CSHB 14(JUD)-RESTRICT ACCESS TO ALCOHOL  2:07:17 PM CHAIR ELLIS announced CSHB 14(JUD) to be up for consideration. HEATHER BEATY, staff to Representative Harry Crawford, sponsor of HB 14, said this bill was introduced in an effort to find a new approach to reducing the number of drunk driving injuries and fatalities in Alaska. The way it would work is that when a judge or parole board issues an order that a convicted drunk driver not consume alcohol, a mark would be placed on that person's driver's license or state I.D. card. This mark would let bars, liquor stores and clubs know that that person is prohibited from consuming alcohol. If the person attempts to purchase alcohol, he faces a $1,000 penalty that would be collected by the bar or the liquor store that catches them. The $1,000 civil penalty is modeled after the penalties for minors attempting to purchase alcohol on behalf of a minor. The legislation has received broad support including a unanimous vote of support by the House of Representatives. There are letters of support in the packet from CHARR, the Advisory Board on Alcoholism and Drug Abuse, and the Alaska Mental Health Board. 2:10:06 PM CHAIR ELLIS asked if this bill in any way interplays with one brought up by Representative Ramras about vertical and horizontal configurations of I.D.s. MS. BEATY replied that she wasn't familiar with that proposal, but Alaska licenses have a stripe with a navy blue background and under this bill, that stripe would be red for those who are court-ordered to not drink. SENATOR BUNDE asked if they were referring only to DWI folks and asked what if someone were a chronic alcohol abuser and was involved in domestic violence, would they also be required to get this license. MS. BEATY replied that expanding this bill to include everyone who was court-ordered to not drink was discussed, but the fiscal note for that was astronomical and the court already has an automatic way to communicate with the Division of Motor Vehicles (DMV) on drunk driving offenses. Adding the red stripe to drunk driving offenders is an additional check-box on a form that doesn't generate much cost. The support system is not capable at this time of communicating all of those orders to the DMV. SENATOR BUNDE asked how the court communicates a DWI to the DMV now. MS. BEATY said it sends a form to the DMV indicating there has been a conviction and this would go along with the license revocation paperwork. 2:12:54 PM ED O'NEIL, owner, Brown Jug, said he sees a lot of benefit in this legislation especially with the help of the Judicial Branch. He said there is a lot of sexual abuse in the villages and a lot of the towns are small and you know who you are dealing with. SENATOR BUNDE asked when he gets a Bush order, does it include a driver's license or another form of I.D. because everyone in the Bush does not drive. MR. O'Neil replied that it is either a state I.D. or a driver's license that has been scanned into the system now. He said 1 in 5 people between the ages of 9 and 18 are abused and this is a huge issue. SENATOR BUNDE asked if someone had a DWI red mark on their driver's license, couldn't they use a state I.D. instead. MR. O'NEIL replied that he understands that this applies to state I.D.s as well as driver's licenses. MS. BEATY agreed that this bill applies to both state I.D. cards as well as licenses. After a DWI conviction the driver's license and state I.D. would be confiscated and marked. "We've done our best to capture everyone under the bill." MR. O. C. MADDEN, Brown Jug, added that since the civil penalty law went into effect in 1998, they have intercepted 1,700 minors and taken civil action against them. He said there is no way to gauge how many lives have been saved by those efforts. It couldn't have been done without that legislation. SENATOR BUNDE said he appreciated the work they do to try to reduce alcohol abuse and he was concerned that people who are trying to escape this problem would require bars and package stores to card everyone putting businesses in a very liable position. MR. MADDEN replied that he understands there is no liability for a licensee unless they know with absolute certainty that the person has a red stripe on their license. SENATOR BUNDE wondered if the practical realities are if you don't card someone and they get served, "I'm sure there would be a lawyer knocking on your door.... And I find it very irritating to be carded at my advanced age." MR. MADDEN replied this bill doesn't create additional liability. MS. BEATY added that two memos from Legal Services address the concern of adding additional liability to an industry that already has quite a bit of criminal and civil liability. That was not the intent and both memos state that there isn't an additional liability. SENATOR BUNDE maintained his concern that a determined creative attorney would find a way to pursue liability issues. SENATOR STEVENS moved to pass CSHB 14(L&C) from committee with individual recommendations. There were no objections and it was so ordered.