Legislature(2005 - 2006)HOUSE FINANCE 519
03/02/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB395 | |
| HB394 | |
| HB321 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 321 | TELECONFERENCED | |
| + | HB 394 | TELECONFERENCED | |
| = | HB 395 | ||
2:10:23 PM HOUSE BILL NO. 321 An Act relating to high risk operation of a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance and to refusal to submit to a chemical test. REPRESENTATIVE JAY RAMRAS, SPONSOR, advised that HB 321 proposes new statutory language, which addresses tougher Driving Under the Influence (DUI) laws. Presently, it is a crime in Alaska to operate a vehicle with a blood alcohol level of .08 or greater. The proposed legislation would not change current law, but would create an enhanced crime of high risk driving under the influence. A person commits the crime of high risk driving under the influence, if it is determined by a chemical test that a person's blood alcohol concentration (BAC) is .16 or greater. A person who is convicted of high risk DUI would face enhanced sentences. Under the legislation, sentencing for refusal to submit to a chemical test would also be made tougher, to concur with the high risk DUI sentences. Representative Ramras pointed out that current information from the National Highway Traffic Safety Administration (NHTSA) shows that 31 states have already adopted laws dealing with enhanced penalties for high-blood alcohol level driving offenses. The NHTSA reports that over half of all alcohol-related fatalities involve someone with a .15 BAC or higher. The high-risk driver provision of HB 321 would take clear aim against the most egregious drunk driving offenders, providing stiffer penalties is a legal remedy to bring their numbers down. As we have seen from the needless and tragic incidents that have occurred in the Interior this past year, now is the time for Alaska to address stricter penalties for higher-risk driving under the influence. Representative Ramras emphasized that the legislation is part of a full approach to improve alcohol management in Alaska. Earlier legislation introduced, which has been signed into law, involved renewal of alcohol server education cards. 2:17:29 PM Representative Ramras noted that in the House Judiciary Committee, questions were posed regarding changing the behavior of the drunk driver or changing how the deals with those drivers. He acknowledged that the Legislature is attempting to hold down rising costs within government. He noted the repeal accompanying the bill, which would help measure the effect of the legislation for a three-year period. Representative Ramras pointed out that the House Judiciary Committee (HJC) version of the bill was the one being offered. The legislation attempts to catch problem drivers at the moment of crisis and put them into therapeutic court. He urged that the State Legislature opt to end up with "safer streets". 2:20:32 PM JANE PIERSON, STAFF, REPRESENTATIVE JAY RAMRAS, offered to answer questions of the Committee. 2:20:54 PM Representative Kelly noted that he supports the legislation, however, remembered concerns voiced by Mothers Against Drunk Driving (MADD). Representative Ramras replied that the rewrite of the bill has the support of MADD and the Cabaret Hotel and Restaurant Retail Association (CHARR). He noted it is difficult to get those two groups to align on anything. Initially, MADD was opposed to the legislation as it attempts to draw a standard between drunk and "really drunk". 2:22:53 PM Representative Holm asked if there was data available regarding the reduction to Driving Under the Influence (DUI) based upon the change from .08 to a super high rate if .15. Representative Ramras advised that was one of the difficulties expressed in the House Judiciary Committee. Some states referred to that as providing a lesser degree of recidivism; however, that information was antidotal in nature. That prompted Representative Coghill to ask if it changed the behavior of the drinker or the way the State deals with the drinker. The committee substitute places a repealer in it to see how it goes for the next three years. He recommended that the Department of Corrections determine the success. 2:25:02 PM Ms. Pierson added that studies indicate that people with a high BAC are more likely to recidivate; that group tends to have more problems with alcohol abuse. The intent is to target that group. Representative Ramras acknowledged that Representative Coghill had voice that concern. Representative Ramras encouraged members to pass the bill from Committee and support it on the House Floor. 2:27:14 PM Representative Holm pointed out the fiscal note does not indicate a departmental change down the road. He would have hoped that the Department of Corrections sees less expense down the line with passage of the bill. 2:28:19 PM Co-Chair Meyer mentioned that he intended to HOLD the bill in Committee to discuss ways to reduce the fiscal note, following public testimony. 2:28:40 PM Representative Hawker commented on the separation of "drunk from really drunk" and asked if there was any scientific evidence used to determine the BAC levels. Representative Ramras responded that in the HJC, Representative Gara had addressed that concern. He pointed out that in the federal transportation bill, there are funds available to address high BAC drinkers. However, there are other components, which must be fulfilled, including roadblocks and checkpoints; those factors would not work in Alaska. It is recognized across the country that a high BAC limit standard ranges between .15 and .22. The legislation choose .16. 2:31:25 PM Representative Hawker thought that the federal government .08 standard "blackmailed" the State of Alaska. He was outraged by the standard, stating that .16 compounds the problem. Representative Hawker asked the percentage of error that can happen when taking the measurement. Representative Ramras requested that the Department of Law or the Department of Public Safety speak to that. 2:32:46 PM Representative Hawker suggested that the decisions made were "arbitrary" and will have serious consequences for individuals. He asked if the sponsor had looked at aggravator factors including accident or injury to someone. Representative Ramras said those penalties already exist. He pointed out that the proposed figures are arbitrary as are the ones proposed by the oil industry. Representative Hawker argued that HB 321 seriously affects people's lives. Representative Weyhrauch asked if the intended sunset was 2009. Representative Ramras advised the recommendation is a sunset in three years. Representative Kelly related a story about the alcohol deaths related in Fairbanks. He indicated five bills resulting from that outrage; he asked if HB 321 had been chosen at the exclusion of the others. Representative Ramras responded that MADD was not impressed with HB 321 as a deterrent. The legislation targets those people who have consumed a great deal of alcohol and are demonstrating impairment, potentially causing a great deal of harm. The bill is only one of many items MADD hopes to see passed. 2:38:46 PM Representative Joule questioned if a server could be charged with civil liability if the person drinking moved from one establishment to another. Representative Ramras said they could and that language already exists in statute. He pointed out the risks involved. The younger age offender is the target; hopefully before they become habitual offenders. Representative Holm asked for an explanation of BAC and how the .08 number is attained. He concurred with Representative Hawker's earlier observation about the level of intoxication at .16 and voiced concern about the average drinkers. Representative Ramras said he accepts the .08 standard because it is the law of the land. He stressed that no one should not operate a vehicle at .16 BAC. 2:44:19 PM Ms. Pierson explained how a drunken wheel works, noting it provides a low standard. 2:45:41 PM QUINLAN STEINER, (TESTIFIED VIA TELECONFERENCE), DIRECTOR, OFFICE OF PUBLIC DEFENDER, ANCHORAGE, offered to answer questions on the fiscal note. JOSH FINK, (TESTIFIED VIA TELECONFERENCE), PUBLIC ADVOCATE, OFFICE OF PUBLIC ADVOCACY, offered to answer questions of the Committee. Representative Ramras recommended checking with the State Troopers to get a more accurate read on the numbers. Representative Kelly pointed out that the proposed numbers were different from those made by MADD. Representative Joule discussed a device for cars that can measure intoxication. Representative Ramras replied it is called an Ignition Lock, adding that it would be difficult to have a standard that could not be enforced in both an urban and rural areas. That device can cause many operational difficulties. HB 321 was HELD in Committee for further consideration.
| Document Name | Date/Time | Subjects |
|---|