Legislature(1993 - 1994)
03/04/1994 01:15 PM House JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 299 - DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS CSHB 299(JUD): "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol; to fees for reinstatement of a driver's license; and providing for an effective date." Number 575 CHAIRMAN PORTER announced that HB 299 would be heard next and introduced Rep. Toohey. Number 580 REP. CYNTHIA TOOHEY, Prime Sponsor of HB 299, read from a sponsor statement. She said the intent of HB 299 is to deter teens from engaging in the use and abuse of a controlled substance. The bill would provide the Department of Public Safety with a tool to help discourage youth from starting the dangerous and often fatal association of controlled substances and alcohol with driving. She said an individual who is at least 14, but not yet 21, who has illegally consumed or possessed alcohol or a controlled substance, would have their license revoked. If that individual did not have a license at that time, the privilege to attain a driver's license would be temporarily withheld. Number 626 REP. GREEN motioned to adopt CSHB 299. Without objection CSHB 299 was adopted. Number 630 REP. DAVIDSON asked Rep. Toohey how the teenagers would know the consequences of their actions. Number 668 JUANITA HENSLEY, Division of Motor Vehicles, Department of Public Safety, responded to Rep. Davidson's concerns by stating the division of Alaska State Troopers has a community service bureau. That bureau would provide information to the public of the provisions outlined in the bill. Number 687 REP. DAVIDSON said he would like to have something in the testing booklet for when an individual is taking the permit test that pertains to the provision of HB 299. Number 696 MS. HENSLEY said that was an option the department could provide for. Number 702 REP. NORDLUND asked how long the revocation period was. MS. HENSLEY said the first offense would be ninety days, the second offense would be one year. Number 720 REP. NORDLUND asked the chairman to explain the differences in the CSHB 299 and the original bill. MS. HENSLEY responded by saying that page 3 of the committee substitute would allow for the individual to complete an alcohol education, rehabilitation examination. She said a further provision was added to allow a sworn report to be submitted at a hearing rather than the peace officer being required to be present. Number 725 CHAIRMAN PORTER clarified the statement Ms. Hensley made regarding the completion of an alcohol rehabilitation program. He noted that not all individuals would have to complete this program, only those who have been screened and referred for this type of program. Number 757 REP. KOTT asked for clarification of the intent of the bill. Number 762 MS. HENSLEY said this bill is intended as a deterrent. Number 780 CHAIRMAN PORTER asked about the provision on page 5, lines 21 and 22, regarding testimony at hearing not being admissable in criminal trial. He asked if this was new. Number 790 MARGOT KNUTH, Assistant Attorney General, Criminal Division, Department of Law, said it was not new and that it was modeled after the DWI statute. Number 801 DANIELLA LOPER, Staff Counsel, House Judiciary Committee, asked about the issuance of a temporary license in the case of an appeal. Number 813 MS. HENSLEY said a temporary license would be issued pending the outcome of the case. She said it is the same as in the case of a DWI appeal. In conclusion, she said the temporary driver's license is issued for seven days. Number 829 REP. GREEN asked if there were any statistics of a person who had been granted a temporary license who had been arrested for the same offense, during the time of which they have their temporary license. Number 828 MS. HENSLEY said she had no statistics on that, but had not heard of that happening very often. Number 855 REP. KOTT asked about federal grants that would provide funds for the educational pamphlets regarding the provisions outlined in the bill. MS. HENSLEY noted that at this time congress had not passed the legislation that would provide the grants. In addition, Alaska has qualified for some grant money because of the passage of some legislation last year. Number 010 There was general discussion about the fiscal note and it was agreed that the program would be funded by program receipts. Number 137 CHAIRMAN PORTER asked if there was further discussion regarding the adoption of CSHB 299. Being none, CSHB 299 was adopted. CHAIRMAN PORTER noted there were two amendments before the committee. He addressed Amendment 1, which would add a provision that an individual who was in violation of this law and was directed to attend a treatment facility would have to pay that cost. Number 162 REP. JAMES moved Amendment 1. With no objection, Amendment 1 was adopted. Number 165 CHAIRMAN PORTER addressed Amendment 2. He said Amendment 2 would raise the reinstatement fee from $100.00 to $250.00. Number 196 REP. GREEN said he supported Amendment 2. Number 200 CHAIRMAN PORTER noted that both the sponsor and the department supported the amendments. Number 205 There was general discussion regarding the $250.00 fee being high. MS. KNUTH commented that $250.00 was a standard amount. Number 220 REP. JAMES aired a concern that the relationship between a drinking violation and a driver's license revocation was inconsistent. Number 381 REP. KOTT pointed out that perhaps the fine was too high and could not support Amendment 2. Number 417 MS. HENSLEY pointed out that these young adults pay money for drugs or alcohol and often pay more than the cost of the proposed fine. REP. TOOHEY noted that if the fine deters one child from drinking and driving, it was worth it. Number 504 REP. JAMES maintained her concern. Number 536 CHAIRMAN PORTER asked if there was any further discussion on Amendment 2. REP. KOTT maintained his objection. A roll call vote was taken. Voting yes: Reps. Green, Nordlund, James, Porter. Voting no: Rep. Kott. Amendment 2 passed. Number 568 REP. GREEN moved CSHB 299 as amended, with individual recommendations and attached fiscal note. With no objection, it was so moved; CSHB 299 was moved out of committee. Number 578 CHAIRMAN PORTER said the committee would attach a letter of intent with regard to the expenditure of the $250.00 reinstatement fee. Number 581 REP. KOTT reiterated his concern about a fine and suggested community service instead of a higher reinstatement fee. With no objection, CSHB 299 was moved from committee. The House Judiciary Committee adjourned at 3:30 p.m.
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