Legislature(2007 - 2008)BELTZ 211
05/04/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB19 | |
| SB145 | |
| SB18 | |
| SB157 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | HB 19 | ||
| = | SB 145 | ||
| = | SB 18 | ||
| = | SB 157 | ||
CSHB 19(FIN)-LTD. DRIVER'S LICENSES/IGNITION INTERLOCK
CHAIR FRENCH announced the consideration of HB 19 and asked for
a motion to adopt Version \R.
1:40:23 PM
SENATOR THERRIAULT motioned to adopt Senate committee substitute
(CS) for CSHB 19, Version \R, labeled 25-LS0133\R, as the
working document before the committee. There being no objection,
it was so ordered.
MIKE PAWLOWSKI, Aide to Representative Kevin Meyer, advised that
the sponsor wants him to convey that merging the two proposals
creates a more comprehensive program. The pieces of the bill
that are intact from the original version are found in Sections
1 and 3. Section 1 is clean up language related to ignition
interlock devices in the tampering statutes Section 3 is
conforming language.
CHAIR FRENCH explained that Version\ R combines Representative
Meyer's limited license interlock bill and the interlock bill he
had been working on. The limited license interlock is available
on a first, second or third DWI as long as the terms of the
limited license haven't been violated. Section 4 says if you've
violated the terms of the limited license then it's no longer an
option. The remaining sections deal with ignition interlocks
during the period of probation for having been convicted of DWI.
Currently there is a year of interlock for a first conviction,
two years for a second conviction, three years on a third
conviction, and throughout the period of probation after that.
Also there is a uniform standard for where and when ignition
interlocks are used. Basically that tracks the person's
insurance requirements, he stated.
1:43:10 PM
MR. PAWLOWSKI relayed that the sponsor believes that the Chair's
interpretation of how to deal with smaller communities and the
insurance exemption leads to a more predictable outcome as
opposed to leaving it to the courts.
CHAIR FRENCH stated that it was a pleasure to work with him and
Representative Meyer. He described this as a bold new experiment
in DWI prosecution because it will require ignition interlocks
for every person who is convicted of DWI. He thanked Senator
Wielechowski for his work on that idea. "It seems to be working
in New Mexico and Alaska has had a long and tragic history…with
DWI, and there doesn't seem to be any downside to giving this a
go," he stated.
MR. PAWLOWSKI added that the probation lengths that the Chair
put in correspond well with the Department of Public Safety's
letter that talks about the amazing gains in recidivism in
Canadian provinces that have a similar provision. He noted it's
in the neighborhood of 80 plus percent.
CHAIR FRENCH said we're all hopeful.
1:44:28 PM
SENATOR THERRIAULT asked him to clarify whether it's a
recidivism rate of 80 percent or 80 percent of the people.
MR. PAWLOWSKI clarified that it's a decrease in recidivism in 80
percent of the people.
SENATOR THERRIAULT asked about the fiscal impact.
MR. PAWLOWSKI said HB 19 had a fiscal note from the Division of
Motor Vehicles (DMV) relating to producing a new license. In the
first year the impact is $76 thousand with personal services
comprising the largest component. Contractual services
represents programming for the DMV data base that would be done
in only the first year. Each subsequent year the cost is $59
thousand, which is paid for by the application fees.
CHAIR FRENCH moved 25-LS0133\R.1 as Amendment 1 and objected for
discussion purposes.
25-LS0133\R.1
Luckhaupt
7/11/09
AMENDMENT 1
Page 3, line 6, following "and":
Insert ", when applicable,"
CHAIR FRENCH explained that this clarifies that this section
applies to driving on the road system, which he's using as a
proxy for where you have mandatory insurance and where you have
to have the interlocks. "If you don't have to have the
interlock, you don't have to comply with this section."
SENATOR THERRIAULT asked if he could get around the requirement
by moving to a community that doesn't require an interlock.
CHAIR FRENCH said no.
MR. PAWLOWSKI added that the key is on page 3, line 4 where it
says that it would be a requirement "whenever the person
operates a motor vehicle."
CHAIR FRENCH explained that he could avoid the requirement to
use an interlock if he moved to a small community and stayed
there to operate his motor vehicle where there is no requirement
to have insurance. He could not avoid the requirement by
claiming to be from that community because he got a post office
box and registered his vehicle there.
MR. PAWLOWSKI described the addition as clean-up language.
1:48:09 PM
CHAIR FRENCH removed his objection to Amendment 1. Finding no
further objection he announced that Amendment 1 is adopted and
the bill is back before the committee. He noted that the
effective date is January 1, 2008. Finding no further
discussion, he asked for a motion.
1:48:54 PM
SENATOR WIELECHOWSKI motioned to report SCS CSHB 19(JUD) from
committee with individual recommendations and attached fiscal
note(s). There being no objection, it was so ordered.
1:49:20 PM at ease.
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