Legislature(2007 - 2008)HOUSE FINANCE 519

02/22/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 75 DRIVERS LICENSE: ALCOHOL AWARENESS/MINOR TELECONFERENCED
Moved CSHB 75(STA) Out of Committee
+ HB 111 BUSINESS LICENSE FEE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 75                                                                                                             
                                                                                                                                
     An Act relating to driver's licenses and alcohol                                                                           
     awareness testing.                                                                                                         
                                                                                                                                
REPRESENTATIVE JAY  RAMRAS, SPONSOR, stated that  HB 75 would                                                                   
continue  his  efforts  to  improve  alcohol  management  and                                                                   
awareness in Alaska.   The bill stipulates that  all drivers'                                                                   
licenses issued to  a person under 21 years  old would expire                                                                   
                           st                                                                                                   
ninety-days after  their 21  birthday.   HB 75  would further                                                                   
require that a  person turning 21 must take  a test regarding                                                                   
alcohol  safety awareness  and laws related  to drinking  and                                                                   
driving  prior  to  receiving  their  adult  Alaska  driver's                                                                   
license.                                                                                                                        
                                                                                                                                
Representative  Ramras  explained that  once  the bill  takes                                                                   
effect,  all drivers'  licenses  of  Alaskans,  21 years  old                                                                   
would be  adult licenses.   The alcohol awareness  test would                                                                   
serve   to  relate   the  privileges   of   driving  to   the                                                                   
responsibility of consumption  of alcohol.  The test would be                                                                   
designed by the Division of Motor  Vehicles (DMV).  It is the                                                                   
sponsor's  intent  to  have Mother's  Against  Drunk  Driving                                                                   
(MADD) participates in the process of the test design.                                                                          
                                                                                                                                
HB 75  will help  cut down  on minors  consuming alcohol,  by                                                                   
creating  a  bright-line  between   adult  and  minor  driver                                                                   
licenses as the  license issued to a person over  21 would be                                                                   
an adult license and look different  than the one issued to a                                                                   
minor.                                                                                                                          
                                                                                                                                
Representative  Ramras referenced  the  sheet distributed  by                                                                   
the  DMV,  indicating  the .08  level  which  qualifies  that                                                                   
person as  legally drunk  for a  Driving Under the  Influence                                                                   
(DUI).    (Copy  on  File).    The  legislation  attempts  to                                                                   
identify the  youth-at-risk group, emphasizing  the harm that                                                                   
these young  people do to their  own life as well  as others.                                                                   
He pointed out that many businesses  will not hire any person                                                                   
with  a DUI.   Representative  Ramras  added  that there  are                                                                   
young  people  committing  a crime,  sometimes  a  matter  of                                                                   
ignorance.                                                                                                                      
                                                                                                                                
Representative  Ramras summarized that  HB 75 is  good public                                                                   
policy making the general knowledge  test mandatory to minors                                                                   
getting  their renewed  license.   The test  will consist  of                                                                   
eight questions  on driving and  eight regarding  alcohol and                                                                   
insurance.                                                                                                                      
                                                                                                                                
1:59:13 PM                                                                                                                    
                                                                                                                                
Representative  Joule commented  that  in many  parts of  the                                                                   
State, access  to a  DMV is difficult  and worried  about the                                                                   
90-day  restriction.   Representative  Ramras explained  that                                                                   
there has to be law, applying  to both urban and rural areas.                                                                   
He  understood  the  concerns  and offered  to  discuss  them                                                                   
further with legislators and Mr. Bannock from the DMV.                                                                          
                                                                                                                                
2:00:58 PM                                                                                                                    
                                                                                                                                
DUANE  BANNOCK,  (TESTIFIED  VIA  TELECONFERENCE),  DIRECTOR,                                                                   
DIVISION  OF MOTOR  VEHICLES,  DEPARTMENT OF  ADMINISTRATION,                                                                   
ANCHORAGE,  pointed out  that  there are  many customers  who                                                                   
have off-system  licenses.  With  an off-system  license, the                                                                   
customer does  not take a driving  test nor is  their license                                                                   
printed  with a photo  on it  and recommended  that the  off-                                                                   
system license not be included  in the bill.  Those people do                                                                   
not take a driving  skills test, only a knowledge  test.  The                                                                   
DMV is  prepared that the proposed  law will not  affect that                                                                   
group; the key words are "off-system license".                                                                                  
                                                                                                                                
Representative Joule did not want  to see anyone in the State                                                                   
sidestep  the responsibility  for  learning the  restrictions                                                                   
that happen when  an individual comes of age.   He understood                                                                   
that eventually they  would have to take the test.   It would                                                                   
be more  effective if  all citizens  received the benefit  of                                                                   
such education,  addressing the responsibility  and privilege                                                                   
of having a driver's license.                                                                                                   
                                                                                                                                
Mr. Bannock agreed.  The DMV has  provided testimony in other                                                                   
Committees regarding  the benefit  of the provision  outlined                                                                   
in Section 1-creating the distance  knowledge test.  He noted                                                                   
copies  of that test  included  in member's  file.  (Copy  on                                                                   
File).                                                                                                                          
                                                                                                                                
2:05:14 PM                                                                                                                    
                                                                                                                                
Representative Hawker  referenced Alaska statute,  addressing                                                                   
the  concern  &  wondered why  the  responsibility  would  be                                                                   
duplicated:  AS 28.15.081:                                                                                                      
                                                                                                                                
     "Examination of applicants  which includes a test of the                                                                   
     applicant's  knowledge  of  the  effects  of  drugs  and                                                                   
     alcohol   and  the   dangers   of   driving  under   the                                                                   
     influence."                                                                                                                
                                                                                                                                
Representative  Ramras   responded  that  the   test  is  not                                                                   
administered at 16  but rather at 14 years old.   He believed                                                                   
that the  maturity &  poise of  someone at the  age of  16 is                                                                   
quite  different  than that  at  21.    The judgment  of  the                                                                   
younger adult population  is not always able  to manage well,                                                                   
the responsibility  of alcohol, placing  others at risk.   He                                                                   
believed  that all communities  would  benefit at a  moderate                                                                   
cost.                                                                                                                           
                                                                                                                                
2:09:49 PM                                                                                                                    
                                                                                                                                
Representative  Hawker asked why  the State does  not require                                                                   
the test at each renewal date.   Representative Ramras agreed                                                                   
that would  be a great benefit;  however, he did  not believe                                                                   
he could  get a bill  like that  moved through the  Committee                                                                   
process.   Initially,  the bill  was drafted  to testing  all                                                                   
adults, but some suggested that was too intrusive.                                                                              
                                                                                                                                
Representative  Hawker noted concern  when drawing  arbitrary                                                                   
age  lines.     Representative  Ramras  stated   it  was  not                                                                   
arbitrary, as  21 years old is  recognized in statute  as the                                                                   
legal age to consume alcohol.                                                                                                   
                                                                                                                                
2:11:52 PM                                                                                                                    
                                                                                                                                
Co  Chair Chenault  commented  on the  license age  extension                                                                   
dates  indicated on  licenses and  the confusion  transpiring                                                                   
from that  notation.   He supported  the 90-day  period.   He                                                                   
inquired the percentage of DUI's at 16 versus 21 years old.                                                                     
                                                                                                                                
JANE  PIERSON, STAFF,  REPRESENTATIVE  JAY RAMRAS,  responded                                                                   
that those statistics are not available at this time.                                                                           
                                                                                                                                
Co  Chair  Chenault voiced  concern  with  the testing.    He                                                                   
agreed  with  Representative  Hawker that  the  statutes  are                                                                   
already in place.  He supported  the concept testing at every                                                                   
renewal age.                                                                                                                    
                                                                                                                                
2:15:07 PM                                                                                                                    
                                                                                                                                
Representative  Thomas  asked  about  inclusion  of  military                                                                   
exemptions.   Ms.  Pierson  explained that  those  exemptions                                                                   
were  indicated  in the  Alaska  Administrative  Code  (AAC),                                                                   
title 2.90.430,  which provides  90-days when returning  from                                                                   
active duty.                                                                                                                    
                                                                                                                                
Representative   Thomas  commented   on  license   expiration                                                                   
related  to loosing  the Permanent  Fund check.   He  worried                                                                   
about  "legislating   morality".     He  supported   driver's                                                                   
education  classes in  high  school.   Representative  Ramras                                                                   
responded that  the bill  does not have  anything to  do with                                                                   
legislating morality but rather  educating young people about                                                                   
the perils of consuming alcohol & driving at age 21.                                                                            
                                                                                                                                
2:18:32 PM                                                                                                                    
                                                                                                                                
Representative Gara  agreed with the concept, but  he did not                                                                   
like the way it  was written.  He thought that  education was                                                                   
the  important part.   Representative  Ramras explained  that                                                                   
alcohol awareness  is one of the two major  components of the                                                                   
bill.                                                                                                                           
                                                                                                                                
Representative   Gara  stated   that  the   test  would   not                                                                   
accomplish anything  unless the education portion  was there.                                                                   
He  suggested  that  an  instructional  video,  showing  what                                                                   
driving while  impaired, looks  like.  Representative  Ramras                                                                   
disagreed with  putting such  a burden on  the Division.   He                                                                   
reiterated  that  providing a  publication  &  having a  test                                                                   
would be  best.  He  hoped that the  test would consist  of a                                                                   
broader knowledge.                                                                                                              
                                                                                                                                
2:21:09 PM                                                                                                                    
                                                                                                                                
Representative Gara  asked how the questions  would be worded                                                                   
on  the  written  test.    Mr.  Bannock  referenced  Page  2,                                                                   
Question  4, on  the "knowledge  test", as  submitted by  the                                                                   
Division.  (Copy on File).                                                                                                      
                                                                                                                                
Representative  Crawford  stated   that  the  bill  addresses                                                                   
prevention,  which  he  applauds.   He  noted  that  it  will                                                                   
provide one  more tool to save  lives, indicating he  had co-                                                                   
sponsored the bill.                                                                                                             
                                                                                                                                
Representative Gara  referenced the test  questions, offering                                                                   
his  own experience  taking  the driving  written  test.   He                                                                   
noted that he did not remember  any of the test questions but                                                                   
did remember  the video he  watched showing the  consequences                                                                   
of a drunk-driving  accident.  He believed that  if the State                                                                   
is  to  have  a serious  impact,  a  video  viewing  must  be                                                                   
required.  Representative Ramras  responded that if that were                                                                   
the determination  made  by the  DMV, he would  abide by  it;                                                                   
however, during  his conversation  with Director  Bannock, it                                                                   
was agreed  to be accomplished  through the publicized  test.                                                                   
The general  knowledge test  has been designed  so that  a 14                                                                   
year old could  pass it.  The proposed test  will be designed                                                                   
for a 21 year  old and specific in the knowledge  tested.  He                                                                   
did not agree with the comments of Representative Gara.                                                                         
                                                                                                                                
Representative  Gara asked if  it would  be possible  for DMV                                                                   
offices to  offer a video  showing the consequences  of drunk                                                                   
driving.  Mr. Bannock replied  anything is possible; however,                                                                   
pointed out  that most  DMV offices are  very small  and that                                                                   
they  are  not in  the  business  of training  and  educating                                                                   
people.                                                                                                                         
                                                                                                                                
Mr.  Bannock added  there had  been  excellent commentary  in                                                                   
previous  committee  provided  by Representative  Roses  -  a                                                                   
school teacher, about how important  a driver's license is to                                                                   
today's   youth.     Few  school   districts  teach   drivers                                                                   
education.  He  submitted that a proposed test  could be more                                                                   
focused  and specific  to the  age  at which  the law  allows                                                                   
legal drinking.                                                                                                                 
                                                                                                                                
2:28:37 PM                                                                                                                    
                                                                                                                                
Representative Gara worried what  education would be required                                                                   
if it was not submitted by the State.                                                                                           
                                                                                                                                
Co-Chair  Meyer  recommended that  a  certain  amount of  the                                                                   
education  should come  from parents,  MADD and other  groups                                                                   
interested,  the DMV should  not be  totally responsible  for                                                                   
education.                                                                                                                      
                                                                                                                                
Representative Nelson  asked the provisions  for out-of-state                                                                   
college students.   Representative  Ramras explained  that it                                                                   
would be the  same provision allowed for the  military.  When                                                                   
they return  home,  they have  90-days to take  care of  that                                                                   
business.  Mr.  Bannock added that those are  the regulations                                                                   
for  both  out  of  out-of-State  college  students  and  the                                                                   
military, which  is a courtesy provision  extension provision                                                                   
and can be  up to one year.   Sometimes, it is needed  when a                                                                   
person is out of State on vacation.                                                                                             
                                                                                                                                
2:32:42 PM                                                                                                                    
                                                                                                                                
Representative Hawker addressed  the education aspect and how                                                                   
it  could  best   be  delivered.    He   summarized  previous                                                                   
discussion  comments,  suggested  that  since the  State  was                                                                   
imposing a mandate, it should be through the school system.                                                                     
                                                                                                                                
Representative  Ramras emphasized that  there are  many young                                                                   
people  struggling in  how to  handle alcohol.   He  believed                                                                   
that the correct  place to disseminate the  information would                                                                   
be the DMV.   He stressed his interest in  alcohol awareness.                                                                   
The bill  provides an  opportunity to  message-out to  the 21                                                                   
year  old,  to  marry  the  privilege  of  driving  with  the                                                                   
responsibility  drinking.   He  worried about  the number  of                                                                   
young people that get DWI's.                                                                                                    
                                                                                                                                
2:40:20 PM                                                                                                                    
                                                                                                                                
In  response to  Co-Chair Meyer,  Mr.  Bannock addressed  the                                                                   
fiscal note  request in  the amount  of $5 thousand  dollars,                                                                   
which  would be  used  for  proprietary software.    Co-Chair                                                                   
Meyer agreed that the bill will do more good than harm.                                                                         
                                                                                                                                
2:41:53 PM                                                                                                                    
                                                                                                                                
Representative  Gara  advised  that  he  would  introduce  an                                                                   
amendment to  the bill on  the House  floor.  He  inquired if                                                                   
the DMV  offices have the capability  for someone to  watch a                                                                   
video.  Mr. Bannock said no. The  DMV offices usually are not                                                                   
physically  bigger than  they have  to be and  that the  same                                                                   
standards  would  have  to  be imposed  on  all  the  smaller                                                                   
offices.                                                                                                                        
                                                                                                                                
2:44:41 PM                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to REPRT  CS HB 75 (FIN)  out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS  HB 75  (STA) was  reported out  of Committee  with a  "do                                                                   
pass"  recommendation  and  with  a  new  zero  note  by  the                                                                   
Department of Health  and Social Services and  fiscal note #1                                                                   
by the Department of Administration.                                                                                            
                                                                                                                                
2:45:41 PM                                                                                                                    

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