04/22/1997 09:15 AM Senate FIN

Senate Bill 58                                                               
                                                                               
     "An Act  relating to the privilege  to drive of minors  and to            
     the  penalty for the  consumption or  possession of  alcoholic            
     beverages by persons under 21 years of age."                              
                                                                               
JOE  AMBROSE,  STAFF,  SENATOR ROBIN  TAYLOR,  read  the  following            
Sponsor Statement into the record:                                             
                                                                               
     In  1995, the  Legislature  passed, and  the Governor  signed,            
     Senate  Bill 46.  The bill  moved underage  drinking  offenses            
     out of the juvenile  justice system and into  adult court. The            
     new  law  also   changed  minor  consuming  from   a  class  A            
     misdemeanor  to that of  a violation with  a fine of  not less            
     than   $100.  Senate   Bill   46  was   intended  to   toughen            
     enforcement   of  underage  drinking   laws  by  getting   the            
     offenders  and their  parents or guardians  into adult  court.            
     Two  problems have  arisen since  the passage  of SB 46  which            
     require  that  the  issue be  revisited.  Parents  in  several            
     communities  have complained  that the new  law is not  having            
     the  intended  effect.  The $100  fine  seems to  have  little            
     impact  on young  people  who receive  $1000+ in  the form  of            
     permanent fund dividend payments each year.                               
                                                                               
     And,  District Court  Judge  Patricia Collins  has ruled  that            
     minors charged  under the MCA  statute are entitled  to a jury            
     trial and  a public defender,  if they qualify, because  their            
     driver's licenses  are subject to revocation  upon conviction.            
     The Court of  Appeals upheld that ruling on December  6, 1996.            
     Senate  Bill 58  seeks to  restore legislative  intent to  the            
     process.  It would make minor  consuming a violation,  subject            
     to  a fine of  $250 on  the first offense.  The offense  would            
     revert  to  class B  misdemeanor  status  for the  second  and            
     subsequent offenses.  Senate Bill 58 would also  divorce minor            
     consuming from  penalties against driver's licenses,  at least            
     as  far  as  the courts  are  concerned.  Minors  who  consume            
     alcohol    would   still   lose    their   licenses    through            
     administrative  action  under the  "Use It and  Lose It"  law,            
     but  it would  no  longer be  a court  action.  The $250  fine            
     imposed  by  SB 58  would  also strengthen  the  message  that            
     underage  drinking is  against  the law,  while falling  below            
     the   threshold  of   fines  which   establish  a   "criminal"            
     prosecution.  More  importantly,   the  increased  fine  would            
     allow the establishment  of a screening and referral  program.            
     The  Senate   HESS  version   would  reduce  the   second  and            
     subsequent  offenses  to class  B misdemeanor  status if  they            
     occur  within two years  of the first  offense. That  two-year            
     window   will  give  ample   opportunity  to  target   problem            
     drinkers.  It should also  serve to  reduce the fiscal  impact            
     projected   by  the   Public  Defender   Agency.  The   second            
     provision  adopted  in  Senate   HESS  would  incorporate  the            
     "Junior"  Alcohol Safety  Action Program  suggested in  Senate            
     Bill  71. It would  allow the Legislature  to appropriate  the            
     $250  fines imposed  by SB 58  to pay for  this screening  and            
     referral program.                                                         
                                                                               
Mr. Ambrose  questioned the validity  of the fiscal notes,  stating            
that both  the Department  of Law  and the  Public Defender  Agency            
had submitted  fairly substantial  fiscal  notes that assumed  that            
1,200 of  annual minor consuming  cases would be repeat  offenders.            
Both agencies  acknowledged that only  about 60 of the  cases would            
go to  trial. He questioned  the assumption  that all 1,200  of the            
repeat  offenders   would  reoffend  within  the   two-year  window            
provided by the bill.  He questioned the assumption  that all 1,200            
would qualify  for a  public defender,  and asked  how many  of the            
repeat  offenders  would be  between  the  ages of  18  and 21  and            
gainfully  employed. He asserted  that combined,  the fiscal  notes            
assumed  a $416,000  cost  to  handle 1,200  misdemeanor  cases  in            
Alaska and take 60 of them to trial.                                           
                                                                               
In response  to a question by  Senator Adams, Mr. Ambrose  observed            
that  the second  offense would  be a  misdemeanor  if it  occurred            
within the two-year window.                                                    
                                                                               
Co-chair  Sharp  noted  that  different   departments  were  making            
widely different assumptions, as reflected in the fiscal notes.                
                                                                               
DON  DAPCEVICH,  EXECUTIVE  DIRECTOR  OF  THE  GOVERNOR'S  ADVISORY            
BOARD  ON  ALCOHOLISM  AND  DRUG  ABUSE,   stated  that  the  board            
strongly endorsed  SB 58. The board was particularly  interested in            
the youth  assessment  and referral  process in  the provision.  He            
noted  that in  the prior  year  in Alaska,  there  had been  about            
4,000  incidents  of  minor  consuming;   only  400  of  the  youth            
received  an assessment,  education,  or treatment.  Nearly all  of            
the 400 were  Juneau residents. He  observed that as a  director of            
similar  services in Juneau,  he was  able to  set up a  successful            
youth   assessment  and   referral  process   independent  of   any            
regulatory system.                                                             
                                                                               
LOREN  JONES, DIRECTOR,  DIVISION  OF  ALCOHOLISM  AND DRUG  ABUSE,            
DEPARTMENT OF HEALTH  AND SOCIAL SERVICES, spoke in  support of the            
legislation.  He noted that  the bill would  transfer the  approval            
process  for  alcohol  information  schools from  the  Division  of            
Motor Vehicles  to the  Division of Alcoholism  and Drug  Abuse and            
allow for  quality assurance  for alcohol  information schools.  He            
stressed  that  the  provision would  be  especially  critical  for            
young people,  as the schools were  currently geared towards  adult            
drunk  drivers.   The  division   felt  that   a  curriculum   more            
accessible to young people needed to be established.                           
                                                                               
Mr. Jones  added that  the bill  would allow  the division  to make            
significant improvements  for adult  drunk drivers as well,  and to            
work with  community-based and  locally-organized programs  to both            
assess  and refer youth  who lost  driver's licenses  due to  minor            
consuming  or minor in  possession. He hoped  the number  of repeat            
offenders  would be  lessened.  He noted  that  the division  would            
target repeat offenders.                                                       
                                                                               
Senator Sharp  queried the  fiscal notes.  Mr. Jones observed  that            
there  were  two  fiscal  notes  because  they  addressed  separate            
components in  the department's  budget. He further explained  that            
the  $400,000 fiscal  note  would  fund a  grant program  within  a            
statutory-authorized   prevention  program   and  establish   youth            
assessment as one  of the functions that could be  funded under the            
program.  The $100,000  fiscal note  would establish  staff in  the            
division's   administrative  component   to  set  the   curriculum,            
monitor the alcohol information school, and work with the                      
communities to develop the youth-assessment program.                           
                                                                               
Senator Sharp expressed concern regarding the cost of the fiscal               
notes.                                                                         
                                                                               
SB 58 was HEARD and HELD in committee for further consideration.