Legislature(2001 - 2002)
02/11/2002 03:20 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 281-CIVIL LIABILITY FOR PROVIDING ALCOHOL Number 291 CHAIR MURKOWSKI announced that the next order of business would be HOUSE BILL NO. 281, "An Act relating to civil liability for providing alcoholic beverages to a person under 21 years of age; and providing for an effective date." REPRESENTATIVE MEYER, sponsor, introduced HB 281. He said that underage drinking is a significant problem nationwide. The tragedy that occurred in Anchorage in July 2001, which took the lives of three teenagers and one police officer, has highlighted the problem of underage drinking. He said that under HB 281, an adult who knowingly furnishes alcohol to a person under age 21 can be held civilly liable for the resulting damages. Representative Meyer stated that under the current statute, licensees who knowingly sell alcohol to a minor can be held civilly liable for damages if it is determined that alcohol was a substantial factor in causing injury or damage. Representative Meyer said that HB 281 simply holds the general public to the same high standard that liquor stores and bars have. It will only impact those adults who knowingly furnish alcohol to a minor. REPRESENTATIVE MEYER added that currently 30 states have liability laws similar to HB 281. He said that liability laws alone will not eliminate underage access to alcohol, but that hopefully they will deter adults from furnishing alcohol to minors. He commented that HB 281 will not bring back the lives of the three teenagers and the officer who died; however, it will provide a source of recourse for the victims' families and send a strong message to adults that "we are serious about reducing underage access to alcohol." Number 264 CHAIR MURKOWSKI asked if the liability only comes about if the minor who receives the alcoholic beverage engages in activity that results in some kind of damage. REPRESENTATIVE MEYER said that is correct, and added that this is the same standard that is already in place on licensees. He said that the key word is "knowingly". He said a person who unknowingly gives a minor champagne at a wedding reception would not be held liable. In the incident in Anchorage, the furnisher of the alcohol was 31 years old and knew that the kids were teenagers, and therefore was convicted on a criminal offense. House Bill 281 would allow families of the victims to pursue a civil case against the person who furnished the alcohol. Number 247 REPRESENTATIVE ROKEBERG noted that the House Judiciary Standing Committee [which he chairs] had introduced [HB 330], which "raises it to a C felony." The basis of the criminal act under [HB 330] has to result in serious injury or death. He added that with a strict liability standard, "all you have to do is prove that they sold them the alcohol and presumably it is a jury issue as to the level of the amount of damages." Number 234 REPRESENTATIVE HALCRO thanked Representative Meyer for bringing HB 281 forward and added that one of his constituents is the mother of one of the girls killed in the car crash. He said that after talking to Mike Ford in [Legislative Legal and Research Services] "it was his impression and opinion that our existing penalties for providing alcohol are some of the toughest in the country." He said that without bumping it up to a felony for a first time offense, the only way to get to these people is through their wallets. Civil liability is the only way to go. Number 224 REPRESENTATIVE MEYER said that he'd heard Representative Halcro on a radio talk show talking in support of HB 281. He said that he has looked into bumping the penalty to a class C felony and initially was talked out of this idea because a lot of adults who are providing minors with alcohol are big brothers or big sisters providing their younger brother with a six-pack. He said that there was compelling testimony in the House Judiciary Standing Committee to cause him to vote to make the penalty a class C felony because it is a serious problem. He stated that "we need to get people's attention about having a high standard on the civil side as well as on the criminal side. It will get people's attention and make them think twice before buying a six-pack or a bottle of Jack Daniels for an underage person." Number 212 REPRESENTATIVE ROKEBERG alluded to [HB 330] and said, "What this does is move forward on the criminal side, criminalizing the activity to a greater degree than it already is." He stated that now, in the instance of criminal activity, it's either a class A misdemeanor for furnishing [alcohol] for the first time or there needs to be serious injury or death to be able to reach the level of a felony. What [HB 281] does is takes care of civil action that would be lower than that. He stated that he is supportive of HB 281. CHAIR MURKOWSKI said that "it's not just purchasing [the alcohol] for [the minors], if you're giving them a six-pack." REPRESENTATIVE MEYER finished Representative Murkowski's sentence and said that she was correct in her statement. CHAIR MURKOWSKI inquired about the topic of agents and employees being strictly liable. REPRESENTATIVE ROKEBERG said that an agent or an employee of a licensed person is already strictly liable. House Bill 281 makes the general public strictly liable also. Number 186 REPRESENTATIVE KOTT said that right now in current law a parent can provide alcoholic beverages to a son or daughter if they consume the alcohol at home. He asked, "If those sons or daughters go out and cause mischief in which there was civil liability, would they be covered under this?" REPRESENTATIVE ROKEBERG said that he thinks so because they are strictly liable under HB 281. Number 166 REPRESENTATIVE HALCRO asked if state law allows for a parent to provide alcohol to a [son or daughter]. REPRESENTATIVE ROKEBERG said yes. CHAIR MURKOWSKI asked if it refers strictly to consumption in the home. REPRESENTATIVE ROKEBERG said it refers to not being on a licensed premise. Number 158 CINDY CASHEN, Member, Juneau Chapter, Mothers Against Drunk Driving (MADD), testified as a representative of the Alaska MADD chapters. She thanked Representative Meyer for sponsoring HB 281. She stated that MADD feels that HB 281, by increasing the charges against those who furnish alcohol to minor, serves as a deterrent and as a consequence. She said that studies often don't show the deterrents, but what is seen is more people living because of the action of the deterrents, as well as the consequences. All it takes is a deterrent or a consequence for the person standing by the liquor store to say, "No, I'm not going to do it." She said, "It's impossible to have that come up in studies." MS. CASHEN said MADD feels that HB 281 [will be] effective as a deterrent and as a consequence, and has been proven to be in other states. She explained that the state constitution of Alaska allows a lot of freedom, which is wonderful; however, unfortunately many have abused those freedoms to the point that [Alaska] now is a state of victims. She said, "I think that it's important that we now protect ourselves from ourselves. Both the Juneau and Anchorage MADD chapters support HB 281." Number 102 MARTI GREESON, Executive Director, Anchorage chapter of Mothers Against Drunk Driving (MADD), testified via teleconference. She stated that MADD does support HB 281. She said, "Persons who are providing alcohol to individuals under the legal age of 21 must be held to a higher standard of responsibility ... for damages to persons, property, or even community." She commented that HB 281 will go a long way toward causing that to happen. Number 085 MATT WILLIAMS, Police officer, Anchorage Police Department, testified via teleconference. He stated that the Anchorage Police Department does support HB 281. He said: We all lost a friend and a colleague when Officer Wollam was killed. This should have never happened. I respectfully request that language outlining when the payment for covering the cost of prosecution will be paid, as well as a provision for community work service in the event that the defendant cannot pay the court costs. CHAIR MURKOWSKI asked Officer Williams if there really are people hanging outside of package stores waiting for minors to come up so that they can go in, buy them something, and get a little money for themselves. MR. WILLIAMS responded that yes, it does happen, but usually someone isn't waiting in the parking lot for people to come to them. It is usually the other way around, where a carload of teenagers come into the parking lot looking for somebody who's going into the package store and ask, "Hey, can you buy me some beer?" When a person goes to a party where people are drinking beer, somebody knows somebody who can go out and make the necessary alcohol purchases for everybody else. That is usually how it works. CHAIR MURKOWSKI said she would like to think that if this legislation passes, one of the first things that will happen is some kind of outreach to newly turned 21-year-old people to inform them that this is the consequence if they go out and buy their buddies cases of beer. Number 029 REPRESENTATIVE MEYER thanked Officer Williams for his testimony. He said all he can go by regarding the accident is what he read in the paper, but he said that it sounded as if it was easy for these teenagers to get the two gentlemen - ages 30 and 31 - to run down to the corner Mapco and get the alcoholic beverages. TAPE 02-17, SIDE A Number 014 REPRESENTATIVE MEYER stated, "When you sue someone for civil damages, the 21-year-old is probably not going to have a whole lot to go after. Certainly in this case last summer, somebody who is 30 and 31 ... could have been sued for quite a bit, assuming they had assets." He asked Officer Williams if it is pretty easy for kids to get somebody to buy alcohol for them. Number 028 OFFICER WILLIAMS responded that it is very easy. He explained that the kids will go to the liquor store parking lot, wait for somebody to go in, and ask that person to buy some alcohol for them. REPRESENTATIVE MEYER said that [the House Judiciary Standing Committee] had passed [HB 330], "making it a class C felony." He added that "hopefully between the criminal side and now the civil side, that the word will get out." Number 049 CATHIE MAURO testified via teleconference and said that she is the mother of Heidi Weilbacher, who died in the car crash of July 9, 2001. She stated her support for HB 281 and thanked Representative Meyer for sponsoring it. REPRESENTATIVE MEYER thanked Ms. Mauro for her testimony acknowledged how difficult this must be for her. Number 061 DONNA GARNER, Executive Director, Victims for Justice, testified via teleconference in support of HB 281. She said that the message to the kids needs to be that alcohol consumption is not a rite of passage, and it's not all right. She addressed the issue of compensation of victims' families. She said she is afraid, as a mother of a 16-year-old daughter, that "one night when she's not within my reach that she would make the wrong decision. I think anybody who has a child has to realize that no matter how perfect they are, as teens they make wrong decisions." Number 104 REPRESENTATIVE KOTT asked, "How does this relate to the 31-year- old who provides alcoholic beverages to the 19-year-old, and then the 19-year-old gives it to his friend, and the friend that he gave it to is the one who's involved in the accident that causes some civil liability?" REPRESENTATIVE ROKEBERG said that there was testimony earlier in the [House Judiciary Standing Committee] about "the causation and the connection, and it will be a matter of evidence because there could be a commingling of various sources of alcohol at a party." He said he suspects that it would cause the same kind of problem in a civil action where the chain of causation has to be mapped to find the approximate cause of the injury, and therefore it could be problematic as to the success of the criminal or civil action. Number 134 CHAIR MURKOWSKI voiced that she hopes the House Judiciary Standing Committee will address the issue of being "judgment- proof" when looking for civil damages. She said, "You could have the scenario that the parents that live in the huge, beautiful home and have provided a six-pack of beer for three kids and they each have two, and then an hour later they go out and get it from somebody else - the next-door neighbor who happens to live in a lousy house - and in terms of being judgment-proof you need to get into that aspect of [HB 281]." She mentioned that this is not something that would cause her to withhold her support for [HB 281], but it's something that needs to be aired in the House Judiciary Standing Committee. Number 152 REPRESENTATIVE KOTT addressed the issue of posting signs in establishments where alcohol is sold so that people know the consequence for furnishing alcohol to minors. He said, "It's not that we want to put people in jail under a different degree of felony or that we want people to receive civil damages. We're trying to prevent an activity from occurring. A posted sign may make a purchaser have a second thought before buying the alcohol." REPRESENTATIVE HALCRO moved to report HB 281 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 281 was moved from the House Labor and Commerce Standing Committee.
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