Legislature(1993 - 1994)
02/25/1993 05:00 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
February 25, 1993
5:00 p.m.
MEMBERS PRESENT
Representative Richard Foster, Chair
Representative Gary Davis, Vice-Chair
Representative Curt Menard
Representative Jerry Mackie
Representative Eldon Mulder
MEMBERS ABSENT
Representative Al Vezey
Representative Bill Hudson
COMMITTEE CALENDAR
*HB 61: "An Act relating to the offense of operating a
motor vehicle, aircraft, or watercraft while
intoxicated; and providing for an effective date."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
*HB 117: "An Act naming the Manvil H. Olson Bridge."
PASSED FROM COMMITTEE
(* First public hearing.)
WITNESS REGISTER
REPRESENTATIVE JIM NORDLUND
Alaska State Legislature
State Capitol
Juneau, Alaska 99811-1182
465-4968
Position Statement: Prime Sponsor of HB 61
JAY FRANK, Lobbyist
State Farm and Allstate Insurance Companies
431 N. Franklin St.
Juneau, Alaska 99801
586-5777
Position Statement: Supported HB 61
HOWARD BURGER, First Sergeant
Alaska State Troopers
5700 E. Tudor
Anchorage, Alaska 99507
269-5701
Position Statement: Supported HB 61
MIKE NEELY
CHARR
P.O. BOX 104839
Anchorage, Alaska 99510
277-8640
Position Statement: Opposed HB 61
CAROL WILSON, Executive Director
Alaska Cabaret, Hotel, Restaurant and
Retailers Association (CHARR)
P.O. Box 104839
Anchorage, Alaska 99510
277-8640
Position Statement: Observer, opposed HB 61
KAREY SMITH
4925 Tiffin Circle
Anchorage, Alaska 99508
265-8883
Position Statement: Testified on HB 61
NEILL RAYMOND
National Highway Traffic Safety Administration
Region 10
3140 Jackson Bldg.
915 Second Ave.
Seattle, WA 98174
Position Statement: Testified on HB 61
KEITH PERRIN, President
Public Safety Employees Association
1569 S. Bragaw Street, #201
Anchorage, Alaska 99508
337-1979
Position Statement:
RICK URION, Lobbyist
Alaska Wine and Spirits Wholesalers Association
P.O. Box 20868
Juneau, Alaska 99802
586-5088
Position Statement: Opposed HB 61
LENNIE GORSUCH, Lobbyist
Miller Brewing Company
P.O. Box 240504
Douglas, Alaska 99824
364-3310
Position Statement: Opposed HB 61
DANA LATOUR, Legislative Liaison
Department of Corrections
Fuller Building, 3rd Floor
4th and Harris
Juneau, Alaska 99811
465-3376
Position Statement: Observer
PREVIOUS ACTION
BILL: HB 61
SHORT TITLE: LOWER ALCOHOL LIMIT TO 0.08 FOR OMVI'S
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) NORDLUND,Ulmer,Brown
TITLE: "An Act relating to the offense of operating a motor
vehicle, aircraft, or watercraft while intoxicated; and
providing for an effective date."
JRN-DATE JRN-PG ACTION
01/15/93 73 (H) READ THE FIRST TIME/REFERRAL(S)
01/15/93 74 (H) TRANSPORTATION,JUDICIARY,FINANCE
01/27/93 169 (H) COSPONSOR(S): BROWN
02/25/93 (H) TRA AT 05:00 PM CAPITOL 17
BILL: HB 117
SHORT TITLE: NAME MANVIL H. OLSON BRIDGE (SCHROCK RD.)
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MENARD,Carney
TITLE: "An Act naming the Manvil H. Olson Bridge."
JRN-DATE JRN-PG ACTION
02/03/93 214 (H) READ THE FIRST TIME/REFERRAL(S)
02/03/93 214 (H) TRANSPORTATION, FINANCE
02/25/93 (H) TRA AT 05:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 93-7, SIDE A
Number 015
CHAIR FOSTER called the meeting to order at 5:10 p.m. He
noted that the first bill on the agenda, HB 61, was on
teleconference and requested the sponsor to give the
committee a quick brief on his legislation.
HB 61: LOWER ALCOHOL LIMIT TO 0.08 FOR OMVI'S
REPRESENTATIVE JIM NORDLUND, PRIME SPONSOR OF HB 61, began
his testimony by stating that HB 61 reduces the legal
definition of intoxication for DWI from .10 percent to .08
percent. He explained that although the reduction appeared
minor, it would improve highway safety. He said there are
five other states that currently use .08 percent in their
laws. Studies in California indicated traffic fatalities
have been reduced due to implementation of the .08 percent
law.
Number 037
JAY FRANK, LOBBYIST FOR STATE FARM AND ALLSTATE INSURANCE
COMPANIES, testified in favor of HB 61. He felt the purpose
of the bill was to prevent loss of lives due to alcohol
impairment. He mentioned the findings in the legislation
which had to do with the presumptions being impaired as
opposed to being intoxicated.
Number 128
REPRESENTATIVE MULDER asked HOWARD BURGER, a witness for the
Alaska State Troopers, what the position of the Alaska State
Troopers on HB 61.
MR. BURGER replied that the department supports the
legislation, however, they suggested modifications. He said
that this bill would allow them to prosecute more
successfully the borderline DWI offenders. Most of the DWIs
arrested are above the .10 limit, but for those that are
close, they are routinely dismissed. This will allow them
to put a few more people in jail, force a few more drunks
off the road, and teach them a lesson.
REPRESENTATIVE MULDER asked Mr. Burger if he felt the state
was enforcing the current laws reflecting the .10 limit.
MR. BURGER stated that he felt it was adequate for the
number of staff they now employ.
Number 150
MIKE NEELY, PRESIDENT, ANCHORAGE RESTAURANT AND BEVERAGE
ASSOCIATION, and also speaking as a spokesman for the
statewide organization of the ALASKA CABARET, HOTEL,
RESTAURANT AND RETAILERS ASSOCIATION (CHARR), felt the bill
would intimidate responsible consumers of alcohol more than
the irresponsible. A majority of folks arrested are well
beyond the .10 limit level, they are at .15 and .17. These
abusers will continue to operate in an irresponsible manner,
according to Mr. Neely.
MR. NEELY also stated that it would be retroactively
enforced in that he did not feel people would be picked up
at .08 level of intoxication for DWI, they would have been
involved in an accident and testing would then be done. He
felt it would dilute the law enforcement efforts forcing
officers to spend time enforcing DWI offenses and other
criminal activities, including the arrest of heavy drinkers.
Number 188
REPRESENTATIVE NORDLUND commented on Mr. Neely's comments.
He stated this would pick up a marginal increase of
offenders. He felt there was no reason not to prosecute
those marginal folks.
Number 210
CAROL WILSON, EXECUTIVE DIRECTOR, CHARR (ALASKA CABARET,
HOTEL, RESTAURANT AND RETAILERS ASSOCIATION), expressed her
concerns that by far a large majority of offenders are well
over the .10 limit, forcing police to deal with even lower
levels. By lowering the level to .08 you are forcing
troopers and local police to cast their nets over an even
wider area than they already have to deal with. She felt
the state would be far better off to devote more resources
to the state troopers and the local police to enforce the
.10 that is currently on the books, and to really do
something to people who are stopped as repeat offenders.
She mentioned legislation introduced by Representative
Mulder that does have penalties for repeat offenders and
said that is the sort of thing their organization believes
should get passed.
REPRESENTATIVE NORDLUND said he wasn't sure they would be
casting an even wider net; if there would be any impact at
all it would be on the prosecution side.
Number 259
KAREY SMITH testified that she had been hit by a drunk
driver and didn't see where it would hurt anyone by lowering
level. Prevention and safety is what is most important.
Number 283
NEILL RAYMOND, representing the NATIONAL HIGHWAY SAFETY
ADMINISTRATION, testified that they were in support of the
.08 limit. He said a person begins to become impaired at
.04 and, although a person feels okay, essential driving
abilities become affected. Commercial drivers can be
convicted at .04 limit, so it is there for a reason. Five
states currently have .08 and have had dramatic crash
reduction due to the .08 limit. Specifically, in
California, fatalities have been reduced by 12 percent since
the .08 limit was introduced in January 1990. He felt that
the .08 limit would instill fear into the drunk drivers and
prevent more from attempting to drive.
KEITH PERRIN, PRESIDENT, PUBLIC SAFETY EMPLOYEES
ASSOCIATION, commented that they strongly endorse HB 61. He
felt there was little doubt that .08 individuals are
extremely dangerous on the highway. As a certified
instructor in the apprehension of DWI drivers, he pointed
out a couple facts: individuals become impaired as low as
.03 when reactions start to slow down. At .05 they start
taking risks, and at .08 everybody's vision is impaired. An
individual driving sober down the road may be able to see
the hazard and react in a certain amount of time. A person
at .08 cannot see the hazard as well as a sober person and
he may be taking a risk in driving faster, which he wouldn't
under normal conditions, and reactions are extremely slow.
These variables together add considerable risk and these
people should be removed from the highways.
Number 423
RICK URION, LOBBYIST, ALASKA WINE AND SPIRITS WHOLESALERS
ASSOCIATION, stated his industry did not condone drinking
while under the influence of alcohol or the abuse of
alcohol. Over the years they have supported laws which
increase penalties for DWI, supported laws which increased
the drinking age from 19 to 21, supported laws for bars to
place signs in bars which describe possible hazards of
drinking alcohol, support local option laws which allow
communities to vote to be wet or dry, and they will support
any law that will reasonably help curb the abuse of alcohol.
He did not feel HB 61 would help curb the abuse of alcohol.
He commented that some may be surprised that their industry
would feel that way.
MR. URION read from an article written by Ms. Candy
Lightner, founder of Mothers Against Drunk Driving (MADD).
In her article, she mentioned that society no longer
considers impaired driving socially acceptable. In relation
to the .08, the legislation ignores the real core of the
problem, individuals who, despite new laws and change in
attitude, continue to drink and drive. She didn't feel
lowering the blood alcohol content would make a difference
to offenders.
Number 502
LENNIE GORSUCH, LOBBYIST, MILLER BREWING COMPANY, said they
would align themselves with those who have indicated that
what should be addressed is not the marginal drivers out
there who are between the .08 and the .10, but those that
require the focus of attention are the .10 and higher.
Enforcement should be concentrated on and increasing the
severity of penalties. There is currently legislation which
will do that. Public awareness should be increased in the
penalties that do exist and there should be a certainty of
arrest. They should know they will be caught, arrested, and
prosecuted and that would go a long way toward making
highways more safe rather than going after this small group
of marginal people.
Number 544
CHAIR FOSTER stated that HB 61 would be held in committee
for further consideration; specifically, he would like to
give a few more people who called his office from his
district the chance to testify by teleconference in the
future.
HB 117: NAME MANVIL H. OLSON BRIDGE (SCHROCK RD.)
Number 568
CHAIR FOSTER brought up the next item on the agenda, HB 117.
After members studied their packets, he requested a motion
to move the bill from committee with individual
recommendations.
Number 568
REPRESENTATIVE MACKIE moved the bill out with individual
recommendations. Hearing no objections, HB 117 moved from
the House Transportation Committee.
Number 588
CHAIR FOSTER ADJOURNED the meeting at 5:55 p.m.
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