05/03/1993 02:50 PM Senate FIN

                                                                               
  CS FOR HOUSE BILL NO. 136(FIN)                                               
                                                                               
       An Act relating  to revocation of and limitations  on a                 
       driver's  license;  to the  offenses  of  driving while                 
       intoxicated and  refusal to  submit to  a breath  test;                 
       imposing a limited license fee; amending Alaska Rule of                 
       Civil Procedure  32(b); and providing for  an effective                 
       date.                                                                   
                                                                               
  Co-chair Pearce directed that  CSHB 136 (Fin) be  brought on                 
  for discussion.  PAULA CONRU, aide to Representative Mulder,                 
  came  before committee.  She explained that the bill derives                 
  from Alaska Sentencing Commission recommendations for use of                 
  alternative sentencing.   The  purpose of  the bill  is two-                 
  fold:                                                                        
                                                                               
       1.   To crack down  on DWI  offenders by offering  more                 
  serious        immediate punishment.                                         
                                                                               
       2.   To  relieve  some  of  the  financial   burden  of                 
  incarceration                                                                
            by requiring that  offenders pay  up to $1,000  of                 
            the cost of their incarceration.                                   
                                                                               
  The bill would  require first and second-time  DWI offenders                 
  and those  who refuse to  submit to  a breath test  to serve                 
  time in community residential centers and  perform community                 
  work service while  at the center.   The bill also  requires                 
  that  all   DWI  offenders  pay   for  the  cost   of  their                 
  incarceration.    Unpaid  costs may  be  collected  from the                 
                                                                               
                                                                               
  offender's  permanent  fund  dividend check.    The  cost of                 
  incarceration, as  defined in  the bill,  will be  a uniform                 
  average  cost as  determined and  prescribed by  regulations                 
  from the Dept. of  Corrections.  All prisoners will  pay the                 
  same rate no matter where they are incarcerated.                             
                                                                               
  Ms. Conru pointed to provisions  dealing with limitations on                 
  individual driver's licenses and  noted that, under  current                 
  law, a  person with  up to  six  DWI offenses  may obtain  a                 
  limited license.   The proposed bill restricts  that ability                 
  to first  offenders only.   Those  who refuse  to submit  to                 
  breath tests would not qualify.   An application fee of $100                 
  would be  levied for  a limited  license.   Ms. Conru  noted                 
  support from the Dept.  of Law, Dept. of Public  Safety, and                 
  Dept. of Corrections.                                                        
                                                                               
  DANA LA TOUR, Special Assistant,  Dept. of Corrections, came                 
  before committee  in response  to a  question from  Co-chair                 
  Frank regarding the department's $1,043.6  fiscal note.  She                 
  advised that  projected funding represents  program receipts                 
  derived  from  incarceration payments  made by  offenders to                 
  cover the cost of their care.  Ms. LaTour directed attention                 
  to page two of the fiscal  note and referenced formulas used                 
  to develop the $1,043.6 figure.   She said that the proposed                 
  bill is not expected to result in  a change in the number of                 
  convictions.  It will merely make offenders pay for the cost                 
  of  their  incarceration.   The  department  will,  in turn,                 
  utilize payments  to purchase  community residential  center                 
  beds for DWI offenders.                                                      
                                                                               
  Senator  Rieger  asked  if  the  amount established  as  the                 
  uniform  cost  of  bed  space  would  include  the  cost  of                 
  indigents  unable  to pay.    Ms.  LaTour advised  that  the                 
  Commissioner could take that cost into consideration.                        
                                                                               
  Co-chair Pearce called  for additional testimony.   None was                 
  forthcoming.  She then queried members regarding disposal of                 
  the bill.  Senator  Sharp MOVED that SCS CSHB 136 (HES) pass                 
  from committee with accompanying fiscal notes.  No objection                 
  having been raised, SCS  CSHB 136 (HES) was REPORTED  OUT of                 
  committee with the following fiscal notes:                                   
                                                                               
       Law                                     0                               
       Public Safety (Drivers)                 0        $108.0                 
  revenue                                                                      
       Public Safety (Troopers)                0                               
       Administration (Public Advocacy)        0                               
       Administration (Defender)               0                               
       Corrections                        $1,043.6                             
                                                                               
  Co-chairs Pearce  and Frank  and Senators  Rieger and  Sharp                 
  signed the committee report with a "do pass" recommendation.                 
  Senator Jacko signed "no rec."  Senators Kelly  and Kerttula                 
  had left the meeting and did not sign.