03/13/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| Confirmation Hearing: State Commission for Human Rights | |
| Confirmation Hearing: Alaska Public Offices Commission | |
| SB92 | |
| SB33 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 92 | TELECONFERENCED | |
| *+ | SB 33 | TELECONFERENCED | |
| *+ | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 13, 2007                                                                                         
                           9:04 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator Gary Stevens, Vice Chair                                                                                                
Senator Hollis French                                                                                                           
Senator Lyda Green                                                                                                              
Senator Con Bunde                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING: State Commission for Human Rights                                                                         
     Karen Rhoades                                                                                                              
          CONFIRMATION ADVANCED                                                                                                 
                                                                                                                                
CONFIRMATION HEARING: Alaska Public Offices Commission                                                                          
     Shirley Dean                                                                                                               
          CONFIRMATION ADVANCED                                                                                                 
                                                                                                                                
SENATE BILL NO. 92                                                                                                              
"An Act relating to ignition  interlock requirements; relating to                                                               
limited  driver's license  privileges  for  persons convicted  of                                                               
driving  while  under the  influence  of  an alcoholic  beverage,                                                               
inhalant, or  controlled substance and requiring  certain persons                                                               
to utilize  ignition interlock devices  to qualify for  a limited                                                               
driver's license;  relating to probation for  driving while under                                                               
the influence  of an alcoholic beverage,  inhalant, or controlled                                                               
substance,  and  refusal  to  submit  to  a  chemical  test;  and                                                               
providing for an effective date."                                                                                               
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 33                                                                                                              
"An  Act  relating  to  DNA samples  from  persons  charged  with                                                               
felonies."                                                                                                                      
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  92                                                                                                                  
SHORT TITLE: LIMITED LICENSE IGNITION INTERLOCK                                                                                 
SPONSOR(S): SENATOR(S) FRENCH                                                                                                   
                                                                                                                                
02/21/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/07       (S)       STA, JUD, FIN                                                                                          
03/13/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
BILL: SB  33                                                                                                                  
SHORT TITLE: DNA FROM PERSONS CHARGED WITH FELONIES                                                                             
SPONSOR(S): SENATOR(S) BUNDE                                                                                                    
                                                                                                                                
01/16/07       (S)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (S)       STA, JUD, FIN                                                                                          
03/13/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KAREN RHOADES, Appointee                                                                                                        
State Commission for Human Rights                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Answered questions regarding appointment.                                                                 
                                                                                                                                
SHIRLEY R. DEAN, Appointee                                                                                                      
Alaska Public Offices Commission                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions regarding appointment.                                                                 
                                                                                                                                
MS. BABETTE MILLER, Owner                                                                                                       
Smart Start Alaska                                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions regarding SB 92.                                                                       
                                                                                                                                
RODNEY DIAL, Lieutenant                                                                                                         
Alaska State Troopers                                                                                                           
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Spoke in favor of SB 92.                                                                                  
                                                                                                                                
JANE ALBERTS, Staff                                                                                                             
to Senator Con Bunde                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SB 33 on behalf of Senator Bunde,                                                               
Sponsor.                                                                                                                        
                                                                                                                                
MICHELLE COLLINS, Criminologist                                                                                                 
Alaska State Crime Lab                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions regarding SB 33.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL MCGUIRE  called the  Senate State  Affairs Committee                                                             
meeting to order at 9:04:00  AM. Senators McGuire, French, Green,                                                             
Bunde, and Stevens were present at the call to order.                                                                           
                                                                                                                                
9:04:58 AM                                                                                                                    
                                                                                                                                
^Confirmation Hearing: State Commission for Human Rights                                                                        
                                                                                                                                
CHAIR MCGUIRE announced consideration of  Karen Rhoads for a seat                                                               
on the  State Commission for  Human Rights. She asked  Ms. Rhoads                                                               
why she wants the position.                                                                                                     
                                                                                                                                
KAREN  RHOADES, Appointee,  State  Commission  for Human  Rights,                                                               
said the biggest  reason is she is friends with  the governor who                                                               
"knows of my  passion for justice." It's sad that  there is still                                                               
a  need  to address  discrimination.  It  would be  honorable  to                                                               
"educate  people and  change people's  minds  and opinions  about                                                               
minorities, or in the workplace, or in the public arena."                                                                       
                                                                                                                                
9:05:51 AM                                                                                                                    
SENATOR GREEN asked  about the balance between  unjust claims and                                                               
unethical actions against an employee.                                                                                          
                                                                                                                                
MS.  RHOADES said  she would  weigh the  evidence, including  the                                                               
history of the employer. There are  two sides to every story, and                                                               
she will have  to learn how to judge the  truthfulness of claims.                                                               
She said she  is an employer, so  she knows how it  would feel to                                                               
be falsely charged.                                                                                                             
                                                                                                                                
SENATOR FRENCH  asked if  she has had  prior experience  with the                                                               
commission and if she understands how it works.                                                                                 
                                                                                                                                
MS. RHOADES  said she has  not been to  one of the  meetings, but                                                               
she had a briefing with the executive director.                                                                                 
                                                                                                                                
SENATOR FRENCH asked how much time her duties will take.                                                                        
                                                                                                                                
9:08:19 AM                                                                                                                    
MS.  RHOADES said  the commission  meets  three to  four times  a                                                               
year, and active participation would  be periodic. Once cases are                                                               
vetted, certain  files might  be farmed  out to  commissioners to                                                               
review prior to the committee meetings, she surmised.                                                                           
                                                                                                                                
SENATOR FRENCH asked how many decisions are issued each year.                                                                   
                                                                                                                                
MS. RHOADES said it appears to average four to six.                                                                             
                                                                                                                                
SENATOR  BUNDE said  some people  accept  appointments but  don't                                                               
participate  on  a  regular  basis,  and he  asked  if  there  is                                                               
anything that would keep her from attending the meetings.                                                                       
                                                                                                                                
MS. RHOADES said  she makes commitments and keeps  them. She said                                                               
she  has high  regard  for the  governor and  would  not want  to                                                               
dishonor her in that way.                                                                                                       
                                                                                                                                
SENATOR  BUNDE  asked if  she  can  make  the hard  decisions  of                                                               
telling people no, even in a racially tinged situation.                                                                         
                                                                                                                                
MS. RHOADES said  she would not have  a problem if it  was a fair                                                               
decision.                                                                                                                       
                                                                                                                                
9:10:35 AM                                                                                                                    
CHAIR MCGUIRE asked  if she is aware of the  backlog of cases and                                                               
the issues surrounding the backlog.                                                                                             
                                                                                                                                
MS.  RHOADES said  she knows  that two  staff positions  were cut                                                               
causing a serious backlog. The positions have been restored.                                                                    
                                                                                                                                
CHAIR MCGUIRE asked if she is committed to keeping pace.                                                                        
                                                                                                                                
MS.  RHOADES said  that  is the  desire. It  is  difficult for  a                                                               
person  to wait  a long  time for  justice. Witnesses  and others                                                               
move on, so it is difficult to bring justice after a long time.                                                                 
                                                                                                                                
9:11:23 AM                                                                                                                    
CHAIR MCGUIRE  said if  Ms. Rhoads is  confirmed, she  would like                                                               
her to  keep in touch  with the  committee on the  backlog issue.                                                               
Both the employer and the others  need certainty in order to move                                                               
forward.  It has  been frustrating  on both  sides. She  moved to                                                               
forward  the  name  of  Karen  Rhoads  to  a  joint  session  for                                                               
consideration for  appointment to the State  Commission for Human                                                               
Rights. Hearing no objection, it was so ordered.                                                                                
                                                                                                                                
The committee took an at-ease from 9:12:32 AM to 9:14:02 AM.                                                                
                                                                                                                                
^Confirmation Hearing: Alaska Public Offices Commission                                                                         
                                                                                                                                
CHAIR MCGUIRE announced consideration of  Shirley Dean for a seat                                                               
on the  Alaska Public  Offices Commission  (APOC). She  asked Ms.                                                               
Dean why on earth she wants the position.                                                                                       
                                                                                                                                
9:14:07 AM                                                                                                                    
SHIRLEY  R. DEAN,  Appointee, Alaska  Public Offices  Commission,                                                               
said  she is  honored  to  be chosen  and  she strongly  supports                                                               
APOC's mission  of accountability and of  effective and efficient                                                               
government. She said she just retired and has the time as well.                                                                 
                                                                                                                                
SENATOR STEVENS said the system is  not working, and he noted the                                                               
ongoing FBI investigations of some  possibly enormous issues. The                                                               
state misses  those, but it  is catching the little  things, like                                                               
fining the rules  chair $50 for not reporting  something on time.                                                               
"So  we're  catching those  little  things  and missing  the  big                                                               
picture.  Do you  see something…wrong  with our  ethics approach,                                                               
our whole reason for APOC…and what do we do to improve that?"                                                                   
                                                                                                                                
MS. DEAN said she doesn't feel capable of answering that.                                                                       
                                                                                                                                
SENATOR FRENCH asked about her background.                                                                                      
                                                                                                                                
MS.  DEAN said  she was  raised in  Ketchikan and  worked in  the                                                               
Ketchikan  Police  Department.  She  then worked  on  the  Alaska                                                               
pipeline   and  did   labor  activities.   She  worked   for  the                                                               
legislature in  the 1980s,  and then  she became  an investigator                                                               
for the human rights commission and for child support.                                                                          
                                                                                                                                
9:16:44 AM                                                                                                                    
SENATOR FRENCH said  he agreed with Senator Stevens,  and APOC is                                                               
a  complaint-driven commission  without investigators,  but there                                                               
may be  a request  for an  investigator in  the budget.  He asked                                                               
what political activity Ms. Dean has participated in.                                                                           
                                                                                                                                
MS. DEAN said  she is trained in impartiality. She  is a Democrat                                                               
and was a  state delegate in the early days,  but she hasn't been                                                               
involved in party politics for seven years.                                                                                     
                                                                                                                                
9:18:59 AM                                                                                                                    
SENATOR FRENCH asked how much commission work she will do.                                                                      
                                                                                                                                
MS.  DEAN said  she  is  just one  of  five volunteer  commission                                                               
members, and she will represent Southeast Alaska.                                                                               
                                                                                                                                
SENATOR  BUNDE said  perhaps  she will  have  the opportunity  to                                                               
balance  Mr. Dapcevich's  strong  opinions. Choosing  to run  for                                                               
office makes a  person suspect and guilty  until proven innocent,                                                               
he said, so he  is pleased to hear that she  was a police officer                                                               
and an  investigator and  will assume  someone is  innocent until                                                               
proven guilty. It will be a  challenge with so much cynicism, and                                                               
he looks forward to her being an advocate for public service.                                                                   
                                                                                                                                
9:21:12 AM                                                                                                                    
MS. DEAN said she believes in  public service, and she has served                                                               
on the Council on Domestic Violence and Sexual Assault.                                                                         
                                                                                                                                
SENATOR BUNDE  suggested requiring public servants  to serve like                                                               
one serves on jury duty-no unexcused absences.                                                                                  
                                                                                                                                
CHAIR  MCGUIRE said  her interactions  with APOC  have been  very                                                               
positive. She doesn't  know all the issues that Ms.  Dean will be                                                               
deliberating on, but  members can pick up the phone  and call and                                                               
get  help with  rules and  with filing  correctly. The  Anchorage                                                               
office has been very helpful. APOC  has an enforcement role and a                                                               
supportive, educational role, she stated.                                                                                       
                                                                                                                                
9:22:37 AM                                                                                                                    
CHAIR MCGUIRE  moved to recommend  that the name of  Shirley Dean                                                               
be   forwarded  to   a  joint   session  for   consideration  for                                                               
appointment to  the Alaska Public Offices  Commission. Hearing no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
The committee took an at-ease from 9:23 to 9:25:13 AM.                                                                        
                                                                                                                                
           SB  92-LIMITED LICENSE IGNITION INTERLOCK                                                                        
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 92.                                                                             
                                                                                                                                
SENATOR  FRENCH   said  the  ignition  interlock   device  is  an                                                               
automatic check  to prove that  drivers are sober  before driving                                                               
their cars.  The idea  is to put  something between  repeat drunk                                                               
drivers and  their cars. SB  92 uses modern technology  to combat                                                               
drunk  driving  in Alaska,  which  has  one  of the  highest  DUI                                                               
[driving  under  the  influence]   rates  in  the  country.  Many                                                               
convicted  drivers are  multiple offenders.  In 2006,  nearly one                                                               
third  of Alaska's  DUI cases  involved  a person  that had  been                                                               
convicted  in  the past.  The  device  would be  required  during                                                               
probation for  repeat DUI offenders and  for first-time offenders                                                               
with a  blood-alcohol level of over  0.15. In order for  a repeat                                                               
offender to drive, the car must  be equipped with the device, and                                                               
the cost of the device will be  borne by the offender. If a judge                                                               
grants  a limited  license privilege  to an  offender during  the                                                               
period of license  revocation, the bill will  require the device.                                                               
No one will argue that Alaska  needs to lower its DUI statistics,                                                               
he stated, and SB 92 is a proactive step.                                                                                       
                                                                                                                                
9:27:14 AM                                                                                                                    
SENATOR FRENCH said there are places  in the state where it might                                                               
be impossible  to install the device,  and the bill leaves  it to                                                               
the commissioner to delegate where  its use is feasible. He noted                                                               
that in  Unalaska the cost  of the  device would be  over $1,000.                                                               
The idea is  to get as many people as  possible, and he suggested                                                               
that the use  of the device will be feasible  in the Railbelt and                                                               
other cities  that can  support the  necessary technician.  It is                                                               
not a  magic bullet--there  is always  a way  for someone  to get                                                               
around the  law--but Alaska needs  to make it more  difficult for                                                               
someone to  drive drunk. The  device will also allow  someone who                                                               
is sober back behind the wheel, he concluded.                                                                                   
                                                                                                                                
9:29:06 AM                                                                                                                    
SENATOR BUNDE said  he supports the goal, and he  has looked into                                                               
it before,  but he  was discouraged by  the scofflaws  that could                                                               
get around the system. He asked about cheating in other states.                                                                 
                                                                                                                                
MS. BABETTE  MILLER, Owner,  Smart Start,  said she  doesn't have                                                               
those numbers, but she can get them.                                                                                            
                                                                                                                                
SENATOR  BUNDE said  the new  interlocks are  more sophisticated,                                                               
and he asked how they work.                                                                                                     
                                                                                                                                
MS.  MILLER  said  the  interlock system  works  by  blowing  and                                                               
humming  into  the  unit  for seven  seconds.  A  voice  detector                                                               
prevents someone from using an air tank.                                                                                        
                                                                                                                                
9:31:19 AM                                                                                                                    
SENATOR  STEVENS  asked if  the  system  detects that  particular                                                               
individual, and what the costs are.                                                                                             
                                                                                                                                
MS. MILLER said there  is a new unit that takes  a picture of the                                                               
individual blowing  into the unit  to verify identity, but  it is                                                               
not approved  for Alaska yet.  She said her company  charges $100                                                               
for installation and $125 a month for the lease.                                                                                
                                                                                                                                
SENATOR BUNDE  said when  someone builds  a better  lock, someone                                                               
finds a better  hacksaw. He asked about a person  required to use                                                               
an interlock in one town who went to another town to buy a car.                                                                 
                                                                                                                                
9:33:11 AM                                                                                                                    
SENATOR  FRENCH said  it is  not  a matter  of where  the car  is                                                               
registered, but where the person  will be driving. He assumes the                                                               
department  will consider  everything when  granting a  waiver to                                                               
drive. There are ways of checking where a person lives, he said.                                                                
                                                                                                                                
9:34:07 AM                                                                                                                    
SENATOR BUNDE  asked if  the department  will do  a case  by case                                                               
analysis of who will get a waiver.                                                                                              
                                                                                                                                
SENATOR FRENCH  said it could be  a hybrid, and someone  could be                                                               
exempted   because  of   the  disproportionate   costs,  and   he                                                               
anticipates that there will be regional exemptions.                                                                             
                                                                                                                                
SENATOR BUNDE  said some people  will claim poverty,  forcing the                                                               
state to pick up the tab.                                                                                                       
                                                                                                                                
SENATOR FRENCH said  driving is a privilege not a  right, and the                                                               
state will  not pay. If  a person can't  afford a car,  the state                                                               
doesn't  offer a  car. Likewise,  if a  person can't  satisfy the                                                               
condition of  the sentence,  he or  she will  need to  use public                                                               
transportation. There is  a huge cost involved,  but his sympathy                                                               
is with the ones hurt by drunk drivers.                                                                                         
                                                                                                                                
SENATOR BUNDE said  he agrees that the perpetrator  must bare the                                                               
costs, and the state should not pay for the program.                                                                            
                                                                                                                                
SENATOR  GREEN asked  when the  infraction  actually occurs.  She                                                               
asked if driving a different car is an offence.                                                                                 
                                                                                                                                
9:36:36 AM                                                                                                                    
SENATOR FRENCH said the onus would  be on the person; if driving,                                                               
he or  she must  be behind the  wheel of a  car with  the device.                                                               
Family members can drive that car or a car without a device.                                                                    
                                                                                                                                
RODNEY  DIAL,   Lieutenant,  Alaska  State  Troopers,   said  the                                                               
Department of  Public Safety  fully supports  SB 92.  Having this                                                               
device  is not  only a  reminder  to the  driver; it  is also  an                                                               
indication to the rider. He has  made hundreds of DUI arrests and                                                               
is constantly  amazed at the number  of drunk drivers who  have a                                                               
sober passenger.  "We are  fairly excited  about this,  that this                                                               
will reduce  some of the impaired  drivers on our roads  and make                                                               
Alaska highways safer," he stated.                                                                                              
                                                                                                                                
9:39:26 AM                                                                                                                    
SENATOR BUNDE  noted the sponsor's intention  of exempting remote                                                               
areas  because  of the  added  costs.  "If  you can't  afford  an                                                               
interlock that's  going to cost  you $1,000, maybe you  ought not                                                               
to drink."  He noted  there are  places where  bootlegged alcohol                                                               
costs hundreds  of dollars  a gallon, and  "perhaps there  is the                                                               
money available if there is the will."                                                                                          
                                                                                                                                
9:40:24 AM                                                                                                                    
SENATOR  FRENCH   said  one  study  shows   repeat  offenses  are                                                               
decreased 80  percent in  the first year  of using  the interlock                                                               
device. He pointed out one letter  in support of SB 92 that notes                                                               
the harm done  by repeat offenders. We can  eliminate the killing                                                               
of innocent people--or keep downward pressure, he said.                                                                         
                                                                                                                                
SENATOR  GREEN  noted  that court-imposed  fines  don't  vary  by                                                               
region and  why Senator French  is concerned about  the variation                                                               
in the cost of the interlock device.                                                                                            
                                                                                                                                
9:41:57 AM                                                                                                                    
SENATOR FRENCH said the fines  are uniform. "We don't fine people                                                               
in Bethel $5,000 and people  in Anchorage $1,000." If an ignition                                                               
interlock  can be  many times  more expensive,  "there has  to be                                                               
some  allowance  for the  fact  that  it  is just  not  available                                                               
statewide." He  said it may  be feasible with  future technology,                                                               
but for now, the disproportion costs need to be considered.                                                                     
                                                                                                                                
SENATOR STEVENS  asked if  it applies to  other vehicles  such as                                                               
snow machines.                                                                                                                  
                                                                                                                                
MS. MILLER  said the unit cannot  be installed where it  can't be                                                               
protected from the environment.                                                                                                 
                                                                                                                                
9:44:03 AM                                                                                                                    
CHAIR  MCGUIRE  said  the  legislature   needs  to  continue  the                                                               
pressure  of getting  the interlock  devices in  the communities.                                                               
[The  bill] doesn't  mention the  cost of  the device,  she said.                                                               
Driving  is  a privilege,  and  the  interlock device  absolutely                                                               
reduces recurrence rates.  It is incumbent on  the legislature to                                                               
encourage the  use and  availability of  the devices  in outlying                                                               
areas. "Whatever it takes," she stated.                                                                                         
                                                                                                                                
SENATOR BUNDE moved  Amendment 1, as follows:  Delete lines 12-15                                                               
on  page 10,  which  give the  Department  of Administration  the                                                               
ability to  determine that interlocks  are not available  in some                                                               
places. With  fines as high as  $6,000, "it seems as  if the cost                                                               
of another $1,000  for an interlock is not  substantial." This is                                                               
a very  broad allowance  for the department  to determine  if the                                                               
device  is  unavailable. Someone  in  Talkeetna  could make  that                                                               
claim, he suggested.                                                                                                            
                                                                                                                                
CHAIR  MCGUIRE said  the net  effect  would be  that someone  who                                                               
didn't get the device would not be able to drive.                                                                               
                                                                                                                                
9:46:57 AM                                                                                                                    
SENATOR GREEN noted other references to the same thing.                                                                         
                                                                                                                                
SENATOR   BUNDE  withdrew   his  amendment   and  instead   moved                                                               
conceptual Amendment  1 to "remove  all references to  making the                                                               
interlock device optional."                                                                                                     
                                                                                                                                
9:48:13 AM                                                                                                                    
CHAIR MCGUIRE  said the drafter  can look for any  reference, and                                                               
she noted the references on page 2,  7, and 10. She said she will                                                               
object in order to hear Senator French's response.                                                                              
                                                                                                                                
SENATOR FRENCH said  it boils down to proportionality.  It is not                                                               
fair to charge one person $125  and another $1,000. He is willing                                                               
to  wait for  the technology  to catch  up with  the rest  of the                                                               
state and focus on the Railbelt and other urban areas.                                                                          
                                                                                                                                
SENATOR  STEVENS  said  he  has some  concerns  with  the  remote                                                               
villages  that  he is  not  familiar  with. Villages  don't  have                                                               
public transportation, he noted.                                                                                                
                                                                                                                                
9:50:08 AM                                                                                                                    
CHAIR MCGUIRE asked if the Smart Start Company is in Alaska now.                                                                
                                                                                                                                
MS. MILLER  said yes, and the  company goes to remote  areas once                                                               
there are four to five people  that need the service. The airfare                                                               
is not charged  to them. "We bite that cost,"  she stated. "We do                                                               
that  with approximately  two  remote  areas at  a  time. We  are                                                               
currently…expanding into as  many areas as we can."  She said she                                                               
is hiring  contractors in  outlying areas,  including Dillingham,                                                               
Kodiak, Sitka,  Ketchikan, and Juneau.  There is a  competitor in                                                               
Bethel, she  added. The company tries  to cover as many  areas as                                                               
it can. There are two people on  a list in Unalaska, "and once we                                                               
pull out of  another area that we're  in at a loss,  if that area                                                               
still needs the  service, we will go in to  that area and install                                                               
the units and try to find a contractor there."                                                                                  
                                                                                                                                
SENATOR BUNDE  said the  level of alcohol  abuse in  rural Alaska                                                               
exceeds  the high  abuse in  urban  Alaska. The  bill deals  with                                                               
traffic laws and only applies  to state roads. Small villages may                                                               
not have state roads, he said, and asked if it would apply.                                                                     
                                                                                                                                
9:52:42 AM                                                                                                                    
SENATOR FRENCH  said there are  insurance laws that  don't apply,                                                               
but you  can get a  DUI while sitting  in a  parking lot or  in a                                                               
driveway.  It is  all encompassing,  he said.  He then  asked Ms.                                                               
Miller if she charges the same fee throughout the state.                                                                        
                                                                                                                                
MS. MILLER said the installation cost  is $50 more when flying to                                                               
an area, and the monthly price is same.                                                                                         
                                                                                                                                
SENATOR STEVENS  asked if the waiver  is removed and if  a person                                                               
in a  place without access to  the device drives sober,  would he                                                               
or she  would be  in violation.  He thinks  the waiver  should be                                                               
left in for the time being.                                                                                                     
                                                                                                                                
9:54:19 AM                                                                                                                    
SENATOR FRENCH  suggested holding  the bill until  the department                                                               
figures out  where the device  will be required. It  is important                                                               
to keep in mind that the bill is about repeat offenders.                                                                        
                                                                                                                                
9:55:09 AM                                                                                                                    
CHAIR MCGUIRE  said the limited  license is a privilege  within a                                                               
privilege:  "you're  a repeat  offender;  you've  broken the  law                                                               
multiple times, and now we're allowing  you to drive on a limited                                                               
basis, and  in exchange for  that very gracious  privilege, we're                                                               
asking  that an  interlock  device  be installed  to  put you  in                                                               
between your  drinking problem  and the wheel  of your  car." She                                                               
said  she  is  leaning  toward   the  amendment  because  of  the                                                               
privilege part  and that  the interlock is  maybe the  only thing                                                               
that separates that alcoholic from the car and the drinking.                                                                    
                                                                                                                                
SENATOR BUNDE  asked if a remote  location adds an extra  $50 for                                                               
installation,  but the  monthly fee  is the  same throughout  the                                                               
state. He noted that a $1000 installation fee isn't reality.                                                                    
                                                                                                                                
MS. MILLER  said that is true,  but her competitor passes  on the                                                               
airfare. Her  company gives the  option of paying the  airfare if                                                               
an  individual doesn't  want  to  wait for  four  or five  others                                                               
needing the service in the area.                                                                                                
                                                                                                                                
9:57:29 AM                                                                                                                    
SENATOR  STEVENS asked  for  the statistics  of  DUIs around  the                                                               
state, because some villages may not have any DUIs.                                                                             
                                                                                                                                
CHAIR  MCGUIRE requested  information  on airline  costs and  the                                                               
other company's policies.                                                                                                       
                                                                                                                                
SB 92 was held over.                                                                                                            
                                                                                                                                
         SB  33-DNA FROM PERSONS CHARGED WITH FELONIES                                                                      
                                                                                                                                
9:59:01 AM                                                                                                                    
CHAIR McGUIRE announced the consideration of SB 33.                                                                             
                                                                                                                                
SENATOR GREEN  moved to adopt  the committee substitute  (CS) for                                                               
SB  33, labeled  25-LS0260\C, as  the working  draft. Hearing  no                                                               
objections, Version C was before the committee.                                                                                 
                                                                                                                                
SENATOR  BUNDE said  DNA is  the 21st  Century version  of finger                                                               
prints. He said DNA is collected with  a swab of the cheek. SB 33                                                               
would allow  a sample to  be collected  at the time  of someone's                                                               
arrest for  a felony  or a  crime against  a person,  "along with                                                               
fingerprints that  are already a  matter of course."  When people                                                               
are  arrested, "all  too  often that's  not  their first  crime."                                                               
There are  examples in other  states where this is  working well,                                                               
he noted. He  said he had a  DNA sample taken and he  could do it                                                               
himself; it  is not threatening  or highly invasive.  The suspect                                                               
can be involved  in unsolved crimes, but DNA  is also exonerating                                                               
people  who are  falsely accused.  Crimes can  be solved  faster,                                                               
freeing up the  criminal justice system. If  charges are dropped,                                                               
the  sample will  be destroyed,  he explained,  and the  DNA will                                                               
only be used  for law enforcement purposes.  Federal law provides                                                               
up to a $250,000 fine for  the intentional misuse of DNA data, so                                                               
the system  will protect  privacy while  still providing  for the                                                               
public's safety by "getting the bad guys off the street."                                                                       
                                                                                                                                
10:03:28 AM                                                                                                                   
JANE  ALBERTS,  Staff  to  Senator Bunde,  added  that  there  is                                                               
federal funding available for lab expansion.                                                                                    
                                                                                                                                
SENATOR  BUNDE said  there is  a  fiscal note  for over  $300,000                                                               
initially and  "a couple hundred  thousand" per year. He  said it                                                               
is the price of public safety.                                                                                                  
                                                                                                                                
SENATOR GREEN said this is an  amendment of a current law, and it                                                               
just expands when DNA samples can be taken.                                                                                     
                                                                                                                                
SENATOR BUNDE said people who  are convicted are required to give                                                               
DNA samples,  and SB 33 expands  that to people who  are arrested                                                               
for  a felony  or a  crime against  a person.  It won't  apply to                                                               
shoplifters. He said  he hears no outcry  of fingerprinting being                                                               
an invasion of privacy, and DNA is far more accurate.                                                                           
                                                                                                                                
10:05:46 AM                                                                                                                   
CHAIR  MCGUIRE  said  the Senate  Judiciary  Committee  has  been                                                               
enacting  DNA laws  every few  years. The  initial implementation                                                               
was a  compromise that emphasized  the power of DNA  to exonerate                                                               
as well  as incriminate people.  The law was expanded  to collect                                                               
DNA from  individuals imprisoned  for life, "and  to be  blunt it                                                               
was  aimed at  the  Butcher/Baker scenario."  There  has been  an                                                               
ongoing question of when DNA  can be retrieved. She noted Senator                                                               
Bunde's  remark  about crimes  against  a  person, and  Title  11                                                               
actually involves quite a few  things, including offenses against                                                               
persons, property,  family, public administration,  public order,                                                               
health  and  decency,  controlled substances,  and  miscellaneous                                                               
offenses.                                                                                                                       
                                                                                                                                
10:07:47 AM                                                                                                                   
SENATOR BUNDE said he intended to  match the existing net that is                                                               
cast on  DNA sampling. He  was asked  by a prosecutor  to include                                                               
crimes against a person because that is in the existing DNA law.                                                                
                                                                                                                                
CHAIR  MCGUIRE  said  shoplifting  at a  felony  level  would  be                                                               
included, because  it is Title  11. She  asked what is  meant by:                                                               
"or a law or ordinance with elements similar to a crime."                                                                       
                                                                                                                                
MS. ALBERTS said  it was drafted that way to  mirror what is done                                                               
for convicted felons.                                                                                                           
                                                                                                                                
CHAIR MCGUIRE  said she  thinks that might  refer to  a municipal                                                               
crime or a federal crime.                                                                                                       
                                                                                                                                
10:09:40 AM                                                                                                                   
SENATOR FRENCH surmised  that the bill picks up  all felonies and                                                               
misdemeanor  domestic violence  and  assaults.  All white  collar                                                               
crimes would be included as  long as they are felonies, including                                                               
$500 or more shoplifting cases.                                                                                                 
                                                                                                                                
CHAIR  MCGUIRE  surmised that  the  lessor  crimes are  only  the                                                               
crimes against the person and not the other parts of Title 11.                                                                  
                                                                                                                                
SENATOR FRENCH said that his interpretation.                                                                                    
                                                                                                                                
CHAIR  MCGUIRE said  Title 11  crimes will  be included,  but the                                                               
lessor crimes are only the crimes against a person.                                                                             
                                                                                                                                
SENATOR  BUNDE said  he "didn't  broaden the  net, we  just added                                                               
where the sample would be taken."                                                                                               
                                                                                                                                
SENATOR FRENCH said people are  innocent until proven guilty, and                                                               
he agrees there is a parallel  between a fingerprint and DNA, but                                                               
it  isn't a  perfect parallel.  Some people  are concerned  about                                                               
unique genetic identifiers being disseminated, he noted.                                                                        
                                                                                                                                
10:12:32 AM                                                                                                                   
SENATOR BUNDE  said it  isn't more  invasive than  a fingerprint,                                                               
and there is a strong  prohibition against misuse. If charges are                                                               
dropped, that information is destroyed, he explained.                                                                           
                                                                                                                                
SENATOR GREEN asked for an update on DNA usage to solve crimes.                                                                 
                                                                                                                                
CHAIR MCGUIRE  said she  understands. DNA  is a  little different                                                               
from  a  fingerprint in  that  it  contains elements  of  private                                                               
family  history, and  the more  research that  is done,  the more                                                               
interesting it becomes.                                                                                                         
                                                                                                                                
10:15:19 AM                                                                                                                   
SENATOR BUNDE  said Virginia began collecting  DNA from arrestees                                                               
in 2003  and solved  222 crimes  linked to  those very  people. A                                                               
Chicago study documented  that 60 violent crimes  could have been                                                               
prevented if DNA samples were required during an arrest.                                                                        
                                                                                                                                
CHAIR  MCGUIRE  noted  a  presentation  showing  some  incredible                                                               
trends and advocating this kind of  law. "The further you go, the                                                               
more crimes you end up solving," she stated.                                                                                    
                                                                                                                                
SENATOR STEVENS  asked how the  information is retracted  once it                                                               
is broadcast around the country, if the person is innocent.                                                                     
                                                                                                                                
10:17:27 AM                                                                                                                   
SENATOR  BUNDE  said he  didn't  think  the DNA  information  was                                                               
broadcast, nor are family history or health issues analyzed.                                                                    
                                                                                                                                
MICHELLE  COLLINS, Criminologist,  Alaska State  Crime Lab,  said                                                               
the lab is  looking at just a  few portions of the  DNA that have                                                               
no relation to health history.                                                                                                  
                                                                                                                                
SENATOR STEVENS  asked about the  DNA being broadcast  around the                                                               
county to check on crimes, and how that is then removed.                                                                        
                                                                                                                                
10:20:20 AM                                                                                                                   
MS.  COLLINS said  the samples  are uploaded  to a  national data                                                               
base held and  governed by the FBI.  The FBI has the  link to the                                                               
other states,  so there  is no direct  link between  states. When                                                               
charges  are dropped  or a  conviction is  overturned, the  court                                                               
orders the lab  to destroy the sample and remove  the profile. It                                                               
is removed  at the  state level  and at the  national lab.  It is                                                               
never housed in another state, she explained.                                                                                   
                                                                                                                                
CHAIR MCGUIRE said  once that sample is uploaded  into CODIS, she                                                               
assumes the  states begin a  process to  see if it  matches other                                                               
samples even prior to the resolution of the charge.                                                                             
                                                                                                                                
MS.  COLLINS said  the samples  are allowed  to be  searched, but                                                               
only by the FBI. The state is notified if there is a match.                                                                     
                                                                                                                                
10:22:36 AM                                                                                                                   
MS. COLLINS said CODIS stands  for Combined DNA Index System, and                                                               
it is the database that was created and is regulated by the FBI.                                                                
                                                                                                                                
SENATOR FRENCH asked once the  sample is uploaded into CODIS, are                                                               
searches continually run.                                                                                                       
                                                                                                                                
10:23:41 AM                                                                                                                   
MS.  COLLINS said  the FBI  searches  the national  index once  a                                                               
week. In response  to Senator French, she said once  the match is                                                               
made,  it  cannot be  undone.  There  is  a parallel  system  for                                                               
fingerprints, she said.                                                                                                         
                                                                                                                                
SENATOR STEVENS  asked if an  arrest was  made for one  crime and                                                               
the sample solved  another crime, would it be  considered a false                                                               
arrest.                                                                                                                         
                                                                                                                                
10:26:30 AM                                                                                                                   
SENATOR FRENCH  said as long as  it was a valid  arrest, which 99                                                               
percent are,  it would be hard  to undo the match,  but there may                                                               
be other perspectives.                                                                                                          
                                                                                                                                
CHAIR MCGUIRE said  it would be interesting to  know if someone's                                                               
DNA matched  a crime but  the underlying arrest was  dismissed if                                                               
the DNA  should not  be allowed  as evidence.  "My hunch  is that                                                               
they'll get the evidence some way."                                                                                             
                                                                                                                                
10:28:16 AM                                                                                                                   
SENATOR BUNDE said if it was  a trumped-up charge that led to the                                                               
initial arrest, the sample could not be used.                                                                                   
                                                                                                                                
CHAIR MCGUIRE  noted that there are  good cops and bad  cops, and                                                               
she referred to the search and seizure laws.                                                                                    
                                                                                                                                
She announced she would hold SB 33 over.                                                                                        
                                                                                                                                
CHAIR MCGUIRE adjourned the meeting at 10:29:40 AM.                                                                           
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