Legislature(2007 - 2008)CAPITOL 106
02/06/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB21 | |
| HB48 | |
| HB75 | |
| Subcommittee on Ethics: Report | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 21 | TELECONFERENCED | |
| *+ | HB 48 | TELECONFERENCED | |
| *+ | HB 75 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 75-DRIVERS LICENSE: ALCOHOL AWARENESS/MINOR 9:06:30 AM CHAIR LYNN announced that the last order of business was HOUSE BILL NO. 75, "An Act relating to driver's licenses and alcohol awareness testing." 9:06:56 AM REPRESENTATIVE JOHANSEN moved to adopt the committee substitute (CS) for HB 75, Version 25-LS0348\E, Luckhaupt, 1/26/07, as a work draft. There being no objection, Version E was before the committee. 9:07:07 AM JANE PIERSON, Staff to Representative Jay Ramras, Alaska State Legislature, presented HB 75 on behalf of Representative Ramras, prime sponsor. She paraphrased from the sponsor statement included in the committee packet, which read as follows [original punctuation provided]: House Bill 75 continues my efforts to improve alcohol management and awareness in Alaska. It stipulates that all drivers' licenses issued to a person under 21 years of age will expire within two weeks of the person's 21st birthday. HB 75 will further require that a person turning 21 years of age or a person 21 years of age or older applying for a new license must take a test regarding alcohol safety and awareness, and laws related to drinking and driving, prior to receiving an Alaska driver's license. Once HB 75 takes effect, all drivers' licenses of Alaskans 21 years of age will reflect that they have passed the alcohol awareness and safety test when they are issued an adult license. The test will serve to relate the privilege of driving to the responsibility of consuming alcohol. The test will be designed by the Division of Motor Vehicles, and it is the sponsor's intent to have MADD participate in the process of designing this test. HB 75 should also help cut down on minors consuming alcohol, since a license issued to a person over 21 years of age who has passed the test will look different than a license issued to a minor. Please join me in supporting this important piece of legislation. 9:08:51 AM CHAIR LYNN asked why a teenager would not take alcohol awareness testing when he/she gets a learner's permit. 9:09:24 AM MS. PIERSON noted that there are already "a good number of questions on alcohol awareness" in "the basic test." In response to a follow-up question from Chair Lynn, she explained that under the bill, there would be two tests required: the basic test taken when applying for a permit or license, and an alcohol awareness test. The bill, she said, would also encompass people who have had their license revoked and are applying for a new license. 9:10:32 AM MS. PIERSON, in response to questions from Representative Coghill, confirmed that a person coming in for a license at the age of 35 would have to take both a written test and an alcohol awareness test. However, she indicated that these tests would not have to be taken at every renewal of the person's driver's license. 9:11:31 AM MS. PIERSON, in response to further questions, reviewed the changes made in Version E, Sections 1 and 2. She said the requirement in Section 1 of the original bill version was that a person renewing a license for the first time after the effective date of the bill would have to take a test; however, that language was removed. She said that change allows those whose licenses are in good standing to not have to take the alcohol awareness test when renewing their licenses. In Section 2, she noted, language was added to clarify the expiration and renewal of the license at age 21, because the original wording could have caused problems if the date fell on a weekend. 9:12:35 AM MS. PIERSON, in response to a question from Representative Doll, said there is a one-time, $5,000 set-up fee in order for the DMV to "re-input" the driver's license test machines. She deferred to the director of the DMV for further comment. 9:13:20 AM REPRESENTATIVE JOHANSEN said he doesn't see how a provision that will ultimately require more people to go through the DMV will not result in the DMV coming before the legislature to ask for more money. He also questioned what level of education would be given for each test. He explained his concern is that waiting to educate and test on certain information until someone is older could mean that person has lost the chance to understand an important fact that could prevent him/her from drinking and driving. CHAIR LYNN suggested the possibility of including a requirement for drug education in the bill. MS. PIERSON said she thinks the bill's sponsor would consider language to that effect. 9:15:42 AM REPRESENTATIVE JOHANSEN said he supports the concept of the bill, but he wants to see information related to his previously stated concern. MS. PIERSON offered to provide a booklet, the information in which she said is also found online, and in that booklet is a large section on alcohol and alcohol awareness. She offered her understanding that "when you get your permit, you actually take the test, and then you take a driver's test, and not another test when you get your license." 9:16:28 AM REPRESENTATIVE DOLL surmised that the main intent of the bill is to have a different form of identification for the purpose of "carding." She stated, "The education component is there, but certainly you could put that same education component earlier on, as was mentioned." MS. PIERSON concurred. She indicated that there is a perfect fit between the DMV and educating young people to be aware of the effects of alcohol. 9:17:15 AM REPRESENTATIVE ROSES recalled that at one time, licenses for those underage had a different color background than licenses for people 21 and older. MS. PIERSON differed to the director of the DMV for comment. 9:18:07 AM DUANE BANNOCK, Director, Division of Motor Vehicles, Department of Administration, reviewed driver's license eligibility requirements and answered questions. At age 14, he said, a person is eligible for an instruction permit. The test required for that permit is called a written test, but is taken on a computer. He listed the following statutorily required skills tested: the ability to read and understand official traffic control devices; knowledge of safe driving practices; knowledge of the effects of alcohol and drugs on drivers and the dangers of driving under the influence; knowledge related to laws on drinking; knowledge regarding laws on financial responsibility, and knowledge of traffic laws and regulations. MR. BANNOCK said at age 16 a person is eligible for a provisional Alaska driver's license, and at that point he/she takes the skills exam, which is commonly referred to as the road test. A provisional driver's license limits the number and type of passengers and the hours of operation of the vehicle. Some states refer to that as a graduated driver's license. After six months with a provisional driver's license, and with parental consent, the person, who Mr. Bannock said could be 17 years old by then, can return to the DMV and acquire a regular driver's license. MR. BANNOCK told Representative Roses that the DMV no longer uses varying background colors to specify the type of license. He said when the division changed to digital licenses, it created a license for those under 21 years of age, which is laid out in a vertical format, which is different from the horizontal format of licenses given to those over 21. Clearly printed on the underage license are the words, "under 21 until," followed by the date of the person's twenty first birthday. Anyone who has been issued an underage license can return to the DMV after they turn 21, pay $15, and they will be issued a new [horizontal] license. 9:22:48 AM MR. BANNOCK, in response to a question from Representative Coghill, confirmed that a 20-year-old coming in to the DMV for the first time today would get a vertical format license that is valid for five years; however, that person could, upon turning 21 the next year, opt to come in to the DMV to be issued the horizontal card. 9:23:50 AM MR. BANNOCK, in response to Chair Lynn, said the division supports HB 75. He said the DMV is anxious to work with MADD to establish the secondary test that would be called for by the bill. Relating to Representative Johansen's previous comment about future requests for funds, he said although customer time will increase, there will be no necessity for staff to work overtime. In response to Chair Lynn, he estimated that the test, which currently takes applicants 8.5 minutes to complete, will probably take 12.5 minutes with the additional questions added. 9:26:23 AM MR. BANNOCK, in response to a question from Representative Coghill, offered the following example: Instead of the 18-year-old getting the statutory five- year driver's license that we have today, the 18-year- old would get, arguably, a three-year driver's license, at which point in time they would come in after their twenty-first birthday, as per the directive in Section 2 [of HB 75]. That's when they would take ... this second test that we're taking about in Section 1, and be issued then a five-year driver's license that would expire on their twenty- sixth birthday. MR. BANNOCK, in response to a follow-up question from Representative Coghill, confirmed that should the bill pass, the extra time spent at the DMV will only pertain to those undergoing the lengthened test, not other patrons of the division. MR. BANNOCK, in response to Chair Lynn, said the DMV would not object to incorporating questions about drug safety and awareness into the test that the bill would require. 9:28:34 AM REPRESENTATIVE DOLL asked, "Each time someone comes in to renew, and in this case when they come in on their twenty-first birthday, is there a fee involved in that, in terms of what they pay to the DMV?" MR. BANNOCK answered yes, by statute, a renewal fee is $20. REPRESENTATIVE DOLL suggested that that would mean additional income for the division. MR. BANNOCK said that might be true. He explained as follows: Without this law, the driver's license still expires. We are just altering the schedule at which time the driver's license expires. So, that's why I chose not to put that as additional revenue on my fiscal note. 9:29:23 AM REPRESENTATIVE COGHILL noted that a DUI can be a result of the influence of more than just alcohol. He said the DMV has the right of revocation, and he asked, "Have you given some thought as to how you might explain those parameters on a test?" 9:29:57 AM MR. BANNOCK said some of the subjects currently found on the exam test the person's knowledge of alcohol as a narcotic. He offered an example of a question: "What is the minimum revocation period for your first offense for driving under the influence?" He said there would be a multiple choice for the answer. He predicted that the test that would be required from Section 1 of the bill would focus on the actual laws pertaining to a DUI and some of the physical effects of alcohol. I envision ... the test that will come out of Section 1 is very concentrated on one of two different things: the actual laws pertaining to DUI, and perhaps ... some of the scientific effect of alcohol on the body. MR. BANNOCK reiterated that he is looking forward to engaging with MADD for that groups input. 9:32:10 AM MR. BANNOCK, in response to a question from Representative Roses, said he knows of at least nine states that issue the vertical format licenses for those under the age of 21. 9:32:32 AM REPRESENTATIVE ROSES questioned why the committee wouldn't approach the concept of making it illegal to sell alcohol to anybody with a vertical driver's license if the intent of the bill is to capture those who are the potential drinkers. To do so, he said, would force those who want to buy alcohol to go to the DMV and get a new license at age 21. Those who have no intention of purchasing or drinking alcohol don't have to take the test; they can continue using their vertical driver's license until its expiration. He indicated that the bill would force those doing "the right thing" to have to conform because of those who are not doing the right thing. He said, "It's sort of like punishing the entire class because one student misbehaves." 9:34:29 AM REPRESENTATIVE JOHANSEN asked Mr. Bannock if it would make any difference to the DMV, in terms of the division's operations, if the alcohol-emphasis testing were done at age 16 versus 21. MR. BANNOCK said he doesn't know. He continued as follows: But let me just put in a plug for the concept of having a space/time continuum between the two tests. Quite frankly, it is this director's professional opinion that that's where we get the added value. Instead of giving this test at age -- and remember, the majority of them are not 16, they're actually 14, that are taking the written test. So, they take a written test at 14, they take a driving test at 16, and then the way this bill lays it out, they would then take another written test later on so as to chop it up. MR. BANNOCK said he takes Representative Roses comments to heart, and he admitted that he may have more experience with [the 14- to 18-year-old age group than "all of us combined." Notwithstanding that, he said the division envisions "creating some separation between them." 9:36:02 AM REPRESENTATIVE COGHILL noted that the law views underage DUIs differently than legal-aged DUIs. He asked Mr. Bannock how he sees that from an administrative standpoint. 9:36:42 AM MR. BANNOCK responded that a minor driving under influence is subject to a DUI. He said he does not know if HB 75 would have an impact on that law. REPRESENTATIVE COGHILL asked, "Is that emphasized at all when you get to the driving test?" MR. BANNOCK said the driving test is strictly on driving skills. REPRESENTATIVE COGHILL indicated that he would like the committee to think about the previous comments of Representative Roses regarding the age requirements before passing out a "21- only bill." He suggested, "It might be a more appropriate time, at the driving skills level, to bring this up." 9:38:07 AM REPRESENTATIVE ROSES said getting a driver's license is the first level of freedom children obtain. He indicated that that's when the [education and testing on alcohol awareness] needs to happen. He added, "And if we want to then add the language that then they take the test again at the first renewal, then you're getting a second bite of the apple, and I wouldn't have a problem with that, because then I think we accomplish it on both ends. ... I love the concept; it's the implementation that I have little difficulty with." 9:39:06 AM MS. PIERSON responded, "I think that would be fine with the sponsor, too, if we did it at 16 and again at 21." 9:39:17 AM REPRESENTATIVE ROSES clarified that he doesn't want to see [the test given again] at age 21. He clarified: What I would like to see is when they first get their driver's license, regardless of age, and then at first renewal. Because it is possible for somebody to not even get their driver' license until they're 18 or 19. My oldest daughter didn't care anything about driving; she didn't get her license until she was 18. My first one couldn't wait and would have gotten it at 12 if she could have. So, getting the second bite at the apple to me would be "upon first renewal" - so, don't put the age specific in that. So, if it's 16 and 21 or if it's 18 and 23, it doesn't make any difference; you get the second bite. 9:39:57 AM REPRESENTATIVE COGHILL suggested that the bill be held in order to talk with the prime sponsor about language pertaining to the testing age and first renewal concept. 9:40:19 AM CHAIR LYNN suggested that the one amendment could be made adding the testing of knowledge of other drugs. CHAIR LYNN asked if there was anyone else to testify. [There was no response.] 9:40:36 AM CHAIR LYNN moved to adopt [Conceptual] Amendment 1, as follows: On page 1, line 9, between "alcohol" and "awareness": Add "and drug" CHAIR LYNN asked if there was any objection to [Conceptual] Amendment 1. There being none, [Conceptual] Amendment 1 was adopted. 9:41:35 AM MS. PIERSON suggested that a similar amendment needed to be made further down the page. 9:41:47 AM CHAIR LYNN moved to adopt Conceptual Amendment 2, as follows: On page 1, line 12, between "alcohol" and "awareness": Add "and drug" CHAIR LYNN asked if there was any objection to Conceptual Amendment 2. [There being none, Conceptual Amendment 2 was adopted]. CHAIR LYNN announced that HB 75 was heard and held.
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