Legislature(2011 - 2012)CAPITOL 120
04/05/2011 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB210 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 210 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
April 5, 2011
1:03 p.m.
MEMBERS PRESENT
Representative Dan Saddler, Co-Chair
Representative Steve Thompson, Co-Chair
Representative Carl Gatto, Vice Chair
Representative Alan Austerman
Representative Bob Lynn
Representative Sharon Cissna (via teleconference)
MEMBERS ABSENT
Representative Bob Miller
COMMITTEE CALENDAR
HOUSE BILL NO. 210
"An Act relating to the drinking age for a person who is an
active member of the armed forces of the United States or an
active member of the Alaska National Guard; and relating to the
age to possess tobacco for a person who is an active member of
the armed forces of the United States or an active member of the
Alaska National Guard."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 210
SHORT TITLE: ALCOHOL/TOBACCO FOR UNDERAGE MILITARY
SPONSOR(s): REPRESENTATIVE(s) LYNN
03/28/11 (H) READ THE FIRST TIME - REFERRALS
03/28/11 (H) MLV, JUD
04/05/11 (H) MLV AT 1:00 PM CAPITOL 120
WITNESS REGISTER
THOMAS REIKER, Staff
Representative Bob Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Discussed the misconceptions surrounding HB
210 on behalf of Representative Bob Lynn, sponsor.
ROGER HEALY, Chief Engineer
Division of Statewide Design & Engineering Services
Department of Transportation & Public Facilities (DOTPF)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 210.
SUE STANCLIFF, Special Assistant
Office of the Commissioner
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Answered a question during the hearing on
HB 210.
ACTION NARRATIVE
1:03:26 PM
CO-CHAIR DAN SADDLER called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:03 p.m.
Representatives Saddler, Thompson, Gatto, and Lynn were present
at the call to order. Representatives Austerman and Cissna (via
teleconference) arrived as the meeting was in progress.
HB 210-ALCOHOL/TOBACCO FOR UNDERAGE MILITARY
1:04:15 PM
CO-CHAIR SADDLER announced that the only order of business would
be HOUSE BILL NO. 210, "An Act relating to the drinking age for
a person who is an active member of the armed forces of the
United States or an active member of the Alaska National Guard;
and relating to the age to possess tobacco for a person who is
an active member of the armed forces of the United States or an
active member of the Alaska National Guard."
1:04:58 PM
REPRESENTATIVE GATTO moved to adopt HB 210, Version 27-LS0658\M
as the working document. There being no objection, Version M
was before the committee.
1:05:21 PM
REPRESENTATIVE LYNN introduced HB 210, as the sponsor. He
explained that the intention of the bill is to treat Alaska's
active duty warriors equally. The legislation would permit
active duty service members and National Guardsmen under age 21
to consume alcoholic beverages and use tobacco products - not on
base - but in Alaska where the state has jurisdiction.
Representative Lynn said that soldiers, sailors, marines, and
airman under the constant risk of deployment, or who brave the
horrors of war are de facto adults and should be treated as
such. He described his own war experience as maturing, and
pointed out that the bill does not advocate drinking or smoking,
but that all warriors, regardless of age, should be treated as
adults.
1:07:45 PM
THOMAS REIKER, Staff, Representative Bob Lynn, Alaska State
Legislature, informed the committee that one misconception about
HB 210 is that it will create two classes of those 18- to 20-
year-olds. As a matter of fact, Alaska already treats residents
differently; for example, emancipated minors enjoy civil rights
not available to others of their age, and felons have different
voting rights than the general population. He advised that 18-
to 20-year-olds in the military are different than others their
age because they undergo rigorous training and live under
intensive military oversight and discipline. Another
misconception about HB 210 is that the state will lose 10
percent of its federal highway funds if the bill passes. Mr.
Reiker relayed the effect of the National Minimum Drinking Age
Act of 1984 on the Federal Aid Highway Act, and referred to the
fiscal note from the Department of Transportation & Public
Facilities (DOTPF) which indicates the expected loss of only 3
percent of overall federal funds. Furthermore, the state may
not lose any funding because rulings by the U.S. Supreme Court
raise questions about the relevance of the national minimum
drinking age to interstate highway construction, especially in
Alaska where interstate travel is not an issue. In addition,
the fiscal note also shows that portions of the federal funds in
question are for unrelated purposes such as congestion
mitigation in air quality, highway safety and research, and the
Alaska Marine Highway System (AMHS).
1:11:05 PM
MR. REIKER continued to explain another misconception is that
adults under 21 will not drink responsibly because their brains
are not fully developed. In fact, a young person's brain is not
fully developed until the age of 25, and he pointed out that
there is no proposal to raise the minimum drinking age to 25
years old. He restated that members of the military are
disciplined and are more likely to drink responsibly than others
their age. Another argument against the bill may be that 18- to
20-year-olds in the military will engage in binge drinking or
other risky behaviors. Mr. Rieker noted that a lower minimum
drinking age has not been an effective deterrent to these
behaviors, and 60 percent of the deaths attributed to underage
drinking happen off the highways; in fact, over 1,000 of 18- to
24-year-olds die each year from alcohol consumption off the
highways, a figure that has risen since 1998 - 10 years after
every state adopted the minimum 21-year-old drinking age. Mr.
Reiker clarified that the proposed legislation does not advocate
lowering the drinking age for everyone, although 130 presidents
and chancellors of major U.S. universities have asked to reopen
the national debate on this issue. The last misconception is
that the present minimum drinking age has saved lives. Although,
traffic fatalities have decreased since 1984, he said this
reduction is better attributed to the cumulative effects of seat
belts, air bags, antilock brakes, better law enforcement zero
tolerance laws, and public education campaigns. Furthermore,
drunk driving is more often tied to binge drinking as
established by a study by the Centers for Disease Control (CDC)
in 2005. Mr. Reiker concluded by saying that HB 210 does not
exempt the military from Driving Under the Influence (DUI) laws,
or from the prohibition against supplying other minors with
alcohol, thus the bill does nothing to encourage underage
drinking, smoking, or binge drinking, and would have a very
limited impact on the level of the consumption of alcohol and
tobacco in Alaska.
1:15:03 PM
REPRESENTATIVE GATTO asked whether Mr. Reiker believes the
minimum drinking age in the U.S. is significantly influenced by
the drinking age in foreign countries.
MR. REIKER pointed out most other Westernized nations, with the
same history as the U.S., do not impose a 21-year-old drinking
age.
REPRESENTATIVE GATTO asked what the minimum age should be.
MR. REIKER opined the issue is "more about opening the
discussion than it is about setting an age." He restated that
the legislation only affects military personnel, who are forced
to prove their responsibility and discipline every day.
1:16:12 PM
REPRESENTATIVE LYNN added that one can join the military at age
17 only with parental permission.
1:17:03 PM
REPRESENTATIVE AUSTERMAN asked whether there is a difference
between a responsible 18-year-old who has joined the military
and a responsible 18-year-old in college, or one who is holding
down a job. He also observed that a lot of military personnel
do not end up in a combat zone.
1:18:27 PM
REPRESENTATIVE LYNN commended every responsible young person, in
or out of the military. However, he opined there are two
different classes of people, those who get shot at and those who
don't, and the military are different. In addition, military
personnel assigned to a desk job are eligible to be deployed to
a combat zone at any time.
1:20:15 PM
MR. REIKER argued that college and work experience is
significantly different than the training, discipline, and
supervision undergone by troops.
REPRESENTATIVE AUSTERMAN expressed his respect for members of
the military. He observed that police officers or volunteer
fireman of that age are also risking their lives. He said, "I
would have a hard time rationalizing going with anybody ...
under 21."
1:21:49 PM
CO-CHAIR THOMPSON pointed out that drinking by those under 21
years of age would not be allowed on military bases, which would
encourage more drinking off-base and an increase in DUIs. From
his experience as a mayor, he advised that people coming into
town to drink on a weekend causes problems for communities near
military bases. He said he was not comfortable with the bill
and noted that federal law prohibits a military exception to the
minimum drinking age, thus this legislation would jeopardize
Alaska's federal highway funds.
1:23:42 PM
REPRESENTATIVE LYNN, referring to the letters of opposition in
the committee packet from military headquarters, advised that
civilians are at the top of the military chain of command. The
testimony of Secretary of Defense Robert Gates against a similar
congressional bill explains the stance taken by military
headquarters in Alaska. Moreover, Representative Lynn opined
that Mr. Gates's successor at Texas A & M University is in
disagreement with the Secretary's testimony.
1:26:06 PM
REPRESENTATIVE GATTO also referred to the document in the
committee packet signed by Lieutenant General Dana T. Atkins,
Commander, Alaskan Command, and Major General Raymond P.
Palumbo, Commanding General, U.S. Army Alaska, of Alaskan
Command (ALCOM), Joint Base Elmendorf-Richardson, Alaska. He
read as follows:
We are concerned about Representative Lynn's [HB 210]
proposal to lower the military drinking age to 18 ...
and the unintended consequences it may bring. We will
still be legally mandated to enforce the federal
drinking age on military installations.... Alcohol-
related misconduct is already a serious issue on
military installations.... The military has also been
moving to a more tobacco-free culture in recognition
of the many harmful health effects of tobacco.
REPRESENTATIVE GATTO concluded that the signers of the document
are career generals who worry about their troops.
1:27:26 PM
MR. REIKER restated that the bill does not exempt DUI laws.
Furthermore, there is overwhelming evidence that prohibiting 18-
to 20-year-olds from drinking encourages binge drinking, which
already occurs.
1:28:33 PM
REPRESENTATIVE CISSNA said that gender issues apply to this
debate and that young people in the military with a focus on
drinking do not have a good outcome. She observed that in
Alaska, legislators need to provide what military men and women
need to be at their best, so they may face the challenges ahead.
Her studies and experience in the field of psychology lead her
to believe that negative behaviors, combined with the factors of
seasonal affective disorder (SAD), darkness, hardship, and the
effects of alcohol, are a depressive mix of ingredients.
Representative Cissna stressed that positive things create a
stronger support for troops.
1:31:27 PM
ROGER HEALY, Chief Engineer, Division of Statewide Design &
Engineering Services, Department of Transportation & Public
Facilities (DOTPF), referred to the fiscal note provided to the
committee by DOTPF, and noted that United States Code 158
provides that 10 percent of federal transportation funds would
be withheld from Alaska's allocation under three highway
transportation programs. He estimated the reduction to existing
allocations would be at least $17 million each year. Mr. Healy
confirmed that the state's position is that the money would be
withheld at the national level.
CO-CHAIR SADDLER asked about the influence of the Supreme Court
decision in South Dakota v. Dole.
MR. HEALY deferred to the Department of Law (DOL).
REPRESENTATIVE GATTO asked if this legislation would add costs
for the Alaska State Troopers or other enforcement agencies.
1:35:23 PM
SUE STANCLIFF, Special Assistant, Office of the Commissioner,
Department of Public Safety (DPS), explained that with this
legislation, when a trooper pulled someone over they would
examine both the driver's license and the military
identification. If the use of alcohol was in question, the
driver would be subject to the same breathalyzer test as any
other citizen. Regarding costs for any additional deployments
of officers to areas near military bases, she reminded the
committee the bases are in the jurisdiction of the Anchorage
Police Department and the Fairbanks Police Department.
1:37:16 PM
REPRESENTATIVE GATTO pointed out the likelihood that additional
enforcement could be needed anywhere.
1:38:18 PM
CO-CHAIR SADDLER closed public testimony.
REPRESENTATIVE LYNN expressed his disappointment that there was
no testimony from military veterans. He said there is no need
to legislate common sense.
1:39:13 PM
CO-CHAIR SADDLER relayed his respect for the military and the
sacrifices made by them. He stated his concern that enabling
drinking brings health risks, hazards, and consequences. House
Bill 210 was held for further testimony on funding, legality,
and enforcement.
[HB 210 was heard and held.]
1:40:14 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 1:40 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 210.pdf |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB 210 Sponsor Statement.pdf |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB 210 Sectional Analysis.pdf |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB 210- Implications of Lower Drinking Age.pdf |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB 210 ID examples.pdf |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB 210 Choose Responsibility Letter.docx |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB 210 Fox News Article.docx |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB 210_Opposition Letter.pdf |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB 210 Anchorage Daily News_040111.docx |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| HB210-LAW-CRIM-04-01-11 Fiscal Note.pdf |
HMLV 4/5/2011 1:00:00 PM |
HB 210 |
| Ltr from Atkins-Palumbo_Rep Lynn.pdf |
HMLV 4/5/2011 1:00:00 PM |
|
| Ltr from Atkins-Palumbo_Rep Saddler.pdf |
HMLV 4/5/2011 1:00:00 PM |