Legislature(2009 - 2010)BARNES 124
01/27/2010 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB283 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 283 | TELECONFERENCED | |
HB 283-PURCHASE/CONSUMPTION OF ALCOHOL
3:22:01 PM
CHAIR OLSON announced that the only order of business would be
HOUSE BILL NO. 283, "An Act relating to the purchasing of and
restrictions concerning alcoholic beverages."
3:23:04 PM
REPRESENTATIVE HARRY CRAWFORD, Alaska State Legislature, began
his testimony by identifying alcohol as a scourge in our
society. It causes so much heartache in this state. Alaska is
right at the top of the list of states with alcohol offenses.
He started this bill process because his wife was hit by a
convicted drunk driver. The drunk driver had been ordered by
the court not to buy, consume, or enter the premise of an
establishment where alcohol is sold for the purpose of buying or
consuming alcohol. However, there was not any way to identify
the drunk driver. The convicted driver continued to buy and
consume alcohol and endanger other Alaskans.
REPRESENTATIVE CRAWFORD related that this drunk driver hit his
wife and also nearly hit his son. For several days, he did not
know if his wife would live or die. At the time he was not
concerned whether the driver was apprehended or punished, only
with his wife's condition, hoping that she would survive. She
is the center and core of his family, he stated.
REPRESENTATIVE CRAWFORD related that he wanted to prevent the
drunk drivers from continuing to harm innocent people. This
bill would amend the current law concerning people who are
restricted from the purchase and consumption of alcoholic
beverages. Last legislature, House Bill 90 imposed a
requirement that a stripe be placed on the Alaska driver's
license for those drivers with a felony convicted for driving
under the influence (DUI), and also imposed a thousand dollar
fine against the business that sold the alcohol since many
businesses do not check licenses.
3:26:21 PM
REPRESENTATIVE CRAWFORD explained that the initial bill, House
Bill 90 [25th Legislature] did not make the fine mandatory.
This bill, HB 283, would double the fine to $2,000, and a letter
of intent is attached that would share $1,000 to the clerk that
confiscated the red-striped license at the time of the attempted
purchase of alcohol. This would serve as an incentive for
clerks to check drivers' licenses, especially for people who are
known chronic offenders. Many people, especially in small
communities, are aware of the offenders, he stated.
3:27:07 PM
REPRESENTATIVE CRAWFORD explained this bill has been expanded to
affect third time offenders in cases where alcohol is used when
committing a crime. He related that HB 283 is intended to
target chronic inebriates. He pointed out he received two
fiscal notes today, which he hopes the departments will be able
explain. As a result of House Bill 90, the Division of Motor
Vehicles (DMV) charges an additional $50, which is paid by the
offender. He did not anticipate this bill would cause an
additional expense to the DMV, and thus, he did not understand
the $40,000 fiscal impact, in the DMV fiscal note.
3:29:12 PM
CHAIR OLSON noted Whitney Brewster is on line.
REPRESENTATIVE CRAWFORD related this is the initial hearing on
this bill.
REPRESENTATIVE BUCH agreed to wait to hear from the department
on the fiscal impact.
REPRESENTATIVE LYNN related that he would like to cosponsor the
bill.
3:31:00 PM
REPRESENTATIVE T. WILSON asked for the impact HB 283 would have
on drivers when the DUI occurred in another state.
REPRESENTATIVE CRAWFORD said he thought the offenses would begin
to be counted in Alaska.
3:32:20 PM
REPRESENTATIVE NEUMAN empathized with Representative Crawford's
family concerns. He expressed concern over government control
in families' lives. This is currently a crime, and this bill
creates a crime for committing a crime. He reviewed the
penalties for DUI such that the offender must forfeit a motor
vehicle, weapon, or other valuable. He related that the few
ruin it for the many. Some people are inconsiderate or unfair,
but all the laws in the world cannot stop the behavior.
REPRESENTATIVE NEUMAN also expressed concern with adding
additional responsibility for store clerks. He highlighted his
libertarian view with respect to adding another layer of law for
the offense. He understood the department would need additional
employees to oversee the provisions in the law. If a law does
not stop a person from committing a crime, he asked whether
another law would stop the activity.
3:38:01 PM
REPRESENTATIVE CRAWFORD responded that the law does not change
the sentencing provisions. The idea of ordering a person to
refrain from being on the premise where alcohol is served is not
a new law. However, the system did not previously have a method
of identifying the DUI offender. The prior bill identified the
person, but HB 283 offers intent language to provide a portion
of the fine to the clerk as an incentive, since the clerk's
normally will check licenses of anyone under the age of 30. He
recalled that at Costco clerks automatically require
identification at the time of sale, regardless of age. Had the
clerk checked Laurie Phillip's driver's license or
identification, she may have been prevented from purchasing
alcohol that led to drunk driving. She later drove on the
Seward Highway and during an alcohol -induced blackout was not
even aware that she killed someone.
3:40:31 PM
REPRESENTATIVE CRAWFORD recalled a recent DUI death, in which
the offender blacked out and did not recall the incident. In
the instances in which alcohol is taken out of the equation, the
offender might get his/her life straightened out and this bill
might help provide a tool. He suggested that he does not want
to intrude in people's lives, but at the same time would like to
prevent unnecessary deaths.
3:41:40 PM
CHAIR OLSON related Shirley Gifford's law enforcement
background.
3:42:36 PM
REPRESENTATIVE NEUMAN asked whether laws prevent chronic
alcoholics from breaking the law.
SHIRLEY GIFFORD, Director, Alcoholic Beverage Control Board
(ABC), Department of Public Safety (DPS), began by stating she
has 28 years of law enforcement experience. Alcohol has caused
a lot of heartache in the state. She characterized enforcement
as a critically important part of the equation, as well as
recognizing the important components of education and
prevention. The ABC Board regulates the licensees. It is a
huge problem, but agreed with the bill sponsor that it can be a
scourge.
3:45:08 PM
REPRESENTATIVE NEUMAN did not disagree. He related that it is
more of a philosophical issue for him with respect to creating
an additional law.
3:45:41 PM
REPRESENTATIVE LYNN offered his belief that this bill is about
keeping convicted drunk drivers off the street and is not about
curing alcoholism. Medical intervention may help but this bill
is designed to keep drunk drivers off the street.
WHITNEY BREWSTER, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), explained that currently the
DMV identifies and restricts a person from purchasing alcohol,
as a condition of sentencing for a DUI, by placing a bright red
stripe across their Alaska driver's license. Estimates for the
fiscal note were based on the Alaska Justice Statistical
Analysis Center (AJSAC), but unfortunately it was difficult to
determine the number of alcohol related incidents. The AJSAC
has a relational data base that is comprised of merged data from
the Alaska Court System, the DPS, and the Department of
Corrections. In 2007, 104,256 instances were identified in
which alcohol was suspected as a factor, not including
bootlegging or selling substances, but someone was under the
influence during the time the crime was committed. The DMV took
approximately 40 percent of the incidents, which is represented
in the fiscal note. The number could be higher or lower, but
absent data this is a starting point.
3:49:42 PM
MS. BREWSTER explained the process the DMV uses to process
license restrictions imposed by the court. The DMV receives a
hard-copy paper judgment from the court with the alcohol
restriction hand written on the document. The DMV and court
records are not automatically linked. Thus, when someone is
convicted of a crime and an alcohol restriction is imposed, the
DMV receives the judgment, and must ascertain the restriction
and manually enter the data into the record. Additional
resources would be needed if the volume is high, at least until
electronic data is available. She emphasized that absent
electronic submission of the records, the courts do not have
method to mesh with the DMV's data system, which is antiquated.
3:51:06 PM
REPRESENTATIVE LYNN understood that the law is already in place
that requires the red stripe be applied to the driver's license,
for conviction of a felony alcohol offense. This bill simply
doubles the fine, but the person has already been identified in
the system. The warning banner is already in place. Nothing in
the bill requires the DMV to do anything additional, since the
bill creates an incentive for clerks to check the license and
seize the license.
3:52:19 PM
MS. BREWSTER responded that the bill broadens the offenses to
any third offense of alcohol-related crimes. Currently, the DMV
only restricts DUI offenders, but under the bill any crime where
alcohol is a contributing factor would require a restriction.
3:52:56 PM
REPRESENTATIVE HOLMES referred to page 3, lines 21-31 of HB 283,
that broadens the offenders covered under this bill. It
basically adds two situations. She pointed out that on page 3,
line 25, that if a person is convicted of a felony, and the
court finds by clear and convincing evidence that the defendants
conduct constituting the offense was substantially influenced by
the consumption of alcoholic beverages; or in subsection (b),
must be convicted of a misdemeanor, but must have two prior
misdemeanors, and using the fairly high standard of clear and
convincing evidence, that there is reason to believe that
imposing the requirement that the defendant refrain from
consuming alcoholic beverages is necessary to protect the
public. She offered that as a pretty high burden. She
understood the challenges of the DMV since the state does not
know how many cases this would involve. However, she thought
that a judge will not impose this restriction in all cases so it
seems that a 40 percent rate is an overly generous prediction of
the frequency.
3:54:53 PM
REPRESENTATIVE CRAWFORD understood that only about 100 to 200 of
the frequent offenders take up a great percentage of police law
enforcement efforts. Once the driver's license is issued it
does not need to be reissued. He could not imagine 40,000
Alaskans have committed a felony or repeat misdemeanor each year
or a high percentage of the population of 680,000 Alaskans would
be involved. He offered his belief that the number is far less.
He asked how many licenses have been issued to date, and whether
there is a deficit for the DMV since it receives a $50 fee.
3:57:04 PM
MS. BREWSTER offered that currently the DMV has 2,133 restricted
Alaska Drivers' licenses on file.
3:57:23 PM
REPRESENTATIVE CRAWFORD, in response to Representative Neuman,
related that once the DMV issues a license, the red stripe is
there, and the license is not reissued.
REPRESENTATIVE NEUMAN expressed concern with $2 million DMV
fiscal note. It seemed to him that $2 million would go a long
way to help with prevention.
MS. GIFFORD responded that is a tough question. She stands on
the belief that law enforcement, prevention, and programs are
all necessary. We are always trying to find ways to make it
easier to apprehend the few people who commit most of the
crimes. She related that catching perpetrators is her job, so
she has a bias towards implementing laws that assist law
enforcement. This bill also provides an incentive for
employees. She said she can say that since the restricted
license law went into effect, anecdotally, other forms of
identification are being presented such as passports and other
forms of identification such as military identification. She
speculated that given the 2,133 restricted licenses, there is a
good chance that some users are attempting to us alternate
identification. She thought HB 283 gives enforcement a little
help.
4:02:22 PM
REPRESENTATIVE NEUMAN remarked that $2 million in enforcement
could also help.
REPRESENTATIVE CRAWFORD explained the fiscal note for the DMV.
He related that the fiscal note is for $140,000 in expenses, and
$2 million in revenue. He stressed that he could not imagine
40,000 restricted licenses would be issued, but the increased
licenses would also be a positive revenue flow for the DMV.
4:03:39 PM
REPRESENTATIVE LYNN asked about out-of-state drivers. He asked
whether people disclose DUIs from other states.
MS. BREWSTER answered no.
REPRESENTATIVE LYNN related perhaps that could be addressed in a
future bill.
MS. BREWSTER remarked that would likely be helpful.
4:04:53 PM
REPRESENTATIVE T. WILSON asked whether the $50 fee to cover the
restricted driver's license is enough or if a higher fee should
be considered.
MS. BREWSTER answered that the fee was established by the
legislature and a typical fee to issue a driver's license is a
fee, but the fees are deposited to the GF and not the DMV.
4:06:09 PM
BONNIE HAYS stated that she is an Anchorage resident and is a
convicted drunk driver. She said she has an Alaska Driver's
License with a red stripe across its face. First, this license
does not stop her from buying alcohol as clerks will sell to
her. When she first got her restricted license she showed the
license to clerks at the stores she usually shopped at and they
will no longer sell to her. She said when she relapsed she
sought out other liquor stores and was not asked as she is 45
years old, looks like a professional and does not look like a
drunk driver. She said, "This law is a good law." She is
typical of most alcoholics that she slowly went from an abuser
of alcohol to an alcoholic addict. She said that has been
through treatment, attends Alcoholics Anonymous (AA) meeting,
and has counselors. She has researched and found treatment
works in four percent of the population. She is in school, is
studying prevention and education of substance abuse. However,
she is in and out of recovery and in and out of relapse. She
said she has had many years of sobriety, but when she relapses,
she drinks.
4:08:04 PM
MS. HAYS said:
I cannot handle my alcohol. I have one drink and it
leads to another. The cravings sometimes are
insatiable. I was in Wal-Mart just last week ... I
saw the liquor store in Wal-Mart and something
triggered and I actually went in there. They wouldn't
sell to me because I would not show them my [Alaska]
driver's license with the red stripe. And I walked
out and I stayed sober. It's so easy to ask me, "Do
you have a driver's license; do you have ID?" because
most of them do. And when they ask me that, I simply
walk away and I don't drink. And I don't get behind
the wheel of the car. But when I relapse, and it will
happen; I can only guarantee that I'm sober right now
and I'm sober today. I can't guarantee that I'm not
going to drink next week. I can't guarantee that I'm
not going to drink and get behind a wheel of my car
and kill somebody. For those of you that have family
here in Anchorage, you should be worried because I'm
typical. I don't want to be an alcoholic. I don't
want this. I struggle with it daily. And most of the
time, I win; ... I go to my AA meetings or I go to
treatment, or I go talk to my counselor and I'm okay.
But sometimes this disease just kicks my butt and it
just gets the better of me.
4:09:25 PM
MS. HAYS recalled hearing a comment that the few ruin it for the
many. She then said:
We're not talking about riding a four-wheeler on
someone's lawn. We're talking about getting behind
the wheel of a car and killing someone like Laurie
Phillips did. I'm ashamed to tell you this, but three
days after Laurie Phillips did this - and this has
nothing to do with Laurie Phillips - I drove drunk. I
drove in a blackout. I had to be told the next day
where I actually drove my car. And it's because I'm
an alcoholic and I have a disease. And I was in
relapse. And again, I'm very typical. They say, and
this is a cliché, it takes a village to raise a child.
Well, you know what: it takes a village and it takes
a community to stop drunk drivers. If only 4 percent
of people successfully complete a recovery treatment
and stay sober, then maybe we should spend the other
96 percent and focus on prevention because prevention
does work. If you can prevent me from drinking I'm
not going to get drunk. I'm not going to get behind
the wheel. I'm actually taking a class right now
called substance abuse, prevention, and education. I
showed them my license last week. We're having a
discussion about this because prevention does work.
There is a gal in my class and she lost her license
and she'll be getting it back, here, next year. She
didn't know about this red stripe and I showed it to
her and I told her. I said this stops me, most of the
time, from buying alcohol and drinking. And her face
lit up. She said: "I'm going to have that on my
license, won't I?" And I said: "You will." And she
was happy because of the same reason when I got my
license I was so happy ... I showed it to everybody
because I knew that this is just one more tool; this
is one more thing that was going to keep me sober.
And if I drink I'm going to die; alcoholics if we
don't stop drinking, we die and sometimes we take
other people along with us.
4:11:25 PM
CHAIR OLSON commented that she gave the most compelling
testimony he has heard.
4:11:40 PM
REPRESENTATIVE LYNN agreed.
REPRESENTATIVE CRAWFORD thanked Ms. Hays.
4:11:48 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 283.
4:12:04 PM
REPRESENTATIVE LYNN moved to report HB 283, out of the House
Labor and Commerce Standing Committee with individual
recommendations and the accompanying fiscal notes.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB283 Ver E.pdf |
HJUD 2/11/2010 1:00:00 PM HL&C 1/27/2010 3:15:00 PM |
HB 283 |
| 02 HB283 Sponsor Statement.pdf |
HJUD 2/11/2010 1:00:00 PM HL&C 1/27/2010 3:15:00 PM |
HB 283 |
| 03 HB283 Sectional Analysis.pdf |
HJUD 2/11/2010 1:00:00 PM HL&C 1/27/2010 3:15:00 PM |
HB 283 |
| 04 HB283-DOA-DMV-01-26-10.pdf |
HJUD 2/11/2010 1:00:00 PM HL&C 1/27/2010 3:15:00 PM |
HB 283 |
| 05 HB283-LAW-CRIM-01-26-10.pdf |
HJUD 2/11/2010 1:00:00 PM HL&C 1/27/2010 3:15:00 PM |
HB 283 |
| 06 HB283-DHSS-ASAP-01-26-2010.pdf |
HJUD 2/11/2010 1:00:00 PM HL&C 1/27/2010 3:15:00 PM |
HB 283 |