05/18/1999 01:21 AM Senate FIN

                                                                                                                                
SENATE COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE                                                                            
FOR HOUSE BILL NO. 151(JUD)                                                                                                     
"An Act relating to possession, control, or                                                                                     
consumption of alcohol by a person under 21 years of                                                                            
age; relating to revocation and reinstatement of the                                                                            
driver's license of a person at least 14 years of age                                                                           
but not yet 21 years of age; and relating to offenses                                                                           
involving operating a motor vehicle by a person not                                                                             
yet 21 years of age."                                                                                                           
                                                                                                                                
                                                                                                                                
This was the second hearing for this bill in the Senate                                                                         
Finance Committee. Co-Chair John Torgerson noted that in                                                                        
the earlier hearing, a proposed committee substitute was                                                                        
submitted by the Chair of the Senate Judiciary Committee.                                                                       
Co-Chair John Torgerson added that previous testimony from                                                                      
the departments stated that with the adoption of the                                                                            
committee substitute, the fiscal notes would be zeroed out.                                                                     
                                                                                                                                
Senator ROBIN TAYLOR, Chair, Senate Judiciary Committee,                                                                        
indicated that he was distributing information provided by                                                                      
GLAD, an organization working on this legislation. (Copy                                                                        
not provided for the record.) He qualified that the bill's                                                                      
prime sponsor, Representative Pete Kott does not support                                                                        
the committee substitute. He apologized, but argued that                                                                        
the Department of Law advised there was not adequate                                                                            
support for repealing the entire statute as the original                                                                        
version of the bill proposed.                                                                                                   
                                                                                                                                
Senator Robin Taylor stated that the committee substitute                                                                       
solves the problem of individuals being prohibited from                                                                         
receiving a driver's license until they are in their                                                                            
forties or fifties. Changes in the proposed committee                                                                           
substitute, he explained allows the department to review                                                                        
those cases and issue a license if the individual's                                                                             
behavior has improved.                                                                                                          
                                                                                                                                
Senator Robin Taylor then directed the Committee's                                                                              
attention to page four of his proposed committee                                                                                
substitute, saying that this version accomplishes a goal                                                                        
that couldn't be worked out in the House of                                                                                     
Representatives. He explained the new provision as, "if a                                                                       
court either finds you not guilty or the case is dismissed                                                                      
by a court of law; that automatically dismisses the                                                                             
administrative action that was based upon the same facts."                                                                      
This eliminates the situation where cases have been                                                                             
dismissed, but individuals still have their driver's                                                                            
licenses revoked by an administrative action, according to                                                                      
Senator Robin Taylor.                                                                                                           
                                                                                                                                
Representative PETE KOTT stressed that he still has                                                                             
concerns with the establishment of the punishment in                                                                            
relationship to the violation committed and the intended                                                                        
results of the statute. He said that statistics suggest                                                                         
this current law that revokes licenses for underage miners                                                                      
in possession of alcohol is not working. His intent was to                                                                      
establish legislation that will focus on those who posses                                                                       
and/or consume alcohol while driving. He referred to a                                                                          
Supreme Court case challenging the nexus of the existing                                                                        
law that resulted in a non-binding, tied vote.                                                                                  
                                                                                                                                
Senator Loren Leman asked Representative Pete Kott if he                                                                        
was satisfied with the revocation penalties of 30 days, 60                                                                      
days, 90 days and one-year periods as stipulated in Section                                                                     
3 of the proposed committee substitute.                                                                                         
                                                                                                                                
Representative Pete Kott responded that without the nexus                                                                       
argument in the bill, he was satisfied. However, he was                                                                         
hesitant to fully support the lowered penalties.                                                                                
                                                                                                                                
For Representative Pete Kott's benefit, Senator Loren Leman                                                                     
repeated comments he made in the last hearing.  His                                                                             
preference is to increase the penalties but also to provide                                                                     
a mechanism for juveniles to "buy back" some of that time                                                                       
through community service and treatment programs. He wanted                                                                     
to "encourage their good behavior through their positive                                                                        
actions." Because of the late date, he noted that he would                                                                      
not propose such an amendment unless there was full                                                                             
concurrence. He suggested the matter could be addressed                                                                         
during the interim.                                                                                                             
                                                                                                                                
Representative Pete Kott replied that the issue had been                                                                        
discussed through an earlier version of the bill. However,                                                                      
he said that the Department of Law advised that there are                                                                       
"due process" problems and that court hearings would be                                                                         
required, resulting in a fiscal note. He would have liked                                                                       
to see that provision included in the final bill, he said.                                                                      
                                                                                                                                
In the interest of producing legislation that has at least                                                                      
some benefit, Senator Loren Leman announced that he would                                                                       
not offer an amendment at this meeting. He qualified that                                                                       
he did want to revisit the matter later.                                                                                        
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General, Legal Services                                                                      
Section, Criminal Division, Department of Law had reviewed                                                                      
the proposed committee substitute at the request of Co-                                                                         
Chair John Torgerson. She testified that the department was                                                                     
comfortable with the changes.                                                                                                   
                                                                                                                                
JUANITA HENSLEY, Director, Division of Motor Vehicles,                                                                          
Department of Administration relayed statistics supplied by                                                                     
the Division of Public Health, Community Health and                                                                             
Emergency Medical Services. She stressed that the                                                                               
statistics show alcohol-related injuries involving youths                                                                       
between ages fourteen and twenty from 1995-1997 decreased                                                                       
by 9.5 percent. The alcohol-related motor vehicle injuries                                                                      
had dropped twelve-percent for the same age group, she                                                                          
stated. She also noted alcohol-related assault injuries for                                                                     
this age group had decreased overall by thirty-three                                                                            
percent.                                                                                                                        
                                                                                                                                
Juanita Hensley was unsure if the reductions could be tied                                                                      
directly to the "Use It-Lose It" law, and suggested it                                                                          
could be a combination of all the juvenile laws passed in                                                                       
the last several years. However, she believed this law has                                                                      
had an impact.                                                                                                                  
                                                                                                                                
Juanita Hensley also referred to information supplied by                                                                        
the Highway Safety Planning Agency showing that the number                                                                      
of alcohol related motor-vehicle fatalities for this age                                                                        
group has dropped.                                                                                                              
                                                                                                                                
Co-Chair Sean Parnell moved for adoption of HB 151, Version                                                                     
"P" as a Workdraft. It was adopted as a Workdraft without                                                                       
objection.                                                                                                                      
                                                                                                                                
Co-Chair Sean Parnell offered a motion to report from                                                                           
Committee, SCS CSHB 151(FIN) with individual                                                                                    
recommendations and forthcoming zero fiscal notes from the                                                                      
Department of Health and Social Services, Department of                                                                         
Corrections and the Department of Law. There was no                                                                             
objection and the bill was REPORTED OUT.