Legislature(2005 - 2006)SENATE FINANCE 532
02/15/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB209 | |
| SB210 | |
| SB237 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 209 | TELECONFERENCED | |
| + | SB 210 | TELECONFERENCED | |
| + | SB 237 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR SENATE BILL NO. 209(JUD)
"An Act relating to access by persons under 21 years of age to
premises licensed to sell alcoholic beverages as clubs when
alcoholic beverages are not present and, when alcoholic
beverages are present, to premises of a patriotic organization
licensed as a club if the person possesses a valid active duty
military or armed forces identification card issued by the
United States government."
This was the first hearing for this bill in the Senate Finance
Committee.
JOSHUA TEMPEL, Staff to Senator Charlie Huggins, the bill's
sponsor, read the Sponsor Statement as follows.
Senate Bill 209 amends AS 04.11.110(g) by authorizing access
by persons under 21 years of age, who possess a valid military
active duty (or armed forces identification card issued by the
United States Department of Defense or the United State
Department of Homeland Security) ID card, to a club's licensed
premises without specific authorization of the Alcoholic
Beverage Control Board in certain circumstances.
Under present state law, persons under the age of 21 cannot be
on any premises that are licensed to sell alcoholic beverages
unless a parent or legal guardian accompanies them. Current
law causes a dilemma to the under age veteran. Although they
are eligible to join an organization, they are unable to go to
the veteran's meetings or functions 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. This bill will simply allow our troops access to the
supportive and safe environments which they currently are not
allowed. A military organization post will truly be a place
where veterans across the generations will have an accepting
atmosphere in which they can impart their wisdom and stories.
This bill will help ensure a place of safety for our troops
while they are on the home front.
Senator Bunde asked whether the military organizations being
referred to would include such entities as the American Legion.
Mr. Tempel affirmed. He noted that the bill packet includes
memorandums from both the Alcoholic Beverage Control (ABC) Board
and the Division of Legal and Research Services, Legislative
Affairs Agency [copies on file] that specify the licensed premises
being referred to in this legislation would be patriotic
organizations such as the American Legion, the Disabled American
Veterans (DAV), and the Veterans of Foreign Wars (VFW). It could
not be "broadened" to include such entities as strip clubs.
Senator Bunde, noting that the bill would allow people below the
legal drinking age to enter licensed alcoholic beverage
establishments, asked whether this action would place additional
"pressure on bartenders in these clubs" to determine which
attendees could or could not be served alcohol. He asked whether
the affected establishments have weighed in on this issue.
Mr. Tempel responded that the establishments understand the
conditions of the bill and would uphold their responsibilities as
otherwise, their alcohol licenses could be in jeopardy. Testimony
from those entities would be forthcoming.
Senator Bunde agreed that an establishment's alcohol dispensary
license could be in jeopardy were a mistake made and an alcoholic
beverage dispensed to an under age person.
Senator Stedman reminded that in previous times, there was no issue
with underage soldiers being allowed in establishments in which
liquor was sold. However, that situation has changed. Continuing,
he asked what prompted the need to introduce this legislation. He
had "no problem with the whole issue. Someone that's old enough to
serve in the military and go to Iraq certainly should have the
maturity to go into these establishments and have some camaraderie"
whether or not alcohol was being sold.
SENATOR CHARLIE HUGGINS, the bill's sponsor, stated that the
reality is that an underage soldier at Fort Richardson, Alaska for
instance, who wanted an alcoholic beverage could get it. That is
"just the way it is."
In response to Senator Stedman's comments, Senator Huggins stated
"service organizations see themselves as two-fold". They are a
"fraternal organization that supports quite frankly an older
generation of people" and participates in its community. Their
other major duty is to reach out to young military people in the
community who might not have family or another support group there.
Continuing, he noted that the issue is that, due to alcoholic
licensing conditions, were such an organization to participate in a
Veterans Day Dinner, for example, it would be "illegal for an
underage person" to be on the establishment's licensed premises
unless they were accompanied by their legal guardian or parent.
This legislation would eliminate that licensing "technicality".
Senator Huggins affirmed that the affected service organizations
fully understand their responsibilities were this legislation
adopted. This legislation was introduced in order to allow underage
soldiers to participate in a patriotic environment that could offer
them support.
Senator Olson asked how the restrictions on serving alcohol to
underage individuals would be monitored.
Senator Huggins stated that in order to be served an alcoholic
beverage an individual would be required to present age
identification. It would be likely that an organization's
identification provisions would become "more stringent" were this
legislation adopted.
9:16:54 AM
Senator Stedman asked for confirmation that the bill would allow
underage soldiers to enter an establishment, but would not allow
them to be served alcohol.
9:17:36 AM
Senator Huggins affirmed. The purpose of the bill would be to allow
underage military personnel to participate in an organization that
could offer support and camaraderie, not to allow them access to
alcohol.
Senator Stedman acknowledged. Continuing, however, he opined that,
"if you are 18 or 19 and you're old enough to go to Iraq and die
for your country you're old enough to go have a beer."
9:18:09 AM
DOUG GRIFFIN, Director, Alcohol Beverage Control Board, Department
of Public Safety, testified via teleconference from an offnet site.
To further respond to the concern about the responsibilities that
would be placed on a licensed establishment by this legislation, he
assured that service organizations are aware of the situation and
would be taking extra precautions. It is "a tradeoff". On one side
is the point about these people serving their country and needing a
place for camaraderie and on the other side is the need to ensure
that establishments uphold the requirement not to serve alcohol to
underage people. Efforts could be taken to ensure that the actions
proposed by this legislation would work.
Co-Chair Green asked for clarification as to whether the law being
changed is one that prohibits people under the age of 21 from being
in an establishment that sells alcohol or whether the law prohibits
people under the age of 21 from belonging to such an organization.
Mr. Griffin clarified the issue is that because the clubs have a
beverage dispensary license, they must adhere to the same
regulations as a bar and restrict those under the age of 21 from
the premises unless a legal guardian or spouse age 21 or older
accompanied them. This bill would alter that standard. The ABC
Board has "no jurisdiction over membership". People under the age
of 21 could belong to the organizations. He noted that changes to
ABC standards are not uncommon, as restrictions on licensed
premises that offer dining have been altered to allow people under
the age of 21 to dine there.
9:20:48 AM
Senator Stedman asked whether the bill could be expanded to allow
the military individuals identified in this legislation to be able
to consume alcohol at the age of 19 in these patriotic
establishments. "The whole issue" of how a person in the military
who is under the age of 21 "is handled ? in our own country ?is
egregious".
Mr. Griffin regarded the drinking age discussion as being a
"broader issue". As the result of "federal suggestions", states
adopted 21 as their legal drinking age in the 1980s. Federal
highway funding and other federal aid could be negatively affected
were a state to lower that federally "recommended" allowable
drinking age. There is a "great deal of uniformity on this matter
nationwide.
9:22:35 AM
Senator Bunde asked whether a soldier must be 21 years old to
consume alcohol in a club on a military base.
Senator Huggins affirmed that a soldier must be 21. At one time,
there was an exception in regards to the consumption of beer with a
3.2 percent alcoholic content.
Senator Bunde understood therefore that the military has a 21-year
age requirement as well. The issue of changing the age at which a
person could legally consume alcohol would be an issue beyond the
realm of the ABC Board.
Senator Huggins noted that in recent time, such things as the once
popular after work Happy Hour events and clubs on military bases
have disappeared. He also noted the fact that a Driving Under The
Influence (DUI) offense on one's record would be detrimental to a
career in the military. Thus, events that promoted drinking have
been curtailed.
AT EASE 9:24 AM / 9:24:45 AM
Vice Chair Bunde assumed Chair of the meeting.
9:25:19 AM
JOHN WILKINS, Volunteer Director, Disabled American Veterans (DAV),
Department of Alaska informed the Committee that his
responsibilities include overseeing the work of four service
officers who are compensated by the State of Alaska as well as
seven chapter service officers who are volunteers like himself.
Their work would include such things as assisting veterans with
claims against the federal Veterans Administration. He noted that a
service referred to as VetBoat utilizes a boat to travel to small
communities in Southeast Alaska to assist veterans in those
communities.
Mr. Wilkins stated that DAV supports this legislation. He conveyed
that he had sought assurance from post commanders that "stringent"
procedures would be established in their licensed establishments to
insure "that no underage military person would be allowed to
drink".
9:26:34 AM
Mr. Wilkins stated that the adoption of this legislation would
allow "service officers to talk more freely with the young people
that are back about any problems that they may have. Not allowing
them into clubs and organizations" has made service officer jobs
more difficult, and has prevented allowing young veterans from
talking with service officers. He characterized the role of the
service officers as being "a mentoring situation" in which older
soldiers assist young military personnel in dealing with such
things as combat issues.
Mr. Wilkins stated that passage of this legislation would be
appreciated.
9:27:54 AM
CLAYTON LOVE, Commander, Disabled American Veterans, Department of
Alaska, concurred with Mr. Wilkins' comments. He declared that this
legislation would not significantly impact bartenders; they would
simply be required to monitor activities "more closely". Rules
would be established. For instance, were people under the age of 21
to have consumed a drink prior to coming to an establishment, their
entry would be denied.
Mr. Love stated that the benefit of this bill would be to allow all
members of an organization to participate in events such as dinners
that might be held in the establishment.
9:29:27 AM
Mr. Love continued that this legislation would allow younger
soldiers to benefit from the camaraderie and the experiences of the
older soldiers including combat experiences, injuries, and re-
adjusting to civilian life. Furthering this legislation would also
indicate State support for young military personnel.
9:31:42 AM
HOWARD COLBERT, Commander, Disabled American Veterans (DAV) Chapter
No. 4, Juneau, informed the Committee that when Congress
established the DAV, it specified in Statute that no alcoholic
beverages could be consumed in their meeting rooms. DAV has a very
limited budget and, as it does not have its own facilities, it must
conduct meetings in places such as public libraries. However, the
limited availability of such space is a hardship on the
organization. Consequently, benevolent organizations such as the
American Legion and VFW have allowed DAV to hold its meetings and
complete required paperwork for veterans with disabilities in their
facilities. Continuing, he noted that due to the current age
restrictions on licensed patriotic establishments, providing
assistance for disabled veterans under the age of 21 is burdensome.
Mr. Colbert likened the wisdom that older veterans could impart to
a library: "they are a wealth of knowledge". Continuing, he noted
that VFW and American Legion posts are well managed. Of the State's
72,000 veterans, 14,000 live in Southeast Alaska. The VetBoat that
transits to communities in Southeast Alaska has completed paperwork
for 459 veterans with disabilities over the past six years; most of
that paperwork was completed in VFW or American Legion halls. As
the State's veterans age, they will be experiencing more problems
and locations must be available in which to conduct the required
paperwork.
Mr. Colbert, who had completed two tours of Vietnam, communicated
that being a young veteran is "a whole different world". The
veterans in the various patriotic organizations "do understand and
they do talk. That is a lot of help for the younger guys." While a
multi-age family could currently dine in a restaurant with an
alcoholic beverage license, an underage veteran who has served his
country could not currently enter a VFW Hall without the bar being
closed down. "That doesn't make sense to me." These "very very fine
young" veterans have earned the right to enter these patriotic
establishments.
9:36:34 AM
Senator Bunde surmised that when Mr. Colbert served in Vietnam, no
identification had been checked when beer rations were distributed.
Mr. Colbert affirmed.
9:36:54 AM
Senator Bunde thanked the gentlemen for their service.
RECESS TO THE CALL OF CHAIR 9:37:12 AM / 10:21:33 AM
Co-Chair Green resumed Chair of the Committee.
Co-Chair Wilken moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objection, CS SB 209(JUD) was REPORTED from
Committee with previous zero fiscal note #1 from the Department of
Military and Veterans Affairs.
10:22:16 AM
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