Sponsor Statement for HB 388

"An Act relating to the right to refuse to sell, give, or serve an alcoholic beverage."

Alaska is poisoning pre-born children with alcohol at the highest rate in the nation. Pre natal alcohol poisoning is the leading cause of mental retardation in our country. Children with full-blown Fetal Alcohol Syndrome have a reduced stature, smaller brains, IQs below 80, facial disfiguration and a series of health problems. In a lifetime the State of Alaska spends over a million dollars on each of these children. In one case within the sponsor’s district, the state has spent a million dollars on health care in just the first year of the child’s life.

For children with the less severe Alcohol Related Neurological Defects (ARND), where the effects are not physically visible, the children have permanent mental dysfunction that leave them with reasoning deficiencies and a limited capacity to identify with others; this is almost the exact definition of a sociopath. Invariably, this can result in relational problems that occur throughout their lives. Experts now believe that more than half of our prison population has ARND related problems.

The impact for the families of these children is profound because of the disproportionate amount of attention and care that these children require.

There are communities in our state where the experts believe that up to half of the entering kindergarten/grade one children have permanent alcohol related mental retardation. The school systems spend an immense amount of resources on these innocent victims.

As a state, we continue to struggle with this unfolding tragedy and to find ways to prevent further damage to our kids. We are increasing our efforts at education and early intervention with women who are highly likely to drink while they pregnant. We have women in our state who have produced eight FAS/ARND children and one of the leading advocates involved in the FAS/ARND issue is a woman who has produced three of these children.

The liquor industry has been concerned about the prenatal poisoning of pre born children, both from a liability perspective and because of the irreversible damage to the children. Many bar owners make a practice of refusing to serve a pregnant woman but they believe they are on uncertain ground because the Alaska statues allow for refusal of service only on the basis of the potential of the person being a danger to themselves or to others. The industry has asked us to insert wording into the statues to protect them from legal actions that might result from the refusal to serve. This bill accomplishes that and strengthens the industry's ability to protect unborn children.