Legislature(1993 - 1994)

1994-02-04 Senate Journal

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1994-02-04                     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