02/08/2010 09:00 AM Senate FINANCE

CS FOR HOUSE BILL NO. 98(FIN) am                                                                                              
                                                                                                                                
     "An Act relating to minor consuming and repeat minor                                                                       
     consuming; relating to penalties for violations of                                                                         
     limitations    on   possessing,    sending,   shipping,                                                                    
     transporting, or bringing alcoholic beverages to,                                                                          
     soliciting or receiving orders for delivery of                                                                             
     alcoholic beverages to, and the manufacture, sale,                                                                         
     offer for sale, barter, traffic, or possession of                                                                          
     alcoholic beverages in, a local option area; and                                                                           
     providing for an effective date."                                                                                          
                                                                                                                                
SENATOR  JAY RAMRAS,  SPONSOR, explained  the content  of HB
.  He  related  that  there   are  three  types  of  minor                                                                    
consuming;  minor  consuming,  repeat minor  consuming,  and                                                                    
habitual  minor consuming.  The  bill fixes  a problem  that                                                                    
occurred  with the  enactment of  HB 359,  an effort  by the                                                                    
state to  allow those convicted  of minor consuming  to join                                                                    
the  military. Previously,  if they  were on  probation with                                                                    
the state, through  the age of 21, they did  not have access                                                                    
to enlisting in the  military. This legislation eliminates a                                                                    
problem with HB 359.                                                                                                            
                                                                                                                                
9:44:11 AM                                                                                                                    
                                                                                                                                
JANE  PIERSON, STAFF,  SENATOR JAY  RAMRAS, echoed  that the                                                                    
bill is a "fix" bill.  Previously, if a person was convicted                                                                    
of minor consuming,  they would not be  placed on probation,                                                                    
which  would  result  in  never   reaching  a  repeat  minor                                                                    
consuming status. There  was a change to HB 98  on the House                                                                    
Floor  to  include that  minor  consuming  and repeat  minor                                                                    
consuming  are  not  criminal offenses;  only  repeat  minor                                                                    
consuming is  a misdemeanor. The  Department of Law  added a                                                                    
fix  to   the  bootlegging   provision  which   would  bring                                                                    
sentencing  and  penalties  in  line  with  the  DUI  felony                                                                    
provision.                                                                                                                      
                                                                                                                                
Co-Chair  Stedman  noted three  zero  fiscal  notes and  one                                                                    
indeterminate note  from the Department of  Corrections. The                                                                    
committee is waiting  for an updated FY 11  fiscal note from                                                                    
the Department of Corrections.                                                                                                  
                                                                                                                                
HB  98  was   heard  and  HELD  in   Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:46:38 AM