Bill Summary for Bill Number HB06-1144

Date: 02/03/2006

Final
BILL SUMMARY for HB06-1144

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View-->	Action Taken:
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01:05 PM -- House Bill 06-1144

Representative May, prime sponsor, stated that he has returned to discuss House Bill 06-1144. He distributed a strike below amendment L.005 (Attachment C), and explained that currently, the law allows for the suspension of an employer's liquor license if an employee sells alcohol to a minor. The strike below would make it so that if employers follow all the rules, train their employees in accordance with the law, and have no previous violations, they would not have their liquor license suspended because an employee sold alcohol to a minor.

01:06 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in opposition to the bill. However, she stated that the Sheriff's would reluctantly accept the amendment.

01:08 PM -- Kevin Bommer, representing the Colorado Municipal League (CML), testified on the proposed strike below amendment and withdrew CML's previous opposition. He briefly explained under what circumstances the holder of a liquor license should be held responsible for selling alcohol to a minor. Mr. Bommer was asked for clarification about the mitigating factors of certain training programs and the weight that it gives. Mr. Bommer stated that it depends because all situations are different.

01:19 PM -- Kelly Dunnaway, Douglas County Deputy Attorney representing the Douglas County Commissioners and the Douglas County Sheriff's Office, testified in opposition to the bill. He stated the law does not need to be fixed, it is working fine. Mr. Dunnaway explained that only one licensee has ever been a repeat offender, and that the usual suspension is 15 days, however, only 3 are imposed and the remaining 12 are held for a year and if there is no other offense they go away. He talked about how the suspension is imposed and what must be proved to impose it. Mr. Dunnaway talked about how under the bill, if an employer offers the training to his employee, then they are getting a leg up and the case is harder to prosecute. Representative May responded to Mr. Dunnaway's testimony stating that the bill does not address the person who sold the alcohol to the minor, only the business, even though they have trained their employees and done all that they can to avoid having alcohol sold to a minor. Mr. Dunnaway responded to committee questions. There was committee discussion about placing the penalties solely on the employee and not the business.

01:37 AM

Due to time restraints, the Chairman decided to pull the bill off the table and continue the hearing on Monday, February 6 at 1:30 PM.