CS FOR SENATE BILL NO. 209(JUD) "An Act relating to access by persons under 21 years of age to premises licensed to sell alcoholic beverages as clubs when alcoholic beverages are not present and, when alcoholic beverages are present, to premises of a patriotic organization licensed as a club if the person possesses a valid active duty military or armed forces identification card issued by the United States government." This was the first hearing for this bill in the Senate Finance Committee. JOSHUA TEMPEL, Staff to Senator Charlie Huggins, the bill's sponsor, read the Sponsor Statement as follows. Senate Bill 209 amends AS 04.11.110(g) by authorizing access by persons under 21 years of age, who possess a valid military active duty (or armed forces identification card issued by the United States Department of Defense or the United State Department of Homeland Security) ID card, to a club's licensed premises without specific authorization of the Alcoholic Beverage Control Board in certain circumstances. Under present state law, persons under the age of 21 cannot be on any premises that are licensed to sell alcoholic beverages unless a parent or legal guardian accompanies them. Current law causes a dilemma to the under age veteran. Although they are eligible to join an organization, they are unable to go to the veteran's meetings or functions because they are under age. This legislation will, in no way, allow the consumption of alcoholic beverages by persons under the age of 21 in licensed clubs. This bill will simply allow our troops access to the supportive and safe environments which they currently are not allowed. A military organization post will truly be a place where veterans across the generations will have an accepting atmosphere in which they can impart their wisdom and stories. This bill will help ensure a place of safety for our troops while they are on the home front. Senator Bunde asked whether the military organizations being referred to would include such entities as the American Legion. Mr. Tempel affirmed. He noted that the bill packet includes memorandums from both the Alcoholic Beverage Control (ABC) Board and the Division of Legal and Research Services, Legislative Affairs Agency [copies on file] that specify the licensed premises being referred to in this legislation would be patriotic organizations such as the American Legion, the Disabled American Veterans (DAV), and the Veterans of Foreign Wars (VFW). It could not be "broadened" to include such entities as strip clubs. Senator Bunde, noting that the bill would allow people below the legal drinking age to enter licensed alcoholic beverage establishments, asked whether this action would place additional "pressure on bartenders in these clubs" to determine which attendees could or could not be served alcohol. He asked whether the affected establishments have weighed in on this issue. Mr. Tempel responded that the establishments understand the conditions of the bill and would uphold their responsibilities as otherwise, their alcohol licenses could be in jeopardy. Testimony from those entities would be forthcoming. Senator Bunde agreed that an establishment's alcohol dispensary license could be in jeopardy were a mistake made and an alcoholic beverage dispensed to an under age person. Senator Stedman reminded that in previous times, there was no issue with underage soldiers being allowed in establishments in which liquor was sold. However, that situation has changed. Continuing, he asked what prompted the need to introduce this legislation. He had "no problem with the whole issue. Someone that's old enough to serve in the military and go to Iraq certainly should have the maturity to go into these establishments and have some camaraderie" whether or not alcohol was being sold. SENATOR CHARLIE HUGGINS, the bill's sponsor, stated that the reality is that an underage soldier at Fort Richardson, Alaska for instance, who wanted an alcoholic beverage could get it. That is "just the way it is." In response to Senator Stedman's comments, Senator Huggins stated "service organizations see themselves as two-fold". They are a "fraternal organization that supports quite frankly an older generation of people" and participates in its community. Their other major duty is to reach out to young military people in the community who might not have family or another support group there. Continuing, he noted that the issue is that, due to alcoholic licensing conditions, were such an organization to participate in a Veterans Day Dinner, for example, it would be "illegal for an underage person" to be on the establishment's licensed premises unless they were accompanied by their legal guardian or parent. This legislation would eliminate that licensing "technicality". Senator Huggins affirmed that the affected service organizations fully understand their responsibilities were this legislation adopted. This legislation was introduced in order to allow underage soldiers to participate in a patriotic environment that could offer them support. Senator Olson asked how the restrictions on serving alcohol to underage individuals would be monitored. Senator Huggins stated that in order to be served an alcoholic beverage an individual would be required to present age identification. It would be likely that an organization's identification provisions would become "more stringent" were this legislation adopted. 9:16:54 AM Senator Stedman asked for confirmation that the bill would allow underage soldiers to enter an establishment, but would not allow them to be served alcohol. 9:17:36 AM Senator Huggins affirmed. The purpose of the bill would be to allow underage military personnel to participate in an organization that could offer support and camaraderie, not to allow them access to alcohol. Senator Stedman acknowledged. Continuing, however, he opined that, "if you are 18 or 19 and you're old enough to go to Iraq and die for your country you're old enough to go have a beer." 9:18:09 AM DOUG GRIFFIN, Director, Alcohol Beverage Control Board, Department of Public Safety, testified via teleconference from an offnet site. To further respond to the concern about the responsibilities that would be placed on a licensed establishment by this legislation, he assured that service organizations are aware of the situation and would be taking extra precautions. It is "a tradeoff". On one side is the point about these people serving their country and needing a place for camaraderie and on the other side is the need to ensure that establishments uphold the requirement not to serve alcohol to underage people. Efforts could be taken to ensure that the actions proposed by this legislation would work. Co-Chair Green asked for clarification as to whether the law being changed is one that prohibits people under the age of 21 from being in an establishment that sells alcohol or whether the law prohibits people under the age of 21 from belonging to such an organization. Mr. Griffin clarified the issue is that because the clubs have a beverage dispensary license, they must adhere to the same regulations as a bar and restrict those under the age of 21 from the premises unless a legal guardian or spouse age 21 or older accompanied them. This bill would alter that standard. The ABC Board has "no jurisdiction over membership". People under the age of 21 could belong to the organizations. He noted that changes to ABC standards are not uncommon, as restrictions on licensed premises that offer dining have been altered to allow people under the age of 21 to dine there. 9:20:48 AM Senator Stedman asked whether the bill could be expanded to allow the military individuals identified in this legislation to be able to consume alcohol at the age of 19 in these patriotic establishments. "The whole issue" of how a person in the military who is under the age of 21 "is handled ? in our own country ?is egregious". Mr. Griffin regarded the drinking age discussion as being a "broader issue". As the result of "federal suggestions", states adopted 21 as their legal drinking age in the 1980s. Federal highway funding and other federal aid could be negatively affected were a state to lower that federally "recommended" allowable drinking age. There is a "great deal of uniformity on this matter nationwide. 9:22:35 AM Senator Bunde asked whether a soldier must be 21 years old to consume alcohol in a club on a military base. Senator Huggins affirmed that a soldier must be 21. At one time, there was an exception in regards to the consumption of beer with a 3.2 percent alcoholic content. Senator Bunde understood therefore that the military has a 21-year age requirement as well. The issue of changing the age at which a person could legally consume alcohol would be an issue beyond the realm of the ABC Board. Senator Huggins noted that in recent time, such things as the once popular after work Happy Hour events and clubs on military bases have disappeared. He also noted the fact that a Driving Under The Influence (DUI) offense on one's record would be detrimental to a career in the military. Thus, events that promoted drinking have been curtailed. AT EASE 9:24 AM / 9:24:45 AM Vice Chair Bunde assumed Chair of the meeting. 9:25:19 AM JOHN WILKINS, Volunteer Director, Disabled American Veterans (DAV), Department of Alaska informed the Committee that his responsibilities include overseeing the work of four service officers who are compensated by the State of Alaska as well as seven chapter service officers who are volunteers like himself. Their work would include such things as assisting veterans with claims against the federal Veterans Administration. He noted that a service referred to as VetBoat utilizes a boat to travel to small communities in Southeast Alaska to assist veterans in those communities. Mr. Wilkins stated that DAV supports this legislation. He conveyed that he had sought assurance from post commanders that "stringent" procedures would be established in their licensed establishments to insure "that no underage military person would be allowed to drink". 9:26:34 AM Mr. Wilkins stated that the adoption of this legislation would allow "service officers to talk more freely with the young people that are back about any problems that they may have. Not allowing them into clubs and organizations" has made service officer jobs more difficult, and has prevented allowing young veterans from talking with service officers. He characterized the role of the service officers as being "a mentoring situation" in which older soldiers assist young military personnel in dealing with such things as combat issues. Mr. Wilkins stated that passage of this legislation would be appreciated. 9:27:54 AM CLAYTON LOVE, Commander, Disabled American Veterans, Department of Alaska, concurred with Mr. Wilkins' comments. He declared that this legislation would not significantly impact bartenders; they would simply be required to monitor activities "more closely". Rules would be established. For instance, were people under the age of 21 to have consumed a drink prior to coming to an establishment, their entry would be denied. Mr. Love stated that the benefit of this bill would be to allow all members of an organization to participate in events such as dinners that might be held in the establishment. 9:29:27 AM Mr. Love continued that this legislation would allow younger soldiers to benefit from the camaraderie and the experiences of the older soldiers including combat experiences, injuries, and re- adjusting to civilian life. Furthering this legislation would also indicate State support for young military personnel. 9:31:42 AM HOWARD COLBERT, Commander, Disabled American Veterans (DAV) Chapter No. 4, Juneau, informed the Committee that when Congress established the DAV, it specified in Statute that no alcoholic beverages could be consumed in their meeting rooms. DAV has a very limited budget and, as it does not have its own facilities, it must conduct meetings in places such as public libraries. However, the limited availability of such space is a hardship on the organization. Consequently, benevolent organizations such as the American Legion and VFW have allowed DAV to hold its meetings and complete required paperwork for veterans with disabilities in their facilities. Continuing, he noted that due to the current age restrictions on licensed patriotic establishments, providing assistance for disabled veterans under the age of 21 is burdensome. Mr. Colbert likened the wisdom that older veterans could impart to a library: "they are a wealth of knowledge". Continuing, he noted that VFW and American Legion posts are well managed. Of the State's 72,000 veterans, 14,000 live in Southeast Alaska. The VetBoat that transits to communities in Southeast Alaska has completed paperwork for 459 veterans with disabilities over the past six years; most of that paperwork was completed in VFW or American Legion halls. As the State's veterans age, they will be experiencing more problems and locations must be available in which to conduct the required paperwork. Mr. Colbert, who had completed two tours of Vietnam, communicated that being a young veteran is "a whole different world". The veterans in the various patriotic organizations "do understand and they do talk. That is a lot of help for the younger guys." While a multi-age family could currently dine in a restaurant with an alcoholic beverage license, an underage veteran who has served his country could not currently enter a VFW Hall without the bar being closed down. "That doesn't make sense to me." These "very very fine young" veterans have earned the right to enter these patriotic establishments. 9:36:34 AM Senator Bunde surmised that when Mr. Colbert served in Vietnam, no identification had been checked when beer rations were distributed. Mr. Colbert affirmed. 9:36:54 AM Senator Bunde thanked the gentlemen for their service. RECESS TO THE CALL OF CHAIR 9:37:12 AM / 10:21:33 AM Co-Chair Green resumed Chair of the Committee. Co-Chair Wilken moved to report the bill from Committee with individual recommendations and accompanying fiscal notes. There being no objection, CS SB 209(JUD) was REPORTED from Committee with previous zero fiscal note #1 from the Department of Military and Veterans Affairs. 10:22:16 AM