Legislature(2003 - 2004)
05/04/2004 09:07 AM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 224(STA)
"An Act relating to a minor operating a vehicle after
consuming alcohol, to a minor refusing to submit to chemical
tests, and to driving during the 24 hours after being cited
for one of those offenses; and providing for an effective
date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken noted that the Senate State Affairs (STA) committee
substitute, Version 23-LS1037\B, would stiffen the penalties and
fines for minors, those under the age of 21, who drive while having
a blood alcohol content (BAC) of .02 or higher. He stated that ten
fiscal notes accompany the bill.
RICHARD SCHMITZ, Staff to Senator John Cowdery, the bill's sponsor,
commented that this legislation was developed to address situations
in which minors consume alcohol and drive. Continuing, he stated
that minors who consume alcohol and drive with a BAC of .02 percent
or higher would be charged with an infraction whereas individuals,
age 21 and older who drive with a BAC of .08 percent or higher,
would be charged with Driving While Intoxicated (DWI), a
misdemeanor. He stated that under this bill, minors would also
receive mandatory community service time and increased fines at
three separate levels dependent on whether the offense is repeated.
He stated that this legislation would acknowledge federal law that
does not allow minors to be incarcerated for "a status offense"
which is an offense that, dependent on your age, would be legal or
illegal. DWI, he stated is a "status offense" in that it is illegal
for a 20-year old to consume alcohol, but is legal once that person
turns 21 years of age.
Co-Chair Wilken asked whether the Sponsor Statement is applicable
to Version "B."
Mr. Schmitz responded that the Sponsor Statement is not current as
it refers to the proposed penalty as being a Class B Misdemeanor
rather than an infraction as specified in the Version "B" committee
substitute.
Co-Chair Wilken asked that an updated Sponsor Statement be
provided.
CINDY CASHEN, Executive Director, Mothers Against Drunk Driving
(MADD), Juneau Chapter, spoke on behalf of Juneau and four other
State MADD chapters. She noted that, in this situation and contrary
to MADD's traditional position of supporting Misdemeanor penalties
for DUIs, MADD supports the proposed infraction penalty because of
the community work service and fine structure that accompanies the
bill. She noted that a result of law enforcement efforts to
apprehend more people who drive while intoxicated, there has been
an increase in the number of arrests of minors operating vehicles
after consuming (MOVAC). Court monitoring conducted by MADD, she
noted, has observed that this increase in DUI cases has created a
bottleneck in the Court System, which has "unfortunately" resulted
in numerous MOVAC arrests being delayed, pled down, or dismissed,
and the process, she attested, has become considered "a joke" by
teenagers and has not served as an incentive to stop drinking and
driving. She stressed that the sooner the Court processes MOVACs,
the better, as the youth, at that time, "are more contrite and
aware of they did screw up, and that they need to figure out what
they need to do in the future."
Ms. Cashen stated that by "substantially" increasing the fine and
requiring community work service, this bill would be effective. She
noted that community work service has seldom been required in the
past; however, she opined that it would make a difference and that
this legislation would move the MOVACs through the system faster.
Senator Bunde asked whether the increased fine levels would
generate sufficient revenue to warrant the increased expenses
reflected in the Public Defenders Agency fiscal note.
Ms. Cashen responded that youth currently have a right to a Public
Defender; therefore, she declared that MADD does not believe that
this bill would incur additional expense to the Agency as "nothing
is going to change."
Co-Chair Wilken asked the Agency to expound on the need to increase
Public Defender Agency staff by one.
BARBARA BRINK, Director, Public Defender Agency, Department of
Administration, testified via teleconference from an offnet site
and commented that the Agency's fiscal note was calculated based on
Division of Motor Vehicles' projections of minor drivers who are
"processed for administrative driver license revocations who are
not currently charged with operating a motor vehicle after
consuming." "Respectfully disagreeing" with the sponsor and MADD,
she stressed that this is a criminal offense and that classifying
it as an infraction rather than a misdemeanor would not negate the
need for a jury council or legal counsel. Continuing, she stressed
that additional staff would be required as an increase in cases
involving juveniles charged with these offenses would result. She
also noted that District Court judges rather than magistrates would
be required to hear these cases, and she stressed that it is
difficult to predict how many cases would be processed.
Ms. Brink agreed that the increased penalties would assist in
decreasing the number of minors who choose to drink and drive. She
clarified for the Committee that any minor with a BAC of .08
percent or higher would be charged with Driving Under the
Influence. She reminded the Committee that the Agency experienced a
tremendous caseload increase when the penalties for Minor Consuming
(MC) were increased several years ago. She stated that, while this
bill would be effective, "Justice comes at a price."
Ms. Cashen reiterated that rather than increasing the number of
youth processed for MOVAC, this legislation would move those
charged through the system quicker, and as a result, would make the
process "easier."
Co-Chair Wilken thanked MADD for the efforts it exerts regarding
drunk driving issues.
AT EASE 10:39 AM / 10:40 AM
DON SMITH, Administrator, Alaska Highway Safety Office, spoke in
support of the bill.
Co-Chair Green moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objection, CS SB 224(STA) was REPORTED from
Committee with zero fiscal note #5, dated April 27, 2004 from the
Department of Public Safety; indeterminate fiscal note #6, dated
April 28, 2004 from the Alaska Court System; zero fiscal note #7,
dated April 28, 2004 from the Department of Health and Social
Services; zero fiscal note #8, stated April 29, 2004 from the
Division of Motor Vehicles, Department of Administration;
indeterminate fiscal note #9, dated April 29, 2004 from the Office
of Public Advocacy, Department of Administration; and $134,700
fiscal note #10, dated April 28, 2004 from the Public Defender
Agency, Department of Administration.
| Document Name | Date/Time | Subjects |
|---|