Legislature(2001 - 2002)

04/09/2002 09:47 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          April 09, 2002                                                                                      
                              9:47 AM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-02 # 51, Side A                                                                                                             
SFC 02 # 51, Side B                                                                                                             
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Pete  Kelly convened the meeting at approximately  9:47 AM.                                                            
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Dave Donley, Co-Chair                                                                                                   
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Jerry Ward, Vice Chair                                                                                                  
Senator Loren Leman                                                                                                             
Senator Lyda Green                                                                                                              
Senator Gary Wilken                                                                                                             
Senator Alan Austerman                                                                                                          
Senator Donald Olson                                                                                                            
                                                                                                                                
Also Attending:  REPRESENTATIVE NORM  ROKEBERG; JANET SEITZ,  Staff,                                                          
Representative  Norm Rokeberg;  ANNE CARPENETI,  Criminal  Division,                                                            
Department of Law                                                                                                               
                                                                                                                                
Attending via  Teleconference: From  Mat Su: JACKIE SWAYNE;  Offnet:                                                          
LIEUTENANT JULIA GRIMES,  Department of Public Safety; Offnet: LINDA                                                            
WILSON,  Deputy  Director,  Public Defender  Agency,  Department  of                                                            
Administration;  From  Anchorage:  MARTI GREESON,  Mother's  Against                                                            
Drunk Driving;  JAMES WANAMAKER,  Judge,  Anchorage Wellness  Court;                                                            
BOB   BAILEY,  Co-Chair,   Mayor   of  Anchorage's   Driving   While                                                            
Intoxicated  Task Force;  RICHARD PAYNE,  Attorney, Civil  Division,                                                            
Municipality  of Anchorage;  MARY MARSHBURN,  Director, Division  of                                                            
Motor Vehicles,  Department of Administration;  BRUCE ROBERTS,  City                                                            
Prosecutor,  Municipality of Anchorage;  JANET MCCABE, Partners  for                                                            
Progress                                                                                                                        
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
HB 4-MOTOR VEHICLES & DRUNK DRIVING                                                                                             
                                                                                                                                
The  Committee heard  from  the bill's  sponsor,  the Department  of                                                            
Public  Safety,  the  Department  of  Law,  and  the  Department  of                                                            
Administration  and took  public testimony.  A committee  substitute                                                            
was adopted, and the bill was held in Committee.                                                                                
                                                                                                                                
[Note: There is  a loud buzz on this recording tape  and portions of                                                            
the tape are difficult to hear.]                                                                                                
                                                                                                                                
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 4(JUD)                                                                                 
     "An Act relating to motor vehicles and to operating a motor                                                                
     vehicle, aircraft, or watercraft; and providing for an                                                                     
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Donley  offered a motion to adopt SCS CS  HB 4, 22-LS0046\M                                                            
as a working draft.                                                                                                             
                                                                                                                                
There being no objection,  the committee substitute was ADOPTED as a                                                            
working draft.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  NORM ROKEBERG,  the sponsor  of the bill,  explained                                                            
that the previous  version of the  bill resulted in fiscal  notes of                                                            
approximately  $4  million.  He stated  Version  "M"  reduces  costs                                                            
associated  with  the bill,  and  he explained  the  fiscal  savings                                                            
resulting  from  incorporating  such  changes  as  making  treatment                                                            
programs  voluntary   instead  of   mandatory  while  incarcerated;                                                             
deleting  language   pertaining  to  registration  plate   seizures;                                                            
eliminating   all  increases   in  minimum   sentences  except   for                                                            
manslaughter; and eliminating  all mandatory forfeiture language for                                                            
misdemeanors but retaining mandatory forfeiture for felonies.                                                                   
                                                                                                                                
Representative  Rokeberg voiced  his desire  to retain the  language                                                            
regarding  confiscation  and forfeiture  of  vehicles  upon a  third                                                            
Driving While  Intoxicated (DWI) misdemeanor, which  is considered a                                                            
felony if it occurs within  a specified number of years of the first                                                            
two offenses.  He noted that the Municipality  of Anchorage  and the                                                            
City of Fairbanks have  forfeiture provisions and commented that the                                                            
Municipality  of Anchorage confiscated  12 vehicles the prior  year.                                                            
                                                                                                                                
Representative  Rokeberg   stated  the  bill  continues  to  include                                                            
language regarding  increased fines for DWI offenses  and refusal to                                                            
be administered  a drug  test; specifies  that municipalities  could                                                            
adopt more  stringent standards than  the State for the impoundment                                                             
or forfeiture  of motor vehicles involved  in DWI offenses;  changes                                                            
the name  of the  offense from  Driving While  Intoxicated (DWI)  to                                                            
Driving Under  the Influence (DUI); adds inhalants  to the offenses;                                                            
increases  fees for reinstating  a license  after a DUI conviction;                                                             
allows  Courts the  ability  to levy  fines and  consider  jail-term                                                            
reductions  for such  things as  completion of  a therapeutic  court                                                            
program or  court ordered treatment  program; and clarifies  certain                                                            
areas of the  law regarding the house  arrest/electronic  monitoring                                                            
program.                                                                                                                        
                                                                                                                                
Representative  Rokeberg shared with the Committee  that in order to                                                            
keep  this  bill  moving  through  the  legislative   process,  some                                                            
expensive components  of the bill were removed. Overall,  he stated,                                                            
when the increased  revenue resulting  from the new fines  structure                                                            
is factored  in, Version "M" should  not generate a net expense  and                                                            
might generate revenue.                                                                                                         
                                                                                                                                
Senator Green, referencing  the sponsor's letter dated April 8, 2002                                                            
[copy  on  file],   asked  for  further  explanation   of  the  term                                                            
"refusal."                                                                                                                      
                                                                                                                                
Representative  Rokeberg explained that the term "refusal"  pertains                                                            
to a person's refusal to consent to a chemical sobriety test.                                                                   
                                                                                                                                
Co-Chair  Donley inquired  if the "reduced  penalty" program,  which                                                            
allows the  Court System  the ability to lower  fines and jail  time                                                            
for those individuals who  have successfully completed a therapeutic                                                            
court program  or court ordered treatment  program, is available  to                                                            
repeat offenders.                                                                                                               
                                                                                                                                
Representative Rokeberg responded it is.                                                                                        
                                                                                                                                
Co-Chair Donley  asked if there is a limit to the  number of times a                                                            
repeat  offender could  get a reduction  in fines  or jail-time  for                                                            
participating in these programs.                                                                                                
                                                                                                                                
Representative  Rokeberg responded  there is "no statutory  barrier"                                                            
to the number  of times a judge could direct a person  with multiple                                                            
DUI offenses  to enroll in  a treatment program.  He noted  the idea                                                            
being that even  an individual who has attended a  treatment program                                                            
previously   could  further  benefit   from  participating   in  and                                                            
successfully completing the program.                                                                                            
                                                                                                                                
Co-Chair  Donley contended  that a  "successful  completion" of  the                                                            
program is  garnered by simply attending  classes; it does  not mean                                                            
the person has overcome the problem.                                                                                            
                                                                                                                                
Representative  Rokeberg  concurred  and  stated  the  current  bill                                                            
provides  for up to a 75  percent penalty  reduction for  successful                                                            
completion  of the  program;  however, he  would not  be opposed  to                                                            
lowering the maximum penalty reduction to 50 percent.                                                                           
                                                                                                                                
Senator  Hoffman,  referring   to  the mandatory   revocation  of  a                                                            
vehicle's registration  or confiscation, inquired  as to what occurs                                                            
when a vehicle is registered in both a husband and wife's name.                                                                 
                                                                                                                                
JANET SEITZ,  Staff to  Representative Norm  Rokeberg, directed  the                                                            
Committee  to the  Remission of  Forfeitures provision  on page  33,                                                            
Section 51,  of the committee substitute,  which requires  the State                                                            
to  provide to  every person  who  has an  ownership  interest or  a                                                            
security  interest in a vehicle  the right  to intervene to  protect                                                            
their interest.  She explained that  the procedure would  entail the                                                            
non-offending  person to attend a hearing, establish  their interest                                                            
in the vehicle,  and verify  they were not  a party to the  offense.                                                            
She explained that the  Court could then either order the vehicle to                                                            
be  released  to that  person  or  order  an amount  equal  to  that                                                            
person's interest in the vehicle be paid.                                                                                       
                                                                                                                                
Senator  Hoffman  inquired  how the  process  would unfold  if  this                                                            
involves the family's only vehicle.                                                                                             
                                                                                                                                
Ms. Seitz  stated the person  could approach  the Court and  ask for                                                            
the vehicle to be released.                                                                                                     
                                                                                                                                
Senator Hoffman  commented this process might take  up to two weeks.                                                            
                                                                                                                                
Ms. Seitz stated  the purpose of this  provision is to separate  the                                                            
offender from the vehicle.                                                                                                      
                                                                                                                                
Senator Olson  asked if this bill has any effect on  snowmachines or                                                            
four-wheelers,  which are modes of  transportation in Rural  Alaska.                                                            
                                                                                                                                
Representative Rokeberg  stated the bill's provisions would apply to                                                            
these machines.                                                                                                                 
                                                                                                                                
Senator Olson surmised these machines could be confiscated.                                                                     
                                                                                                                                
Representative  Rokeberg clarified they could be,  but only upon the                                                            
third DWI offense.                                                                                                              
                                                                                                                                
Senator Olson  asked for further explanation  of a limited  driver's                                                            
license.                                                                                                                        
                                                                                                                                
Representative  Rokeberg  replied that  a limited  driver's  license                                                            
could be issued  to an individual  whose lack of a driver's  license                                                            
would affect their ability to work.                                                                                             
                                                                                                                                
Senator Olson  asked for further information  about driving  without                                                            
vehicle liability insurance.                                                                                                    
                                                                                                                                
Representative   Rokeberg   explained   this  bill   would   require                                                            
individuals  to  present  proof  of  insurance  when  registering  a                                                            
vehicle. He noted that  existing State law mandates vehicles to have                                                            
liability insurance;  however there  is no enforcement procedure  in                                                            
place.  He  continued   that  the  option  of  mandating   insurance                                                            
companies  to notify the  State when vehicle  coverage is  cancelled                                                            
would  result  in a  Department  of  Public Safety  fiscal  note  of                                                            
approximately  $2  million  due to  the need  to  maintain  computer                                                            
systems,  store  the  insurance  information,  and  coordinate  with                                                            
insurance   companies.  He   stated,  due   to  the  expense,   this                                                            
requirement is  not included in the bill; however,  if the Committee                                                            
wished  to include  a fiscal  note to  cover the  expense of  having                                                            
insurance companies  notify the State  when a vehicle's coverage  is                                                            
cancelled, he would be supportive of it.                                                                                        
                                                                                                                                
Senator Olson stated some  vehicles, particularly off-road vehicles,                                                            
utilized  in remote areas  of the State with  limited road  systems,                                                            
are not often registered.                                                                                                       
                                                                                                                                
Representative  Rokeberg  stated there  is a provision  in the  bill                                                            
supporting  local government  control  of certain  regulations,  but                                                            
that vehicles used on "roads in the State" should be registered.                                                                
                                                                                                                                
Senator Olson  reminded the Committee  that not all roads  are State                                                            
roads.                                                                                                                          
                                                                                                                                
Representative Rokeberg concurred.                                                                                              
                                                                                                                                
Senator  Ward  asked  Representative  Rokeberg  to  further  explain                                                            
Section 31, subsection (4) on page 20.                                                                                          
                                                                                                                                
Representative   Rokeberg  stated  this  section   would  allow  for                                                            
electronic monitoring as a condition of the sentencing.                                                                         
                                                                                                                                
Senator  Ward clarified  that  this language  would  not affect  the                                                            
mandatory  sentencing time  for multiple offenders,  and "the  jail-                                                            
time would remain in place."                                                                                                    
                                                                                                                                
Representative Rokeberg concurred.                                                                                              
                                                                                                                                
JACKIE  SWAYNE testified  via teleconference  from  Mat-Su to  voice                                                            
support  of  this   bill.  She  reminded  the  Committee   that  the                                                            
Legislature  appropriated  money in  1989  and 1990  that was  never                                                            
expended, for  the purchase of ignition  electronic locking  devices                                                            
for vehicles.  She stated these devices would, "in  effect," prevent                                                            
a drunk  driver from  driving by not  allowing a  car to start.  She                                                            
informed  the  Committee  these  devices  have  been  documented  as                                                            
effective, and  cost as low as $500 per unit. She  also informed the                                                            
Committee  that  on the  average,  an alcoholic  would  drive  drunk                                                            
between 200 and two thousand  times before receiving their first DUI                                                            
conviction. She stressed  that "taking away their license" would not                                                            
prevent  an  alcoholic  from  drinking  and  driving,  and  national                                                            
statistics indicate  that incarceration is also not  a deterrent nor                                                            
does it  seem to be rehabilitative.  She  stated that the  interlock                                                            
device  would prevent  an  alcoholic from  starting  their car,  and                                                            
there  is currently  legislation  being  considered  at the  federal                                                            
level  that would  require  states  to use  the  ignition  interlock                                                            
systems.  She commented  that Alaska's  prison  population  includes                                                            
hundreds  of  inmates  who  are  incarcerated   on  alcohol  related                                                            
charges.  She reiterated  that  the use  of the  ignition  interlock                                                            
devices  would  assist  in  reducing  the  number  of  repeat  drunk                                                            
drivers.                                                                                                                        
                                                                                                                                
LIEUTENANT  JULIA GRIMES,  Department  of Public  Safety,  testified                                                            
offnet  to voice  that  the  Department of  Public  Safety  supports                                                            
Version "M" of the bill.                                                                                                        
                                                                                                                                
Senator Ward asked what  is the legal limit for impairment in Alaska                                                            
for aircraft and commercial vehicle operators.                                                                                  
                                                                                                                                
Lieutenant  Grimes  stated  that the  legal  intoxicated  level  for                                                            
regular drivers is 0.08  blood alcohol content level (BAC) or higher                                                            
and it is 0.04 or higher for commercial vehicle drivers.                                                                        
                                                                                                                                
Senator Ward asked why  the limit for commercial vehicles and pilots                                                            
is lower than the 0.08 BAC limit for regular drivers.                                                                           
                                                                                                                                
Lieutenant  Grimes speculated they  are "held to higher standards."                                                             
                                                                                                                                
Co-Chair  Kelly stated commercial  drivers'  BAC levels comply  with                                                            
federal  standards and  added that  aircraft  pilots cannot  consume                                                            
alcohol within twenty-four hours of flying.                                                                                     
                                                                                                                                
Lieutenant Grimes clarified  that recent changes specify that pilots                                                            
cannot fly within eight hours of consuming alcohol.                                                                             
                                                                                                                                
Senator Ward  declared "this is one  of the flaws in the  bill," for                                                            
the 0.08 level  allows people multitude  opportunities to  drink and                                                            
drive,  whereas  commercial  drivers  and pilots  would  lose  their                                                            
license  after their  first  offense. He  contended  the 0.04  level                                                            
could be reached  before consumption  of an entire drink.  He stated                                                            
that after  the first  offense, the  State still  allows drivers  to                                                            
have  "that  second drink."  He  voiced  that  the ignition-locking                                                             
device  on cars  would  assist  in preventing  repeat  drivers  from                                                            
having the  opportunity to drink and  drive again. He stressed  that                                                            
the State should  hold repeat drunk  drivers to the 0.04  BAC level,                                                            
and  if the  State is  attempting  to reduce  the  number of  repeat                                                            
offenders, this lower level  for repeat offenders should be included                                                            
in this bill.                                                                                                                   
                                                                                                                                
Representative   Rokeberg   reminded  the   Committee  the   State's                                                            
tolerance limit was recently  lowered to 0.08 from the previous 0.10                                                            
BAC level, and  there is also a recently enacted chargeable  offense                                                            
impairment  statute under  which a  0.04 BAC level  could apply.  He                                                            
noted that  a toximeter test administered  at the police  station is                                                            
usually routine to double  check a BAC level; however, it is rare to                                                            
have anybody  charged and  convicted under  the current statute.  He                                                            
acknowledged  the validity  of Senator Ward's  comments, but  stated                                                            
that current statutes could address them.                                                                                       
                                                                                                                                
Senator Ward informed  the Committee that the therapeutic  treatment                                                            
programs  clearly   inform  their   enrollees  that  if   they  were                                                            
apprehended  a second  time for driving  with a  0.08 or higher  BAC                                                            
level,  they would  be  convicted of  a DUI.  He stressed  that  the                                                            
Legislature should mandate  the programs to specify that if a person                                                            
has one drink  and registers a 0.04  level; they would be  convicted                                                            
of  a second  DUI and  would  spend  20 days  in jail.  He  insisted                                                            
therein lies  the problem, as the  0.08 BAC level authorizes  people                                                            
to have  one drink;  however,  an alcoholic  cannot  "have just  one                                                            
drink." He  reiterated that  the 0.04 BAC  level would deter  people                                                            
from having that second drink.                                                                                                  
                                                                                                                                
Senator  Hoffman,  referencing  the Department  of  Public  Safety's                                                            
fiscal note,  stated its  analysis specifies  that arrangements  for                                                            
vehicle  storage is  not included  in the fiscal  note; however,  it                                                            
appears  to be  included  in  the note  as  money is  earmarked  for                                                            
storage under  both the second and third offense.  He asked what the                                                            
amounts specified cover.                                                                                                        
                                                                                                                                
Lieutenant Grimes responded  the costs are for security of currently                                                            
stored  vehicles,  and  noted that  long-term  storage  costs  would                                                            
change the note.                                                                                                                
                                                                                                                                
Senator  Hoffman  asked if  vehicle  storage  is only  available  in                                                            
Anchorage, Palmer and Fairbanks.                                                                                                
                                                                                                                                
Lieutenant Grimes responded  that is correct and vehicles would need                                                            
to be  transported from  rural areas  to these  three facilities  to                                                            
assure they are stored in a safe place.                                                                                         
                                                                                                                                
Senator Hoffman  asked if vehicles  confiscated in Nome,  Barrow and                                                            
other remote  areas would  need to  be flown to  one of these  three                                                            
storage areas.                                                                                                                  
                                                                                                                                
Lieutenant Grimes responded  that is correct, as storage areas could                                                            
not be secured in those  areas. She stated that transportation costs                                                            
are reflected in the fiscal note.                                                                                               
                                                                                                                                
Co-Chair  Donley,   noting  Lieutenant   Grimes'  remark   that  the                                                            
Department  of  Public Safety  supports  Version  "M"  of the  bill,                                                            
inquired  as to the  Department's  view on permitting  repeat  drunk                                                            
driving offenders a 75  percent reduction in jail-time sentencing if                                                            
they successfully  complete  a court ordered  treatment program.  He                                                            
communicated his understanding  of the bill's current language to be                                                            
that  even fifth  time offenders  could  still qualify  for  reduced                                                            
sentencing  if  they   successfully  participated   in  a  treatment                                                            
program.                                                                                                                        
                                                                                                                                
Ms. Seitz specified  that the language would allow  the Court System                                                            
to reduce the sentence  by up to 75 percent of the minimum mandatory                                                            
time.                                                                                                                           
                                                                                                                                
Co-Chair Donley stated  this could mean the Court could specify that                                                            
a person receive no jail time.                                                                                                  
                                                                                                                                
Ms. Seitz  responded  that if a  person successfully  completes  the                                                            
Court  ordered  treatment  program,  "and  the  Judge  felt  it  was                                                            
warranted, then  yes." She continued that the program  could take as                                                            
long as 18 months to complete,  and that the offender is extensively                                                            
monitored  while  participating  in the  program,  including:  house                                                            
arrest, electronic  monitoring, and a strict schedule  of their time                                                            
when not at the treatment program.                                                                                              
                                                                                                                                
Co-Chair Donley  asked if the Department  of Public Safety  supports                                                            
the sentencing reduction.                                                                                                       
                                                                                                                                
Lieutenant  Grimes responded,  "it has not  been shown that  keeping                                                            
someone in jail  for a particularly long time is going  to keep them                                                            
from getting into a vehicle,  any vehicle, and driving drunk because                                                            
of the fact, that the bottom  line is that they are an alcoholic and                                                            
they  will  steal  a vehicle,  they  will  borrow  a  vehicle."  She                                                            
referenced Ms.  Swayne's comments that extensive jail  time does not                                                            
make a  huge difference  in that  behavior. She  stated a  treatment                                                            
program could be successful.                                                                                                    
                                                                                                                                
Co-Chair Donley clarified  Lieutenant Grimes' comments as indicating                                                            
support of the possibility of no jail time for repeat offenders.                                                                
                                                                                                                                
Lieutenant  Grimes  replied  she would  like  to review  the  bill's                                                            
language before commenting further.                                                                                             
                                                                                                                                
Co-Chair Kelly  requested Lieutenant Grimes submit  the Department's                                                            
position on Co-Chair Donley's question.                                                                                         
                                                                                                                                
MARTI GREESON,  representing Mother's  Against Drunk Driving  (MADD)                                                            
testified  via teleconference   from Anchorage  to  voice that  MADD                                                            
supports HB 4 and understands  the changes the bill has experienced.                                                            
                                                                                                                                
                                                                                                                                
SFC 02 # 51, Side B 10:35 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Ms.  Greeson   noted  offenders  participating   in  court   ordered                                                            
therapeutic treatment  programs are closely monitored,  are required                                                            
to comply with many set  standards including where they are employed                                                            
and  who they  could  associate with,  and  have to  notify  program                                                            
administrators  of their whereabouts. She stressed  these provisions                                                            
result in tight  controls of individuals  enrolled in the  programs.                                                            
She noted that  MADD supports the flexibility of "actual"  jail time                                                            
for individuals who have  successfully complied with a court ordered                                                            
treatment  program. She informed  the Committee  that Alaska  ranked                                                            
number  one  in the  nation  in the  percentage  of  traffic  deaths                                                            
resulting from  drunk driving in 2001.  She stated there  is current                                                            
legislation being considered  by the Legislature that would place an                                                            
additional tax  on the sale of alcoholic beverages.  She opined that                                                            
this could be an avenue  through which to bring in needed revenue to                                                            
the State.                                                                                                                      
                                                                                                                                
AT EASE 10:37 AM / 10:39 AM                                                                                                     
                                                                                                                                
Co-Chair  Donley asked  if MADD  agrees  "there should  be a  cutoff                                                            
point"  as  to  the   number  of  times  a  repeat  offender   could                                                            
participate  in a court  ordered treatment  program that would  make                                                            
them eligible for lesser jail time.                                                                                             
                                                                                                                                
Ms. Greeson replied  yes, if a person has completed  a court ordered                                                            
treatment program it should  "not be a consideration in the future."                                                            
                                                                                                                                
Co-Chair Donley  asked if MADD agrees there should  be a limit as to                                                            
how many times an offender participates in the program.                                                                         
                                                                                                                                
Ms. Greeson  stated that if someone  has a history of drunk  driving                                                            
with  no interventions,   there "should  be  that  availability  for                                                            
consideration for intervention."                                                                                                
                                                                                                                                
Co-Chair Donley concluded  from Ms. Greeson's remarks that MADD does                                                            
not  agree "there  should  be a cutoff"  on  the number  of times  a                                                            
person could participate in the treatment programs.                                                                             
                                                                                                                                
Co-Chair Kelly stated that  if Ms. Greeson wished to comment further                                                            
to Co-Chair  Donley's  question, she  could contact  his office.  He                                                            
asked for confirmation that she is speaking on behalf of MADD.                                                                  
                                                                                                                                
Ms. Greeson expressed she is speaking on behalf of MADD.                                                                        
                                                                                                                                
LINDA WILSON,  Deputy Director, Public  Defender Agency,  Department                                                            
of Administration  testified  offnet  to voice  appreciation to  the                                                            
sponsor and his staff for  allowing the Agency to participate in the                                                            
drafting  of  this  bill. She  noted  this  cooperative  effort  has                                                            
allowed  the  Agency  to  gather  information   "both  formally  and                                                            
informally" in the process.                                                                                                     
                                                                                                                                
Ms. Wilson  stressed the  Agency recognizes  that driving under  the                                                            
influence  is a  serious  problem  in the  State. She  informed  the                                                            
Committee that this Legislature  has "made the most sweeping changes                                                            
to Alaska's  drunk driving  laws in  many years."  She stated  these                                                            
changes, which include  "the lowering of blood alcohol content level                                                            
to 0.08,  the lengthening  of the  look-back  provisions for  felony                                                            
DWI's, and  well as the removal of  the 10-year limitation  on prior                                                            
convictions  have greatly expanded  the reach  of State laws  on not                                                            
only repeat  drunk driving, but first  time drunk driving  as well."                                                            
                                                                                                                                
Ms. Wilson  remarked  that the  expansion of  the authorization  for                                                            
search warrants for blood  to be obtained in drunk driving cases was                                                            
important;  however, "most  importantly" the  Legislature created  a                                                            
new Therapeutic  Court pilot project in conjunction"  with the other                                                            
drunk driving legislation.  She voiced appreciation on behalf of the                                                            
Public  Defenders   Agency  for  the   support  Therapeutic   Courts                                                            
received,   and  stated  that  with   sufficient  resources,   these                                                            
Therapeutic  Courts  would  "have  a  positive  impact  in  reducing                                                            
recidivism and will make Alaska a safer place to live."                                                                         
                                                                                                                                
Ms. Wilson  reminded  the Committee  these Therapeutic  Courts  were                                                            
new,  some established  within  the  prior  six months  and  results                                                            
cannot yet  be determined. She urged  the Committee to not  increase                                                            
penalties or jail-time  without first giving the Therapeutic  Courts                                                            
time to be  effective. She asserted  that the Therapeutic  Court and                                                            
the effects of  the new laws have not being allowed  sufficient time                                                            
to be  studied. She  stated these  new laws  do not  yet need  to be                                                            
supplemented  with the language in  this bill, as "it would  be best                                                            
to wait and see and more  closely assess the affects of the new laws                                                            
before enacting any additional related laws."                                                                                   
                                                                                                                                
Ms. Wilson  reiterated that increased  fines and jail-time  have not                                                            
proven  very  effective  historically   in  combating  drinking  and                                                            
driving, and urged  the Committee to give the recently  enacted laws                                                            
time to be effective.  She stated she would like to  make some brief                                                            
comments on Version "M."                                                                                                        
                                                                                                                                
Co-Chair Kelly,  for the sake of time, asked Ms. Wilson  to instead,                                                            
forward those comments in writing to the Committee.                                                                             
                                                                                                                                
Co-Chair Kelly requested  all testifiers to incorporate an answer in                                                            
their testimony  to Co-Chair  Donley's question  regarding  how many                                                            
times  a repeat  offender  could participate  in  a court  appointed                                                            
treatment  program  which  could  allow  for  an up  to  75  percent                                                            
reduction in jail-time.                                                                                                         
                                                                                                                                
JAMES WANAMAKER,  "a judge  who presides  over misdemeanor  wellness                                                            
courts,"  testified via  teleconference  from Anchorage  to  comment                                                            
that  an  earlier  version  of  this  bill  mandates  offenders  to:                                                            
participate  in a Wellness  Court, be  sober for  18 months,  and be                                                            
tightly  monitored  and  tested. He  stated  that,  additionally,  a                                                            
limited license could be  granted to these individuals so they could                                                            
get to work. He stressed  that this version of the bill includes new                                                            
language  that  would  allow  other  programs  to  be  approved  for                                                            
treatment  that  he  considers   not  as  effective.  He  urged  the                                                            
Committee to  consider "tightening  the bill back up to the  earlier                                                            
version."                                                                                                                       
                                                                                                                                
Mr. Wanamaker,  responding to Co-Chair Donley's question,  stated he                                                            
has seen people  in the treatment  program more than five  times who                                                            
have a "continuing  misadventure with alcohol." He  stated; however,                                                            
that  "once  they  get sober,  its  all  over.  Those  who  dedicate                                                            
themselves most strongly  to the program are those who are disgusted                                                            
with themselves." He stated  he would not take away the benefits for                                                            
those with repeated offenses  for once they succeed at sobriety, "we                                                            
won't see these people again."                                                                                                  
                                                                                                                                
BOB  BAILEY,  Co-Chair,   Anchorage  Mayor's  Task   Force  on  DWI,                                                            
testified  via teleconference  from Anchorage  to voice support  for                                                            
the provisions  in  this bill including  mandatory  forfeiture  of a                                                            
vehicle,  revocation of vehicle  registration,  and the ability  for                                                            
local governments to have  "more stringent regulations." He remarked                                                            
that the Task  Force strongly supports the Therapeutic  Court model.                                                            
He informed the  Committee that in the summer of the  year 2000, the                                                            
Task Force heard  hours of public testimony on the  issue of DWI and                                                            
found that "the  brightest hopes on the horizon for  this offense is                                                            
the Therapeutic  Court model." He  stated one of the most  important                                                            
aspects  of that  model  is  to offer  someone  the hope  that  upon                                                            
completion  of the program, and demonstrating  sobriety over  a long                                                            
and monitored  program,  "then the  Judge must have  the ability  to                                                            
shorten the sentence and reduce fines."                                                                                         
                                                                                                                                
Mr. Bailey stated  that although the Task Force did  not discuss Co-                                                            
Chair Donley's  question, he expressed  there should not  be a limit                                                            
placed  on the  number  of times  a person  could  participate in  a                                                            
treatment program  as the goal is  to bring an offender to  sobriety                                                            
and to not  offend again and  "if this is the  way to do it  then we                                                            
should  not remove  that incentive."  He stated  that removing  that                                                            
incentive  and just  putting people  in jail  for a  long period  of                                                            
time,  would result  in them re-offending  when  they were  released                                                            
from jail.                                                                                                                      
                                                                                                                                
Co-Chair  Donley  wished  to  clarify that  his  question  does  not                                                            
pertain to  someone who has  never participated  in the program  but                                                            
rather  to those  who are  repeat offenders.  He  noted that  repeat                                                            
offenders could avoid jail  time, under this bill, if they enroll in                                                            
a court approved therapy program.                                                                                               
                                                                                                                                
RICHARD PAYNE, Attorney,  Civil Division, Municipality of Anchorage,                                                            
testified via teleconference  from Anchorage that he is in charge of                                                            
the city's vehicles' forfeitures  and impoundment program. He stated                                                            
he  is available  as  a  resource  on how  to  manage this  type  of                                                            
program.                                                                                                                        
                                                                                                                                
MARY MARCHBURN, Director,  Division of Motor Vehicles, Department of                                                            
Administration, testified  via teleconference from Anchorage to echo                                                            
Ms. Wilson's  comments regarding the  bill. She additionally  voiced                                                            
her appreciation  to  the sponsor  and his staff  for drafting  this                                                            
bill and consulting with the Department.                                                                                        
                                                                                                                                
Ms. Marchburn  voiced concern with the language on  page 11, line 23                                                            
of the  bill, which  addresses  making a limited  license  available                                                            
upon  completion   of  a  Therapeutic   Court  program.   [Audio  is                                                            
indiscernible  on this segment of the tape]. She continued  that the                                                            
Therapeutic  Court is new and has  many merits, and agrees  with Ms.                                                            
Wilson  that  the results  of  the  program should  be  seen  before                                                            
multiple offenders are  allowed to drive again, particularly if they                                                            
had refused  to take a "breath test."  She finished by stating  this                                                            
provision in the bill needs to be rethought.                                                                                    
                                                                                                                                
BRUCE  ROBERTS,   City   Prosecutor,  Municipality   of   Anchorage,                                                            
testified via  teleconference from Anchorage to respond  to Co-Chair                                                            
Donley's question. He explained  to the Committee that, in practice,                                                            
in the Anchorage  Courts, it is common  to allow a portion  of fines                                                            
suspended  to give incentive  for offenders  to pay for the  cost of                                                            
the  treatment  program.  He  stressed  that  if  treatment  is  not                                                            
provided  in custody,  it  is prudent  to  provide an  incentive  to                                                            
people  so they  would  commit to  the treatment  on  their own.  He                                                            
disclosed  that currently  in the Anchorage  Therapeutic Court,  the                                                            
people  who attend  the  program  attend  without a  time  reduction                                                            
incentive;  however, they  may receive the  mandatory minimum  jail-                                                            
time. He noted  there is a waiting list to get into  these programs.                                                            
                                                                                                                                
JANET MCCABE,  Partners for Progress,  testified via teleconference                                                             
from  Anchorage   and  emphasized   that  an  absolutely   essential                                                            
provision is one allowing  judges the option to reduce sentences for                                                            
completion of the 18-month  Wellness Court program. She stressed the                                                            
need  for this  provision, and  declared  that to  some people,  the                                                            
desire to  be able to drive  could be just  as much an incentive  to                                                            
enroll in a treatment program as the desire to get sober.                                                                       
                                                                                                                                
Ms. McCabe  stated, in  answer to Co-Chair  Donley's question,  that                                                            
treatment  programs should  be available  to  repeat offenders.  She                                                            
also voiced  support of allowing  people who  graduate from  the 18-                                                            
month therapeutic  Wellness Court  to get a temporary license  as it                                                            
is a  powerful  incentive for  people to  complete  the program  and                                                            
assists  in  keeping  people  "heading   on  the  right  course"  as                                                            
constructive members of society.                                                                                                
                                                                                                                                
Senator Ward commented  that not all people who are  convicted for a                                                            
DWI are  alcoholics, but  he would  like to treat  them as such.  He                                                            
referenced  Mr. Roberts's comment  that after a person successfully                                                             
completes the  18-month Wellness Program,  they would remain  sober.                                                            
Senator Ward stated  that current law of 0.08 blood  alcohol content                                                            
level would allow those  individuals to have a drink and drive after                                                            
completion of the program,  and he supports this level being lowered                                                            
for  repeat  offenders  to 0.04  BAC.  He  asked  the logic  of  not                                                            
permitting  an individual in the treatment  program to have  a drink                                                            
for  18 months,  and  then,  as  soon  as they  have  completed  the                                                            
program, they would be able to consume alcohol and drive.                                                                       
                                                                                                                                
Mr. Roberts agreed  with Senator Ward, and stated  when he sentences                                                            
DWI offenders,  he not  only specifies  they enroll  in a  treatment                                                            
program,  but additionally  includes a provision  that that  person,                                                            
when on probation, cannot possess or consume alcohol.                                                                           
                                                                                                                                
Senator Ward maintained  that people who are convicted more than one                                                            
time of a DUI  are a problem and should  be treated as an  alcoholic                                                            
and qualify  for the 0.04 BAC level  policy that commercial  drivers                                                            
and pilots adhere to.                                                                                                           
                                                                                                                                
[Audio   recording   problems   made   Co-Chair   Kelly's   response                                                            
indiscernible.]                                                                                                                 
                                                                                                                                
ANNE  CARPENETI,  Assistant  Attorney  General,  Criminal  Division,                                                            
Department of  Law addressed the Department's concerns  with certain                                                            
components  of  bill  such  as  the  mandatory  vehicle   forfeiture                                                            
provision,  and the allowance  of limited  licenses for DWI  drivers                                                            
who have  refused  a breathalyzer  test  or have  been convicted  of                                                            
driving with  a suspended license.  She additionally voiced  concern                                                            
that  the Department  of  Motor  Vehicles  would  be able  to  issue                                                            
limited licenses,  as that Department  does not have full  access to                                                            
the criminal justice records that the Department of Law does.                                                                   
                                                                                                                                
Ms. Carpeniti,  referencing page 23 of Version "M,"  stated that the                                                            
language allowing for a  reduction in sentence if a person completes                                                            
a court ordered treatment  program should have the approved programs                                                            
defined, as the language  does not adopt standards for a therapeutic                                                            
program, nor  specify where the programs  are available.  She stated                                                            
that other than  these concerns, the bill has many  good components.                                                            
                                                                                                                                
Senator Ward inquired  if treating repeat DWI offenders  differently                                                            
than  other people  by  specifying  their BAC  legal  limit be  0.04                                                            
instead of 0.08 would be permissible under the Constitution.                                                                    
                                                                                                                                
Ms. Carpeneti stated she has not done any research on this.                                                                     
                                                                                                                                
Senator  Ward asked  Ms. Carpeneti  to  have the  Department of  Law                                                            
research  the  question  of  the  legality  of  requiring  a  repeat                                                            
offender to be subject to a 0.04 BAC standard.                                                                                  
                                                                                                                                
Ms.  Carpeneti stated  this  is a  serious  concern,  and she  would                                                            
investigate it.                                                                                                                 
                                                                                                                                
Senator Ward  stressed the  need to get the  message to people  that                                                            
they could not drink and drive.                                                                                                 
                                                                                                                                
Representative  Rokeberg commented that the 18-month  Wellness Court                                                            
Program is a very good  program, but it is difficult to get into. He                                                            
continued this  is the reason the  language in the bill is  expanded                                                            
to include other  court approved treatment programs.  He agreed that                                                            
there is a need to further define what those programs should be.                                                                
                                                                                                                                
Representative  Rokeberg stated he would work with  the Committee to                                                            
draft another  committee substitute that would address  defining the                                                            
treatment  programs  as well  as addressing  the  concerns with  the                                                            
limited driver's license.                                                                                                       
                                                                                                                                
Co-Chair Kelly  stated the new committee  substitute should  address                                                            
these concerns and others identified by Committee members.                                                                      
                                                                                                                                
Co-Chair  Donley, responding  to Senator  Ward's  concern about  the                                                            
0.04  BAC   limit,  explained  there   is  a  rational  basis   test                                                            
administered by the Court that involves equal protection under                                                                  
State Law which could justify this lower level.                                                                                 
                                                                                                                                
[There are audio quality problems at this segment of the tape.]                                                                 
                                                                                                                                
Senator Ward stated that "holding people accountable" for their                                                                 
actions would assist in overcoming the problem caused by repeat                                                                 
offenders. He complimented the role of the Therapeutic Court.                                                                   
                                                                                                                                
Co-Chair Kelly ordered the bill HELD in Committee.                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Pete Kelly adjourned the meeting at 11:20 AM.                                                                          

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