Legislature(2007 - 2008)SENATE FINANCE 532
03/29/2008 10:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB233 | |
| HB 233 | |
| HB373 | |
| HB19 | |
| HB75 | |
| HB338 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 19 | TELECONFERENCED | |
| + | HB 75 | TELECONFERENCED | |
| + | HB 373 | TELECONFERENCED | |
| + | HB 338 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 233 | ||
SENATE CS FOR CS FOR HOUSE BILL NO. 19(JUD)
"An Act relating to ignition interlock devices; to
limited driver's license privileges; and to ignition
interlock limited driver's license privileges."
10:36:39 AM
REPRESENTATIVE KEVIN MEYER, SPONSOR, provided an overview of
SCS CSHB 19(JUD), which provides for an ignition interlock
device for a person who has received a DUI. He detailed the
penalties involved with receiving a DUI. He pointed out the
potential failings of a limited driver's license. The
intent of the bill is to ensure a sober driver.
Representative Meyer noted that the Senate Judiciary
Committee amended the bill to extend the interlock program
through the probationary period of the offender. He
supported the change noting it was a deterrent to repeat
offenses. Similar programs implemented in other states have
resulted in an up to 80 percent reduction of repeat
offenses. He informed the Committee that in Alaska about
5000 DUI's are issued every year, with one-third being
repeat offenders.
10:41:07 AM
Co-Chair Stedman expressed concern regarding the cost of the
interlock device and offenders not having funds to purchase
the device.
Representative Meyer acknowledged the expense and informed
the Committee that the court can waive the DUI fine in lieu
of purchase of the interlock device.
Senator Elton questioned Section 2, which states that the
courts can't enforce a municipal ordinance without a
provision imposing ignition interlock devices. He wondered
if an unintended consequence might be that the
municipalities would let the Department of Law prosecute
under state statutes rather than under municipal ordinances.
If this were to occur there would be a fiscal note from the
Department of Law to reflect the cost.
10:44:06 AM
MIKE PAWLOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER, explained
that though the state had passed ignition interlock devices
for high BAC drivers, it was never recommended that the
municipality pass an ordinance. Section 2 came into the
bill from the Senate Judiciary Committee in the interest of
consistency in statute regarding traffic offenses. He
indicated that he would talk with the Department of Law
regarding the issue and report back to the Committee.
10:45:00 AM
Senator Dyson asked about someone who "knowingly" loans a
car to someone who is court ordered to have the interlock
device.
Co-Chair Meyer understood that if a person knowingly allowed
a person who had been convicted of a DUI to drive their car,
the owner of the car is at fault.
Senator Dyson asked if a person convicted of a DUI gets a
mark on their driver's license. Representative Meyer
confirmed that they would.
Senator Dyson questioned the sections regarding the
forfeiture of a vehicle.
10:48:08 AM
Co-Chair Stedman noted that the bill is in its first hearing
and there will be an opportunity for members to get
questions and concerns answered by the sponsor.
Senator Elton asked why the bill would only apply in certain
communities and opined that if the issue is a matter of
public safety, it should apply to all communities.
Representative Meyer said it would be the intent to apply
the interlock device requirement statewide. He explained
that changes were made in Senate Judiciary making exceptions
for those areas that aren't required to have insurance. He
added that vendors are willing and able to install the
interlock device to any car, anywhere, throughout the state.
10:49:53 AM
Mr. Pawlowski said he would provide the list of communities
published by the Department under AS 28.22.011(b) referenced
in Section 7.
Senator Thomas noted the potential loophole between what the
court orders and how the Division of Motor Vehicles
responds, in terms of returning the license to the offender.
They may fulfill the requirements of the court order, but
then there may be a problem of getting the license back.
10:51:21 AM
Co-Chair Stedman listed the fiscal notes: a zero note from
the Department of Transportation and Public Facilities, an
indeterminate note from the Department of Corrections, and a
note from DMV for $76,000 for one new position.
10:53:03 AM
JULIE CLEMENTS, DIRECTOR OF STATE LEGISLATIVE AFFAIRS, MADD
testified via teleconference in support of SCS CSHB 19. The
goal for MADD is to have ignition interlock devices
stipulated in law for convicted offenders. The organization
would ultimately like a mandate for anyone convicted of a
DUI with a .08 BAC or higher to be required to use an
ignition interlock device. She listed studies to back up
MADD's view.
10:57:50 AM
DALE FOX, PRESIDENT, CEO, CHARR testified via teleconference
in support of SCS CSHB 19. He related that 65 percent of
highway fatalities are committed by those with 1.5 blood
alcohol and above, and by those who have committed multiple
DUI's. He suggested one small change to the bill: to have
the hardcore, repeat offenders be required to use the
ignition interlock device. He thought that first timers
should be excluded from the provision.
11:00:17 AM
NARDA BUTLER, DOUGLAS, explained that there is a significant
amount of data that proves the effectiveness of the devices.
She purported that the bill is not about punitive sanctions,
but rather an issue of public safety. She outlined specific
changes and suggested removal of the words "during
probation". She questioned if the bill would address the
population of individuals most recently convicted of driving
with a license revoked or suspended subsequent to a DUI.
She suggested a performance-based exit and to include
felons.
11:07:33 AM
RODNEY HEBERT, TANANA, testified that the bill only covers
misdemeanors, not felons, and felt that felons should be
included in the bill.
11:13:23 AM
WHITNEY BREWSTER, DIRECTOR, DIVISION OF MOTOR VEHICLES,
stated that DMV does support the bill. She addressed
Senator Thomas's question and said there will be no change
in the coordination between the courts and DMV due to this
bill.
11:15:18 AM
Senator Huggins voiced concern with Section 7. He question
what would happen if an offender moved to another community
that was not on the list.
Ms. Brewster said that the Department is in favor of the
application on a statewide basis. She thought that a person
who moved to an area where the device was not required would
not have to comply.
Co-Chair Meyer made closing comments saying he would provide
answers to questions asked by the Committee.
Senator Elton noted the suggestion to provide for the
extension of the use of an interlock device if someone
attempts to drive drunk before the end of their probation.
SCS CSHB 19 (JUD) was HEARD and HELD in Committee for
further consideration.
11:18:53 AM
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