02/14/2008 09:00 AM Senate STATE AFFAIRS

                                                                                                                              
                  HB 101-UNIFORM TRAFFIC LAWS                                                                               
                                                                                                                                
9:04:00 AM                                                                                                                    
CHAIR MCGUIRE announced the consideration  of HB 101. [Before the                                                               
committee was CSHB 101(CRA).]                                                                                                   
                                                                                                                                
RICK  VANDERKOLK,  Staff  to Representative  Carl  Gatto,  Alaska                                                               
State  Legislature, said  Gerald Luckhaupt,  Legislative Counsel,                                                               
was asked  to make changes to  tighten the language and  they are                                                               
incorporated in the  version before the committee.  Section 2 was                                                               
changed to  read, "When a person  is convicted under (a)  of this                                                               
section,  the court  shall determine  by a  preponderance of  the                                                               
evidence if, as  determined by a chemical test  taken within four                                                               
hours after the offense was  committed". He added the same phrase                                                               
on Page  2. He noted that  there was written testimony  from John                                                               
McConnaughy, a prosecuting attorney.                                                                                            
                                                                                                                                
SENATOR  FRENCH  said  the  changes  are what  he  had  in  mind;                                                               
however,  there  is a  "clunky  grammatical  moment." He  offered                                                               
Conceptual Amendment 1:                                                                                                         
                                                                                                                                
     On Page 2, line 8 [and line 15], following "breath,"                                                                       
          Insert: "having made that determination,"                                                                             
                                                                                                                                
CHAIR  MCGUIRE  said she  sees  his  point  and doesn't  have  an                                                               
objection  although  the  drafter   may.  Hearing  no  objection,                                                               
Conceptual Amendment 1 passed.                                                                                                  
                                                                                                                                
SENATOR BUNDE moved  the committee substitute to  HB 101, labeled                                                               
25-LS0262\M, as amended, with  individual recommendations and the                                                               
attached  fiscal note.  Hearing no  objection, SCS  CSHB 101(STA)                                                               
moved from committee.