Legislature(1993 - 1994)
03/08/1993 02:30 PM Senate JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB133 SENATOR TAYLOR introduced SCR 2 (FEDERAL-AID HIGHWAY FUNDING-DRUG ENFORCEMENT), SB 133 (REVOCATION OF DRIVER'S LICENSE), and invited SENATOR SHARP to testify on the bills. SENATOR SHARP emphasized the bills were sponsored by the Senate Transportation Committee by request. SENATOR SHARP said the two bills, SCR 2 and SB 133, were an either/or type of legislation dealing with the revocation of driver's licenses for a drug offense. SENATOR SHARP explained that PL 101-516, Department of Transportation and Related Appropriations Act, Sec. 333 mandated withholding federal-aid highway funds from states that fail to enact legislation requiring the suspension of an individual's driver's license upon conviction of a violation of the federal Controlled Substances Act - or any drug offense. SENATOR SHARP further explained the law that provided for revocation or suspension of drivers licenses required driver licensing action against violators of drug offenses not limited to moving violations - and not necessarily involving a motor vehicle. SENATOR SHARP said the state could avoid the withholding of funds, first, by enacting a law that provides for revocation or suspension of driver's licenses upon any conviction of the Controlled Substances Act - or any drug offense. SENATOR SHARP explained the second way would be for the State of Alaska to submit to the Secretary of Transportation, a certificate stating that the Governor is opposed to the enactment or enforcement of such a law, and the Legislature has adopted a resolution (SCR 2) expressing its opposition to such a law. He said the Hickel Administration had indicated a willingness to support either approach, which means the Governor would have to include a letter accompanying the resolution. SENATOR SHARP described what he called the blackmail part which states, "If a state does not meet the statutory requirements by October 1, 1993, then 5% of the federal highway apportionment for FY 94 shall be withheld; 5% will be withheld also in FY 95 if the requirement is not met by October 1, 1994, if neither action is taken by October 1, 1995, in FY 96 10% of federal funds will be withheld." Number 095 SENATOR SHARP explained if SB 133 is passed, Alaska will have to submit its certification by April 1, on an annual basis, that they are enforcing the law. Once the state has passed the resolution (SCR 2), and the resolution has been determined to be in compliance, the Governor is required to send a letter each year, but the Legislature is not required to pass a resolution each year. Certification takes place through the normal federal apportionment process in October, which is the beginning of their fiscal year. SENATOR SHARP said the Legislature must act on the resolution or bill by April 1, 1993 to allow time for certification, and he explained that many states had opted for the resolution, because they resent the federal government's intervention. He knew of 16 states that have the passed the bill, but only three have been certified as having proper statutes, which, he said, makes the odds rather slim for Alaska. SENATOR SHARP concluded with the statistics that 5% of $212 million of ISTEA money would be $10.6 million lost to the state the first two years. If it went up to 10% of $212 million for the third year, it would be $21.2 million lost, and he explained the funds can not be captured by any other method. He said other people would be speaking to the technicalities of the legislation. SENATOR TAYLOR opened the meeting to questions from the committee members. SENATOR LITTLE asked SENATOR SHARP if the Transportation Committee had a recommendation for proceeding with the issue, and SENATOR SHARP suggested it would be individual preference, but he thought it should be done expeditiously. SENATOR LITTLE clarified that both pieces of legislation would have the same effect and the State would continue to receive full highway funding. Number 159 SENATOR JACKO asked SENATOR SHARP if more states used the resolution rather than the bill method, but SENATOR SHARP was not sure. The bill was patterned after the once belonging to the three states that had successfully submitted resolutions. SENATOR TAYLOR noted that JUANITA HENSLEY and LORN CAMPBELL from Public Safety, and JEFF OTTESEN from DOT/PF were available to answer questions. He asked one of them to respond to SENATOR JACKO'S question. MS. HENSLEY explained that the National Transportation Highway Safety Administration is recommending the states opt out with the resolution, and she quoted the Governor's office as wishing to have the legislation passed, but he was not in opposition to the resolution. She expressed concerns that once the legislation is passed, it has to be sent to Washington D.C. and massaged through 16 different offices, before they will make their final approval. SENATOR JACKO asked her if she supported the resolution as being easier to get approved, and she agreed. They discussed the proposal by the NTHSA to opt out, because the legislation would have to go through the 16 agencies before April 1 of this year. SENATOR TAYLOR clarified she meant April 1 and not October 1, and she explained the provisions. MS. HENSLEY raised the specter of an additional problem affecting commercial drivers licenses being in compliance with the Motor Vehicle Safety Law from 1986. When SENATOR TAYLOR asked for the penalty, MS. HENSLEY said it was also 5% for two years and 10% for each year thereafter, but she wasn't sure if it was in addition to the penalty on the drug offenses. Number 225 SENATOR LITTLE ask for an opinion from the Department of Public Safety on the proposed legislation, and she quoted Public Safety as supporting anything that would help the safety of the public. MS. HENSLEY said the department supported the legislation as well as the resolution, but had reservations about revoking drivers licenses for non-driving offenses. She praised present Alaska laws as being sufficient to protect the public against those who drive under the influence of drugs. SENATOR LITTLE asked MS. HENSLEY if she thought the proposed legislation would be a deterrent on drug offenses. MS. HENSLEY didn't have the counseling knowledge to know whether the penalties would prevent a person from selling or using drugs, and she described the problems involved. SENATOR JACKO moved to pass SCR 2 (FEDERAL-AID HIGHWAY FUNDING/DRUG ENFORCEMENT) from committee with individual recommendations. Without objections, so ordered. SENATOR LITTLE moved to pass SB 133 (REVOCATION OF DRIVER'S LICENSE) from committee with individual recommendations. Without objections, so ordered.
| Document Name | Date/Time | Subjects |
|---|