Legislature(2003 - 2004)

04/27/2004 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SB 224-MINORS DRIVING AFTER CONSUMING ALCOHOL                                                                      
                                                                                                                                
RICHARD  SCHMITZ,   staff  to   Senator  John   Cowdery,  sponsor                                                               
explained that the bill has gone  through a number of changes and                                                               
the most recent version was \X.                                                                                                 
                                                                                                                                
CHAIR GARY  STEVENS asked for a  motion to adopt the  most recent                                                               
committee substitute (CS).                                                                                                      
                                                                                                                                
SENATOR BERT  STEDMAN motioned  to adopt CSSB  224 \X  version as                                                               
the  working  document.  There  being no  objection,  it  was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
MR. SCHMITZ asked the committee  to amend that version to correct                                                               
a small error.                                                                                                                  
                                                                                                                                
CHAIR GARY  STEVENS asked  for an explanation  of the  purpose of                                                               
the bill first.                                                                                                                 
                                                                                                                                
MR. SCHMITZ replied  it is to increase the penalty  on minors who                                                               
elect to drink  and drive. He said we know  it's illegal to drink                                                               
alcohol if you  aren't 21 years old. A separate  issue relates to                                                               
people  that get  cited for  driving under  the influence  (DUI),                                                               
which means  they have a blood  alcohol content of at  least .08.                                                               
SB 224  falls in between and  relates to the people  that may not                                                               
be drunk  according to  the DUI standard,  but they  are breaking                                                               
the law because  they're under 21 years old  and they're drinking                                                               
and driving. The  sponsor wants to see  those penalties increased                                                               
and originally  drafted the bill  to make  the offense a  class B                                                               
misdemeanor. They ran into difficulty  because federal law states                                                               
that you can't send someone to jail for a status offense.                                                                       
                                                                                                                                
The  \X  version CS  calls  for  mandatory penalties.  The  first                                                               
offense  brings  a $500  fine  and  community work  service.  The                                                               
second offense brings a $1,000 fine  and a third offense brings a                                                               
$1,500  fine.  Subsequent fines  would  be  no more  than  $1,500                                                               
because  a  larger  fine  would   boost  the  infraction  to  the                                                               
misdemeanor penalty level.                                                                                                      
                                                                                                                                
CHAIR  GARY STEVENS  asked  for an  explanation  of the  proposed                                                               
amendment.                                                                                                                      
                                                                                                                                
MR. SCHMITZ explained  there were two drafting errors  on page 4.                                                               
The bold type is inserted in the following:                                                                                     
                                                                                                                                
                          AMENDMENT 1                                                                                           
                                                                                                                                
CSSB 224 23-LS1037\X                                                                                                            
                                                                                                                                
Page 4, line 2                                                                                                                  
(2) has  been previously  convicted once  under this  section, AS                                                             
28.35.280, or                                                                                                                   
                                                                                                                                
Page 4, line 11                                                                                                                 
                                                                                                                                
(3) has  been previously convicted  two or more times  under this                                                             
section, AS 28.35.290, or                                                                                                       
                                                                                                                                
CHAIR GARY STEVENS asked for a motion to adopt Amendment 1.                                                                     
                                                                                                                                
SENATOR STEDMAN  motioned to  adopt Amendment  1. There  being no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
SENATOR GRETCHEN GUESS asked where  she could find the definition                                                               
in  statute or  regulation for  operating a  motor vehicle  after                                                               
consuming alcohol.                                                                                                              
                                                                                                                                
MR. SCHMITZ deferred to the Department of Public Safety.                                                                        
                                                                                                                                
LEEANN  LUCAS, special  assistant to  the Commissioner  of Public                                                               
Safety, said  that for  the purposes of  this bill,  AS 28.25.280                                                               
provides the definition.  It includes youths between  the ages of                                                               
14 and 21.                                                                                                                      
                                                                                                                                
SENATOR GUESS asked whether there is  a way to determine that the                                                               
youth  was   consuming  alcohol  rather  than   cough  syrup  for                                                               
instance.                                                                                                                       
                                                                                                                                
MS. LUCAS said it does, and read the statute.                                                                                   
                                                                                                                                
SENATOR GUESS asked whether this had been litigated.                                                                            
                                                                                                                                
MS. LUCAS deferred to Lt. Storey.                                                                                               
                                                                                                                                
LT.  STOREY,  Alaska State  Trooper,  said  there would  be  some                                                               
investigation  involved  and if  the  youth  said they  had  been                                                               
taking cough medicine that would be taken into consideration.                                                                   
                                                                                                                                
SENATOR  GUESS  asked if  there  would  be any  problems  because                                                               
current statute says "at least 14 years of age."                                                                                
                                                                                                                                
LT. STOREY  said he didn't believe  that would be a  problem, but                                                               
that  isn't to  say that  there  wouldn't be  instances in  which                                                               
youths younger than 14 would consume alcohol.                                                                                   
                                                                                                                                
SENATOR  STEDMAN  asked  at what  point  the  Breathalyzer  meter                                                               
becomes more viable.                                                                                                            
                                                                                                                                
LT. STOREY  said that  troopers carry  a preliminary  breath test                                                               
device that is  recalibrated from time to time and  then there is                                                               
the Intoximeter that is proven and very accurate.                                                                               
                                                                                                                                
SENATOR STEDMAN  noted that in  previous testimony he  heard that                                                               
accurate readings are difficult to obtain at a .02 level.                                                                       
                                                                                                                                
LT.  STORER said  the  accuracy of  the  preliminary breath  test                                                               
could be argued at the  .02 level, but the specific circumstances                                                               
and other considerations would be taken into consideration.                                                                     
                                                                                                                                
CINDY CASHEN said  she was representing MAAD  Alaska chapters and                                                               
they support the bill. "We want  what is effective for our minors                                                               
not  only to  stop underage  drinking but  also stop  making poor                                                               
choices and  one of  the poor choices  is drinking  and driving,"                                                               
she said.                                                                                                                       
                                                                                                                                
The system  is currently  overloaded and  the kids  quickly learn                                                               
how  to work  the system.  This bill  will help  make these  kids                                                               
immediately  face  the consequences  of  their  actions and  will                                                               
increase community service in areas related to the infraction                                                                   
                                                                                                                                
There was no further testimony.                                                                                                 
                                                                                                                                
SENATOR GUESS motioned  to move CSSB 224(STA)  amended \X version                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note. There being no objection, it was so ordered.                                                                       

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