SB 194-CIVIL DAMAGES FOR ALCOHOL VIOLATIONS  1:52:48 PM CHAIR FRENCH announced the consideration of SB 194. [CSSB 194(STA) was before the committee.] SENATOR KEVIN MEYER, Alaska State Legislature, sponsor of SB 194, said the bill amends current statue pertaining to alcohol violations in three ways. First, the civil penalty for a minor who tries to buy alcohol using a fake ID is increased from $1,000 to $1,500. Second, the civil penalty for an adult who tries to buy alcohol for a minor is similarly increased. Third, an educational component is added that may require a minor to pay for and enroll in a juvenile alcohol safety action program if available. SENATOR MEYER said he first became involved in this issue in 1997 as an Anchorage assembly member. Licensees were frustrated when nothing resulted after they caught and turned in kids who were trying to buy alcohol using fake IDs. Because licensees could be fined or lose their liquor license for serving minors, they wanted something in place to deter kids from trying to get alcohol. The program was so successful in Anchorage that the Legislature passed it into state law in 2001. Now the licensees would like the civil penalty to be increased to $1,500. 1:56:32 PM SENATOR MEYER described SB 194 as a win-win situation. It helps legislators know that minors don't have access to alcohol and it assists responsible licensees to be proactive in helping to enforce these laws. SENATOR MCGUIRE asked if the civil action is brought against the parent. SENATOR MEYER offered his understanding that the suit is against the minor; in most instances the kids that are using fake IDs are over age 18. SENATOR MCGUIRE asked how many cases are filed and if they are burdening the courts. SENATOR MEYER related that Brown Jug reported it pursues 3-4 cases per week. Smaller establishments rely on CHARR, Alaska Cabaret, Hotel, Restaurant and Retailers Association, to take action on their behalf. He doesn't know the effect it has on the courts. SENATOR MCGUIRE asked if he considered expanding the bill to include civil action against a person that is violating a court order prohibiting them from purchasing alcohol. 1:59:18 PM SENATOR MEYER agreed that would work as a deterrent. SENATOR MCGUIRE commented that the court is currently trying to deal with habitual re-offenders. SENATOR WIELECHOWSKI stated support for the idea; it's a problem in his community. He asked if Section 1 and Section 2 each provide a separate $1,500 penalty. 2:00:34 PM CHRISTINE MARASIGAN, Staff to Senator Meyer, replied they are two separate penalties. One penalty deals with a minor on a licensed premises or trying to obtain access to a licensed premises. The second penalty deals with someone age 18 and over or an emancipated minor who is trying to purchase alcohol for somebody who is not allowed to have access to alcohol. SENATOR WIELECHOWSKI reviewed Section 1 and posed a hypothetical situation. He asked if the liquor store would file for and receive the civil damages. SENATOR MEYER explained that each establishment does it differently, but often the licensee gives the money to the employee as an incentive. 2:02:14 PM SENATOR WIELECHOWSKI asked how many cases have been brought under both sections. CHAIR FRENCH recalled good testimony in state affairs from O.C. Madden with Brown Jug about the number of cases they've brought. He noted that Mr. Madden had intended to testify. He pointed out that Section 1, AS 04.16.049(e) is about access of persons under age 21 to licensed premises. AS 04.16.065 is about someone over age 21 who tries to buy for someone under age 21. CHAIR FRENCH asked for information about the juvenile alcohol safety action program envisioned in Section 4. 2:03:41 PM MS. MARASIGAN explained that in FY09 $200,000 was available for the Division of Behavioral Health, Alaska Department of Health and Social Services (DHSS), to offer programs in MatSu, Homer, Kotzebue, Fairbanks, Juneau, Kenai, Kodiak, Ketchikan, Dillingham, Seward, and Anchorage. The committee substitute (CS), makes the program voluntary and is written so it could include other alcohol education or treatment programs. 2:06:02 PM SENATOR COGHILL joined the committee. CHAIR FRENCH noted the memo from legislative legal services regarding statutory references that require correction. He said he will re-calendar the bill when Mr. Madden is available to testify. CHAIR FRENCH held SB 194 in committee.