01/25/2010 01:30 PM Senate JUDICIARY

          HB  98-ALCOHOL: MINOR CONSUMING/LOCAL OPTION                                                                      
                                                                                                                                
1:33:28 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of HB 98. [CSHB 98(FIN)                                                               
AM was before the committee.]                                                                                                   
                                                                                                                                
JANE PIERSON,  Staff to Representative  Jay Ramras,  Alaska State                                                               
Legislature, said  HB 98 removes  awkward and  confusing language                                                               
in the  minor consuming  law that resulted  when the  statute was                                                               
last  amended [in  2008].  HB 98  references  both the  suspended                                                               
imposition of sentence under AS  04.16.050(b)(1) and the judgment                                                               
of conviction under AS 04.16.050(b)(2).  Therefore, no matter how                                                               
a  person is  convicted  of minor  consuming, he  or  she can  be                                                               
charged  with repeat  minor consuming.  The bill  was amended  in                                                               
House Finance at  the request of the Department of  Law to fix an                                                               
issue  related  to  bootlegging.  The  new  language  will  bring                                                               
bootlegging  penalties  in  line  with felony  DUI  penalties  as                                                               
originally intended.                                                                                                            
                                                                                                                                
1:36:42 PM                                                                                                                    
CHAIR  FRENCH  asked  for an  explanation  of  the  applicability                                                               
section on page 4.                                                                                                              
                                                                                                                                
MS.  PIERSON explained  that it  refers to  the changes  the bill                                                               
makes to previous convictions under AS 04.16.200(h).                                                                            
                                                                                                                                
CHAIR FRENCH summarized that  the language operates prospectively                                                               
and retrospectively and eliminates  the possibility of misreading                                                               
the  number of  times a  person has  been convicted.  Without the                                                               
applicability  section   someone  could  argue  that   they  were                                                               
convicted under AS  04.16.200(h) and so they only go  to jail for                                                               
240 days if they'd been  previously convicted two times. However,                                                               
the reality is that they would go  to jail for 240 days if they'd                                                               
been previously convicted once.                                                                                                 
                                                                                                                                
MS. PIERSON agreed.                                                                                                             
                                                                                                                                
1:39:49 PM                                                                                                                    
CHAIR FRENCH asked if the new  language in Section 1 was added as                                                               
clarification.                                                                                                                  
                                                                                                                                
MS. PIERSON said yes.                                                                                                           
                                                                                                                                
CHAIR FRENCH asked what problem Section 2 addresses.                                                                            
                                                                                                                                
MS.  PIERSON explained  that  the new  language  reflects that  a                                                               
person may  be granted a  suspended imposition of  sentence under                                                               
AS 04.16.050(b)(1) and never placed on probation.                                                                               
                                                                                                                                
CHAIR FRENCH asked if that's been  a problem in court with repeat                                                               
minor in possession offenders.                                                                                                  
                                                                                                                                
MS. PIERSON said yes.                                                                                                           
                                                                                                                                
CHAIR   FRENCH  noted   that  Section   3  also   eliminates  the                                                               
problematic "placed on probation" language.                                                                                     
                                                                                                                                
MS. PIERSON agreed.                                                                                                             
                                                                                                                                
CHAIR  FRENCH,  finding  no  further   questions  and  no  public                                                               
testimony, closed public testimony and held HB 98 in committee.