Legislature(1995 - 1996)
1996-04-24 House Journal
Full Journal pdf1996-04-24 House Journal Page 3987 HB 204 The following was read the second time: HOUSE BILL NO. 204 An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to 1996-04-24 House Journal Page 3988 HB 204 chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; and relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft. with the: Journal Page TRA RPT 5DP 1NR 773 5 ZERO FNS (2-ADM, LAW, 2-DPS) 2/27/95 774 JUD RPT 6DP 1NR 954 INDETERMINATE FISCAL NOTE (COURT) 954 5 ZERO FNS (2-ADM, 2-DPS, LAW) 2/27/95 954 FIN REFERRAL ADDED 954 FIN RPT CS(FIN) NT 6DP 2904 INDETERMINATE FISCAL NOTE (COURT) 2905 5 ZERO FNS (2-ADM, 2-DPS, LAW) 2905 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 204(FIN) An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Therriault: Page 1, line 6, following watercraft; (title amendment): Insert relating to an instrument's working tolerance in a chemical breath test; Page 7, following line 4: Insert a new bill section to read: 1996-04-24 House Journal Page 3989 HB 204 * Sec. 10. AS 28.40 is amended by adding a new section to read: Sec. 28.40.060. BREATH TEST RESULT VALIDITY. If an offense described under this title requires that a chemical test of a persons' breath produce a particular result, and the chemical test is administered by a properly calibrated instrument approved by the Department of Public Safety, the result described by statute is not affected by the instrument's working tolerance. Renumber the following bill sections accordingly. Page 7, line 5, following 6: Insert and 10 Page 7, line 6, following 6: Insert and 10 Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mackie objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 204(FIN) am An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; and providing for an effective date. Amendment No. 2 was offered by Representative Porter: Page 1, line 5, following offenses; (title amendment): Insert relating to court ordered drug and alcohol screening, evaluation, referral, and programs; 1996-04-24 House Journal Page 3990 HB 204 Page 3, following line 32, insert a new bill section to read: * Sec. 5. AS 28.35.030(h) is amended to read: (h) The court shall order a person convicted under this section to satisfy the screening, evaluation, referral, and program requirements of an alcohol safety action program if such a program is available in the community where the person resides, or a private or public treatment facility approved by the Division of Alcoholism and Drug Abuse, of the Department of Health and Social Services, under AS 47.37 ªAN AGENCY AUTHORIZED BY THE COURTß to make referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person is convicted under (n) of this section, the court shall order the person to be evaluated as required by this subsection before the court imposes sentence for the offense. Renumber the following bill sections accordingly. Page 4, following line 13, insert a new bill section to read: *Sec. 6. AS. 28.35.032(1) is amended to read: (l) The court shall order a person convicted under this section to satisfy the screening, evaluation, referral, and program requirements of an alcohol safety action program if such a program is available in the community where the person resides, or a private or public treatment facility approved by the Division of Alcoholism and Drug Abuse, of the Department of Health and Social Services, under AS 47.37 ªAN AGENCY AUTHORIZED BY THE COURTß to make referrals for rehabilitative treatment or to provide rehabilitative treatment. If a person is convicted under (p) of this section, the court shall order the person to be evaluated as required by this subsection before the court imposes sentence for the offense. Renumber the following bill sections accordingly. Page 4, after line 13, insert a new bill section to read: * Sec. 6. AS 28.35.039 is amended to read: 1996-04-24 House Journal Page 3991 HB 204 Sec. 28.35.039. DEFINITIONS FOR AS 28.35.029 - 28.35.039. In AS 28.35.029 - 28.35.039, (1) controlled substance has the meaning given in AS 28.33.190; (2) alcohol safety action program means a program designated by the commissioner of health and social services as an alcohol safety action program. Renumber the following bill sections accordingly. Representative Porter moved and asked unanimous consent that Amendment No. 2 be adopted. Representative James objected. **The presence of Representative Hanley was noted. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 204(FIN) am Second Reading Amendment No. 2 YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Long, Mackie, Martin, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Williams, Willis Nays: Barnes, James, Kohring, Kott, Kubina, Masek, Moses, Ogan, Sanders, Vezey And so, Amendment No. 2 was adopted and the new title appears below: 1996-04-24 House Journal Page 3992 HB 204 CS FOR HOUSE BILL NO. 204(FIN) am An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; and providing for an effective date. Amendment No. 3 was offered by Representative Porter: Page 1, line 4, following alcohol (title amendment): Insert or refusal to submit to chemical test Representative Porter moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 3 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 204(FIN) am An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; or refusal to submit to chemical test; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; and providing for an effective date. Amendment No. 4 was offered by Representative Elton: Page 1, line 1, following "drive;" (title amendment): 1996-04-24 House Journal Page 3993 HB 204 Insert "relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood;" Page 3, following line 32: Insert a new bill section to read: "* Sec. 5. AS28.35.030(a) is amended to read: (a) A person commits the crime of driving while intoxicated if the person operates or drives a motor vehicle or operates an aircraft or a watercraft (1) while under the influence of intoxicating liquor, or any controlled substance; (2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.08 [0.10ß percent or more by weight of alcohol in the person's blood or 80 ª100ß milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.08 ª0.10ß grams or more of alcohol per 210 liters of the person's breath; or (3) while the person is under the combined influence of intoxicating liquor and a controlled substance." Renumber the following bill sections accordingly. Page 4, following line 13: Insert a new bill section to read: "* Sec. 7. AS28.35.033(a) is amended to read: (a) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating or driving a motor vehicle or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the person's blood or breath at the time alleged shall give rise to the following presumptions: (1) If there was 0.04 ª0.05ß percent or less by weight of alcohol in the person's blood, or 40 ª50ß milligrams or less of alcohol per 100 milliliters of the person's blood, or 0.04 ª0.05ß grams or less of alcohol per 210 liters of the person's breath, it shall be presumed that the person was not under the influence of intoxicating liquor. (2) If there was in excess of 0.04 ª0.05ß percent but less than 0.08 ª0.10ß percent by weight of alcohol in the person's 1996-04-24 House Journal Page 3994 HB 204 blood, or in excess of 40 ª50ß but less than 80 ª100ß milligrams of alcohol per 100 milliliters of the person's blood, or in excess of 0.04 ª0.05ß grams but less than 0.08 ª0.10ß grams of alcohol per 210 liters of the person's breath, that fact does not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor. (3) ªREPEALED (4)ß If there was 0.08 ª0.10ß percent or more by weight of alcohol in the person's blood, or 80 ª100ß milligrams or more of alcohol per 100 milliliters of the person's blood, or 0.08 ª0.10ß grams or more of alcohol per 210 liters of the person's breath, it shall be presumed that the person was under the influence of intoxicating liquor." Renumber the following bill sections accordingly. Page 7, line 5: Delete "Sections 1 - 6" Insert "Sections 1 - 8" Page 7, line 6: Delete "secs. 1 - 6" Insert "secs. 1 - 8" Page 7, line 7: Delete "Sections 7 - 9" Insert "Sections 9 - 11" Representative Elton moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Mulder objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: 1996-04-24 House Journal Page 3995 HB 204 CSHB 204(FIN) am Second Reading Amendment No. 4 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Green, Hanley, Kelly, Kohring, Kott, Long, Navarre, Nicholia, Ogan, Parnell, Robinson, Therriault, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Grussendorf, Ivan, James, Kubina, Mackie, Martin, Masek, Moses, Mulder, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Davies: Page 4, line 20, following alcohol: Insert within 24 hours Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 5 was adopted. Representative Vezey moved and asked unanimous consent that CSHB204(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 204(FIN) am was read the third time. The question being: Shall CSHB 204(FIN) am pass the House? The roll was taken with the following result: 1996-04-24 House Journal Page 3996 HB 204 CSHB 204(FIN) am Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Masek Absent: Barnes And so, CSHB 204(FIN) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Porter gave notice of reconsideration of his vote on CSHB 204(FIN) am.