Legislature(1993 - 1994)
02/14/1994 02:50 PM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 14, 1994
2:50 P.M.
TAPE HFC 94 - 33, Side 2, #000 - #675.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 2:50 P.M.
PRESENT
Co-Chair Larson Representative Foster
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Hoffman was not present for the meeting.
ALSO PRESENT
Representative Cynthia Toohey; Representative Jim Nordlund;
Representative Jeannette James; Margo Knuth, Assistant
Attorney General-Criminal Division, Department of Law;
Juanita Hensley, Chief Driver Services, Division of Motor
Vehicles, Department of Public Safety.
SUMMARY
HB 61 An Act relating to the offense of operating a
motor vehicle, aircraft, or watercraft while
intoxicated; and providing for an effective date.
CS HB 61 (FIN) was reported out of Committee with
"no recommendation" and with zero fiscal notes by
the Department of Administration and the
Department of Corrections and fiscal impact notes
by the Department of Administration, Department of
Public Safety and the Department of Law.
HB 327 An Act extending the termination date of the Board
of Veterinary Examiners; and providing for an
effective date.
HB 327 was reported out of Committee with a "do
pass" recommendation and with a fiscal note by the
Department of Commerce and Economic Development
dated 2/03/94.
HOUSE BILL 327
1
"An Act extending the termination date of the Board of
Veterinary Examiners; and providing for an effective
date."
Representative Grussendorf MOVED to report HB 327 out of
Committee with individual recommendation and with the
accompanying fiscal note. Representative Brown questioned
the intent of the legislation.
REPRESENTATIVE CYNTHIA TOOHEY stated that HB 327 would
extend the Board of Veterinary Examiners until June, 1997.
Without the bill, the certification of the Board would
terminate.
There being NO OBJECTION, it was so ordered.
HB 327 was reported out of Committee with a "do pass"
recommendation and with a fiscal note by the Department of
Commerce and Economic Development dated 2/03/94.
HOUSE BILL 61
"An Act relating to the offense of operating a motor
vehicle, aircraft, or watercraft while intoxicated; and
providing for an effective date."
JUANITA HENSLEY, CHIEF, DRIVER SERVICES, DIVISION OF MOTOR
VEHICLES, DEPARTMENT OF PUBLIC SAFETY, stated that the
Department of Public Safety supports the proposed
legislation. She spoke to the number of fatal deaths in the
State due to the use of alcohol while operating a motor
vehicle. The Department of Public Safety supports all
opportunities to reduce fatal accidents.
REPRESENTATIVE JIM NORDLUND spoke to the fiscal note from
the Department of Corrections and the effect on the general
fund.
MARGO KNUTH, ASSISTANT ATTORNEY GENERAL - CRIMINAL DIVISION,
DEPARTMENT OF LAW, referenced Amendment #1 [Attachment #1].
She explained that the amendment would explain whether the
breath test could implicate a person at the time the test
was taken or extract back to the time at which the person
was driving. Previously, the test was judged at the time
the test was taken. She explained, the amendment would
establish the standard at the time the breath test was taken
and added that the amendment would provide clarification
rather than change to the law.
Representative Grussendorf MOVED to adopt Amendment #1, #8-
LSO393\K.4, Ford, 2/04/94. There being NO OBJECTION, it was
2
adopted.
Co-Chair Larson MOVED to adopt Amendment #2 making a change
to Page 3, Line 3, deleting 1993 and inserting 1994. There
being NO OBJECTION, it was adopted.
Ms. Knuth explained Amendment #3, [Attachment #2], which
would provide clarification of the breath test error margin.
The chemical test has an inherent margin of error that would
be equal to or less than one percent under the amendment.
The standards of the statute no longer would be affected by
the inherent margin of error.
Co-Chair MacLean MOVED to adopt Amendment #3, #8-
LSO0393\K.4, Ford, 2/04/94. Representative Brown OBJECTED to
the motion and asked for further clarification on the 1%
margin of error. Ms. Knuth explained the percentage of
error in reference to the percentage of alcohol in the
person's blood.
Representative Brown asked how the amendment could be
modified in order to be limited to "administrative
revocation proceedings" only instead of both that and the
criminal offense. Ms. Knuth provided the Committee with
suggested language to the "findings" and "purposes" clause
indicating legislative approval for the margin of error in
"administrative proceedings".
Ms. Knuth discussed the method of calculation used in the
margin of error, stating that "errors" always operate to the
defendants advantage. Representative Grussendorf OBJECTED
to the motion to adopt Amendment #3. Representative Hanley
pointed out that the amendment would provide a guaranteed
.09% alcohol on the breath test and that no fraction of
error had been taken into consideration.
Co-Chair MacLean advised that the amendment would also
revoke the defendant's drivers license at the .09% level.
Ms. Knuth explained that the breath analyzing machine rarely
miscalculates and is regularly calibrated.
MEmbers discussed the effects of shifting the standards of
the statute so it is not affected by the inherent margin or
error. concern was expressed regarding the opportunity for
an individual to falsely considered in violation of the
legal limit.
A roll call vote was taken on the MOTION to adopt Amendment
IN FAVOR: Martin, Parnell, Therriault, Hanley,
MacLean.
3
OPPOSED: Brown, Foster, Grussendorf, Larson.
Representatives Navarre and Hoffman were not present for the
vote.
The MOTION PASSED (5-4).
Representative Martin MOVED to report CS HB 61 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 61 (FIN) was reported out of Committee with "no
recommendation" and with zero fiscal notes by the Department
of Administration, the Department of Public Safety and the
Department of Law and with fiscal impact notes by the
Department of Administration and the Department of
Corrections.
ADJOURNMENT
The meeting adjourned at 3:35 P.M.HOUSE FINANCE COMMITTEE
February 14, 1994
2:50 P.M.
TAPE HFC 94 - 33, Side 2, #000 - #675.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 2:50 P.M.
PRESENT
Co-Chair Larson Representative Foster
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Hoffman was not present for the meeting.
ALSO PRESENT
Representative Cynthia Toohey; Representative Jim Nordlund;
Representative Jeannette James; Margo Knuth, Assistant
Attorney General-Criminal Division, Department of Law;
Juanita Hensley, Chief Driver Services, Division of Motor
Vehicles, Department of Public Safety.
SUMMARY
4
HB 61 An Act relating to the offense of operating a
motor vehicle, aircraft, or watercraft while
intoxicated; and providing for an effective date.
CS HB 61 (FIN) was reported out of Committee with
"no recommendation" and with zero fiscal notes by
the Department of Administration and the
Department of Corrections and fiscal impact notes
by the Department of Administration, Department of
Public Safety and the Department of Law.
HB 327 An Act extending the termination date of the Board
of Veterinary Examiners; and providing for an
effective date.
HB 327 was reported out of Committee with a "do
pass" recommendation and with a fiscal note by the
Department of Commerce and Economic Development
dated 2/03/94.
HOUSE BILL 327
"An Act extending the termination date of the Board of
Veterinary Examiners; and providing for an effective
date."
Representative Grussendorf MOVED to report HB 327 out of
Committee with individual recommendation and with the
accompanying fiscal note. Representative Brown questioned
the intent of the legislation.
REPRESENTATIVE CYNTHIA TOOHEY stated that HB 327 would
extend the Board of Veterinary Examiners until June, 1997.
Without the bill, the certification of the Board would
terminate.
There being NO OBJECTION, it was so ordered.
HB 327 was reported out of Committee with a "do pass"
recommendation and with a fiscal note by the Department of
Commerce and Economic Development dated 2/03/94.
HOUSE BILL 61
"An Act relating to the offense of operating a motor
vehicle, aircraft, or watercraft while intoxicated; and
providing for an effective date."
JUANITA HENSLEY, CHIEF, DRIVER SERVICES, DIVISION OF MOTOR
VEHICLES, DEPARTMENT OF PUBLIC SAFETY, stated that the
Department of Public Safety supports the proposed
legislation. She spoke to the number of fatal deaths in the
5
State due to the use of alcohol while operating a motor
vehicle. The Department of Public Safety supports all
opportunities to reduce fatal accidents.
REPRESENTATIVE JIM NORDLUND spoke to the fiscal note from
the Department of Corrections and the effect on the general
fund.
MARGO KNUTH, ASSISTANT ATTORNEY GENERAL - CRIMINAL DIVISION,
DEPARTMENT OF LAW, referenced Amendment #1 [Attachment #1].
She explained that the amendment would explain whether the
breath test could implicate a person at the time the test
was taken or extract back to the time at which the person
was driving. Previously, the test was judged at the time
the test was taken. She explained, the amendment would
establish the standard at the time the breath test was taken
and added that the amendment would provide clarification
rather than change to the law.
Representative Grussendorf MOVED to adopt Amendment #1, #8-
LSO393\K.4, Ford, 2/04/94. There being NO OBJECTION, it was
adopted.
Co-Chair Larson MOVED to adopt Amendment #2 making a change
to Page 3, Line 3, deleting 1993 and inserting 1994. There
being NO OBJECTION, it was adopted.
Ms. Knuth explained Amendment #3, [Attachment #2], which
would provide clarification of the breath test error margin.
The chemical test has an inherent margin of error that would
be equal to or less than one percent under the amendment.
The standards of the statute no longer would be affected by
the inherent margin of error.
Co-Chair MacLean MOVED to adopt Amendment #3, #8-
LSO0393\K.4, Ford, 2/04/94. Representative Brown OBJECTED to
the motion and asked for further clarification on the 1%
margin of error. Ms. Knuth explained the percentage of
error in reference to the percentage of alcohol in the
person's blood.
Representative Brown asked how the amendment could be
modified in order to be limited to "administrative
revocation proceedings" only instead of both that and the
criminal offense. Ms. Knuth provided the Committee with
suggested language to the "findings" and "purposes" clause
indicating legislative approval for the margin of error in
"administrative proceedings".
Ms. Knuth discussed the method of calculation used in the
margin of error, stating that "errors" always operate to the
defendants advantage. Representative Grussendorf OBJECTED
6
to the motion to adopt Amendment #3. Representative Hanley
pointed out that the amendment would provide a guaranteed
.09% alcohol on the breath test and that no fraction of
error had been taken into consideration.
Co-Chair MacLean advised that the amendment would also
revoke the defendant's drivers license at the .09% level.
Ms. Knuth explained that the breath analyzing machine rarely
miscalculates and is regularly calibrated.
MEmbers discussed the effects of shifting the standards of
the statute so it is not affected by the inherent margin or
error. concern was expressed regarding the opportunity for
an individual to falsely considered in violation of the
legal limit.
A roll call vote was taken on the MOTION to adopt Amendment
IN FAVOR: Martin, Parnell, Therriault, Hanley,
MacLean.
OPPOSED: Brown, Foster, Grussendorf, Larson.
Representatives Navarre and Hoffman were not present for the
vote.
The MOTION PASSED (5-4).
Representative Martin MOVED to report CS HB 61 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 61 (FIN) was reported out of Committee with "no
recommendation" and with zero fiscal notes by the Department
of Administration, the Department of Public Safety and the
Department of Law and with fiscal impact notes by the
Department of Administration and the Department of
Corrections.
ADJOURNMENT
The meeting adjourned at 3:35 P.M.
7
| Document Name | Date/Time | Subjects |
|---|