Legislature(2001 - 2002)
04/24/2001 02:24 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 179
An Act relating to underage drinking and drug offenses;
and providing for an effective date.
REPRESENTATIVE NORMAN ROKEBERG discussed that in 1994, the
Legislature enacted the "Use It, Lose It" law (AS 28.15.183)
for minors who are caught possessing or using alcohol. If a
minor were caught using alcohol, their driver's license
would be administratively revoked for a period of time. In
December, in a case State versus Niedermeyer, the Alaska
Supreme Court found that taking away a minor's driver's
license for possession or consumption of alcohol or a
controlled substance, without giving them a trial, was in
violation of a minor's constitutional right to due process.
Representative Rokeberg commented that if a minor is caught
using alcohol or drugs, they are sent a letter from the
Division of Motor Vehicles (DMV) stating that the DMV will
not revoke their license until there has been a court
conviction for the offense. At present, the district
attorney's office is not prosecuting minors caught for
consumption of alcohol, because the court system is not
prepared to handle jury trials for this type of case.
The effect of the Niedermeyer decision is that minors now go
virtually unpunished for possessing or consuming alcohol.
The maximum penalty that may currently be enforced on minors
who are caught consuming or possessing alcohol is a $100
fine.
Representative Rokeberg advised that the law would impose
appropriate punishments on minors who use alcohol, and will
be a deterrent to minors when they consider drinking.
Statistics show that the earlier a person begins drinking,
the more likely they are to have problems with alcohol later
in life. By sending a message early to minors that their
actions will not go unpunished, we hope to deter alcohol
problems in the future.
Representative Rokeberg continued that the bill would
establish a graduated system of punishment for minors who
are caught consuming, possessing or controlling alcohol. On
a minor's first offense, he/she would be subject to a fine
of between $200-600, would have to attend alcohol
information school, and would be placed on probation. For a
minor's second offense, the minor would be guilty of repeat
minor consuming and would be subject to a fine of $1000, at
least 48 hours of community work service, a three-month
license revocation, and probation. A minor's third offense
would cause them to be guilty of habitual minor consuming,
which would be a Class B misdemeanor, resulting in up to a
$1000 fine and 90 days in jail. In addition, the minor
would lose his/her license for a period of six months, would
be required to complete at least 96 hours of community work
service, and be placed on probation.
Vice-Chair Bunde questioned the "three time" aspect of the
legislation and suggested that a second offense should merit
serious consequences. Representative Rokeberg explained
that the second offense does demand the option for a jury
trial and mandates a three-month revocation of the driver's
license. He noted that the testimony before the House
Judiciary Committee pointed out that under the current use
it or loose it statute, there were juveniles in the State
that had up to seven offenses, thus, creating a problem with
revocation of licenses. He thought that statute was a
failure.
Vice-Chair Bunde referenced the chart distributed and the
second offense charges associated with the offense. [Copy
on File]. Discussion followed between Vice-Chair Bunde and
Representative Rokeberg regarding current law default.
Representative Foster referenced the sponsor statement
recommendation for an Alcohol Information School. He
inquired how attendance would be mandated. Representative
Rokeberg replied that would be mandatory if such a school
was available in that area.
Co-Chair Williams MOVED to ADOPT Amendment #1. [Copy on
File]. Co-Chair Mulder OBJECTED for discussion.
Representative Rokeberg explained that the amendment would
delete all material on Page 2, Line 3, following the word
"group", and replacing that language with: "Selected by the
court to serve as a sentencing option for persons convicted
of a violation under this section". He noted that the
Courts had recommended the amendment for greater
flexibility.
Co-Chair Mulder WITHDREW his OBJECTION. There being NO
further OBJECTION, Amendment #1 was adopted.
Representative Davies MOVED to ADOPT Amendment #2. [Copy on
File]. Co-Chair Williams OBJECTED for discussion.
Representative Rokeberg stated that the amendment would
delete all language on Page 6, Lines 5-6.
CHUCK HOSACK, [TESTIFIED VIA TELECONFERNCE], DEPUTY
DIRECTOR, DIVISION OF MOTOR VEHICLES, ANCHORAGE, noted that
the Division supported Amendment #2.
TAPE HFC 01 - 94, Side A
Co-Chair Williams WITHDREW his OBJECTION.
Representative Hudson MOVED to ADOPT Amendment #3. [Copy on
File]. Co-Chair Williams OBJECTED for discussion.
Representative Hudson asked to amend Amendment #3 by adding
"Juneau" to the definition of pilot juvenile alcohol safety
action programs. He added that following "Kotzebue", adding
the language "for treatment only". He asked if the Alcohol
Safety Action Programs (ASAP) had been included in the bill.
Representative Rokeberg replied they were. He added that
the amendment would limit the treatment elements. He
suggested that the amendment could reduce the cost of the
fiscal notes while continuing the concept.
Representative Davies agreed with the intent of the
amendment, however, noted that the way in which the
amendment had been written would cause problems. He
suggested deleting the amendment from the Page 12, Lines 13-
14. He believed that could remove all ASAP's from the bill.
ELMER LINDSTROM, SPECIAL ASSISTANT TO COMMISSIONER PERDUE,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, stated that the
intent of the legislation was to allow for the juvenile
alcohol safety action program to continue as originally
envisioned and limit obligations for the additional
treatment dollars. Mr. Lindstrom claimed that it would be a
mistake to delete that language. He commented that the
cleanest way would be through intent language which would
allow the additional treatment resources in those locations
and would allow the fiscal notes to conform to that.
Representative Davies advised that there were additional
portions of the amendment that do not work together.
Representative Rokeberg voiced concern with switching from
unqualified law to a letter of intent for the program. He
voiced concern with the cost containment unless there was a
strict review by the HESS budget subcommittee about how that
program would be expanded. He reiterated that the letter of
intent would not be enough. Co-Chair Williams agreed.
Representative Davies suggested modifying the amendment, on
Page 12, omitting that section and inserting a new bill
Section #18.
Co-Chair Williams asked that Representative J. Davies and
Representative Rokeberg work together to come up with
appropriate language.
At-Ease: 4:45 P.M.
Reconvene: 4:50 P.M.
Representative Hudson WITHDREW the amendment to the
amendment. Representative Hudson WITHDREW Amendment #3.
There being NO OBJECTION, it was withdrawn.
Representative Davies MOVED to ADOPT a new Amendment #3. He
referenced the old Amendment #3 and stated that the new #3
would retain the changes recommended to Page 3, Line 5 and
Page 9, Line 29. On Page 12, the delete portion would be
struck and then retaining the inserted language. Page 12,
Lines 13-4 would read, "Insert a new bill section". The new
section would read: "Alcohol Treatment Program". He added
that after "Fairbanks", "Juneau" should be inserted with
"for treatment only". All the language on Page 12, Line 15
would be eliminated.
Co-Chair Mulder clarified the amendment would decrease the
fiscal note to $800 thousand dollars.
Mr. Lindstrom spoke to the three fiscal notes from
Department of Health & Social Services. He noted that the
amendment would reduce note #1 to $400 thousand dollars and
that note #2 and #3 would remain the same.
There being NO OBJECTION, the new Amendment #3 was adopted.
Representative Hudson MOVED to report CS HB 179 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes with the indicated changes. There
being NO OBJECTION, it was so ordered.
CS HB 179 (FIN) was reported out of Committee with a "do
pass" recommendation and with fiscal notes by #2 Department
of Corrections, #5 Department of Health & Social Services,
#6 Department of Health & Social Services, and new fiscal
notes by the Department of Law, the Alaska Court System,
Department of Health & Social Services, and Department of
Administration.
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