Legislature(2009 - 2010)BELTZ 211
04/06/2009 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB148 | |
| SB85 | |
| SB110 | |
| SB176 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 148 | ||
| += | SB 85 | TELECONFERENCED | |
| += | SB 110 | TELECONFERENCED | |
| *+ | SB 176 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 85-ALCOHOL: LOCAL OPTION/LICENSING/MINORS
1:57:07 PM
CHAIR FRENCH announced the consideration of SB 85 and asked for
a motion to adopt work draft committee substitute (CS), version
\S.
SENATOR WIELECHOWSKI moved to adopt work draft CS for SB 85,
labeled 26-GS1009\S, as the working document. There being no
objection, version S was before the committee.
ANNE CARPENETI, Attorney, Criminal Division, Department of Law,
explained that this CS does not contain the provisions dealing
with local options that were in the original bill. Those were
removed primarily due to the reaction by the community of Bethel
and their representatives.
CHAIR FRENCH noted the resolution in the packet from the City of
Bethel opposing much of the original bill and stated his belief
that the CS addresses most of the concerns expressed in the
resolution.
MS. CARPENETI explained that the bill consists of three parts.
The first two make minor technical changes to legislation that
was adopted last year dealing with alcohol enforcement. She
offered to again explain those changes and members indicated
that wasn't necessary. The remaining issue is to adopt civil
penalties for licensees or owners of bars and package stores if
one of their agents or employees is convicted of furnishing
alcohol to a minor while working on the licensed premises.
Current law provides that a bartender can be prosecuted for a
class A misdemeanor if he or she is convicted of furnishing
alcohol to a minor. She noted that mistakes shouldn't happen
very often now that Alaska driver licenses for minors have a
vertical, as opposed to horizontal, format.
1:59:29 PM
MS. CARPENETI said under current law there are no real
consequences to the owners of a bar or liquor store whose
employee is convicted of furnishing alcohol to a minor. While
most licensees are responsible and take steps to ensure that
they don't serve minors, investigations of bars and package
stores have shown that about 20 percent fail to maintain that
high standard. The administration would like to reduce that
failure rate and has decided to take direction from the
successful tobacco enforcement program. When civil penalties
were adopted for the owners of stores whose employees or agents
sold tobacco to under age people, the effect was dramatic.
SB 85 adopts less severe penalties than the ones that the
Governor tried to adopt in previous years. This bill provides
that for the first offense the owner receives a letter that
explains the penalties for subsequent offenses. The second and
subsequent offenses bring a $1,000 fine. The hope is that all
bar owners will be more responsible.
2:02:25 PM
DIANE CASTO, Project Manager, Prevention and Early Intervention
Services, Division of Behavioral Health, Department of Health
and Social Services, said her section of behavioral health
manages the tobacco enforcement and education program. This
involves going out into communities to check business
establishments for a number of things including sales to minors.
These so called "SYNAR checks tie the percentage of tobacco
sales to minors to a state ability to receive its federal
substance abuse prevention and treatment block grant. Every year
each state receives a block grant from SAMHSA (Substance Abuse
Mental Health Services Administration) for treatment and
prevention of substance abuse, but penalties are imposed if a
state has a sell rate of tobacco to minors that is over 20
percent. We take our tobacco enforcement very seriously because
we don't want to lose funding and because we don't want our
youth smoking cigarettes and having access to tobacco, Ms. Casto
said. According to the youth risk behavior survey, tobacco use
by youths has dropped significantly every year since the more
punitive penalties were imposed. Likewise, access to tobacco has
reduced.
CHAIR FRENCH reviewed a chart on display and observed that 2002
was the break-over year.
MS. CASTO said that was the first year that penalties were
imposed on businesses with tobacco endorsements. Those penalties
are more punitive than the ones proposed in SB 85, but they have
been proven to work, she added.
2:06:51 PM
CHAIR FRENCH clarified for the listening audience that Ms. Casto
is arguing by analogy.
MS. CASTO said that's correct, but there are similarities. She
explained that youths work with the tobacco investigators to try
to purchase tobacco. That's how the compliance rates are
determined. Under a partnership agreement these same youths have
for the last several years also worked with the alcohol
investigators to try to purchase alcohol. Interestingly, a youth
that is able to purchase alcohol from a business is turned away
when he or she tries to buy tobacco. One reason for that is that
the penalties for selling tobacco to a minor are much more
severe. "People are much more aware of not selling tobacco to
minors than they are of alcohol," she said.
MS. CASTO referenced several research reports on regulatory
strategies for preventing youth access to alcohol that look at
commercial availability, social and public availability, and
youth possession. This research found that administrative
sanctions are a best practice for reducing youth access to
alcohol. These sanctions target the licensee because they are in
the best position to prevent future violations by setting good
policies and providing good training for the clerks who sell
alcohol. Under current law just the clerks receive a penalty for
selling alcohol to a minor. Having clear and consistent
penalties is an excellent part of a multi-strategy approach. But
we aren't saying that retail stores and bars are the only way
that youths get alcohol, Ms. Casto emphasized. In fact, a youth
risk behavior survey indicates that youth get their alcohol
through a licensed vendor just seven percent of the time. Other
ways include raiding parents' liquor cabinets, standing outside
an establishment and asking an adult to buy for them, and
getting it from older friends. "We see this as part of a multi-
strategy approach to impact all of these different areas, she
said. Research also shows that to be effective there must be a
credible threat of consequences that are swift, certain and
continue over time. Administrative penalties are the most
effective mechanism for deterring sales of alcohol to minors.
2:09:51 PM
SENATOR MCGUIRE joined the committee.
MS. CASTO related that as with most things in health and social
services, they are looking to best practices that have research
and evaluation behind them and that have data that show that the
strategies that are used are effective. "Everything that has
been studied has shown that administrative penalties for the
licensee is a very effective method of reducing alcohol
accessibility to youth and I think the tobacco example is a
perfect comparison," Ms. Casto stated.
CHAIR FRENCH said public testimony has been closed, but he would
point out that the current CS removes the local option aspects
of the bill so most of the concerns articulated in earlier
public testimony have been addressed.
SENATOR THERRIAULT referred to page 1, line 12, and asked if the
bill is clear on how the warning for a first conviction will be
issued.
CHAIR FRENCH asked Ms. Carpeneti if she foresees the warning to
be written or verbal.
MS. CARPENETI said she assumes it would be written but it would
be helpful if it were spelled out.
CHAIR FRENCH asked Senator Therriault if he'd like to move a
friendly amendment.
2:12:49 PM
SENATOR THERRIAULT moved Amendment 1.
AMENDMENT 1
Page 1, line 12:
Insert "written" before "warning"
CHAIR FRENCH found no objection and announced that Amendment 1
is adopted.
He noted that Mr. Mittman with the ACLU and Doug Moody with the
Public Defender Agency are online to answer questions on the
bill.
SENATOR THERRIAULT asked for clarification that just one warning
will be issued per licensed premises and not one warning per
employee.
2:14:36 PM
MS. CARPENETI said that's correct.
SENATOR THERRIAULT asked if there would be a way for a licensee
to get around this by reformulating their business.
MS. CARPENETI replied DOL envisions this going to the license.
CHAIR FRENCH stated for the record that Sections 2-5 of this CS
have not been changed.
MS. CARPENETI corrected her previous statement and said she
reads the bill to say that if a bar owner transfers their
license the new licensee would start over and get one free
strike.
CHAIR FRENCH restated that the transgression does not travel
with the paper license; it transfers with the person holding the
license.
MS. CARPENETI stated agreement; that's the point of holding
responsible the person who is running the business, setting the
tone, and adopting the policies.
2:16:42 PM
SENATOR WIELECHOWSKI moved to report CS for SB 85, version S as
amended, from committee with individual recommendations and
attached fiscal note(s). There being no objection, CSSB 85(JUD)
moved from the Senate Judiciary Standing Committee.
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