Mandatory server-training bill moves on
By Paul Tash, Montana Tavern Times
With strong support from business, law enforcement, state agencies and local communities, the proposal to create a mandatory statewide training program for servers and sellers of alcohol has unanimously passed the House Business and Labor Committee, 21-0.
The bill now goes to the full House for debate. It narrowly passed the Senate in February.
Senate Bill 29, sponsored by Sen. Lynda Moss, D-Billings, requires that all sellers and servers of alcohol be trained within 60 days of hire and every three years thereafter. The proposal accepts all approved training programs, including the Department of Revenue program, TIPS, TAMS, SERV-SAFE, and even approved in-house programs.
Also under the proposal, which would take effect Oct. 1, a licensee found as a result of a routine check to be out of compliance with the server training law will pay a fine.
Recent amendments to the legislation include one to further clarify that SB29 does not apply to volunteers or community events.
During its most recent hearing March 11 before the House Business and Labor Committee, the proposal received near unanimous support from those testifying.
“I just want to let you know that I worked very closely with many of the businesses that are impacted by this bill,” Sen. Moss told the committee. “I've been very pleased with their willingness to step forward and be part of our state's effort to address DUI. They've stepped forward to be part of the solution.”
She later praised the “partnership” that has come together for the bill, including the Department of Labor, the Department of Revenue, state convenience stores, restaurants, and taverns.
Sen. Moss provided some sobering facts about underage alcohol consumption.
She said 50 percent of offenders in the WATCH treatment program for adult felony DUI (Driving Under the Influence) offenders had their first DUI or blood alcohol violation before age 21. Sen. Moss also said 45 percent of high school seniors have experienced binge drinking.
SB29 could help address those problems, she said.
She also said the Law and Justice Interim Committee, in requesting the bill last fall, decided mandatory server training “is one of the strategies that we can employ” to combat underage serving and over-serving. That committee unanimously approved the proposal in October.
Montana Tavern Association counsel Mark Staples and Gaming Industry Association Executive Director Neil Peterson testified that their members support the proposed statewide system because it would provide “one standard” for all jurisdictions in the state, thus avoiding a hodge-podge of rules that would result if each community developed its own mandatory training program. Some Montana communities have already developed a program or are considering creating one.
One proponent for the legislation, Tawny Haynes, related a tragic story that many Montanans are familiar with – the death of her husband, Montana Highway Patrol Trooper Mike Haynes, who was killed two years ago in a head-on collision with a drunk driver near Kalispell.
She said the driver of the vehicle that crashed into her husband had been served 13 drinks in three hours. Servers “should know the responsibility that comes with serving alcohol,” she said.
“This bill is so very important because it's about prevention,” Haynes said. “There isn't a single reason why this legislation shouldn't be passed.”
Also supporting the bill was Col. Mike Tooley, chief of the Montana Highway Patrol. He said, “This is not a bill to punish industry. I see it as a bill to back up industry.”
“It's really important that the server is trained,” he said. “The vast majority of industry in this state does it right. They want to make sure that others do.”
Staples told the committee that although “a sincere effort” has been made already by alcohol-serving businesses that have voluntarily “trained thousands,” the proposed program would definitely increase the number trained.
“Let's get everybody trained to hopefully avoid some of these situations that are just such an aberration that they not only tear apart innocent families and cause heartbreak for life but cast an unfair aspersion on the whole industry because of the bad behavior of a few.”
Staples agreed with Col. Tooley that vast majority of alcohol-serving businesses “do it right and want to do it right.”
Tavern owners have gone through “great pains,” Staples said, to stop underage drinking, including such options as using ID swipers, installing cameras, and providing rewards for servers passing compliance checks. The proposed training program, he said, would complement those efforts.
Jim Smith, Montana Sheriffs and Peace Officers organization, said he worked with Sen. Moss for the last 18 months on the bill.
“It's a good, credible package that will help,” he said.
Don Judge, representing the Montana Nurses Association, testified that the MNA supports the proposed training program because “prevention is the best care.”
Servers who are 18 years old “can't even drink themselves,” he said, adding that they need to learn “to do their jobs” responsibly.
Darby Morigea, a server trainer in Lake County, said her training is “very, very popular.”
“Most people (in training) are very appreciative,” she said. “We all need education in our jobs. It's getting those servers some education (so they can) do their jobs better.”
Another server trainer and former bar tender, Ilie McGowan, said the proposed program would provide alcohol-serving guidelines for bartenders, thus limiting their liability.