03/26/2008 01:30 PM Senate JUDICIARY

         SB 235-ALCOHOL: LOCAL OPTION/LICENSING/MINORS                                                                        
                                                                                                                              
1:43:13 PM                                                                                                                    
CHAIR  FRENCH announced  the consideration  of SB  235 and  noted                                                               
that there is a committee substitute.                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI moved  to adopt  committee substitute  (CS)                                                               
for SB 235, 25-GS2035\M, Luckhaupt, as the working document.                                                                    
                                                                                                                                
CHAIR  FRENCH objected  for discussion  purposes.  He said  there                                                               
were three changes since the last  discussion of the bill. The CS                                                               
takes  a   precautionary  step   and  removes   the  manslaughter                                                               
provision because  it was  difficult to predict  how it  would be                                                               
used. Since there are already  laws about over serving alcohol to                                                               
people,  the  language  didn't seem  necessary.  There  was  much                                                               
discussion  on how  to handle  a licensee  that incurs  a lot  of                                                               
violations. Now there  is no penalty; the only way  to go after a                                                               
licensee  is  to take  their  license  away.  Page 2  Section  3,                                                               
provides a flat $1,000 for  each violation. Testimony showed that                                                               
many licensees can  serve thousands of customers and  not incur a                                                               
single violation, but the Alcoholic  Beverage Control Board (ABC)                                                               
indicates  that other  licensees  incur lots  of violations.  The                                                               
flat  $1,000  fine is  reasonable  and  simpler than  adopting  a                                                               
complex escalating series of fines.                                                                                             
                                                                                                                                
1:45:49 PM                                                                                                                    
CHAIR  FRENCH  explained that  the  last  change  is on  page  4,                                                               
subsections   (i)  and   (j).  The   definition  of   "previously                                                               
convicted" was adopted  on advice from the  Legislative Legal and                                                               
Research Services Division. Otherwise the  bill is much the same.                                                               
He  removed  his  objection  and   asked  if  there  was  further                                                               
objection.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  asked if the language  dealing with mandatory                                                               
minimum sentences for bootlegging is in this version.                                                                           
                                                                                                                                
CHAIR FRENCH replied  that's in Section 5 and  it's unchanged. It                                                               
adopts a scheme that's similar to a DWI.                                                                                        
                                                                                                                                
SENATOR THERRIAULT asked to what offense the C felony applies.                                                                  
                                                                                                                                
CHAIR FRENCH said that page 3,  paragraph (3) provides a C felony                                                               
for  bootlegging, and  the next  section spells  out the  term of                                                               
imprisonment for that crime.                                                                                                    
                                                                                                                                
SENATOR THERRIAULT said he has no objection.                                                                                    
                                                                                                                                
CHAIR  FRENCH  said  that  public testimony  was  closed  at  the                                                               
previous  hearing so  the  people who  want  to articulate  their                                                               
views  with respect  to  this CS  can do  so  before the  finance                                                               
committee. Unfortunately, part and parcel  of a 90-day session is                                                               
the need to keep things moving, he said.                                                                                        
                                                                                                                                
1:48:14 PM                                                                                                                    
SENATOR  WIELECHOWSKI motioned  to report,  Version \M,  [SB 235]                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR FRENCH announced that without  objection CSSB 235(JUD), 25-                                                               
GS2035\M, is moved from the Senate Judiciary Committee.