Legislature(2003 - 2004)
05/10/2004 11:20 AM House FIN
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* first hearing in first committee of referral
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CS FOR SENATE BILL NO. 224(STA)
An Act relating to a minor operating a vehicle after
consuming alcohol, to a minor refusing to submit to
chemical tests, and to driving during the 24 hours
after being cited for one of those offenses; and
providing for an effective date.
RICHARD SCHMITZ, STAFF, SENATOR JOHN COWDERY, explained that
SB 224 would change Alaska's law to require that stiffer
penalties apply to people under the legal drinking age after
consuming any amount of alcohol. Under current law, a
person under 21 years old, who drives with a Blood Alcohol
Content (BAC) of below .08, would receive a charge of minor
consuming and/or minor operating a vehicle after consuming,
both of which are infractions.
SB 224 applies mandatory fines and community service for
minors to drive after consuming any amount of alcohol. A
first-time offender faces a $500 fine, which increases to
$1000 for a second offense and $1500 for additional
offenses. Community service requirements increase
similarly.
Mr. Schmitz continued, drivers between the ages of 15 and 20
years old make up approximately 7% of the total driving
population. That 7% constitutes 14% of the alcohol
related fatalities. Zero tolerance laws can act as a
deterrent and dramatically help change the behavior.
CINDY CASHEN, EXECUTIVE DIRECTOR, MOTHER'S AGAINST DRUNK
DRIVING (MADD), JUNEAU, explained that currently, teenagers
are being charged with minor consuming charges. The public
defenders office has indicated that passage would increase
their workload. She thought that in reality, most of the
minor consuming charges already have the right to a public
defender, which would not significantly change. Presently,
time, the fee for such a charge is usually around $250
dollars, which to the offender is a joke.
Ms. Cashen commented that the BAC level usually create a
raise with each charge and then the person becomes familiar
with the system, becoming a high-risk driver. The bill
would detour them with the first charge at $500 dollars, the
second charge at $1000 dollars and the third at $1500
dollars. That would be an amount, which would affect the
legal guardians, providing an opportunity for them to talk
about the situation. Also, the community work service
program aspect is very important, as it would force the
teenager to work in a program that deals with the education
of treatment and intervention of alcohol abuse. Ms. Cashen
thought that it would be effective and urged that the bill
pass.
Representative Stoltze asked if the proposed change would
alter eligibility for first time youth offenders being able
to get into the Youth Corp program. Ms. Cashen understood
that 14-16 year olds would no longer be eligible for that
program.
Representative Stoltze asked if the increase in the penalty
would create any barrier to that program. Mr. Schmitz did
not know, however, understood that different municipalities
addressed that concern differently. Representative Stoltze
asked that a more definitive answer be provided before the
House Floor session discussion. Mr. Schmitz understood that
the legislation would make the student ineligible for the
Youth Corp program.
Representative Chenault asked if the legislation would only
apply to a .02 BAC. Mr. Schmitz stated that it would apply
if the person had driven within a 24-hour period after
drinking or consuming alcohol and that the BAC level would
not be the only factor considered. There would need to be
proof that the student had been consuming alcohol.
Vice Chair Meyer pointed out the indeterminate fiscal notes
and asked if the teenager would be eligible for a jury
trial. Ms. Cashen acknowledged that was correct, pointing
out that most of them are additionally charged with minor
consuming, which allows that person to qualify for a jury
trial.
Vice Chair Meyer noted that he appreciated the community
service aspect of the legislation.
Representative Fate questioned if the provision would be
waived if drinking were done at home with family. Mr.
Schmitz replied that was not included in statute. If the
person were caught drinking illegally, they would be guilty.
Ms. Cashen interjected that it is legal to give your child
alcohol.
Representative Fate reiterated his question, asking what
would happen if there was an accident. Ms. Cashen responded
that they would be charged because they were a minor and
operating a motor vehicle while under consumption.
Representative Croft asked if the "minor" as proposed in the
legislation, would be under 21 years old. Mr. Schmitz
explained that had been discussed in the House Judiciary
Committee and was a "term of art" and applies to drinking
and driving statutes. In response to Representative Croft,
Ms. Cashen added that the legislation would increase the
penalties and fines and would add mandatory community work
service.
Representative Joule asked if the community service
prevention including treatment and education would be
mandatory. Ms. Cashen responded that the community service
would be done through the schools, hopefully offering a
variety of opportunities.
Co-Chair Harris asked about the fiscal notes. Mr. Schmitz
pointed out the public defender's note that MADD does not
agree with. The original bill proposed a Class B
misdemeanor, which subsequently was removed and however, the
fiscal note did not change removing that language.
Co-Chair Harris MOVED to zero out fiscal note #10.
Representative Stoltze pointed out for the record that it is
the opinion of MADD that action would be appropriate. Ms.
Cashen acknowledged that entire court system could use more
staff, however, SB 224 would not increase the Public
Defender's workload to require another person. Co-Chair
Harris stated that the reality is, the public defender is
required by the court to represent those people and that the
agency could come back to the Legislature through the
supplemental budget request. He maintained that he would
rather face the supplemental later than to fund it at this
time.
LINDA WILSON, (TESTIFIED VIA TELECONFERENCE), DEPUTY
DIRECTOR, ALASKA PUBLIC DEFENDER AGENCY, DEPARTMENT OF
ADMINISTRATION, ANCHORAGE, commented on the fiscal note.
Currently, when a person is charged with a movack, they get
their license revoked. Requiring mandatory community work
service and increased graduated fines, will require more
prosecution in court. For a first minor consuming charge,
there would be no license action as there would be no tie in
consuming with the driving. In the past, when the
legislature changed the statute concerning minor consuming,
calling it an infraction, the minor was not to be entitled
to a court appointed council. In 2001, when that statute
changed, there were 58 cases charged with a public defender
for minor consuming. That number has mushroomed in 2003 to
892. There are three statutes now that have graduated
sanctions and mandatory community work service.
Enactment of the legislation would provide entitlement to
court appointed council and a jury trial and will require a
fair amount of public defenders. Changing it from a
misdemeanor to an infraction does not negate the entitlement
to a court appointed attorney or a jury trial because of the
mandatory community work service that is part of the bill.
She stressed that they will need at least one additional
attorney to handle the request and she urged that the fiscal
note not be zeroed out.
Co-Chair Williams OBJECTED to zeroing out the note.
Representative Croft added his objection to zeroing out the
note, stressing that it would not be an appropriate action.
He noted the usual large supplemental requests from that
agency, which does not provide an accurate picture of that
agency's on-going needs. Fiscal notes are provided to give
the State an understanding of the costs for implementing
legislation.
Co-Chair Williams WITHDREW his OBJECTION to the amendment.
There being NO further OBJECTION, the note was zeroed out.
Representative Foster MOVED to report CS SB 224 (STA) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS SB 224 (STA) was reported out of Committee with "no
recommendation" and with zero note #5 by the Department of
Public Safety, indeterminate note #6 by the Alaska Court
System, zero note #7 by the Department of Health & Social
Services, zero note #8 by the Department of Administration,
indeterminate note #9 by the Department of Administration
and a new note by the House Finance Committee for the
Department of Administration.
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