Legislature(2001 - 2002)

03/21/2002 01:37 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
          HB 281-CIVIL LIABILITY FOR PROVIDING ALCOHOL                                                                      
                                                                                                                                
CHAIRMAN STEVENS announced HB 281 to be up for consideration.                                                                   
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER, sponsor  of HB  281, said  under this                                                              
bill an  adult who knowingly furnishes  alcohol to a  person under                                                              
the  age of  21  can  be held  civilly  liable for  the  resulting                                                              
damages.                                                                                                                        
                                                                                                                                
Under current  statute right now  we can only hold  civilly liable                                                              
the  licensees that  sell  alcohol. This  bill  holds the  general                                                              
public to a similar  standard as they are currently  holding their                                                              
licensee. However,  this bill  only impacts  those adults  who are                                                              
knowingly furnishing  alcohol to  the minors.  They are  not going                                                              
after  the kid  who sneaks  a glass  of champagne  at the  wedding                                                              
reception or  the parents who give  their kids a glass  of wine at                                                              
dinner.  This bill  is  after those  who are  waiting  out in  the                                                              
parking lots on a Saturday night and buying alcohol for kids.                                                                   
                                                                                                                                
This bill will  deter some adults from furnishing  alcohol to kids                                                              
and will give  kids less options  to get the alcohol and  it would                                                              
provide recourse for the victims' families.                                                                                     
                                                                                                                                
     The tragedy that happened last  July in Anchorage, which                                                                   
     took the lives  of three teenagers and  Anchorage Police                                                                   
     Officer Justin  Williams has once again  highlighted the                                                                   
     problem  of underage  drinking and  the consequences  of                                                                   
     adults who  knowingly provide the alcohol to  minors. In                                                                   
     this case, two  adults were found guilty.  I believe one                                                                   
     was 30 and the other one was 31.                                                                                           
                                                                                                                                
MS.   CINDY    CASHEN,   Mothers    Against   Drunk    Driving   -                                                              
Juneau/Anchorage,  supported  HB  281,  which  will  impact  those                                                              
without proper license who give to minors.                                                                                      
                                                                                                                                
     By  making  this  action a  civil  crime,  victims  from                                                                   
     underage  drinking  may  take  action  and  receive  due                                                                   
     compensation from the illegal  gift of alcohol. Now, its                                                                   
     mission  includes the  prevention  of underage  drinking                                                                   
     and   this   bill   will  assist   in   decreasing   the                                                                   
     availability of it to minors.                                                                                              
                                                                                                                                
MS. PAM  WATTS, Executive Director,  Advisory Board  on Alcoholism                                                              
and  Drug   Abuse,  supported  HB   281  saying   they  appreciate                                                              
Representative  Meyers' recognition of  the seriousness  of adults                                                              
furnishing alcohol to persons under  the age of 21 and the need to                                                              
hold those  people accountable for  the damages that  might result                                                              
from underage drinking.                                                                                                         
                                                                                                                                
     I think many  adults who furnish alcohol  to minors fail                                                                   
     to realize  the potential  life threatening problems  in                                                                   
     providing   alcohol   to   this   population.   Research                                                                   
     indicates  that drinking  is  associated with  increased                                                                   
     risk  taking  and  sensation  seeking  on  the  part  of                                                                   
     adolescents   who   drink  and,   of   course,  it   has                                                                   
     disinhibiting effects  that can increase  the likelihood                                                                   
     of engaging in unsafe activities.  In 1997, 21% of young                                                                   
     drivers  15  -  20  years of  age  who  were  killed  in                                                                   
     automobile   accidents  were  intoxicated.   Twenty-five                                                                   
     percent  of  those  were  male   and  12%  were  female.                                                                   
     Research  also  shows  that people  who  began  drinking                                                                   
     before  the age  of 15  are  four times  more likely  to                                                                   
     develop  alcohol dependence than  people who wait  until                                                                   
     they are 21. Each additional  year of delaying the onset                                                                   
     of   drinking  reduces   the   probability  of   alcohol                                                                   
     dependence by 14%. Adolescents  who drink heavily assume                                                                   
     the   same  health   risks  that  adults   do  and   the                                                                   
     adolescents who  use alcohol earlier are more  likely to                                                                   
     become sexually  active at an  early age, have  sex more                                                                   
     often and  engage in unprotected sex, which  places them                                                                   
     at  greater risk for  HIV infection  and other  sexually                                                                   
     transmitted diseases.                                                                                                      
                                                                                                                                
     I think it's  significant that 95% of the  violent crime                                                                   
     on college  campuses is alcohol  related and 90%  of the                                                                   
     college rapes  involve alcohol use by the  victim or the                                                                   
     assailant.                                                                                                                 
                                                                                                                                
     Suicide  among Alaska  youth is a  very serious  problem                                                                   
     and alcohol  use among  adolescents has been  associated                                                                   
     with considering,  planning  and completing suicide.  We                                                                   
     know that  the prevention programs are working  that are                                                                   
     in  place,  but  we  need  your  continued  support  and                                                                   
     advocacy for resources to support  those programs and to                                                                   
     meet  the  community  needs for  appropriate  levels  of                                                                   
     intervention   and  treatment   for  underage   drinking                                                                   
     problems.                                                                                                                  
                                                                                                                                
     But the  bottom line  for this  piece of legislation  is                                                                   
     that  those  adults  who  provide  alcohol  to  underage                                                                   
     drinkers   assume  a  heavy   responsibility  and   this                                                                   
     legislation makes  it clear what that  responsibility is                                                                   
     and  the  consequences  associated   with  it.  So,  the                                                                   
     Advisory  Board  strongly encourages  your  support  for                                                                   
     passage of this bill.                                                                                                      
                                                                                                                                
SENTOR AUSTERMAN said he understands that right now you can file                                                                
a liability against someone that provides alcohol under the same                                                                
scenario and this bill just codifies it in law.                                                                                 
                                                                                                                                
REPRESENTATIVE  MEYERS clarified  that right  now you  can take  a                                                              
civil action against a licensee, but not adults.                                                                                
                                                                                                                                
SENATOR AUSTERMAN asked if he gives  alcohol to an underage person                                                              
who then goes out  and kills himself, can his parents  sue him for                                                              
that.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  MEYERS answered there  could be criminal  charges,                                                              
but no civil action.                                                                                                            
                                                                                                                                
CHAIRMAN STEVENS  said that section  2 combined with  subsection d                                                              
on page 2,  line 22, is the  component that allows  the individual                                                              
recourse from the person that gave the alcohol to the minor.                                                                    
                                                                                                                                
REPRESENTATIVE  MEYERS said that  was correct;  it allows  them to                                                              
take civil action. He said that the  drafting wasn't the clearest.                                                              
                                                                                                                                
SENATOR   TORGERSON  moved   to  pass  HB   281  with   individual                                                              
recommendations   and  attached   fiscal  note.   There  were   no                                                              
objections and it was so ordered.                                                                                               

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