04/06/2004 01:50 PM House JUD

HB 430 - EMPLOYEES UNDER 21 AT LICENSED PREMISES                                                                              
                                                                                                                                
[Contains discussion of HB 367]                                                                                                 
                                                                                                                                
Number 0837                                                                                                                     
                                                                                                                                
CHAIR McGUIRE announced that the  next order of business would be                                                               
HOUSE BILL NO. 430, "An Act  relating to employees under 21 years                                                               
of age in the premises  of hotels, restaurants, and eating places                                                               
that are licensed to sell,  serve, deliver, or dispense alcoholic                                                               
beverages."                                                                                                                     
                                                                                                                                
Number 0848                                                                                                                     
                                                                                                                                
REPRESENTATIVE BETH KERTTULA,  Alaska State Legislature, sponsor,                                                               
acknowledged her staff,  Aurora Hauke, for doing  the majority of                                                               
work  on the  bill.   Representative  Kerttula  explained that  a                                                               
constituent had  wanted to hire  an 18-year-old who was  a foster                                                               
child  but technically  was out  of  foster care  because he  was                                                               
considered  an adult  under that  system;  current law,  however,                                                               
requires  a parent's  signature.    Thus HB  430  solves a  small                                                               
problem  for  18-year-olds  who  want  to  work  in  a  hotel  or                                                               
restaurant where alcohol  is served, although, of  course, such a                                                               
person cannot serve, touch, or  sell the alcohol.  Representative                                                               
Kerttula noted  that the same  situation occurs  for 18-year-olds                                                               
who travel to  Alaska.  She reported that  the Alcoholic Beverage                                                               
Control  Board ("ABC  Board") supports  the legislation  and that                                                               
Mothers Against Drunk Driving (MADD) has no opposition.                                                                         
                                                                                                                                
REPRESENTATIVE GARA  remarked that  he thinks  the bill  is fine,                                                               
but  raises  the question  of  whether  16- or  17-year-olds,  if                                                               
[HB 367,  which he  and Chair  McGuire  sponsored] doesn't  pass,                                                               
would be  allowed to  work at The  [Great Alaskan]  Bush Company,                                                               
for  example, if  it serves  fries.   He  suggested perhaps  it's                                                               
incumbent  on [him  and Chair  McGuire] to  deal with  it in  the                                                               
other bill.                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA deferred to Ms. Hauke.                                                                                  
                                                                                                                                
Number 1004                                                                                                                     
                                                                                                                                
AURORA  HAUKE,  Staff  to Representative  Beth  Kerttula,  Alaska                                                               
State  Legislature, sponsor,  voiced her  belief that  this would                                                               
only apply  to places  that have  "a certain  type of  license to                                                               
sell alcohol, which  involves that most of the  business does not                                                               
come  from the  alcohol."   She  said she  couldn't remember  the                                                               
exact name of the license, but it's a different category.                                                                       
                                                                                                                                
AN UNIDENTIFIED MEMBER mentioned "restaurant."                                                                                  
                                                                                                                                
REPRESENTATIVE   KERTTULA  said   she   believes  that's   right.                                                               
Furthermore, 16-  and 17-year-olds still have  to get permission.                                                               
This  just  covers  18-year-olds;  they've  reached  the  age  of                                                               
majority but  still need the  signature currently,  although that                                                               
might be  impossible for  someone from  out of  state or  who has                                                               
been a foster  child.  She pointed out  that 19-year-olds already                                                               
can do it on their own.                                                                                                         
                                                                                                                                
CHAIR McGUIRE asked Representative  Kerttula whether she'd looked                                                               
at  a  "bypass" through  the  Department  of Labor  [&  Workforce                                                               
Development (DLWD)]  because of  the foster-child  status, rather                                                               
than lowering the age limit.                                                                                                    
                                                                                                                                
REPRESENTATIVE  KERTTULA said  her office  had worked  on this  a                                                               
couple  of years  with DLWD  and the  ABC Board;  because of  the                                                               
"morass  of statutes  that are  quite circular,"  it was  decided                                                               
that a statutory  change was needed.  She added,  "They wanted to                                                               
do it; if they could've, they would've."                                                                                        
                                                                                                                                
REPRESENTATIVE  SAMUELS recalled  that when  a smoking  ordinance                                                               
passed  in Anchorage,  distinctions were  made via  the licensing                                                               
mechanism.  Much of the  difference between a particular bar that                                                               
sells  food  and  a particular  restaurant  that  sells  alcohol,                                                               
although very  similar, was based on  the age of those  who could                                                               
bus  tables.    Thus  there'd  been a  lot  of  contention.    He                                                               
suggested this bill probably wouldn't  impact that situation, but                                                               
said it certainly comes to mind.                                                                                                
                                                                                                                                
REPRESENTATIVE KERTTULA agreed it  probably wouldn't, because 18-                                                               
year-olds  can  work in  both  sets  of establishments  now  with                                                               
parental  permission;  all this  bill  does  is remove  that  one                                                               
requirement  [of  permission].   She  offered  to check  it  out,                                                               
however, and provide that information.                                                                                          
                                                                                                                                
REPRESENTATIVE SAMUELS  said he'd like  to know later  and didn't                                                               
want to hold  the bill up.   He mentioned a deal  on the assembly                                                               
and that it  was an odd choice.   He recalled a  line being drawn                                                               
at age 21, but said he didn't know the details.                                                                                 
                                                                                                                                
REPRESENTATIVE  KERTTULA  pointed out  that  someone  must be  21                                                               
years old in order to serve  alcohol or sell it, which might have                                                               
been the distinguishing factor.                                                                                                 
                                                                                                                                
CHAIR McGUIRE asked whether anyone else wished to testify.                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA noted that  the ABC Board was unavailable                                                               
to testify but supported the legislation.                                                                                       
                                                                                                                                
Number 1245                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG   moved  [to  report  HB   430  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero  fiscal  note].    There  being no  objection,  HB  430  was                                                               
reported from the House Judiciary Standing Committee.