Legislature(2001 - 2002)

04/12/2001 08:14 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 200 - DRUNK DRIVING VICTIMS REMEMBRANCE DAY                                                                                
                                                                                                                                
Number 2778                                                                                                                     
                                                                                                                                
CHAIR COGHILL  announced that  the next  item of  business before                                                               
the committee would  be HOUSE BILL NO. 200,  "An Act establishing                                                               
July 3 as Drunk Driving Victims  Remembrance Day."  He put before                                                               
the committee a committee substitute [Version C].                                                                               
                                                                                                                                
REPRESENTATIVE  FATE moved  the adoption  of [Version  C] as  the                                                               
working document before the committee.                                                                                          
                                                                                                                                
Number 2807                                                                                                                     
                                                                                                                                
CHAIR COGHILL  said he took out  the portion of HB  200 mandating                                                               
that the flag be lowered, as  it is his personal feeling that the                                                               
section would set  a precedent that he was not  sure he wanted to                                                               
set.    He  explained  that  he did  not  want  to  diminish  the                                                               
remembrance of the  drunk driving victims, "but  every other time                                                               
we  lower the  flag by  statute in  Alaska, it's  with regard  to                                                               
veterans or  police who  have lost  their life  in service."   He                                                               
said that  he does not want  to diminish the tragedy  of the loss                                                               
of  other victims,  but "I  think if  we start  down the  road of                                                               
lowering  the flag  for every  one,  we will  end up  diminishing                                                               
that," he said.  So he was  reluctant to put the flag lowering in                                                               
statute as  HB 200 proposes.   Instead, his CS asks  the governor                                                               
to  make  a proclamation  to  commemorate  Drunk Driving  Victims                                                               
Remembrance Day,  and the governor  can lower  the flag as  he or                                                               
she wishes.                                                                                                                     
                                                                                                                                
Number 2869                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD objected to adopting  the CS.  He said he                                                               
thinks the  flag lowering does  not diminish anything  and raises                                                               
awareness,  and that  the  original  bill is  the  proper way  to                                                               
memorialize the victims of drunk driving.                                                                                       
                                                                                                                                
Number 2895                                                                                                                     
                                                                                                                                
CHAIR COGHILL  said his intent  was not to dishonor  anybody, but                                                               
to  raise the  level of  honor by  making the  governor do  it by                                                               
proclamation.   He said  he thought that  would result  in better                                                               
publicity than doing so by statute.                                                                                             
                                                                                                                                
REPRESENTATIVE  JAMES  said  she   tended  to  agree  with  Chair                                                               
Coghill.   She said  she did  not wish to  demean the  people who                                                               
have worked so hard on HB 200 and  to whom it means so much.  But                                                               
she thinks there  are a lot of ways that  would be more effective                                                               
than a  statutory flag lowering to  get out the message  of Drunk                                                               
Driving Victims Remembrance Day.   "I think the proclamation does                                                               
it," she said.   She thinks if  the people who are  behind HB 200                                                               
request it, once the legislature has  this day set in statute, it                                                               
is likely that the governor would lower the flag.                                                                               
                                                                                                                                
TAPE 01-38, SIDE B                                                                                                              
                                                                                                                                
REPRESENTATIVE JAMES  also concurred with Chair  Coghill that the                                                               
governor's  making  the  proclamation  in a  press  relapse  will                                                               
prompt more media  coverage than if the  legislature mandated the                                                               
flag-lowering "and it just happened."   She said she supports the                                                               
CS and hopes the proponents will  be comfortable with this way of                                                               
commemorating their loss.                                                                                                       
                                                                                                                                
Number 2915                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD asked:                                                                                                  
                                                                                                                                
     What's wrong  with us  making a  stand and  making this                                                                    
     statement here  that we believe that  ... drunk driving                                                                    
     is wrong  and do everything  in our power to  make that                                                                    
     statement as  strongly as we  possibly can?   Why would                                                                    
     we  have to  wait on  the governor  to lower  the flag?                                                                    
     Why  can't  we as  a  legislature,  as a  policy-making                                                                    
     group, say  that this is  something that we  feel rises                                                                    
     to  the level  that we  need  to moralize  it and  make                                                                    
     people aware of  it.  I believe that this  is the least                                                                    
     that we can do.                                                                                                            
                                                                                                                                
CHAIR  COGHILL said  he  appreciates  that and  thinks  it is  an                                                               
excellent  point.    "We  are  asking  the  governor  to  make  a                                                               
proclamation," he said, "and I  think that ... the precedent that                                                               
I'm reluctant  to set could  eventually diminish that  very thing                                                               
that you're trying to do."                                                                                                      
                                                                                                                                
Number 2872                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON said:                                                                                                     
                                                                                                                                
     This is a very difficult  decision to make just for the                                                                    
     fact that we  don't want to diminish in  any way what's                                                                    
     happened and  the fact that  the people that  have come                                                                    
     here and  worked real hard  to the end that  this could                                                                    
     happen.  But I do agree  with you.  Right now, the only                                                                    
     time  the  flag  has  been lowered  ...  is  when  it's                                                                    
     connected  with  some kind  of  a  veteran type  thing,                                                                    
     right?                                                                                                                     
                                                                                                                                
CHAIR COGHILL clarified that the  flag is lowered by statute only                                                               
for  that type  of observance.    However, there  are many  other                                                               
times  that  it is  lowered  by  proclamation  for a  variety  of                                                               
different people and events, he said.                                                                                           
                                                                                                                                
REPRESENTATIVE  WILSON also  expressed  concern  about setting  a                                                               
precedent.   While  she acknowledged  that  remembrance of  drunk                                                               
driving victims  was a  very good reason  for lowering  the flag,                                                               
she pointed  out that other  groups could request the  same thing                                                               
and  "you could  see  the flag  lowered so  many  times that  ...                                                               
people don't even  think it's a big deal."  While she understands                                                               
that to be the policy issue,  she said she is really torn because                                                               
she can see both sides.                                                                                                         
                                                                                                                                
Number 2772                                                                                                                     
                                                                                                                                
CHAIR COGHILL  concurred that it  is an emotional issue.   "We're                                                               
doing it over people who have  at random been killed and who have                                                               
become  true victims,"  he  said.   He repeated  that  it is  not                                                               
intent to diminish that at all.                                                                                                 
                                                                                                                                
Number 2740                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE moved  to report  HB 200  as amended  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE CRAWFORD maintained his objection to the CS.                                                                     
                                                                                                                                
A roll  call vote  was taken  on the  CS.   Representatives Fate,                                                               
James, Stevens, Wilson,  and Coghill voted for the CS  to HB 200.                                                               
Representatives Crawford  and Hayes voted  against the SC  for HB
200.  Therefore, the CS to HB 200 was adopted.                                                                                  
                                                                                                                                
There being  no objection,  HB 200  as amended  moved out  of the                                                               
House  State Affairs  Standing Committee.   [CSHB  200(STA) moved                                                               
from committee.]                                                                                                                
                                                                                                                                
CHAIR COGHILL declared a brief at-ease  at 9:07 a.m.  The meeting                                                               
was called back to order at 9:12 a.m.                                                                                           
                                                                                                                                

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