HB 430 - EMPLOYEES UNDER 21 AT LICENSED PREMISES [Contains discussion of HB 367] Number 0837 CHAIR McGUIRE announced that the next order of business would be HOUSE BILL NO. 430, "An Act relating to employees under 21 years of age in the premises of hotels, restaurants, and eating places that are licensed to sell, serve, deliver, or dispense alcoholic beverages." Number 0848 REPRESENTATIVE BETH KERTTULA, Alaska State Legislature, sponsor, acknowledged her staff, Aurora Hauke, for doing the majority of work on the bill. Representative Kerttula explained that a constituent had wanted to hire an 18-year-old who was a foster child but technically was out of foster care because he was considered an adult under that system; current law, however, requires a parent's signature. Thus HB 430 solves a small problem for 18-year-olds who want to work in a hotel or restaurant where alcohol is served, although, of course, such a person cannot serve, touch, or sell the alcohol. Representative Kerttula noted that the same situation occurs for 18-year-olds who travel to Alaska. She reported that the Alcoholic Beverage Control Board ("ABC Board") supports the legislation and that Mothers Against Drunk Driving (MADD) has no opposition. REPRESENTATIVE GARA remarked that he thinks the bill is fine, but raises the question of whether 16- or 17-year-olds, if [HB 367, which he and Chair McGuire sponsored] doesn't pass, would be allowed to work at The [Great Alaskan] Bush Company, for example, if it serves fries. He suggested perhaps it's incumbent on [him and Chair McGuire] to deal with it in the other bill. REPRESENTATIVE KERTTULA deferred to Ms. Hauke. Number 1004 AURORA HAUKE, Staff to Representative Beth Kerttula, Alaska State Legislature, sponsor, voiced her belief that this would only apply to places that have "a certain type of license to sell alcohol, which involves that most of the business does not come from the alcohol." She said she couldn't remember the exact name of the license, but it's a different category. AN UNIDENTIFIED MEMBER mentioned "restaurant." REPRESENTATIVE KERTTULA said she believes that's right. Furthermore, 16- and 17-year-olds still have to get permission. This just covers 18-year-olds; they've reached the age of majority but still need the signature currently, although that might be impossible for someone from out of state or who has been a foster child. She pointed out that 19-year-olds already can do it on their own. CHAIR McGUIRE asked Representative Kerttula whether she'd looked at a "bypass" through the Department of Labor [& Workforce Development (DLWD)] because of the foster-child status, rather than lowering the age limit. REPRESENTATIVE KERTTULA said her office had worked on this a couple of years with DLWD and the ABC Board; because of the "morass of statutes that are quite circular," it was decided that a statutory change was needed. She added, "They wanted to do it; if they could've, they would've." REPRESENTATIVE SAMUELS recalled that when a smoking ordinance passed in Anchorage, distinctions were made via the licensing mechanism. Much of the difference between a particular bar that sells food and a particular restaurant that sells alcohol, although very similar, was based on the age of those who could bus tables. Thus there'd been a lot of contention. He suggested this bill probably wouldn't impact that situation, but said it certainly comes to mind. REPRESENTATIVE KERTTULA agreed it probably wouldn't, because 18- year-olds can work in both sets of establishments now with parental permission; all this bill does is remove that one requirement [of permission]. She offered to check it out, however, and provide that information. REPRESENTATIVE SAMUELS said he'd like to know later and didn't want to hold the bill up. He mentioned a deal on the assembly and that it was an odd choice. He recalled a line being drawn at age 21, but said he didn't know the details. REPRESENTATIVE KERTTULA pointed out that someone must be 21 years old in order to serve alcohol or sell it, which might have been the distinguishing factor. CHAIR McGUIRE asked whether anyone else wished to testify. REPRESENTATIVE KERTTULA noted that the ABC Board was unavailable to testify but supported the legislation. Number 1245 REPRESENTATIVE GRUENBERG moved [to report HB 430 out of committee with individual recommendations and the accompanying zero fiscal note]. There being no objection, HB 430 was reported from the House Judiciary Standing Committee.