Legislature(1997 - 1998)
04/02/1997 02:50 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
April 2, 1997
2:50 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Drue Pearce, Vice-chair
Senator Mike Miller
Senator Sean Parnell
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 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."
PASSED CSSB 58(HES) OUT OF COMMITTEE WITH INDIVIDUAL
RECOMMENDATIONS
PREVIOUS SENATE COMMITTEE ACTION
SB 58 - See Senate Health, Education & Social Services minutes
dated 3/10/97, 3/21/97 and 3/24/97.
WITNESS REGISTER
Joe Ambrose
Legislative Assistant to Senator Robin Taylor
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of SB 58
Don Dapcevich
Executive Director of the Governor's Advisory
Board on Alcoholism & Drug Abuse
Department of Health & Social Services
P.O. Box 110608
Juneau, AK 99801-0608
POSITION STATEMENT: Supports SB 58
Loren Jones
Director
Division of Alcoholism & Drug Abuse
Department of Health & Social Services
P.O. Box 110607
Juneau, AK 99811-0607
POSITION STATEMENT: Supports SB 58
ACTION NARRATIVE
TAPE 97-25, SIDE A
Number 00
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 2:50 p.m. Present were Senators Taylor, Miller and
Parnell. The committee took up SB 58.
SB 58 MINOR CONSUMING ALCOHOL: PENALTY
JOE AMBROSE , legislative aide to Senator Robin Taylor, sponsor of
SB 58, read the following sponsor statement.
"In 1995, the Legislature passed, and the Governor signed, Senate
Bill 46. This 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 status to that
of a violation with a fine of not less than $100.
SB 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 this 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 drivers' 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 drivers' 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.
Adult offenders already pay for the ASAP program and should not be
subject to increased drivers' license reinstatement fees. Letting
the kids pay for their own "Junior" ASAP program through the $250
fine will add some accountability to this effort to address minor
consuming.
The sponsor takes exception to the fiscal notes submitted for the
HESS Committee substitute. The Department of Law suggests an
annual cost ranging from $127,000 to $133,500. The Public Defender
Agency says the bill will add between $263,000 and $249,500 and
necessitate three new full-time positions.
Copies of the fiscal notes submitted for SB 46 in 1995, when MCA
was reduced from misdemeanor status to that of a violation, have
been provided to the committee. Please note that when MCA was
reduced from a misdemeanor, neither agency submitted a fiscal note
showing a cost savings. They took no savings then and should not
be allowed to show an increase now."
Mr. Ambrose said that under the old law, this misdemeanor was
handled in the juvenile justice system, which may be a factor in
the fiscal note, however, if the offender was not a juvenile, the
case was handled in the regular court system. SB 58 is the result
of a cooperative effort between the sponsor and the Departments of
Law, Health and Social Services, Public Safety and the Court
System.
Number 124
DON DAPCEVICH , Executive Director of the Governor's Advisory Board
on Alcoholism and Drug Abuse, stated the Board strongly endorses SB
58. If there is a single piece of legislation passed this session
that will impact youth abuse of alcohol and other drugs, SB 58 is
it. Last year there were 4,000 incidents of minor consuming in the
State. Of that 4,000, less than 400 youth received an assessment,
education, or treatment. Nearly all of the 400 assessed were
Juneau residents, simply because this community has set up a
program independent of any regulatory system. As a former
treatment director, he has seen, time and again, 18 year olds who
go through the adult ASAP system and finally attend treatment
programs, but by that time they are very debilitated from repeated
abuse. Also, they have often dropped out of school and have
numerous other problems, and intervention is difficult. SB 58 will
provide an opportunity to intervene at the earliest point where
abuse is most preventable.
Number 160
LOREN JONES , Director of the Division of Alcohol and Drug Abuse,
testified in support of SB 58 as it establishes a mechanism and
funding process using drivers' licenses to address youth alcohol
and drug problems. This bill will enable the Division to provide
screening and educational services at the community level and will
increase compliance with court requirements. Of the 4,000
incidents last year, 2500 were first time offenders, and 1500 were
repeat offenders. It is that target population the Division wants
to reach. In addition, the communities with the highest number of
offenders, Anchorage, Fairbanks, Juneau, the Mat-Su Valley and the
Kenai Peninsula, will be targeted for resources from the Division.
The HESS amendments were recommended by the Youth and Justice
Council.
CHAIRMAN TAYLOR asked why the original zero fiscal note was
increased to $500,000 for the committee substitute. MR. JONES
explained the original fiscal note for SB 58 had no impact, but SB
71 was incorporated by the HESS committee. SB 71 had a fiscal note
of $600,000. That $500,000 was determined by estimating the
revenues collected from the fines versus the reinstatement fee.
The $500,000 will enable the Division to set up, monitor, and fund
the youth assessment programs at the local level, to compile an
age-appropriate curriculum, and to look at creating a second stage
intervention program.
Number 214
CHAIRMAN TAYLOR asked if those costs will actually be offset by
fines but will be classed as general funds, so that in essence, SB
58 is financially neutral. MR. JONES replied that is correct.
SENATOR MILLER moved CSSB 58(HES) and accompanying fiscal notes
from committee with individual recommendations. There being no
objection, the motion carried.
CHAIRMAN TAYLOR adjourned the meeting at 3:08 p.m.
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