02/13/2006 01:30 PM House FINANCE

HOUSE BILL NO. 331                                                                                                            
                                                                                                                                
     "An Act relating to access  by persons under 21 years of                                                                   
     age to premises licensed  to sell alcoholic beverages as                                                                   
     clubs."                                                                                                                    
                                                                                                                                
JIM VAN HORN, STAFF, REPRESENTATIVE JIM ELKINS, read the                                                                        
sponsor statement for HB 331 as follows:                                                                                        
                                                                                                                                
     House  Bill  331 is  a  simple,  single page  bill  that                                                                   
     amends AS 04.11.110(g) by  authorizing access by persons                                                                   
     under  21 years  of age,  who possess  a valid  military                                                                   
     active  duty  ID card,  to  a club's  licensed  premises                                                                   
     without  specific authorization  of the Alaska  Beverage                                                                   
     Control (ABC) board in certain circumstances.                                                                              
                                                                                                                                
     Under  present state law,  persons under  the age  of 21                                                                   
     cannot  be  on  premises   licensed  to  sell  alcoholic                                                                   
     beverages unless a parent  or legal guardian accompanies                                                                   
     them.   At  the same  time,  it is  recognized that  the                                                                   
     Federal  Government  is  the  legal  guardian  of  those                                                                   
     active duty personnel under the age of 21.                                                                                 
                                                                                                                                
     All active  duty personnel  are eligible for  membership                                                                   
     in veteran's  organizations,  including those  under the                                                                   
     age of  21.  Current law  causes a dilemma to  the under                                                                   
     age  person.    Here  they  are,  eligible  to  join  an                                                                   
     organization, but  unable to go to the  meetings because                                                                   
     they are under age.                                                                                                        
                                                                                                                                
     The legislation will in no  way allow the consumption of                                                                   
     alcoholic beverages  by the persons under the  age of 21                                                                   
     in licensed  clubs.   It will  allow active duty  people                                                                   
     under  21 to avail  themselves of  the club's  amenities                                                                   
     such as television, pool table, lounge, etc.                                                                               
                                                                                                                                
Mr. Van  Horn related a  situation in Seward  involving Coast                                                                   
Guard personnel, which instigated this legislation.                                                                             
                                                                                                                                
1:46:11 PM                                                                                                                    
                                                                                                                                
Representative   Stoltze   asked   if   this   is   companion                                                                   
legislation to Senator  Huggin's bill.  Mr.  Van Horn replied                                                                   
that it is.                                                                                                                     
                                                                                                                                
Co-Chair Meyer addressed the potential  problem of a 20-year-                                                                   
old  Marine  drinking,  driving,   and  then  getting  in  an                                                                   
accident, and the  possible liability.  Mr.  Van Horn replied                                                                   
that  the  situation  is  similar to  that  of  any  underage                                                                   
drinking  in a  bar.    The bar  or  club is  licensed  under                                                                   
current   law,    has   received   training,    and   assumes                                                                   
responsibility  in such a situation.   Co-Chair  Meyer agreed                                                                   
that  it is  no  different  than  in restaurants  that  serve                                                                   
alcohol.                                                                                                                        
                                                                                                                                
Representative  Stoltze added  to Mr.  Van Horn's  testimony.                                                                   
He opined  that is a  matter of pride  to bring  new military                                                                   
personnel  into  local  military  posts.   It  is  not  about                                                                   
alcohol consumption.                                                                                                            
                                                                                                                                
Mr. Van Horn  addressed the "typo" error, which  required the                                                                   
writing of a new zero fiscal note.                                                                                              
                                                                                                                                
1:50:00 PM                                                                                                                    
                                                                                                                                
Representative  Hawker   questioned  if  "someone   currently                                                                   
possessing  an   active  duty  card"  is  adequate   for  all                                                                   
situations  such as  those in  the  reserves.   Mr. Van  Horn                                                                   
related that the  original intent of the bill  was to address                                                                   
active  duty personnel.   Many  in the reserve  don't have  a                                                                   
card,  but only  a  temporary  card or  paper.    He gave  an                                                                   
example  in  Ketchikan where  there  is  a Joint  Task  Force                                                                   
participating  for two  weeks in a  military training  center                                                                   
and using the local VFW post.                                                                                                   
                                                                                                                                
Representative  Hawker asked  if the  sponsor concludes  that                                                                   
the bill  is adequate to  address this  issue.  Mr.  Van Horn                                                                   
reported  that the  bill should  address access  to posts  by                                                                   
active duty personnel.                                                                                                          
                                                                                                                                
1:53:46 PM                                                                                                                    
                                                                                                                                
CLAYTON  E.  LOVE,  COMMANDER,   DISABLED  AMERICAN  VETERANS                                                                   
(DAV), JUNEAU,  testified that  veterans' organizations  do a                                                                   
great job of  policing their own members.   He emphasized the                                                                   
camaraderie  and  social  benefits of  allowing  active  duty                                                                   
military to go into a club.                                                                                                     
                                                                                                                                
JOHN WILKINS,  DISABLED AMERICAN VETERANS,  JUNEAU, testified                                                                   
in support  of HB 331.   He noted that allowing  young active                                                                   
military people into the clubs  would allow the older members                                                                   
to mentor the younger ones.                                                                                                     
                                                                                                                                
Representative Kelly requested  a definition of "active duty"                                                                   
and wondered  if it excludes  anyone.  Mr. Wilkins  suggested                                                                   
that it does not.                                                                                                               
                                                                                                                                
1:59:47 PM                                                                                                                    
                                                                                                                                
HOWARD   COBERT,  COMMANDER,   DISABLED  AMERICAN   VETERANS,                                                                   
JUNEAU, shared  the background  of DAV, which  was set  up by                                                                   
Congress.  He  maintained that there is no  alcohol served at                                                                   
DVA  functions,  which  serves  to  help  serve  veterans  by                                                                   
helping with paperwork.  The clubs  act as places for younger                                                                   
military to seek  out their peer group and  they police their                                                                   
members.  Representative  Stoltze agreed that  they are self-                                                                   
policing.                                                                                                                       
                                                                                                                                
Representative Foster introduced  UAF Cadet Major Dollemolle.                                                                   
                                                                                                                                
Mr. Van  Horn commented that  Josh Temple, a  Marine reserve,                                                                   
would be presenting Senator Huggin's bill in the future.                                                                        
                                                                                                                                
2:05:37 PM                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to REPORT CSHB 331  (L&C) out of                                                                   
committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.