Legislature(2001 - 2002)

05/06/2002 01:54 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
        HB 330-PROVIDING ALCOHOL TO MINORS/ BREWPUB LIC.                                                                    
                                                                                                                                
REPRESENTATIVE  NORM ROKEBERG,  sponsor  of HB  330, told  members                                                              
that  on July  9, 2001,  police officer  Justin  Wollam and  three                                                              
others were  killed when  Robert Esper crossed  the median  of the                                                              
Glenn  Highway  and collided  with  Officer Wollam's  patrol  car.                                                              
Esper  was suspected  of driving  while intoxicated  with a  blood                                                              
alcohol level of .091. Representative Rokeberg stated:                                                                          
                                                                                                                                
     While investigating the events  leading up to the tragic                                                                   
     and deadly  accident, police  discovered that Esper  and                                                                   
     his underage friends had been  drinking at a party where                                                                   
     alcohol was  furnished by two  adults. Both  men pleaded                                                                   
     guilty  to   furnishing  alcohol  to  minors   and  were                                                                   
                                th                                                                                              
     sentenced  on  February  20   of  this  year.  Currently                                                                   
     furnishing alcohol to a minor  is a class A misdemeanor,                                                                   
     subject to  no more than one  year in prison and  a fine                                                                   
     of not more than $5,000.                                                                                                   
                                                                                                                                
     What HB 330 does, quite simply,  is increase the penalty                                                                   
     for  an adult who  furnishes  the alcohol  to a class  C                                                                   
     felony, but only in those cases  where the minor goes on                                                                   
     to negligently  cause the death and or  serious physical                                                                   
     injury of  another while acting  under the influence  of                                                                   
     alcohol.                                                                                                                   
                                                                                                                                
     Mr. Chairman,  on the House  floor one of  my colleagues                                                                   
     added on lines 12 and 13 the  words 'operating motorized                                                                   
     equipment, firearms,  or watercraft' to  further tighten                                                                   
     the  implementation  of this  particular  bill. In  your                                                                   
     deliberations  today I ask  that you  look at the  words                                                                   
     'motorized equipment' and perhaps  substitute 'motorized                                                                   
     vehicle'  because  conceptually -  because  there is  no                                                                   
     definition for  'motorized equipment' in  state statute.                                                                   
     That concludes my testimony,  Mr. Chairman. I'd be happy                                                                   
     to answer any questions.                                                                                                   
                                                                                                                                
CHAIRMAN TAYLOR took public testimony.                                                                                          
                                                                                                                                
MS. ANNE CARPENETI, Assistant Attorney  General, Department of Law                                                              
(DOL), said that  DOL has supported HB 330 all along  but the term                                                              
"motorized equipment"  is not defined  in statute.  Alaska statute                                                              
does contain a  definition of "motor vehicle" that  could be cross                                                              
referenced  to  AS 28.40.100;  and  definitions  of "firearm"  and                                                              
"watercraft"  that could  be  cross referenced  to  Title 11.  She                                                              
thought the cross references would make the bill clearer.                                                                       
                                                                                                                                
CHAIRMAN  TAYLOR  asked if  the  cross-references  should also  be                                                              
noted within the body of the language.                                                                                          
                                                                                                                                
MS. CARPENETI said that adding to the definitions in Section (2)                                                                
(A) and (B) would work better.                                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR  asked Ms.  Carpeneti to  draft an amendment  with                                                              
the changes she suggested.                                                                                                      
                                                                                                                                
MS. CARPENETI agreed to do so.                                                                                                  
                                                                                                                                
MS.  MARTI GREASON,  representing  Mothers  Against Drunk  Driving                                                              
(MADD),  thanked Representative  Rokeberg for  introducing HB  330                                                              
and  said that  national  research,  as  well as  anecdotal  self-                                                              
reporting  at an  Anchorage middle  school, show  that when  young                                                              
people choose  to drink, they frequently  start around the  age of                                                              
12. All  have had the  assistance of  an adult to obtain  alcohol.                                                              
Alcohol  is involved  in too  many  deaths and  injuries of  young                                                              
people. MADD believes that adults  who provide alcohol to underage                                                              
persons  who, while  under the  influence, cause  injury or  death                                                              
must  be  held   to  a  higher  standard  of   responsibility  and                                                              
culpability. MADD supports HB 330 to accomplish that objective.                                                                 
                                                                                                                                
MS.  CATHIE MAURO  told  members  that she  lost  her 14  year-old                                                              
daughter  in  the  July  9 accident.  She  first  started  getting                                                              
support for  making this action a  felony in August  by contacting                                                              
her legislators  and MADD. With their  support, HB 330  has gotten                                                              
this  far.  She  expressed  concern about  some  of  the  language                                                              
changes made during  the committee process. She  originally wanted                                                              
adults who furnish alcohol to children  to not only be accountable                                                              
for  the children's  actions while  impaired by  the alcohol,  but                                                              
also accountable  for the lives of  the children they  provide the                                                              
alcohol  to. She  said if  one removes  the  car from  the July  9                                                              
scenario, the children  could have died from alcohol  poisoning or                                                              
hypothermia. She noted  that many things can happen  when children                                                              
are impaired  by alcohol.  She suggested  that fine-tuning  HB 330                                                              
could save many  lives. She asked that committee  members not wait                                                              
until  they experience  a  similar tragedy  before  doing more  to                                                              
deter adults from furnishing alcohol to children.                                                                               
                                                                                                                                
CHAIRMAN TAYLOR noted the arrival of Senator Ellis.                                                                             
                                                                                                                                
REPRESENTATIVE  ROKEBERG repeated that  the House floor  amendment                                                              
added  the  words "operating  motorized  equipment,  firearms,  or                                                              
watercraft" on lines  12 and 13. He noted the intent  of the floor                                                              
amendment was to narrow the scope of the bill.                                                                                  
                                                                                                                                
SENATOR DONLEY  asked for  a synopsis of  the floor debate  on the                                                              
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG said, in  his opinion, the only reason for                                                              
the  debate was  that  his colleagues  were  feeling guilty  about                                                              
their own  experiences in  life. He believes  they didn't  wish to                                                              
raise culpability to the level of  a felony if an assault occurred                                                              
that  resulted in  an  injury and  death.  He  said he  personally                                                              
disagreed but lost the debate.                                                                                                  
                                                                                                                                
SENATOR  DONLEY  asked  if  this  bill will  hold  the  adult  who                                                              
provides  the alcohol  responsible and  charges the  adult with  a                                                              
class C felony.                                                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG  said that is  correct. He added  one part                                                              
of  the  issue  is  furnishing  alcohol  within  a  family.  Under                                                              
existing  statute,  a  parent  can  give a  child  alcohol  and  a                                                              
majority  spouse can  give a  minority spouse  alcohol. The  issue                                                              
becomes one of  hosting and discussions on the House  floor and in                                                              
House committees  centered around presumed liabilities  if a minor                                                              
secretly took alcohol.  He said that is not what  this bill covers                                                              
and,  because the  standard is  criminal negligence,  there is  no                                                              
mens rea for intent if a minor steals alcohol at one's home.                                                                    
                                                                                                                                
SENATOR DONLEY  asked what the  interrelationship is  between this                                                              
felony and the existing statutes  that allow a parent to furnish a                                                              
child  with alcohol.  He  asked, "Are  we  only criminalizing  the                                                              
activity when  it's -  are we accelerating  the criminal  fine for                                                              
only the activity that is currently  a criminal activity or are we                                                              
also creating some sort of criminal  penalty when the providing of                                                              
the  alcohol is  actually legal  under existing  statute but  then                                                              
there's a subsequent serious physical injury or death?"                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG  replied, "No. All we're  doing here under                                                              
the original  bill before they put  the motorized craft  and stuff                                                              
in was  to create  an aggravator  if there  was serious  injury or                                                              
death.   That  is   all  we're   doing,   basically  creating   an                                                              
aggravator." He  repeated the House  floor amendment  narrowed the                                                              
scope.                                                                                                                          
                                                                                                                                
CHAIRMAN  TAYLOR  suggested that  the  choices being  offered  are                                                              
either  to delete  the  House floor  amendment  or  clarify it  by                                                              
deleting  "motor   equipment"  and  inserting  the   words  "motor                                                              
vehicles,"  which is defined  in statute,  and then providing  for                                                              
additional  clean-up language, including  statutory references  to                                                              
"firearms" and "watercraft."                                                                                                    
                                                                                                                                
SENATOR THERRIAULT  asked Representative  Rokeberg to  recount the                                                              
discussion on "motorized equipment" versus "motorized vehicle."                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG  said some  wordsmithing was done  to make                                                              
sure that ATVs and snowmobiles were included.                                                                                   
                                                                                                                                
SENATOR THERRIAULT noted that those  vehicles will not be included                                                              
in the definition of "motor vehicle."                                                                                           
                                                                                                                                
MS.  CARPENETI  told  members  if the  bill  cross  references  AS                                                              
28.40.100, snow machines will be included.                                                                                      
                                                                                                                                
SENATOR  DONLEY said  that he  tends  to agree  that the  original                                                              
language  is  better  because  he  can  think  of  some  scenarios                                                              
involving  activities other  than  operating motorized  equipment,                                                              
firearms or watercraft that this bill should apply to.                                                                          
                                                                                                                                
CHAIRMAN TAYLOR  agreed. He suggested amending CSHB  330(FIN)am by                                                              
deleting  the words  "operating motorized  equipment, firearms  or                                                              
watercraft" on page 1, lines 12 and 13.                                                                                         
                                                                                                                                
SENATOR DONLEY asked Chairman Taylor  his opinion of retaining the                                                              
word "acting"  throughout the bill as  that word was added  by the                                                              
House Finance Committee.                                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR questioned whether  anything substantive was added                                                              
to the bill by inserting the word "acting."                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  explained  that  the word  "acting"  was                                                              
included by the legal drafter to  make the provisions symmetrical.                                                              
                                                                                                                                
MS. CARPENETI said  it was actually included by  the House Finance                                                              
Committee at her suggestion. The  committee wanted to clarify that                                                              
the person was acting under the influence  of the alcohol that was                                                              
illegally  furnished.  She  was not  sure  its  addition  actually                                                              
clarifies the causal relationship.                                                                                              
                                                                                                                                
CHAIRMAN TAYLOR  maintained that  it does  clarify that  the adult                                                              
can only be involved  if the minor was under the  influence of the                                                              
alcoholic beverage received in violation of this section.                                                                       
                                                                                                                                
SENATOR DONLEY  asked Ms. Carpeneti  if she could  recommend other                                                              
language.                                                                                                                       
                                                                                                                                
MS. CARPENETI said  she would recommend using  the House Judiciary                                                              
Committee language.                                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR maintained that Amendment  1 would return the bill                                                              
to  the House  Judiciary  Committee version.  He  then noted  that                                                              
without further discussion or objection,  Amendment 1 was adopted.                                                              
                                                                                                                                
There being no  further discussion, SENATOR DONLEY  moved SCS CSHB
330(JUD) from  committee with  individual recommendations  and its                                                              
accompanying fiscal notes.                                                                                                      
                                                                                                                                
CHAIRMAN  TAYLOR announced  that without  objection, SCS  CSHB 330                                                              
(JUD) moved from committee.                                                                                                     

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