04/19/1994 08:35 AM House FIN

  HOUSE BILL NO. 445                                                           
                                                                               
       "An  Act  relating  to  operating  or driving  a  motor                 
       vehicle,   commercial   motor  vehicle,   aircraft,  or                 
                                                                               
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       watercraft."                                                            
                                                                               
  C.E. SWACKHAMMER, DEPUTY  COMMISSIONER, DEPARTMENT OF PUBLIC                 
  SAFETY stressed that the legislation addresses the high rate                 
  of alcohol and drugs involved in  state accidents.  He noted                 
  that Alaska is number two in  the nation in terms of alcohol                 
  related traffic crashes.   He explained that HB  445 changes                 
  the implied  consent law to  allow for  chemical testing  of                 
  individuals involved in fatal or serious injury accidents.                   
                                                                               
  In  response  to  a question  by  Representative  Brown, Mr.                 
  Swackhammer noted that the legislation does not increase the                 
  penalty  for the  crime of injuring  someone.   He clarified                 
  that  the  information  will be  used  to  identify impaired                 
  drivers that cause fatal  or serious injury.  He  noted that                 
  currently there must be  an arrest in order to  obtain blood                 
  or urine.  He stressed that  in most serious injury or fatal                 
  accidents it is  not practical  for the officer  to make  an                 
  arrest  because the state would  be liable for medical costs                 
  if  the person is arrested.   Samples would  be taken at the                 
  hospital.   He  explained that  95 percent  of the  effected                 
  persons would  be in the hospital  due to the nature  of the                 
  accident.  In most cases the blood or urine would be already                 
  drawn.  The legislation would provide access to the samples.                 
                                                                               
                                                                               
  Representative Martin referred to section one.                               
                                                                               
  JUANITA  HENSLEY,  DIRECTOR,  DIVISION  OF  MOTOR  VEHICLES,                 
  DEPARTMENT OF PUBLIC  SAFETY clarified  that section one  is                 
  existing statute allowing administrative  license revocation                 
  for a  person who  takes the  breath test  and  goes 1.0  or                 
  greater, or for those that refuse the test under the implied                 
  consent law.                                                                 
                                                                               
  Representative Grussendorf referred  to page 4, lines  22 to                 
  31.   He  expressed concern  with self  incrimination.   Ms.                 
  Hensley observed that  other states have similar  laws.  She                 
  added that existing statutes allow  the automatic drawing of                 
  blood if a  person is  unconscious.  She  stressed that  the                 
  legislation  would  only  effect  serious  injury  or  fatal                 
  accidents.  She explained that if an individual refuses they                 
  will  be  subject to  the same  penalties as  an intoxicated                 
  driver.                                                                      
                                                                               
  In  response  to  a question  by  Representative  Brown, Mr.                 
  Swackhammer  stated  that  the use  of  drugs  or controlled                 
  substances are not easy to detect during investigation.                      
                                                                               
  Representative  Navarre clarified  that  the accident  would                 
  provide reasonable cause.                                                    
                                                                               
                                                                               
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  In response to a question  by Representative Therriault, Mr.                 
  Swackhammer  explained that  in the  case of  an arrest  the                 
  Department of Public Safety can forcibly take blood samples.                 
  He reiterated that  it is  not practical to  make an  arrest                 
  because in most cases the person is hospitalized.                            
                                                                               
  Mr.  Swackhammer  assured Representative  Brown,  that drugs                 
  administered at the hospital would be taken into account.                    
                                                                               
  Co-Chair MacLean  MOVED to  report HB  445 out of  Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal note.                                                                 
                                                                               
  Representative  Brown questioned  the  Department of  Public                 
  Safety's fiscal note.  Mr. Swackhammer acknowledged that the                 
  department would  be eligible  for federal  funds under  the                 
  enactment.   He added that  there would  be a savings  do to                 
  samples that would not be sent out for examination.                          
                                                                               
  There being NO OBJECTION to the motion to report HB 445 from                 
  Committee, it was so ordered.                                                
                                                                               
  HB  445  was reported  out  of  Committee with  a  "do pass"                 
  recommendation  and  with  a  fiscal   impact  note  by  the                 
  Department of Public  Safety, dated  2/4/94; and with  three                 
  zero fiscal notes, two by  the Department of Administration,                 
  dated 2/4/94 and one by the Department of Law, dated 2/4/94.