CSHB 116(JUD)-LIABILITY FOR ALCOHOL LAW VIOLATIONS  10:11:46 AM CHAIR RALPH SEEKINS announced HB 116 to be up for consideration. MR. MICHAEL PAWLOWSKI introduced HB 116. Under current statutes, persons under 21 years of age can be sued by license holders for assisting law enforcement officers in investigating and enforcing compliance with the state's alcoholic beverage laws. HB 116 adds protection for a young person to the statutes. SENATOR GRETCHEN GUESS asked the difference between peace officer and law enforcement officer. MR. PAWLOWSKI voiced he is not certain. CHAIR RALPH SEEKINS stated peace officers could be members of the Department of Fish and Game. Police officers have to reach certain standards. SENATOR HOLLIS FRENCH read the definition of peace officer: "A public servant vested by law with a duty to maintain public order or to make arrests whether the duty extends to all offenses or is limited to a specific class of offenses or offenders." 10:16:26 AM SENATOR FRENCH asked whether anyone has been sued. MR. PAWLOWSKI said yes. CHAIR SEEKINS asked the reason HB 116 does not have a retroactive clause. MR. PAWLOWSKI explained passing legislation retroactively is problematic. 10:18:54 AM SENATOR GENE THERRIAULT commented if the case were still pending while the law is changed it would nullify the case. SENATOR FRENCH commented an immediate effective date would shut any active case down. SENATOR GUESS asked the statute of limitations. MR. PAWLOWSKI did not know. 10:20:52 AM CHAIR SEEKINS expressed concern regarding tying up pending cases. SENATOR THERRIAULT suggested the committee put the question to the drafter. CHAIR SEEKINS suggested the committee further research options. 10:25:21 AM SENATOR THERRIAULT asked for a witness to inform the committee regarding the lawsuit pending. MR. DOUG GRIFFIN, director, Alcohol Beverage Control Board, advised the case pending is in Fairbanks. He could not recall the establishment but the primary licensee is a Mr. Lambert who owns several businesses with liquor licenses in Fairbanks. 10:28:17 AM CHAIR SEEKINS asked the number of persons in jeopardy of a lawsuit if the bill is not made retroactive. MR. GUANELI could not determine. 10:30:46 AM MS. CINDY CASHEN, past executive director, Mothers Against Drunk Driving, testified in support of HB 116. She advised a majority of their young people volunteer to work with law enforcement officers to raise awareness of underage drinking and minors purchasing alcohol. While the compliance check rate has gone up the establishment owners have developed a phone tree and they alert other business owners when there is an operation in effect. In Juneau there are 5 to 6 people who volunteer on compliance checks. Statewide there are close to 25. 10:33:04 AM MS. CASHEN detailed the pending case of the teenager in Fairbanks. The compliance operation was a planned event. Some business owners found a loophole to challenge the sting. Two of them in Fairbanks fully intend to take the teenager to court. CHAIR SEEKINS suggested the committee research to see whether HB 116 could be retroactive. He held HB 116 in committee.