Legislature(2009 - 2010)CAPITOL 120

03/01/2010 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HJR 42 CONST. AM: TRANSPORTATION FUND TELECONFERENCED
Moved CSHJR 42(JUD) Out of Committee
+= HB 283 PURCHASE/CONSUMPTION OF ALCOHOL TELECONFERENCED
Moved CSHB 283(JUD) Out of Committee
+= HB 316 POST-CONVICTION DNA TESTING; EVIDENCE TELECONFERENCED
Moved CSHB 316(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
            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.                                                                           
                                                                                                                                

Document Name Date/Time Subjects
HB283 Proposed CS v. S.pdf HJUD 3/1/2010 1:00:00 PM
HB 283
HJR42 Proposed amendment S.1.pdf HJUD 3/1/2010 1:00:00 PM
HJR42 Proposed amendment S.3.pdf HJUD 3/1/2010 1:00:00 PM
HB316 Amendment pkt for 3.1.10.pdf HJUD 3/1/2010 1:00:00 PM
HB 316