Legislature(2005 - 2006)BUTROVICH 205

05/02/2006 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 414 INTERCEPTION OF MINOR'S COMMUNICATIONS TELECONFERENCED
Moved SCS CSHB 414(JUD) Out of Committee
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL TELECONFERENCED
Heard & Held
+ HB 258 SEXUAL ASSAULT BY PERSON WITH HIV/AIDS TELECONFERENCED
Moved SCS CSHB 258(JUD) Out of Committee
+= HB 442 HEALTH CARE DECISIONS TELECONFERENCED
Heard & Held
           HB 190-REQUIRED ID FOR PURCHASING ALCOHOL                                                                        
                                                                                                                                
9:33:24 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  190(FIN)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
PAUL LABOLLE, Staff to  Representative Richard Foster, introduced                                                               
the bill. Alaska has some of  the strictest drunk driving laws in                                                               
the nation and  yet approximately 30 percent  of fatal collisions                                                               
involved  DUI's.  The bill  would  attempt  to decrease  alcohol-                                                               
related accidents  by requiring that  drunk drivers have  a stamp                                                               
on their  license or identification  card that would  alert those                                                               
who  sell alcohol  that  it  is illegal  for  that individual  to                                                               
purchase  or  consume  alcohol.  The  bill  would  also  allow  a                                                               
financial  incentive  for the  vendors  but  would not  make  the                                                               
program mandatory for them to comply.                                                                                           
                                                                                                                                
SENATOR CHARLIE  HUGGINS speculated  about the practicality  of a                                                               
restaurant owner refusing to serve a paying customer.                                                                           
                                                                                                                                
MR. LABOLLE said  that was addressed in the first  hearing of the                                                               
bill and is the reason that it is voluntary.                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRY  CRAWFORD  aired a  number  of  proprietors                                                               
would  like  the  ability  to  restrict  patrons  from  consuming                                                               
alcohol.                                                                                                                        
                                                                                                                                
9:37:13 AM                                                                                                                    
SENATOR HOLLIS FRENCH  expressed support for the  bill but agreed                                                               
with Senator  Huggins that requiring  restaurants to  perform the                                                               
license check doesn't make sense.                                                                                               
                                                                                                                                
MR. LABOLLE  said the main  problem with requiring them  to check                                                               
is with  liability. If an employee  decided not to check  the ID,                                                               
that  person  might have  recourse  to  sue  the vendor  for  not                                                               
preventing them from drinking.                                                                                                  
                                                                                                                                
CHAIR SEEKINS said  the bill seems to provide  a double standard.                                                               
He pointed out  that a vendor could run an  entrapment scheme and                                                               
collect $1,000 while allowing the person to consume alcohol.                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  responded that the $1,000  incentive was                                                               
the  reason for  the bill.  The offender  would have  that $1,000                                                               
hanging over his head anywhere (s)he goes.                                                                                      
                                                                                                                                
9:40:04 AM                                                                                                                    
REPRESENTATIVE  CRAWFORD asserted  that  Alaska is  not making  a                                                               
dent in alcohol-related crimes and he  hopes the bill will have a                                                               
positive impact.                                                                                                                
                                                                                                                                
CHAIR SEEKINS agreed with the intent of the bill.                                                                               
                                                                                                                                
9:41:31 AM                                                                                                                    
SENATOR  FRENCH said  the  bill  would have  the  most effect  on                                                               
people who are under 30 years  old and get "carded". He expressed                                                               
support for the bill.                                                                                                           
                                                                                                                                
SENATOR GRETCHEN GUESS  expressed support for the  bill and asked                                                               
the reason it would pertain only  to DUI's and not other drinking                                                               
issues.                                                                                                                         
                                                                                                                                
9:43:36 AM                                                                                                                    
REPRESENTATIVE CRAWFORD  said the bill started  out pertaining to                                                               
all alcoholic  offenses but was tailored  due to a lack  of solid                                                               
communication  through  the  different branches  and  systems  of                                                               
government. The DUI  notification is already set up  and, to keep                                                               
the costs  down, the  bill pertains only  to the  DUI conviction.                                                               
"Consider it a pilot program," he said.                                                                                         
                                                                                                                                
SENATOR  HUGGINS asked  whether it  would  still be  legal for  a                                                               
restricted person to drink at home.                                                                                             
                                                                                                                                
REPRESENTATIVE CRAWFORD said no.                                                                                                
                                                                                                                                
MS. CARPENETI concurred that when a  judge orders a person not to                                                               
consume alcohol, that carries over into the home.                                                                               
                                                                                                                                
SENATOR  HUGGINS expressed  concern that  the bill  would not  do                                                               
anything substantive.                                                                                                           
                                                                                                                                
REPRESENTATIVE CRAWFORD  responded that  the same model  has been                                                               
used for  underage drinkers and  has made an enormous  impact. He                                                               
urged the committee to move the bill.                                                                                           
                                                                                                                                
SENATOR HUGGINS responded that anyone could  use a fake ID to get                                                               
alcohol.  He  said he  supports  the  concept  but the  bill  has                                                               
loopholes.                                                                                                                      
                                                                                                                                
9:48:52 AM                                                                                                                    
SENATOR  GUESS  commented it  is  extremely  difficult to  police                                                               
everyone  but the  bill provides  speed bumps  and could  prevent                                                               
people from drinking and driving.                                                                                               
                                                                                                                                
CHAIR SEEKINS  said if  it were  up to him,  anyone who  has been                                                               
convicted  of an  alcohol-related crime  would be  prevented from                                                               
purchasing and consuming alcohol.                                                                                               
                                                                                                                                
DUANE BANNOCK,  Director, Division of Motor  Vehicles (DMV), said                                                               
the  Division has  spent much  time discussing  implementation if                                                               
the bill were  to become law. The DMV has  contact with the court                                                               
systems  in cases  of DUI's  and failures  to submit  to chemical                                                               
testing. They  have existing established communications  but will                                                               
need  additional  contact so  that  they  will  be able  to  know                                                               
exactly  which   person  is  subject   to  the   marked  license.                                                               
Practically speaking, it  would take minimal effort  to provide a                                                               
special mark on the license or ID card.                                                                                         
                                                                                                                                
The  arresting  officer  is  the one  who  takes  the  offender's                                                               
driver's  license  away but  often  times  a person  has  already                                                               
received a  new license  before the  DMV is  notified of  the DUI                                                               
conviction.                                                                                                                     
                                                                                                                                
CHAIR SEEKINS asked  the kind of notification that  DMV gets when                                                               
an officer confiscates a license.                                                                                               
                                                                                                                                
MR. BANNOCK admitted  that it takes a couple of  days for them to                                                               
receive notification.                                                                                                           
                                                                                                                                
10:00:26 AM                                                                                                                   
SENATOR FRENCH asked  Mr. Bannock where the mark  would be placed                                                               
on the license.                                                                                                                 
                                                                                                                                
MR. BANNOCK said probably at the top near the mountains.                                                                        
                                                                                                                                
10:02:51 AM                                                                                                                   
CHAIR SEEKINS  said he  would like  to spend  more time  with the                                                               
sponsors and so he held CSHB 190(FIN) in committee.                                                                             

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