Legislature(2003 - 2004)

2004-04-30 House Journal

Full Journal pdf

2004-04-30                     House Journal                      Page 3676
HB 342                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 342                                                                             
     "An Act relating to driving while intoxicated; and providing for an                            
     effective date."                                                                               
                                                                                                    
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Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 342(FIN)                                                                 
     "An Act relating to driving while under the influence, to the                                  
     definition of 'previously convicted,' to alcohol-related offenses, to                          
     ignition interlock devices, and to the issuance of limited driver's                            
     licenses; and providing for an effective date."                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Gruenberg later declared a conflict of interest.                                     
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    

2004-04-30                     House Journal                      Page 3677
Page 5, following line 1:                                                                           
                                                                                                    
 Insert a new bill section to read:                                                                 
   "* Sec. 5.  AS 28.35.030 is amended by adding a new subsection to                              
read:                                                                                               
      (s) If a person is convicted under (a) of this section and it is                              
     determined by the trier of fact that, as determined by a chemical                              
      test taken within four hours after the offense was committed,                                
       (1) there was at least 0.16 percent by weight of alcohol in                                  
     the person's blood but less than 0.24 percent by weight of alcohol                             
     in the person's blood or at least 160 milligrams of alcohol per 100                            
     milliliters of blood, but less than 240 milligrams of alcohol per                              
     100 milliliters of blood, or when there was at least 0.16 grams of                             
     alcohol per 210 liters of the person's breath, but less than 0.24                              
     grams of alcohol per 210 liters of the person's breath, require the                            
     person to use an ignition interlock device as provided in                                      
     AS 12.55.102 for a minimum of six months after the person                                      
     regains the privilege, including any limited privilege, to operate a                           
     motor vehicle;                                                                                 
       (2) there was 0.24 percent or more by weight of alcohol                                      
     in the person's blood or 240 milligrams or more of alcohol per 100                             
     milliliters of blood, or when there was 0.24 grams or more of                                  
     alcohol per 210 liters of the person's breath, require the person to                           
     use an ignition interlock device as provided in AS 12.55.102 for a                             
     minimum of one year after the person regains the privilege,                                    
     including any limited privilege, to operate a motor vehicle."                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected and withdrew the objection.                                        
                                                                                                    
There being no further objection, Amendment No. 1 was adopted.                                      
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Gatto:                                                
                                                                                                    

2004-04-30                     House Journal                      Page 3678
Page 3, line 1:                                                                                     
 Delete "or 28.35.032 [AND NOT FOR A VIOLATION OF                                               
AS 28.35.032]"                                                                                      
 Insert "and not for a violation of AS 28.35.032"                                                   
                                                                                                    
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
                                                                                                    
Objection was heard and withdrawn.                                                                  
                                                                                                    
There being no further objection, Amendment No. 2 was adopted.                                      
                                                                                                    
Amendment No. 3 was offered  by Representative Chenault:                                             
                                                                                                    
Page 3, line 8, following ";":                                                                    
 Insert "or"                                                                                    
                                                                                                    
Page 3, line 11, following "license":                                                           
 Delete "; or                                                                                   
                (iii) the person lives in a community not                                       
              connected by road to Anchorage and the license is                                 
              limited to operation on roads not on a road system                                
              connected to Anchorage or Fairbanks; in this sub-                                 
              subparagraph "road" or "road system" does not                                     
              include a connection to the Alaska marine highway                                 
              system"                                                                           
                                                                                                    
Representative Chenault moved and asked unanimous consent that                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Williams objected and withdrew the objection.                                        
                                                                                                    
                                                                                                    
There being no further objection, Amendment No. 3 was adopted.                                      
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Croft and Lynn:                                      
                                                                                                    

2004-04-30                     House Journal                      Page 3679
Page 4, following line 13:                                                                          
 Insert a new bill section to read:                                                                 
                                                                                                    
   "* Sec 4. AS 28.35.030 (n) is amended to read:                                               
      (n) A person is guilty of a class C felony if the person is                                   
     convicted under (a) of this section and has been previously                                    
     convicted two or more times [SINCE JANUARY 1, 1996, AND                                        
     WITHIN THE 10 YEARS PRECEDING THE DATE OF THE                                                  
     PRESENT OFFENSE]. For purposes of determining minimum                                          
     sentences based on previous convictions, the provisions of (r)(4)                              
     of this section apply. Upon conviction, the court                                              
       (1) shall impose a fine of not less than $10,000 and a                                       
     minimum sentence of imprisonment of not less than                                              
           (A) 120 days if the person has been previously                                           
         convicted twice;                                                                           
           (B) 240 days if the person has been previously                                           
         convicted three times;                                                                     
           (C) 360 days if the person has been previously                                           
         convicted four or more times;                                                              
       (2) may not                                                                                  
           (A) suspend execution of sentence or grant probation                                     
         except on condition that the person serve the minimum                                      
         imprisonment under (1) of this subsection; or                                              
           (B) suspend imposition of sentence;                                                      
       (3) shall permanently revoke the person's driver's license,                                  
     privilege to drive, or privilege to obtain a license subject to                                
     restoration of the license under (o) of this section;                                          
       (4) may order that the person, while incarcerated or as a                                    
     condition of probation or parole, take a drug or combination of                                
     drugs, intended to prevent the consumption of an alcoholic                                     
     beverage; a condition of probation or parole imposed under this                                
     paragraph is in addition to any other condition authorized under                               
     another provision of law;                                                                      
       (5) shall order forfeiture under AS 28.35.036 of the                                         
     vehicle, watercraft, or aircraft used in the commission of the                                 
     offense, subject to remission under AS 28.35.037; and                                          
       (6) shall order the department to revoke the registration                                    
     for any vehicle registered by the department in the name of the                                
     person convicted under this subsection; if a person convicted                                  
     under this subsection is a registered co-owner of a vehicle or is                              

2004-04-30                     House Journal                      Page 3680
     registered as a co-owner under a business name, the department                                 
     shall reissue the vehicle registration and omit the name of the                                
     person convicted under this subsection."                                                       
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 342(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
                                                                                                    
YEAS:  16   NAYS:  21   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Dahlstrom, Gara, Guttenberg,                                     
Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek,                                       
Stoltze, Weyhrauch                                                                                  
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Gruenberg,                                 
Hawker, Holm, Kohring, McGuire, Meyer, Morgan, Moses, Rokeberg,                                     
Samuels, Seaton, Stepovich, Williams, Wilson, Wolf                                                  
                                                                                                    
Excused:  Cissna                                                                                    
                                                                                                    
Absent:  Harris, Ogg                                                                                
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 5 was offered  by Representatives Croft, Kerttula,                                     
Gara, and Lynn:                                                                                     
                                                                                                    
Page 4, line 16, following "offense":                                                           
 Insert "or at any time if the person has two or more prior                                     
convictions"                                                                                    
                                                                                                    

2004-04-30                     House Journal                      Page 3681
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
**Representative Weyhrauch, who had previously been excused (page                                   
3646), left the Chamber.                                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 342(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
                                                                                                    
YEAS:  19   NAYS:  19   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Dahlstrom, Gara, Gatto,                                          
Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Kookesh,                                   
Lynn, Meyer, Moses, Ogg, Samuels, Stoltze                                                           
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Hawker, Heinze,                                   
Holm, Kohring, Kott, Masek, McGuire, Morgan, Rokeberg, Seaton,                                      
Stepovich, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Cissna, Weyhrauch                                                                         
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 342(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 342(FIN) am will advance to third reading on tomorrow's                                        
calendar.