HB 98-ALCOHOL: MINOR CONSUMING/LOCAL OPTION  1:33:28 PM CHAIR FRENCH announced the consideration of HB 98. [CSHB 98(FIN) AM was before the committee.] JANE PIERSON, Staff to Representative Jay Ramras, Alaska State Legislature, said HB 98 removes awkward and confusing language in the minor consuming law that resulted when the statute was last amended [in 2008]. HB 98 references both the suspended imposition of sentence under AS 04.16.050(b)(1) and the judgment of conviction under AS 04.16.050(b)(2). Therefore, no matter how a person is convicted of minor consuming, he or she can be charged with repeat minor consuming. The bill was amended in House Finance at the request of the Department of Law to fix an issue related to bootlegging. The new language will bring bootlegging penalties in line with felony DUI penalties as originally intended. 1:36:42 PM CHAIR FRENCH asked for an explanation of the applicability section on page 4. MS. PIERSON explained that it refers to the changes the bill makes to previous convictions under AS 04.16.200(h). CHAIR FRENCH summarized that the language operates prospectively and retrospectively and eliminates the possibility of misreading the number of times a person has been convicted. Without the applicability section someone could argue that they were convicted under AS 04.16.200(h) and so they only go to jail for 240 days if they'd been previously convicted two times. However, the reality is that they would go to jail for 240 days if they'd been previously convicted once. MS. PIERSON agreed. 1:39:49 PM CHAIR FRENCH asked if the new language in Section 1 was added as clarification. MS. PIERSON said yes. CHAIR FRENCH asked what problem Section 2 addresses. MS. PIERSON explained that the new language reflects that a person may be granted a suspended imposition of sentence under AS 04.16.050(b)(1) and never placed on probation. CHAIR FRENCH asked if that's been a problem in court with repeat minor in possession offenders. MS. PIERSON said yes. CHAIR FRENCH noted that Section 3 also eliminates the problematic "placed on probation" language. MS. PIERSON agreed. CHAIR FRENCH, finding no further questions and no public testimony, closed public testimony and held HB 98 in committee.