Legislature(2007 - 2008)CAPITOL 106
04/02/2007 05:00 PM House RULES
| Audio | Topic |
|---|---|
| Start | |
| HB118 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 118 | |||
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
April 2, 2007
5:04 p.m.
MEMBERS PRESENT
Representative John Coghill, Chair
Representative John Harris
Representative Anna Fairclough
Representative Craig Johnson
Representative Ralph Samuels
Representative Beth Kerttula
Representative David Guttenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 118
"An Act relating to underage possession of alcoholic beverages
in a dwelling."
- MOVED CSHB 118(RLS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 118
SHORT TITLE: PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL
SPONSOR(s): REPRESENTATIVE(s) MEYER
02/05/07 (H) READ THE FIRST TIME - REFERRALS
02/05/07 (H) L&C, JUD
02/16/07 (H) L&C AT 3:00 PM CAPITOL 17
02/16/07 (H) <Bill Hearing Canceled>
02/21/07 (H) L&C AT 3:00 PM CAPITOL 17
02/21/07 (H) Moved Out of Committee
02/21/07 (H) MINUTE(L&C)
02/22/07 (H) L&C RPT 4DP 2NR
02/22/07 (H) DP: GARDNER, RAMRAS, GATTO, OLSON
02/22/07 (H) NR: LEDOUX, NEUMAN
03/12/07 (H) JUD AT 1:00 PM CAPITOL 120
03/12/07 (H) Moved Out of Committee
03/12/07 (H) MINUTE(JUD)
04/02/07 (H) RLS AT 5:00 PM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor HB 118 and explained
Amendment 1.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section - Juneau
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: During hearing of HB 118, explained
Amendment 1.
ACTION NARRATIVE
CHAIR JOHN COGHILL called the House Rules Standing Committee
meeting to order at 5:04:31 PM. Representatives Coghill,
Harris, Fairclough, Johnson, Samuels, Guttenberg, and Kerttula
were present at the call to order.
HB 118-PROHIBIT ALLOWING MINORS TO HAVE ALCOHOL
5:04:31 PM
CHAIR COGHILL announced that the only order of business would be
HOUSE BILL NO. 118, "An Act relating to underage possession of
alcoholic beverages in a dwelling."
5:04:46 PM
REPRESENTATIVE SAMUELS moved that the committee adopt Amendment
1, which read:
Page 1, line 5:
Delete "possesses or exercises"
Insert "is physically in possession and
exercising"
CHAIR COGHILL objected.
5:04:52 PM
REPRESENTATIVE KEVIN MEYER, Alaska State Legislature, sponsor,
explained that HB 118 addresses a scenario in which [individuals
over the age of 21] host a party at which underage individuals
are present [and drinking alcohol]. The difficulty in these
situations is that it takes law enforcement a lot of time to
[process] numerous underage kids for minors in possession.
Furthermore, it's difficult to prove that the adults present
furnished the underage individuals the alcohol. This
legislation provides law enforcement another tool in which a
noncriminal violation of $500 can be charged to the person who
is over age 21. Amendment 1 was recommended by the Department
of Law to which he deferred for explanation.
5:06:56 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section - Juneau, Criminal Division, Department of Law,
explained that Amendment 1 was suggested in order to get at the
person in actual physical possession [of a residence at which
underage individuals were consuming].
5:07:41 PM
REPRESENTATIVE HARRIS related his understanding then that if a
parent goes out of town and leaves one of his/her minor children
behind in the care of an individual 21 years old or older, then
that individual would be in physical charge of the residence.
MS. CARPENETI said that it would depend. If the 21-year-old
individual is babysitting and in charge of the home in place of
the parents, then that individual would be in actual possession
of the home and responsible for ensuring that no minors are
consuming on the property or such an individual would be subject
to this violation.
REPRESENTATIVE HARRIS surmised then that [the violation]
wouldn't be placed on the owner of the home but rather the
individual physically present at the time [minors were
consuming].
MS. CARPENETI replied yes.
5:08:54 PM
CHAIR COGHILL removed his objection.
There being no further objection, Amendment 1 was adopted.
5:09:04 PM
REPRESENTATIVE SAMUELS moved to report HB 118, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
118(RLS) was reported from the House Rules Standing Committee.
5:09:20 PM
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 5:09 p.m.
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