HB 283 - PURCHASE/CONSUMPTION OF ALCOHOL  1:16:21 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 283, "An Act relating to the purchasing of and restrictions concerning alcoholic beverages." 1:16:50 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee substitute (CS) for HB 283, Version 26-LS1218\S, Luckhaupt, 2/24/10, as the work draft. REPRESENTATIVE GRUENBERG objected to ask whether the only change between the original version and Version S is the deletion of the phrase, "up to the lifetime of the defendant" from proposed AS 12.55.015(a)(13). 1:17:29 PM REPRESENTATIVE HARRY CRAWFORD, Alaska State Legislature, sponsor, said no, and explained that additionally, Version S no longer proposes a change to AS 04.16.047(b) - which addresses the civil fine - but does now propose changes to AS 04.21.050, [adding a new subsection (d) that states a driver's license or identification (ID) card issued when the person was under 21 years of age, regardless of the person's current age, is not acceptable as proof of the person's age for purposes of purchasing alcohol or as proof that the person is not restricted from purchasing alcohol], and providing a conforming change to subsection (b) - which allows licensees to refuse to accept anything but a valid driver's license or state ID card unless the person furnishes proof that he/she is not an Alaska resident. REPRESENTATIVE HERRON suggested amending proposed AS 04.21.050(b) such that the word, "state" would be added to page 2, line 14, after the word, "valid"; the language would then in part read, "valid state identification card". He noted that that phrase is already used elsewhere in subsection (b). REPRESENTATIVE CRAWFORD, in response to questions about proposed AS 04.21.050(d), offered his understanding that it is intended to work with previously-passed legislation that a makes a person's driver's license expire when he/she reaches the age of 21 thus requiring him/her to take a test regarding alcohol and drug awareness and safety before he/she gets a new one. REPRESENTATIVE GRUENBERG expressed satisfaction with [that provision]. CHAIR RAMRAS asked what could be done to notify licensees and their employees and agents about the change encompassed in proposed AS 04.21.050(d), which addresses those who continue to use a minor's driver's license or ID card to purchase alcohol. 1:26:42 PM SHIRLEY GIFFORD, Director, Alcoholic Beverage Control Board ("ABC Board"), Department of Public Safety (DPS), expressed favor with statutory efforts to curb alcohol abuse, driving while under the influence, and the serving of underage persons, but acknowledged that more could be done to notify the public about the use and updating of [driver's licenses and state ID cards]. She noted that even under existing 04.21.050(b), licensees and their employees and agents have the authority to not accept certain forms of ID. She suggested that perhaps the Cabaret Hotel Restaurant & Retailer's Association (CHARR) could assist with education efforts [regarding the proposed and recent statutory changes pertaining to driver's licenses and state ID cards], and acknowledged that perhaps the ABC Board could assist with those education efforts as well since it contacts licensees on a daily basis. CHAIR RAMRAS suggested that the techniques in alcohol management (TAM) courses could perhaps be used to help educate licensees and their employees and agents about this issue. Characterizing HB 283 as a good piece of legislation, he indicated that the legislature could use the assistance of the ABC Board with regard to education and enforcement efforts. MS. GIFFORD agreed to provide that assistance. REPRESENTATIVE GRUENBERG surmised that there were no further changes incorporated into Version S. REPRESENTATIVE HERRON referred to the word, "substantially" as used on page 4, line 8 - proposed AS 12.55.015(a)(13)(A) - and asked whether it's necessary to include that word. REPRESENTATIVE CRAWFORD indicated that using the phrase "substantially influenced by the consumption of alcohol" is necessary because statutes don't currently define what an alcohol-related offense is. Using the phrase, "substantially influenced" provides some weight, and judges would have the discretion to determine whether this provision could apply in a particular case. For example, in a case involving domestic violence (DV), if the perpetrator had had just one drink before assaulting his/her [spouse/partner], alcohol probably didn't substantially contribute to the DV crime, but if the perpetrator was drunk when he/she committed the DV crime and that was really the cause of the DV behavior, then this provision could apply and the judge would have the discretion to order the perpetrator to refrain from consuming alcoholic beverages for a period of time. 1:33:23 PM REPRESENTATIVE HERRON [although the objection to adopting Version S as the work draft had not yet been withdrawn] made a motion to adopt Conceptual Amendment 1, to add the word, "state" to page 2, line 14, after the word, "valid", and elsewhere that [the drafter] deems appropriate. REPRESENTATIVE GRUENBERG surmised that under Conceptual Amendment 1, the word, "state" would also be added to page 2, line 18, before the words, "identification card", and to page 2, line 26, such that the phrase, "an identification card" would be changed to the phrase, "a state identification card". CHAIR RAMRAS, after ascertaining that there were no objections, announced that Conceptual Amendment 1 was adopted. REPRESENTATIVE GRUENBERG then removed his objection to the adoption of Version S [as now amended] as the work draft. There being no further objection, Version S, as amended, was before the committee. 1:35:15 PM REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB 283, Version 26-LS1218\S, Luckhaupt, 2/24/10, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 283(JUD) was reported from the House Judiciary Standing Committee.