Legislature(1997 - 1998)
04/22/1997 09:15 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES{PRIVATE }
SENATE FINANCE COMMITTEE
22 April 1997
9:15 a.m.
TAPES
SFC-97, Tape 121, Sides A and B
CALL TO ORDER
Senator Bert Sharp, Co-chair, convened the meeting at
approximately 9:15 a.m.
PRESENT
In addition to Co-chair Sharp, Senators Pearce, Torgerson,
Phillips, Parnell, Donley, and Adams were present.
ALSO ATTENDING:
Representative Alan Austerman; Jeff Bush, Deputy Commissioner,
Department of Commerce and Economic Development; Krag Johnsen,
Staff, Senator Drue Pearce; Juanita Hensley, Chief of Driver
Services, Division Of Motor Vehicles, Department Of
Administration; Joe Ambrose, Staff, Senator Robin Taylor; Elmer
Lindstrom, Special Assistant to the Commissioner, Department of
Health and Social Services; Amy Skilbred, Alaska Civil Liberties
Union; Garrey Peska, Lobbyist, Alaska State Hospital/Nursing
Homes (ASHNHA); Benjamin Brown, Staff, Senator Tim Kelly; Rupe
Andrews, Alaska Association of Retired Persons; Nancy Weller,
Division of Medical Assistance, Department of Health and Social
Services; Don Dapcevich, Executive Director, Governor's Advisory
Board on Alcoholism and Drug Abuse; Loren Jones, Director,
Division of Alcoholism and Drug Abuse, Department of Health and
Social Services.
Tim Wilson, Executive Director, Alaska State
VIA TELECONFERENCE:
Council on the Arts.
SUMMARY INFORMATION
SB 17 CRIMINAL TRANSMISSION OF HIV
SB 17 was REPORTED out of committee with "no
recommendation" and three previously published fiscal
notes: ADM, LAW, and DPS.
SB 58 MINOR CONSUMING ALCOHOL: PENALTY
SB 58 was HEARD and HELD in committee for further
consideration.
SB 96 REGULATION OF HOSPICE CARE
CSSB 96 (FIN) was REPORTED out of committee with a "do
pass" recommendation and with a previously published
fiscal note from the Department of Health and Social
Services.
SB 149 HEALTH CARE FACILITY AUDITS & REPORTS
SB 149 was REPORTED out of committee with a "do pass"
recommendation and with a previously published zero
fiscal note by the Department of Health and Social
Services.
SB 153 SPECIALIZED LICENSE PLATES FOR ARTS
SB 153 was REPORTED out of committee with a "do pass"
recommendation and with fiscal note by the Department
of Administration.
SB 177 INTL TRADE AND BUSINESS ENDOWMENT
SB 177 was transmitted to the Senate Secretary's
Office.
CSHB 208 (L&C)
ALASKA AEROSPACE DEVELOPMENT CORP. BOARD
SCS CSHB 208 (FIN) was REPORTED out of committee with a
"do pass" recommendation and a zero fiscal note, House
Labor & Commerce Committee/Department of Commerce &
Economic Development, 4/9/97.
SENATE BILL NO. 177
"An Act relating to the international trade and business
endowment; and providing for an effective date."
Senator Pearce observed that the committee had reported out SB 177
contingent upon receipt of fiscal notes and letters from the
University of Alaska and the Department of Commerce and Economic
Development. She observed that the committee had received a
sponsor statement, a letter of support from the commissioner of
the Department of Commerce and Economic Development, and the
appropriate fiscal notes. There being no OBJECTION, it was so
ordered.
SB 177 was transferred to the Senate Secretary's Office.
CS for House Bill 208 (L&C)
"An Act relating to the board of directors of the Alaska
Aerospace Development Corporation."
REPRESENTATIVE ALAN AUSTERMAN, SPONSOR, spoke in support of CSHB
208 (L&C). He explained that when the Alaska Aerospace Development
Corporation (AADC) was initiated, board members were selected as a
scientific team to assure that aerospace development was feasible
in Alaska. He commended the work of the board and noted that a
number of businesses had started in Fairbanks to support the
infrastructure. He felt it was time to change the composition of
the board by taking off scientific people and adding business
people.
Representative Austerman provided the committee with a breakdown
of the proposed changes. He detailed that there were four members
from the University of Alaska on the current board; the
legislation would reduce the number to two. The number of
aerospace members would be increased by one commercial space
member. In addition, a business-sector state resident would be
added. He noted that the only other significant change in the bill
was a provision to change the chair of the board from the
president of the University of Alaska to choosing the chairman and
vice-chairman from the elected board.
Senator Adams observed that there would also be a change from two
to three out-of-state members.
Senator Pearce questioned whether the industry positions
(subsection 5) could be filled in-state. She expressed concern
with the change from two to three "outside" members and questioned
whether the sponsor would object to an amendment that would
prevent the three outside members on the board from being elected
chair or vice-chair of the board. Representative Austerman
responded that he would not have a problem with the proposed
amendment. He did not know whether the industry position could be
filled in-state; he opined that it could not at the time.
Senator Torgerson referred to the $100 per day reimbursement for
meeting expenses (Section 3) listed in the fiscal note. He
referred to historical costs and thought that a fiscal note should
reflect the costs. Representative Austerman explained that the
board met four times each year and that much of the work was done
by teleconference. The department felt that it could absorb the
increase in costs. The $10,000 fiscal note originally attached to
the bill was zeroed out because he believed they would not need to
bring people to the state.
Senator Pearce queried the position of the administration.
JEFF BUSH, DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCE AND
ECONOMIC DEVELOPMENT, spoke in support of the changes made in the
legislation. He referred to a letter that recommended further
changes, including decreasing membership from outside the state.
The administration felt that there should be two out-of-state
members with aerospace experience instead of three. He also
suggested that public representation be increased from one to two.
He observed interest by the community of Kodiak for local
representation and concluded that Alaskans could have an interest
in the board appointments. The department also recommended that
the one university member would be sufficient. He emphasized that
the recommendations were only suggestions for improvement, and
that in general the department approved of the provision.
Senator Pearce MOVED to ADOPT conceptual Amendment 1, which would
require the board chair and vice-chair to be Alaskan residents.
There being NO OBJECTION, conceptual Amendment 1 was adopted.
Senator Pearce MOVED to ADOPT conceptual Amendment 2:
Page 2, line 6:
Delete "three" and insert "two"
Page 1, line 8:
Delete "two" and insert "three"
Senator Pearce explained that there would then be three in-state
business members with Alaskan marketing experience and two members
with aerospace industry expertise. She observed that the executive
director of the aerospace program already had years of experience.
She argued for further Alaskan business connections.
Representative Austerman did not object to the amendment.
There being NO further OBJECTION, conceptual Amendment 2 was
adopted.
Senator Pearce MOVED to REPORT SCS CSHB 208 (FIN) out of committee
with individual recommendations and the accompanying fiscal note.
There being NO OBJECTION, it was so ordered.
SCS CSHB 208 (FIN) was REPORTED out of committee with a "do pass"
recommendation and a zero fiscal note, House Labor & Commerce
Committee/Department of Commerce and Economic Development,
4/9/97.
Senate Bill 153
"An Act relating to issuance of special license plates."
KRAG JOHNSEN, STAFF, SENATOR DRUE PEARCE, stated that the
legislation would create a special license plate to benefit the
Alaska Arts Council. He noted that the cost of the plate would be
$150.
TIM WILSON, EXECUTIVE DIRECTOR, ALASKA STATE COUNCIL ON THE ARTS
(via teleconference), supported the intent of SB 153 to provide
another revenue source for the council. He noted that the
council's budget had been cut 68 percent since FY 91. The budget
had reached its peak of $6 million in the early 1980s; the state
appropriation for the current fiscal year was $460,400.
Mr. Wilson stated concerns about the fee structure set out in the
provision. He referred to a similar license program in California
that had generated $650,000 to the California Arts Council since
1994. He pointed out that the amount was not significant in light
of California's arts budget and population. He emphasized that
the cost of a personalized art plate in California was $75 and
$40 for renewal, compared to $30 for a regular plate ($15
renewal). He recommended charging less for the plate and adding a
renewal fee. The typical specialty plate in Alaska sold for $30
to $50. He recommended charging $50 per plate to generate greater
sales.
Co-chair Sharp queried the number of specialty plates available
in Alaska.
JUANITA HENSLEY, CHIEF OF DRIVER SERVICES, DIVISION OF MOTOR
VEHICLES, DEPARTMENT OF ADMINISTRATION, replied that there were a
number of special license plates offered by the state; in
addition to plates for veterans and handicapped plates, there
were license plates for collector cars, dog mushers, the
university, and others. She explained that the state had to order
a minimum of 900 of each specialty plate.
Co-chair Sharp questioned how many types of specialty plates
exceeded the 900 minimum order. Ms. Hensley listed the plates
that were popular, including the veterans plates; the 900 sets
had not been sold for many of the specialty plates. She added
that new specialty plates did not have to be purchased each year
but were kept in inventory.
Co-chair Sharp noted the cost of $17,700 for an order of plates.
Senator Adams queried the loss of state revenue for reduced costs
to charitable organizations and suggested further definition of
"charitable." He provided members with a list of charitable
organizations that he felt should not fall into the category,
such as electrical, telephone, ski, and construction
associations. Ms. Hensley calculated that the division had lost
$1.6 million in reduced costs for charitable organizations.
Senator Pearce agreed with Senator Adams that "charitable
organization" should be redefined in statute so that
organizations such as cooperatives would not qualify. She
referred to related work done pertaining to gaming permits.
Senator Parnell observed that municipalities were included in
Senator Adams' list and questioned whether unincorporated areas
would also be included. Ms. Hensley replied that any extension of
a government agency would be included, including school
districts. School bus contractors would not be exempted. She
clarified that electric and telephone associations were
considered charitable organizations because they were non-profit.
Co-chair Sharp expressed support for retaining municipalities but
suggested removing other non-profits that could recoup costs,
such as the electric cooperatives.
Senator Phillips referred to the classification number of
historical vehicles.
Senator Pearce MOVED to REPORT SB 153 out of committee with
individual recommendations and the accompanying fiscal note.
There being NO OBJECTION, it was so ordered.
SB 153 was REPORTED out of committee with a "do pass"
recommendation and with fiscal note by the Department of
Administration.
Senate Bill 17
"An Act creating the crime of criminal transmission of human
immunodeficiency virus (HIV)."
JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR, SPONSOR, read the
following Sponsor Statement into the record:
Senate Bill 17 was introduced with the goal of putting
Alaska in a pro-active position when it comes to dealing
with individuals who knowingly place others at risk of HIV
infection. SB 17 is intended to be preventative as well as
punitive and is intended to render a criminal rather than
moral judgment. As of December 31, 1996, 369 Alaskans had
been confirmed to have AIDS. That's since tracking began in
1982. Of these cases, 194 are known to have died. The
Epidemiology section of the Division of Public Health
reports that as of December 31, 1996, 640 Alaskans had
tested positive for HIV infection. That number represents
only those who have voluntarily tested through the State
Section of Laboratories.
The statistics show that HIV/AIDS affects both male and
female, across all age groups and without respect to race or
residence. The sad fact is that the rate of infection in
Alaska is increasing. If someone intentionally sets out to
kill another person by infecting them with the AIDS virus,
they can be charged under state law with attempted first
degree murder. But, what do we do with the person who does
not "intend" to kill, but who still places others in
jeopardy? In 1990, the Attorney General's office reviewed
that question and suggested that "it might be possible to
prosecute the person for reckless endangerment." That is a
class A misdemeanor prohibiting reckless conduct which
creates a "substantial risk of serious physical injury."
Most people would equate becoming infected with HIV as
something more than a "serious injury." Twenty-seven other
states have seen fit to adopt specific laws dealing with
criminal penalties for knowingly transmitting or exposing
another to HIV infection. It would only be prudent for
Alaska to have such a statute on the books. SB 17 is brief
and to the point. It creates the crime of criminal
transmission of HIV and covers actions and conduct known to
transmit the disease. The bill also provides an affirmative
defense when the person exposed knows beforehand that the
action could result in infection.
The bill also provides a provision excluding perinatal
transmission of the virus and to assure that an individual
is not prosecuted for an involuntary act. SB 17 is not
intended to punish those who have contracted HIV. It is
intended to protect others who may be unknowingly exposed to
the virus by what should be a criminal act of
irresponsibility.
Mr. Ambrose informed the committee that an Illinois statute
(adopted in 1989) was used almost verbatim in drafting SB 17. He
noted that the Illinois statute was included in the committee
packet as well as a summary of the laws passed in other states
and two court rulings on the Illinois law. On April 6, 1994, the
Illinois Supreme Court held that the statute did not violate
state or federal constitutional protections for free speech or
for free association and was not unconstitutionally vague. In its
ruling, the supreme court of Illinois stated:
Vagueness, like beauty, may be in the eye of the beholder.
However, we read the statute to be sufficiently clear and
explicit, so that a person of ordinary intelligence need not
guess at its meaning or application. It also provides
sufficiently definite standards for law enforcement officers
and triers of fact, so that its application need not depend
merely on their private conceptions.
Mr. Ambrose continued that the Illinois court, in a separate
case, also ruled that the Illinois statute was not vague. He
noted opinion that adoption of the statute would discourage
HIV/AIDS testing in Alaska; in Illinois, the Illinois Department
of Health reported that after the law was on the books for six
years, testing for HIV/AIDS had increased. The current year's
decrease in public testing was attributed to the increased
availability of testing in the private sector as well as the
availability of home testing.
Senator Adams agreed with health providers that the legislation
would deter people from getting tested, especially in rural
Alaska, and would have a negative impact on prevention. He
maintained that the burden of proof was being shifted in the bill
to the defendant. Mr. Ambrose disagreed and pointed out that a
person would have to "knowingly" transmit the disease; the
affirmative defense would be if they had advised the other person
involved.
Senator Adams wanted an opinion from the Department of Law on the
matter.
ELMER LINDSTROM, SPECIAL ASSISTANT TO THE COMMISSIONER,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, summarized that SB 17
would criminalize an individual knowingly exposing another to HIV
through:
1. Voluntarily engaging in intimate sexual or other physical
contact which could result in infection;
2. Transferring, donating, or providing blood, tissue, semen,
organs, or other potentially infectious bodily fluids for
transfusion, transplantation, insemination or other
administration to another; or
3. Dispensing, delivering, exchanging, selling, or in any
manner transferring to another non-sterile, intravenous,
or intramuscular drug paraphernalia.
Mr. Lindstrom asserted that the legislation could interfere with
public health interventions that have been shown to be effective
in preventing the spread of HIV. The interventions have been
based on encouraging individuals to seek testing, receive early
medical diagnosis and treatment, receive on-going education and
supportive services to reduce high-risk behavior, and to
participate cooperatively in partner-notification activities. He
maintained that criminalization of consensual sexual conduct and
introduction of additional criminal penalties for illicit drug
use activities relative to a person's knowledge of his or her HIV
status could prevent individuals from seeking medical support.
[SFC-97, Tape 121, Side B]
Mr. Lindstrom observed that current programs were based on
voluntary and confidential identification of partners and
notification of partners. He maintained that the legislation
could reduce participation because of fear of prosecution. As
written, he believed SB 17 could create criminal liability for an
HIV-positive person who did many things without first disclosing
their HIV status and getting consent. For example, people could
be come criminals who coach sports or work in health care,
emergency response, firefighting, childcare, or participate in
other activities in which bodily fluids could be exchanged. He
pointed out that there were new techniques to reduce risk. He
believed the willingness to be tested was at the core of
controlling HIV.
Senator Parnell queried statistical correlation between
implementation of the law in other states and a decrease in
testing. Mr. Lindstrom was not aware of any information regarding
a downward trend, but observed that testing through the public
sector had decreased in Illinois. He suggested that the
legislation would encourage in-home and confidential testing.
Mr. Lindstrom opined that part of the confusion was the
difference between transmission and exposure. He pointed to page
1, line 7 of the bill, which referred to the criminal
transmission of HIV and the behaviors that could result in
transmission. He argued that in the majority of instances where
the behaviors could occur, the likelihood of transmission was
small. He thought the bill would be more accurate if it
criminalized potential exposure of HIV, rather than transmission.
He observed that the chance of transmittal for one instance of
sexual intercourse was low.
Senator Parnell pointed out that public testing originally
increased in Illinois after implementation of the law. He asked
whether the department had looked at the response in other states
with similar laws. Mr. Lindstrom did not know and offered to get
the information.
Senator Phillips queried existing statute related to knowingly
transmitting other diseases. Mr. Lindstrom responded that he was
not aware of other statutes. He noted department concern with
criminalizing any infectious disease, which he maintained was
inconsistent with effective public health practice. He asserted
that there was no scientific basis for criminalizing HIV exposure
and that other infectious agents (such as hepatitis B or C) were
more likely to cause infection after exposure and to cause
serious illness. He argued that there were many infectious
diseases, many of which were more infections than HIV. He
emphasized that the state did not criminalize transmission of
other diseases.
Senator Adams suggested that current statutes regarding reckless
endangerment and assault in the first degree would cover the
intent of the legislation.
AMY SKILBRED, ALASKA CIVIL LIBERTIES UNION (ACLU), testified that
ACLU was opposed to SB 17 on constitutional grounds and because
of the adverse effects on the state's public health system
efforts to combat the spread of HIV through voluntary testing,
counseling, partner notification, and prevention case management.
She maintained that HIV infection was a public health problem and
not a criminal problem. She believed individuals with a
transmittable disease (HIV, tuberculosis, Hepatitis B, or
Hepatitis C) should be encouraged to be tested, and those with
positive test results should be educated to understand how to
avoid infecting others and to use appropriate precautions.
Ms. Skilbred argued that SB 17 was likely to reduce voluntary
testing, education, and case management of HIV cases, which
typically accompanied being tested and learning results. People
would not want to be tested (especially by a public institution)
if the result of a voluntary medical test for HIV could become
the prosecution's lynchpin in a criminal case against them. She
stressed that Alaska law already addressed those cases where
someone intentionally or recklessly transmitted HIV under
criminal and assault laws; other states had successfully tried
the cases under fear of imminent personal injury, felony assault,
assault with a deadly instrument, reckless endangerment, and
serious bodily harm. She maintained that adding the statute to
existing Alaskan law would not provide prosecutors with
additional tools. She noted that the fiscal notes were zero
because relevant individuals would already be prosecuted under
existing law.
Senator Donley commented that the position of the ACLU would be
stronger if it also advocated for protection of Second Amendment
rights.
Co-chair Sharp queried the penalty for a Class B felony. Senator
Donley replied zero to five years.
Senator Donley MOVED to ADOPT a conceptual amendment:
Line 9:
Add "unprotected" after "voluntary" and add "unprotected"
before "intimate contact" in the definitions
Line 13:
Add "and no protective devise was used"
Mr. Ambrose referred to prior discussion regarding the issue and
argued against the amendment. He maintained that the thrust of
the bill was that an individual needed to make someone they were
potentially exposing aware of the infection. He observed that the
amendment would add another element that would have to be proven
in a criminal case. He noted that condoms break and the person
being exposed needed to know that they had the potential of being
infected. He maintained that the department had testified the
previous year that most of the cases in the state resulted from
consensual sex; the question was whether the consent would have
been given if the individual was informed upfront. The amendment
would criminalize the act, not the disease.
In response to a question by Senator Phillips, Mr. Ambrose stated
that he did not know of any laws currently in place in Alaska
that prohibited a person from transferring any other infectious
disease. He added that a person in Alaska with an active case of
tuberculosis could be involuntarily detained, but the detention
was a civil action, not a criminal one.
Senator Phillips expressed concerns. Mr. Ambrose responded that
the concern related to the consequences of contracting the
disease; hepatitis cases could be fatal, but could be treated,
while HIV was deadly.
Senator Pearce MOVED to REPORT SB 17 out of committee with
individual recommendations and the accompanying fiscal note.
An OBJECTION was MAINTAINED.
A roll call vote was taken on the motion.
IN FAVOR: Pearce, Donley, Phillips, Torgerson, Sharp
OPPOSED: Adams
The MOTION PASSED (5-1).
SB 17 was REPORTED out of Committee with "no recommendation" and
three previously published fiscal notes: ADM, LAW, and DPS.
Senate Bill 149
"An Act relating to reports and audits concerning health
care facilities; and providing for an effective date."
Co-chair Sharp noted that action needed to be taken on SB 149 in
the current year.
GARREY PESKA, LOBBYIST, ALASKA STATE HOSPITAL/NURSING HOMES
(ASHNHA), testified in support of the legislation. He noted that
the purpose of the bill was to clarify in Alaska statute that
Medicaid audits of hospitals and nursing homes could be used in
the rate-setting process. He observed that legal issues had
raised the question of whether or not Medicaid audits could be
used to set hospital rates for Medicaid reimbursement. He
emphasized that ASHNHA believed the audits were necessary to set
rates and that federal law required that the state perform audits
of hospitals for Medicaid purposes, and emphasized that SB 149
was necessary to allow the process to work properly. He clarified
that the Department of Health and Social Services sponsored the
bill.
Senator Adams MOVED to REPORT SB 149 out of committee with
individual recommendations and the accompanying fiscal note.
There being NO OBJECTION, it was so ordered.
SB 149 was REPORTED out of committee with a "do pass"
recommendation and with a previously published zero fiscal note
by the Department of Health and Social Services.
Senate Bill 96
"An Act regulating hospice care."
BENJAMIN BROWN, STAFF, SENATOR TIM KELLY, spoke in support of the
legislation. He observed that the legislation was introduced by
the Senate Rules Committee in response to a request from Hospice
of Anchorage. Mr. Brown noted that the legislation would add a
new chapter to Title 18 of Alaska Statutes and would allow the
Department of Health and Social Services to regulate and license
hospice programs; currently, there were no federal requirements
for hospice programs. He added that there were 40 states that
licensed hospice programs.
Mr. Brown detailed that the need for hospice licensing was
brought to Senator Kelly's attention as chair of the Rules
Committee by a constituent on the board of Hospice of Anchorage,
the largest and most formally organized hospice program in the
state. Other hospice programs around the state were either in
support of the bill or not in objection. He emphasized that the
advantage of licensing hospice programs before any problems
occurred was illustrated by the licensing of assisted living
homes; prior to licensing, there had been an abusive situation in
Anchorage.
Mr. Brown informed the committee that Article 1 would establish
parameters for licensing hospice programs that were formal
businesses. Article 2 would establish standards for volunteer
hospice programs. Article 3 would define terms in the bill and
provide penalties for violations of the statute.
In response to a question by Senator Adams, Mr. Brown observed
that the sponsor and hospice programs supported an amendment that
would grant limited immunity to volunteers working in volunteer
programs.
Senator Pearce MOVED to ADOPT Amendment 1, which would grant
limited immunity to volunteers working in volunteer programs.
RUPE ANDREWS, ALASKA ASSOCIATION OF RETIRED PERSONS (AARP), spoke
in support of the legislation. He stressed the importance of
hospice organization and standards.
Mr. Brown clarified that the legislation was supported by the
Alaska State Hospital/Nursing Homes Association (ASHNHA). He
noted that part of the potential problem of hospice not being
regulated was presented by the growth of managed care and by the
provision of hospice programs within existing medical facilities;
a large, medical, for-profit institution trying to cut costs
could offer a program called hospice that consisted of nothing
but pain management.
NANCY WELLER, DIVISION OF MEDICAL ASSISTANCE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES, noted that the department supported
the bill and the amendment.
There being NO OBJECTION, Amendment 1 was adopted.
Senate Adams MOVED to REPORT CSSB 96 (FIN) out of committee with
individual recommendations and the accompanying fiscal note.
There being NO OBJECTION, it was so ordered.
CSSB 96 (FIN) was REPORTED out of committee with a "do pass"
recommendation and with a previously published fiscal note from
the Department of Health and Social Services.
Senate Bill 58
"An Act relating to the privilege to drive of minors and to
the penalty for the consumption or possession of alcoholic
beverages by persons under 21 years of age."
JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR, read the following
Sponsor Statement into the record:
In 1995, the Legislature passed, and the Governor signed,
Senate Bill 46. The bill moved underage drinking offenses
out of the juvenile justice system and into adult court. The
new law also changed minor consuming from a class A
misdemeanor to that of a violation with a fine of not less
than $100. Senate Bill 46 was intended to toughen
enforcement of underage drinking laws by getting the
offenders and their parents or guardians into adult court.
Two problems have arisen since the passage of SB 46 which
require that the issue be revisited. Parents in several
communities have complained that the new law is not having
the intended effect. The $100 fine seems to have little
impact on young people who receive $1000+ in the form of
permanent fund dividend payments each year.
And, District Court Judge Patricia Collins has ruled that
minors charged under the MCA statute are entitled to a jury
trial and a public defender, if they qualify, because their
driver's licenses are subject to revocation upon conviction.
The Court of Appeals upheld that ruling on December 6, 1996.
Senate Bill 58 seeks to restore legislative intent to the
process. It would make minor consuming a violation, subject
to a fine of $250 on the first offense. The offense would
revert to class B misdemeanor status for the second and
subsequent offenses. Senate Bill 58 would also divorce minor
consuming from penalties against driver's licenses, at least
as far as the courts are concerned. Minors who consume
alcohol would still lose their licenses through
administrative action under the "Use It and Lose It" law,
but it would no longer be a court action. The $250 fine
imposed by SB 58 would also strengthen the message that
underage drinking is against the law, while falling below
the threshold of fines which establish a "criminal"
prosecution. More importantly, the increased fine would
allow the establishment of a screening and referral program.
The Senate HESS version would reduce the second and
subsequent offenses to class B misdemeanor status if they
occur within two years of the first offense. That two-year
window will give ample opportunity to target problem
drinkers. It should also serve to reduce the fiscal impact
projected by the Public Defender Agency. The second
provision adopted in Senate HESS would incorporate the
"Junior" Alcohol Safety Action Program suggested in Senate
Bill 71. It would allow the Legislature to appropriate the
$250 fines imposed by SB 58 to pay for this screening and
referral program.
Mr. Ambrose questioned the validity of the fiscal notes, stating
that both the Department of Law and the Public Defender Agency
had submitted fairly substantial fiscal notes that assumed that
1,200 of annual minor consuming cases would be repeat offenders.
Both agencies acknowledged that only about 60 of the cases would
go to trial. He questioned the assumption that all 1,200 of the
repeat offenders would reoffend within the two-year window
provided by the bill. He questioned the assumption that all 1,200
would qualify for a public defender, and asked how many of the
repeat offenders would be between the ages of 18 and 21 and
gainfully employed. He asserted that combined, the fiscal notes
assumed a $416,000 cost to handle 1,200 misdemeanor cases in
Alaska and take 60 of them to trial.
In response to a question by Senator Adams, Mr. Ambrose observed
that the second offense would be a misdemeanor if it occurred
within the two-year window.
Co-chair Sharp noted that different departments were making
widely different assumptions, as reflected in the fiscal notes.
DON DAPCEVICH, EXECUTIVE DIRECTOR OF THE GOVERNOR'S ADVISORY
BOARD ON ALCOHOLISM AND DRUG ABUSE, stated that the board
strongly endorsed SB 58. The board was particularly interested in
the youth assessment and referral process in the provision. He
noted that in the prior year in Alaska, there had been about
4,000 incidents of minor consuming; only 400 of the youth
received an assessment, education, or treatment. Nearly all of
the 400 were Juneau residents. He observed that as a director of
similar services in Juneau, he was able to set up a successful
youth assessment and referral process independent of any
regulatory system.
LOREN JONES, DIRECTOR, DIVISION OF ALCOHOLISM AND DRUG ABUSE,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, spoke in support of the
legislation. He noted that the bill would transfer the approval
process for alcohol information schools from the Division of
Motor Vehicles to the Division of Alcoholism and Drug Abuse and
allow for quality assurance for alcohol information schools. He
stressed that the provision would be especially critical for
young people, as the schools were currently geared towards adult
drunk drivers. The division felt that a curriculum more
accessible to young people needed to be established.
Mr. Jones added that the bill would allow the division to make
significant improvements for adult drunk drivers as well, and to
work with community-based and locally-organized programs to both
assess and refer youth who lost driver's licenses due to minor
consuming or minor in possession. He hoped the number of repeat
offenders would be lessened. He noted that the division would
target repeat offenders.
Senator Sharp queried the fiscal notes. Mr. Jones observed that
there were two fiscal notes because they addressed separate
components in the department's budget. He further explained that
the $400,000 fiscal note would fund a grant program within a
statutory-authorized prevention program and establish youth
assessment as one of the functions that could be funded under the
program. The $100,000 fiscal note would establish staff in the
division's administrative component to set the curriculum,
monitor the alcohol information school, and work with the
communities to develop the youth-assessment program.
Senator Sharp expressed concern regarding the cost of the fiscal
notes.
SB 58 was HEARD and HELD in committee for further consideration.
ADJOURNMENT
The meeting was adjourned at 10:40.
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