Legislature(2007 - 2008)HOUSE FINANCE 519

03/05/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 7 FALSE CALLER IDENTIFICATION TELECONFERENCED
Moved CSHB 7(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 19 LIMITED DRIVER'S LICENSES TELECONFERENCED
Heard & Held
+ HJR 10 MEDICAL ASSISTANCE FOR CHILDREN TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                       March 5, 2007                                                                                            
                         1:40 p.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House  Finance Committee meeting to                                                                   
order at 1:40:13 PM.                                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mary Nelson                                                                                                      
Representative Bill Thomas, Jr.                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Kelly                                                                                                       
Representative Richard Foster                                                                                                   
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Michael  Pawlowski,  Staff,  Co-Chair  Meyer;  Dirk  Moffatt,                                                                   
Staff,  Representative Bob  Lynn;  Anne Carpeneti,  Assistant                                                                   
Attorney  General,  Legal Services  Section-Juneau,  Criminal                                                                   
Division,  Department of Law;  Doug Wooliver,  Administrative                                                                   
Attorney, Alaska Court System                                                                                                   
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Narda Butler, Anchorage; Babette  Miller, Smart Start Alaska,                                                                   
LLC;  Duane Bannock,  Director, Division  of Motor  Vehicles,                                                                   
Department of Administration;  Lieutenant Rodney Dial, Alaska                                                                   
State Troopers, Department of Public Safety                                                                                     
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 19     "An Act relating to ignition interlock limited                                                                        
          driver's license privileges."                                                                                         
                                                                                                                                
          CSHB 19(JUD) was heard and HELD in Committee for                                                                      
          further consideration.                                                                                                
                                                                                                                                
HB 7      "An Act relating to false caller identification."                                                                     
                                                                                                                                
          CSHB 7(FIN) was REPORTED  out of Committee with "no                                                                   
          recommendation"  and   with  the  following  fiscal                                                                   
          notes:   zero  note   #1  by   the  Department   of                                                                   
          Administration, zero  note # 2 by the Department of                                                                   
          Law,  indeterminate note #  3 by the  Department of                                                                   
          Public  Safety, and  new zero  fiscal notes  by the                                                                   
          Department   of   Administration,   Department   of                                                                   
          Correction,  Department  of Law,  and Alaska  Court                                                                   
          System.                                                                                                               
                                                                                                                                
HJR 10    Relating to reauthorization  of federal funding for                                                                   
          children's  health insurance;  and encouraging  the                                                                   
          Governor  to  support  additional funding  for  and                                                                   
          access to children's health insurance.                                                                                
                                                                                                                                
          HJR 10 was scheduled but not heard.                                                                                   
                                                                                                                                
1:40:19 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 19                                                                                                             
                                                                                                                                
     "An Act relating to ignition interlock limited driver's                                                                    
     license privileges."                                                                                                       
                                                                                                                                
MICHAEL PAWLOWSKI,  STAFF, CO-CHAIR MEYER, explained  that HB
19 was  the result of  concerns brought  to the sponsor  by a                                                                   
constituent.   He  related the  current process  to obtain  a                                                                   
limited  license, which  is based on  having employment,  and                                                                   
limits where one  can drive.  The ignition  interlock limited                                                                   
license  works by testing  for blood  alcohol and  preventing                                                                   
the car  from starting.   There  are two  vendors in  Alaska.                                                                   
This bill requires any limited  license granted to require an                                                                   
ignition  interlock  device  on   the  car.  He  referred  to                                                                   
successes with the  use of such a device in  Canada. The bill                                                                   
provides an opportunity to drive legally and safely.                                                                            
                                                                                                                                
Representative  Nelson  asked  who  bears the  cost  for  the                                                                   
device.  Mr.  Pawlowski replied that the offender  would bear                                                                   
the   cost  of   installing  and   maintaining  the   device.                                                                   
Representative Nelson  asked if the  car has to be new.   Mr.                                                                   
Pawlowski thought it would work  with all vehicles.  He added                                                                   
that the court has the ability  to reduce a person's fines by                                                                   
the cost  of the device.   Representative Nelson asked  if it                                                                   
is hard  to find a vendor  to install them in  remote Alaska.                                                                   
Mr. Pawlowski  reported that vendors  do fly to  the villages                                                                   
and are located all around the state.                                                                                           
                                                                                                                                
1:45:20 PM                                                                                                                    
                                                                                                                                
Representative Gara  voiced a concern about  adequate service                                                                   
of future  vendors.  He proposed  to draft an  amendment that                                                                   
would address the  problem of vendors not able  or willing to                                                                   
fly to a small community.                                                                                                       
                                                                                                                                
Co-Chair Meyer suggested hearing from the vendors first.                                                                        
                                                                                                                                
Representative  Thomas  asked about  the  various degrees  of                                                                   
revocation.   Mr. Pawlowski explained license  suspensions as                                                                   
they  apply to  ignition  interlock  limited  licenses.   The                                                                   
first offense  is a 90-day  revocation and a  limited license                                                                   
cannot  be   issued  during  the   first  30  days   of  that                                                                   
revocation.   On the second offense,  it is 90 days  before a                                                                   
limited  license  can  be obtained.    Representative  Thomas                                                                   
asked about  the third offense.   Mr. Pawlowski  replied that                                                                   
it depends  on when the last  DUI was given.   Representative                                                                   
Thomas wondered if a person with  multiple convictions should                                                                   
be able  to use  a locking  device.   He thought the  penalty                                                                   
should be stronger.                                                                                                             
                                                                                                                                
1:49:24 PM                                                                                                                    
                                                                                                                                
Mr. Pawlowski  referred  to page 3,  lines 14  and 15  of the                                                                   
bill, to  explain that  if a person  violates when  having an                                                                   
ignition  interlock limited  license,  they are  not able  to                                                                   
ever get  another one.   This bill  provides that  concept in                                                                   
statute.                                                                                                                        
                                                                                                                                
Co-Chair Meyer summarized that  some offenders are driving to                                                                   
places other  than work and some  are offending again.   This                                                                   
bill helps ensure  that the person is driving  when sober, no                                                                   
matter where they drive.                                                                                                        
                                                                                                                                
Co-Chair Chenault  indicated that  the penalty for  tampering                                                                   
with the  device is  to not ever  be able  to use the  device                                                                   
again.    Mr.  Pawlowski  said that  is  correct.    Co-Chair                                                                   
Chenault  asked if  tampering with  the device  is a Class  A                                                                   
misdemeanor.  Mr. Pawlowski said yes.                                                                                           
                                                                                                                                
1:51:42 PM                                                                                                                    
                                                                                                                                
Representative Joule asked if  the bill presumes ownership of                                                                   
a vehicle.  Mr.  Pawlowski said it applies to  a vehicle that                                                                   
is being operated.  Representative  Joule provided an example                                                                   
of  a  person  who  drives  someone   else's  vehicle.    Mr.                                                                   
Pawlowski explained that a device  would have to be installed                                                                   
on a family member's vehicle.                                                                                                   
                                                                                                                                
1:53:20 PM                                                                                                                    
                                                                                                                                
Representative Gara  noted two parts to the  bill, during the                                                                   
license revocation period and  after, as a possible condition                                                                   
of probation.   He wondered  if a standard  for the  court is                                                                   
removed  in  HB  19,  and  if   a  judge  should  still  have                                                                   
discretion  to  refuse  the use  of  the  ignition  interlock                                                                   
limited license.  Mr. Pawlowski  explained that there are two                                                                   
entities that grant a limited  license.  He thought there was                                                                   
a difference between when the  court and when the DMV granted                                                                   
a limited license.   He thought the limitation  on "safety of                                                                   
the public" was  not put on DMV.  He offered  to provide more                                                                   
information.                                                                                                                    
Representative  Crawford asked  how the  crime of refusal  is                                                                   
handled in this bill.  Mr. Pawlowski  said that was looked at                                                                   
and the current system was mirrored.   He explained that this                                                                   
device is a safety factor.                                                                                                      
                                                                                                                                
1:58:03 PM                                                                                                                    
                                                                                                                                
NARDA  BUTLER, ANCHORAGE,  spoke  in  favor of  HB  19.   She                                                                   
referred  to  research  that   shows  people  who  have  been                                                                   
convicted  of  a  DUI  still  have a  need  to  drive.    She                                                                   
considers  this device  preventative.    She recalled  Rodney                                                                   
Hebert  who has acquired  sobriety, but  still cannot  drive.                                                                   
This  bill  would  benefit  his  ability  to  become  a  more                                                                   
productive member of society.                                                                                                   
                                                                                                                                
BABETTE MILLER,  SMART START ALASKA, LLC, explained  that the                                                                   
ignition interlock  device can  be installed on  any vehicle,                                                                   
except for snowmobiles and ATV's.                                                                                               
                                                                                                                                
Representative  Nelson repeated  her  question about  serving                                                                   
remote  areas.   Ms.  Miller reported  that  the devices  are                                                                   
currently    being   installed    in   remote    communities.                                                                   
Representative  Nelson asked  if  the offender  pays for  the                                                                   
airfare.  Ms. Miller explained  that her business absorbs the                                                                   
travel  expense.  Ms.  Miller explained  how the  communities                                                                   
are served.                                                                                                                     
                                                                                                                                
2:05:48 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked about  the order of  installation.                                                                   
Ms.   Miller  reported   that  they   do  two   at  a   time.                                                                   
Representative Gara asked if they  would install for only one                                                                   
person.  Ms. Miller said yes.    Representative Gara inquired                                                                   
about installation  costs.  Ms.  Miller said $100  is charged                                                                   
for the  installation on the road  system, $150 if  they have                                                                   
to fly to a community.                                                                                                          
                                                                                                                                
Representative  Gara asked how  the charge is  determined for                                                                   
remote  communities.     Ms.   Miller  replied  that   it  is                                                                   
negotiated in their contract.                                                                                                   
                                                                                                                                
2:09:34 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked  how well  the devices perform  in                                                                   
cold   temperatures.      Ms.  Miller   reported   that   the                                                                   
breathalyzer can  be disconnected and  taken inside if  it is                                                                   
too cold; otherwise  it takes a couple of minutes  to warm up                                                                   
before an individual can blow into it.                                                                                          
                                                                                                                                
Representative  Gara asked where  the installation  locations                                                                   
are.    Ms.   Miller  responded,  Anchorage,   Kenai,  Homer,                                                                   
Fairbanks,  Valdez,  Sitka,  Ketchikan,  Juneau,  Dillingham,                                                                   
Kodiak, and any other requests.                                                                                                 
                                                                                                                                
Co-Chair Meyer  asked who  other the vendor  is.   Ms. Miller                                                                   
said  Alaska  Monitoring.    Co-Chair   Meyer  asked  for  an                                                                   
explanation  of their  working  relationship  and Ms.  Miller                                                                   
complied.                                                                                                                       
                                                                                                                                
In response  to a  question from  Representative Nelson,  Ms.                                                                   
Miller explained how the device works and its cost.                                                                             
                                                                                                                                
2:14:50 PM                                                                                                                    
                                                                                                                                
Mr. Pawlowski  reported that the  statute currently  does not                                                                   
allow  a person  to  get a  limited license  if  they have  a                                                                   
refusal conviction.                                                                                                             
                                                                                                                                
Representative Gara  wondered if there are limits  to when an                                                                   
ignition interlock device could be obtained.                                                                                    
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY  GENERAL, LEGAL  SERVICES                                                                   
SECTION-JUNEAU,   CRIMINAL  DIVISION,   DEPARTMENT  OF   LAW,                                                                   
reported that  it is at the  court's discretion.   She agreed                                                                   
that there were no standards stating  whether or not to allow                                                                   
the interlock  device.   It does not  require a finding  with                                                                   
regard to public safety.                                                                                                        
                                                                                                                                
Mr.  Pawloski reported  that  AS 28.15.201(a)  addresses  the                                                                   
issue and references AS 28.15.181(b).                                                                                           
                                                                                                                                
2:17:34 PM                                                                                                                    
                                                                                                                                
Representative  Gara  suggested  putting  language  in  which                                                                   
would  allow a  certain standard  of safety.   Ms.  Carpeneti                                                                   
referred to  pages 2 and 3 of  the bill.  She  explained that                                                                   
those conditions  under Section  3, (1),  (2), (3),  and (4),                                                                   
allow  for  a certain  standard  of  safety when  granting  a                                                                   
limited  license under  HB  19.   Under  AS 28.15.201(a),  it                                                                   
cross references  AS 28.15.181(b).   She offered  to research                                                                   
this further.   Ms.  Pawloski noted  that AS 28.15.201(a)  is                                                                   
not repealed, but AS 28.15.201(d)  is.  Further discussion of                                                                   
the statutes ensued.                                                                                                            
                                                                                                                                
Representative Gara suggested  language that might help.  Mr.                                                                   
Pawlowski  replied that  the  limitation  suggested does  not                                                                   
currently exist.                                                                                                                
                                                                                                                                
2:20:07 PM                                                                                                                    
                                                                                                                                
Representative Nelson  asked who is alerted  if someone fails                                                                   
the test.  Mr.  Pawlowski replied that there  is a monitoring                                                                   
system  in place recorded  by  the computer  and sent to  the                                                                   
Department of Corrections.                                                                                                      
                                                                                                                                
Representative Thomas wondered  if an intoxicated person in a                                                                   
vehicle with  a key in  the ignition  violates the law.   Ms.                                                                   
Carpeneti said that situation would qualify as a violation.                                                                     
                                                                                                                                
2:23:09 PM                                                                                                                    
                                                                                                                                
Representative  Stoltze  asked if  the Department  of  Public                                                                   
Safety should bear  the cost of this device.   Co-Chair Meyer                                                                   
noted  the  cost of  special  equipment  and personnel.    He                                                                   
recalled the costs of a DUI to an offender.                                                                                     
                                                                                                                                
Co-Chair  Chenault  asked  what  effect this  would  have  on                                                                   
commercial licenses or motorcycle  endorsements.  In the case                                                                   
of  commercial licenses,  Mr.  Pawlowski  thought that  would                                                                   
have to be worked out with the employer.                                                                                        
                                                                                                                                
DUANE  BANNOCK,   DIRECTOR,  DIVISION   OF  MOTOR   VEHICLES,                                                                   
DEPARTMENT   OF   ADMINISTRATION,   responded   to   Co-Chair                                                                   
Chenault's  question.   He  noted  that  this device  is  not                                                                   
allowed  with a commercial  driver's  license.  A  motorcycle                                                                   
would have  to be equipped with  the device if a  person were                                                                   
to drive it.                                                                                                                    
                                                                                                                                
Ms.  Miller reported  that the  devices  are not  able to  be                                                                   
installed on motorcycles,  snowmobiles, or ATV's.   She added                                                                   
that the device is plastic, not metal.                                                                                          
                                                                                                                                
Mr. Pawlowski  thought  that persons with  only a  motorcycle                                                                   
would not be allowed to drive.                                                                                                  
                                                                                                                                
2:29:42 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer MOVED to ADOPT Amendment 1:                                                                                      
                                                                                                                                
     Page 3, line 16                                                                                                            
     Insert:                                                                                                                    
     (5) The ignition interlock limited license is not                                                                          
     granted during the first 30 days of the period of                                                                          
     revocation.                                                                                                                
                                                                                                                                
Representative Stoltze OBJECTED for discussion purposes.                                                                        
                                                                                                                                
Mr. Pawlowski  explained the  intent of  the amendment  is to                                                                   
not  grant the  ignition interlock  limited  license for  the                                                                   
first 30 days of revocation.                                                                                                    
                                                                                                                                
Representative Stoltze WITHDREW his OBJECTION.                                                                                  
                                                                                                                                
There being NO OBJECTION, Amendment 1 was adopted.                                                                              
                                                                                                                                
2:31:22 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer MOVED to ADOPT Amendment 2:                                                                                      
                                                                                                                                
     Page 1, line 4, through page 2, line 6:                                                                                    
     Delete all material and insert:                                                                                            
    "* Section 1. AS 11.76.140 is amended to read:                                                                          
          Sec. 11.76.140. Avoidance of ignition interlock                                                                     
     device. (a)  A person commits the crime  of avoidance of                                                             
     ignition  interlock  device  if  the  person  [MAY  NOT]                                                               
     knowingly                                                                                                                  
               (1)  circumvents [CIRCUMVENT] or tampers                                                                 
     [TAMPER] with  an ignition interlock device  in a manner                                                                   
     intended   to  allow   a  person   on  probation   under                                                               
     AS 12.55.102,   with  a  condition  of   sentence  under                                                               
     AS 12.55.102, or  who has an ignition  interlock limited                                                               
     license to avoid using the device; [OR]                                                                                
               (2)  rents [RENT, LOAN, OR LEASE] a motor                                                                    
     vehicle  to  a  person  and   with  criminal  negligence                                                               
     disregards  the fact  that  the person  is on  probation                                                               
     under AS  12.55.102, has a  condition of sentence  under                                                               
     AS 12.55.102,  or  has  an  ignition  interlock  limited                                                               
     license,  unless   the  vehicle  is  equipped   with  an                                                               
     ignition interlock device  described in AS 12.55.102; or                                                               
               (3)  loans a motor vehicle to a person and                                                                   
     recklessly  disregards the  fact that  the person  is on                                                               
     probation  under   AS 12.55.102,  has  a   condition  of                                                               
     sentence   under  AS 12.55.102,   or  has  an   ignition                                                               
     interlock  limited   license,  unless  the   vehicle  is                                                               
     equipped with an ignition  interlock device described in                                                               
     AS 12.55.102.                                                                                                          
          (b)  Avoidance of ignition interlock device                                                                       
               (1)  under (a)(1) of this section is a class                                                                 
     A misdemeanor;                                                                                                         
               (2)  under (a)(2) or (3) of this section is                                                                  
     [NOTWITHSTANDING  AS 11.81.250,  A PERSON  CONVICTED  OF                                                                   
     VIOLATING  THIS   SECTION  IS  GUILTY  OF]   a  class  B                                                               
     misdemeanor and is punishable  by a term of imprisonment                                                               
     of not more than [THE MAXIMUM  TERM OF IMPRISONMENT THAT                                                               
     MAY BE IMPOSED  IS] 30 days and a [THE  MAXIMUM] fine of                                                           
     not more than [THAT MAY BE IMPOSED IS] $500."                                                                          
                                                                                                                                
Representative Stoltze OBJECTED.                                                                                                
                                                                                                                                
Mr. Pawlowski noted the need to amend Amendment 2, line 12,                                                                     
to delete "disregards the fact".                                                                                                
                                                                                                                                
Co-Chair Meyer MOVED to AMEND Amendment 2 as described.                                                                         
                                                                                                                                
Representative Hawker OBJECTED for discussion purposes.                                                                         
                                                                                                                                
Mr. Pawlowski  explained that  the Judiciary Committee,  when                                                                   
the  issue  of tampering  with  the  device was  brought  up,                                                                   
brought  the existing  statute into  HB 19.   Language  about                                                                   
renting,  loaning, and  leasing  of vehicles  is  on page  1,                                                                   
lines 12-14,  and on page 2,  line 1.  Mr.  Pawlowski related                                                                   
the content of the three subsections on page 1 of the bill.                                                                     
                                                                                                                                
2:34:22 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  questioned if  it  is  the same  offense  as                                                                   
described under  a revoked license.  Mr.  Pawlowski clarified                                                                   
that the current  penalty in statute was kept  as depicted on                                                                   
page 2,  lines 2-6.   In response to  a question  by Co-Chair                                                                   
Meyer, Mr.  Pawlowski agreed  that the  intent is to  prevent                                                                   
someone who knowingly  loans or rents a car  without a device                                                                   
to a person who is required to use one.                                                                                         
                                                                                                                                
Representative Stoltze  suggested that "knowingly"  should be                                                                   
included  on line  16 as  part  of the  amendment.   Co-Chair                                                                   
Meyer agreed.                                                                                                                   
                                                                                                                                
Mr. Pawlowski read  lines 11-15, "rents a motor  vehicle to a                                                                   
person and  with criminal  negligence that  the person  is on                                                                   
probation  under AS 12.55.102,  has a  condition of  sentence                                                                   
under  AS 12.55.102,  or has  an  ignition interlock  limited                                                                   
license,  unless the  vehicle  is equipped  with an  ignition                                                                   
interlock device as described in AS 12.55.102".                                                                                 
                                                                                                                                
Ms. Carpeneti restated line 12 without "and".                                                                                   
                                                                                                                                
Co-Chair  Meyer  clarified  that "and"  and  "disregards  the                                                                   
fact"  were being  removed  in line  12,  and "knowingly"  is                                                                   
replacing "recklessly" in line 16.                                                                                              
                                                                                                                                
Representative   Hawker  WITHDREW   his   OBJECTION  to   the                                                                   
amendment to Amendment  2.  He reserved the  right to revisit                                                                   
the amendment before the bill passes from committee.                                                                            
                                                                                                                                
Representative  Stoltze WITHDREW  his OBJECTION to  Amendment                                                                   
2.                                                                                                                              
                                                                                                                                
There being NO OBJECTION, Amendment 2 was adopted.                                                                              
                                                                                                                                
2:38:46 PM                                                                                                                    
                                                                                                                                
Representative Gara MOVED to ADOPT Amendment 3:                                                                                 
                                                                                                                                
     Page 2, following line 19:                                                                                                 
     Insert a new bill section to read:                                                                                         
     "* Sec. 3. AS 28.15.201(d) is amended to read:                                                                         
          (d)  Notwithstanding (f) of this section, in cases                                                                
     where a  person does  not live in  a place connected  by                                                               
     public  highway to  a business  that installs  interlock                                                               
     devices and  it is not feasible  for the person  to have                                                               
     an  interlock device  installed, a  person may  apply to                                                               
     the  [A]  court  revoking   the  [A]  driver's  license,                                                           
     privilege  to drive,  or privilege  to obtain a  license                                                                   
     under AS 28.15.181(c),  or the department  when revoking                                                                   
     the  [A]  driver's  license,   privilege  to  drive,  or                                                               
     privilege  to obtain  a license  under  AS 28.15.165(c),                                                                   
     for  limited  license  privileges,   and  the  court  or                                                               
     department may grant limited license privileges if                                                                     
               (1)   the  revocation  was  for a  misdemeanor                                                                   
     conviction   under  AS 28.35.030(a)   and   not  for   a                                                                   
     violation of AS 28.35.032;                                                                                                 
               (2)  the person has                                                                                              
                    (A)  not been previously convicted and                                                                      
          the  limited  license  is not  granted  during  the                                                                   
          first 30 days of the period of revocation;                                                                            
                    (B)  been previously convicted, the                                                                         
          limited license is not  granted during the first 90                                                                   
          days of the period of revocation, and                                                                                 
                         (i)  the person has successfully                                                                       
               completed  a court-ordered  treatment  program                                                                   
               under AS 28.35.028  or former AS 28.35.030(p);                                                                   
               or                                                                                                               
                         (ii)  the court or department                                                                          
               requires   the  person  to  use   an  ignition                                                                   
               interlock  device  during  the period  of  the                                                                   
               limited license;                                                                                                 
               (3)   the court  or the department  determines                                                                   
          that                                                                                                                  
                    (A)  the person's ability to earn a                                                                         
          livelihood  would be  severely  impaired without  a                                                                   
          limited license; or                                                                                                   
                    (B)  the person has successfully                                                                            
          completed   a   court-ordered   treatment   program                                                                   
          described    under     AS 28.35.028    or    former                                                                   
          AS 28.35.030(p) and  the person's ability to earn a                                                                   
          livelihood,  attend school,  or provide for  family                                                                   
          health  would   be  severely  impaired   without  a                                                                   
          limited license;                                                                                                      
               (4)   the court  or the department  determines                                                                   
     that  a limitation  under  (a) of  this  section can  be                                                                   
     placed  on the license  that will  enable the  person to                                                                   
     earn  a  livelihood  without  excessive  danger  to  the                                                                   
     public;                                                                                                                    
               (5)   the court  or the department  determines                                                                   
     that  the person  is enrolled  in and  is in  compliance                                                                   
     with  or  has  successfully   completed  the  alcoholism                                                                   
     screening,    evaluation,    referral,    and    program                                                                   
     requirements  of  the Department  of  Health and  Social                                                                   
     Services under AS 28.35.030(h); and                                                                                        
               (6)    the  person  has  not  been  previously                                                                   
     convicted  under  AS 28.15.291(a)(2),  AS 28.35.030,  or                                                                   
     28.35.032   while  driving   or  operating  a   vehicle,                                                                   
     aircraft, or  watercraft under a limited  license issued                                                                   
     under this section."                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, line 28:                                                                                                           
     Delete "AS 28.15.201(f) [AS 28.15.201(d)]"                                                                             
     Insert "AS 28.15.201(d) or (f)"                                                                                        
                                                                                                                                
     Page 4, line 4:                                                                                                            
     Delete "AS 28.15.201(f) [AS 28.15.201(d)]"                                                                             
     Insert "AS 28.15.201(d) or (f)"                                                                                        
                                                                                                                                
     Page 5, line 2:                                                                                                            
     Delete "AS 28.15.201(d) and 28.15.201(e) are"                                                                              
     Insert "AS 28.15.201(e) is"                                                                                                
                                                                                                                                
Representative Gara  explained that Amendment 3  respects the                                                                   
policy  call of  the bill  that the  interlock device  should                                                                   
replace  the limited  license  requirement, but  it carves  a                                                                   
narrow exception for rural areas.                                                                                               
                                                                                                                                
Co-Chair Meyer stated that he  does not oppose the amendment.                                                                   
He asked  for  clarification of  "feasible".   Representative                                                                   
Gara thought the court could decide.                                                                                            
                                                                                                                                
2:41:32 PM                                                                                                                    
                                                                                                                                
Representative Hawker  thought that feasible  meant possible.                                                                   
He suggested "practicable" instead of feasible.                                                                                 
                                                                                                                                
Representative Gara agreed.                                                                                                     
                                                                                                                                
Representative  Stoltze  asked for  a definition  of  "public                                                                   
highway".                                                                                                                       
                                                                                                                                
Representative  Hawker  withdrew   the  suggestion  of  using                                                                   
"practicable".                                                                                                                  
                                                                                                                                
Ms. Carpeneti  said that in  Amendment 3, as  drafted, Juneau                                                                   
would qualify as  a place not connected by  public highway to                                                                   
a business that installs interlock devices.                                                                                     
                                                                                                                                
Representative  Stoltze  asked if  the amendment  provides  a                                                                   
loophole exempting  someone from a rural area  having to have                                                                   
the  device.   Ms.  Carpeneti  clarified that  the  amendment                                                                   
appears  to provide  an alternative  - to  request a  limited                                                                   
license.   Representative Stoltze  asked if that  would apply                                                                   
to driving  only in the community  with limited access.   Ms.                                                                   
Carpeneti said no.                                                                                                              
                                                                                                                                
2:45:31 PM                                                                                                                    
                                                                                                                                
Representative Gara provided a hypothetical situation.                                                                          
                                                                                                                                
DOUG WOOLIVER,  ADMINISTRATIVE ATTORNEY, ALASKA  COURT SYSTEM                                                                   
suggested ensuring  that the language  depicts the  intent of                                                                   
the bill  so that the court  can carry out  the legislature's                                                                   
will.                                                                                                                           
                                                                                                                                
Co-Chair Meyer said  that though he agrees with  the idea, he                                                                   
thinks the amendment is not needed.                                                                                             
                                                                                                                                
Representative  Thomas  noted  the extreme  distance  from  a                                                                   
vendor of two communities in his district.                                                                                      
                                                                                                                                
Representative  Nelson voiced  appreciation of  the ideas  in                                                                   
the amendment.                                                                                                                  
                                                                                                                                
Co-Chair Chenault  pointed out that persons  from Skagway and                                                                   
Haines could not cross the border to drive to a vendor.                                                                         
                                                                                                                                
Representative Gara thought there  might be problems in rural                                                                   
areas concerning HB 19.  He agreed  to withdraw the amendment                                                                   
and work on the language.                                                                                                       
                                                                                                                                
Representative Gara WITHDREW Amendment 3.                                                                                       
                                                                                                                                
2:50:11 PM                                                                                                                    
                                                                                                                                
Representative Gara MOVED to ADOPT Amendment 4:                                                                                 
                                                                                                                                
     On Page 3, line 15                                                                                                         
     After "license."                                                                                                           
     Insert:                                                                                                                    
     "The court may not provide the grant of this privilege                                                                     
     to the person if it would, under all the circumstances,                                                                    
     endanger the public's safety."                                                                                             
                                                                                                                                
Representative Hawker OBJECTED.                                                                                                 
                                                                                                                                
Representative  Gara spoke  of a  concern about  "endangering                                                                   
public safety"  and wanted  to give the  court the  option to                                                                   
grant the license or not.                                                                                                       
                                                                                                                                
Co-Chair  Meyer  voiced  concern  about  the  timing  of  the                                                                   
court's  involvement.   Mr. Pawlowski  pointed  out that  DMV                                                                   
would also have to be involved  because of the role they play                                                                   
in granting limited licenses.  He termed it a policy call.                                                                      
                                                                                                                                
Representative Hawker found fault  with the language "without                                                                   
excessive danger".                                                                                                              
                                                                                                                                
Co-Chair Meyer also objected to Amendment 4.                                                                                    
                                                                                                                                
Representative Stoltze suggested  bringing the bill back at a                                                                   
later date.                                                                                                                     
                                                                                                                                
Representative Gara WITHDREW Amendment 4.                                                                                       
                                                                                                                                
CSHB  19(JUD) was  heard and  HELD in  Committee for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
2:56:30 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 7                                                                                                              
                                                                                                                                
     "An Act relating to false caller identification."                                                                          
                                                                                                                                
Representative  Stoltze MOVED  to  ADOPT work  draft CSHB  7,                                                                   
labeled  25-LS0057\O,  Bannister, 2/26/07.    There being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
DIRK  MOFFATT,  STAFF,  REPRESENTATIVE  LYNN,  explained  the                                                                   
changes to the committee substitute.                                                                                            
                                                                                                                                
3:00:55 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  noted four new zero fiscal  notes: Department                                                                   
of   Law,  Department   of  Administration,   Department   of                                                                   
Corrections, and Alaska Court System.                                                                                           
                                                                                                                                
LIEUTENANT RODNEY DIAL, ALASKA  STATE TROOPERS, DEPARTMENT OF                                                                   
PUBLIC SAFETY,  explained the  Department of Public  Safety's                                                                   
indeterminate fiscal  note.  He explained that  $10,000 would                                                                   
go to  train an investigator  and a technician,  $6,000 would                                                                   
be  for a  forensic work  station,  and $8,000  would be  for                                                                   
software costs.                                                                                                                 
                                                                                                                                
3:02:33 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  questioned if $25,000 would  be an ongoing                                                                   
annual cost.   Mr. Dial  noted that investigators  would have                                                                   
recertification costs  in order to stay current  and affirmed                                                                   
that the $25,000 would be ongoing.                                                                                              
                                                                                                                                
Representative Stoltze  MOVED to report  CSHB 7 (FIN)  out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB  7(FIN)  was  REPORTED  out  of  Committee  with  a  "no                                                                   
recommendation"  and with  the following  fiscal notes:  zero                                                                   
note #1  by the Department of  Administration, zero note  # 2                                                                   
by  the Department  of Law,  indeterminate  note #  3 by  the                                                                   
Department  of Public Safety,  and new  zero fiscal  notes by                                                                   
the Department  of Administration, Department  of Correction,                                                                   
Department of Law, and Alaska Court System.                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:04 PM.                                                                                           

Document Name Date/Time Subjects