04/30/2007 09:00 AM House FINANCE

HOUSE BILL NO. 14                                                                                                             
                                                                                                                                
     "An Act relating to the purchase  of alcoholic beverages                                                                   
     and to  access to licensed  premises; relating  to civil                                                                   
     liability   for  certain   persons  accessing   licensed                                                                   
     premises;     requiring     driver's    licenses     and                                                                   
     identification  cards  to  be  marked  if  a  person  is                                                                   
     restricted  from  consuming  alcoholic  beverages  as  a                                                                   
     result  of a  conviction  or condition  of probation  or                                                                   
     parole and relating to fees  for the marked license; and                                                                   
     requiring the surrender and cancellation of driver's                                                                       
     licenses under certain circumstances."                                                                                     
                                                                                                                                
REPRESENTATIVE  HARRY CRAWFORD,  sponsor,  reported that  the                                                                   
bill was the  same as HB 190  from previous years.   The bill                                                                   
deals  with  the  prevention of  drunk  driving  rather  than                                                                   
punishment.                                                                                                                     
                                                                                                                                
9:38:23 AM                                                                                                                    
                                                                                                                                
Vice Chair Stoltze assumed the gavel.                                                                                           
                                                                                                                                
O.C. MADDEN,  BROWN JUG,  INCORPORATED, testified  in support                                                                   
of HB  14.  He assured  the Committee that  continued efforts                                                                   
would be made  to encourage responsible drinking  and prevent                                                                   
the sale of alcohol to people who are repeat offenders.                                                                         
                                                                                                                                
Representative  Foster asked how  an ID  would be checked  if                                                                   
liquor is ordered from a village.   Mr. Madden explained that                                                                   
those ID's  have to be mailed  in previous to  the processing                                                                   
of a liquor order.                                                                                                              
                                                                                                                                
9:41:09 AM                                                                                                                    
                                                                                                                                
BERNADETTE   BRADLEY,  PRESIDENT,   ALASKA  CABARET,   HOTEL,                                                                   
RESTARURANT  &  RETAILERS  ASSOCIATION   (CHARR),  ANCHORAGE,                                                                   
testified in support of HB 14.   The industry has been trying                                                                   
to find  a way  to identify  repeat offenders.   She  related                                                                   
liability problems from not having such a law.                                                                                  
                                                                                                                                
Representative  Foster asked  if licenses  are good  for five                                                                   
years.   He  suggested  that an  old  license  could be  used                                                                   
instead of the newly-issued marked driver's license.                                                                            
                                                                                                                                
KERRY  HENNINGS, DIVISION  OF MOTOR  VEHICLES, DEPARTMENT  OF                                                                   
ADMINISTRATION  reported  that  licenses  are good  for  five                                                                   
years; however,  someone needing a provisional  license would                                                                   
have their old license cancelled.                                                                                               
                                                                                                                                
Representative  Gara recalled  a provision  in the bill  that                                                                   
states once a person is convicted  and requires a provisional                                                                   
license,  the   court  takes   away  the  original   license.                                                                   
Representative Crawford said that is still in the bill.                                                                         
                                                                                                                                
9:46:36 AM                                                                                                                    
                                                                                                                                
HEATHER   BEATY,   STAFF,  REPRESENTATIVE   HARRY   CRAWFORD,                                                                   
addressed Ms.  Henning's point regarding that  the license is                                                                   
cancelled  until the offender  is done  with the court  order                                                                   
not to drink  and goes back to  DMV to reactivate his  or her                                                                   
license.   The burden  to "uncancel"  the license  is on  the                                                                   
offender.                                                                                                                       
                                                                                                                                
Representative  Crawford reported that  the cost of  a marked                                                                   
license is $50.                                                                                                                 
                                                                                                                                
Representative  Thomas asked  if  there is  a  penalty for  a                                                                   
person who serves  someone who is not supposed to  drink.  He                                                                   
termed  it "contributing  to  the  delinquency  of a  felon."                                                                   
Representative Crawford reported  that the bill is not set up                                                                   
to address  that situation.    In response  to a question  by                                                                   
Representative Thomas,  Representative Crawford  replied that                                                                   
it  is not  mandatory  for the  premise  to  comply with  the                                                                   
conditions of  the bill, but rather  voluntary.  The  bill is                                                                   
an attempt  to help the industry  police itself.  It  has the                                                                   
cooperation of the industry.                                                                                                    
                                                                                                                                
Vice Chair Stoltze reviewed the fiscal notes.                                                                                   
                                                                                                                                
9:51:26 AM                                                                                                                    
                                                                                                                                
DOUG WOOLIVER, ADMINISTRATIVE  ATTORNEY, ALASKA COURT SYSTEM,                                                                   
reported  that the  Court fiscal  note will  be a zero  note.                                                                   
The bill does not change what the court already does.                                                                           
                                                                                                                                
Representative  Gara asked  if the court  order prohibits  an                                                                   
offender from consuming or purchasing  alcohol.  Mr. Wooliver                                                                   
said it usually includes both.                                                                                                  
                                                                                                                                
9:52:42 AM                                                                                                                    
                                                                                                                                
Representative  Gara MOVED  to REPORT  CSHB 14  (JUD) out  of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB 14 (JUD) was REPORTED out  of Committee with a "do pass"                                                                   
recommendation   and  with  zero   fiscal  note  #1   by  the                                                                   
Department  of  Law,  indeterminate  fiscal note  #2  by  the                                                                   
Department  of Administration,  new zero  fiscal note  by the                                                                   
Court System, and  new zero fiscal note by  the Department of                                                                   
Corrections.