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Sponsor Statement for CCS HB 330
Providing Alcohol to Persons Under 21

An Act relating to providing alcoholic beverages to a person under 21 years of age.

The House Judiciary Committee was requested to introduce this bill by Mothers Against Drunk Driving. House Bill 330 creates tougher penalties for adults who furnish alcohol to minors, who then go on to negligently cause serious injury or death.

On July 9, 2001, Anchorage Police Officer Justin Wollam, and three others were killed when driver Robert Esper crossed the median of the Glenn Highway, and collided head-on with Officer Wollam's patrol car during the early hours of the morning. Esper was suspected of driving while intoxicated.

It was later discovered that Robert Esper, age 19, had a blood alcohol level of .091. The legal limit, at the time of the accident, was .10 BAC, but has since been lowered to .08 BAC. In investigating the events leading up to the tragic and deadly accident, police discovered that Esper, and his underage friends, had been drinking at a party where alcohol was provided by two adults, Ronald Frank and Michael Hunter.

Frank and Hunter were arrested and charged with multiple counts of contributing to the delinquency of a minor, and furnishing alcohol to a minor. Both are class A misdemeanors subject to imprisonment of not more than one year, and a fine of no more than $5000. Frank pled to two counts of furnishing, and Hunter pled to one count of furnishing. On February 20, Frank was sentenced to two years in jail (the maximum), and Hunter received 240 days in jail.

HB 330 increases the penalty, for an adult who furnishes a minor alcohol, to a class C felony, if the minor negligently causes death or serious physical injury while operating motorized equipment, firearms, or watercraft under the influence of the alcohol that was furnished by the adult. A class C felony carries a sentence of not more than five years, and a fine of no more than $50,000.

It is important that those individuals like Ronald Frank and Michael Hunter, who purchase alcohol for minors, be appropriately punished when those minors go on to hurt or kill someone while under the influence of alcohol. HB 330 creates those appropriate penalties and is intended to further dissuade adults from supplying alcohol to minors.

In addition, the Senate Rules committee added brewpub licensing provisions to HB 330. Currently, state law limits the amount of beer to 75,000 gallons, regardless of consumer demand. For a successful, growing enterprise, this amount is not sufficient. As establishments enjoy success and foster growth in their communities, this production cap is limiting their operation. HB 330 therefore increases the amount of beer a brewpub can sell in-house to 150,000 gallons. Sales made to wholesalers may not exceed 15,000 gallons, or the amount sold in 2001, plus ten percent.

The committee urges your support of this bill.

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