Legislature(2001 - 2002)
04/05/2001 08:05 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 200-DRUNK DRIVING VICTIMS REMEMBRANCE DAY Number 0632 CHAIR COGHILL announced that the next order of business would be HOUSE BILL NO. 200, "An Act establishing July 3 as Drunk Driving Victims Remembrance Day." Number 0669 HEATHER NOBREGA, Staff to Representative Norman Rokeberg, Alaska State Legislature, came forward to testify on behalf of Representative Rokeberg, sponsor of HB 200. She explained that HB 200 would establish July 3 as Drunk Driving Victims Remembrance Day. The date is just before the major Fourth of July holiday weekend when there are many accidents related to drunk driving. It also is the day that Jessie Withrow was killed last summer. Alaska would be the first state in the union to establish such a day and it would be a great way to remember the victims of drunk driving. She said the sponsor hopes to bring awareness of the problem by creating this day and it will be recognized in several ways, which Mothers Against Drunk Driving will describe. Number 0775 CHRISTINA TALBOT came forward to testify. She said she met Jessie Withrow in high school, that they had been friends for about seven years, and "I'm going to get all weepy here." Jessie was always very involved in community service and working for people's rights and changing things, and working for the future of the State of Alaska, Ms. Talbot said. "I was always really impressed by her," she said, even though she didn't realize the kinds of things Jessie did until after she died because Jessie "didn't make a big deal about it." MS. TALBOT said drunk driving is a huge problem in this state and in this country, but it is not something people think about until somebody they know is killed. She said that like most people, she didn't think about it. "Then I lost Jessie, and suddenly it was really a personal problem," she said. MS. TALBOT continued: So what I hope is that when you bring the flag down l ..., people will look at it and say, "What happened? Why is this flag down? What happened that we lost something that was so important to the State of Alaska that we had to lower the flag?" In losing people, we are losing our future. Jessie wanted to come back and live in this state and work for it. And we're using young people all the time. We need to let people know, make them aware that this is a problem that we need to work on and it needs to be changed. So I'd really like to see this bill passed because I believe that when people look at the flag, they will look around and they will ask people what happened, what is so important, and what is causing this huge sorrow for the State of Alaska. Thank you very much. Number 0941 CHAIR COGHILL expressed appreciation for Ms. Talbot's coming before the committee to honor not only her friend, but also to warn Alaskans, which he thinks is totally appropriate. Number 0963 REPRESENTATIVE FATE said he thinks all share the concern, but why choose the day just before the one on which we celebrate independence and freedom in the nation? MS. TALBOT said it is a day when a lot of people go out and start drinking to celebrate the Fourth of July, "and it's an important day, and that's part of why it's important to have it on that day, because people will be looking at the flags ..., and also because it is the day when many people do go out and they use alcohol as part of the celebration and we'd like to encourage then to think about that before they go out and get drunk." Number 1043 REPRESENTATIVE FATE asked if the proponents had considered that it might detract from the day that the nation celebrates its freedom. MS. TALBOT said that was a concern, but she did not believe that it will. "We're not trying to take away from the Fourth of July," she said. "We just want to remind people that everyone should have a chance to celebrate it." Number 1096 BRIAN CLARK came forward to testify. He said Christina is his fiancée and Jessie was also a very good friend of his, and he wished to add his support to this. He showed the committee pictures of Jessie and said he thinks it is very important to have a day like this that is focused on the people who have been lost. He continued: So much of the discussion of the drunk driving issue has been focused as it must be on the offenders, but we need also to remember the people who have been taken from us whose stories have been brought to such a tragic and preventable end. These pictures are memories of Jessie because that's all that we have, and her memory doesn't belong -- and can't be allowed to belong -- to the man who took her from us. And so I'd like to see is have a day that is dedicated to the remembrance of these people whose potential could so have enriched our lives and [who] will never have a chance. I think that it's appropriate on the day when we are preparing for our celebrations that people should have ... a moment's thought on the possible consequences of one bad decision, one irresponsible action,; [that it] will make people ... prepare to celebrate a little bit more responsibly and maybe they'll remember to think about taking keys from people that are participating in their celebrations and all the other little things and then go on the Fourth of July and have a great time. But it's a very dangerous time of year. It's a holiday when a lot of people drink at a time in the year when up north, as we are, it's light all night and so people think, "Hey, why not go out and hit the road." and so I think that it's an excellent time for prudence. Number 1262 CHAIR COGHILL observed that many people have had friends who died in similar circumstances, "and, in fact, my own brother died on the third of July." Number 1304 CINDY CASHEN, Mothers Against Drunk Drivers (MADD), came forward to testify. She said: MADD feels HB 200 would activate a useful tool in preventing drunk driving by bringing to our fellow Alaskans' attention the dangers of drunk driving through ceremonial events. The lowering of our flag draws our attention. We wonder why the flag is at half-mast and we talk about it with others. MADD holding a candlelight vigil on that day, placing announcement in public areas, are effective ways of reminding ourselves not to drink and drive. I am here before you this morning because I speak not only on behalf of MADD but also on behalf of the victims who are no longer here and those who are left behind. On April 19, my father, Ladd Macaulay, along with his boss, Martin Richard, was killed by a drunk driver. The drunk driver has had a prior conviction in 1992, but records show he was unable to attend his treatment because of the waiting list. His blood alcohol content was .258. He had had a hard day at work and felt he deserved a few drinks. While we were reeling from the shock of his death, our family as well as other families across this state watched in horror as victim after victim fell to drunk driving. Drunk driving knows no discrimination. After Dad and Martin were killed on April 19, Donna Hobson, a grandmother walking with her husband on a bike trail, was thrown 20 feet into a pond when she was struck by a drunk driver, With her husband pleading for help, the drunk driver refused and ran as Mr. Hobson's wife lay near death. As of this date, Donna suffers from chronic and intense pain. July 2: On Chena Hot Springs Road, there are the crosses of six people killed when an eastbound pickup crossed the centerline and struck two other vehicles, one of them head-on. The 39-year-old driver died instantly along with his three passengers, He also took the lives of Christopher McFadden, 21, and Bruno Gugliemi, 24, as they were driving to a restaurant with their young wives. On July 3, a young woman, Jessie Withrow, was bicycling on a Minnesota Drive sidewalk in Anchorage when she was struck and killed by a drunk driver. The driver, who already had six DWI convictions, also had a 2-year-old in the truck with him. After admitting to drinking four beers and two shots, a 48-year-old drunk driver drove his truck the wrong way down a one-way street on Northern Light Boulevard in Anchorage on July 5, two days later. The drunk driver hit a Ford Escort head-on. causing the passenger, Gloria Steelman, 19, massive head injuries and Jacqueline Fetherolf, 20, the driver, also injuries. The drunken driver had five previous DWIs .... On July 12, one week later, the grandparents of 11- year-old Kenneth Kramer and his cousin, 15-year-old Kevin Blake, intended to take the boys fishing. Grandpa David Glazen let Kevin drive as he had received his learner's permit recently. Kenneth was seated directly behind his cousin when a drunk driver rammed into them, killing both boys instantly. The grandparents survived, but wished they had died instead of their grandsons. The drunk driver had earlier driven his vehicle into Portage Lake, had been pulled out by a tow truck driver, and had gotten back into his truck and driven off. Kevin's last words to his grandmother were, "What is that man doing, Grandma?" as the drunk driver bore into them. The drunk driver's blood alcohol content was .175. This was his first DWI. On September 3, a 29-year-old intoxicated woman struck and killed her friend and then fled the scene in Unalaska. After six weeks of investigation, police determined the drunk driver had lied about the injuries of her friend, Robert Shapsnikoff, that she indeed played a part in his death by running over him with her truck. On September 30, 17-year-old Heather Dowdy was killed after suffering numerous injuries when struck on the Old Steese Highway. The 32-year-old Fairbanks drunk driver had a blood alcohol content of .29 and had slid his truck into oncoming traffic, killing Heather, a Lathrop High School student. On October 14, a 28-year-old Wasilla man, Chris Moore, was killed when the vehicle he was driving rolled over. October 4, in Anchorage, a husband and wife were severely injured when their Harley Davidsons were struck by a drunk driver who had six prior DWIs. The drunk driver tried to escape but was caught by Mark and Tammy Thorn's friends. Tammy almost died from internal injuries, and was hospitalized along with her husband and two other victims at Providence hospital. I don't need to explain to you the devastation this has caused, not only to the friends and families of these victims, but the rest of our state. We are all horrified by the unnecessary bloodshed that occurred this past summer. July 3 was the date Jessie was killed. Jessie's death was in the middle of all the heartbreaking days of last summer. Jessie's death happened during our nation's celebration of freedom and liberty. It is ironic she lost hers, but it is appropriate we pick her day as a day of remembrance. Alaskans need to protect ourselves from ourselves. We need to be constantly and on a regular basis be reminded not to drink and drive. We need laws passed to protect our children, our parents, our grandparents, our friends, and our co-workers. We don't want any more stories like Ladd, Martin, Donna, Jackie, Christopher, Bruno, Jessie, Gloria, Jacqueline, Gloria, Kenneth, Kevin, Robert, Heather, Chris, and Tammy's. By having a drunk driving Remembrance Day, we can save the lives of those who might otherwise die, such as Jessie, needlessly in painfully. Through actions such as lowering our flags, producing public announcements, holding candlelight vigils, we bring attention and awareness to celebrate life in a safe manner. MADD strongly supports this bill and as a victim, I do as well. Thank you for your time. Number 1769 MS. CASHEN added that the wording "traffic accident" is used in the language of HB 200. She said MADD is adamant about not using the word "accident" in drunk driving cases, because the group does not consider these to be accidents, but crimes. She urged the committee to consider making an amendment to change that language to something other than "accident." CHAIR COGHILL suggested the word "incident." MS. CASHEN said anything but "accident" would be acceptable. Number 1825 PAM WATTS, Executive Director, Advisory Board on Alcoholism and Drug Abuse, came forward to testify. She said the advisory board encourages support of HB 200. The group believes this legislation will help Alaskans remember the true high cost that society pays for the negative consequences of alcohol. She testified: The board believes we all have a responsibility to do what we can to reduce the incidence of drunk driving injuries and fatalities. Legislation to increase access to substance abuse treatment, to increase penalties for drunk driving, and other alcohol related offenses ... and to increase the taxes to more closely reflect the financial burden Alaskans bear will not fully compensate for the loss to families and friends of drunk driving victims. We encourage your support. MS. WATTS said she appreciates the concern about having this day be the day before the Fourth of July. "I certainly am a strong supporter of veterans, having been a readjustment counseling therapist for about five years for the Veterans Administration," she testified. Although the loss of lives because of drunk driving is not the same as the loss of lives on the battlefield, she said, "I think that the true loss in terms of sheer numbers to drunk driving of the lives of Americans is staggering as well. So I would encourage your support to recognize July 3 as Drunk Driving Victims Remembrance Day." Number 1947 CHAIR COGHILL noted that the subject is a troubling one to have to consider, and he wanted to make sure that the emotional nature of the issue does not prevent having an open discussion on this. Number 1974 REPRESENTATIVE HAYES asked why advocates decided to have a day instead of a week or a month, and why they decided to pursue this as a bill rather than as a resolution. MS. NOBREGA said she could not answer either of those questions, but could find out. Number 2016 MR. CLARK said he had participated in the formation of HB 200, and the reason for presenting this as a bill rather than as a resolution is that a resolution would only establish the day for the year. The idea behind this as a bill is for the State of Alaska to take ownership of this problem and to recognize it on an annual basis, he said. Number 2063 REPRESENTATIVE JAMES volunteered that her head "is just kind of churning here" listening to Cindy Cashen's enumeration of all of the drunk driving accidents. She said she is very supportive of doing this, and she thinks the real benefit is that it gives those folks who have lost someone a time to think about that and to get the message out. She does not have problems with the date, July 3. She added: I just wanted to put on the record that I sat through committee after committee after committee of people just reaching and stretching and searching for a way to solve this problem, and quite frankly, I have little faith that any of those methods is going to stop the particular kind of folks that cause these accidents. ... We can, however, I believe, stop young people from getting involved in alcohol consumption in the beginning. We can encourage people to be responsible. ... Every little thing we do helps. REPRESENTATIVE JAMES also expressed concern about inconveniencing law-abiding citizens in the effort to curb offenders. "We have to come up with something better," she said. "And I'm perfectly happy to support this. I think it's a good idea." She suggested the observance could even be expanded to include other victims of the misuse of alcohol, not just those involved in traffic incidents. Number 2331 REPRESENTATIVE FATE asked if anyone knew on how many days the Alaskan flag flies at half-mast. "First," he said, "let me say that I completely concur with the desire here ... but this is public policy ... and I take this very, very seriously. The flying at half-mast does bother me a little bit as it relates to other events where our flag must fly or doesn't fly at half- mast." He said he thought Representative James had a good suggestion, since many boating accidents and drownings are caused by alcohol, and they often occur around major holidays in summer such as the Fourth of July. He noted that other controlled substances are a problem in Alaska, and he worries about those, too, being involved in these accidents. "I just have a problem," he said. "not with the subject matter, but with the public policy of the half mast." He also expressed concern about the possibility of detracting from the Fourth of July. Number 2469 CHAIR COGHILL asked Ms. Nobrega if there had been any research done or consideration of other dates. MS. NOBREGA said she did not know. Number 2490 CHAIR COGHILL noted that his staff was working with the governor's office to find the answer to Representative Fate's question about the occasions when the state flag flies at half- mast. Number 2499 REPRESENTATIVE STEVENS said he supports HB 200. The flag often is lowered when somebody on a state level dies, but he thinks it often does not have much impact. He thinks the comment that people may ask and have some learning experience is valid. He said what is important about lowering the flag on July 3 is that it become a focus for other activities, and he asked what else is going to happen then. Number 2554 MS. CASHEN said MADD considers lowering the flag to be an educational tool. The organization is not looking at the chronic drunk driver and does not expect this to affect that person. "What we are looking at, instead, is our youth, our children," she said. MADD plans to hold candlelight vigils, make public announcements, and participate in community Fourth of July activities, especially those for children. "We would do this in a positive manner," she said. "We wouldn't say, 'Don't drink and drive!' We would say, 'MADD encourages you to have a safe and happy holiday.' MS. CASHEN said it attracts children's attention when the flags are at half-mast. MADD would capitalize on that and use the news as an educational tool to say, "This is a day of remembrance for those who have died due to alcohol. We encourage you to have a safe and happy holiday." MS, CASHEN continued, "The Fourth of July is in my viewpoint the biggest holiday, the most celebrated holiday in Alaska. I know it is in my town, in Juneau. We don't want to take away from that celebration; we want to add to it. Alcohol abuse does not add to it; it detracts." Focusing on July 3 as a day of remembrance would be a positive, educational tool for the children, the state's future drivers, she said. She concluded: Our goal is that by the time these children get their drivers license, they don't think of drinking and driving in the same sentence. Flying the flag at half mast on a day before we celebrate our liberty has great meaning, and we would like to take that and use that on an annual, regular basis to teach our youth how to have a safe and happy holiday. MADD is not against drinking. We're against drinking and driving, and we're against underage drinking. CHAIR COGHILL added, "As a matter of policy, so is the State of Alaska." Number 2715 REPRESENTATIVE WILSON said she thinks it would be a positive and timely thing to have the day of remembrance on July 3. Drinking is the number-one challenge in Alaska, and although chronic abusers of alcohol probably are not going to be affected, she thinks this will say something. It can be a very positive thing that everybody will hear, and she is going to vote for it. Number 2788 CHAIR COGHILL said he had heard from Bob King in the governor's office that the state flag is lowered about six times a year for occasions other than a specific person's death, so it apparently is state policy now, although he had not been aware of it. Number 2813 REPRESENTATIVE CRAWFORD said he is in complete agreement with HB 200. He would like to see the word "accident" changed to "crime" in the bill, which "shines a laser light on the problem"[of drunk driving}. He stated his belief that the bill should be moved with the conceptual amendment to change "accident" to "crime". He did not think it was a good idea to diffuse it by adding other alcohol-related concerns, he added. Number 2876 REPRESENTATIVE JAMES said she certainly understands the problem of drunk driving but she is still enumerating in her mind all of the other victims, including children, of what she calls "the dead drunk." Just focusing on drinking and driving doesn't get to the problem, which is that excessive drinking is wrong. She said she would vote for HB 200, but still feels a pang about not dealing with the real problem. Number 2955 CHAIR COGHILL declared a brief at-ease at 9:51 a.m. The meeting was called back to order at 9:52 a.m. CHAIR COGHILL proposed amending HB 200 by changing the language on line 6, striking the word "accident" and replacing it with the word "incident". He said the criminal action was implied. TAPE 01-34, SIDE B Number 2962 REPRESENTATIVE CRAWFORD asked if there would ever be a time when driving over the .10 [blood alcohol concentration level] wasn't a crime. "What we're trying to do here is tell the truth, and driving drunk is a crime, period," he said, adding that he thought the word used should be "crime". Number 2938 REPRESENTATIVE JAMES mentioned recognizing people who were gravely injured, saying she did not know how broadly or narrowly the bill should be focused. She did not have a problem with the language. Number 2864 REPRESENTATIVE STEVENS noted that the way in which the first sentence bill is worded would mean that the death of a drunk driver also would be commemorated. MS. CASHEN explained that MADD considers a drunk driver who is killed to be a victim, too. She added that it would please MADD if the language involved the drunk driving "victim," which includes those who are living as well as those who have died, and also "crime," because drunk driving is a crime, "and we need to teach our children it's a crime," she said. "It's not an incident. It's not an accident. It's a crime." REPRESENTATIVE JAMES said she likes that wording. Number 2757 REPRESENTATIVE WILSON remarked, "If we're going to go to the trouble of doing this, we really need to make a statement here ... by saying a 'crime,' a 'traffic crime involving a drunk driver victim,' because it is a crime to drive drunk, period." Number 2734 CHAIR COGHILL indicated willingness to withdraw his motion. He said there is no doubt that any time there is a death involved, it is a serious matter. However, there are incidents in which there is no criminal proceeding, and he thought that should be left to the courts. REPRESENTATIVE WILSON asked where HB 200 goes next. Number 2690 CHAIR COGHILL determined that HB 200 next goes to the House Rules Standing Committee. He said he was willing to hold it for further discussion because he would like to know what the other six days are for which the state flag is lowered. Number 2674 REPRESENTATIVE CRAWFORD maintained that he believes "crime" is the proper word to use and would like to make that conceptual amendment, to read, "as a result of a traffic crime involving a drunk driver". REPRESENTATIVES FATE and HAYES objected. Number 2625 REPRESENTATIVE FATE said he wanted to have a clear statement from the Legislative Legal Division about the appropriateness of using the word "crime." He thought it was taking jurisdiction away from the courts in establishing criminality. Stating that he was basically in favor of the bill, Representative Fate said he wanted to be assured that it would not face a lot of litigation in the future or encounter problems in the Senate. Number 2590 REPRESENTATIVE HAYES expressed concern about using the word "crime." He said he would like the bill to have a House Judiciary Standing Committee referral. He said the House State Affairs Standing Committee could make the public policy call, but that there were judicial areas that should be addressed, too. Number 2560 REPRESENTATIVE JAMES said she understood "where Representative Fate is coming from on this issue, because our basic principle in this nation is that we're innocent until proven guilty...." She wondered if by putting in the word "crime" the committee might be eliminating some of the deaths that it wants to include. She said she does like the language that Cindy Cashen proposed, and what she would really like to do is refer HB 200 back to Chair Coghill and have him return with a committee substitute (CS) that meets the concerns expressed. Number 2469 REPRESENTATIVE CRAWFORD said he would like to withdraw his amendment and enter another amendment "where we just delete 'a traffic accident involving' and that way it would be, 'as a result of a drunk driver'." He said he would like to ask Ms. Cashen if that would be acceptable to her. CHAIR COGHILL restated the amendment as follows: Page 1, line 6: Delete "traffic accident involving a" Therefore, the language would read: "commemorate the individuals who died as a result of a drunk driver". Number 2420 MS. CASHEN suggested the following language: "to commemorate the victims of drunk driving." She thought that might satisfy Representative Fate, since it takes out the word "crime" and puts the emphasis on the victims of drunk driving. REPRESENTATIVE CRAWFORD said that would be fine with him. Number 2394 MS. CASHEN provided two other pieces of information. She said April is Child Abuse Month, so there already is special recognition of the role of alcohol in relation to that problem. Also, the dates the Alaska flags are flown at half-mast are April 9 in honor of Prisoners of War and those Missing in Action, November 9 in honor of women veterans, December 7 for those who died in the attack on Pearl Harbor, and June 3 for individuals who died in the attack on Dutch Harbor. CHAIR COGHILL asked if there was any objection to the amendment with Ms. Cashen's suggestion incorporated, which would read "to commemorate the victims of drunk driving." Number 2334 REPRESENTATIVE WILSON objected. She asked that it be "checked out." CHAIR COGHILL noted that the committee had spent a full hour on HB 200, and that even the public policy issue of flying the flag at half-mast still needed to be discussed. He set the bill aside to the call of the chair and indicated willingness to work on it with anyone who wished to do so. [HB 200 was held over.]
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