04/20/2001 01:46 PM House FIN

HOUSE BILL NO. 40                                                                                                             
                                                                                                                                
     "An  Act   providing  for  the  revocation   of  driving                                                                   
     privileges  by  a court  for  a  driver convicted  of  a                                                                   
     violation  of traffic  laws in connection  with  a fatal                                                                   
     motor  vehicle  or commercial  motor  vehicle  accident;                                                                   
     amending   Rules   43   and  43.1,   Alaska   Rules   of                                                                   
     Administration; and providing for an effective date."                                                                      
                                                                                                                                
ALBERT  TAYLOR,  ANCHORAGE testified  via  teleconference  in                                                                   
support of  HB 40.  He noted that  a negligent driver  killed                                                                   
his only child. He stressed the need for accountability.                                                                        
                                                                                                                                
Representative John Davies MOVED to ADOPT Amendment 1:                                                                          
                                                                                                                                
     Page 2, line 3                                                                                                             
     Delete:                                                                                                                    
     "a preponderance of the evidence"                                                                                          
     Substitute:                                                                                                                
     "clear and convincing evidence"                                                                                            
                                                                                                                                
     Page 2, lines 7-8                                                                                                          
     Delete:                                                                                                                    
     "(3)  the  violation  of  traffic  laws  by  the  person                                                                   
     contributed to the accident."                                                                                              
     Insert:                                                                                                                    
     "(3) the violation  of traffic laws by the  person was a                                                                   
     significant contributing cause of the accident."                                                                           
                                                                                                                                
Representative John  Davies noted that the Department  of Law                                                                   
drafted the amendment  to address his concerns  regarding the                                                                   
standard  of   proof.  The   amendment  clarifies   that  the                                                                   
violation  must be a  significant contributing  cause  of the                                                                   
accident.                                                                                                                       
                                                                                                                                
DEAN  GUANELI,  CHIEF ASSISTANT  ATTORNEY  GENERAL,  CRIMINAL                                                                   
DIVISION,  DEPARTMENT   OF  LAW  spoke  in   support  of  the                                                                   
amendment. He  did not feel that  the increase in  the burden                                                                   
of  proof  to clear  and  convincing  evidence would  make  a                                                                   
practical   difference.   The   additional  language   of   a                                                                   
"significant  contribution"  allows the  judge  to take  into                                                                   
account the relative faults.                                                                                                    
                                                                                                                                
There being NO OBJECTION, Amendment 1 was adopted.                                                                              
                                                                                                                                
Representative Hudson  MOVED to report  CSHB 40 (FIN)  out of                                                                   
Committee with  the accompanying fiscal note.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB 40 (FIN) was REPORTED out  of Committee with a "do pass"                                                                   
recommendation and with two previously  published zero fiscal                                                                   
notes (#2 and  #3), and with one previously  published fiscal                                                                   
impact note (#1).