                                
SENATOR FRENCH  commented an immediate effective  date would shut                                                               
any active case down.                                                                                                           
                                                                                                                                
SENATOR GUESS asked the statute of limitations.                                                                                 
                                                                                                                                
MR. PAWLOWSKI did not know.                                                                                                     
                                                                                                                                
10:20:52 AM                                                                                                                   
CHAIR  SEEKINS  expressed  concern  regarding  tying  up  pending                                                               
cases.                                                                                                                          
                                                                                                                                
SENATOR THERRIAULT  suggested the  committee put the  question to                                                               
the drafter.                                                                                                                    
                                                                                                                                
CHAIR SEEKINS suggested the committee further research options.                                                                 
                                                                                                                                
10:25:21 AM                                                                                                                   
SENATOR THERRIAULT  asked for a  witness to inform  the committee                                                               
regarding the lawsuit pending.                                                                                                  
                                                                                                                                
MR.  DOUG  GRIFFIN,  director, Alcohol  Beverage  Control  Board,                                                               
advised the  case pending  is in Fairbanks.  He could  not recall                                                               
the establishment but  the primary licensee is a  Mr. Lambert who                                                               
owns several businesses with liquor licenses in Fairbanks.                                                                      
                                                                                                                                
10:28:17 AM                                                                                                                   
CHAIR  SEEKINS asked  the  number  of persons  in  jeopardy of  a                                                               
lawsuit if the bill is not made retroactive.                                                                                    
                                                                                                                                
MR. GUANELI could not determine.                                                                                                
                                                                                                                                
10:30:46 AM                                                                                                                   
MS. CINDY CASHEN, past executive  director, Mothers Against Drunk                                                               
Driving, testified in  support of HB 116. She  advised a majority                                                               
of  their young  people volunteer  to work  with law  enforcement                                                               
officers  to  raise awareness  of  underage  drinking and  minors                                                               
purchasing alcohol. While  the compliance check rate  has gone up                                                               
the establishment  owners have  developed a  phone tree  and they                                                               
alert  other  business  owners  when there  is  an  operation  in                                                               
effect.  In Juneau  there  are 5  to 6  people  who volunteer  on                                                               
compliance checks. Statewide there are close to 25.                                                                             
                                                                                                                                
10:33:04 AM                                                                                                                   
MS.  CASHEN  detailed  the  pending   case  of  the  teenager  in                                                               
Fairbanks.  The compliance  operation was  a planned  event. Some                                                               
business owners found  a loophole to challenge the  sting. Two of                                                               
them in Fairbanks fully intend to take the teenager to court.                                                                   
                                                                                                                                
CHAIR SEEKINS suggested the committee  research to see whether HB
116 could be retroactive. He held HB 116 in committee.                                                                          

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