HB 388 - RIGHT TO REFUSE TO SERVE LIQUOR Number 0024 CHAIRMAN BUNDE announced the first order of business to come before the committee was HB 388, "An Act relating to the right to refuse to sell, give, or serve an alcoholic beverage." He asked Representative Dyson to present his bill. Number 0071 REPRESENTATIVE FRED DYSON said one of the key issues he's been working on for the past couple years is fetal alcohol syndrome and fetal alcohol effects and in his efforts toward prevention, he spent time with ARBA/CHAR, the professional organization of bar owners and bar workers in the state. During his visit, concern was expressed regarding the legality of refusing to serve someone who's pregnant out of concern for alcohol poisoning of the unborn child. He explained Alaska's rights to refusal law states that an employee can refuse to serve a person if there is belief they'd be endangering themselves or others. Bar owners in Oregon have been sued both ways; for refusing to serve someone who is obviously pregnant and for not refusing. He understands that both lawsuits were unsuccessful, but still it remains an open question. REPRESENTATIVE DYSON said, "The current state of the research says that we do not know that there's any safe period or safe amount of alcohol to be consumed that there's no danger to the unborn child. Apparently, the earlier in the pregnancy, the greater the danger, but there is apparently impact on the unborn child all the way through gestation." He said he introduced this legislation at the request of the bar owners. Many of the industry representatives refuse to serve pregnant women as a matter of protecting the unborn child and there haven't been any lawsuits filed for refusal to serve; however, he thinks that day is coming. Number 0302 REPRESENTATIVE BRIAN PORTER asked if Representative Dyson's research on this issue indicated what the intent was of the existing statute to which this legislation is being added. REPRESENTATIVE DYSON surmised that a bar owner does not want to continue to serve someone who is getting violent and may be a danger to others or to themselves personally. Number 0386 REPRESENTATIVE JOE GREEN inquired, "In drafting this, did you discuss with the attorneys whether by including this, there could be an implied problem built for a bar owner who decides to go ahead - since it's a "may" not a "shall not" - and goes ahead and serves a pregnant woman and something happens, are you building any concern here by including this specifically in the law?" REPRESENTATIVE DYSON said industry representatives and their advisors have not been wary about that. CHAIRMAN BUNDE noted there were individuals standing by on teleconference to testify on HB 388. He asked Lori Namyniuk to testify at this time. Number 0463 LORI NAMYNIUK testified via teleconference from Anchorage, and thanked Representative Dyson for his efforts in the prevention of fetal alcohol syndrome and for bringing a very serious problem to the forefront by introducing HB 388. She believed in the concept, but thought it would be difficult to legislate. She said it is known that harm can be caused to a fetus prior to a woman being visibly pregnant which would make it difficult for bar owners to recognize the pregnancy. Her research on fetal alcohol syndrome indicates that more serious damage is caused within the first and second trimester. Also, alcohol isn't the only substance that causes severe damage to unborn children; smoking also does so if alcohol consumption by pregnant women is legislated where will it stop. She said, "I guess instead of sort of following suit with the work you've been doing currently, I think it would be better to continue those efforts and put our focus toward education in a hope that individuals would make informed positive choices for their health and the health of their children and families. It would not just focus on the woman, but realize that it's a whole family problem." She said Representative Dyson's efforts with the statewide coordinator and the Governor's Smart Start program were the beginnings of working toward both providing education and direct services for women and families. Her concern is that pregnant women would view HB 388 as a punishment, and go "underground" or drink in private for fear of being punished or for the societal judgment, and may not seek out social services or residential treatment for their substance use, or worse yet, would not seek medical care. CHAIRMAN BUNDE thanked Ms. Namyniuk for her testimony and asked Morris Bentely for his comments. Number 0628 MORRIS BENTELY, Member, Fetal Alcohol Syndrome/Fetal Alcohol Effects Task Force, testified via teleconference from Bethel in support of HB 388. He discussed some of the problems associated with alcohol in the Bethel area and even though Bethel doesn't have any bar owners, he thought perhaps it would keep the bootleggers from selling alcohol to pregnant women. He supported efforts to stop the problem or solve the problem before the birth of a child who could end up with lifelong behavioral problems. CHAIRMAN BUNDE thanked Mr. Bentely for his comments. He closed public testimony and asked the wishes of the committee. Number 0688 REPRESENTATIVE PORTER made a motion to pass HB 388 from committee with individual recommendations. Hearing no objection, HB 388 moved from the House Health, Education and Social Services Committee.