05/07/1994 01:50 PM Senate FIN

                                                                               
  HOUSE BILL NO. 445 am                                                        
                                                                               
       An 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  directed that  HB 445am be  brought on  for                 
  discussion.   Co-chair  Frank  referenced  two draft  Senate                 
  Finance  Committee Substitutes  for  the bill  and explained                 
  that one contains reduction of the  legal limit to .08 while                 
  the other does not.   Versions "O" and "R"  were distributed                 
  to members.                                                                  
                                                                               
  DAVE SKIDMORE, aide to Senator  Frank, came before committee                 
  to speak to differences between the Senate Judiciary version                 
  and the "O"  draft of the proposed Senate  Finance Committee                 
  Substitute.  The Senate Finance draft:                                       
                                                                               
       1.   Removes provisions which  defined an  individual's                 
  third          or  subsequent  DWI  conviction  as a  felony                 
                 offense.                                                      
                                                                               
       2.   Inserts technical references to  "commercial motor                 
            vehicles," at the request of the Dept. of  Law and                 
            Dept. of Public Safety.                                            
                                                                               
       3.   Makes a technical  language change  in Sec. 4,  at                 
  the       request of  both  the Dept.  of Law  and Dept.  of                 
            Public Safety.                                                     
                                                                               
       4.   The blood-alcohol limited is  reduced from 0.10 to                 
  0.08.                                                                        
                                                                               
       5.   Removes mandatory vehicle forfeiture provisions.                   
                                                                               
       6.   Directs the Dept.  of Public  Safety to conduct  a                 
  study,         during  the   interim,  regarding   mandatory                 
                 vehicle forfeiture and application  of felony                 
                 penalties to certain drunk  driving offenses.                 
                                                                               
                                                                               
  Mr.  Skidmore  reiterated  that  version  "R"  contains  all                 
  provisions of version "O" with the exception of reduction of                 
  the  blood-alcohol  level.    Co-chair  Frank  advised  that                 
  discussions with the Dept. of Law and Dept. of Public Safety                 
  reached the conclusion that it  is difficult and problematic                 
  to draft, in  a short period  of time, a forfeiture  statute                 
  that would  work effectively.  More must be understood about                 
  the constitutional and  legal hurdles that would  have to be                 
  overcome.    It was  thus determined  that the  issue should                 
  become  an interim  project  that could  be dealt  with next                 
  year.                                                                        
                                                                               
                                                                               
  Senator  Kelly voiced support  for forfeiture provisions and                 
  advised of his understanding that forfeiture is  used by the                 
  municipality  of  Anchorage.    Senator  Sharp  also  voiced                 
  support for  forfeiture, noting that it is currently used to                 
  confiscate firearms and  aircraft from individuals convicted                 
  of hunting violations.  Co-chair Frank concurred in comments                 
  of  support.     He  suggested   that  the  legislation   be                 
  accompanied by a  letter of intent stating  committee intent                 
  to construct forfeiture law for enactment next session.                      
                                                                               
  In  response   to  questions  from  members,   Mr.  Skidmore                 
  referenced drafting  problems encountered  in attempting  to                 
  deal  with  situations  where there  is  other  ownership or                 
  security interest  in the  vehicle.   An additional  problem                 
  arises from recent Supreme Court  decisions that say vehicle                 
  forfeiture is analogous to a fine.   There is disparity when                 
  individuals  convicted  of  the  same  crime are  forced  to                 
  forfeit vehicles of differing values.                                        
                                                                               
  Co-chair Frank MOVED for adoption of SCSHB  445 (Fin) (draft                 
  8-GH2019\O, Ford, 5/6/94).  Senator  Kerttula OBJECTED.  Co-                 
  chair Pearce called for  a show of hands.  SCSHB  445 (Fin),                 
  "O" version, was ADOPTED on a vote of 4 to 2.                                
                                                                               
  Senator Sharp asked  if courts  currently have authority  to                 
  order  forfeiture  of  a vehicle.    Mr.  Skidmore responded                 
  affirmatively, advising that it is discretionary.                            
                                                                               
  Directing  attention  to  blood-alcohol provisions,  Senator                 
  Rieger asked if the court differentiates between someone who                 
  is  several points  over the  limit and an  individual whose                 
  alcohol level  is double.   It  was subsequently  determined                 
  that courts have discretion in this area as well.                            
                                                                               
  Senator  Rieger  MOVED that  SCSHB  445 (Finance)  pass from                 
  committee  with  individual recommendations.    No objection                 
  having been raised, SCSHB 445  (Finance) was REPORTED OUT of                 
  committee with the following fiscal notes:                                   
                                                                               
       Alaska Court System                          0                          
       Dept. of Public Safety (Vehicles)            0                          
       Dept. of Administration (OPA)                0                          
       Dept. of Law                                 0                          
       Dept. of Public Safety (Lab.)              49.6                         
       Dept. of Administration (PDA)              90.9                         
       Dept. of Corrections                      248.7 opt.                    
                                                 313.8 rev.                    
                                                                               
  All committee  members present  signed the committee  report                 
  with  a  "do  pass"  recommendation.    (Senator  Jacko  was                 
  temporarily absent from the meeting and did not sign.)