Legislature(1999 - 2000)
1999-05-18 Senate Journal
Full Journal pdf1999-05-18 Senate Journal Page 1637 HB 151 CS FOR HOUSE BILL NO. 151(JUD) am An Act relating to revocation and reinstatement of the drivers license of a person at least 14 but not yet 21 years of age was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1604. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) was adopted and read the second time. 1999-05-18 Senate Journal Page 1638 HB 151 Senator Pete Kelly offered Amendment No. 1 : Page 1, line 9, following "elements": Insert "and the possession or consumption of alcohol occurred while occupying or while in the immediate vicinity of a motor vehicle" Page 4, following line 5: Insert a new bill section to read: "* Sec. 5. AS28.15.183(g) is amended to read: (g) Except as provided under (h) of this section, the department may not issue a new license or reissue a license to a person whose drivers license, permit, or privilege to drive has been revoked under this section unless the person is enrolled in and is in compliance with, or has successfully completed, (1) an alcoholism education or rehabilitation treatment program approved under AS47.37, if the revocation resulted from possession or consumption of alcohol in violation of AS04.16.050 or a municipal ordinance with substantially similar elements and the possession or consumption occurred while occupying or while in the immediate vicinity of a motor vehicle, from operating a vehicle after consuming alcohol in violation of AS28.35.280, or from refusal to submit to a chemical test of breath in violation of AS28.35.285; or (2) a drug education or rehabilitation treatment program, if the revocation resulted from possession or use of a controlled substance in violation of AS11.71 or a municipal ordinance with substantially similar elements." Renumber the following bill sections accordingly. Page 5, following line 6: Insert new bill sections to read: "* Sec. 8. AS28.15.184(g) is amended to read: 1999-05-18 Senate Journal Page 1639 HB 151 (g) The hearing for review of a revocation by the department under AS28.15.183 shall be limited to the issues of whether the person was at least 14 years of age but not yet 21 years of age and whether the person possessed or used a controlled substance in violation of AS11.71 or a municipal ordinance with substantially similar elements, or possessed or consumed alcohol in violation of AS04.16.050 or a municipal ordinance with substantially similar elements and the possession or consumption occurred while occupying or while in the immediate vicinity of a motor vehicle, operated a vehicle after consuming alcohol in violation of AS28.35.280, or refused to submit to a chemical test of breath in violation of AS28.35.285. * Sec. 9. AS28.15.219 is amended by adding a new paragraph to read: (4) "possessed," in relation to alcohol, means having physical possession of an alcoholic beverage." Page 5, line 3: Delete "Section 5" Insert "Section 6" Page 5, line 5: Delete "1 - 4 and 6" Insert "1 - 5 and 7 - 9" Renumber the following bill sections accordingly. Senator Pete Kelly moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1999-05-18 Senate Journal Page 1640 HB 151 SCS CSHB 151(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Hoffman, Kelly Pete, Lincoln, Wilken Nays: Green, Halford, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward and so, Amendment No. 1 failed. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) An Act relating to revocation and reinstatement of the drivers license of a person at least 14 years of age but not yet 21 years of age pass the Senate? The roll was taken with the following result: SCS CSHB 151(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) passed the Senate. Senator Ellis gave notice of reconsideration.