04/16/2009 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

          HB  98-ALCOHOL: MINOR CONSUMING/LOCAL OPTION                                                                      
                                                                                                                                
3:30:40 PM                                                                                                                    
CHAIR OLSON  announced the  consideration of  HB 98.  [Before the                                                               
committee was CSHB 98(FIN)AM.]                                                                                                  
                                                                                                                                
SENATOR FRENCH moved to adopt the committee substitute.                                                                         
                                                                                                                                
3:32:04 PM at ease                                                                                                            
                                                                                                                                
SENATOR FRENCH withdrew the motion.                                                                                             
                                                                                                                                
JANE  PEARSON, staff  to Representative  Jay Ramras,  said HB  98                                                               
began as a minor  consuming bill and is a fix  for a problem that                                                               
was created  when the  language of House  Bill 359,  which passed                                                               
the  House in  2008,  was incorporated  into  the "omnibus  crime                                                               
bill."  She  explained  that  there  are  three  types  of  minor                                                               
consuming:  1) minor  consuming -  the first  offense; 2)  repeat                                                               
minor  consuming -  the  second offense;  and  3) habitual  minor                                                               
consuming -  the third offense. Habitual  minor consuming becomes                                                               
a  misdemeanor.  But when  the  bill  was  passed last  year  the                                                               
statute was  amended to  say that  for a  juvenile to  be charged                                                               
with repeat  minor consuming, he  or she  would have had  to have                                                               
been placed on  probation under AS 04.16.050(b)(1)  and have been                                                               
previously  convicted  once.  Although  the  section  includes  a                                                               
person  who  has been  convicted  of  a suspended  imposition  of                                                               
sentence (SIS)  under .050(b)(1),  it does  not include  a person                                                               
who  served  a  judgment  and conviction  under  .050(b)(2).  The                                                               
problem is that  if a juvenile is convicted  under .050(b)(2), it                                                               
was  not  possible to  charge  that  juvenile with  repeat  minor                                                               
consuming. This fixes that error.                                                                                               
                                                                                                                                
3:34:04 PM                                                                                                                    
When the  bill was in House  Finance the Department of  Law asked                                                               
for an amendment to fix an  issue related to bootlegging. The new                                                               
language would bring  the penalties for bootlegging  in line with                                                               
felony DUI penalties. This is a bit more stringent.                                                                             
                                                                                                                                
SENATOR FRENCH asked  if it's Section 4  that addresses alignment                                                               
of the felony bootlegging provisions with felony DUI provisions.                                                                
                                                                                                                                
MS. PEARSON said yes.                                                                                                           
                                                                                                                                
SENATOR FRENCH  commented that, "We  thought we were  fixing this                                                               
last year and we did not."                                                                                                      
                                                                                                                                
MS. PEARSON said that's right.                                                                                                  
                                                                                                                                
SENATOR  FRENCH  said  when  he   became  an  assistant  district                                                               
attorney in 1995  or 1996 the legality of minor  consuming was an                                                               
issue, so  it's been  around for  a long  time. "Maybe  this time                                                               
we'll get it right."                                                                                                            
                                                                                                                                
CHAIR OLSON asked if the bill has any opposition.                                                                               
                                                                                                                                
MS. PEARSON said no.                                                                                                            
                                                                                                                                
CHAIR  OLSON   asked  if  there   had  been  opposition   to  the                                                               
amendments.                                                                                                                     
                                                                                                                                
MS. PEARSON explained that there  was opposition to some elements                                                               
in a  similar bill that was  in the House Community  and Regional                                                               
Affairs Committee There was no  opposition to this element and it                                                               
was put in this bill with the blessing of the chair.                                                                            
                                                                                                                                
CHAIR FRENCH said this element drew  no fire when it was heard in                                                               
another Senate committee.                                                                                                       
                                                                                                                                
CHAIR OLSON asked if the department supports the bill.                                                                          
                                                                                                                                
MS. PEARSON  explained that they  are carrying it for  the courts                                                               
and the Department of Law and they support the bill.                                                                            
                                                                                                                                
SENATOR OLSON closed  public testimony and asked the  will of the                                                               
committee.                                                                                                                      
                                                                                                                                
3:36:46 PM                                                                                                                    
SENATOR FRENCH moved  to report CS for HB 98  from committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being  no  objection,  CSHB  98(FIN)am   moved  from  the  Senate                                                               
Community and Regional Affairs Standing Committee.