Legislature(2007 - 2008)
05/10/2007 01:36 PM Senate L&C
| Audio | Topic |
|---|---|
| Start | |
| SB170 | |
| HB14 | |
| HB113 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 14(JUD)-RESTRICT ACCESS TO ALCOHOL
2:07:17 PM
CHAIR ELLIS announced CSHB 14(JUD) to be up for consideration.
HEATHER BEATY, staff to Representative Harry Crawford, sponsor
of HB 14, said this bill was introduced in an effort to find a
new approach to reducing the number of drunk driving injuries
and fatalities in Alaska. The way it would work is that when a
judge or parole board issues an order that a convicted drunk
driver not consume alcohol, a mark would be placed on that
person's driver's license or state I.D. card. This mark would
let bars, liquor stores and clubs know that that person is
prohibited from consuming alcohol. If the person attempts to
purchase alcohol, he faces a $1,000 penalty that would be
collected by the bar or the liquor store that catches them.
The $1,000 civil penalty is modeled after the penalties for
minors attempting to purchase alcohol on behalf of a minor. The
legislation has received broad support including a unanimous
vote of support by the House of Representatives. There are
letters of support in the packet from CHARR, the Advisory Board
on Alcoholism and Drug Abuse, and the Alaska Mental Health
Board.
2:10:06 PM
CHAIR ELLIS asked if this bill in any way interplays with one
brought up by Representative Ramras about vertical and
horizontal configurations of I.D.s.
MS. BEATY replied that she wasn't familiar with that proposal,
but Alaska licenses have a stripe with a navy blue background
and under this bill, that stripe would be red for those who are
court-ordered to not drink.
SENATOR BUNDE asked if they were referring only to DWI folks and
asked what if someone were a chronic alcohol abuser and was
involved in domestic violence, would they also be required to
get this license.
MS. BEATY replied that expanding this bill to include everyone
who was court-ordered to not drink was discussed, but the fiscal
note for that was astronomical and the court already has an
automatic way to communicate with the Division of Motor Vehicles
(DMV) on drunk driving offenses. Adding the red stripe to drunk
driving offenders is an additional check-box on a form that
doesn't generate much cost. The support system is not capable at
this time of communicating all of those orders to the DMV.
SENATOR BUNDE asked how the court communicates a DWI to the DMV
now.
MS. BEATY said it sends a form to the DMV indicating there has
been a conviction and this would go along with the license
revocation paperwork.
2:12:54 PM
ED O'NEIL, owner, Brown Jug, said he sees a lot of benefit in
this legislation especially with the help of the Judicial
Branch. He said there is a lot of sexual abuse in the villages
and a lot of the towns are small and you know who you are
dealing with.
SENATOR BUNDE asked when he gets a Bush order, does it include a
driver's license or another form of I.D. because everyone in the
Bush does not drive.
MR. O'Neil replied that it is either a state I.D. or a driver's
license that has been scanned into the system now. He said 1 in
5 people between the ages of 9 and 18 are abused and this is a
huge issue.
SENATOR BUNDE asked if someone had a DWI red mark on their
driver's license, couldn't they use a state I.D. instead.
MR. O'NEIL replied that he understands that this applies to
state I.D.s as well as driver's licenses.
MS. BEATY agreed that this bill applies to both state I.D. cards
as well as licenses. After a DWI conviction the driver's license
and state I.D. would be confiscated and marked. "We've done our
best to capture everyone under the bill."
MR. O. C. MADDEN, Brown Jug, added that since the civil penalty
law went into effect in 1998, they have intercepted 1,700 minors
and taken civil action against them. He said there is no way to
gauge how many lives have been saved by those efforts. It
couldn't have been done without that legislation.
SENATOR BUNDE said he appreciated the work they do to try to
reduce alcohol abuse and he was concerned that people who are
trying to escape this problem would require bars and package
stores to card everyone putting businesses in a very liable
position.
MR. MADDEN replied that he understands there is no liability for
a licensee unless they know with absolute certainty that the
person has a red stripe on their license.
SENATOR BUNDE wondered if the practical realities are if you
don't card someone and they get served, "I'm sure there would be
a lawyer knocking on your door.... And I find it very irritating
to be carded at my advanced age."
MR. MADDEN replied this bill doesn't create additional
liability.
MS. BEATY added that two memos from Legal Services address the
concern of adding additional liability to an industry that
already has quite a bit of criminal and civil liability. That
was not the intent and both memos state that there isn't an
additional liability.
SENATOR BUNDE maintained his concern that a determined creative
attorney would find a way to pursue liability issues.
SENATOR STEVENS moved to pass CSHB 14(L&C) from committee with
individual recommendations. There were no objections and it was
so ordered.
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