02/10/2010 01:30 PM Senate JUDICIARY

          SB 194-CIVIL DAMAGES FOR ALCOHOL VIOLATIONS                                                                       
                                                                                                                                
1:52:48 PM                                                                                                                    
CHAIR  FRENCH  announced  the  consideration  of  SB  194.  [CSSB
(STA) was before the committee.]                                                                                             
                                                                                                                                
SENATOR  KEVIN MEYER,  Alaska State  Legislature,  sponsor of  SB
, said  the bill amends  current statue pertaining  to alcohol                                                               
violations in  three ways. First,  the civil penalty for  a minor                                                               
who  tries to  buy  alcohol using  a fake  ID  is increased  from                                                               
$1,000  to $1,500.  Second, the  civil penalty  for an  adult who                                                               
tries to buy  alcohol for a minor is  similarly increased. Third,                                                               
an educational  component is  added that may  require a  minor to                                                               
pay for  and enroll in  a juvenile alcohol safety  action program                                                               
if available.                                                                                                                   
                                                                                                                                
SENATOR  MEYER said  he first  became involved  in this  issue in                                                               
1997 as  an Anchorage assembly member.  Licensees were frustrated                                                               
when nothing  resulted after they  caught and turned in  kids who                                                               
were  trying to  buy alcohol  using fake  IDs. Because  licensees                                                               
could be fined  or lose their liquor license  for serving minors,                                                               
they wanted something  in place to deter kids from  trying to get                                                               
alcohol.  The program  was so  successful in  Anchorage that  the                                                               
Legislature passed it  into state law in 2001.  Now the licensees                                                               
would like the civil penalty to be increased to $1,500.                                                                         
                                                                                                                                
1:56:32 PM                                                                                                                    
SENATOR MEYER described  SB 194 as a win-win  situation. It helps                                                               
legislators know that minors don't  have access to alcohol and it                                                               
assists  responsible  licensees to  be  proactive  in helping  to                                                               
enforce these laws.                                                                                                             
                                                                                                                                
SENATOR MCGUIRE asked if the  civil action is brought against the                                                               
parent.                                                                                                                         
                                                                                                                                
SENATOR MEYER offered his understanding  that the suit is against                                                               
the minor;  in most instances  the kids  that are using  fake IDs                                                               
are over age 18.                                                                                                                
                                                                                                                                
SENATOR MCGUIRE  asked how many cases  are filed and if  they are                                                               
burdening the courts.                                                                                                           
                                                                                                                                
SENATOR  MEYER related  that Brown  Jug reported  it pursues  3-4                                                               
cases  per week.  Smaller establishments  rely  on CHARR,  Alaska                                                               
Cabaret,  Hotel, Restaurant  and Retailers  Association, to  take                                                               
action on their behalf. He doesn't  know the effect it has on the                                                               
courts.                                                                                                                         
                                                                                                                                
SENATOR  MCGUIRE asked  if he  considered expanding  the bill  to                                                               
include civil action  against a person that is  violating a court                                                               
order prohibiting them from purchasing alcohol.                                                                                 
                                                                                                                                
1:59:18 PM                                                                                                                    
SENATOR MEYER agreed that would work as a deterrent.                                                                            
                                                                                                                                
SENATOR MCGUIRE commented  that the court is  currently trying to                                                               
deal with habitual re-offenders.                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI stated support for  the idea; it's a problem                                                               
in  his community.  He  asked if  Section 1  and  Section 2  each                                                               
provide a separate $1,500 penalty.                                                                                              
                                                                                                                                
2:00:34 PM                                                                                                                    
CHRISTINE  MARASIGAN, Staff  to Senator  Meyer, replied  they are                                                               
two  separate penalties.  One penalty  deals  with a  minor on  a                                                               
licensed  premises  or trying  to  obtain  access to  a  licensed                                                               
premises. The second  penalty deals with someone age  18 and over                                                               
or an  emancipated minor  who is trying  to purchase  alcohol for                                                               
somebody who is not allowed to have access to alcohol.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI reviewed Section  1 and posed a hypothetical                                                               
situation.  He asked  if  the  liquor store  would  file for  and                                                               
receive the civil damages.                                                                                                      
                                                                                                                                
SENATOR  MEYER   explained  that   each  establishment   does  it                                                               
differently,  but  often the  licensee  gives  the money  to  the                                                               
employee as an incentive.                                                                                                       
                                                                                                                                
2:02:14 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked how  many  cases  have been  brought                                                               
under both sections.                                                                                                            
                                                                                                                                
CHAIR FRENCH recalled  good testimony in state  affairs from O.C.                                                               
Madden with Brown Jug about  the number of cases they've brought.                                                               
He noted that Mr. Madden had intended to testify.                                                                               
                                                                                                                                
He pointed  out that Section  1, AS 04.16.049(e) is  about access                                                               
of persons  under age  21 to licensed  premises. AS  04.16.065 is                                                               
about someone over age 21 who  tries to buy for someone under age                                                               
21.                                                                                                                             
                                                                                                                                
CHAIR  FRENCH asked  for information  about the  juvenile alcohol                                                               
safety action program envisioned in Section 4.                                                                                  
                                                                                                                                
2:03:41 PM                                                                                                                    
MS. MARASIGAN explained  that in FY09 $200,000  was available for                                                               
the Division  of Behavioral Health,  Alaska Department  of Health                                                               
and Social  Services (DHSS), to  offer programs in  MatSu, Homer,                                                               
Kotzebue,   Fairbanks,   Juneau,    Kenai,   Kodiak,   Ketchikan,                                                               
Dillingham,  Seward,  and  Anchorage.  The  committee  substitute                                                               
(CS),  makes the  program voluntary  and is  written so  it could                                                               
include other alcohol education or treatment programs.                                                                          
                                                                                                                                
2:06:02 PM                                                                                                                    
SENATOR COGHILL joined the committee.                                                                                           
                                                                                                                                
CHAIR  FRENCH  noted the  memo  from  legislative legal  services                                                               
regarding statutory  references that require correction.  He said                                                               
he  will re-calendar  the bill  when Mr.  Madden is  available to                                                               
testify.                                                                                                                        
                                                                                                                                
CHAIR FRENCH held SB 194 in committee.