Legislature(2007 - 2008)CAPITOL 106

02/08/2007 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 79 LONGEVITY BONUS REAPPLICATIONS TELECONFERENCED
Moved CSHB 79(STA) Out of Committee
*+ HB 88 TVS AND MONITORS IN MOTOR VEHICLES TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 75 DRIVERS LICENSE: ALCOHOL AWARENESS/MINOR TELECONFERENCED
Moved CSHB 75(STA) Out of Committee
HB  75-DRIVERS LICENSE: ALCOHOL AWARENESS/MINOR                                                                               
                                                                                                                                
9:18:40 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that  the next order  of business  was HOUSE                                                              
BILL NO.  75, "An Act  relating to  driver's licenses  and alcohol                                                              
awareness testing."                                                                                                             
                                                                                                                                
[Before   the  committee   was  CSHB   75,  Version   25-LS0348\E,                                                              
Luckhaupt, 1/26/07.]                                                                                                            
                                                                                                                                
9:18:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  to adopt  CS HB  75, Version  25-                                                              
LS0348\M, Luckhaupt, 2/7/07, as a work draft.                                                                                   
                                                                                                                                
9:19:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON objected for discussion purposes.                                                                        
                                                                                                                                
9:19:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JAY RAMRAS,  Alaska  State  Legislature, as  prime                                                              
sponsor of  HB 75,  reviewed the  changes made in  Version M.   He                                                              
said  the  language,  "and a  person  21  years  of age  or  older                                                              
applying for  a new license", was  removed from page  1, beginning                                                              
on  line  7,  at the  recommendation  of  the  Division  of  Motor                                                              
Vehicles "and  others," because  it would  require someone  who is                                                              
much older than  21 to take the alcohol and drug  awareness safety                                                              
test upon  renewing a  license.   Representative Ramras  indicated                                                              
that the  population he was trying  to capture were  [younger] and                                                              
"perhaps more socially  active and more vulnerable  to consumption                                                              
issues just by virtue of their activity."                                                                                       
                                                                                                                                
REPRESENTATIVE RAMRAS  noted that on page 1, line  9, and anywhere                                                              
else  applicable  in the  bill,  after  the words  "alcohol"  were                                                              
inserted the  words, "and drug".   At the request of  the director                                                              
of the DMV, the  time a person who has turned 21 has  to go to the                                                              
DMV before his/her  license expires has been increased  to 90 days                                                              
after  that person's  twenty-first birthday.   He  said he  thinks                                                              
this  element  of the  bill  may  need perfecting  to  accommodate                                                              
those young people  who go Outside for a semester  of school or to                                                              
serve in the military.   He noted that the bill  has a referral to                                                              
the House Finance Committee.                                                                                                    
                                                                                                                                
9:23:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  directed attention to page  1, lines 11-12,                                                              
and said  the following  language is redundant  and he  would like                                                              
to see it deleted from Version M:                                                                                               
                                                                                                                                
     The  license issued  to a  person after  the person  has                                                                   
     passed this  test must state that the person  has passed                                                                   
     the alcohol and drug awareness and safety test.                                                                            
                                                                                                                                
9:24:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  suggested   he  may  have  a  conflict  of                                                              
interest  pertaining to HB  75, because  he is  a proprietor  of a                                                              
facility  that  serves  alcoholic  beverages.   He  spoke  of  the                                                              
nature of  youth being to  try to drink at  less than 21  years of                                                              
age.  He shared  an anecdote about a group of 7  who were asked to                                                              
leave  his establishment  because two  members of  the group  were                                                              
under 21.  He  said the bill will not change  the actions of young                                                              
people trying  to drink before 21,  but it will create  a brighter                                                              
line [in identifying] adults and minors.                                                                                        
                                                                                                                                
9:28:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS offered a scenario:                                                                                       
                                                                                                                                
     ...  If we  took  a 20-year-old  "staffer"  over to  the                                                                   
     Baranof for  lunch today, and  they lost their  driver's                                                                   
     license between  here and the walk over there,  and they                                                                   
     went  to  the  DMV at  age  20  to get  a  new  driver's                                                                   
     license,  they  would  be   issued  a  minor's  driver's                                                                   
     license  that would now  be valid  until the year  2012.                                                                   
     And  so, what  we have created  is this  pool of  minors                                                                   
     between the  ages of 20 and  25 that we're not  clear on                                                                   
     whether they're an adult or whether they're a minor.                                                                       
                                                                                                                                
REPRESENTATIVE  RAMRAS  noted  that the  size  of  the type  on  a                                                              
driver's  license  showing a  person's  date  of birth  is  small,                                                              
which makes it difficult  to read for those who have  to check the                                                              
identification  (ID).  He  said there are  five other  states that                                                              
have  the automatic  expiration of  the driver's  license [when  a                                                              
minor  becomes of  age].   He  reiterated that  HB  75 would  more                                                              
clearly show who  is a minor, while currently, much  of the burden                                                              
falls on the those checking IDs.                                                                                                
                                                                                                                                
REPRESENTATIVE RAMRAS  said he believes that at the  time when the                                                              
person comes  in for  the new  license, he/she  should be  given a                                                              
new  test  regarding drug  and  alcohol  awareness  as a  sort  of                                                              
"booster shot  of education."   He said  although many  charges of                                                              
driving  under the  influence (DUI)  do not result  from a  person                                                              
causing   an   accident,   the   effect  of   receiving   one   is                                                              
considerable.   For  example, a  person with  a DUI  pays a  large                                                              
fine, cannot  apply for a  commercial driver's license  (CDL), and                                                              
is often  barred from  many types of  jobs.  He  said the  cost to                                                              
the person renewing  his/her license is "small  potatoes" compared                                                              
to  the good  that can  come from  having to  take the  test.   He                                                              
indicated  that   he,  the  Department   of  Public   Safety,  the                                                              
[Division] of  Motor Vehicles, and  Mothers Against  Drunk Drivers                                                              
concur  that "this  will be an  excellent tool  to limit  underage                                                              
drinking  and the  purchase of  alcohol  in retail  establishments                                                              
and  on premise  establishments."   He said  he does  not want  to                                                              
prevent  anyone  from renewing  his/her  license,  thus, he  would                                                              
like  the   DMV  to   allow  repeated,   same-day  testing.     He                                                              
acknowledged  that  the bill  should  address those  students  and                                                              
active  military  who are  away  from  Alaska and  whose  licenses                                                              
expire while away.                                                                                                              
                                                                                                                                
9:33:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  removed his  objection  to the  committee                                                              
substitute  (CS)  for  HB  75,   Version  25-LS0348\M,  Luckhaupt,                                                              
2/7/07.   There being no further  objection, Version M  was before                                                              
the committee as a work draft.                                                                                                  
                                                                                                                                
9:34:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL said he  likes Representative  Roses' idea                                                              
of  having  the education  component  at  16  and again  at  first                                                              
renewal.   He  emphasized  that  he likes  Representative  Ramras'                                                              
idea of  a drawing bright  line at age 21,  as well as  the 90-day                                                              
issue.                                                                                                                          
                                                                                                                                
9:34:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS   reiterated  that  consideration   of  the                                                              
population of  young people in the  military must happen  in order                                                              
that  they  do  not  lose their  rights  to  hold  valid  driver's                                                              
licenses.   He pointed  out  that that  group is  the one most  at                                                              
risk  [for getting  DUIs].    He said  one  issue  to consider  is                                                              
whether  or not  it is  a good  idea to  teach 14-year-olds  about                                                              
alcohol and  drugs when  they are not  legally allowed  to consume                                                              
an alcoholic beverage until age 21.                                                                                             
                                                                                                                                
REPRESENTATIVE  COGHILL said,  "The  reality is  they  are on  the                                                              
road, and they need  to be aware of what the  responsibilities and                                                              
the  cost of  irresponsibility are."    He added  that the  sooner                                                              
those driving receive education, the better.                                                                                    
                                                                                                                                
9:39:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS indicated  that his  opinions nearly  match                                                              
those  of  Representative  Coghill on  the  issue.   He  said  the                                                              
current  test is  comprised  of  16 questions  out  of a  possible                                                              
1,000,  and  of those  16,  about  half  relate to  insurance  and                                                              
alcohol awareness.   He said he would like to see  a test in which                                                              
10 questions  are dedicated to the  subject of drugs  and alcohol.                                                              
He said  the awareness is  being pushed  after the point  at which                                                              
someone gets a DUI, and he thinks it should happen sooner.                                                                      
                                                                                                                                
9:41:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  related that as  a former teacher,  he knows                                                              
that children  about to  take a  driving test  are more  likely to                                                              
study  the  driver's manual  diligently  than  they are  to  bring                                                              
their  math  books to  study  math.   He  reminded  Representative                                                              
Ramras  that he  had previously  raised the  concern about  having                                                              
the  alcohol  and  drug  awareness   test  "upon  first  renewal."                                                              
However, he  said he  also appreciates the  concern that  that may                                                              
complicate  things for  others  getting renewed  licenses  through                                                              
the DMV.   He stated,  "So, I'm going  to remove that  concern and                                                              
just hope  that having  the adequate  number  of questions  on the                                                              
test, regardless of  the age of the person who takes  it the first                                                              
time will, hopefully, accomplish our objective."                                                                                
                                                                                                                                
9:43:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RAMRAS  returned   to  Representative   Coghill's                                                              
concern  and suggested  that  through  regulation,  the DMV  could                                                              
change the  test from 16  questions to 24,  and to add  an element                                                              
to the test that is more specific to drugs and alcohol.                                                                         
                                                                                                                                
9:43:56 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN,  in  response  to   a  question  from  Representative                                                              
Gruenberg, said  the period of a  driver's license to be  valid is                                                              
five years.                                                                                                                     
                                                                                                                                
9:44:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON,  regarding  the  proposed  90-day  period                                                              
within which  someone would  have to get  a renewed  license after                                                              
his/her  twenty-first birthday,  stated concern  that some  people                                                              
could be  deployed in Iraq  and may not  have enough time  to meet                                                              
that requirement.                                                                                                               
                                                                                                                                
9:44:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS offered  some statistics.   He  said he  is                                                              
continuing to work  with the director of DMV and  will most likely                                                              
provide him with this problem to solve.                                                                                         
                                                                                                                                
CHAIR LYNN  offered his recollection  that while he served  in the                                                              
military,  his license  stayed active  as long  as he remained  on                                                              
active duty.                                                                                                                    
                                                                                                                                
9:46:36 AM                                                                                                                    
                                                                                                                                
DUANE BANNOCK,  Director, Division  of Motor Vehicles,  Department                                                              
of  Administration,   confirmed  that  an  active   duty  military                                                              
personnel's  driver's license  does not expire,  and that  person,                                                              
after coming  off active  duty has 90  days until his/her  license                                                              
would expire.                                                                                                                   
                                                                                                                                
9:48:15 AM                                                                                                                    
                                                                                                                                
ROBERT MYERS,  JR. stated  that although  he is  an intern  in the                                                              
office  of  Representative  Peggy  Wilson,  he  is  testifying  on                                                              
behalf of himself.   He said the discussion he has  heard thus far                                                              
has addressed  cost  and limitation,  but not  whether or  not the                                                              
bill  would work.   He said  he does  not object  to the  driver's                                                              
license  expiring at  21, but  he does  object to  the test  being                                                              
required.  He explained:                                                                                                        
                                                                                                                                
     Common  practice for  high school  and college  students                                                                   
     is  to learn  enough for  the  test and  then forget  it                                                                   
     all.    Knowledge  is  retained only  when  there  is  a                                                                   
     chance  to put  it  into  practice.   Unfortunately,  in                                                                   
     this case  there are two  groups of individuals  that do                                                                   
     so:   the first is  the group that  is already  aware of                                                                   
     the effects  of alcohol  and drugs  and [does] not  need                                                                   
     this test  to remind them.   The second group  puts this                                                                   
     knowledge   into   practice   when   [it   uses]   these                                                                   
     substances.   Either way, this test will have  no effect                                                                   
     on people's habits.                                                                                                        
                                                                                                                                
9:50:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  said he  challenges  the  premise of  Mr.                                                              
Meyers, Jr.,  because the bill  is intended  to give a  clear line                                                              
of  information  about  driving  while under  the  influence,  not                                                              
necessarily to change  people's habits.  The bill  would give them                                                              
a "clear line of responsibility," he said.                                                                                      
                                                                                                                                
CHAIR LYNN proffered  that most of the bills that  are heard would                                                              
be hard  pressed to  change lifestyles, but  they can  make people                                                              
more  accountable  or  aware  by "pointing  them  in  a  different                                                              
direction."                                                                                                                     
                                                                                                                                
9:51:45 AM                                                                                                                    
                                                                                                                                
MR.  MYERS,  in   response  to  a  question   from  Representative                                                              
Johnson,  said he  finds it  highly unlikely  that any  individual                                                              
would change his/her  choices based on simply taking  another test                                                              
at the DMV at the age of 21.                                                                                                    
                                                                                                                                
9:52:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  said if  the proposed  legislation,  with                                                              
its fiscal note  of $5,000, can affect the actions  of one person,                                                              
it would be worth it.                                                                                                           
                                                                                                                                
9:52:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES stated  that  he does  not think  it is  the                                                              
intent  of   bill  to  change   behavior,  but  rather   to  raise                                                              
awareness.                                                                                                                      
                                                                                                                                
9:53:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROSES   moved   to   report   CSHB   25-LS0348\M,                                                              
Luckhaupt,    2/7/07,   out   of    committee   with    individual                                                              
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL  objected  to  thank Mr.  Meyers  for  his                                                              
testimony  and to  point out  that  the sponsor  had mentioned  an                                                              
amendment he would like adopted.                                                                                                
                                                                                                                                
9:53:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES withdrew his motion.                                                                                       
                                                                                                                                
9:53:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL moved to adopt Amendment 1, as follows:                                                                  
                                                                                                                                
     On page 1, beginning on line 11:                                                                                           
                                                                                                                                
     Delete:   "The  license  issued to  a  person after  the                                                                   
     person has passed  this test must state that  the person                                                                   
     has  passed the alcohol  and drug  awareness and  safety                                                                   
     test."                                                                                                                     
                                                                                                                                
CHAIR LYNN asked if there was any objection to Amendment 1.                                                                     
There being none, it was so ordered.                                                                                            
                                                                                                                                
9:54:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved to report CSHB 75, Version 25-                                                                       
LS0348\M,  Luckhaupt, 2/7/07,  as amended,  out of committee  with                                                              
individual  recommendations  and  the accompanying  fiscal  notes.                                                              
There being  no objection,  CSHB 75(STA) was  reported out  of the                                                              
House State Affairs Standing Committee.                                                                                         

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