Legislature(2009 - 2010)CAPITOL 120
03/01/2010 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HJR42 | |
| HB283 | |
| HB316 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 42 | TELECONFERENCED | |
| += | HB 283 | TELECONFERENCED | |
| += | HB 316 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 283 - PURCHASE/CONSUMPTION OF ALCOHOL
1:16:21 PM
CHAIR RAMRAS announced that the next order of business would be
HOUSE BILL NO. 283, "An Act relating to the purchasing of and
restrictions concerning alcoholic beverages."
1:16:50 PM
REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee
substitute (CS) for HB 283, Version 26-LS1218\S, Luckhaupt,
2/24/10, as the work draft.
REPRESENTATIVE GRUENBERG objected to ask whether the only change
between the original version and Version S is the deletion of
the phrase, "up to the lifetime of the defendant" from proposed
AS 12.55.015(a)(13).
1:17:29 PM
REPRESENTATIVE HARRY CRAWFORD, Alaska State Legislature,
sponsor, said no, and explained that additionally, Version S no
longer proposes a change to AS 04.16.047(b) - which addresses
the civil fine - but does now propose changes to AS 04.21.050,
[adding a new subsection (d) that states a driver's license or
identification (ID) card issued when the person was under 21
years of age, regardless of the person's current age, is not
acceptable as proof of the person's age for purposes of
purchasing alcohol or as proof that the person is not restricted
from purchasing alcohol], and providing a conforming change to
subsection (b) - which allows licensees to refuse to accept
anything but a valid driver's license or state ID card unless
the person furnishes proof that he/she is not an Alaska
resident.
REPRESENTATIVE HERRON suggested amending proposed AS
04.21.050(b) such that the word, "state" would be added to
page 2, line 14, after the word, "valid"; the language would
then in part read, "valid state identification card". He noted
that that phrase is already used elsewhere in subsection (b).
REPRESENTATIVE CRAWFORD, in response to questions about proposed
AS 04.21.050(d), offered his understanding that it is intended
to work with previously-passed legislation that a makes a
person's driver's license expire when he/she reaches the age of
21 thus requiring him/her to take a test regarding alcohol and
drug awareness and safety before he/she gets a new one.
REPRESENTATIVE GRUENBERG expressed satisfaction with [that
provision].
CHAIR RAMRAS asked what could be done to notify licensees and
their employees and agents about the change encompassed in
proposed AS 04.21.050(d), which addresses those who continue to
use a minor's driver's license or ID card to purchase alcohol.
1:26:42 PM
SHIRLEY GIFFORD, Director, Alcoholic Beverage Control Board
("ABC Board"), Department of Public Safety (DPS), expressed
favor with statutory efforts to curb alcohol abuse, driving
while under the influence, and the serving of underage persons,
but acknowledged that more could be done to notify the public
about the use and updating of [driver's licenses and state ID
cards]. She noted that even under existing 04.21.050(b),
licensees and their employees and agents have the authority to
not accept certain forms of ID. She suggested that perhaps the
Cabaret Hotel Restaurant & Retailer's Association (CHARR) could
assist with education efforts [regarding the proposed and recent
statutory changes pertaining to driver's licenses and state ID
cards], and acknowledged that perhaps the ABC Board could assist
with those education efforts as well since it contacts licensees
on a daily basis.
CHAIR RAMRAS suggested that the techniques in alcohol management
(TAM) courses could perhaps be used to help educate licensees
and their employees and agents about this issue. Characterizing
HB 283 as a good piece of legislation, he indicated that the
legislature could use the assistance of the ABC Board with
regard to education and enforcement efforts.
MS. GIFFORD agreed to provide that assistance.
REPRESENTATIVE GRUENBERG surmised that there were no further
changes incorporated into Version S.
REPRESENTATIVE HERRON referred to the word, "substantially" as
used on page 4, line 8 - proposed AS 12.55.015(a)(13)(A) - and
asked whether it's necessary to include that word.
REPRESENTATIVE CRAWFORD indicated that using the phrase
"substantially influenced by the consumption of alcohol" is
necessary because statutes don't currently define what an
alcohol-related offense is. Using the phrase, "substantially
influenced" provides some weight, and judges would have the
discretion to determine whether this provision could apply in a
particular case. For example, in a case involving domestic
violence (DV), if the perpetrator had had just one drink before
assaulting his/her [spouse/partner], alcohol probably didn't
substantially contribute to the DV crime, but if the perpetrator
was drunk when he/she committed the DV crime and that was really
the cause of the DV behavior, then this provision could apply
and the judge would have the discretion to order the perpetrator
to refrain from consuming alcoholic beverages for a period of
time.
1:33:23 PM
REPRESENTATIVE HERRON [although the objection to adopting
Version S as the work draft had not yet been withdrawn] made a
motion to adopt Conceptual Amendment 1, to add the word, "state"
to page 2, line 14, after the word, "valid", and elsewhere that
[the drafter] deems appropriate.
REPRESENTATIVE GRUENBERG surmised that under Conceptual
Amendment 1, the word, "state" would also be added to page 2,
line 18, before the words, "identification card", and to page 2,
line 26, such that the phrase, "an identification card" would be
changed to the phrase, "a state identification card".
CHAIR RAMRAS, after ascertaining that there were no objections,
announced that Conceptual Amendment 1 was adopted.
REPRESENTATIVE GRUENBERG then removed his objection to the
adoption of Version S [as now amended] as the work draft. There
being no further objection, Version S, as amended, was before
the committee.
1:35:15 PM
REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB
283, Version 26-LS1218\S, Luckhaupt, 2/24/10, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 283(JUD) was
reported from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB283 Proposed CS v. S.pdf |
HJUD 3/1/2010 1:00:00 PM |
HB 283 |
| HJR42 Proposed amendment S.1.pdf |
HJUD 3/1/2010 1:00:00 PM |
|
| HJR42 Proposed amendment S.3.pdf |
HJUD 3/1/2010 1:00:00 PM |
|
| HB316 Amendment pkt for 3.1.10.pdf |
HJUD 3/1/2010 1:00:00 PM |
HB 316 |