Legislature(1995 - 1996)

05/01/1996 01:30 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                          May 1, 1996                                          
                           1:30 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chairman                                                
 Senator Lyda Green, Vice-Chairman                                             
 Senator Mike Miller                                                           
 Senator Al Adams                                                              
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 None                                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR HOUSE BILL NO. 204(FIN) am                                             
 "An Act relating to the administrative revocation of a minor's                
 license to drive; creating criminal offenses of minor operating a             
 vehicle after consuming alcohol, a minor's refusal to submit to               
 chemical test, and driving during the 24 hours after being cited              
 for minor operating a vehicle after consuming alcohol or refusal to           
 submit to chemical test; establishing penalties for these offenses;           
 relating to court ordered drug and alcohol screening, evaluation,             
 referral, and programs; relating to implied consent to certain                
 testing if operating a motor vehicle, aircraft, or watercraft;                
 relating to an instrument's working tolerance in a chemical breath            
 test; relating to the authority of a court to impose a suspended              
 sentence after failure to complete a treatment program upon                   
 conviction of felony driving while intoxicated or felony refusal to           
 submit to a chemical test; relating to the period of time a court             
 may consider for determining prior convictions in sentencing a                
 person convicted of felony driving while intoxicated or felony                
 refusal to submit to a chemical test; amending Rules 6 and 32.1,              
 Alaska Rules of Criminal Procedure, to allow the use of hearsay               
 evidence before a grand jury in a prosecution for felony driving              
 while intoxicated or felony refusal to submit to a chemical test              
 and to not require a presentence report for a first felony driving            
 while intoxicated or first felony refusal to submit to a chemical             
 test; and providing for an effective date."                                   
                                                                               
 CS FOR HOUSE BILL NO. 202(HES)                                                
 "An Act relating to the participation and accountability of parents           
 and guardians and the enforcement of restitution orders entered in            
 juvenile delinquency proceedings; relating to claims on permanent             
 fund dividends for certain court-ordered treatment in juvenile                
 delinquency proceedings; and amending Alaska Delinquency Rules 3(b)           
 and 8(b); and providing for an effective date."                               
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
 HB 202- No previous Senate committee action.                                  
                                                                               
 HB 204 - No previous Senate committee action.                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Dave Herndon                                                                  
 MADD                                                                          
 12301 Ginami                                                                  
 Anchorage, AK                                                                 
  POSITION STATEMENT:   Supports HB 204                                        
                                                                               
 Juanita Hensley                                                               
 Driver Services                                                               
 Department of Public Safety                                                   
 P.O. Box 20020                                                                
 Juneau, AK  99811-0020                                                        
  POSITION STATEMENT:   Supports HB 204                                        
                                                                               
 Anne Carpeneti                                                                
 Assistant Attorney General                                                    
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, AK  99811-0300                                                        
  POSITION STATEMENT:   Supports HB 204                                        
                                                                               
 L. Diane Worley                                                               
 Division of Family & Youth Services                                           
 Department of Health & Social Services                                        
 P.O. Box 110630                                                               
 Juneau, AK  99811-0630                                                        
  POSITION STATEMENT:   Supports HB 202                                        
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 96-44, SIDE A                                                            
 Number 001                                                                    
                                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:41 p.m.  Present were Senators Taylor, Miller and Green.           
 The first item of business before the committee was HB 204.                   
          HB 204 DRINKING & DRIVING: MINORS & OTHERS                          
                                                                              
 DAVE HERNDON, representing MADD, testified in strong support of HB            
 204.  The bill creates a zero tolerance policy for driving and                
 drinking alcoholic beverages if under the age of 21.  Under current           
 law, a person under 21 could drive a vehicle with a BAC of .0999              
 and be legal.  A zero tolerance policy gives the consistent message           
 that it is illegal to consume alcoholic beverages if under 21 and             
 therefore illegal to drive a vehicle with any evidence of alcohol             
 intake if under 21.  MADD also supports the reclassification of a             
 third DWI offense within five years to a class C felony but would             
 prefer to have no time limit.  He repeated MADD strongly supports             
 SB 204.                                                                       
                                                                               
 CHAIRMAN TAYLOR asked Mr. Herndon if he was referring to Section 7            
 on page 5, regarding the third DWI offense.  MR. HERNDON replied              
 that is correct.  CHAIRMAN TAYLOR explained the justification for             
 the five year limit was primarily due to the large fiscal costs               
 estimated by the Department of Public Safety for a longer time                
 period.  CHAIRMAN TAYLOR noted a second problem with changing the             
 time limit is that the title would have to be amended which would             
 require a two-thirds vote.                                                    
                                                                               
 SENATOR GREEN asked why there is a minimum age limit contained on             
 line 16, page 8.                                                              
                                                                               
 JUANITA HENSLEY, Division of Motor Vehicles, explained the 13 to 21           
 year age limit mirrors an existing statute that requires the court            
 to revoke a drivers license for possession or consumption of drugs            
 or alcohol.                                                                   
                                                                               
 Senator Adams arrived at 1:45 p.m.                                            
                                                                               
 SENATOR GREEN asked if license revocation would be the only penalty           
 involved.  MS. HENSLEY stated HB 204 would create a new statute               
 that makes it an offense for a minor to operate a motor vehicle               
 after consuming alcohol: existing law addresses consumption, not              
 driving.                                                                      
                                                                               
 MS. HENSLEY noted the Department of Public Safety supports HB 204             
 wholeheartedly.  Congress passed the highway systems bill last                
 November which contains a sanction of five and ten percent of ISTEA           
 funds if a provision for zero tolerance for driving under the                 
 influence for minors is not adopted by 1998.                                  
                                                                               
 Senator Ellis arrived at 1:48 p.m.                                            
                                                                               
 ANNE CARPENETI, Assistant Attorney General, stated the basic reason           
 for creating a zero tolerance policy for juveniles who drive after            
 drinking is that this population is involved in a much greater                
 proportion of fatal crashes.  Experience in other states that have            
 adopted such policies has shown the number of fatal crashes has               
 decreased, while the number of fatal crashes for the same                     
 population has increased in states that have not adopted this                 
 policy.  The references to the DWI and breathalyzer statutes                  
 contained in the bill clean up the felony provisions that were                
 adopted last year.                                                            
                                                                               
 CHAIRMAN TAYLOR asked about the proposed amendment from the                   
 Department of Law.                                                            
                                                                               
 SENATOR ELLIS moved to adopt amendment #1.  CHAIRMAN TAYLOR                   
 objected for the purpose of discussion.                                       
                                                                               
 MS. CARPENETI explained amendment #1 makes technical changes.  On             
 page 8, line 17, the reference to 24 hours is problematic as it               
 might require proof that the person consumed alcohol within that              
 time frame, and makes no sense in terms of the offense.  The                  
 revision on page 8, line 27 clarifies that Section 280 sets out the           
 offense rather than just subsection (a).  If a police officer has             
 probable cause to stop a minor the juvenile will then be taken to             
 the nearest location to take a breathalyzer test.  Only after the             
 test indicates the presence of alcohol in the blood, will the child           
 be cited. The intent is to prevent juveniles from driving with any            
 alcohol in their blood stream, no matter when it was consumed.                
                                                                               
 CHAIRMAN TAYLOR noted that he has know many Italian families who              
 drink wine exclusively at the dinner table.  MS. CARPENETI said so            
 does she.  CHAIRMAN TAYLOR wondered if the word "any" would require           
 a level of adherence that may be difficult for some people to meet            
 because of differing cultural values.  MS. CARPENETI responded that           
 allowing a child to take a glass of wine with dinner is different             
 from allowing that child to drive afterward.                                  
                                                                               
 CHAIRMAN TAYLOR believed there are foods consumed in a subsistence            
 economy that go through a fermentation process which generates                
 alcohol.  He feared people could inadvertently be placed in a                 
 difficult posture when the word "any" is included.                            
                                                                               
 MS. CARPENETI repeated a person does not have to take a breath test           
 unless there is probable cause for arrest by a peace officer.                 
                                                                               
 CHAIRMAN TAYLOR stated he wanted to make sure, for the record, the            
 word "any" is qualified.                                                      
                                                                               
 SENATOR ADAMS clarified the amendment should refer to page 8, line            
 14, not line 18.                                                              
                                                                               
 There being no objection to amendment #1, CHAIRMAN TAYLOR announced           
 the amendment was adopted.                                                    
                                                                               
 There being no further discussion on CSHB 204 (FIN)am as amended,             
 SENATOR ELLIS moved the bill from committee with individual                   
 recommendations.  The motion carried with no objection.                       
            HB 202 JUVENILE DELINQUENCY PROCEEDINGS                           
                                                                              
 CHAIRMAN TAYLOR announced it is the intent of the committee to move           
 the legislation, and asked Ms. Worley to summarize the legislation            
 for committee members.                                                        
                                                                               
 DIANE WORLEY, Director of the Division of Family and Youth                    
 Services, stated DHSS supports HB 202 as well as the amendment to             
 page 2, line 25.                                                              
                                                                               
 MS. WORLEY commented HB 202 is congruent with the direction taken             
 in legislation on juvenile issues.  DHSS believes a joint effort              
 with parents, state agencies, and the child is the best approach.             
 HB 202 requires court ordered parental involvement in delinquency             
 hearings and court ordered participation in counseling and                    
 treatment services.                                                           
                                                                               
 SENATOR GREEN clarified the amendment is on page 3, line 25, not              
 page 2.                                                                       
                                                                               
 SENATOR ELLIS moved the amendment to HB 202.  There being no                  
 objection, the motion carried.                                                
                                                                               
 SENATOR ELLIS moved CSHB 202(HES) as amended from committee with              
 individual recommendations.  There being no objection, the bill was           
 moved from committee.                                                         
 CHAIRMAN TAYLOR adjourned the meeting.                                        
                                                                               

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