Legislature(2007 - 2008)BELTZ 211
02/12/2008 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB204 | |
| SB235 | |
| SJR15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 204 | TELECONFERENCED | |
| += | SB 235 | TELECONFERENCED | |
| *+ | SJR 15 | TELECONFERENCED | |
SB 235-ALCOHOL: LOCAL OPTION/LICENSING/MINORS
CHAIR OLSON announced the consideration of SB 235.
ANNE CARPENETI, Criminal Division, Department of Law, said SB
235 includes suggestions from three sources to try and curb
alcohol abuse, particularly in rural areas with a local option.
The bill prohibits sending alcohol to local option communities
in plastic bottles. It provides for mandatory civil penalties on
licensees whose agents or employees have been convicted of
furnishing alcohol to a minor. It will adopt a Class C felony
for a third offense of bringing alcohol into a local option area
with a look-back period of ten years. It adopts mandatory terms
for bootleggers, similar to drunk driving. The bill amends the
manslaughter law so that a person who knowingly sells alcohol in
a local option area may be charged with manslaughter if the
alcohol is a direct cause of someone's death. It provides for a
database of children cited for minor consuming, so that police
officers and courts will know a person's alcohol history.
Bootleggers who are charged with the crime will be eligible for
therapeutic courts if warranted.
3:48:50 PM
SENATOR THOMAS moved Amendment 1, labeled 25-GS2035\A.1, as
follows:
Page 1, lines 3 - 4:
Delete "furnishing alcohol to a minor and to civil
penalties for licensees whose agents or employees furnish
alcohol to a minor"
Insert "when a conviction occurs for certain purposes
relating to alcoholic beverage licenses"
Page 2, line 12, through page 3, line 23:
Delete all material.
Renumber the following bill sections accordingly.
Page 3, line 25:
Delete "(b) of"
Page 4, line 4, through page 5, line 2:
Delete all material.
Renumber the following bill sections accordingly.
Page 8, line 10:
Delete "Sections 1, 8, and 9"
Insert "Sections 1, 5, and 6"
Page 8, lines 12 - 14:
Delete all material.
Reletter the following subsections accordingly.
Page 8, line 15:
Delete "Section 3"
Insert "Section 2"
Page 8, line 17:
Delete "Sections 6 and 7"
Insert "Sections 3 and 4"
Page 8, line 20:
Delete "Sections 10 and 11"
Insert "Sections 7 and 8"
CHAIR OLSON objected.
SENATOR THOMAS said Amendment 1 deletes furnishing alcohol to a
minor and civil penalties for licensees whose agents or
employees furnish alcohol to a minor. It does not remove from
statute "the concept that furnishing alcohol to a minor that
there are civil penalties to the licensee. There already exist
such penalties in the existing statute." He said Page 2, line 13
(a), of the bill speaks of permits being suspended or revoked if
the board finds: "and then it lists paragraphs (1) through (12),
(12) being the additional language that was part of this bill."
That is what Amendment 1 would remove -- language that holds the
licensee responsible for the acts of their employees. "In this
land we are held responsible for what we do, not for what other
people do." He read parts of (11) of the bill regarding
suspending or revoking a license if a licensee knowingly or
recklessly violates the law.
3:51:52 PM
SENATOR THOMAS said, "We hold people responsible, licensees, and
we also require them to post signs in their establishment that
are available telling the employees what they should do. Not
only do they have classes on what they should do, but they also
are required to place a sign that reads: Warning. A person who
provides alcoholic beverages to a person under 21 years of age,
if convicted under AS04.16.051, could be imprisoned for up to
five years and be fined up to $50,000. That seems like a pretty
fair warning, and it is required by law that the person does
it." The licensee shouldn't be held responsible for the actions
of another person. "Last year we had discussions about a
particular bill that would have allowed three men in a
particular situation to leave the premises where a woman was
being beaten to death, and there was found, at that point in
time, no reason to change that law, and that bill was set aside,
or that aspect of the bill was taken out that would have held
those people responsible for not reporting that crime." It is
incongruent to let someone walk away from a homicide, versus
this situation when someone does not even know that a violation
is taking place.
3:54:00 PM
SENATOR WAGONER said the Senate made a terrible mistake last
year on that legislation based on one person's legal opinion
without getting a legal opinion from the Attorney General's
office. Two wrongs don't make a right.
MS. CARPENETI said Amendment 1 would remove the civil penalties
for licensees. There are other provisions in SB 235 that are not
dependent on that being there, "so the bill could stand alone
without it." But the DOL opposes Amendment 1, because … of the
experience seen with tobacco enforcement. If store owners have
responsibility for their employees, they will be much more
responsible. It is a good tool to discourage sales to minors.
3:55:57 PM
SENATOR WAGONER asked if that law on tobacco sales caused the
graph "to do that."
MS. CARPENETI said, "We believe so."
A roll call vote was taken. Senators Thomas, Kookesh, and
Stevens voted in favor of Amendment 1, and Senators Wagoner and
Olson voted against. Amendment 1 passed on a vote of 3-2.
3:57:02 PM
SENATOR THOMAS moved to report SB 235, as amended, from
committee with individual recommendations and attached fiscal
note(s). There being no objection, CSSB 235(CRA) moved out of
committee.
The committee took an at-ease from 3:57:44 PM to 4:00:35 PM.
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