HOUSE BILL NO. 190 An Act relating to the purchase of alcoholic beverages and to requiring identification to buy alcoholic beverages; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole. Vice Chair Stoltze MOVED to ADOPT work draft #24-LS0617\P, Luckhaupt, 3/21/06, as the version of the bill before the Committee. There being NO OBJECTION, it was adopted. 2:23:43 PM REPRESENTATIVE HARRY CRAWFORD, SPONSOR, deferred comments to his staff, Ms. Beaty. HEATHER BEATY, STAFF, REPRESENTATIVE HARRY CRAWFORD, highlighted the changes made from version "X" to version "P" - before the Committee. · Page 2, Lines 9 & 10, references were added to AS 28.35.030 and 28.35.032, which clarifies that the intent of the bill, only persons convicted under Alaska's drunken driving and refusal to submit to breathalyzer, would receive a marked license or State ID. · Page 3, Line 3, adds that the description of the mark on the license reflect, "not to enter or consume". The idea was that could help the Division of Motor Vehicles understand what is needed on the actual license. It would also provide better understanding to the business selling alcohol and what they should be looking for. · Page 3, Lines 28 & 29, & Page 4, Lines 3 & 4, incorporates Amendment #1 adopted by the Finance Committee at the last hearing, and clarifies that the license must reflect the mark and other information that the bill might require. 2:26:28 PM Co-Chair Meyer was encouraged by the support from the Brown Jug, wholesaler. Representative Kelly asked about the mark on the license and the six-year time limit. Representative Crawford explained that the person would have to surrender their license at the time stopped by the police. The new license would have a mark for a prescribed amount of time. 2:27:31 PM Vice Chair Stoltze asked the intent of Section 1. Representative Crawford replied that the responsibility would be voluntary and it would only restrict the purpose for buying alcohol; it would not restrict them from entering a premise. 2:29:12 PM Co-Chair Meyer MOVED to ADOPT Amendment #2, #24-LS0617\P.2, Mischel, 3/23/06. Representative Hawker OBJECTED for discussion purposes. SUZANNE CUNNINGHAM, STAFF, REPRESENTATIVE KEVIN MEYER, explained that Amendment #2 was drawn from concerns regarding a restriction that a person might have in entering an establishment that serves alcohol. The amendment would delete "NEOC" on Page 3, Line 3 and would insert "ROC", which is an abbreviation for "restriction on consumption". Vice Chair Stoltze commented it would still allow the person to go to a club but not be served. Representative Hawker WITHDREW his OBJECTION. There being NO further OBJECTION, Amendment #2 was adopted. 2:31:10 PM Co-Chair Meyer MOVED to ADOPT Amendment #3, #24-LS0617\P.1, Mischel, 3/24/06. Representative Hawker OBJECTED for discussion purposes. Ms. Cunningham explained Amendment #3, addresses identification (I.D.) cards. She was concerned that if a person was restricted from consumption, the card should contain a mark during the person's probation or duration of parole. The amendment only applies to driving under the influence of alcohol or controlled substances and refusal to submit to a Breathalyzer or chemical test. Drivers license is usually the first thing taken at that time. To meet the intent of the bill, the license should contain a restriction on consumption during the period of probation and/or parole. The amendment would help tighten up those concerns by indicating the restriction. Representative Crawford was okay with the amendment. Representative Hawker WITHDREW his OBJECTION. There being NO further OBJECTION, Amendment #3 was adopted. 2:33:45 PM Co-Chair Meyer MOVED to ADOPT conceptual Amendment #4 to Page 3, Line 31, deleting "Department of Corrections" and inserting "Alaska Parole Board". Representative Hawker OBJECTED for discussion purposes. Ms. Cunningham explained that Amendment #4 provides clarification submitted by the Department of Corrections. Representative Crawford stated that he supports Amendment #4. Representative Hawker inquired if it would be appropriate to indicate the Alaska Parole Board or the Department of Corrections. Ms. Cunningham responded that the conceptual amendment would remain with that intent depending on how the duties were divided between the two. Ms. Beaty advised that language came directly from the Department of Corrections and the instructions were to replace the language. 2:36:23 PM Representative Hawker WITHDREW his OBJECTION. There being NO further OBJECTION, conceptual Amendment #3 was adopted. Co-Chair Meyer MOVED to ADOPT Amendment #5. Representative Hawker OBJECTED for the purposes of discussion. Ms. Cunningham explained that Amendment #5 would accomplish the needed changes to address technical and drafting concerns and would clarify the condition of parole for the conviction of those crimes. Representative Hawker WITHDREW his OBJECTION. There being NO further OBJECTION, Amendment #5 was adopted. 2:37:52 PM Co-Chair Meyer pointed out that the largest wholesaler in the State of Alaska supports the bill. He applauded that costs had been reduced. Representative Kelly asked if there would be any liability to a vendor if they had not checked the ID and then something 'bad' occurred. Representative Crawford stated it was not the intent of the legislation to place liability on a vendor. The responsibility rests on the offender. Representative Hawker applauded the amount of work done on the bill, but maintained his reservations on the kind of policy being proposed. 2:41:46 PM Representative Crawford acknowledged that there had been much deliberation on that concern and that the mark would remain during the time the person was on orders from the Court. He stated the merits keeping people with a drinking problem during the specified time of their probation. He stressed the number of people harmed and/or killed and the amount of expense to the State. Representative Hawker worried about protection issues and thought the legislation would predominately be enforced on young people; seniors are rarely carded. Representative Crawford acknowledged that not every establishment would check ID's. 2:46:20 PM Representative Foster MOVED to REPORT CS HB 190 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. CS HB 190 (FIN) was reported out of Committee with a "no recommendation" and with zero note #2 by the Department of Administration and indeterminate note #3 by the Department of Administration. 2:47:04 PM