Legislature(2017 - 2018)GRUENBERG 120

05/02/2018 01:45 PM STATE AFFAIRS

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Audio Topic
01:54:32 PM Start
01:54:58 PM HB408
02:38:44 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Rescheduled from 5/1/18 --
+= HB 408 REVOCATION OF DRIVER'S LICENSE TELECONFERENCED
Moved CSHB 408(STA) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                          May 2, 2018                                                                                           
                           1:54 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chris Tuck                                                                                                       
Representative Adam Wool                                                                                                        
Representative Chris Birch                                                                                                      
Representative Gary Knopp                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson (alternate)                                                                                       
Representative Chuck Kopp (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 408                                                                                                              
"An Act relating to revocation of a driver's license."                                                                          
                                                                                                                                
     - MOVED CSHB 408(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 408                                                                                                                  
SHORT TITLE: REVOCATION OF DRIVER'S LICENSE                                                                                     
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
04/04/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/18       (H)       STA, JUD                                                                                               
04/26/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
04/26/18       (H)       Heard & Held                                                                                           
04/26/18       (H)       MINUTE(STA)                                                                                            
05/01/18       (H)       STA AT 3:15 PM GRUENBERG 120                                                                           
05/01/18       (H)       -- Delayed to 5/2/18 --                                                                                
05/02/18       (H)       STA AT 1:45 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GREG SMITH, Staff                                                                                                               
Representative Gabrielle LeDoux,                                                                                                
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented  Amendment 1  on behalf  of House                                                             
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
NANCY MEADE, General Counsel;                                                                                                   
Administrative Staff                                                                                                            
Office of the Administrative Director                                                                                           
Alaska Court System (ACS)                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
408.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:54:32 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    1:54   p.m.                                                               
Representatives  Kreiss-Tomkins, LeDoux,  Wool, Birch,  and Knopp                                                               
were present at  the call to order.   Representative Tuck arrived                                                               
as the meeting was in progress.                                                                                                 
                                                                                                                                
             HB 408-REVOCATION OF DRIVER'S LICENSE                                                                          
                                                                                                                                
1:54:58 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the only order  of business                                                               
would be HOUSE BILL NO. 408,  "An Act relating to revocation of a                                                               
driver's license."                                                                                                              
                                                                                                                                
1:55:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  moved  to   adopt  Amendment  1,  labeled                                                               
30-LS1554\A.6,  Martin, 5/2/18  which read  as follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 1, line 3, through page 2, line 13:                                                                                   
          Delete all material and insert:                                                                                       
        "* Section 1. AS 28.35.030(o) is amended to read:                                                                   
          (o)  Upon request, the department shall review a                                                                      
      driver's license revocation imposed under (n)(3) of                                                                       
     this section and                                                                                                           
               (1)  may restore the driver's license if                                                                         
               (A)  the license has been revoked for a                                                                          
     period of at least 10 years;                                                                                               
               (B)  the  person has not been  convicted of a                                                                    
     driving-related criminal offense  since the license was                                                                    
     revoked; and                                                                                                               
               (C)   the person provides proof  of financial                                                                    
     responsibility;                                                                                                            
               (2)  shall restore the driver's license if                                                                       
               (A)   the  person  has  been granted  limited                                                                    
     license  privileges   under  AS 28.15.201(g)   and  has                                                                    
     successfully  driven  under  that limited  license  for                                                                    
     three   years  without   having  the   limited  license                                                                    
     privileges revoked;                                                                                                        
               (B)  the person  has successfully completed a                                                                    
     court-ordered treatment  program under  AS 28.35.028 or                                                                    
     a     rehabilitative     treatment    program     under                                                                    
     AS 28.15.201(h);                                                                                                           
               (C)  the  person has not been  convicted of a                                                                    
     violation  of AS 28.35.030  or 28.35.032  or a  similar                                                                    
     law or ordinance of this  or another jurisdiction since                                                                    
     the license was revoked;                                                                                                   
               (D)   the  person  is  otherwise eligible  to                                                                    
     have  the  person's   driving  privileges  restored  as                                                                    
     provided in AS 28.15.211; in  an application under this                                                                    
     subsection, a  person whose license  was revoked  for a                                                                    
     violation  of AS 28.35.030(n)  or  28.35.032(p) is  not                                                                    
     required  to   submit  compliance  as   required  under                                                                    
     AS 28.35.030(h) or 28.35.032(l); and                                                                                       
               (E)   the person provides proof  of financial                                                                    
     responsibility;                                                                                                        
               (3)  may restore the driver's license if                                                                     
               (A)    the license  has  been  revoked for  a                                                                
     period of at least 10 years;                                                                                           
               (B)  the  person has not been  convicted of a                                                                
     driving-related criminal offense                                                                                       
               (i)   in the 10  years preceding  the request                                                                
     for restoration of the driver's license; and                                                                           
               (ii)  since the  license was revoked, and, as                                                                
     part of the same act  or criminal episode for which the                                                                
     person  was convicted  of the  driving-related criminal                                                                
     offense, the person was not  convicted of a crime under                                                                
     AS 11.41.100   -   11.41.170,   11.41.200,   11.41.210,                                                                
     11.41.280,  or  11.41.282  or a  law  or  ordinance  in                                                                
     another jurisdiction with similar elements;                                                                            
               (C)   as  part of  the same  act or  criminal                                                                
     episode  for   which  the   person  was   convicted  or                                                                
     previously  convicted  for  purposes  of  (n)  of  this                                                                
     section, the person was not  convicted of a crime under                                                                
     AS 11.41.100   -   11.41.170,   11.41.200,   11.41.210,                                                                
        11.41.280, or 11.41.282 or a law or ordinance in                                                                    
     another jurisdiction with similar elements; and                                                                        
               (D)  the person provides proof of financial                                                                  
     responsibility."                                                                                                       
                                                                                                                                
CHAIR KREISS-TOMKINS objected for the purpose of discussion.                                                                    
                                                                                                                                
1:55:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  reminded members that the  committee heard                                                               
HB 408 at  its last meeting.   She became aware that  a number of                                                               
people outside the committee had  expressed concern that [HB 408]                                                               
may give  a pathway  for license restoration  to someone  who had                                                               
killed or seriously injured someone  during the [DUI] causing the                                                               
initial  revocation or  for subsequent  driving-related offenses.                                                               
Amendment  1 would  allow  a pathway  for a  person  who has  not                                                               
killed  or  seriously  injured someone  during  the  event  [DUI]                                                               
causing the initial revocation  or for subsequent driving-related                                                               
offenses to  have his/her driver's  license restored.   She added                                                               
the  caveat was  that  the  person must  have  a "clean"  driving                                                               
record for ten years.                                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX  clarified that  Amendment 1 would  make it                                                               
more  difficult for  those desiring  to reinstate  their driver's                                                               
licenses than the language in the original bill.                                                                                
                                                                                                                                
1:57:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP  asked for  clarification  if  it was  more                                                               
complicated to do so under Amendment 1.                                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX  answered that  it would be  more difficult                                                               
to  obtain the  license restoration  since it  would not  allow a                                                               
person who had killed or seriously  injured someone in the DUI or                                                               
in the  driving-related offense subsequent  to the  revocation to                                                               
have a pathway.                                                                                                                 
                                                                                                                                
1:58:30 PM                                                                                                                    
                                                                                                                                
CHAIR  KREISS-TOMKINS   related  his  understanding   that  under                                                               
Amendment 1, a driver whose license  was revoked has two paths to                                                               
restore his/her license.  One pathway  would be to have ten years                                                               
of a clean driving record so  long as the original offense(s) did                                                               
not lead  to someone being  hurt or  killed.  The  second pathway                                                               
would be  for those who  had killed or seriously  injured someone                                                               
during a DUI or in  the driving-related offense subsequent to the                                                               
revocation; however, it would be more difficult to do so.                                                                       
                                                                                                                                
REPRESENTATIVE  LEDOUX answered  no.   She  clarified that  under                                                               
current law  a person  whose license  was revoked  and who  had a                                                               
subsequent driving-related  criminal offense  would not  have any                                                               
pathway  to restore  his/her  license except  if  the person  was                                                               
convicted of  another DUI and  was referred to [and  completed] a                                                               
therapeutic court  process.  In  that instance, the  driver could                                                               
obtain a  limited license and  if he/she remained clean  would be                                                               
eligible for a regular driver's license.                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX  explained that the original  bill, HB 408,                                                               
would provide a way for a  person whose driver's license had been                                                               
permanently revoked to be restored so  long as the person did not                                                               
have  any driving-related  offenses  for 10  years preceding  the                                                               
request for  license restoration.   Under  current law,  a driver                                                               
with a DUI  revocation who was subsequently  convicted of another                                                               
DUI  while  driving  with  a suspended  license  (DWSL)  but  was                                                               
referred to and completed a  therapeutic court program could have                                                               
driving   privileges  restored.     The   bill  would   fix  this                                                               
inconsistency.   She  referred  to  AS 28.35.030(o)(1)(B),  which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     (B) the  person has  not been  convicted of  a driving-                                                                    
     related criminal offense in the  10 years preceding the                                                                  
     request  for  restoration  of the  license  [SINCE  THE                                                                  
     LICENSE WAS REVOKED]; and                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX  reiterated that Amendment 1  would address                                                               
the concern  that the penalty  was too lenient for  someone whose                                                               
DUI  or  whose  subsequent   driving-related  offense  after  the                                                               
driver's  license revocation  led to  serious physical  injury or                                                               
death of another person.                                                                                                        
                                                                                                                                
2:01:47 PM                                                                                                                    
                                                                                                                                
GREG SMITH, Staff, Representative  Gabrielle LeDoux, Alaska State                                                               
Legislature,   acknowledged   that  Representative   LeDoux   has                                                               
appropriately explained  Amendment 1.   He offered that  a number                                                               
of  scenarios  could occur  during  a  lifetime driver's  license                                                               
revocation   under  AS   28.35.030(n)(3),  including   subsequent                                                               
driving-related criminal offenses.                                                                                              
                                                                                                                                
MR. SMITH  reiterated that the  goal of HB  408 was to  provide a                                                               
pathway for  those with a  lifetime driver's  license revocation,                                                               
who had  been convicted  of a  driving-related offense  after the                                                               
revocation.   Amendment 1 would  put up  a side bar  and prohibit                                                               
anyone  who  had a  DUI  that  had  killed or  seriously  injured                                                               
someone  from  having  their driver's  license  restored.    That                                                               
prohibition  exists  in  current  law,  he  said.    The  trigger                                                               
prohibiting  people from  having a  driver's license  restored is                                                               
the  post  revocation  driving-related  criminal  offense,  which                                                               
ranges from a person who was  driving with a suspended or revoked                                                               
license or to a person  who was convicted of criminally-negligent                                                               
homicide or vehicular manslaughter.                                                                                             
                                                                                                                                
2:03:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP asked  for clarification  whether a  person                                                               
who  had several  DUIs  but  was "clean"  for  10  years, had  no                                                               
further  driving-related  offenses,   would  be  prohibited  from                                                               
driver's license  restoration.   He related  a scenario  that had                                                               
happened  several  years  ago,  in   which  a  person  driving  a                                                               
passenger  bus ran  into a  car who  had slowed  to turn  left at                                                               
Portage Glacier [in which people were killed].                                                                                  
                                                                                                                                
MR.  SMITH answered  if  one  of the  person's  DUIs resulted  in                                                               
manslaughter  or criminally-negligent  homicide that  [the person                                                               
would be prohibited from reinstating his/her driver's license.]                                                                 
                                                                                                                                
2:05:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP interjected  that  the bus  driver had  not                                                               
been charged  with a DUI.   He asked whether the  driver would be                                                               
eligible for  license restoration if the  driver had subsequently                                                               
been  convicted  of additional  DUIs  and  the person's  driver's                                                               
license was suspended.                                                                                                          
                                                                                                                                
MR.  SMITH related  his understanding  that the  person would  be                                                               
eligible to  have the  driver's license restored  so long  as the                                                               
criminally-negligent homicide was not connected to a DUI.                                                                       
                                                                                                                                
2:06:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP said he had  a sense that the exemptions [in                                                               
Amendment 1] would defeat the purpose of the bill.                                                                              
                                                                                                                                
MR. SMITH disagreed  that Amendment 1 would defeat the  bill.  He                                                               
reiterated the intent of bill was  to provide a pathway for those                                                               
who  had  a DUI  license  revocation  with a  subsequent  driving                                                               
offense to  have their driver's  license restored after  10 years                                                               
with a  clean record.  Amendment  1 would allow that  group to be                                                               
eligible  for  a license  so  long  as  they  had not  killed  or                                                               
seriously injured someone  during the course of DUIs  that led to                                                               
the   revocation  or   in  subsequent   driving-related  criminal                                                               
activity.  In  further response to Representative  Knopp, he said                                                               
if the person  killed or seriously injured a person  during a DUI                                                               
that  led  to the  revocation  or  in subsequent  driving-related                                                               
offense(s), the person  would not be able to  get his/her license                                                               
restored.                                                                                                                       
                                                                                                                                
CHAIR KREISS-TOMKINS passed the gavel to Representative Wool.                                                                   
                                                                                                                                
2:09:11 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:10:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH  referred to an  [e-mail] dated May  1, 2018                                                               
from [Minta C.] Montalbo [to  Mr. Greg Smith] in members' packets                                                               
with  statistics for  the number  of drivers  who reoffend  after                                                               
having their driver's licenses restored.   He said that the total                                                               
number of  approved felony  termination of  revocation applicants                                                               
from 2012 to  the present was 171 with two  reoffenders of DUI or                                                               
refusals after  an approved application.   He  characterized [the                                                               
reoffenders]  as   negligible.    He  said   he  appreciated  the                                                               
information, which he found supportive.                                                                                         
                                                                                                                                
2:11:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  advised members that nothing  in Amendment                                                               
1 would  make it  more difficult [to  apply for  driver's license                                                               
restoration]  than current  law; however,  she acknowledged  that                                                               
Amendment 1 was more restrictive than the language in HB 408.                                                                   
                                                                                                                                
MR. SMITH agreed, but highlighted  that Amendment 1 would allow a                                                               
small group of people to have their driver's licenses restored.                                                                 
                                                                                                                                
2:12:49 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR  WOOL asked whether  someone convicted  of vehicular                                                               
homicide or  manslaughter would be  subject to  lifetime driver's                                                               
license revocation.                                                                                                             
                                                                                                                                
MR.  SMITH  related  his  understanding  that  lifetime  driver's                                                               
license  revocation  was  primarily  tied to  felony  DUIs.    He                                                               
recalled the e-mail referenced earlier  had mentioned one case of                                                               
vehicular  homicide or  manslaughter  led  to permanent  driver's                                                               
license revocation.  In further  response to Representative Wool,                                                               
he agreed  the bill would apply  to someone who had  a felony DUI                                                               
revocation and a  post-revocation driving offense, but  who had a                                                               
clean record for a minimum of ten years.                                                                                        
                                                                                                                                
ACTING  CHAIR  WOOL reiterated  who  would  be eligible  to  have                                                               
his/her driver's  license restored:   a person with a  felony DUI                                                               
revocation, who has a clean ten-year post-revocation period.                                                                    
                                                                                                                                
MR. SMITH agreed.                                                                                                               
                                                                                                                                
2:15:15 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR  WOOL related a  scenario in  which a person  with a                                                               
DUI revocation drove  with a suspended license in year  five.  He                                                               
asked whether this  would start a new 10-year period  in terms of                                                               
establishing a clean record.                                                                                                    
                                                                                                                                
MR. SMITH answered yes.                                                                                                         
                                                                                                                                
2:15:46 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR WOOL  asked for confirmation that  Amendment 1 would                                                               
prohibit someone from  who was convicted of a  DUI that seriously                                                               
hurt  or killed  a person  from having  his/her driver's  license                                                               
restored.                                                                                                                       
                                                                                                                                
MR. SMITH answered yes.                                                                                                         
                                                                                                                                
2:16:17 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR WOOL asked what constituted a "serious injury."                                                                    
                                                                                                                                
MR.  SMITH said  the sponsor  collaborated with  the Division  of                                                               
Motor  Vehicles  (DMV), who  preferred  that  the bill  refer  to                                                               
specific statutes.  He referred to  page 2, lines 14-16 and 20-21                                                               
of Amendment 1, to AS  [Alaska Statute] 28.35.030(o)(3)(B)(ii), "                                                               
... the person was not convicted  of a crime under AS 11.41.100 -                                                               
11.41.170,  11.41.200, 11.41.210,  11.41.280,  or 11.41.282  ....                                                               
He related that AS 11.41.100 -  11.41.170 refers to murder in the                                                               
first  degree,   murder  in  the  second   degree,  manslaughter,                                                               
criminally-negligent  homicide,   murder  of  an   unborn  child,                                                               
manslaughter  of   an  unborn  child,   and  criminally-negligent                                                               
homicide  of  an  unborn  child.   He  further  related  that  AS                                                               
11.41.200 - 11.41.210  refers to assault in the  first degree and                                                               
assault  in the  second  degree, which  have  a serious  physical                                                               
injury  component;  and  AS  11.41.280,  or  11.41.282  refer  to                                                               
assault of an unborn child in  the first and second degree, which                                                               
also have a serious physical injury component, as well.                                                                         
                                                                                                                                
2:17:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK related his  understanding that under current                                                               
law  a person  whose  license  was revoked  could  apply to  have                                                               
driver's  privileges   restored  if  the  person   has  not  been                                                               
convicted of a driving-related offense for ten years.                                                                           
                                                                                                                                
MR. SMITH agreed.                                                                                                               
                                                                                                                                
2:18:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  related his  understanding that  Amendment 1                                                               
would allow persons convicted of  a driving-related offense after                                                               
a felony  conviction to apply  to have their  driver's privileges                                                               
restored  if they  had not  been convicted  of a  driving-related                                                               
offense for  ten years; however, the  driver's license revocation                                                               
would be permanent if the  person's license revocation was due to                                                               
a serious injury or death.                                                                                                      
                                                                                                                                
MR.  SMITH responded  that  under Amendment  1,  if the  person's                                                               
license revocation was  due to a serious injury or  death but the                                                               
person  was  later  convicted  of  a  subsequent  driving-related                                                               
offense,   the  person   would  not   be  eligible   for  license                                                               
restoration,  which is  current law;  that license  revocation is                                                               
permanent for  that group.   He  referred members  to a  chart in                                                               
their  packets  dated May  2,  2018,  prepared by  Representative                                                               
LeDoux's office.                                                                                                                
                                                                                                                                
2:20:16 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR WOOL referred to [an  e-mail dated May 1, 2018, from                                                               
Minta Montalbo  that the committee discussed  earlier] which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     DUI/REFUSAL misdemeanor:                                                                                                   
     1st offense -90 days                                                                                                       
     2nd offense - 1 year                                                                                                       
     3rd offense - 3 years                                                                                                      
     4th or more offense - 5 years                                                                                              
                                                                                                                                
     Typically, by the 3rd offense or more within a 10 year                                                                     
        period, the charge is a felony, but we have seen                                                                        
     multiple offenses charged as a misdemeanor.                                                                                
                                                                                                                                
ACTING  CHAIR  WOOL  asked  for   clarification  on  whether  the                                                               
decision to  impose a five-year  or lifetime revocation is  up to                                                               
the judge.                                                                                                                      
                                                                                                                                
MR. SMITH said he did not believe  so.  He deferred to the Alaska                                                               
Court System  but related his  understanding that the  felony DUI                                                               
is triggered  when the  person has three  DUIs within  a ten-year                                                               
period.  He  speculated that perhaps a person could  get a fourth                                                               
misdemeanor  offense if  it was  spread out  beyond the  ten-year                                                               
period.                                                                                                                         
                                                                                                                                
2:21:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP asked  for further  clarification from  the                                                               
department.                                                                                                                     
                                                                                                                                
2:21:41 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel; Administrative  Staff, Office  of                                                               
the   Administrative  Director,   Alaska   Court  System   (ACS),                                                               
responded  that the  court does  not have  any discretion  with a                                                               
felony  DUI and  must  revoke the  driver's license  permanently.                                                               
She  stated  that Mr.  Smith  was  correct  that there  could  be                                                               
multiple misdemeanor DUIs;  however, if the DUIs  were spread out                                                               
over a long period of time they would not constitute a felony.                                                                  
                                                                                                                                
2:22:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KNOPP   asked    whether   the   committee   was                                                               
interpreting the  bill [and Amendment  1] correctly.   He related                                                               
his understanding  that if  a person  reoffended during  the ten-                                                               
year  period it  would reset  the  clock for  another ten  years;                                                               
although he  thought the  penalty [in Amendment  1] might  be too                                                               
tough  for  post-conviction driving  offenses,  but  not for  the                                                               
[original DUI convictions] that resulted in deaths.                                                                             
                                                                                                                                
REPRESENTATIVE LEDOUX  remarked that resetting the  clock for ten                                                               
years might seem  like a long period of time,  but [under current                                                               
law] without HB  408 or Amendment 1, the clock  would not ever be                                                               
reset  with no  path for  the person  to have  driving privileges                                                               
restored.                                                                                                                       
                                                                                                                                
2:23:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  acknowledged that  the [bill  and Amendment                                                               
1] was a  step forward; however, this also  allowed the committee                                                               
to  have the  conversation to  discuss that  the clock  should be                                                               
reset regardless of the charges.                                                                                                
                                                                                                                                
ACTING CHAIR  WOOL stated that Representative  LeDoux pointed out                                                               
at  a  previous  meeting  that although  current  law  imposes  a                                                               
permanent license revocation, if the  person was convicted of yet                                                               
another DUI  the driver could  use the therapeutic  court process                                                               
to  restore  the  person's  driver's   license  privileges.    He                                                               
questioned the inconsistency of the two situations.                                                                             
                                                                                                                                
2:24:21 PM                                                                                                                    
                                                                                                                                
MS.  MEADE interpreted  Amendment  1, which  would provide  three                                                               
avenues for  a person to  restore his/her driver's  license under                                                               
AS 28.35.030(o).  She referred to  page 1, line 6 of Amendment 1,                                                               
which states  current law, AS  28.35.030(o)(1), that  would allow                                                               
restoration of a  driver's license if the person has  not had any                                                               
driving-related criminal offenses for 10  years since the date of                                                               
revocation.   The person  must also  provide proof  of insurance,                                                               
which is  a stipulation  for all  reinstatements.   That language                                                               
existed before  and it exists now,  she said.  It  was added when                                                               
the permanent revocation language  was adopted by the legislature                                                               
as  a   means  to  provide   a  pathway  for   restoring  driving                                                               
privileges.                                                                                                                     
                                                                                                                                
MS. MEADE  related that  a second pathway  to restore  a driver's                                                               
license revocation  is provided  under AS  28.35.030(o)(2), which                                                               
she noted  was current  law.   The provision  provides that  if a                                                               
person  had successfully  completed  therapeutic  court in  2002,                                                               
that the person  could apply for a limited  driver's license, and                                                               
after three  years with  no driver's  license violations  the DMV                                                               
could restore driver's privileges.   She clarified that this path                                                               
was untouched by HB 408.                                                                                                        
                                                                                                                                
MS. MEADE  related HB 408 provides  a third pathway related  to a                                                               
person  who  was convicted  of  driving  while license  suspended                                                               
(DWLS)  after   revocation,  who  has  been   excluded  under  AS                                                               
28.35.030(o)(1)  from  obtaining  driver's  license  restoration.                                                               
She explained the  DMV can restore a revoked  driver's license if                                                               
the person has not been convicted  of any driving offenses in the                                                               
10 years prior  to the application; however;  [Amendment 1] added                                                               
the  stipulation that  any subsequent  driving-related conviction                                                               
cannot have  resulted in  death or serious  injury.   Further, AS                                                               
28.35.030(o)(3)(C)  also  added  language that  that  the  person                                                               
could not  have [seriously injured]  or killed someone in  any of                                                               
DUIs that  led up to  the felony DUI.   She reiterated that  if a                                                               
person  had  a [a  subsequent  driving-related  offense] after  a                                                               
felony  DUI   conviction,  the  person   could  apply   under  AS                                                               
28.35.030(o)(3) to  have his/her driver's license  restored.  She                                                               
offered  her belief  that the  stipulation that  the language  in                                                               
Amendment 1  that the driver  must have  "a clean record"  for 10                                                               
years before applying for driver's  license restoration was added                                                               
to be consistent with AS 28.35.030(o)(1).                                                                                       
                                                                                                                                
2:27:04 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR WOOL related a scenario  in which a driver had three                                                               
DUIs, triggering  a felony lifetime driver's  license revocation,                                                               
with  one DUI  that  resulted  in [serious]  bodily  injury.   He                                                               
related his understanding that person  would never be eligible to                                                               
have  his/her driver's  license  restored even  after having  ten                                                               
years of driving without any driving-related offenses.                                                                          
                                                                                                                                
MS. MEADE  agreed that  was how she  interpreted the  language on                                                               
page  2,  lines 18-21  of  Amendment  1,  which read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     (C) as  part of  the same act  or criminal  episode for                                                                    
     which the person was  convicted or previously convicted                                                                    
     for purposes  of (n)  of this  section, the  person was                                                                    
     not  convicted  of a  crime  under  AS 11.41.100  -  29                                                                    
     11.41.170,   11.41.200,    11.41.210,   11.41.280,   or                                                                    
     11.41.282   or   a   law  or   ordinance   in   another                                                                    
     jurisdiction with similar elements; and                                                                                    
                                                                                                                                
MS. MEADE  offered her  belief that the  wording was  intended to                                                               
apply to  any of the  DUIs that led  to the person  being charged                                                               
under subsection (n)  of this section.  She  stated this language                                                               
was essentially identifying a felony DUI.   She added that if the                                                               
person was proceeding  under AS 28.35.030(o)(3) that  none of the                                                               
DUIs may have resulted in [serious bodily injury or death].                                                                     
                                                                                                                                
2:28:16 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR  WOOL recalled that Mr.  Smith previously identified                                                               
violations and  the definition of assault,  including intentional                                                               
physical harm.   He was  unsure of  the threshold of  injury that                                                               
would result in permanent driver's license revocation.                                                                          
                                                                                                                                
MS.  MEADE said  that a  person  seeking a  pathway [for  license                                                               
restoration]  under  AS   28.35.030(o)(3),  after  conviction  of                                                               
assault  in the  first or  second degree,  which had  resulted in                                                               
serious bodily harm  [or death] in connection with  the DUI would                                                               
be disqualified  under AS 28.35.030(o)(3).   However, that person                                                               
could   still   apply   for    license   restoration   under   AS                                                               
28.35.030(o)(1) if  the person was  convicted of felony  DUI, but                                                               
subsequently was  not convicted of [any  driver-related] offenses                                                               
after  his/her license  was revoked.   Under  that scenario,  the                                                               
current law would apply, and  the person could apply for driver's                                                               
license restoration.   She clarified that  the provisions related                                                               
to  death, manslaughter,  or  assault in  connection  with a  DUI                                                               
would only apply under the language  added by this bill; that the                                                               
person  had not  been convicted  of any  driving-related criminal                                                               
offenses since his/her license revocation.                                                                                      
                                                                                                                                
2:30:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  related  his understanding  that  a  person                                                               
[would be eligible  to apply] for a  driver's license restoration                                                               
after ten years if the person  "stays clean" [that the person had                                                               
not  been convicted  of any  driving-related criminal  offenses];                                                               
however,  if  the person  was  convicted  of a  moving  violation                                                               
[after  the  felony DUIs],  the  person  would  need to  wait  an                                                               
additional  ten years  [to be  eligible for  license restoration]                                                               
unless  the  original crime  resulted  in  the death  or  serious                                                               
injury, in which case the license revocation would be permanent.                                                                
                                                                                                                                
MS.  MEADE  answered  yes.    She  commented  that  manslaughter,                                                               
criminal-negligence,  homicide,  or  serious-bodily  harm  felony                                                               
convictions  would  be  considered   when  a  person  sought  the                                                               
[license  restoration] pathway  under AS  28.35.030(o)(3) because                                                               
the  person  had  also  incurred  some  type  of  driving-related                                                               
criminal offense since the revocation occurred.                                                                                 
                                                                                                                                
2:31:02 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR WOOL asked for  further clarification for the person                                                               
with   a  driver's   license  revocation   [due  to   DUI  felony                                                               
conviction]  who subsequently  was  convicted of  an assault  not                                                               
related to a  motor vehicle offense; for example,  the person got                                                               
into a  fight.   He asked  whether that would  apply or  if these                                                               
provisions only related to motor vehicle offenses.                                                                              
                                                                                                                                
MS. MEADE  responded that the  language in Amendment  1 specifies                                                               
the other  criminal offenses must be  as part of the  same act or                                                               
criminal  episode  for which  the  person  had a  driving-related                                                               
criminal offense or DUI conviction.                                                                                             
                                                                                                                                
2:31:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KNOPP   said   that  the   explanations   helped                                                               
considerably.                                                                                                                   
                                                                                                                                
2:31:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  reviewed the  evaluation chart  [in members'                                                               
packets; prepared  by the office  of Representative  LeDoux dated                                                               
May 2, 2018],  in which the check mark refers  to a conviction of                                                               
DUI/refusal.  He  referred to scenario 2, listing  3 DUIs [noting                                                               
the  heading indicates  that it]  leads  to permanent  revocation                                                               
under (n)(3), which is a felony  conviction.  The person would be                                                               
eligible for driver's license restoration  after a "clean" record                                                               
of 10 years.   He referred to scenario 1 in  which the person had                                                               
two DUIs; however, the third DUI resulted in a death or serious-                                                                
physical injury (D/SPI).   He noted the person must  have a clean                                                               
record  with no  subsequent moving  violation to  be eligible  to                                                               
have  his/her  driving  privileges  restored.    He  referred  to                                                               
scenario 4,  in which  the first DUI  offense resulted  in D/SPI,                                                               
followed by  two more DUIs.   He asked whether a  person could be                                                               
convicted of a felony DUI on the first offense.                                                                                 
                                                                                                                                
MS. MEADE responded that if the  person caused a death or serious                                                               
physical  injury during  a DUI  would  receive multiple  charges;                                                               
however, the DUI would not constitute  a higher level of crime in                                                               
itself.  She  stated the person could be convicted  of first time                                                               
DUI  plus manslaughter  or  have a  second  DUI plus  criminally-                                                               
negligent  homicide;  however, it  would  still  be considered  a                                                               
misdemeanor  DUI, but  the  other charge  would  be considered  a                                                               
felony.                                                                                                                         
                                                                                                                                
2:33:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK related  a scenario  in which  someone whose                                                               
first DUI  resulted in death  or serious physical injury  and the                                                               
person was  also charged  with manslaughter,  but had  no further                                                               
DUIs,  whether  the  person  would   be  subject  to  a  lifetime                                                               
suspension  of his/her  driver's license  or if  the court  would                                                               
consider the charges separately.                                                                                                
                                                                                                                                
MS. MEADE answered that the  court would consider the two charges                                                               
separately.                                                                                                                     
                                                                                                                                
2:34:52 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:35:19 PM                                                                                                                    
                                                                                                                                
A roll call  vote was begun.  Representatives  Knopp, LeDoux, and                                                               
Wool voted in favor of Amendment 1.                                                                                             
                                                                                                                                
ACTING CHAIR WOOL asked for an at-ease.                                                                                         
                                                                                                                                
2:35:59 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:36:31 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR WOOL voided the roll call vote on Amendment 1.                                                                     
                                                                                                                                
2:36:51 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Tuck, Knopp, Wool,                                                               
LeDoux,  and Birch  voted in  favor of  Amendment 1.   Therefore,                                                               
Amendment 1 was adopted by a vote of 5-0.                                                                                       
                                                                                                                                
2:38:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP moved  to report HB 408, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero  fiscal  note.    There being  no  further  objection,  CSHB                                                               
408(STA)  was  reported from  the  House  State Affairs  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
2:38:44 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 2:38                                                               
p.m.                                                                                                                            

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