Legislature(1997 - 1998)
04/02/1997 02:50 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 58 MINOR CONSUMING ALCOHOL: PENALTY JOE AMBROSE , legislative aide to Senator Robin Taylor, sponsor of SB 58, read the following sponsor statement. "In 1995, the Legislature passed, and the Governor signed, Senate Bill 46. This bill moved underage drinking offenses out of the juvenile justice system and into adult court. The new law also changed minor consuming from a class A misdemeanor status to that of a violation with a fine of not less than $100. SB 46 was intended to toughen enforcement of underage drinking laws by getting the offenders and their parents or guardians into adult court. Two problems have arisen since the passage of SB 46 which require that this issue be revisited. Parents in several communities have complained that the new law is not having the intended effect. The $100 fine seems to have little impact on young people who receive $1000+ in the form of permanent fund dividend payments each year. And, District Court Judge Patricia Collins has ruled that minors charged under the MCA statute are entitled to a jury trial and a public defender, if they qualify, because their drivers' licenses are subject to revocation upon conviction. The Court of Appeals upheld that ruling on December 6, 1996. Senate Bill 58 seeks to restore legislative intent to the process. It would make minor consuming a violation, subject to a fine of $250, on the first offense. The offense would revert to class B misdemeanor status for the second and subsequent offenses. Senate Bill 58 would also divorce minor consuming from penalties against drivers' licenses, at least as far as the courts are concerned. Minors who consume alcohol would still lose their licenses through administrative action under the "Use It and Lose It" law, but it would no longer be a court action. The $250 fine imposed by SB 58 would also strengthen the message that underage drinking is against the law, while falling below the threshold of fines which establish a "criminal" prosecution. More importantly, the increased fine would allow the establishment of a screening and referral program. The Senate HESS version would reduce the second and subsequent offenses to class B misdemeanor status if they occur within two years of the first offense. That two-year window will give ample opportunity to target problem drinkers. It should also serve to reduce the fiscal impact projected by the Public Defender Agency. The second provision adopted in Senate HESS would incorporate the "Junior" Alcohol Safety Action Program suggested in Senate Bill 71. It would allow the Legislature to appropriate the $250 fines imposed by SB 58 to pay for this screening and referral program. Adult offenders already pay for the ASAP program and should not be subject to increased drivers' license reinstatement fees. Letting the kids pay for their own "Junior" ASAP program through the $250 fine will add some accountability to this effort to address minor consuming. The sponsor takes exception to the fiscal notes submitted for the HESS Committee substitute. The Department of Law suggests an annual cost ranging from $127,000 to $133,500. The Public Defender Agency says the bill will add between $263,000 and $249,500 and necessitate three new full-time positions. Copies of the fiscal notes submitted for SB 46 in 1995, when MCA was reduced from misdemeanor status to that of a violation, have been provided to the committee. Please note that when MCA was reduced from a misdemeanor, neither agency submitted a fiscal note showing a cost savings. They took no savings then and should not be allowed to show an increase now." Mr. Ambrose said that under the old law, this misdemeanor was handled in the juvenile justice system, which may be a factor in the fiscal note, however, if the offender was not a juvenile, the case was handled in the regular court system. SB 58 is the result of a cooperative effort between the sponsor and the Departments of Law, Health and Social Services, Public Safety and the Court System. Number 124 DON DAPCEVICH , Executive Director of the Governor's Advisory Board on Alcoholism and Drug Abuse, stated the Board strongly endorses SB 58. If there is a single piece of legislation passed this session that will impact youth abuse of alcohol and other drugs, SB 58 is it. Last year there were 4,000 incidents of minor consuming in the State. Of that 4,000, less than 400 youth received an assessment, education, or treatment. Nearly all of the 400 assessed were Juneau residents, simply because this community has set up a program independent of any regulatory system. As a former treatment director, he has seen, time and again, 18 year olds who go through the adult ASAP system and finally attend treatment programs, but by that time they are very debilitated from repeated abuse. Also, they have often dropped out of school and have numerous other problems, and intervention is difficult. SB 58 will provide an opportunity to intervene at the earliest point where abuse is most preventable. Number 160 LOREN JONES , Director of the Division of Alcohol and Drug Abuse, testified in support of SB 58 as it establishes a mechanism and funding process using drivers' licenses to address youth alcohol and drug problems. This bill will enable the Division to provide screening and educational services at the community level and will increase compliance with court requirements. Of the 4,000 incidents last year, 2500 were first time offenders, and 1500 were repeat offenders. It is that target population the Division wants to reach. In addition, the communities with the highest number of offenders, Anchorage, Fairbanks, Juneau, the Mat-Su Valley and the Kenai Peninsula, will be targeted for resources from the Division. The HESS amendments were recommended by the Youth and Justice Council. CHAIRMAN TAYLOR asked why the original zero fiscal note was increased to $500,000 for the committee substitute. MR. JONES explained the original fiscal note for SB 58 had no impact, but SB 71 was incorporated by the HESS committee. SB 71 had a fiscal note of $600,000. That $500,000 was determined by estimating the revenues collected from the fines versus the reinstatement fee. The $500,000 will enable the Division to set up, monitor, and fund the youth assessment programs at the local level, to compile an age-appropriate curriculum, and to look at creating a second stage intervention program. Number 214 CHAIRMAN TAYLOR asked if those costs will actually be offset by fines but will be classed as general funds, so that in essence, SB 58 is financially neutral. MR. JONES replied that is correct. SENATOR MILLER moved CSSB 58(HES) and accompanying fiscal notes from committee with individual recommendations. There being no objection, the motion carried.
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