Legislature(2005 - 2006)CAPITOL 17
02/01/2006 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB242 | |
| HB274 | |
| HB331 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 274 | TELECONFERENCED | |
| += | HB 242 | TELECONFERENCED | |
| *+ | HB 331 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 331-UNDERAGE MILITARY ON LICENSED PREMISES CHAIR ANDERSON announced that the final order of business would be HOUSE BILL NO. 331, "An Act relating to access by persons under 21 years of age to premises licensed to sell alcoholic beverages as clubs." 4:18:07 PM REPRESENTATIVE JIM ELKINS, Alaska State Legislature, sponsor of HB 331, began by pointing out that the committee packet should include a title amendment. 4:18:54 PM REPRESENTATIVE CRAWFORD moved that the committee adopt Amendment 1, which read [original punctuation provided]: Page 1 delete lines 1 and 2 and insert: "An Act relating to access by persons under 21 years of age that possess a valid active duty military or armed forces identification card issued by the United States Department of Defense or the United States Department of Homeland Security to a premises licensed to sell alcoholic beverages as clubs." REPRESENTATIVE KOTT objected for discussion purposes. He pointed out that the legislation could be amended further in the Senate to specify only 19 and 20 year olds. Therefore, if the intent is to reach a younger age, perhaps it should be specified. REPRESENTATIVE ELKINS said he found it hard to believe that the Senate would allow that. He highlighted that there are a number of 17-year-olds who are serving today. The thought, he explained, was that this legislation only allows underage military to enter patriotic licensed clubs. REPRESENTATIVE LYNN suggested that perhaps those with military identification cards could enter [licensed premises], and therefore it would include 17-year-olds. REPRESENTATIVE KOTT indicated his agreement with Representative Lynn's suggestion. 4:21:56 PM REPRESENTATIVE CRAWFORD pointed out that the body of HB 331 refers to "18, 19, or 20 years of age". REPRESENTATIVE KOTT suggested that the committee address the body of the legislation first and then conform the title to it. REPRESENTATIVE ROKEBERG further suggested that such changes should be conceptual. REPRESENTATIVE CRAWFORD withdrew Amendment 1. JIM VAN HORN, Staff to Representative Jim Elkins, Alaska State Legislature, paraphrased from the following written sponsor statement: House Bill 331 is a simple, single page bill that amends AS 04.11.110(g) by authorizing access by persons under 21 years of age, who possess a valid military active duty ID card, to a club's licensed premises without specific authorization of the ABC board in certain circumstances. Under present state law, persons under the age of 21 cannot be on premises licensed to sell alcoholic beverages unless a parent or legal guardian accompanies them. At the same time, it is recognized that the Federal Government is the legal guardian of those active duty personnel under the age of 21. All active duty personnel are eligible for membership in veteran's organizations, including those under the age of 21. Current law causes a dilemma to the under age person. Here they are, eligible to join an organization, but unable to go to the meetings because they are under age. This legislation will in no way allow the consumption of alcoholic beverages by persons under the age of 21 in licensed clubs. It will allow active duty people under 21 to avail themselves of the club's amenities such as television, pool table, lounge, etc. 4:24:27 PM REPRESENTATIVE KOTT inquired as to the current description of the utilization of the various clubs on the military installations. MR. VAN HORN related his understanding that [those carrying a valid military active duty card] can enter the clubs, but cannot consume alcoholic beverages. He opined that the military clubs have tightened [the rules] relating to the consumption of alcohol by active duty personnel. 4:25:42 PM CHAIR ANDERSON surmised then that the sponsor's understanding is that 18 to 20-year-olds won't be drinking in these facilities. 4:26:13 PM REPRESENTATIVE ELKINS interjected that this legislation doesn't grant the clubs [located on military facilities] the authority to serve underage individuals and if the club did serve underage individuals, it would face the same liability as any other facility. 4:27:06 PM REPRESENTATIVE ROKEBERG expressed concern with regard to what a "patriotic organization licensed as a club" is. MR. VAN HORN pointed out that AS 04.11.110(b) specified the definition of a club license, which specifies that any veterans' organization is a patriotic organization. REPRESENTATIVE LEDOUX asked if only veterans' organizations are considered patriotic organizations. She asked specifically if patriotic organizations could include organizations other than veterans' organizations. 4:29:12 PM MR. VAN HORN explained that for purposes of licensing, only veterans' organizations are considered patriotic. REPRESENTATIVE KOTT moved that the committee adopt Amendment [2], as follows: Page 1, line 11: Delete "is 18, 19, 20 years of age and" Page 1, lines 1 and 2: Delete "An Act relating to access by persons under 21 years of age to premises licensed to sell alcoholic beverages as clubs." Insert "An Act relating to access by persons possessing a valid active duty military or armed forces identification card issued by [insert entities] to premises licensed to sell." 4:30:48 PM CHAIR ANDERSON objected for discussion purposes. REPRESENTATIVE LYNN commented that this does not include wives of military personnel. 4:31:38 PM REPRESENTATIVE KOTT stated that Amendment 2 captures the intent of the sponsor. CHAIR ANDERSON commented that a "valid military identification card" represents a son, daughter, or spouse, and does not require further definition. REPRESENTATIVE ELKINS stated that in regard to the title of the bill, he would like it to read: "An Act relating to access by military personnel under 21 years of age to a patriotic organization licensed to sell alcoholic beverages as clubs." 4:33:42 PM CHAIR ANDERSON, providing clarification, stated that the first part of Amendment 2, which deletes "is 18, 19, or 20 years of age and", would be maintained and a title amendment in the vein specified will be requested from Legislative Legal Services. [Amendment 2 was treated as adopted.] 4:34:38 PM REPRESENTATIVE LYNN expressed his strong support for the legislation, and stated his feeling that active duty military personnel are adults and should be treated as such. He added that in his opinion, military personnel should be given even broader privileges, good or bad. REPRESENTATIVE KOTT said " ... I agree with Representative Lynn, but with the federal restrictions that we currently have governing these individuals, I think it would be very tough for us to do it, independent of them making changes." 4:36:37 PM DOUG GRIFFIN, Director, Alcoholic Beverage Control Board ("ABC Board"), Department of Public Safety, stated that the ABC Board deals with this issue often, adding that American Legion Posts, Auxiliary Posts and Veterans of Foreign Wars [Posts] are considered "patriotic organizations" that qualify for club liquor licenses. He added that the only concern he has would be the potential for putting the bartenders in "very difficult situations," because once the underage person is in the door, there is the potential to be served alcohol. He went on to say that this type of license can be very difficult to regulate and therefore he characterized this as a "policy call" for the legislature. REPRESENTATIVE KOTT stated that the veterans' organizations have expressed support for the bill, and they stand to lose a lot if they are not diligent in checking identification. REPRESENTATIVE ROKEBERG asked if underage, those under age 21, active duty personnel on a military base are allowed to drink alcohol. MR. GRIFFIN replied that the ABC Board does not have jurisdiction on military bases, adding that it may vary from one military base to another. He stated that in general he feels that the policy is to not serve persons under 21. 4:41:36 PM REPRESENTATIVE ELKINS commented that to his knowledge, the military bases conform to state law. REPRESENTATIVE KOTT, in response to comments from Chair Anderson, said " ... I'm almost 100 percent sure that there is no military establishment in this state that allows their personnel to acquire alcohol under the age of 21 ..." He went on to say that while he is unaware of any underage drinking establishments, there are clubs that allow underage persons to be in the club during certain hours. MR. VAN HORN explained to the committee that this legislation was drafted in response to situations involving visiting ships that have underage personnel on board who cannot enter into these clubs for food. 4:45:32 PM DEAN HILL, American Legion, stated that the bartenders at the American Legion and Veterans of Foreign Wars [Posts] are trained to check identification and membership cards because it is against the law to sell a drink to a non-member. He added that the change will allow members to sponsor visiting military personnel so that they can enter the club, and the bartenders will check the identification cards before serving them. 4:47:46 PM RICHARD SMITH, Post Commander, American Legion - Seward, stated that he is pleased with [HB 331]. He highlighted the difficulty with only being able to invite part of a ship's personnel to the local American Legion. 4:48:49 PM REPRESENTATIVE LYNN moved to report HB 331, as amended, out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, CSHB 331(L&C) was reported from the House Labor and Commerce Standing Committee.
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