Legislature(2007 - 2008)CAPITOL 120

02/12/2007 01:00 PM House JUDICIARY


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01:09:59 PM Start
01:10:17 PM HB19
02:51:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 90 BAIL TELECONFERENCED
<Bill Hearing Canceled>
+ HB 19 LIMITED DRIVER'S LICENSES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 19 - LIMITED DRIVER'S LICENSES                                                                                             
                                                                                                                                
1:10:17 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the only order of  business would be                                                               
HOUSE  BILL  NO.  19,  "An Act  relating  to  ignition  interlock                                                               
limited driver's license privileges."   [Before the committee was                                                               
CSHB 19(STA).]                                                                                                                  
                                                                                                                                
1:11:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER,  Alaska State  Legislature, sponsor,                                                               
relayed  that  he'd  introduced  HB   19  after  working  with  a                                                               
constituent  who  was helping  someone  who'd  been charged  with                                                               
several driving  under the  influence (DUI)  crimes get  his life                                                               
back together.  Drunk driving is  a serious threat to society and                                                               
to people's safety, he remarked;  yearly, over 5,000 Alaskans are                                                               
arrested for DUI, and at least  800 of those are arrested for DUI                                                               
while  having a  suspended or  revoked driver's  license.   House                                                               
Bill 19  won't change the  current penalties for DUI  crimes, but                                                               
it will change  the statutes that provide for  a limited driver's                                                               
license  to those  convicted of  a  DUI -  it will  create a  new                                                               
limited driver's license.  Rather  than changing where one drives                                                               
with a  limited driver's  license, HB 19  will simply  change how                                                               
one drives;  HB 19 will  require the installation of  an ignition                                                               
interlock device in  the defendant's vehicle, and  he/she will be                                                               
limited to driving only the vehicle  in which the device has been                                                               
installed.                                                                                                                      
                                                                                                                                
REPRESENTATIVE MEYER relayed that in  order to start that vehicle                                                               
the person  must blow into  the ignition interlock  device, which                                                               
is essentially  a breathalyzer, but  if the device detects  a set                                                               
amount  of  alcohol,  the  vehicle will  not  start.    Currently                                                               
Alaska, via  the court system,  requires repeat DUI  offenders to                                                               
use ignition interlock  devices.  House Bill 19  will provide the                                                               
Division of  Motor Vehicles (DMV)  with the authority to  grant a                                                               
limited driver's license during  the license revocation period as                                                               
long  as  the  person  convicted  of  the  DUI  has  an  ignition                                                               
interlock device installed in his/her  vehicle.  He expressed the                                                               
hope  that because  people who  have  ignition interlock  devices                                                               
installed  in  their  vehicles  won't  be  able  to  drive  while                                                               
intoxicated, the  streets will be  safer from people  with repeat                                                               
DUI convictions.                                                                                                                
                                                                                                                                
1:14:40 PM                                                                                                                    
                                                                                                                                
MIKE  PAWLOWSKI,  Staff  to Representative  Kevin  Meyer,  Alaska                                                               
State Legislature, in  response to a question,  relayed on behalf                                                               
of Representative Meyer, sponsor of  HB 19, that language on page                                                               
2, lines  14-15, stipulates that  a limited driver's  license may                                                               
be  granted  if  the  person  provides  proof  that  an  ignition                                                               
interlock device has  been installed on every  vehicle the person                                                               
operates.  He suggested that  a representative from the DMV could                                                               
provide  testimony regarding  how  the DMV  would interpret  that                                                               
language -  for example, perhaps a  person who drives as  part of                                                               
his/her  employment  would  have  to get  an  ignition  interlock                                                               
device installed on the vehicle that he/she drives for work.                                                                    
                                                                                                                                
CHAIR RAMRAS  surmised, then,  that a  person couldn't  drive the                                                               
company forklift - or other vehicle  - for example, if it weren't                                                               
also equipped with an ignition interlock device.                                                                                
                                                                                                                                
REPRESENTATIVE  MEYER concurred,  though  he said  he isn't  sure                                                               
whether  a driver's  license  is  required in  order  to drive  a                                                               
forklift.                                                                                                                       
                                                                                                                                
MR. PAWLOWSKI, in  response to a question, said  that the penalty                                                               
for  driving with  a revoked  or  suspended license  will not  be                                                               
changed  by HB  19, although  the bill  does contain  language in                                                               
Section 2 -  proposed AS 28.15.201(f)(3) -  which stipulates that                                                               
the person being granted a  limited driver's license must sign an                                                               
affidavit  acknowledging that  operating a  vehicle which  is not                                                               
installed with an ignition interlock  device will subject him/her                                                               
to   the  penalties   for  driving   with   a  revoked   license.                                                               
Furthermore, Section 3  of the bill adds a  reference to proposed                                                               
AS  28.15.201(f), the  statute that  pertains to  driving with  a                                                               
canceled, suspended, or revoked  driver's license - AS 28.15.291.                                                               
Also, language  in proposed AS 28.15.201(f)(4)  stipulates that a                                                               
person may  not be granted  a limited driver's license  if he/she                                                               
has previously been convicted of  violating the requirements of a                                                               
limited driver's  license contingent upon the  installation of an                                                               
ignition interlock device.                                                                                                      
                                                                                                                                
REPRESENTATIVE SAMUELS  characterized allowing  someone convicted                                                               
of DUI  to drive anywhere as  letting him/her off the  hook - the                                                               
suspension of  a driver's license  is part of the  punishment and                                                               
serves as  a daily  reminder.  If  someone who's  prohibited from                                                               
driving  a  vehicle that  does  not  have an  ignition  interlock                                                               
device installed  borrows someone else's car,  the penalty should                                                               
be huge, he  opined, because the person is  already being granted                                                               
a freedom.                                                                                                                      
                                                                                                                                
1:19:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEYER  opined  that   having  to  drive  with  an                                                               
ignition interlock  device is a  punishment in itself  because it                                                               
will be embarrassing to have to  blow into it each time one wants                                                               
to start  the car;  furthermore, there  is an  expense associated                                                               
with having an ignition interlock device.                                                                                       
                                                                                                                                
REPRESENTATIVE SAMUELS pointed out,  though, that currently under                                                               
the  stipulations  associated  with getting  a  limited  driver's                                                               
license, the person only gets to  drive to and from work and does                                                               
not get to  do any of the  other things that one might  use a car                                                               
for.   Under the bill,  the person will  have all of  the driving                                                               
freedoms  he/she  had  before  the DUI  conviction.    He  asked,                                                               
therefore, whether  the amount of  license suspension  time would                                                               
be increased.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MEYER   asked  members  to  keep   in  mind  that                                                               
currently  almost  20 percent  of  the  people who  have  limited                                                               
driver's licenses issued after a  DUI conviction are being picked                                                               
up again for DUI.  Those people  are not just driving to and from                                                               
work; they are also driving other  places.  Under the bill, those                                                               
that  take advantage  of  the limited  driver's  license will  at                                                               
least be forced to drive sober.                                                                                                 
                                                                                                                                
MR. PAWLOWSKI  noted that those violating  proposed AS 28.15.291,                                                               
which pertains to driving with  a canceled, suspended, or revoked                                                               
driver's license, may be subject to vehicle forfeiture.                                                                         
                                                                                                                                
REPRESENTATIVE  HOLMES  referred  to  Section 4  of  the  bill  -                                                               
proposed AS  28.35.030 - and  asked whether the court  would have                                                               
discretion  with  regard to  how  much  probation time  it  could                                                               
assign.                                                                                                                         
                                                                                                                                
MR. PAWLOWSKI,  noting the language  in Section 4 was  the result                                                               
of an amendment offered by  Representative Gruenberg, offered his                                                               
understanding that Section 4 would  limit the length of probation                                                               
to five years maximum.                                                                                                          
                                                                                                                                
1:24:36 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  asked whether ignition interlock  devices have been                                                               
tested and proven to work at -40°F.                                                                                             
                                                                                                                                
REPRESENTATIVE  MEYER  offered  his understanding  that  ignition                                                               
interlock devices have been tested at temperatures of -40°F.                                                                    
                                                                                                                                
MR.  PAWLOWSKI noted  that it  is the  Department of  Corrections                                                               
(DOC) that does the tests.                                                                                                      
                                                                                                                                
CHAIR RAMRAS  asked whether the  ignition interlock  devices will                                                               
work  at  -50°F,  a  temperature  which  makes  for  an  entirely                                                               
different  climate than  even -40°F.   He  asked for  information                                                               
regarding how  ignition interlock devices  are meant to  work for                                                               
the entire northern  region of the state,  particularly in remote                                                               
areas and  particularly on the  coldest of nights -  the question                                                               
of  whether  ignition  interlock  devices will  work  under  such                                                               
conditions raises  life/safety issues  because any defect  in the                                                               
equipment could leave someone stranded.                                                                                         
                                                                                                                                
REPRESENTATIVE  MEYER relayed  that  there are  two vendors  that                                                               
have sold ignition  interlock devices in the  northern regions of                                                               
the state, and that he is  anticipating that at least one of them                                                               
will be speaking later.                                                                                                         
                                                                                                                                
CHAIR  RAMRAS  noted that  the  bill  has  an effective  date  of                                                               
1/1/08, and asked whether alternatives  have been provided for in                                                               
case the ignition interlock devices  don't work as planned in all                                                               
areas of the state.                                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG,   speaking  as  the  sponsor   of  the                                                               
original  legislation pertaining  to ignition  interlock devices,                                                               
offered  his recollection  that when  that legislation  passed in                                                               
1989,  in order  to address  the  issue of  there possibly  being                                                               
problems with the way ignition  interlock devices work in certain                                                               
areas  of  the  state,  language   was  inserted  into  Title  33                                                               
stipulating that  the DOC must consider  climatic conditions when                                                               
approving  regulations pertaining  to  a particular  device.   In                                                               
other  words, by  the  law, ignition  interlock  devices must  be                                                               
climatic specific -  they may not be certified  in colder regions                                                               
of the state  unless they can absolutely operate  safely in those                                                               
regions.                                                                                                                        
                                                                                                                                
1:32:15 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  pointed out, however,  that [AS  33.05.020(d)] only                                                               
says:                                                                                                                           
                                                                                                                                
          (d) The regulations in (c) of this section must                                                                       
     require  that  the  ignition interlock  device  operate                                                                    
     reliably  over the  range  of automobile  environments,                                                                    
     otherwise known as  automobile manufacturing standards,                                                                    
     for  the  geographic  area  for  which  the  device  is                                                                    
     certified.                                                                                                                 
                                                                                                                                
CHAIR  RAMRAS opined  that this  language still  leaves open  the                                                               
question of  whether ignition interlock devices  will function at                                                               
-50°F  and other  extreme conditions  when one's  safety is  most                                                               
greatly at risk.                                                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES  offered her  understanding that  one would                                                               
still have the  option of using the  existing provision regarding                                                               
limited driver's licenses  - AS 28.15.201(d); so if  one lives in                                                               
a place where  ignition interlock devices are  either not readily                                                               
available   or  prone   to   malfunction   because  of   climatic                                                               
conditions, one could still make use of the existing provision.                                                                 
                                                                                                                                
MR. PAWLOWSKI explained  that that would not  be possible because                                                               
Section 6 of  the bill repeals AS 28.15.201(d)-(e).   This change                                                               
was suggested  by the DMV as  a way of providing  consistency and                                                               
uniform  treatment  of  all  areas of  Alaska.    All  mechanical                                                               
devices  - even  the vehicles  themselves -  could have  problems                                                               
functioning  at -50°F;  for  example, he  relayed,  he would  not                                                               
drive his vehicle  under such conditions because  he could pretty                                                               
much guarantee that he would end  up stranded.  He suggested that                                                               
the  committee hear  from the  vendors, adding  his understanding                                                               
that ignition interlock  devices have been used  in Fairbanks and                                                               
in places like Fort Yukon.                                                                                                      
                                                                                                                                
REPRESENTATIVE HOLMES  questioned whether  those in  rural Alaska                                                               
will have access to ignition interlock devices.                                                                                 
                                                                                                                                
1:35:36 PM                                                                                                                    
                                                                                                                                
MR. PAWLOWSKI,  in response  to a question,  said that  under the                                                               
bill,  a  person must  get  an  ignition interlock  installed  if                                                               
he/she wishes  to qualify for  the limited driver's license.   In                                                               
response  to further  questions, he  said that  by providing  the                                                               
courts  with the  ability  to grant  a  limited driver's  license                                                               
contingent  upon  the  installation   of  an  ignition  interlock                                                               
device, the  courts also have the  ability to deduct the  cost of                                                               
the  ignition  interlock device  from  the  fines.   Furthermore,                                                               
according to  testimony from the  vendors, installation  fees are                                                               
often waived  for those  with low  incomes; vendors  provide free                                                               
vouchers to the  Public Defender Agency (PDA).   The monthly cost                                                               
of  maintaining an  ignition interlock  device  amounts to  [less                                                               
than] $5  a day,  and one  of the vendors  recounted to  him, Mr.                                                               
Pawlowski  remarked,  that one  person  has  chosen to  keep  his                                                               
ignition interlock device on his  car long past the required time                                                               
because it  is cheaper than  [the cost associated  with receiving                                                               
another DUI].                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DAHLSTROM said  she doesn't  feel good  about the                                                               
concept of  handing out free  vouchers to those who've  chosen to                                                               
break  the law.   She  asked whether  ignition interlock  devices                                                               
will  fit every  car and  whether they  can be  tampered with  in                                                               
order  to allow  a car  to  be started  by someone  who has  been                                                               
drinking.                                                                                                                       
                                                                                                                                
MR.  PAWLOWSKI offered  his  understanding  that AS  11.76.140(a)                                                               
makes it a crime to  tamper with or circumvent ignition interlock                                                               
devices; furthermore, ignition interlock  device are monitored on                                                               
a monthly  basis, and so it  is fairly easy to  catch someone who                                                               
has altered the device.                                                                                                         
                                                                                                                                
REPRESENTATIVE MEYER  pointed out that ignition  interlock device                                                               
technology  has been  around  since the  1980s,  and offered  his                                                               
understanding  that  the  devices  are pretty  foolproof.    Some                                                               
devices, he  suggested, can distinguish  who is blowing  into the                                                               
device, and some have cameras installed.                                                                                        
                                                                                                                                
REPRESENTATIVE   SAMUELS   asked   what  the   penalty   is   for                                                               
circumventing an ignition interlock device.                                                                                     
                                                                                                                                
MR.  PAWLOWSKI said  that  that crime,  which  is a  misdemeanor,                                                               
could result in  a maximum term of imprisonment of  30 days and a                                                               
maximum fine of $500.                                                                                                           
                                                                                                                                
REPRESENTATIVE SAMUELS asked what would  happen if a drunk driver                                                               
gets someone else to blow into the ignition interlock device.                                                                   
                                                                                                                                
MR. PAWLOWSKI  suggested that the  Department of Law  (DOL) might                                                               
be better able to address that issue.                                                                                           
                                                                                                                                
1:42:25 PM                                                                                                                    
                                                                                                                                
LABETTE  NORR, Smart  Start, Inc.,  with regard  to the  issue of                                                               
ignition  interlock devices  working  in  cold climates,  relayed                                                               
that her company has installed one  unit in Fort Yukon; that unit                                                               
has been  functioning throughout the  winter with no  problems to                                                               
date.  Approximately  80 units have been  installed in Fairbanks,                                                               
and only  one person has had  a problem just one  time, but there                                                               
have been  no other problems  related to cold temperatures.   Her                                                               
company  has  installed   one  unit  in  Nome   and  other  units                                                               
throughout  various parts  of the  state  - including  Ketchikan,                                                               
Sitka,  Juneau,  Dillingham,   Kodiak,  Valdez,  Delta  Junction,                                                               
Glennallen, Homer, and Kenai - and all have shown good results.                                                                 
                                                                                                                                
MS.  NORR,  with  regard  to the  question  of  whether  ignition                                                               
interlock  devices can  be installed  in  any vehicle,  explained                                                               
that the  device is  mounted underneath the  dashboard and  so is                                                               
not  visible  except  for  the  breathalyzer  portion,  which  is                                                               
located  on the  steering column  and which  can be  "unplugged."                                                               
Ignition interlock devices  can be installed in  any vehicle, she                                                               
assured  the committee,  and  have been  tested  in a  controlled                                                               
environment at temperature as low  as -40°C.  She reiterated that                                                               
they've not heard  of any problems occurring in  units located in                                                               
Fairbanks, Nome, and  Fort Yukon - places  that aren't considered                                                               
to be controlled environments.                                                                                                  
                                                                                                                                
CHAIR RAMRAS, remarking  on the severity of past  winters and the                                                               
mildness  of this  winter, asked  whether any  ignition interlock                                                               
devices were  installed [in  the northern  regions of  the state]                                                               
during the winter of 2005/2006.                                                                                                 
                                                                                                                                
MS.  NORR  said yes.    In  response  to further  questions,  she                                                               
relayed  that her  company  flew  into Fort  Yukon  and Nome  and                                                               
installed  a unit  in each  location, and  flies back  to service                                                               
those units whenever needed.   In communities where more than one                                                               
unit is  to be  installed, her  company will  wait until  four or                                                               
five  units  have been  ordered  and  then  will fly  into  those                                                               
communities  and install  them.   She  offered her  understanding                                                               
that there  are two ignition  interlock device  vendors operating                                                               
in  Alaska, and  relayed  that  her company  tries  to "pick  up"                                                               
contractors  in all  the  areas it  goes into  so  that there  is                                                               
someone local  who can  provide service to  those people  who are                                                               
required  to  have ignition  interlock  devices  installed.   The                                                               
units are leased  rather than sold, but the  replacement cost for                                                               
a damaged unit is around $1,500.                                                                                                
                                                                                                                                
1:49:48 PM                                                                                                                    
                                                                                                                                
DUANE  BANNOCK,  Director,  Division  of  Motor  Vehicles  (DMV),                                                               
Department of  Administration (DOA),  in response to  a question,                                                               
said that the reference to "department"  in Section 2 of the bill                                                               
refers to the DOA, and that  the DOA currently has the ability to                                                               
issue a limited driver's license.                                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred  to   page  2,  line  9,  and                                                               
suggested that the words, "that  is" ought to instead read, "must                                                               
be",  and that  the words,  "limited license  certificate" should                                                               
instead just read, "limited license".                                                                                           
                                                                                                                                
MR. BANNOCK concurred with the latter point.                                                                                    
                                                                                                                                
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]                                                                   
                                                                                                                                
MR. BANNOCK, in response to questions,  said that the bill is not                                                               
providing  for  a  new  administrative   revocation  and  is  not                                                               
changing the DMV's current authority;  instead, from the point of                                                               
view  of  the DMV,  the  bill  merely  redefines what  a  limited                                                               
license  is and  what the  driver  is able  to  do with  it.   He                                                               
offered his understanding  that the language on page  2, line 10,                                                               
clarifies  that a  limited  driver's license  can  be granted  by                                                               
either the  court or the  department, adding that  the department                                                               
already  has the  authority -  under AS  28.15.201 -  to grant  a                                                               
limited driver's license.                                                                                                       
                                                                                                                                
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]                                                                      
                                                                                                                                
MR. BANNOCK, in  response to a question, said he  is not prepared                                                               
to comment at this time on  the possibility that the DMV might be                                                               
moved  from  the DOA.    In  response  to further  questions,  he                                                               
reiterated  his remarks  regarding the  DMV's current  authority,                                                               
how  that authority  will not  change, and  what he  believes the                                                               
bill will do.   He added that currently the  DMV issues a limited                                                               
license  certificate,  which  is  just  a  piece  of  paper,  and                                                               
encourages  the applicant  to get  an  identification (ID)  card;                                                               
under  the  bill,  however,  the   DMV  would  create  an  actual                                                               
"license," though he would not  characterize that as an expansion                                                               
of the  DMV's authority to issue  a license - the  DMV would just                                                               
be issuing a plastic card as opposed to a piece of paper.                                                                       
                                                                                                                                
MR. BANNOCK, in response to  more questions, said that oftentimes                                                               
those who have had their driver's  license taken away for DUI are                                                               
subject to both administrative actions  and criminal actions, but                                                               
sometimes the person is only subject  to one action or the other;                                                               
also, a  person could apply to  the court for a  limited driver's                                                               
license,  be turned  down, and  then apply  to the  DMV for  one.                                                               
Noting  that the  court has  greater  authority than  the DMV  to                                                               
issue a limited  driver's license, he offered  an example wherein                                                               
the  court  told someone  to  apply  to  the  DMV for  a  limited                                                               
driver's license because the court wasn't going to grant one.                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  questioned  whether  that  constitutes                                                               
good public policy.                                                                                                             
                                                                                                                                
2:02:50 PM                                                                                                                    
                                                                                                                                
RODNEY O.  HERBERT offered his  belief that allowing a  person to                                                               
acquire   a  limited   driver's  license   contingent  upon   the                                                               
installation  of an  ignition interlock  device  would give  that                                                               
person   the  ability   to  transport   his/her  children,   make                                                               
appointments,  and attend  treatment and  recovery meetings;  the                                                               
provisions  of the  bill  will  allow those  stopped  for DUI  to                                                               
become more  self sufficient, and  will help protect  society and                                                               
implement punishment  in a  safe and  good way.   People  do make                                                               
mistakes and  often make them  over and over again,  he remarked,                                                               
acknowledging that  he is  one such person,  though one  that has                                                               
been able to  straighten his life out; however, his  doing so has                                                               
been hampered  by the  lack of  a limited  driver's license.   He                                                               
characterized  [the  bill] as  a  good  idea  and as  creating  a                                                               
win/win situation.   In conclusion, he thanked  the committee for                                                               
considering HB 19.                                                                                                              
                                                                                                                                
2:08:17 PM                                                                                                                    
                                                                                                                                
NARDA  BUTLER indicated  that after  becoming  familiar with  Mr.                                                               
Hebert's situation, she brought forth  to the sponsor the concept                                                               
embodied  in HB  19  because  she was  very  concerned about  the                                                               
safety  of the  roads her  children drive  on.   She offered  her                                                               
understanding that  50-75 percent of those  with revoked licenses                                                               
are actually driving  anyway; because of this,  she is absolutely                                                               
in favor  of allowing for  the use of ignition  interlock devices                                                               
to  monitor the  activities of  those drivers.   This  technology                                                               
will  make the  highways  safer, she  remarked,  adding that  she                                                               
heartily endorses the  passage of HB 19 as  moving towards having                                                               
laws  in Alaska  that  approach best  practices  as expressed  in                                                               
other parts of the country.                                                                                                     
                                                                                                                                
2:11:49 PM                                                                                                                    
                                                                                                                                
DALE FOX,  Executive Director, Alaska Cabaret  Hotel Restaurant &                                                               
Retailer's  Association  (Alaska  CHARR), said  that  the  Alaska                                                               
CHARR supports  the concept of ignition  interlocks, particularly                                                               
for  those  who  are  repeat DUI  offenders,  those  who've  been                                                               
convicted  of high  blood alcohol  concentration (BAC)  offenses,                                                               
and  those  who  drive  with   a  revoked  license  after  a  DUI                                                               
conviction.   He  noted that  after learning  more about  how the                                                               
proposed  program  will work,  the  Alaska  CHARR may  have  more                                                               
comments.                                                                                                                       
                                                                                                                                
2:13:53 PM                                                                                                                    
                                                                                                                                
WALT MONEGAN,  Acting Commissioner,  Department of  Public Safety                                                               
(DPS), simply expressed his support for HB 19.                                                                                  
                                                                                                                                
2:14:12 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section-Juneau, Criminal Division, Department  of Law (DOL), said                                                               
that the DOL has concerns  about limiting the length of probation                                                               
after a DUI  conviction, and opined that neither Sections  4 or 5                                                               
of  CSHB  19(STA) are  necessary  -  and  could perhaps  even  be                                                               
detrimental  - because  AS 12.55.102  already allows  a court  to                                                               
order  the installation  of  an ignition  interlock  device as  a                                                               
condition of probation for alcohol-related offenses.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG relayed  that he  would be  offering an                                                               
amendment  to cure  that problem;  his intention  is to  have the                                                               
maximum five  years probation stipulated  in Sections 4 and  5 be                                                               
in addition, if  the court finds that the  public safety requires                                                               
it,  to any  probation that  the court  initially sets,  and this                                                               
additional probation would specifically  pertain to the length of                                                               
time one must keep an ignition interlock device installed.                                                                      
                                                                                                                                
MS.  CARPENETI  indicated  that  such   a  change  would  make  a                                                               
difference [with regard  to how the DOL views Sections  4 and 5].                                                               
In  response to  a question,  she  explained that  there are  two                                                               
types  of  license revocation:    one,  when  a person  has  been                                                               
arrested for  a DUI or a  refusal crime, and, two,  when a person                                                               
has been convicted  of either crime.  When a  person is arrested,                                                               
the arresting  officer takes the  person's driver's  license away                                                               
and gives the person a piece  of paper which the person then uses                                                               
to start the process pertaining  to the administrative revocation                                                               
of his/her driver's  license; this can happen even  if the person                                                               
is  not  then convicted  of  DUI  or refusal.    If  a person  is                                                               
convicted,  the  court  can also  revoke  the  person's  driver's                                                               
license.   Generally, if  a person  is subject  to both  forms of                                                               
revocation, the  revocation periods  run at the  same time.   The                                                               
process  for   administrative  revocation  is  described   in  AS                                                               
28.15.165, and that's why the  bill addresses both administrative                                                               
and court revocations, she observed.                                                                                            
                                                                                                                                
REPRESENTATIVE  COGHILL   surmised,  then,   that  the   bill  is                                                               
extending [the DMV's] authority  to require an ignition interlock                                                               
device, and so he is wondering  whether the courts should also be                                                               
involved in that process.                                                                                                       
                                                                                                                                
2:19:03 PM                                                                                                                    
                                                                                                                                
MS. CARPENETI  suggested that  perhaps Representative  Coghill is                                                               
wrong  in  his  summation.    Both the  DMV  and  the  court  can                                                               
currently grant a limited driver's  license but that provision of                                                               
statute - AS  28.15.201(d) - is being repealed by  HB 19 and will                                                               
be  substituted   by  the  procedure  outlined   in  proposed  AS                                                               
28.15.201(f).    The  bill  merely  adopts  a  different  set  of                                                               
procedures  for granting  a limited  driver's license,  requiring                                                               
the installation of an ignition interlock device.                                                                               
                                                                                                                                
REPRESENTATIVE  COGHILL said  he is  questioning whether  the DMV                                                               
ought to receive more oversight  - for example, court oversight -                                                               
in the  proposed process.   He opined  that the bill  extends the                                                               
DOA's authority  considerably, and  he doesn't  want to  turn the                                                               
DMV into a whole new court agency.                                                                                              
                                                                                                                                
MS. CARPENETI  said HB  19 sets out  pretty narrow  standards for                                                               
when one  can have a  limited driver's license, because  one must                                                               
have an ignition interlock device installed.                                                                                    
                                                                                                                                
MR. BANNOCK,  in response  to a question,  said he  would provide                                                               
the  committee  with  statistics  regarding  the  DMV's  rate  of                                                               
reversals of  administrative license  revocations, but  added his                                                               
belief that the  reversal numbers are small.  He  opined that the                                                               
DMV does  not have a problem  with regard to how  it conducts its                                                               
license revocation hearings.                                                                                                    
                                                                                                                                
CHAIR RAMRAS  noted that  the bill would  expand the  universe of                                                               
people  who   are  driving,  because  otherwise   their  driver's                                                               
licenses would  be suspended.   Therefore,  he relayed,  he would                                                               
like  information  regarding  how   many  driver's  licenses  are                                                               
presently suspended, and how many  drivers would be able to start                                                               
driving under the provisions of the bill.                                                                                       
                                                                                                                                
MR. BANNOCK said he would  get that information to the committee,                                                               
and offered  that the DMV's  fiscal note estimates  that annually                                                               
there would  be 300  people taking advantage  of the  new limited                                                               
driver's license provisions.                                                                                                    
                                                                                                                                
2:27:02 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS recalled that the  sponsor's argument is that people                                                               
who shouldn't be  driving are driving anyway but they  won't be a                                                               
risk if  at least they  are driving sober.   This is  in conflict                                                               
with  what the  legislature has  said, which  is that  it doesn't                                                               
want DUI perpetrators  driving on Alaska's roads.   Seemingly the                                                               
bill is  [providing leniency  to] those people  who would  not be                                                               
following the law anyway.                                                                                                       
                                                                                                                                
MR. BANNOCK  assured the  committee that  the DMV  will implement                                                               
whatever the legislature determines should be the policy.                                                                       
                                                                                                                                
CHAIR RAMRAS  said he  would also  like statistics  regarding the                                                               
number  of  felony  DUI perpetrators  and  those  that  committed                                                               
vehicular manslaughter as a result of  DUI behavior.  The bill is                                                               
proposing a more cumbersome procedure  than simply saying certain                                                               
people can't drive.                                                                                                             
                                                                                                                                
MR. BANNOCK  said that the  DMV will be  able to provide  some of                                                               
that  information but  not  that  which it  doesn't  track -  for                                                               
example  felony DUI  versus non-felony  DUI.   In  response to  a                                                               
concern raised earlier,  he offered his belief  that the language                                                               
in  proposed  AS 28.15.201(f)  is  almost  identical to  that  in                                                               
existing AS 28.15.201(d);  furthermore, the bill is  not aimed at                                                               
everything that one  could lose one's driver's  license over, but                                                               
is instead  aimed at only  two types of  crimes - DUI  crimes and                                                               
crimes of refusal.                                                                                                              
                                                                                                                                
CHAIR RAMRAS said he would  still like to receive the information                                                               
he  requested  because the  legislature  may  not want  to  grant                                                               
limited driver's licenses to the most egregious offenders.                                                                      
                                                                                                                                
MR. BANNOCK suggested  that either the Alaska  Court System (ACS)                                                               
system  or the  DOL  may have  those  additional statistics,  and                                                               
relayed  that  he  will provide  the  committee  with  statistics                                                               
regarding those people whose driver's  licenses have been revoked                                                               
for DUI and  refusal crimes.  He noted that  some of those people                                                               
already have a limited driver's  license and are only supposed to                                                               
be driving to  and from work, and acknowledged  that the estimate                                                               
in the  DMV's fiscal note  may be  incorrect.  The  statistics he                                                               
provides, he cautioned, will not  contain data about those who've                                                               
had their  license revoked for  driving with a  suspended license                                                               
or  who've  had  their  license   suspended  because  of  "point"                                                               
deductions or insurance violations.                                                                                             
                                                                                                                                
CHAIR RAMRAS,  noting that many  who are  picked up for  DUI also                                                               
have  a wider  substance abuse  problem, asked  whether a  person                                                               
under the  influence of a  substance other than alcohol  would be                                                               
able to  bypass an ignition  interlock device.   If so,  then the                                                               
roads  could  become more  dangerous  because  such people  could                                                               
merely substitute the form of substance they are abusing.                                                                       
                                                                                                                                
MR. BANNOCK acknowledged that as a possible problem.                                                                            
                                                                                                                                
2:36:28 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS), offered that one solution would  be to not grant a limited                                                               
driver's  license   to  those   with  substance   abuse  problems                                                               
unrelated to alcohol.  Aside  from that issue, he indicated, [the                                                               
DPS] supports [the bill] as another  tool to help address some of                                                               
the  problems  occurring  on  Alaska's roads.    He  assured  the                                                               
committee that [the DPS] would  still be investigating DUI crimes                                                               
regardless of whether a vehicle  has an ignition interlock device                                                               
installed.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS said  he supports the legislation,  but is concerned                                                               
that  it   will  merely  create   a  false  sense   of  security.                                                               
Therefore, he  asked, what  steps could be  taken to  ensure that                                                               
limited driver's  licenses are  not granted  to those  who simply                                                               
substitute their  substance of choice  with something  that won't                                                               
be detected by an ignition interlock device.                                                                                    
                                                                                                                                
MR. PAWLOWSKI concurred with Lieutenant  Dial that there might be                                                               
ways  to  limit,  through  the  ACS, who  is  granted  a  limited                                                               
driver's  license.   He  said  he must  return  to the  sponsor's                                                               
intent in  bringing the bill  forward, that being to  address the                                                               
fact that the current law  regarding limited driver's licenses is                                                               
not  really  working  as  intended -  people  are  still  driving                                                               
wherever  they  want  to.    Statistically,  800-900  people  are                                                               
arrested every year for DUI  with a revoked or suspended license.                                                               
At least  while an  ignition interlock device  is installed  in a                                                               
vehicle, the person won't repeat a DUI offense.                                                                                 
                                                                                                                                
REPRESENTATIVE HOLMES  asked whether  other states have  any data                                                               
regarding  arrests  of  those  with  ignition  interlock  devices                                                               
installed who  are under  the influence  of some  substance other                                                               
than alcohol.                                                                                                                   
                                                                                                                                
MR. PAWLOWSKI said he would research that point further.                                                                        
                                                                                                                                
2:39:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   COGHILL   expressed    interest   in   receiving                                                               
statistics regarding moving violations  or traffic accidents that                                                               
occur even when  there is an ignition  interlock device installed                                                               
in the vehicle.                                                                                                                 
                                                                                                                                
MR.  PAWLOWSKI, in  response to  a question,  offered his  belief                                                               
that more people than the DMV's  estimate of 300 will apply for a                                                               
limited  driver's license  under the  bill because  it will  then                                                               
become the only  way to obtain a limited driver's  license - only                                                               
those  with  an  ignition  interlock device  installed  in  their                                                               
vehicle will be  granted a limited driver's license.   Given that                                                               
roughly 5,000 Alaskans are arrested  every year for DUI, surely a                                                               
lot more than 300 people annually  will be applying for a limited                                                               
driver's license.                                                                                                               
                                                                                                                                
MR. BANNOCK,  in response to  a question,  said that even  if the                                                               
number of  people applying for  a limited driver's  license under                                                               
the bill  doubles, the fiscal note  won't double correspondingly.                                                               
He explained  that the fiscal  note reflects the cost  of setting                                                               
up the  DMV with  the proper equipment  and hiring  an additional                                                               
person; currently only  one employee is dedicated  to the limited                                                               
driver's license  program.   In response  to other  questions, he                                                               
relayed  that  when  someone  applies   for  a  limited  driver's                                                               
license, he/she  must pay a $100  application fee as well  as the                                                               
cost of  the actual limited  driver's license, which is  $20, and                                                               
acknowledged that these  fees are not enough to  offset the costs                                                               
of starting up and maintaining the program proposed by the bill.                                                                
                                                                                                                                
LIEUTENANT  DIAL concurred  with  the comments  that people  with                                                               
revoked licenses are driving anyway,  and indicated that the hope                                                               
is  that the  bill  will help  the  DPS with  that  problem.   In                                                               
response to  questions, he  offered to  research how  many people                                                               
that the  DPS pulls over  for DUI  are repeat DUI  offenders, and                                                               
relayed that  of the hundreds  of DUI  arrests he's made,  in his                                                               
experience most  repeat offenders are  driving the same  car and,                                                               
surprisingly, a number  of them actually have  a sober individual                                                               
in the  car; he said  he hopes that  [HB 19] will  encourage such                                                               
DUI offenders to allow the sober individual to drive.                                                                           
                                                                                                                                
CHAIR  RAMRAS  expressed an  interest  in  altering the  bill  to                                                               
address the  issue of substitute substances,  vehicles, or people                                                               
who  would blow  into the  device,  and to  narrow the  loopholes                                                               
without  increasing   the  authority   of  the  DMV   beyond  its                                                               
capability.                                                                                                                     
                                                                                                                                
2:51:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  expressed interest in somehow  indicating on                                                               
the car itself that the owner has a revoked driver's license.                                                                   
                                                                                                                                
MR.  BANNOCK,   in  response  to  questions,   relayed  that  the                                                               
employees that  would deal with  limited driver's  licenses would                                                               
be a  "range 10";  currently the employee  that issues  a limited                                                               
driver's  license verifies  that  the application  form has  been                                                               
filled out  correctly, and  under HB 19  the two  employees would                                                               
also ensure that  there is actually an  ignition interlock device                                                               
installed in the vehicle in question.   He pointed out that these                                                               
employees  are not  hearing  officers.   In  response to  further                                                               
questions, he reiterated that DUI  offenders can be subject to an                                                               
administrative  revocation, a  court-ordered revocation,  or both                                                               
forms of revocation; when the person  is subject to both forms of                                                               
revocation, the periods of revocation are generally concurrent.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG asked why a  person should be subject to                                                               
both forms of revocation.                                                                                                       
                                                                                                                                
MR. BANNOCK pointed  out that that is simply the  way current law                                                               
reads.                                                                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES  raised the question of  whether they ought                                                               
to  still provide  people  with another  option  for obtaining  a                                                               
limited driver's  license; for example,  perhaps there  are areas                                                               
of  the  state  in  which  ignition  interlock  devices  are  not                                                               
available.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS relayed that CSHB 19(STA) would be held over.                                                                      

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