04/24/2002 01:44 PM Senate JUD

          HB 281-CIVIL LIABILITY FOR PROVIDING ALCOHOL                                                                      
                                                                                                                                
REPRESENTATIVE  KEVIN MEYERS,  sponsor of  HB 281, explained  that                                                              
under HB 281 an adult who knowingly  furnishes alcohol to a person                                                              
under  age 21  may be  held  civilly liable  for  the results  and                                                              
damages. Under current  statute, only those with  a liquor license                                                              
can be held civilly liable. This  bill holds the general public to                                                              
a standard  similar to that for  licensees. The key word  in BHBHB
 is "knowingly."  The intent of this bill is to  go after those                                                              
adults who  sit in parking  lots of liquor  stores on  weekends to                                                              
purchase  alcohol for minors  and get  paid by  the minors  or the                                                              
adult who willingly  purchases alcohol for minors. HB  281 will do                                                              
three  things: it  will deter  adults from  furnishing alcohol  to                                                            
minors;  it  will  reduce  underage  access  to  alcohol;  and  it                                                              
provides recourse  to victims' families. He told  members that the                                                              
main  reason  he is  going  forward  with  this legislation  is  a                                                              
tragedy that  occurred last  July in which  three teenagers  and a                                                              
police  officer   died.  He  said   the  bill  passed   the  House                                                              
unanimously. He asked committee members to support the bill.                                                                    
                                                                                                                                
SENATOR DONLEY  pointed out the only  fiscal note was  prepared by                                                              
the House  Labor and Commerce  Committee and  asked if any  of the                                                              
departments have prepared a fiscal note for the bill.                                                                           
                                                                                                                                
REPRESENTATIVE  MEYER said there  were no  other fiscal  notes and                                                              
that he does not anticipate any costs to the state.                                                                             
                                                                                                                                
CHAIRMAN  TAYLOR commented  that he  has seen  about four or  five                                                              
bills  come  out  of the  House  Judiciary  Committee  that  would                                                              
provide immunity from negligent conduct  and the damages resulting                                                              
from  that conduct  for various  groups.  He asked  Representative                                                              
Meyer,  "You  realize that  these  are  criminal acts  that  we're                                                              
talking about?"                                                                                                                 
                                                                                                                                
REPRESENTATIVE MEYER answered affirmatively.                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR  asked if  there  is  some  reason why  the  same                                                              
standards  in the other  bills, i.e.  gross negligence,  reckless,                                                              
intentional, are not being used in HB 281.                                                                                      
                                                                                                                                
REPRESENTATIVE MEYER  asked if Chairman Taylor was  asking why the                                                              
bill contains a knowingly standard versus criminal negligence.                                                                  
                                                                                                                                
CHAIRMAN  TAYLOR said  HB 281  contains a  knowingly standard  but                                                              
only  applies to  private  persons,  however when  it  comes to  a                                                              
business, the standard is strict liability.                                                                                     
                                                                                                                                
REPRESENTATIVE MEYER  said that is correct and  that the committee                                                              
wanted the  standard to  be higher for  the general public  versus                                                              
license holders. Committee  members had a lot  of discussion about                                                              
the issue of whether an adult would  be held liable if a minor got                                                              
a glass of champagne at a wedding  reception, for example. He said                                                              
the key word  is "knowingly," which  is hard to prove so  it would                                                              
have  to  be obvious  that  the  adult  knew  that the  minor  was                                                              
underage. He  said his intention is  to target adults who  wait in                                                              
parking lots  for the specific  purpose of purchasing  alcohol for                                                              
minors for a fee so the standard  is a little higher than it would                                                              
be for a package store.                                                                                                         
                                                                                                                                
CHAIRMAN  TAYLOR said  that requiring  a  knowingly standard  will                                                              
make it difficult to prove. He then took public testimony.                                                                      
                                                                                                                                
MS.  CINDY CASHEN,  representing  Mothers  Against Drunk  Driving,                                                              
said  there are  three  types of  people  who  provide alcohol  to                                                              
minors: chronic  alcoholics who purchase  alcohol in  exchange for                                                              
money  or alcohol  of their  own;  friends or  family; and  sexual                                                              
predators whose goal is to cause  impaired judgment in a teenager.                                                              
The last two are more common than  many realize. These people need                                                              
to  be aggressively  discouraged  through  laws  such as  HB  281.                                                              
Contributing  to  a minor  today  results  in  a small  fine  with                                                              
perhaps some jail time. HB 281 would  make selling to minors a big                                                              
deal. HB 281  sends the message to  youth that they are  cared for                                                              
and that the state  will pursue someone who was the  root cause of                                                              
a senseless tragedy.                                                                                                            
                                                                                                                                
MS.  CASHEN  said  it  makes  no   sense  for  Alaska  to  prevent                                                              
restorative  justice  for  those  who  suffer  severe  and  tragic                                                              
consequences from  the result of those persons  who supply alcohol                                                              
to minors.  MADD believes  Alaskans want this  law and  needs this                                                              
law for our children if not for ourselves.                                                                                      
                                                                                                                                
MS.  LINDY STOOPS,  representing  Youth  in Action  (a  MADD-based                                                              
program),  said many  people do  not realize  the consequences  of                                                              
providing alcohol to  people under the age of 21.  She believes it                                                              
is very  easy for minors  to get alcohol  in Juneau and  that this                                                              
bill  will make  people realize  that the  consequences of  buying                                                              
alcohol for minors are serious.                                                                                                 
                                                                                                                                
MR. MICHAEL KEGGY, representing Youth  in Action, said he has seen                                                              
a lot of people who drink and drive  in Juneau. He has experienced                                                              
incidences with  alcohol, some in  his family, that  have affected                                                              
his life and the lives of those around him.                                                                                     
                                                                                                                                
There  being  no  further testimony,  SENATOR  DONLEY  moved  CSHB
(JUD) from committee with individual recommendations.                                                                        
                                                                                                                                
CHAIRMAN  TAYLOR  announced  that without  objection,  the  motion                                                              
carried. He then noted the committee would take up HB 405.