Legislature(2007 - 2008)BELTZ 211

03/13/2007 09:00 AM Senate STATE AFFAIRS


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09:04:00 AM Start
09:04:58 AM Confirmation Hearing: State Commission for Human Rights
09:14:07 AM Confirmation Hearing: Alaska Public Offices Commission
09:27:14 AM SB92
09:59:01 AM SB33
10:29:40 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
State Commission for Human Rights:
Karen Rhoades
Alaska Public Offices Commission:
Shirley Dean
*+ SB 92 LIMITED LICENSE IGNITION INTERLOCK TELECONFERENCED
Heard & Held
*+ SB 33 DNA FROM PERSONS CHARGED WITH FELONIES TELECONFERENCED
Heard & Held
*+ Bills Previously Heard/Scheduled TELECONFERENCED
           SB  92-LIMITED LICENSE IGNITION INTERLOCK                                                                        
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 92.                                                                             
                                                                                                                                
SENATOR  FRENCH   said  the  ignition  interlock   device  is  an                                                               
automatic check  to prove that  drivers are sober  before driving                                                               
their cars.  The idea  is to put  something between  repeat drunk                                                               
drivers and  their cars. SB  92 uses modern technology  to combat                                                               
drunk  driving  in Alaska,  which  has  one  of the  highest  DUI                                                               
[driving  under  the  influence]   rates  in  the  country.  Many                                                               
convicted  drivers are  multiple offenders.  In 2006,  nearly one                                                               
third  of Alaska's  DUI cases  involved  a person  that had  been                                                               
convicted  in  the past.  The  device  would be  required  during                                                               
probation for  repeat DUI offenders and  for first-time offenders                                                               
with a  blood-alcohol level of over  0.15. In order for  a repeat                                                               
offender to drive, the car must  be equipped with the device, and                                                               
the cost of the device will be  borne by the offender. If a judge                                                               
grants  a limited  license privilege  to an  offender during  the                                                               
period of license  revocation, the bill will  require the device.                                                               
No one will argue that Alaska  needs to lower its DUI statistics,                                                               
he stated, and SB 92 is a proactive step.                                                                                       
                                                                                                                                
9:27:14 AM                                                                                                                    
SENATOR FRENCH said there are places  in the state where it might                                                               
be impossible  to install the device,  and the bill leaves  it to                                                               
the commissioner to delegate where  its use is feasible. He noted                                                               
that in  Unalaska the cost  of the  device would be  over $1,000.                                                               
The idea is  to get as many people as  possible, and he suggested                                                               
that the use  of the device will be feasible  in the Railbelt and                                                               
other cities  that can  support the  necessary technician.  It is                                                               
not a  magic bullet--there  is always  a way  for someone  to get                                                               
around the  law--but Alaska needs  to make it more  difficult for                                                               
someone to  drive drunk. The  device will also allow  someone who                                                               
is sober back behind the wheel, he concluded.                                                                                   
                                                                                                                                
9:29:06 AM                                                                                                                    
SENATOR BUNDE said  he supports the goal, and he  has looked into                                                               
it before,  but he  was discouraged by  the scofflaws  that could                                                               
get around the system. He asked about cheating in other states.                                                                 
                                                                                                                                
MS. BABETTE  MILLER, Owner,  Smart Start,  said she  doesn't have                                                               
those numbers, but she can get them.                                                                                            
                                                                                                                                
SENATOR  BUNDE said  the new  interlocks are  more sophisticated,                                                               
and he asked how they work.                                                                                                     
                                                                                                                                
MS.  MILLER  said  the  interlock system  works  by  blowing  and                                                               
humming  into  the  unit  for seven  seconds.  A  voice  detector                                                               
prevents someone from using an air tank.                                                                                        
                                                                                                                                
9:31:19 AM                                                                                                                    
SENATOR  STEVENS  asked if  the  system  detects that  particular                                                               
individual, and what the costs are.                                                                                             
                                                                                                                                
MS. MILLER said there  is a new unit that takes  a picture of the                                                               
individual blowing  into the unit  to verify identity, but  it is                                                               
not approved  for Alaska yet.  She said her company  charges $100                                                               
for installation and $125 a month for the lease.                                                                                
                                                                                                                                
SENATOR BUNDE  said when  someone builds  a better  lock, someone                                                               
finds a better  hacksaw. He asked about a person  required to use                                                               
an interlock in one town who went to another town to buy a car.                                                                 
                                                                                                                                
9:33:11 AM                                                                                                                    
SENATOR  FRENCH said  it is  not  a matter  of where  the car  is                                                               
registered, but where the person  will be driving. He assumes the                                                               
department  will consider  everything when  granting a  waiver to                                                               
drive. There are ways of checking where a person lives, he said.                                                                
                                                                                                                                
9:34:07 AM                                                                                                                    
SENATOR BUNDE  asked if  the department  will do  a case  by case                                                               
analysis of who will get a waiver.                                                                                              
                                                                                                                                
SENATOR FRENCH  said it could be  a hybrid, and someone  could be                                                               
exempted   because  of   the  disproportionate   costs,  and   he                                                               
anticipates that there will be regional exemptions.                                                                             
                                                                                                                                
SENATOR BUNDE  said some people  will claim poverty,  forcing the                                                               
state to pick up the tab.                                                                                                       
                                                                                                                                
SENATOR FRENCH said  driving is a privilege not a  right, and the                                                               
state will  not pay. If  a person can't  afford a car,  the state                                                               
doesn't  offer a  car. Likewise,  if a  person can't  satisfy the                                                               
condition of  the sentence,  he or  she will  need to  use public                                                               
transportation. There is  a huge cost involved,  but his sympathy                                                               
is with the ones hurt by drunk drivers.                                                                                         
                                                                                                                                
SENATOR BUNDE said  he agrees that the perpetrator  must bare the                                                               
costs, and the state should not pay for the program.                                                                            
                                                                                                                                
SENATOR  GREEN asked  when the  infraction  actually occurs.  She                                                               
asked if driving a different car is an offence.                                                                                 
                                                                                                                                
9:36:36 AM                                                                                                                    
SENATOR FRENCH said the onus would  be on the person; if driving,                                                               
he or  she must  be behind the  wheel of a  car with  the device.                                                               
Family members can drive that car or a car without a device.                                                                    
                                                                                                                                
RODNEY  DIAL,   Lieutenant,  Alaska  State  Troopers,   said  the                                                               
Department of  Public Safety  fully supports  SB 92.  Having this                                                               
device  is not  only a  reminder  to the  driver; it  is also  an                                                               
indication to the rider. He has  made hundreds of DUI arrests and                                                               
is constantly  amazed at the number  of drunk drivers who  have a                                                               
sober passenger.  "We are  fairly excited  about this,  that this                                                               
will reduce  some of the impaired  drivers on our roads  and make                                                               
Alaska highways safer," he stated.                                                                                              
                                                                                                                                
9:39:26 AM                                                                                                                    
SENATOR BUNDE  noted the sponsor's intention  of exempting remote                                                               
areas  because  of the  added  costs.  "If  you can't  afford  an                                                               
interlock that's  going to cost  you $1,000, maybe you  ought not                                                               
to drink."  He noted  there are  places where  bootlegged alcohol                                                               
costs hundreds  of dollars  a gallon, and  "perhaps there  is the                                                               
money available if there is the will."                                                                                          
                                                                                                                                
9:40:24 AM                                                                                                                    
SENATOR  FRENCH   said  one  study  shows   repeat  offenses  are                                                               
decreased 80  percent in  the first year  of using  the interlock                                                               
device. He pointed out one letter  in support of SB 92 that notes                                                               
the harm done  by repeat offenders. We can  eliminate the killing                                                               
of innocent people--or keep downward pressure, he said.                                                                         
                                                                                                                                
SENATOR  GREEN  noted  that court-imposed  fines  don't  vary  by                                                               
region and  why Senator French  is concerned about  the variation                                                               
in the cost of the interlock device.                                                                                            
                                                                                                                                
9:41:57 AM                                                                                                                    
SENATOR FRENCH said the fines  are uniform. "We don't fine people                                                               
in Bethel $5,000 and people  in Anchorage $1,000." If an ignition                                                               
interlock  can be  many times  more expensive,  "there has  to be                                                               
some  allowance  for the  fact  that  it  is just  not  available                                                               
statewide." He  said it may  be feasible with  future technology,                                                               
but for now, the disproportion costs need to be considered.                                                                     
                                                                                                                                
SENATOR STEVENS  asked if  it applies to  other vehicles  such as                                                               
snow machines.                                                                                                                  
                                                                                                                                
MS. MILLER  said the unit cannot  be installed where it  can't be                                                               
protected from the environment.                                                                                                 
                                                                                                                                
9:44:03 AM                                                                                                                    
CHAIR  MCGUIRE  said  the  legislature   needs  to  continue  the                                                               
pressure  of getting  the interlock  devices in  the communities.                                                               
[The  bill] doesn't  mention the  cost of  the device,  she said.                                                               
Driving  is  a privilege,  and  the  interlock device  absolutely                                                               
reduces recurrence rates.  It is incumbent on  the legislature to                                                               
encourage the  use and  availability of  the devices  in outlying                                                               
areas. "Whatever it takes," she stated.                                                                                         
                                                                                                                                
SENATOR BUNDE moved  Amendment 1, as follows:  Delete lines 12-15                                                               
on  page 10,  which  give the  Department  of Administration  the                                                               
ability to  determine that interlocks  are not available  in some                                                               
places. With  fines as high as  $6,000, "it seems as  if the cost                                                               
of another $1,000  for an interlock is not  substantial." This is                                                               
a very  broad allowance  for the department  to determine  if the                                                               
device  is  unavailable. Someone  in  Talkeetna  could make  that                                                               
claim, he suggested.                                                                                                            
                                                                                                                                
CHAIR  MCGUIRE said  the net  effect  would be  that someone  who                                                               
didn't get the device would not be able to drive.                                                                               
                                                                                                                                
9:46:57 AM                                                                                                                    
SENATOR GREEN noted other references to the same thing.                                                                         
                                                                                                                                
SENATOR   BUNDE  withdrew   his  amendment   and  instead   moved                                                               
conceptual Amendment  1 to "remove  all references to  making the                                                               
interlock device optional."                                                                                                     
                                                                                                                                
9:48:13 AM                                                                                                                    
CHAIR MCGUIRE  said the drafter  can look for any  reference, and                                                               
she noted the references on page 2,  7, and 10. She said she will                                                               
object in order to hear Senator French's response.                                                                              
                                                                                                                                
SENATOR FRENCH said  it boils down to proportionality.  It is not                                                               
fair to charge one person $125  and another $1,000. He is willing                                                               
to  wait for  the technology  to catch  up with  the rest  of the                                                               
state and focus on the Railbelt and other urban areas.                                                                          
                                                                                                                                
SENATOR  STEVENS  said  he  has some  concerns  with  the  remote                                                               
villages  that  he is  not  familiar  with. Villages  don't  have                                                               
public transportation, he noted.                                                                                                
                                                                                                                                
9:50:08 AM                                                                                                                    
CHAIR MCGUIRE asked if the Smart Start Company is in Alaska now.                                                                
                                                                                                                                
MS. MILLER  said yes, and the  company goes to remote  areas once                                                               
there are four to five people  that need the service. The airfare                                                               
is not charged  to them. "We bite that cost,"  she stated. "We do                                                               
that  with approximately  two  remote  areas at  a  time. We  are                                                               
currently…expanding into as  many areas as we can."  She said she                                                               
is hiring  contractors in  outlying areas,  including Dillingham,                                                               
Kodiak, Sitka,  Ketchikan, and Juneau.  There is a  competitor in                                                               
Bethel, she  added. The company tries  to cover as many  areas as                                                               
it can. There are two people on  a list in Unalaska, "and once we                                                               
pull out of  another area that we're  in at a loss,  if that area                                                               
still needs the  service, we will go in to  that area and install                                                               
the units and try to find a contractor there."                                                                                  
                                                                                                                                
SENATOR BUNDE  said the  level of alcohol  abuse in  rural Alaska                                                               
exceeds  the high  abuse in  urban  Alaska. The  bill deals  with                                                               
traffic laws and only applies  to state roads. Small villages may                                                               
not have state roads, he said, and asked if it would apply.                                                                     
                                                                                                                                
9:52:42 AM                                                                                                                    
SENATOR FRENCH  said there are  insurance laws that  don't apply,                                                               
but you  can get a  DUI while sitting  in a  parking lot or  in a                                                               
driveway.  It is  all encompassing,  he said.  He then  asked Ms.                                                               
Miller if she charges the same fee throughout the state.                                                                        
                                                                                                                                
MS. MILLER said the installation cost  is $50 more when flying to                                                               
an area, and the monthly price is same.                                                                                         
                                                                                                                                
SENATOR STEVENS  asked if the waiver  is removed and if  a person                                                               
in a  place without access to  the device drives sober,  would he                                                               
or she  would be  in violation.  He thinks  the waiver  should be                                                               
left in for the time being.                                                                                                     
                                                                                                                                
9:54:19 AM                                                                                                                    
SENATOR FRENCH  suggested holding  the bill until  the department                                                               
figures out  where the device  will be required. It  is important                                                               
to keep in mind that the bill is about repeat offenders.                                                                        
                                                                                                                                
9:55:09 AM                                                                                                                    
CHAIR MCGUIRE  said the limited  license is a privilege  within a                                                               
privilege:  "you're  a repeat  offender;  you've  broken the  law                                                               
multiple times, and now we're allowing  you to drive on a limited                                                               
basis, and  in exchange for  that very gracious  privilege, we're                                                               
asking  that an  interlock  device  be installed  to  put you  in                                                               
between your  drinking problem  and the wheel  of your  car." She                                                               
said  she  is  leaning  toward   the  amendment  because  of  the                                                               
privilege part  and that  the interlock is  maybe the  only thing                                                               
that separates that alcoholic from the car and the drinking.                                                                    
                                                                                                                                
SENATOR BUNDE  asked if a remote  location adds an extra  $50 for                                                               
installation,  but the  monthly fee  is the  same throughout  the                                                               
state. He noted that a $1000 installation fee isn't reality.                                                                    
                                                                                                                                
MS. MILLER  said that is true,  but her competitor passes  on the                                                               
airfare. Her  company gives the  option of paying the  airfare if                                                               
an  individual doesn't  want  to  wait for  four  or five  others                                                               
needing the service in the area.                                                                                                
                                                                                                                                
9:57:29 AM                                                                                                                    
SENATOR  STEVENS asked  for  the statistics  of  DUIs around  the                                                               
state, because some villages may not have any DUIs.                                                                             
                                                                                                                                
CHAIR  MCGUIRE requested  information  on airline  costs and  the                                                               
other company's policies.                                                                                                       
                                                                                                                                
SB 92 was held over.                                                                                                            
                                                                                                                                

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