Legislature(1995 - 1996)
05/01/1996 01:30 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
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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