Alaska State Legislature

News From The House Majority

Ken Freeman, Press Secretary
State Capitol
Juneau, AK 99801
phone: (907) 465-3804
web site: http://www.akrepublicans.org
Actuality line: 1-800-478-6540

Legislature Makes Bootleggers/Drug Dealers

Liable For Selling Their Products

For Immediate Release: March 25, 1997 Contact: Rep. Ivan Ivan (907) 465-4942

JUNEAU - Legislation to make bootleggers and drug dealers responsible for the sale of illegally produced alcohol and controlled substances passed the Alaska State Senate Tuesday upon a reconsideration vote of 18-0. HB 22 passed the House of Representatives February 25.

HB 22, introduced by Representative Ivan Ivan, holds bootleggers and drug dealers liable for actions taken by persons who commit property damage or personal injury while under the influence of alcohol or drugs purchased from the bootlegger or dealer.

"I introduced this legislation because current law seemingly exempts those who sell liquor without a license (bootleggers) from any civil liability for the damages that may be caused by their illegal acts," said Ivan.

During deliberations before the House Judiciary Committee, language was added that addressed civil liability of a person who sells or barters a controlled substance as defined under AS 11.71.900.

Ivan said the intent of this legislation is to apply strict liability to a bootlegger or drug dealer for any actions taken by a buyer of illegal alcohol or drugs that may result in civil damages to another person, the state or political subdivsion of the state.

"The cost of criminally prosecuting the buyer for any criminal acts while under the influence of the illegally purchased alcohol or drugs may also be sought from the bootleggers or drug dealer," said Ivan.

"It is also the intent of the legislation that an injured party can not only be an individual but also the state or political subdivision of the state. Civil damages includes personal injury, death or injury to property," said Ivan.

"Communities across the state have been frustrated for years over the illegal sale of alcohol and drugs but have had no mechanism to deal with them," said Ivan. "This bill gives them the tools to pass that responsibility along to bootleggers and drug dealers and make them pay for the crimes and suffering that the individual families and communities have faced.

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