Legislature(1993 - 1994)
1994-02-04 Senate Journal
Full Journal pdf1994-02-04 Senate Journal Page 2687 SB 279 SENATE BILL NO. 279 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. Fiscal note from Department of Public Safety and zero fiscal notes from Department of Administration (2) and Department of Law published today. Governor's transmittal letter dated February 4: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft. 1994-02-04 Senate Journal Page 2688 SB 279 Sections 5, 7, 12, and 13 of the bill contain the main objective of the bill. Those sections contain provisions relating to implied consent for, and administration of, chemical tests to detect the presence of drugs in drivers of motor vehicles or commercial vehicles that are involved in accidents that cause death or serious physical injury to another person. The use of drugs by motor vehicle drivers, both alone and in combination with alcohol, is a major traffic safety concern. The apprehension and successful prosecution of the drug-impaired driver has been and remains a major concern of law enforcement. The state's implied consent law is contained in existing AS28.35.031 and, for commercial motor vehicle drivers, in AS28.33.031. These sections provide that a vehicle driver who is under arrest for driving while intoxicated is considered to have given "consent" to a chemical breath test to determine the amount of alcohol in the person's blood or breath. Existing AS28.35.032 authorizes law enforcement officers to request that an arrested driver submit to that chemical breath testing. Sections 5 and 7 of the bill amend the implied consent statutes (AS28.33.031 and AS28.35.031) to specify that a person who operates a motor vehicle or commercial motor vehicle in this state is considered to have given consent to submit to a chemical test to determine the presence of both alcohol and drugs if the person is involved in an accident that causes death or serious physical injury to another person, even if the person is not under arrest. A specific definition for "serious physical injury" is provided in sec. 16 of the bill. Driving is a privilege granted by the state that can be conditioned upon consent to reasonable terms, such as consent to the chemical tests enumerated in AS28.33.031 and AS28.35.031 as amended by the bill. Under existing AS28.35.032(a), a person can refuse to submit to a chemical breath test; existing AS28.35.032(f) makes the refusal a misdemeanor offense. Section 8 of the bill amends AS28.35.032(a) to add references to the chemical tests provided for in secs. 5 and 1994-02-04 Senate Journal Page 2689 SB 279 7 of the bill; sec. 10 of the bill amends AS28.35.032(f) in the same way. Several "housekeeping" amendments to AS28.35.032(a) are also made by sec. 8 of the bill. Under AS28.35.032(a) and 28.35.035, if a person has been notified of the penalties that will result from refusal to submit to a chemical breath test, and the person then refuses to submit, the test may not be given unless the person has been arrested and the arrest resulted from an accident that causes death or physical injury to another person. This bill does not change those provisions other than to add references to the additional chemical tests provided for in secs. 5 and 7 of the bill. See secs. 8, 12, and 13 of the bill. Sections 1 - 4, 9, 11, and 14 of the bill make additional conforming amendments to statutes in AS28 to refer to the chemical tests provided for in secs. 5 and 7 of the bill. The amendment to AS28.33.190 in sec. 6 of the bill is generally to provide a definition for "controlled substance" in AS28.33. That term is used in AS 28.33.031(a) as that statute is amended by sec. 5 of the bill. Additionally, the amendment to AS28.33.190 will provide other needed definitions for AS28.33.010 - 28.33.031. The existing language of AS28.33.190 unnecessarily excludes those sections. The amendments made by secs. 15 and 17 of the bill are to provide a definition of "controlled substance" for AS28.35.029- 28.35.039. The existing definition, which is specific to only AS28.35.030, is repealed and is replaced by the same definition located in a general definition section for AS28.35.029- 28.35.039. In my State of the State address on January 12, 1993, I identified "alcoholism, along with the abuse of other drugs," as "Alaska's number one health problem." I reiterated my commitment to dealing with this issue in my State of the State address this year, as well. This proposed legislation gives police and prosecutors the tools they need to combat the significant highway safety problem presented by those drivers who use drugs and then cause fatal or serious injury accidents. 1994-02-04 Senate Journal Page 2690 SB 279 I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor