Legislature(1993 - 1994)

1994-02-04 House Journal

Full Journal pdf

1994-02-04                     House Journal                      Page 2261
HB 445                                                                       
HOUSE BILL NO. 445 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               

1994-02-04                     House Journal                      Page 2262
HB 445                                                                       
"An Act relating to operating or driving a motor vehicle,                     
commercial motor vehicle, aircraft, or watercraft."                            
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/4/94                         
Zero fiscal note, Dept. of Law, 2/4/94                                         
Fiscal note, Dept. of Public Safety, 2/4/94                                    
                                                                               
                                                                               
The Governor's transmittal letter, dated February 4, 1994, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to operating or driving a motor vehicle,          
commercial motor vehicle, aircraft, or watercraft.                             
                                                                               
Sections 5, 7, 12, and 13 of the bill contain the main objective of the        
bill.  Those sections contain provisions relating to implied consent for,      
and administration of, chemical tests to detect the presence of drugs in       
drivers of motor vehicles or commercial vehicles that are involved in          
accidents that cause death or serious physical injury to another person.       
                                                                               
The use of drugs by motor vehicle drivers, both alone and in                   
combination with alcohol, is a major traffic safety concern.  The              
apprehension and successful prosecution of the drug-impaired driver            
has been and remains a major concern of law enforcement.                       
                                                                               
The state's implied consent law is contained in existing AS28.35.031           
and, for commercial motor vehicle drivers, in AS28.33.031.  These              
sections provide that a vehicle driver who is under arrest for driving         
while intoxicated is considered to have given "consent" to a chemical          
breath test to determine the amount of alcohol in the person's blood or        
breath.  Existing AS28.35.032 authorizes law enforcement officers to           
request that an arrested driver submit to that chemical breath testing.        
                                                                               

1994-02-04                     House Journal                      Page 2263
HB 445                                                                       
Sections 5 and 7 of the bill amend the implied consent statutes                
(AS28.33.031 and AS28.35.031) to specify that a person who                     
operates a motor vehicle or commercial motor vehicle in this state is          
considered to have given consent to submit to a chemical test to               
determine the presence of both alcohol and drugs if the person is              
involved in an accident that causes death or serious physical injury to      
another person, even if the person is not under arrest.  A specific            
definition for "serious physical injury" is provided in sec. 16 of the         
bill.  Driving is a privilege granted by the state that can be conditioned     
upon consent to reasonable terms, such as consent to the chemical tests        
enumerated in AS28.33.031 and AS28.35.031 as amended by the bill.              
                                                                               
Under existing AS28.35.032(a), a person can refuse to submit to a              
chemical breath test; existing AS28.35.032(f) makes the refusal a              
misdemeanor offense.  Section 8 of the bill amends AS28.35.032(a)              
to add references to the chemical tests provided for in secs. 5 and 7 of       
the bill; sec. 10 of the bill amends AS28.35.032(f) in the same way.           
Several "housekeeping" amendments to AS28.35.032(a) are also made              
by sec. 8 of the bill.                                                         
                                                                               
                                                                               
Under AS28.35.032(a) and 28.35.035, if a person has been notified of           
the penalties that will result from refusal to submit to a chemical            
breath test, and the person then refuses to submit, the test may not be        
given unless the person has been arrested and the arrest resulted from         
an accident that causes death or physical injury to another person.            
This bill does not change those provisions other than to add references        
to the additional chemical tests provided for in secs. 5 and 7 of the          
bill.  See secs. 8, 12, and 13 of the bill.                                    
                                                                               
                                                                               
Sections 1 - 4, 9, 11, and 14 of the bill make additional conforming           
amendments to statutes in AS28 to refer to the chemical tests provided         
for in secs. 5 and 7 of the bill.  The amendment to AS28.33.190 in             
sec. 6 of the bill is generally to provide a definition for "controlled        
substance" in AS28.33.  That term is used in AS 28.33.031(a) as that           
statute is amended by sec. 5 of the bill.   Additionally, the amendment        
to AS28.33.190 will provide other needed definitions for                       
AS28.33.010 - 28.33.031.  The existing language of AS28.33.190                 
unnecessarily excludes those sections.                                         
                                                                               

1994-02-04                     House Journal                      Page 2264
HB 445                                                                       
The amendments made by secs. 15 and 17 of the bill are to provide a            
definition of "controlled substance" for AS28.35.029- 28.35.039.  The          
existing definition, which is specific to only AS28.35.030, is repealed        
and is replaced by the same definition located in a general definition         
section for AS28.35.029- 28.35.039.                                            
                                                                               
In my State of the State address on January 12, 1993, I identified             
"alcoholism, along with the abuse of other drugs," as "Alaska's number         
one health problem."  I reiterated my commitment to dealing with this          
issue in my State of the State address this year, as well.  This proposed      
legislation gives police and prosecutors the tools they need to combat         
the significant highway safety problem presented by those drivers who          
use drugs and then cause fatal or serious injury accidents.                    
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
				Sincerely,                                                                 
									/s/                                                                   
				Walter J. Hickel                                                           
				Governor"