Legislature(1999 - 2000)

04/23/1999 01:45 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE JUDICIARY STANDING COMMITTEE                                                                                     
                   April 23, 1999                                                                                               
                     1:45 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Pete Kott, Chairman                                                                                              
Representative Joe Green                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Jeannette James                                                                                                  
Representative Lisa Murkowski                                                                                                   
Representative Eric Croft                                                                                                       
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE JOINT RESOLUTION NO. 8                                                                                                   
Relating to the 2000 decennial United States census and to the                                                                  
development of redistricting data for use by the state in                                                                       
legislative redistricting.                                                                                                      
                                                                                                                                
     - MOVED HCS SJR 8(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
HOUSE BILL NO. 151                                                                                                              
"An Act relating to revocation and reinstatement of the driver's                                                                
license of a person at least 14 but not yet 21 years of age."                                                                   
                                                                                                                                
     - MOVED CSHB 151(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: SJR  8                                                                                                                    
SHORT TITLE: FAIR AND ACCURATE CENSUS                                                                                           
SPONSOR(S): SENATOR(S) WARD                                                                                                     
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/19/99       308     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/19/99       308     (S)  STA                                                                                                 
 3/04/99               (S)  STA AT  3:45 PM BELTZ ROOM 211                                                                      
 3/09/99               (S)  STA AT  3:30 PM                                                                                     
 3/09/99               (S)  MOVED OUT OF COMMITTEE                                                                              
 3/09/99               (S)  MINUTE(STA)                                                                                         
 3/12/99       492     (S)  STA RPT  3DP 1NR 1DNP                                                                               
 3/12/99       492     (S)  DP: WARD, PHILLIPS, GREEN;                                                                          
 3/12/99       492     (S)  NR: WILKEN; DNP: ELTON                                                                              
 3/12/99       492     (S)  ZERO FISCAL NOTE (S.STA)                                                                            
 3/16/99               (S)  RLS AT 11:55 AM FAHRENKAMP 203                                                                      
 3/16/99               (S)  MINUTE(RLS)                                                                                         
 3/24/99       662     (S)  RULES TO CALENDAR  AND 1 OR 3/24/99                                                                 
 3/24/99       668     (S)  READ THE SECOND TIME                                                                                
 3/24/99       668     (S)  ADVANCED TO THIRD READING UNAN                                                                      
                            CONSENT                                                                                             
 3/24/99       668     (S)  READ THE THIRD TIME  SJR 8                                                                          
 3/24/99       668     (S)  PASSED Y15 N5                                                                                       
 3/24/99       670     (S)  TRANSMITTED TO (H)                                                                                  
 3/25/99       567     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/25/99       567     (H)  STA, JUD                                                                                            
 4/08/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/08/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 4/08/99               (H)  MINUTE(STA)                                                                                         
 4/08/99       687     (H)  STA RPT 4DP 2NR                                                                                     
 4/08/99       687     (H)  DP: JAMES, COGHILL, WHITAKER, OGAN;                                                                 
 4/08/99       687     (H)  NR: SMALLEY, KERTTULA                                                                               
 4/08/99       687     (H)  SENATE ZERO FISCAL NOTE (S.STA)                                                                     
                            3/2/99                                                                                              
 4/22/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 4/22/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 4/23/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
BILL: HB 151                                                                                                                    
SHORT TITLE: REVOCATION OF MINOR DRIVER'S LICENSE                                                                               
SPONSOR(S): REPRESENTATIVES(S) KOTT, Austerman, Dyson, Rokeberg,                                                                
Smalley, Cissna                                                                                                                 
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/22/99       531     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/22/99       531     (H)  JUD                                                                                                 
 3/24/99       562     (H)  COSPONSOR(S): AUSTERMAN                                                                             
 3/29/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 3/29/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 4/07/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 4/07/99               (H)  TABLED                                                                                              
 4/07/99               (H)  MINUTE(JUD)                                                                                         
 4/08/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 4/08/99               (H)  HEARD AND HELD                                                                                      
 4/08/99               (H)  MINUTE(JUD)                                                                                         
 4/09/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 4/09/99               (H)  HEARD AND HELD                                                                                      
 4/09/99               (H)  MINUTE(JUD)                                                                                         
 4/12/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
 4/12/99               (H)  HEARD AND HELD SUBCOMMITTEE APPOINTED                                                               
 4/12/99               (H)  MINUTE(JUD)                                                                                         
 4/23/99               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
MARK HODGINS, Legislative Assistant                                                                                             
   to Senator Jerry Ward                                                                                                        
Alaska State Legislature                                                                                                        
Capitol Building, Room 423                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4940                                                                                                      
POSITION STATEMENT: Presented sponsor statement on SJR 8.                                                                       
                                                                                                                                
CORY WINCHELL, Administrative Assistant                                                                                         
     to Representative Kott                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 118                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3777                                                                                                      
POSITION STATEMENT: Presented the proposed CSHB 151, Version X.                                                                 
                                                                                                                                
HELENE HERNDON                                                                                                                  
P.O. Box 262                                                                                                                    
Homer, Alaska 99603                                                                                                             
Telephone:  (907) 235-6260                                                                                                      
POSITION STATEMENT: Testified on HB 151.                                                                                        
                                                                                                                                
LINDA WRIGHT                                                                                                                    
P.O. Box 105                                                                                                                    
Soldotna, Alaska 99669                                                                                                          
Telephone:  (907) 262-4889                                                                                                      
POSITION STATEMENT: Testified on HB 151.                                                                                        
                                                                                                                                
KEVIN HYDE, President                                                                                                           
Good Legislation Assures Democracy (G.L.A.D.)                                                                                   
P.O. Box 105                                                                                                                    
Soldotna, Alaska 99669                                                                                                          
Telephone:  (907) 262-4889                                                                                                      
POSITION STATEMENT: Testified on HB 151.                                                                                        
                                                                                                                                
JUANITA HENSLEY, Administrator                                                                                                  
Director's Office                                                                                                               
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
P.O. Box 110200                                                                                                                 
Juneau, Alaska 99811-0200                                                                                                       
Telephone:  (907) 465-5648                                                                                                      
POSITION STATEMENT: Answered questions on HB 151.                                                                               
                                                                                                                                
ANNE D. CARPENETI, Assistant Attorney General                                                                                   
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law                                                                                                               
P.O. Box 110300                                                                                                                 
Juneau, Alaska 99811-0300                                                                                                       
Telephone:  (907) 465-3428                                                                                                      
POSITION STATEMENT: Testified on HB 151.                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-40, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN PETE KOTT called the House Judiciary Standing Committee                                                                
meeting to order at 1:45 p.m.  Members present at the call to order                                                             
were Representatives Kott, Green, Rokeberg, James, Murkowski and                                                                
Kerttula.  Representative Croft arrived at 2:38 p.m.                                                                            
                                                                                                                                
                                                                                                                                
SJR 8 - FAIR AND ACCURATE CENSUS                                                                                                
                                                                                                                                
CHAIRMAN KOTT announced the first order of business is SJR 8,                                                                   
Relating to the 2000 decennial United States census and to the                                                                  
development of redistricting data for use by the state in                                                                       
legislative redistricting.                                                                                                      
                                                                                                                                
Number 0060                                                                                                                     
                                                                                                                                
MARK HODGINS, Legislative Assistant to Senator Jerry Ward, Alaska                                                               
State Legislature, came before the committee to present the sponsor                                                             
statement.  This resolution urges Congress and the Bureau of the                                                                
Census to conduct the 2000 decennial census consistent with the                                                                 
ruling of Department of Commerce v. United States House and the                                                                 
Constitution of the United States.  The bureau plans on using                                                                   
random sampling techniques, or other statistical methods, instead                                                               
of an actual enumeration.  A random sampling technique or other                                                                 
statistical method could raise serious issues of vote dilution and                                                              
violate "one-person, one-vote" legal protections.  An analogy is                                                                
flying over an area to count moose then extrapolating that number                                                               
to the entire state.  An even better analogy is counting a few fish                                                             
then deciding that the Kenai River is over or under escapement and                                                              
curtailing the various industries.  He noted that a random sampling                                                             
technique or other statistical method could create problems with                                                                
the way the state House and Senate lines are drawn.  Therefore, it                                                              
is very important that there is an accurate count.                                                                              
                                                                                                                                
Number 0197                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Mr. Hodgins whether there is any                                                                  
legislation pending before Congress for this resolution to be used                                                              
for testimony and/or backup.                                                                                                    
                                                                                                                                
MR. HODGINS replied Congress has some sway with the Bureau of the                                                               
Census.  The resolution simply asks that P.L. 94-171 data be used                                                               
only if it is done with an actual nose count.  He doesn't believe                                                               
that there is any legislation going through Congress that would                                                                 
impact this resolution.                                                                                                         
                                                                                                                                
Number 0273                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Mr. Hodgins whether there is any indication                                                                 
that the Bureau of the Census plans on not being consistent with                                                                
the ruling.                                                                                                                     
                                                                                                                                
MR. HODGINS replied the Bureau of the Census depends largely on the                                                             
administration of each state in the formulation of what is called                                                               
a "book" - the vehicle to decide how each state is to be counted.                                                               
Senator Ward feels that the best count is an actual nose count.                                                                 
There is always a small amount of statistical count within the                                                                  
census because everybody can't be counted, and every state, borough                                                             
or municipality has the ability to challenge the count for their                                                                
area.  In researching this issue, the problem is that the military                                                              
is counted in their home state, and the homeless and other                                                                      
itinerants are assigned a place.  This causes quite a bit of                                                                    
problem and litigation throughout the state.                                                                                    
                                                                                                                                
Number 0406                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN said, according to his understanding, that                                                                 
currently the number the state gets from the Bureau of the Census                                                               
in determining representation to the U.S. House of Representatives                                                              
will be an enumeration.  He asked Mr. Hodgins whether he has heard                                                              
of anything indicating that will not be the case.                                                                               
                                                                                                                                
MR. HODGINS replied the emphasis of the resolution is to make sure                                                              
that the Bureau of the Census uses the enumeration count rather                                                                 
than a statistical sampling.  He reiterated there are times when                                                                
the bureau uses both because it cannot count everybody.  Senator                                                                
Ward wants to make sure that is held to a minimum.                                                                              
                                                                                                                                
Number 0496                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Hodgins whether he has heard of                                                                  
anything indicating that the bureau is going to deviate and give a                                                              
statistical count instead of an actual head count.  According to                                                                
his understanding, in determining the number of representatives for                                                             
each state, the actual count will be used, and what the states use                                                              
is up to each state.                                                                                                            
                                                                                                                                
MR. HODGINS replied no.  He has not heard otherwise.                                                                            
                                                                                                                                
Number 0569                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked Mr. Hodgins to explain the intent of                                                              
the following "whereas" clause:                                                                                                 
                                                                                                                                
     "WHEREAS the Alaska State Legislature believes that a                                                                      
     person, once enumerated, should never be omitted from                                                                      
     census figures provided to states for purposes of                                                                          
     redistricting; and"                                                                                                        
                                                                                                                                
REPRESENTATIVE KERTTULA wondered about a person who dies or moves.                                                              
                                                                                                                                
Number 0597                                                                                                                     
                                                                                                                                
MR. HODGINS replied he's not sure whether the definition of a                                                                   
person is "alive" in that "whereas" clause.  He is assuming that                                                                
once a person passes on that person would no longer be a person.                                                                
The idea for this clause is that once a person is counted that                                                                  
person cannot be used for a statistical count for drawing up a                                                                  
district line within the state.                                                                                                 
                                                                                                                                
Number 0642                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA stated, maybe, it should be worded, "should                                                             
never be part of a sample..."  It looks like a person could never                                                               
move to another state.                                                                                                          
                                                                                                                                
Number 0657                                                                                                                     
                                                                                                                                
MR. HODGINS said the census is a snapshot of where people are at a                                                              
given time.  If a person is counted in one place, that person                                                                   
cannot be counted in another place, which is what the "whereas"                                                                 
clause is referring to.                                                                                                         
                                                                                                                                
Number 0673                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said her experience is that, if a person dies                                                              
or moves when the count is made, the count stays part of the                                                                    
enumeration process.                                                                                                            
                                                                                                                                
Number 0714                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI said she agrees that the language is less                                                              
than clear and suggested looking at it.  She thinks the language,                                                               
"once enumerated we don't go the statistical route," says what                                                                  
everybody is in agreement on.                                                                                                   
                                                                                                                                
Number 0751                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said she is not sure that the "whereas" clause                                                             
is needed at all.                                                                                                               
                                                                                                                                
Number 0765                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN suggested the following language:                                                                          
                                                                                                                                
     "once enumerated, should not be submitted to statistical                                                                   
     variation"                                                                                                                 
                                                                                                                                
Number 0776                                                                                                                     
                                                                                                                                
MR. HODGINS stated the purpose of the "whereas" clause is, drawing                                                              
on an analogy, that once an application is submitted for a                                                                      
permanent fund dividend and the person applying dies, it still goes                                                             
toward that person's estate.  However, this is an actual count on                                                               
a given day of the population of the United States, which is how                                                                
the lines are drawn.  If somebody dies or is born the next day,                                                                 
that somebody is not counted and cannot be removed from the count.                                                              
The idea is to get a static figure to be used for district lines                                                                
and federal funding.  He thinks it should stay within the body of                                                               
the resolution.                                                                                                                 
                                                                                                                                
Number 0879                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said she understands the argument, but it                                                                  
doesn't say what it's intended to say.  In accordance with her                                                                  
understanding of the census process, it doesn't mean if a person                                                                
dies or moves away.  It means that once a person is counted in an                                                               
enumeration that person shouldn't be counted in any other                                                                       
calculation, which is being said in several other ways in the                                                                   
resolution.  She's not sure whether it needs to be said again.                                                                  
                                                                                                                                
Number 0935                                                                                                                     
                                                                                                                                
MR. HODGINS said the gist of the "whereas" clause is saying, once                                                               
the count has been made, the figures should not be changed.                                                                     
                                                                                                                                
Number 0950                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT questioned Mr. Hodgins as to whether that is not how                                                              
it is done currently.                                                                                                           
                                                                                                                                
MR. HODGINS replied it is a long and involved process.  He noted                                                                
that municipalities and communities can protest the count to adjust                                                             
their numbers.  It is to a city's advantage, in general, to have as                                                             
many of its citizens counted as accurately as possible because of                                                               
funding.                                                                                                                        
                                                                                                                                
Number 0987                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN offered [as an amendment] to strike the                                                                    
language - "never be omitted from census figures provided to                                                                    
states" - and insert the language - "not be involved in a                                                                       
statistical sampling procedure" - on page 2, line 20 [Amendment 1].                                                             
                                                                                                                                
REPRESENTATIVE KERTTULA wondered whether it would be better to say                                                              
"sampling or other statistical methodologies" in order to be                                                                    
consistent with other language in the resolution.  In addition,                                                                 
once the word "never" is used...                                                                                                
                                                                                                                                
REPRESENTATIVE GREEN interjected and stated that his amendment                                                                  
would take the word "never" out.                                                                                                
                                                                                                                                
REPRESENTATIVE GREEN further stated that Representative Kerttula                                                                
brings up an interesting point and suggested the following                                                                      
language:                                                                                                                       
                                                                                                                                
     "should not be involved in sampling or other statistical                                                                   
     methodologies"                                                                                                             
                                                                                                                                
REPRESENTATIVE JAMES questioned whether it should say "involved" or                                                             
"counted."                                                                                                                      
                                                                                                                                
UNIDENTIFIED SPEAKER replied it should say counted.                                                                             
                                                                                                                                
CHAIRMAN KOTT noted that Representative James' question is a                                                                    
friendly amendment to Representative Green's suggestion.                                                                        
                                                                                                                                
CHAIRMAN KOTT asked whether there is any objection to the                                                                       
amendment, as amended.  There being none, it was so adopted.                                                                    
                                                                                                                                
Number 1138                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Mr. Hodgins whether there was any indication                                                                
from the Senate of including a copy of the resolution to the head                                                               
of the Bureau of the Census [a conceptual amendment].                                                                           
                                                                                                                                
MR. HODGINS replied he thinks that would be an appropriate                                                                      
amendment.                                                                                                                      
                                                                                                                                
CHAIRMAN KOTT noted that since this resolution directs attention to                                                             
the bureau, they ought to have it firsthand.  He further noted that                                                             
the correct title will be obtained.                                                                                             
                                                                                                                                
CHAIRMAN KOTT asked whether there is any objection to the                                                                       
conceptual amendment.  There being none, it was so adopted.                                                                     
                                                                                                                                
Number 1236                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT closed the meeting to public testimony.                                                                           
                                                                                                                                
Number 1240                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES made a motion to move SJR 8, as amended, from                                                              
the committee with individual recommendations and the attached                                                                  
fiscal note(s).  There being no objection, HCS SJR 8(JUD) was so                                                                
moved from the House Judiciary Standing Committee.                                                                              
                                                                                                                                
HB 151 - REVOCATION OF MINOR DRIVER'S LICENSE                                                                                   
                                                                                                                                
CHAIRMAN KOTT announced that the next order of business is HB 151,                                                              
"An Act relating to revocation and reinstatement of the driver's                                                                
license of a person at least 14 but not yet 21 years of age."                                                                   
                                                                                                                                
Number 1322                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion to adopt the proposed committee                                                              
substitute, Version 1-LS0492\X, Ford, 4/23/99, as the working                                                                   
document before the committee.  There being no objection, it was so                                                             
ordered.                                                                                                                        
                                                                                                                                
CORY WINCHELL, Administrative Assistant to Representative Kott,                                                                 
Alaska State Legislature, came before the committee to present the                                                              
proposed committee substitute.  He stated that it includes two                                                                  
changes from the previous version.  He directed the committee to                                                                
page 5, line 1, which excludes the last part of the definition of                                                               
"possessed alcohol" and noted that constructive possession was                                                                  
excluded.                                                                                                                       
                                                                                                                                
CHAIRMAN KOTT interjected and stated that the previous version                                                                  
removed possession, while this version inserts and defines                                                                      
possession.                                                                                                                     
                                                                                                                                
Number 1391                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES asked whether the alcohol must be in the                                                                   
individual's hand.                                                                                                              
                                                                                                                                
MR. WINCHELL said that the individual must have the alcohol in                                                                  
their hand or on their person.  In response to Representative                                                                   
James, Mr. Winchell affirmed that the individual could get rid of                                                               
the alcohol in a hurry.                                                                                                         
                                                                                                                                
CHAIRMAN KOTT said that the rationale was that, in order to be                                                                  
stopped, there is probable probable cause, such as the officer                                                                  
seeing an alcoholic beverage in someone's hand.  Chairman Kott                                                                  
said, "In theory, you could in fact have it in the car when you're                                                              
stopped for another violation and see a six pack in the back seat                                                               
and nobody claiming it, but I'm not sure if there's another way to                                                              
get around it."                                                                                                                 
                                                                                                                                
MR. WINCHELL noted that the previous discussion regarding the                                                                   
myriad of fact-patterns regarding how possession can result in the                                                              
loss of a license was a policy call because constructive possession                                                             
can result in the loss of a license.  Mr. Winchell clarified that                                                               
the intent was to ensure that the individual had the alcohol in                                                                 
their hand, on their person, or in the observation of a police                                                                  
officer in order to have probable cause established.                                                                            
                                                                                                                                
Number 1423                                                                                                                     
                                                                                                                                
MR. WINCHELL noted that the second change encompassed in the                                                                    
proposed committee substitute removed the youth courts because                                                                  
there is another piece of legislation that has youth courts within                                                              
its purview.                                                                                                                    
                                                                                                                                
Number 1468                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated that youth courts were removed from the                                                                    
proposed committee substitute after discussions with the Department                                                             
of Law and the potential problems.                                                                                              
                                                                                                                                
Number 1476                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES clarified that whether the youth courts were                                                               
not eliminated because of its presence in another bill.                                                                         
                                                                                                                                
MR. WINCHELL explained that he had discussed this with Anne                                                                     
Carpeneti [Assistant Attorney General, Department of Law].  That                                                                
discussion determined that, if language permitting the youth courts                                                             
to impose community service was to be included, that could rise to                                                              
a level in which due process procedures would require a jury trial.                                                             
Therefore, more money would be dealt with and the question would                                                                
arise as to whether, "...it is within their purview to be making                                                                
those kinds of determinations of probable cause issues."                                                                        
Therefore, the youth courts were removed.  Mr. Winchell indicated                                                               
that the youth court legislation which addresses other surcharge                                                                
issues would be a better vehicle to address this issue.                                                                         
                                                                                                                                
Number 1521                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT explained, as the bill currently stands, there is                                                                 
possession and consumption occurring in the vehicle; there is a                                                                 
tight nexus; there is a provision where an individual can reapply                                                               
for a revoked license in which the compiling of sentences on these                                                              
violators has been taken into consideration.                                                                                    
                                                                                                                                
Number 1559                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES inquired as to whether this is part of the                                                                 
"Use It, Lose It" legislation.  She also inquired as to the effect                                                              
this would have, specifically the language referring to "occupying                                                              
a motor vehicle".                                                                                                               
                                                                                                                                
Number 1578                                                                                                                     
                                                                                                                                
MR. WINCHELL replied yes the bill amends certain sections of the                                                                
"Use It, Lose It" law.  The "occupying" language has not been                                                                   
researched completely.  Mr. Winchell clarified that the language                                                                
means that an individual is physically consuming.                                                                               
                                                                                                                                
Number 1612                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked whether the definition of a motor                                                                
vehicle includes a recreational vehicle (RV).  She noted that some                                                              
of the worst offenses of underage drinking that she has seen is                                                                 
drinking in a parked RV at a recreational area.                                                                                 
                                                                                                                                
MR. WINCHELL replied yes.                                                                                                       
                                                                                                                                
Number 1630                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA noted that there are DWI (drinking while                                                                
intoxicated) cases with vehicles that are not operable, which she                                                               
feels is a bit unfair.  It's broadly defined.                                                                                   
                                                                                                                                
CHAIRMAN KOTT expressed concern with an intoxicated individual who                                                              
is in a parked car that is not running and is charged with a DWI.                                                               
                                                                                                                                
Number 1708                                                                                                                     
                                                                                                                                
HELENE HERNDON testified via teleconference from Homer.  She is a                                                               
20 year resident of Homer.  The zero tolerance for underage                                                                     
drinking appears to be unconstitutional according to superior court                                                             
rulings that have been handed down.  She wondered, therefore, why                                                               
a law - that is unconstitutional to begin with - is being revised.                                                              
Why is this law not being repealed?  She knows of at least 30                                                                   
children in Homer who have lost their license, although they were                                                               
not driving at the time.  This is costing a lot of money and                                                                    
creating more complications.  Ms. Herndon noted that she did not                                                                
have a copy of the proposed committee substitute, Version "X."  She                                                             
asked whether a person can have his or her license revoked, if that                                                             
person with a beer is not near a vehicle.                                                                                       
                                                                                                                                
CHAIRMAN KOTT explained that Version "X" has language that requires                                                             
the establishment of a nexus between the offense being committed                                                                
and the penalty.  Therefore, an underage person walking along with                                                              
a beer would not have his/her license revoked.                                                                                  
                                                                                                                                
MR. HERNDON inquired as to what would happen to those underage                                                                  
individuals who have had their licenses revoked under the previous                                                              
law.                                                                                                                            
                                                                                                                                
CHAIRMAN KOTT said that those individuals were subject to the law                                                               
of the land at that time, but he believed that those individuals                                                                
could have their licenses reissued under the provisions of this                                                                 
bill.                                                                                                                           
                                                                                                                                
MR. HERNDON asked whether the "X" version is still configured so                                                                
that repeat offenders would have to have in excess of one year                                                                  
remaining on their suspension.                                                                                                  
                                                                                                                                
CHAIRMAN KOTT replied correct.  That is still retained in version                                                               
"X."                                                                                                                            
                                                                                                                                
MR. HERNDON stated that this law should be repealed rather than                                                                 
passed.                                                                                                                         
                                                                                                                                
Number 1870                                                                                                                     
                                                                                                                                
LINDA WRIGHT testified via teleconference from Kenai.  She                                                                      
expressed concern that Alaska's youth have been deprived of their                                                               
due process rights.  She referenced House Finance Standing                                                                      
Committee minutes from March 23, 1994, in which Representative                                                                  
Grussendorf noted his concern regarding the authority granted to                                                                
peace officers.  Ms. Wright read:                                                                                               
                                                                                                                                
     "Ms. Knuth pointed out that a right to appeal would be                                                                     
     available to the offender, initial action taken by the                                                                     
     peace officer would be the same in any case, although                                                                      
     there will be an administrative procedure and that a                                                                       
     neutral person would act on behalf of the executive                                                                        
     branch in a quasi-judicial function.  She added that                                                                       
     there are many process rights which accompany judicial                                                                     
     proceedings and which would provide safeguards within the                                                                  
     system."                                                                                                                   
                                                                                                                                
MS. Wright said that she did not see where the safeguards were                                                                  
being provided.  For example, if an underage individual misses the                                                              
seven day period for the hearing process, his rights are waived,                                                                
which she did not believe to be constitutional.  And, because                                                                   
probable cause seems to be so important to these laws and the                                                                   
hearing for review is limited by law to the issues of age and                                                                   
whether they possess or consumed alcohol or controlled substances;                                                              
she asked when does the probable cause come in there?  When do they                                                             
have a chance to discuss probable cause or present evidence.  She                                                               
respectfully requested that the committee restore the                                                                           
constitutional rights for children in Alaska.                                                                                   
                                                                                                                                
Number 1984                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT clarified that the proposed committee substitute                                                                  
specifies that the underage drinker must have alcohol in their hand                                                             
or on their person, which would establish probable cause.                                                                       
                                                                                                                                
Number 2006                                                                                                                     
                                                                                                                                
KEVIN HYDE, President, Good Legislation Assures Democracy                                                                       
(G.L.A.D.) testified via teleconference from Kenai.  He has always                                                              
held the position that the administrative process be revoked, and                                                               
he had hoped that this committee would have removed the                                                                         
administrative process and returned it to the courts.  Although it                                                              
may seem dangerous in the current political climate to allow a vote                                                             
on a law perceived by some as supportive of the use of alcohol or                                                               
drugs, but it is the opinion of the majority of the members of                                                                  
G.L.A.D. that they do not believe it is acceptable for youth to use                                                             
alcohol or drugs and such should not be endorsed.  He further noted                                                             
with regard to probable cause, that the committee is relying on the                                                             
hearing to address the probable cause issues.  Although the                                                                     
legislation provides a nexus for the alcohol and a motor vehicle,                                                               
for which Mr. Hyde lobbied, the administrative hearing process does                                                             
not allow discussion regarding that nexus.  Mr. Hyde read the                                                                   
following from a Division of Motor Vehicles' (DMV) citation                                                                     
provided to an offender of this law:                                                                                            
                                                                                                                                
     "If you make a final request for a hearing and you have                                                                    
     a valid license to drive, you will get a temporary                                                                         
     license.  The temporary license lets you drive until the                                                                   
     date of the hearing.  At the hearing, the hearing officer                                                                  
     will listen to your side of the story, however you need                                                                    
     to focus on the reasons for the hearing.  These reasons                                                                    
     are called issues.  The hearing is limited to issues                                                                       
     regarding your case.  The issues are whether you are                                                                       
     between 14 and 21 years of age and whether the officer                                                                     
     has probable cause to believe that you used a drivers                                                                      
     license as false identification, possessed or consumed                                                                     
     alcohol, possessed or consumed a controlled substance,                                                                     
     operated a vehicle after consuming alcohol or refused to                                                                   
     take a test to measure the alcohol content of your                                                                         
     breath.  The hearing officer will weigh the evidence and                                                                   
     sworn testimony.  The hearing officer will decide based                                                                    
     on the evidence, whether or not to revoke your privilege                                                                   
     to drive."                                                                                                                 
                                                                                                                                
MR. HYDE noted that the citation language does not permit                                                                       
discussion regarding the nexus to drive nor does it permit                                                                      
discussion on any evidence that was illegally obtained.                                                                         
Furthermore, discussion of an illegal search, seizure, or illegal                                                               
entry into a private residence or property is not permitted.                                                                    
Although that may seem easy to overcome in order that underage                                                                  
individuals are punished for the use of alcohol or drugs, peace                                                                 
officers should not be rewarded for illegal procedures.  He wishes                                                              
that the committee will not pass the bill out today in order to                                                                 
address that issue.  He noted that every person who has addressed                                                               
G.L.A.D. has indicated their primary concern in of probable cause                                                               
and that DMV can override the wishes of a court.  He reminded the                                                               
committee members that it is their responsibility to uphold the                                                                 
U.S. Constitution, as well as address the concerns of their                                                                     
constituents.                                                                                                                   
                                                                                                                                
Number 2233                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked whether Mr. Hyde is suggesting that the hearing                                                             
portion be completely eliminated and allow the remedy to be before                                                              
the superior court.                                                                                                             
                                                                                                                                
MR. HYDE replied yes.  That is his ultimate desire.  He indicated                                                               
that language could be added that would maintain the administrative                                                             
process as a review mechanism.  However, when the courts determine                                                              
that an individual is not guilty, there should be no further                                                                    
discussion or avenue for the DMV to comment.  In addition, he noted                                                             
that there is no nexus for controlled substances, which are                                                                     
illegal.                                                                                                                        
                                                                                                                                
Number 2335                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT noted that after a determination from an                                                                          
administrative hearing, an individual still has the ability to take                                                             
his or her case to superior court.  Therefore, why not try to                                                                   
remedy it at the administrative level thereby eliminating the                                                                   
prevailing cost later on down the road?                                                                                         
                                                                                                                                
Number 2360                                                                                                                     
                                                                                                                                
MR. HYDE replied in many situations, that he knows of, the court                                                                
hearing occurred before the administrative process.  Secondly, the                                                              
process of appealing to superior court after a decision requires a                                                              
$750 bond.  Mr. Hyde said that these individuals who may not be                                                                 
able to afford the fine pay more in order to receive justice.  He                                                               
emphasized that this is after having a circuit court judge rule not                                                             
guilty or the charges have been dismissed.  Also, when the appeal                                                               
process is attempted representation is necessary which is also very                                                             
expensive.  He understood that in an administrative situation, an                                                               
individual is not entitled to a public defender.  Therefore,                                                                    
private counsel must be hired.                                                                                                  
                                                                                                                                
CHAIRMAN KOTT requested that Ms. Hensley come forward and review                                                                
the administrative hearing process.                                                                                             
                                                                                                                                
Number 2455                                                                                                                     
                                                                                                                                
JUANITA HENSLEY, Administrator, Director's Office, Division of                                                                  
Motor Vehicles, Department of Administration, stated that the                                                                   
administrative hearing process starts at the time the police                                                                    
officer ...                                                                                                                     
                                                                                                                                
TAPE 99-40, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
                                                                                                                                
MS. HENSLEY continued, "...possession or consumption of alcohol                                                                 
under Title 4."  At that time, the person is provided a copy of the                                                             
notice of revocation which specifies all of the administrative                                                                  
remedies to contest the fact that the DMV will revoke their license                                                             
on the eighth day following the receipt of the notice.  The                                                                     
individual has seven days from the day the notice is given to                                                                   
request an administrative hearing.  If the individual fails to                                                                  
request an administrative hearing, that individual's license is                                                                 
revoked on the eighth day for either 90 days, one year, or three                                                                
years.  Ms. Hensley noted that the notice of revocation during the                                                              
issuance of the citation is a temporary drivers license for seven                                                               
days.  If an administrative hearing is requested, the individual                                                                
receives an extension of that temporary license, which provides the                                                             
date and time of the hearing, the fact that it will be held                                                                     
telephonically, the fact that it can occur even if the violation is                                                             
dismissed or the individual is found not guilty in court.  She                                                                  
noted that there is a different burden of proof on an                                                                           
administrative hearing as opposed to a court charge.                                                                            
                                                                                                                                
MS. HENSLEY further informed the committee that the grounds are,                                                                
did the officer have probable cause to make the initial stop, did                                                               
the officer see or know that the person had consumed or possessed                                                               
alcohol or drugs, and did the person use a fraudulent driver's                                                                  
license to enter an establishment to buy alcohol.  The hearing                                                                  
officer then takes the accused's side of the story.  The accused                                                                
can request that the officer be present to contest the probable                                                                 
cause.  After the hearing, a decision regarding whether the officer                                                             
had grounds for the stop, or the individual did consume or possess                                                              
alcohol is made by the hearing officer at which point a decision is                                                             
rendered to either revoke the individual's drivers license or to                                                                
rescind the action.  If the determination is to rescind the action,                                                             
the individual obtains a new drivers license from the DMV after                                                                 
paying a duplicate fee.  If the determination is to revoke the                                                                  
individual's license, the individual can apply for a limited                                                                    
license to allow for driving to and from employment.  She noted                                                                 
that the individual has the right to file for an appeal to the                                                                  
superior court.  If the superior court upholds the DMV's                                                                        
revocation, the individual has the right to further appeal to the                                                               
supreme court.                                                                                                                  
                                                                                                                                
CHAIRMAN KOTT commented that would hardly occur for a first                                                                     
offense.                                                                                                                        
                                                                                                                                
MS. HENSLEY replied the Chairman would be surprised.  Currently,                                                                
there are cases in the supreme court.  The supreme court has                                                                    
provided the DMV direction on this issue and has limited the                                                                    
discussion during an administrative hearing.  She noted that very                                                               
few cases are lost in superior or supreme court.                                                                                
                                                                                                                                
Number 0192                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Ms. Hensley whether a person cited under this                                                               
provision could apply directly to the superior court and circumvent                                                             
the administrative procedure.  He thought he heard Mr. Hyde say                                                                 
that in some cases the court cases have occurred before the                                                                     
administrative hearing.                                                                                                         
                                                                                                                                
MS. HENSLEY replied the court cases to which Mr. Hyde referred to                                                               
were the violations.  An individual that is issued a citation must                                                              
go before a district court judge, which has a different burden of                                                               
proof than an administrative hearing.  That is the big difference.                                                              
                                                                                                                                
CHAIRMAN KOTT indicated they are separate issues then.                                                                          
                                                                                                                                
Number 0237                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Ms. Hensley whether the hearing                                                                   
officers inform the individuals that they have the right to apply                                                               
for a temporary license.  Is it mandated or just a requirement?                                                                 
                                                                                                                                
MS. HENSLEY replied the officer is required - by law - to read the                                                              
notice to the individual at the time of issuance, which says they                                                               
have the right to an administrative hearing and that the temporary                                                              
license is a seven day permit to drive and they have to ask for a                                                               
hearing with those seven days.                                                                                                  
                                                                                                                                
Number 0276                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG specified that he was referring to the                                                                  
limited license for travel to and from employment.  Does the                                                                    
hearing officer have to inform the individuals that they have the                                                               
right to apply for the limited license?                                                                                         
                                                                                                                                
MS. HENSLEY replied there is not a mandate requiring the hearing                                                                
officers to notify the individuals of their right to apply for a                                                                
limited license.  However, that is the practice and there is a                                                                  
follow-up with printed information detailing the restrictions and                                                               
application procedure for the limited license.                                                                                  
                                                                                                                                
Number 0310                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said:  "Mr. Chairman just to follow-up to                                                               
get this point straight.  I mean, there's a piece of paper that                                                                 
is...What if we're out of paper?  My point is, is anybody that's                                                                
before the hearing officer, could he or could that person not be                                                                
informed he had a right to apply for a limited license?"                                                                        
                                                                                                                                
MS. HENSLEY stated that the individual is advised - at the time of                                                              
the hearing - of the ability to apply for a limited license.                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Ms. Hensley whether that is in                                                                    
statute or regulation.                                                                                                          
                                                                                                                                
MS. HENSLEY replied it's in neither one.  It is part of the hearing                                                             
officers' procedures as specified in their manual.                                                                              
                                                                                                                                
Number 0343                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Ms. Hensley how many people come                                                                  
before a hearing and do not lose their license.  He also inquired                                                               
as to how many people apply for and are granted a limited license.                                                              
                                                                                                                                
MS. HENSLEY replied that she does not have those numbers, but                                                                   
offered to provide that information to him later.  She noted that                                                               
25 percent of individuals, minors and adults who have lost their                                                                
license for administrative proceedings, request an administrative                                                               
hearing to contest the DMV's revocation.                                                                                        
                                                                                                                                
Number 0381                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Ms. Hensley whether there is any                                                                  
indication on that notice that a person can apply for a limited                                                                 
license.                                                                                                                        
                                                                                                                                
MS. HENSLEY replied that the notice says a limited license can be                                                               
requested.  She offered to provide a copy of the notice to the                                                                  
members.                                                                                                                        
                                                                                                                                
Number 0404                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG referred to Section 5 of the proposed                                                                   
committee substitute, and asked Ms. Hensley whether the revocation                                                              
for two years is the standard.                                                                                                  
                                                                                                                                
MS. HENSLEY replied the first offense is 90 days, the second                                                                    
offense is 1 year, and the third offense is 3 years.                                                                            
                                                                                                                                
Number 0428                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI referred to Section 6 of the proposed                                                                  
committee substitute, which provides for the review hearing, and                                                                
asked whether there is anything that could be added to what is                                                                  
considered at the hearing in order to ensure a greater level of due                                                             
process.                                                                                                                        
                                                                                                                                
Number 0473                                                                                                                     
                                                                                                                                
MS. HENSLEY stated that there could be additions to the statutes                                                                
regarding what the hearing officer can hear.                                                                                    
                                                                                                                                
Number 0485                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI understood Ms. Hensley's earlier statement                                                             
regarding the DMV's direction from the courts that the age of the                                                               
individual and the determination of probable cause are what can be                                                              
heard.                                                                                                                          
                                                                                                                                
MS. HENSLEY said that was because the statute is limited to those                                                               
issues.  In cases that went beyond what's in statute and looked at                                                              
other issues, the court came back and said the hearing officer can                                                              
only look at what is in statute.                                                                                                
                                                                                                                                
Number 0514                                                                                                                     
                                                                                                                                
ANNE D. CARPENETI, Assistant Attorney General, Legal Services                                                                   
Section-Juneau, Criminal Division, Department of Law, clarified                                                                 
that at the administrative hearing the burden of proof is                                                                       
preponderance of evidence not probable cause.  The hearing officer                                                              
has to decide that it's more likely than not - 51 percent - the                                                                 
child was drinking and between the ages mention.  The probable                                                                  
cause is the standard that the police officers use in deciding to                                                               
take a license.  Ms. Carpeneti informed the committee that the                                                                  
department still opposes the nexus in the proposed committee                                                                    
substitute because practically the only people whose licenses would                                                             
be taken away are minors who police officers see drinking or                                                                    
holding a beer in a car.  That is likely to be very few because                                                                 
most kids are bright enough not to do that.  Under the proposed                                                                 
committee substitute, a minor who drinks at a party and then gets                                                               
into a car would not have his/her license revoked.                                                                              
                                                                                                                                
CHAIRMAN KOTT invited Mr. Cory Winchell to come back to the table                                                               
for closing comments.                                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG interjected and asked Mr. Winchell to                                                                   
clarify Ms. Carpeneti's comments on a roaring drunk kid in a car.                                                               
                                                                                                                                
MR. WINCHELL said, if that roaring drunk kid gets behind the wheel                                                              
of a car, he will get his license taken away.  The attempt is to                                                                
curtail all of the administrative revocation hearings that are                                                                  
occurring for possession issues.  In addition, the due process for                                                              
an administrative hearing has been established by the supreme court                                                             
as the right to notice and the right to be heard by an impartial                                                                
officer, which are being met under the citation  It is a                                                                        
preponderance of the evidence hearing, therefore, due process is                                                                
being satisfied.  It's a policy call on the part of the legislature                                                             
whether or not to raise the due process procedures to a superior                                                                
court level.  He reiterated, under the proposed committee                                                                       
substitute, a person has the right to be heard before a hearing                                                                 
officer, and for all intents and purposes they do a good job.                                                                   
                                                                                                                                
Number 0689                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG commented that one of the problems with                                                                 
this law is the perception - on the part of the youth - of the                                                                  
unfairness with regards to the nexus.                                                                                           
                                                                                                                                
Number 0730                                                                                                                     
                                                                                                                                
MR. WINCHELL said that he is not married to the language of the                                                                 
nexus.                                                                                                                          
                                                                                                                                
Number 0741                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT recognized the difficulty of the parameter and noted                                                              
that he is not married to the language of the nexus either.                                                                     
                                                                                                                                
Number 0777                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN understood that part of the problem is the                                                                 
word "consumption" and it occurring in the vehicle.  Is there a way                                                             
around that be going back to under the influence? he asked.                                                                     
                                                                                                                                
Number 0809                                                                                                                     
                                                                                                                                
MR. WINCHELL replied yes language could be added that specifies if                                                              
an individual consumes alcohol and then enters and occupies a car,                                                              
that individual can have their license revoked.                                                                                 
                                                                                                                                
Number 0846                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN commented that he doesn't want to punish an                                                                
individual for taking an intoxicated driver home.  On the other                                                                 
hand, without tight language, there would be problems.                                                                          
                                                                                                                                
Number 0870                                                                                                                     
                                                                                                                                
MR. WINCHELL clarified that if the person has not possessed or                                                                  
consumed alcohol, that person would not have his/her license                                                                    
revoked.  The issue is the intoxicated person in a vehicle who                                                                  
would have his/her license revoked.                                                                                             
                                                                                                                                
Number 0898                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT reminded the committee that in order for an officer                                                               
to stop a car there must be probable cause or some other violation,                                                             
at which point, the officer would see a person passed out in the                                                                
car or smell alcohol or whatever.                                                                                               
                                                                                                                                
MR. WINCHELL said, "It's a hard policy call.  I don't envy you."                                                                
                                                                                                                                
Number 0925                                                                                                                     
                                                                                                                                
MS. HENSLEY clarified that, if there is an inebriated person                                                                    
between the age of 14 and 21 and drives, that person would be                                                                   
charged as an adult for drunk driving.                                                                                          
                                                                                                                                
CHAIRMAN KOTT said that, if an intoxicated minor is passed out in                                                               
the back seat, that minor would be cited for underage drinking.                                                                 
                                                                                                                                
MS. HENSLEY said that is true right now.  Under the proposed                                                                    
committee substitute, the officer would have to see the minor                                                                   
consuming the alcohol not just passed out in the car.                                                                           
                                                                                                                                
CHAIRMAN KOTT said that the minor would still be subject to the                                                                 
underage drinking law, although it may not fall under the "Use It,                                                              
Lose It" provision.                                                                                                             
                                                                                                                                
MS. HENSLEY replied yes.                                                                                                        
                                                                                                                                
Number 0982                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated, under the proposed committee                                                                       
substitute, a parent would not be able to drive his/her child home,                                                             
without risking the loss of that child's license.                                                                               
                                                                                                                                
Number 1011                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG inquired as to whether the                                                                              
consumption-by-a-minor statute is clear enough to be adopted by                                                                 
reference.                                                                                                                      
                                                                                                                                
CHAIRMAN KOTT deferred the question to Ms. Carpeneti.                                                                           
                                                                                                                                
Number 1090                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked whether there is an affirmative                                                                   
defense for minor possession or consumption, if there is an adult                                                               
with the minor.                                                                                                                 
                                                                                                                                
Number 1123                                                                                                                     
                                                                                                                                
MS. CARPENETI believed that it is not against the law for a parent                                                              
to furnish alcohol to his/her child in the home.  In addition, she                                                              
does not believe there is an affirmative defense for minor                                                                      
consuming per se, if the alcohol is furnished by a parent or an                                                                 
adult.                                                                                                                          
                                                                                                                                
Number 1158                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said:  "So, they can provide it.  It's                                                                     
just--it's still illegal for their child to drink it."                                                                          
                                                                                                                                
MS. CARPENETI replied yes.                                                                                                      
                                                                                                                                
Number 1173                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked whether consuming alcohol outside of a                                                               
vehicle would be an excuse.                                                                                                     
                                                                                                                                
MS. CARPENETI replied it would take a person out of the "Use It,                                                                
Lose It" law.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GREEN noted that the person could operate a car                                                                  
after consuming alcohol and he would be adjudicated under a                                                                     
different law, but he would not necessarily lose his license.                                                                   
                                                                                                                                
MS. CARPENETI said, "That's correct."                                                                                           
                                                                                                                                
Number 1234                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG clarified that what is being addressed is                                                               
consumption prior to occupying the vehicle because once inside a                                                                
vehicle this kicks in.                                                                                                          
                                                                                                                                
REPRESENTATIVE GREEN asked whether that is the intent.                                                                          
                                                                                                                                
REPRESENTATIVE ROKEBERG replied it is, but that's not how the bill                                                              
is drafted.                                                                                                                     
                                                                                                                                
Number 1276                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated that there is the language "occupying" and                                                                 
"operating."                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG replied he is referring to consumption                                                                  
prior to having consumed alcohol and being in a vehicle.                                                                        
                                                                                                                                
CHAIRMAN KOTT said that a person who consumes alcohol prior to                                                                  
entering a vehicle is subject to the "Use It, Lose It" law.                                                                     
                                                                                                                                
REPRESENTATIVE GREEN said no not if a person drinks alcohol before                                                              
getting into a vehicle.                                                                                                         
                                                                                                                                
Number 1302                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked Ms. Carpeneti whether she is correct                                                              
in saying, if an individual is drinking while intoxicated, the DWI                                                              
penalty is still in place to revoke the license.  That is never                                                                 
going to go away.                                                                                                               
                                                                                                                                
MS. CARPENETI replied yes.                                                                                                      
                                                                                                                                
CHAIRMAN KOTT stated he is talking about the passenger.                                                                         
                                                                                                                                
Number 1318                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN said:  "But, we're saying if he operated a                                                                 
vehicle and he consumed the stuff--the way it's written now--he got                                                             
wasted at a party and then went after him, he doesn't lose his                                                                  
license because of this."                                                                                                       
                                                                                                                                
REPRESENTATIVE KERTTULA replied, if the individual operates a                                                                   
vehicle, that individual would lose his/her license because of DWI                                                              
laws.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GREEN said what difference does it make whether a                                                                
person consumes alcohol before or after he's in a car.                                                                          
                                                                                                                                
Number 1365                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT clarified that the language - "and the possession or                                                              
consumption occurred while occupying a motor vehicle" - addresses                                                               
the issue of the the passengers, not the operators.                                                                             
                                                                                                                                
REPRESENTATIVE GREEN indicated the language needs an "or" in front                                                              
of "operator."                                                                                                                  
                                                                                                                                
Number 1409                                                                                                                     
                                                                                                                                
MS. CARPENETI recommended that the drafter make paragraphs out of                                                               
these for clarity.                                                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG suggested inserting another paragraph,                                                                  
which would use language such as, "consumption prior to occupancy                                                               
of the vehicle."                                                                                                                
                                                                                                                                
REPRESENTATIVE MURKOWSKI suggested the language, "prior to or while                                                             
occupying the vehicle."                                                                                                         
                                                                                                                                
CHAIRMAN KOTT said the language should send the message that if a                                                               
person is underage and has been drinking that person should not get                                                             
into a vehicle no matter who's driving.  He noted that the bill has                                                             
come full circle.  He wondered whether it would work under the                                                                  
guise of adult supervision.                                                                                                     
                                                                                                                                
Number 1517                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT called for an at-ease at 3:05 p.m. and called the                                                                 
meeting back to order at 3:15 p.m.                                                                                              
                                                                                                                                
CHAIRMAN KOTT inquired as to the wishes of the committee members.                                                               
He noted that the bill has a further referral to the House floor.                                                               
He is out of suggestions other than to tie the act of drinking in                                                               
or out of the vehicle to the "Use It, Lose It" law, which he is not                                                             
comfortable with.                                                                                                               
                                                                                                                                
Number 1628                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG moved to report CSHB 151(JUD) [Version                                                                  
LS0492\X, Ford, 4/23/99] out of committee with individual                                                                       
recommendations and the attached zero fiscal note.  There being no                                                              
objection, it was so moved from the House Judiciary Standing                                                                    
Committee.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT adjourned the House Judiciary Standing Committee                                                                  
meeting at 3:20 p.m.                                                                                                            

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