Legislature(2003 - 2004)
05/08/2004 01:00 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
SB 224 - LOWER DWI FOR MINORS TO .02 Number 2030 CHAIR McGUIRE announced that the final order of business would be 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." Number 2044 RICHARD SCHMITZ, Staff to Senator John Cowdery, Alaska State Legislature, sponsor, presented SB 244 on behalf of Senator Cowdery. He said the purpose of SB 244 is to provide stiffer penalties to those who, while under the legal drinking age, consume alcohol and drive. Currently, such a person would be charged with minor consuming and/or minor operating a vehicle after consuming, both of which result in an infraction. The bill proposes zero tolerance for minors who consume and drive, and imposes a series of mandatory fines that escalate for repeat violations: $500 for a first offense, $1,000 for a second offense, and $1,500 for additional offenses. In addition, mandatory community work service (CWS) will also be imposed: 20-40 hours for a first offense, 40-60 hours for a second offense, and 60-80 hours for additional offenses. He noted that the behavior would still be an infraction under the current version of the bill. REPRESENTATIVE OGG questioned whether people under 18 years of age would be treated differently than people who are 18 to 20 years of age, and, if so, why. Number 2147 CINDY CASHEN, Executive Director, Juneau Chapter, Mothers Against Drunk Driving (MADD), said that anyone under the age of 21 who is caught drinking alcohol is charged with minor consuming, though a person who is between the ages of 18 and 20 can represent himself/herself in court. REPRESENTATIVE OGG offered his belief that a minor is legally defined as being under the age of 18. REPRESENTATIVE SAMUELS asked Representative Ogg if he is suggesting that they replace the term "minor" with language that would reflect that what is meant is someone under the age of 21. REPRESENTATIVE OGG remarked that if that is the goal of the bill, then the language should be clarified. MR. SCHMITZ said such a change would be fine. He posited, however, that with regard to alcohol consumption, "minor" is probably the term of art that the drafters use to refer to anyone under the age of 21 who is consuming alcohol illegally. CHAIR McGUIRE surmised, then, that the drafters have indicated that the legal term "minor" means something different when used with regard to alcohol. MS. CASHEN concurred. MR. SCHMITZ said he would be willing to consult with the drafters on this issue before the bill is heard in the House Finance Committee. REPRESENTATIVE GARA noted that statistics provided in members' packets indicate that 14 percent of all alcohol-related fatalities are caused by drivers between the ages of 15 and 20. He questioned how having a blood alcohol concentration (BAC) of .02 fits within those statistics. MR. SCHMITZ suggested that adoption of the bill will provide an incentive to those under the age of 21 to not drive if they have been consuming. He likened creating this different standard to creating different standards for behavior around school zones and work zones. CHAIR McGUIRE noted that there must be a nexus between minor consuming and driving. She read a portion of AS 28.35.280 as currently written: Minor operating a vehicle after consuming alcohol. (a) A person who is at least 14 years of age but not yet 21 years of age commits the offense of minor operating a vehicle after consuming alcohol if the person operates or drives a motor vehicle ... (b) ... A person who is 18 years of age or older shall be released on the person's own recognizance. A person who is under the age of 18 shall be released to a parent, guardian, or legal custodian. TAPE 04-81, SIDE B 2393 REPRESENTATIVE GARA directed attention to Section 3, subsection (b), which proposes to change AS 28.35.290 and which read in part: Operating a motor vehicle during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or for minor's refusal to submit to a chemical test is, an infraction and if the minor REPRESENTATIVE GARA offered his belief that this language presumes that such a person would no longer have a driver's license. CHAIR McGUIRE read the language currently in AS 28.35.290(a): (a) A person who has been cited for minor operating a vehicle after consuming alcohol under AS 28.35.280 or for refusal to submit to a chemical test of breath under AS 28.35.285 may not operate a motor vehicle, aircraft, or watercraft during the 24 hours following issuance of the citation. CHAIR McGUIRE surmised that this language doesn't mean that a person has had his/her driver's license suspended; instead it just means that a person may not drive for 24 hours after being issued a citation for minor consuming. MR. SCHMITZ concurred, and reiterated that the goal of the bill is to provide those under the age of 21 with an extra incentive to not drink and drive. REPRESENTATIVE GRUENBERG directed attention to Section 4, which proposes to repeal Sections 14-16 and 23 of Chapter 143, SLA 1996. He expressed a desire to know what language is actually being repealed by Section 4. MR. SCHMITZ relayed that he would be willing to work with Representative Gruenberg on that issue. MS. CASHEN mentioned that the bill has been studied by Anne Carpeneti - Assistant Attorney General, Legal Services Section- Juneau, Criminal Division, Department of Law (DOL) - and others in the administration, and the bill has "met their seal of approval." Number 2249 REPRESENTATIVE GARA and GRUENBERG moved to report CSSB 224(STA) out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSB 224(STA) was reported from the House Judiciary Standing Committee.
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