Legislature(1997 - 1998)

02/24/1997 09:00 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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        SB  71 DRIVERS LICENSES & DRUG & ALCOHOL PROGRAM                      
                                                                              
  CHAIRMAN WILKEN  introduced  SB 71  as the final order of business           
 before the committee.                                                         
                                                                               
  MARGOT KNUTH , Department of Law, said that SB 71 was the Governor's         
 bill in response to his Conference on Youth & Justice.  Ms. Knuth             
 provided the committee with copies of the abridged version.                   
 Alcohol is one of the most significant problems in Alaska and the             
 youth with this problem are the group most worthy of attention.               
 There is a "use it lose it" law in place which takes a minor's                
 drivers license when convicted of any offense related to alcohol              
 whether a possession, consuming, or driving offense.  Before the              
 minor can have his/her drivers license back, an alcohol education             
 program must be completed.  Adults in the same situation are                  
 treated differently.  An adult must first be screened in order to             
 determine if an education program would solve the problem or if               
 treatment is necessary and at what level.  Adults also have                   
 compliance and the recommendations are monitored.  SB 71 will allow           
 DHSS to prepare and be responsible for an alcohol information                 
 course and create the Junior Alcohol Safety Action Program (ASAP).            
 Junior ASAP will first screen the minor in order to determine the             
 appropriate level of education and treatment.  The minor's                    
 compliance will also be monitored.  SB 71 intends to create a                 
 meaningful intervention in the lives of these minors.  The longer             
 the alcohol problem is left unaddressed, the more difficult it will           
 be to have a meaningful turn around.                                          
                                                                               
 Ms. Knuth pointed out that SB 71 costs money.  SB 71 calls for the            
 reinstatement fees for the revocation of a drivers license to be              
 raised from $100 to $250 in order to provide the funding for this             
 service.  Ms. Knuth acknowledged that $250 is quite a bit, but                
 other sources of revenue could not be identified.  Those targeted             
 to pay for this is the group of offenders who have engaged in                 
 illegal behavior which resulted in the revocation of their license.           
                                                                               
                                                                               
  SENATOR WARD  inquired as to the percentage of the driving test that         
 is related to the laws regarding alcohol and driving.   MARGOT KNUTH          
 could not provide that information.                                           
                                                                               
 Number 453                                                                    
                                                                               
  JUANITA HENSLEY , Chief of Drivers Services, explained that all              
 drivers license tests are required to have a section regarding drug           
 and alcohol and driving.  There are several questions of the 20 on            
 the test regarding drunk driving, the penalties and such.  Ms.                
 Hensley did not have the exact percentage.  In response to Senator            
 Ward, Ms. Hensley offered to bring copies of the tests as well as             
 the drivers manual.  The manual contains a chapter regarding                  
 alcohol, the law, etc.  The drivers manual is also on the internet.           
                                                                               
  SENATOR WARD  believed that an educational possibility, highlighting         
 the extreme consequences through the test, had been missed.                   
 Senator Ward commented that conditional licenses could be issued to           
 minors with drug and alcohol.                                                 
                                                                               
  JUANITA HENSLEY  informed the committee that the Driver Improvement          
 Section has tried to talk to minors in the schools regarding the              
 "use it lose it" law and the penalties.  Ms. Hensley pointed out              
 that the Office of Highway Safety Planning developed a brochure               
 discussing the penalties that is available to minors.                         
                                                                               
  SENATOR WARD  stated that it is a privilege to receive a license.            
 Senator Ward expressed the need to ensure that minors understand              
 the consequences of driving under the influence of drugs and                  
 alcohol even if extra burdens must be placed on the minor.  Senator           
 Ward said that it would not cost a great deal more.  The                      
 educational component may be lacking.                                         
                                                                               
 Number 395                                                                    
                                                                               
  CHAIRMAN WILKEN  acknowledged the presence of some young people in           
 the audience.  The following students were present:  Audrey Caulum,           
 Jeff Lund,  Dennis Plantz, and Jessica Gardner.   Chairman Wilken             
 asked if the youths were aware of the "use it lose it" law and if             
 so, how had the youth been introduced to this law.  The youths had            
 learned of the law through the school, the local teen center and              
 talks from the local police.                                                  
                                                                               
  SENATOR WARD  asked the youths if any were introduced to the                 
 consequences of driving under the influence of drugs or alcohol               
 through the licensing procedures.  The youths had read the chapter            
 in the drivers manual and felt the information was adequate, but              
 more information could be present.                                            
                                                                               
  SENATOR LEMAN  asked if the information was effective and would it           
 change behavior.  The youths believed that some would ignore the              
 information and drive without a license.  Senator Leman noted that            
 a constituent had indicated that the "use it lose it" law may be              
 too tough; is the law appropriate?  The youths believed the law to            
 be appropriate, but indicated that the law was not being enforced.            
                                                                               
  SENATOR GREEN  discussed a minor constituent in which she thought            
 she had made arrangements to attend the ASAP, although the letter             
 of transmittal states that there is no program for minors similar             
 to the ASAP.     JUANITA HENSLEY  explained that the minor was referre        
 through one of the licensed alcohol rehabilitation programs for               
 screening and evaluation.  Based on that information, the minor               
 would be referred to the appropriate program.  Currently there are            
 no programs designed for minors which has necessitated this bill.             
 Ms. Hensley informed the committee that she had estimated that                
 there would be 3,500 revocations a year under the "use it lose it"            
 law.  In 1996, almost 4,000 revocations occurred.                             
                                                                               
  SENATOR GREEN  thought a side-by-side comparison regarding what is           
 currently offered and what would be offered under SB 71 would be              
 helpful.  Senator Green was interested in the program that the                
 minors in Mat-Su were attending.                                              
                                                                               
 Number 314                                                                    
                                                                               
  LOREN JONES , Director of the Division of Alcohol & Drug Abuse for           
 DHSS, said that in most areas there are adult ASAP programs which             
 are not age appropriate for those under the age of 18.  All the               
 alcohol information schools are approved through the DMV and the              
 course includes at least four hours of drivers education as part of           
 the eight hour course.  Mr. Jones noted that most of the adult                
 programs attempt to address the needs of minors which does not                
 afford the best opportunity for the minors.  In Mat-Su there is age           
 appropriate intervention and treatment for minors through the                 
 alternative school, the Mat-Su Council, etc.  SB 71 would transfer            
 to the division the approval authority for alcohol information                
 schools in order to create an age appropriate curriculum and then             
 fund local efforts to do assessments and initial screening.  The              
 Community Action Against Substance Abuse Program which was passed             
 six years ago of which Senator Ellis was the sponsor is an                    
 appropriate mechanism to generate local resources and establish               
 standards, quality, and outcomes for the program.                             
                                                                               
 Mr. Jones informed the committee that the youth present were a                
 group reviewing the issues surrounding alcohol and youth access.              
 When Mr. Jones met with the youth, they all knew about the "use it            
 lose it" law, but had concerns.  The youth felt that a minor would            
 lose his/her license, but no further action or education was taken.           
                                                                               
 Number 253                                                                    
                                                                               
  VALERIE THE  RRIEN , Chair of the Legislative Committee for the              
 Advisory Board on Alcohol & Drug Abuse, supported SB 71 in the                
 respect that those minors consuming and other alcohol related                 
 offenses be referred to treatment before the point of revoking the            
 minor's license.  SB 71 is the funding mechanism for JR. ASAP.  Ms.           
 Therrien discussed testimony heard from the participants in the               
 Youth Congress which indicated the easy access minors have to drugs           
 and alcohol.  The Youth Congress participants cited tobacco as the            
 biggest problem for some communities.  In many communities the                
 parents cover up for their children.  Ms. Therrien noted the                  
 enormous availability of drugs in Fairbanks and said that                     
 elementary children were drinking in the sixth grade.  These                  
 elementary children need to be addressed before the point at which            
 their license is revoked.  Ms. Therrien noted that someone at the             
 Youth Congress said that some minors in Ketchikan are arrested for            
 minors consuming alcohol every day and are not referred.                      
                                                                               
 The Youth Congress wants the first time a minor is caught to be the           
 last time.  The fines are too lenient.  The Youth Congress wants              
 stricter laws that are enforced.  Ms. Therrien suggested placing              
 more rookies on the beats to enforce the laws.  Further the                   
 enforcement of the laws should occur, even at the citizen level.              
 Ms. Therrien supported SB 71.  Prevention is the key.                         
                                                                               
 Number 150                                                                    
                                                                               
  DON DAPCEVICH , Executive Director of the Advisory Board on                  
 Alcoholism & Drug Abuse, informed the committee that of the 4,000             
 minors consuming incidents last year, 400 assessments and referrals           
 to treatment were made.  Those 400 were predominately in Juneau and           
 Mat-Su.  Mr. Dapcevich, a former program director in Juneau,                  
 recalled the numerous recurrence of minor consuming incidents which           
 did not result in referral until a later age when the addiction is            
 worse.  Juneau established a JR. ASAP which allowed intervention at           
 an early age.  Mr. Dapcevich encouraged the committee to seriously            
 consider SB 71 due to its ability to offer major change in the                
 delivery of drug and alcohol services in Alaska.                              
                                                                               
  CESAR DIMATTEO , Executive Director of the Alaska Council on                 
 Prevention of Alcohol & Drug Abuse, informed the committee that he            
 was on the Youth & Justice Conference for the Governor, Executive             
 Committee for Prevention, and the Drug & Alcohol Directors                    
 Association.  Mr. DiMatteo supported SB 71.  Mr. DiMatteo agreed              
 with Senator Ward's comments regarding early intervention to avoid            
 later problems.  This discussion is about the different stages of             
 this problem.  First, information is given which Mr. DiMatteo                 
 acknowledged does not necessarily change behavior.  SB 71 offers              
 the next stage of more education.  Mr. DiMatteo agreed with Ms.               
 Therrien that more prevention regarding the consequences is                   
 necessary.  Even still, youth fall between through the system.                
                                                                               
 Under ASAP, the individual's problem is assessed and then referred            
 to the appropriate intervention or treatment.  Then the individual            
 can have a life and stop the cycle.  Currently, an assessment is              
 done, but there is no follow-up or place to refer the minor.                  
                                                                               
  SENATOR WARD  inquired as to the amount of time spent on honoring            
 sobriety in society during the Youth Congress.   CESAR DIMATTEO               
 noted that SB 71 was one of the over 100 recommendations during the           
 Youth & Justice Conference.  Further, the Prevention Group                    
 attempted to recommend a marketing plan submitting the positive               
 aspects of youth to newspapers.  Mr. DiMatteo stressed the need for           
 a constituency for the youth recovering.  Mr. DiMatteo informed the           
 committee that he was a recovering person.                                    
                                                                               
  TAPE 97-19, SIDE A                                                           
                                                                               
  SENATOR WARD  stressed that this includes everyone from youth to             
 seniors.  Senator Ward said that when a solution is highlighted and           
 the people are treated with honor, it grows as is the case in                 
 Anchorage in segments of Mountain View.  Senator Ward did not know            
 if such could even be legislated.                                             
                                                                               
  VALERIE THERRIEN  noted that students were being honored through the         
 Youth Congress which she felt should be done through every                    
 community.                                                                    
                                                                               
  CESAR DIMATTEO  informed the committee that there are prevention and         
 intervention models such as Risk & Resiliency - Protective Factors            
 and Asset Building.  The Search Institute developed Asset Building            
 which determined that if a minor has 25-40 assets, that minor has             
 a minimal ability of participating in drugs and alcohol.  Mr.                 
 DiMatteo emphasized that there are options which are not being                
 used.                                                                         
                                                                               
  VALERIE THERRIEN , a recovering person, noted that many of the               
 minors present for the Youth Congress are either peer helpers or              
 natural helpers who are trained to intervene with other minors.               
 Ms. Therrien reiterated that prevention and education work.                   
                                                                               
 Number 075                                                                    
                                                                               
  CHAIRMAN WILKEN  requested that the public defenders fiscal note             
 needed to be developed further.  Chairman Wilken referred to                  
 paragraph nine of the DHSS fiscal note when requesting that DHSS              
 specify what the $500,000 would accomplish with examples.  Further,           
 the numbers on the fiscal note from the Department of Public Safety           
 is remarkable.  Chairman Wilken directed the committee to paragraph           
 four of the DHSS fiscal note which says that the numbers of second            
 and third time offenders is about equal to the numbers of first               
 time offenders which indicates that something is broken.  Chairman            
 Wilken announced that SB 71 would be held.                                    
                                                                               
  REX CARVER , Chaperon of the Youth Congress, introduced the other            
 chaperon Denise Weyhmiller.  Mr. Carver works at the Sitka Teen               
 Resource Center which provides alcohol information schools.  Ms.              
 Martinson coordinated the Youth Conference where youth will learn             
 more about drug and alcohol issues and how students can impact                
 these issues.  Mr. Carver, through his work, felt that giving                 
 communities the endorsement for early intervention is crucial and             
 beneficial.  Mr. Carver believed that law enforcement could improve           
 if avenues were in place to send minors.                                      
                                                                               
  CHAIRMAN WILKEN  thanked everyone for participating.  Chairman               
 Wilken announced that the foundation formula subcommittee would be            
 meeting soon.  There being no further business before the                     
 committee, the meeting was adjourned at 10:50 a.m.                            

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