Legislature(2001 - 2002)
05/03/2002 04:23 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
May 03, 2002
4:23 PM
TAPES
SFC-02 # 87, Side A
CALL TO ORDER
Co-Chair Pete Kelly convened the meeting at approximately 4:23 PM.
PRESENT
Senator Dave Donley, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Jerry Ward, Vice Chair
Senator Loren Leman
Senator Lyda Green
Senator Alan Austerman
Senator Lyman Hoffman
Also Attending: ANNE CARPENETI, Assistant Attorney General, Legal
Services Section-Juneau, Criminal Division, Department of Law
Attending via Teleconference:
There were no teleconference participants.
SUMMARY INFORMATION
HB 4-MOTOR VEHICLES & DRUNK DRIVING
The Committee heard from the Department of Law, adopted a committee
substitute, and reported the bill from Committee.
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 fifth hearing for this bill in the Senate Finance
Committee.
Co-Chair Kelly informed the Committee that although Amendment #18
was adopted during the April 25, 2002 meeting, it has been removed
from the proposed committee substitute Version "N" currently before
the Committee as the amendment created "some problems."
ANNE CARPENETI, Assistant Attorney General, Legal Services Section-
Juneau, Criminal Division, Department of Law, stated Amendment #18
would create an ambiguity in State law. She explained that the
addition of subsection (s) to Section 33 of the bill would
"inadvertently eliminate" felony Driving While Intoxicated (DWI)
charges based on blood or breath alcohol content because the
convictions specified in subsection (s) are not included in the
felony conviction provisions in subsection (n) of the bill. She
elaborated that this amendment would change the third offense of
driving with a 0.04 percent or more by weight of alcohol in the
person's blood to a misdemeanor instead of a felony, as intended.
She exampled that a person apprehended for driving with a 0.20
alcohol content could only be charged with a felony offense through
subsection (a) as specified in State Statute AS.28.35.030. She
continued that a court would find for the defendant in a case of
ambiguity interpretation.
Co-Chair Donley moved for adoption "of the 'N' version of House
Bill 4" as a working draft.
There being no objections, SCS CS HB 4, 22-LS0046\N was ADOPTED as
a working draft.
Co-Chair Donley offered a motion to report "the Senate CS for CS
for House Bill 4, the 'N' version, the new Finance Committee
substitute, from Committee with individual recommendations" and
forthcoming fiscal notes.
Co-Chair Kelly clarified the motion as a motion to "move House Bill
4, Finance, with individual recommendations and forthcoming fiscal
notes with the exception of the Department of Law." He stated the
Department of Law fiscal note "would be replaced with a Senate
Finance note dated May 3, 2002."
Co-Chair Donley stated, "so moved."
There being no objections, SCS for CS for HB 4 (FIN), 22-LS0046\N
was MOVED from Committee with new fiscal notes from the Department
of Law dated 5/03/02 for $138,000; Division of Motor Vehicles,
Department of Administration dated 5/07/02 for $59,400; the Legal
Division, Department of Administration dated 5/06/02 for $135,600;
the Department of Public Safety dated 5/07/02 for $105,500; the
Department of Corrections dated 5/06/02 for $100,000; and new zero
fiscal notes from the Department of Health and Social Services
dated 4/02/02 and the Court System dated 4/15/02.
ADJOURNMENT
Co-Chair Pete Kelly adjourned the meeting at 04:29 PM
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