Legislature(2001 - 2002)

04/18/2001 01:44 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 40                                                                                                             
                                                                                                                                
     "An  Act   providing  for  the  revocation   of  driving                                                                   
     privileges  by  a court  for  a  driver convicted  of  a                                                                   
     violation  of traffic  laws in connection  with  a fatal                                                                   
     motor  vehicle  or commercial  motor  vehicle  accident;                                                                   
     amending   Rules   43   and  43.1,   Alaska   Rules   of                                                                   
     Administration; and providing for an effective date."                                                                      
                                                                                                                                
DEAN GUANELI,  CHIEF ASSISTANT  ATTORNEY GENERAL,  DEPARTMENT                                                                   
OF LAW, explained that the legislation  would revoke licenses                                                                   
of those  that violate  a traffic  law or  regulation of  the                                                                   
state, which  results in a  death. Licenses would  be revoked                                                                   
for  a year.  He  noted  that there  are  a number  of  fatal                                                                   
accidents on Alaskan highways.  He observed that the criminal                                                                   
penalty  does not  cover  accidents where  a  traffic law  or                                                                   
regulation  was  violated  such  as  running  a  stop  light,                                                                   
falling asleep  at the  wheel, crossing  the center  line, or                                                                   
going off  the road.  Currently, the only  penalty is  a $300                                                                   
dollar  fine  in  the form  of  a  traffic  ticket.  Victims'                                                                   
families  question how  someone  who caused  a  death can  be                                                                   
allowed to continue  driving. He noted that, on page  2: if a                                                                   
person is convicted  of a violation of a traffic  law and the                                                                   
court finds  that the  person was  operating a motor  vehicle                                                                   
and the  driver's violation of  a traffic law  contributed to                                                                   
an  accident that  caused the  death of  another person  then                                                                   
their license  would be  revoked for  one year. He  recounted                                                                   
testimony and observed the affect on families.                                                                                  
                                                                                                                                
Mr. Guaneli stressed that the  question is, "should the state                                                                   
of  Alaska   recognize  that   the  poor  judgment   that  is                                                                   
exercised, whether  you run a  red light or whether  you fall                                                                   
asleep  at the  wheel, whether  that  justifies revoking  the                                                                   
license".  He  maintained that the answer to  the question is                                                                   
"yes". The  legislation provides  license revocation  for one                                                                   
year and  also provides for  a limited driver's  license. The                                                                   
court can  grant a  limited license to  drive for  purpose of                                                                   
work or drive for purposes of  providing care for someone who                                                                   
is  in  need of  the  [driver's]  physical  care.   There  is                                                                   
adequate  protection  to  prevent   loss  of  employment.  He                                                                   
asserted that it  is time to recognize that there  are a wide                                                                   
variety  of circumstances  that reflect  poor judgment,  poor                                                                   
driving and as a result, license action should be taken.                                                                        
                                                                                                                                
Vice-Chair Bunde asked if it would  be a presumptive sentence                                                                   
or mandatory  minimum sentence.   Mr. Guaneli stated  that it                                                                   
would be and noted that the Court  would need to make certain                                                                   
findings that the conduct contributed  to the death. If there                                                                   
were  another  license revocation  (if  the  conduct put  the                                                                   
driver's  points over  the limit), the  revocation would  run                                                                   
concurrently.  It would guarantee  that the sentence would be                                                                   
at least one year.                                                                                                              
                                                                                                                                
In  response  to  Vice-Chair  Bunde,  Mr.  Guaneli  discussed                                                                   
presumptive   sentencing.    He   pointed   out    that   the                                                                   
Administration  is  advocating  for an  appropriate  sanction                                                                   
were none exists.                                                                                                               
                                                                                                                                
                                                            st                                                                  
Representative  Lancaster asked why  there is a  September 1                                                                    
effective date.  Mr. Guaneli did  not know the  rationale for                                                                   
the effective date.                                                                                                             
                                                                                                                                
Representative   Harris  felt   that   the  legislation   was                                                                   
"unsettling".     He  observed  that  the  penalty   for  the                                                                   
identical conduct  is changed depending on the  outcome.  Mr.                                                                   
Guaneli pointed out  that the law looks at  the circumstances                                                                   
and what results from the conduct in addressing sanctions.                                                                      
                                                                                                                                
Representative  Croft noted that  the legislation  represents                                                                   
"almost a  strict liability consequence  of a  violation that                                                                   
is proven". He questioned the lack of a mental state.                                                                           
                                                                                                                                
Mr.  Guaneli noted  that the  state  does not  have to  prove                                                                   
intent  for most violations  of traffic  laws. Mental  states                                                                   
that  are  generally  associated  with criminal  law  do  not                                                                   
applied  to traffic  violations.  If  the state  could  prove                                                                   
criminal negligence then the current  criminal negligence law                                                                   
would pertain. The legislation  would apply to a small set of                                                                   
cases, perhaps a  half a dozen cases a year that  do not fall                                                                   
under  other   criminal  law.  If  the  driver   simply  acts                                                                   
carelessly,  the only action  would be  a civil lawsuit.  The                                                                   
state could do nothing more than issue a traffic ticket.                                                                        
                                                                                                                                
In response to a question by Representative  John Davies, Mr.                                                                   
Guaneli  clarified   that  the   preponderance  of   evidence                                                                   
standard is the  usual legal standard applied  in civil cases                                                                   
involving  negligence  involving   torts  or  contracts.  The                                                                   
penalty  is in  essence  a  civil penalty  or  administrative                                                                   
action imposed  by the court.  The preponderance  of evidence                                                                   
standard would be the appropriate standard.                                                                                     
                                                                                                                                
Representative John  Davies observed that it  is a relatively                                                                   
low standard. He  concluded that the action  is between civil                                                                   
and criminal. He questioned if  it is appropriate to maintain                                                                   
a civil standard when the case would be in between.                                                                             
                                                                                                                                
Mr.  Guaneli explained  that in  most cases  the court  would                                                                   
have found  clear and convincing  evidence and would  be able                                                                   
to make the [clear and convincing  evidence] standard. He did                                                                   
not think  it [the change  to clear and convincing  evidence]                                                                   
would make a practical difference.                                                                                              
                                                                                                                                
Representative Davies expressed  further concern with the use                                                                   
of "contributed" on line 7, page  2: the violation of traffic                                                                   
laws by the  person contributed to the accident.  He observed                                                                   
that  the  person  who  was  killed   could  also  have  done                                                                   
something  that "contributed"  to the  accident. Mr.  Guaneli                                                                   
noted  that  the [conduct  of  the  person killed]  does  not                                                                   
directly  enter  into  the  case.  The  court  would  discern                                                                   
whether the violation  of the traffic law contributed  to the                                                                   
accident and  other negligence  by another  party is  not the                                                                   
court's  concern.  He  argued  in  support  of  the  language                                                                   
contained in  the legislation. Representative  Davies pointed                                                                   
out that  the accident must  "cause" the death.  He expressed                                                                   
further concern  with the  fact that  there may be  different                                                                   
levels  of contribution  to the  accident  and questioned  if                                                                   
"contributed"  should  be changed  to "caused".  Mr.  Guaneli                                                                   
stated that he did not object  to "substantially contributed"                                                                   
to the  accident.  The legal system  has a  variety of  terms                                                                   
that it  uses to weigh  levels of  culpability. All  of these                                                                   
concepts are taken into consideration.  He explained that the                                                                   
intent is not  to turn these cases into large  involved civil                                                                   
lawsuits.  The  legislation  is   designed  to  be  a  simple                                                                   
decision by  a magistrate that  the violation  contributed to                                                                   
the accident.  It is not designed  to be used in  later civil                                                                   
litigation.  The legislation  provides that  the decision  by                                                                   
the judge is not to be used in other litigation.                                                                                
                                                                                                                                
Representative  Davies  gave an  example  of  an accident:  a                                                                   
person at a stop  sign has their car stall when  they go into                                                                   
the intersection.  Another  person comes  over a hill,  where                                                                   
there is reduced sight and hits  the stalled car. The stalled                                                                   
car would be  guilty of a traffic violation.  The person that                                                                   
came over the hill was speeding.  He questioned if the driver                                                                   
of the stalled car would lose  their license if the driver of                                                                   
the speeding  car were killed.  Mr. Guaneli was not  sure. He                                                                   
stated that if the violation were  not a moving violation the                                                                   
law would not apply.                                                                                                            
                                                                                                                                
HB  40   was  heard  and   HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  

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