Legislature(2001 - 2002)
04/17/2001 01:20 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 12-REDUCE PERCENTAGE FOR DWI CHAIR KOHRING announced the first order of business would be HOUSE BILL NO. 12, "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." Number 0088 ROGER WORTMAN, Staff to Representative Pete Kott, sponsor of the bill, stated that the alcohol problem in Alaska is significant; Alaska ranks number five in the nation for alcohol-related incidents. He indicated that it's imperative that the state take action by passing HB 12, which lowers the BAC [Blood Alcohol Concentration], from .10 to .08. This bill is supported by the Alaska Peace Officer's Association, Public Safety Employees Association, and Mothers Against Drunk Driving (MADD). He remarked that it is crucial that the State of Alaska follow the lead because the federal government is providing incentives to states that adopt the .08 BAC standard early. If this legislation fails, the state stands to lose federal highway funds at a rate of 2 percent in 2004, 4 percent in 2005, 6 percent in 2006, 8 percent after 2007, and so on. He reminded the committee that although this bill has a significant fiscal note, HB 12 could be recognized as a policy decision or issue. CHAIR KOHRING turned to the effectiveness of a .08 BAC and asked if there is any substantial evidence to support it. MR. WORTMAN answered that in his research he found no conclusive evidence that the .08 BAC mandate, by itself, is effective. However, coupled with other [drunk driving] legislation, a .08 BAC shows a significant decrease of incidents in other states. CHAIR KOHRING suggested that Representative Rokeberg's legislation [HB4] would help make HB 12 effective. MR. WORTMAN remarked that Representative Rokeberg's bill is an "omni" bill that is a "catch all for all those situations to happen simultaneously." CHAIR KOHRING asked how effective HB 12 would be if it was passed in tandem with other legislation. Number 0462 HEATHER NOBREGA, Staff to Representative Rokeberg, sponsor of HB 4, explained that HB 4 encompasses a wide variety of topics on drunk driving, including changing the BAC from .10 to .08. She noted that establishing the .08 BAC standard is mandated by the federal government whether it is done now or in a couple of years. However, it has to be done by Federal Fiscal Year 2004. She indicated that HB 12 is accomplishing the same goal as HB 4, but by only lowering the BAC, HB 12 is only addressing "one small increment." Therefore, if HB 4 does not become law this year, and a lower legal limit is still wanted, HB 12 would be necessary. CHAIR KOHRING inquired as to the expectations for HB 4. MS. NOBREGA recalled that HB 4 is in the House Finance Committee, but she wasn't sure when it is scheduled to be heard. She said it would be a "stretch" if the bill made it through this year. CHAIR KOHRING asked whether Alaska would be subjected to penalties by the federal government, if the .08 BAC is not adopted this year. MS. NOBREGA replied no. However, if the .08 BAC was implemented by July of this year, "we" would receive an approximately $850,000 incentive. CHAIR KOHRING asked for direction from the committee on HB 12. Number 0581 REPRESENTATIVE WILSON made a motion to move HB 12 from committee with individual recommendations and the attached fiscal note. There being no objection, HB 12 moved from the House Transportation Standing Committee. CHAIR KOHRING expressed concerns regarding the federal mandate and the redundancy of [the .08 BAC mandate in HB 4]. However, he acknowledged that HB 4 might not pass this session.
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