05/05/1994 09:15 AM Senate FIN

                                                                               
  HOUSE BILL NO. 445 am                                                        
                                                                               
       Act relating to administrative or court revocation of a                 
       driver's license  resulting from operation  of a  motor                 
       vehicle,   commercial   motor  vehicle,   or  aircraft;                 
       relating  to  chemical testing  of  a person's  breath,                 
       urine, or blood  if the person  is involved in a  motor                 
       vehicle accident  that causes death or serious physical                 
       injury;   relating   to   definitions   applicable   to                 
       commercial  motor  vehicle laws;  relating  to chemical                 
       testing of a  person's breath, urine, or  blood without                 
       the  person's consent;  and relating  to  the use  in a                 
                                                                               
                                                                               
       civil or criminal action of the  refusal of a person to                 
       submit to a chemical test.                                              
                                                                               
  Co-chair Pearce referenced the scheduling of HB 445 and  the                 
  fact  that  provisions  inserted  within  SCS HB  445  (Jud)                 
  convert a  third conviction  for  driving while  intoxicated                 
  into   a   felony   with   a   one-year   prison   sentence.                 
  Approximately 650  individuals, annually, would be caught in                 
  that provision.   The Dept. of Corrections submitted  an $11                 
  million fiscal  note because  the system  cannot accommodate                 
  that number of people.   Co-chair Pearce said that  staff is                 
  working with the  department in an  attempt to "try to  find                 
  some compromise  position  that  still  provides  a  heavier                 
  penalty but  doesn't force  the construction  of  a new  $20                 
  million facility."  It is hoped  that a compromise bill will                 
  be available tomorrow.   The bill will also bring  the legal                 
  limit down to .08.                                                           
                                                                               
  Senator Kelly  subsequently voiced  his understanding  that,                 
  during the interim, the Dept. of Corrections, in conjunction                 
  with the Alaska Railroad, would be discussing  the option of                 
  using  a  funding  mechanism similar  to  that  proposed for                 
  discovery center bonds to  build a facility to be  leased by                 
  the railroad  to the  department, somewhere  along the  rail                 
  line  "toward  the  Fairbanks  area."   That  represents  an                 
  opportunity for  construction of an  additional correctional                 
  facility  without utilizing  general fund moneys.   Co-chair                 
  Pearce inquired concerning  repayment of the bonds,  and Co-                 
  chair Frank suggested  that use of general  obligation bonds                 
  would provide the lowest cost financing.