05/14/1999 02:48 PM Senate JUD

          HB 151-REVOCATION OF MINOR DRIVER'S LICENSE                                                                           
                                                                                                                                
CORY WINCHELL, staff to the House Judiciary Committee, made the                                                                 
following comments on two work drafts before the Senate Judiciary                                                               
Committee, version B and version U.  He informed committee members                                                              
an amendment will be proposed to both versions to correct an                                                                    
oversight: the application of AS 11.71, which deals with drugs, was                                                             
inadvertently removed.                                                                                                          
                                                                                                                                
MR. WINCHELL explained that version B removes, from administrative                                                              
purview, the "use it-lose it" provision, and places purview in the                                                              
district courts.  Violations will be a class A or B misdemeanor and                                                             
the court can issue all sorts of punishments.  The "use it-lose it"                                                             
provision will be strengthened under the zero tolerance law in                                                                  
which a minor's license is revoked for minor consuming for 180 days                                                             
for a first offense, and one year for a second offense.                                                                         
                                                                                                                                
MR. WINCHELL described version U as a hybrid that allows                                                                        
administrative revocation to remain for the first two violations.                                                               
A minor's license would be revoked for 10 days for a first                                                                      
violation; 30 days for a second violation; 90 days for a third                                                                  
violation; and one year for a fourth violation.  The third and                                                                  
fourth violations would be noticed to the district court where                                                                  
higher standards are applied, such as reasonable doubt.  Violations                                                             
are concurrent in both versions B and U. The notice requirement for                                                             
an administrative revocation hearing has been increased from seven                                                              
to ten days.                                                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR informed committee members he has a proposed                                                                    
amendment to address the administrative revocation versus court                                                                 
revocation issue.  He clarified that version U gives the minor two                                                              
chances before he/she goes to district court; version B requires                                                                
the minor to go to district court for all violations.                                                                           
                                                                                                                                
MR. WINCHELL stated version B recriminalizes consumption and                                                                    
possession, but the "use it-lose it" provision only kicks in if a                                                               
minor is driving after drinking alcohol.  MR. WINCHELL informed the                                                             
committee that a new committee substitute was being prepared that                                                               
includes the reference to the statute that deals with drug use.                                                                 
                                                                                                                                
CHAIRMAN TAYLOR announced the committee would take up HB 135 while                                                              
it waits for the committee substitute for HB 151 to be prepared.