Legislature(2005 - 2006)BUTROVICH 205
04/25/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB101 | |
| HB54 | |
| HB219 | |
| HB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 101 | TELECONFERENCED | |
| + | HB 54 | TELECONFERENCED | |
| + | HB 219 | TELECONFERENCED | |
| + | HB 116 | TELECONFERENCED | |
| + | TELECONFERENCED |
CSHB 116(JUD)-LIABILITY FOR ALCOHOL LAW VIOLATIONS
10:11:46 AM
CHAIR RALPH SEEKINS announced HB 116 to be up for consideration.
MR. MICHAEL PAWLOWSKI introduced HB 116. Under current statutes,
persons under 21 years of age can be sued by license holders for
assisting law enforcement officers in investigating and
enforcing compliance with the state's alcoholic beverage laws.
HB 116 adds protection for a young person to the statutes.
SENATOR GRETCHEN GUESS asked the difference between peace
officer and law enforcement officer.
MR. PAWLOWSKI voiced he is not certain.
CHAIR RALPH SEEKINS stated peace officers could be members of
the Department of Fish and Game. Police officers have to reach
certain standards.
SENATOR HOLLIS FRENCH read the definition of peace officer:
"A public servant vested by law with a duty to
maintain public order or to make arrests whether the
duty extends to all offenses or is limited to a
specific class of offenses or offenders."
10:16:26 AM
SENATOR FRENCH asked whether anyone has been sued.
MR. PAWLOWSKI said yes.
CHAIR SEEKINS asked the reason HB 116 does not have a
retroactive clause.
MR. PAWLOWSKI explained passing legislation retroactively is
problematic.
10:18:54 AM
SENATOR GENE THERRIAULT commented if the case were still pending
while the law is changed it would nullify the case.
SENATOR FRENCH commented an immediate effective date would shut
any active case down.
SENATOR GUESS asked the statute of limitations.
MR. PAWLOWSKI did not know.
10:20:52 AM
CHAIR SEEKINS expressed concern regarding tying up pending
cases.
SENATOR THERRIAULT suggested the committee put the question to
the drafter.
CHAIR SEEKINS suggested the committee further research options.
10:25:21 AM
SENATOR THERRIAULT asked for a witness to inform the committee
regarding the lawsuit pending.
MR. DOUG GRIFFIN, director, Alcohol Beverage Control Board,
advised the case pending is in Fairbanks. He could not recall
the establishment but the primary licensee is a Mr. Lambert who
owns several businesses with liquor licenses in Fairbanks.
10:28:17 AM
CHAIR SEEKINS asked the number of persons in jeopardy of a
lawsuit if the bill is not made retroactive.
MR. GUANELI could not determine.
10:30:46 AM
MS. CINDY CASHEN, past executive director, Mothers Against Drunk
Driving, testified in support of HB 116. She advised a majority
of their young people volunteer to work with law enforcement
officers to raise awareness of underage drinking and minors
purchasing alcohol. While the compliance check rate has gone up
the establishment owners have developed a phone tree and they
alert other business owners when there is an operation in
effect. In Juneau there are 5 to 6 people who volunteer on
compliance checks. Statewide there are close to 25.
10:33:04 AM
MS. CASHEN detailed the pending case of the teenager in
Fairbanks. The compliance operation was a planned event. Some
business owners found a loophole to challenge the sting. Two of
them in Fairbanks fully intend to take the teenager to court.
CHAIR SEEKINS suggested the committee research to see whether HB
116 could be retroactive. He held HB 116 in committee.
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