Legislature(2001 - 2002)
03/21/2002 01:37 PM Senate L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 281-CIVIL LIABILITY FOR PROVIDING ALCOHOL
CHAIRMAN STEVENS announced HB 281 to be up for consideration.
REPRESENTATIVE KEVIN MEYER, sponsor of HB 281, said under this
bill an adult who knowingly furnishes alcohol to a person under
the age of 21 can be held civilly liable for the resulting
damages.
Under current statute right now we can only hold civilly liable
the licensees that sell alcohol. This bill holds the general
public to a similar standard as they are currently holding their
licensee. However, this bill only impacts those adults who are
knowingly furnishing alcohol to the minors. They are not going
after the kid who sneaks a glass of champagne at the wedding
reception or the parents who give their kids a glass of wine at
dinner. This bill is after those who are waiting out in the
parking lots on a Saturday night and buying alcohol for kids.
This bill will deter some adults from furnishing alcohol to kids
and will give kids less options to get the alcohol and it would
provide recourse for the victims' families.
The tragedy that happened last July in Anchorage, which
took the lives of three teenagers and Anchorage Police
Officer Justin Williams has once again highlighted the
problem of underage drinking and the consequences of
adults who knowingly provide the alcohol to minors. In
this case, two adults were found guilty. I believe one
was 30 and the other one was 31.
MS. CINDY CASHEN, Mothers Against Drunk Driving -
Juneau/Anchorage, supported HB 281, which will impact those
without proper license who give to minors.
By making this action a civil crime, victims from
underage drinking may take action and receive due
compensation from the illegal gift of alcohol. Now, its
mission includes the prevention of underage drinking
and this bill will assist in decreasing the
availability of it to minors.
MS. PAM WATTS, Executive Director, Advisory Board on Alcoholism
and Drug Abuse, supported HB 281 saying they appreciate
Representative Meyers' recognition of the seriousness of adults
furnishing alcohol to persons under the age of 21 and the need to
hold those people accountable for the damages that might result
from underage drinking.
I think many adults who furnish alcohol to minors fail
to realize the potential life threatening problems in
providing alcohol to this population. Research
indicates that drinking is associated with increased
risk taking and sensation seeking on the part of
adolescents who drink and, of course, it has
disinhibiting effects that can increase the likelihood
of engaging in unsafe activities. In 1997, 21% of young
drivers 15 - 20 years of age who were killed in
automobile accidents were intoxicated. Twenty-five
percent of those were male and 12% were female.
Research also shows that people who began drinking
before the age of 15 are four times more likely to
develop alcohol dependence than people who wait until
they are 21. Each additional year of delaying the onset
of drinking reduces the probability of alcohol
dependence by 14%. Adolescents who drink heavily assume
the same health risks that adults do and the
adolescents who use alcohol earlier are more likely to
become sexually active at an early age, have sex more
often and engage in unprotected sex, which places them
at greater risk for HIV infection and other sexually
transmitted diseases.
I think it's significant that 95% of the violent crime
on college campuses is alcohol related and 90% of the
college rapes involve alcohol use by the victim or the
assailant.
Suicide among Alaska youth is a very serious problem
and alcohol use among adolescents has been associated
with considering, planning and completing suicide. We
know that the prevention programs are working that are
in place, but we need your continued support and
advocacy for resources to support those programs and to
meet the community needs for appropriate levels of
intervention and treatment for underage drinking
problems.
But the bottom line for this piece of legislation is
that those adults who provide alcohol to underage
drinkers assume a heavy responsibility and this
legislation makes it clear what that responsibility is
and the consequences associated with it. So, the
Advisory Board strongly encourages your support for
passage of this bill.
SENTOR AUSTERMAN said he understands that right now you can file
a liability against someone that provides alcohol under the same
scenario and this bill just codifies it in law.
REPRESENTATIVE MEYERS clarified that right now you can take a
civil action against a licensee, but not adults.
SENATOR AUSTERMAN asked if he gives alcohol to an underage person
who then goes out and kills himself, can his parents sue him for
that.
REPRESENTATIVE MEYERS answered there could be criminal charges,
but no civil action.
CHAIRMAN STEVENS said that section 2 combined with subsection d
on page 2, line 22, is the component that allows the individual
recourse from the person that gave the alcohol to the minor.
REPRESENTATIVE MEYERS said that was correct; it allows them to
take civil action. He said that the drafting wasn't the clearest.
SENATOR TORGERSON moved to pass HB 281 with individual
recommendations and attached fiscal note. There were no
objections and it was so ordered.
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