Panel endorses mandatory server training
The Law and Justice Interim Committee has unanimously agreed to deliver to the 2011 Legislature an altered server-training bill that would require mandatory training, but allow the private sector to continue operating the educational programs without state management.
The proposed bill, approved by the committee at its Sept. 10 meeting in Helena, has drawn interest from the hospitality business community, and from social reform activists.
Though everyone who testified at the hearing spoke in favor of the new bill draft, several expressed disappointment that some of the initial requirements, primarily the plan to have the Department of Revenue oversee and approve the training, was stripped from the bill draft.
Another change in the server-training bill changes the recertification requirement to every five years, not every year as called for in the original draft. And a “training-certification fee” to be paid to the Department to cover administration costs has been removed.
“I believe this bill was looked at quite closely in the last meeting,” said Sen. Carol Juneau, who sponsored the original draft. “I think there (are) some major revisions in it.”
But she called for approval of latest version, none the less.
“One of the things … important to this committee when looking at DUI issues is prevention,” she said. “Good, adequate training as to what the laws are is important and could be looked at as one of our prevention bills.”
Calling the bill “real minimal,” Juneau said passage would still “set good policy for the state and be a good prevention tool.”
During the public comment portion of the meeting, Allie Bovington, of the Montana Department of Justice, said the Highway Patrol supports the bill draft.
“This is an issue that has been on the Highway Patrol's radar,” she said, especially since Trooper Michael Haynes was killed in a head-on collision in the Flathead a few years ago. The person driving the vehicle that struck Trooper Haynes had been drinking at a local bar, where, she said, “he had been served excessive amounts of alcohol in a pretty short period of time.”
Bovington said it is one of the first cases in Montana history where both the bar owner and the server are being held criminally liable for their conduct.
“So the concept of mandatory alcohol server and sales training is something that the Highway Patrol supports and would like to see in place,” she said. “I don't think that the draft before the committee is maybe as strong as they would like see it, but I agree with Sen. Juneau in that it's a place to start.”
Rebecca Sturdevant, Mothers Against Drunk Drivers, also spoke in favor of the bill draft.
“This is really important,” she said, though she echoed concerns “that the bill has been watered down and is not as effective as it could be.”
“It's a step,” she said.
Mark Staples, government affairs counsel for the Montana Tavern Association, said, “We support the concept of required server training.”
However, he said, with another state deficit looming, the proposal in its initial form would have had difficulty passing the Legislature because of the expense involved. The original draft proposal estimated an initial cost of $250,000 and ongoing annual costs of $200,000.
Staples also said the “broad nature” of the original bill needed to be focused into a tight program “that everybody can participate in and build upon.”
Staples emphasized that because the training programs in existence now – whether county, state or private – are all certified, the amended bill draft would still have teeth to it.
“We do not oppose mandatory server training,” he said. “We just want it effective, efficient and to help with the problem with DUI, other than just adding another thing that doesn't work.”
Elizabeth Larson, a high school organization called Reality Check, spoke in favor of the bill, although she said that recertification every two years is better than every five years.
Young people know under-age drinking is wrong, Larson added, but many don't care. Only stiffer laws will get their attention, she said.
“It's important to think about the message you're sending to Montana and the youth,” Larson said. “When laws start to change and we have to think about the consequences, I think that's when you're going to see a change in behavior.”
Just prior to voting for approval of the modified bill, several lawmakers voiced their support.
“This is a real compromise,” said Sen. Larry Jent. “The bill is a good step forward.”
Rep. Mike Menahan said, “It's been my experience that the licensees, typically the bar owners, favor of this kind of training.”
The approved bill draft mandates that all sellers and servers of alcohol be trained within 60 days of hire and every five years thereafter. In addition, each licensee must maintain employment records verifying employee completion of the training. Thirdly, the licensee must post signs on the premises informing customers of the licensee's policy against selling or serving alcoholic beverages to any person less than 21 years of age and to any person who is intoxicated.
A $50 fine would be levied for each employee who either did not successfully complete the required training or whose training certificate in not current during a routine compliance check.
The Law and Justice Interim Committee, comprised of members of both legislative chambers, also passed several other legislative proposals to curb youth drinking and to reduce driving under the influence offenses.
Those measures seek to:
• Allow the driver's license of youthful drug or alcohol offenders to be taken away;
• Allow game wardens to issue drug or alcohol citations to youth;
• Create a new position for an on-call judge to act on search warrants for blood alcohol tests;
• Create misdemeanor crime of aggravated DUI.