Legislature(1993 - 1994)
03/25/1993 05:00 PM TRA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HB 61 - LOWER ALCOHOL LIMIT TO 0.08 FOR OMVI'S Number 296 CHAIR FOSTER requested REPRESENTATIVE NORDLUND, as sponsor of the next item on the agenda, HB 61, to come forward and offer any new testimony or information he would like to present to the committee. CHAIR FOSTER indicated that at the last meeting there were still a lot of questions regarding HB 61 and he felt an adequate amount of time had gone by for those interested to address their concerns and present them at this time. Number 300 REPRESENTATIVE JIM NORDLUND stated he did not have anything new. However, he mentioned there was currently a law being introduced in Congress which provided for passage of a .08 alcohol level. He referred to JUANITA HENSLEY, CHIEF OF DRIVER SERVICES IN THE DEPARTMENT OF PUBLIC SAFETY, to answer questions about the new federal .08 law proposal. MS. HENSLEY stated that in order for a state to obtain and qualify for federal safety funding money in addition to the highway funds, the .08 option was one of six requirements currently proposed. In order to comply and receive the money, the state must meet at least five of these requirements. Number 369 REPRESENTATIVE VEZEY objected to federal control and felt there gets to be a point where the state should tell the federal government to keep their money. MS. HENSLEY stated that she has been dealing with a lot of this frustration in a lot of areas lately. Number 430 CHAIR FOSTER brought up a proposed amendment which had been brought to his office by representatives of the Alaska Cabaret, Hotel, Restaurant & Retailers Association. The proposed amendment was to add a new section 5: "This Act takes effect only if the state fails to become eligible before January 1, 1995, the commissioner of public safety shall notify the revisor of statutes regarding the eligibility of the state to receive a basic grant as described in this section." Number 468 REPRESENTATIVE MULDER described the amendment, saying that basically, if we have the other five items, the proposed amendment would not be necessary in order to comply and obtain the federal funding. Number 475 REPRESENTATIVE VEZEY said that as a commercially licensed driver, he was mandated to drive at a .04 level. Number 497 REPRESENTATIVE NORDLUND said that the main thrust of HB 61 was to arrest more drunk drivers, and the capture of federal funds was secondary. Number 504 CHAIR FOSTER noted that he was neutral on the legislation and asked the committee what their will and intentions on HB 61 were. Number 507 REPRESENTATIVE MACKIE suggested that the amendment be sent with the bill to the Judiciary Committee. Number 512 REPRESENTATIVE MENARD moved for passage of HB 61 with individual recommendations. REPRESENTATIVE VEZEY objected. Upon a roll call vote, the motion failed. YEAS (3): MENARD, MACKIE, DAVIS NAYS (3): MULDER, FOSTER, VEZEY Number 520 REPRESENTATIVE NORDLUND stated that if it was the will of the committee, he would request the amendment be incorporated into a committee substitute. Number 523 REPRESENTATIVE MULDER moved the amendment into HB 61. Number 545 REPRESENTATIVE VEZEY objected. Number 550 A roll call vote of the committee passed the motion made by Representative Mulder which incorporated the proposed amendment into a committee substitute. YEAS (5): Foster, Mulder, Mackie, Davis, Menard NAYS (1): Vezey Number 550 REPRESENTATIVE MENARD moved for passage of CSHB 61(TRA) with individual recommendations. REPRESENTATIVE VEZEY objected. Upon a roll call vote, the bill was passed from committee with individual recommendations. YEAS (5): Foster, Mulder, Mackie, Davis, Menard NAYS (1): Vezey Number 565 CHAIR FOSTER adjourned the meeting at 5:50 p.m.