Legislature(2005 - 2006)BUTROVICH 205
05/02/2006 08:30 AM JUDICIARY
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* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.