Legislature(1997 - 1998)
02/24/1997 09:00 AM Senate HES
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SB 71 DRIVERS LICENSES & DRUG & ALCOHOL PROGRAM
CHAIRMAN WILKEN introduced SB 71 as the final order of business
before the committee.
MARGOT KNUTH , Department of Law, said that SB 71 was the Governor's
bill in response to his Conference on Youth & Justice. Ms. Knuth
provided the committee with copies of the abridged version.
Alcohol is one of the most significant problems in Alaska and the
youth with this problem are the group most worthy of attention.
There is a "use it lose it" law in place which takes a minor's
drivers license when convicted of any offense related to alcohol
whether a possession, consuming, or driving offense. Before the
minor can have his/her drivers license back, an alcohol education
program must be completed. Adults in the same situation are
treated differently. An adult must first be screened in order to
determine if an education program would solve the problem or if
treatment is necessary and at what level. Adults also have
compliance and the recommendations are monitored. SB 71 will allow
DHSS to prepare and be responsible for an alcohol information
course and create the Junior Alcohol Safety Action Program (ASAP).
Junior ASAP will first screen the minor in order to determine the
appropriate level of education and treatment. The minor's
compliance will also be monitored. SB 71 intends to create a
meaningful intervention in the lives of these minors. The longer
the alcohol problem is left unaddressed, the more difficult it will
be to have a meaningful turn around.
Ms. Knuth pointed out that SB 71 costs money. SB 71 calls for the
reinstatement fees for the revocation of a drivers license to be
raised from $100 to $250 in order to provide the funding for this
service. Ms. Knuth acknowledged that $250 is quite a bit, but
other sources of revenue could not be identified. Those targeted
to pay for this is the group of offenders who have engaged in
illegal behavior which resulted in the revocation of their license.
SENATOR WARD inquired as to the percentage of the driving test that
is related to the laws regarding alcohol and driving. MARGOT KNUTH
could not provide that information.
Number 453
JUANITA HENSLEY , Chief of Drivers Services, explained that all
drivers license tests are required to have a section regarding drug
and alcohol and driving. There are several questions of the 20 on
the test regarding drunk driving, the penalties and such. Ms.
Hensley did not have the exact percentage. In response to Senator
Ward, Ms. Hensley offered to bring copies of the tests as well as
the drivers manual. The manual contains a chapter regarding
alcohol, the law, etc. The drivers manual is also on the internet.
SENATOR WARD believed that an educational possibility, highlighting
the extreme consequences through the test, had been missed.
Senator Ward commented that conditional licenses could be issued to
minors with drug and alcohol.
JUANITA HENSLEY informed the committee that the Driver Improvement
Section has tried to talk to minors in the schools regarding the
"use it lose it" law and the penalties. Ms. Hensley pointed out
that the Office of Highway Safety Planning developed a brochure
discussing the penalties that is available to minors.
SENATOR WARD stated that it is a privilege to receive a license.
Senator Ward expressed the need to ensure that minors understand
the consequences of driving under the influence of drugs and
alcohol even if extra burdens must be placed on the minor. Senator
Ward said that it would not cost a great deal more. The
educational component may be lacking.
Number 395
CHAIRMAN WILKEN acknowledged the presence of some young people in
the audience. The following students were present: Audrey Caulum,
Jeff Lund, Dennis Plantz, and Jessica Gardner. Chairman Wilken
asked if the youths were aware of the "use it lose it" law and if
so, how had the youth been introduced to this law. The youths had
learned of the law through the school, the local teen center and
talks from the local police.
SENATOR WARD asked the youths if any were introduced to the
consequences of driving under the influence of drugs or alcohol
through the licensing procedures. The youths had read the chapter
in the drivers manual and felt the information was adequate, but
more information could be present.
SENATOR LEMAN asked if the information was effective and would it
change behavior. The youths believed that some would ignore the
information and drive without a license. Senator Leman noted that
a constituent had indicated that the "use it lose it" law may be
too tough; is the law appropriate? The youths believed the law to
be appropriate, but indicated that the law was not being enforced.
SENATOR GREEN discussed a minor constituent in which she thought
she had made arrangements to attend the ASAP, although the letter
of transmittal states that there is no program for minors similar
to the ASAP. JUANITA HENSLEY explained that the minor was referre
through one of the licensed alcohol rehabilitation programs for
screening and evaluation. Based on that information, the minor
would be referred to the appropriate program. Currently there are
no programs designed for minors which has necessitated this bill.
Ms. Hensley informed the committee that she had estimated that
there would be 3,500 revocations a year under the "use it lose it"
law. In 1996, almost 4,000 revocations occurred.
SENATOR GREEN thought a side-by-side comparison regarding what is
currently offered and what would be offered under SB 71 would be
helpful. Senator Green was interested in the program that the
minors in Mat-Su were attending.
Number 314
LOREN JONES , Director of the Division of Alcohol & Drug Abuse for
DHSS, said that in most areas there are adult ASAP programs which
are not age appropriate for those under the age of 18. All the
alcohol information schools are approved through the DMV and the
course includes at least four hours of drivers education as part of
the eight hour course. Mr. Jones noted that most of the adult
programs attempt to address the needs of minors which does not
afford the best opportunity for the minors. In Mat-Su there is age
appropriate intervention and treatment for minors through the
alternative school, the Mat-Su Council, etc. SB 71 would transfer
to the division the approval authority for alcohol information
schools in order to create an age appropriate curriculum and then
fund local efforts to do assessments and initial screening. The
Community Action Against Substance Abuse Program which was passed
six years ago of which Senator Ellis was the sponsor is an
appropriate mechanism to generate local resources and establish
standards, quality, and outcomes for the program.
Mr. Jones informed the committee that the youth present were a
group reviewing the issues surrounding alcohol and youth access.
When Mr. Jones met with the youth, they all knew about the "use it
lose it" law, but had concerns. The youth felt that a minor would
lose his/her license, but no further action or education was taken.
Number 253
VALERIE THE RRIEN , Chair of the Legislative Committee for the
Advisory Board on Alcohol & Drug Abuse, supported SB 71 in the
respect that those minors consuming and other alcohol related
offenses be referred to treatment before the point of revoking the
minor's license. SB 71 is the funding mechanism for JR. ASAP. Ms.
Therrien discussed testimony heard from the participants in the
Youth Congress which indicated the easy access minors have to drugs
and alcohol. The Youth Congress participants cited tobacco as the
biggest problem for some communities. In many communities the
parents cover up for their children. Ms. Therrien noted the
enormous availability of drugs in Fairbanks and said that
elementary children were drinking in the sixth grade. These
elementary children need to be addressed before the point at which
their license is revoked. Ms. Therrien noted that someone at the
Youth Congress said that some minors in Ketchikan are arrested for
minors consuming alcohol every day and are not referred.
The Youth Congress wants the first time a minor is caught to be the
last time. The fines are too lenient. The Youth Congress wants
stricter laws that are enforced. Ms. Therrien suggested placing
more rookies on the beats to enforce the laws. Further the
enforcement of the laws should occur, even at the citizen level.
Ms. Therrien supported SB 71. Prevention is the key.
Number 150
DON DAPCEVICH , Executive Director of the Advisory Board on
Alcoholism & Drug Abuse, informed the committee that of the 4,000
minors consuming incidents last year, 400 assessments and referrals
to treatment were made. Those 400 were predominately in Juneau and
Mat-Su. Mr. Dapcevich, a former program director in Juneau,
recalled the numerous recurrence of minor consuming incidents which
did not result in referral until a later age when the addiction is
worse. Juneau established a JR. ASAP which allowed intervention at
an early age. Mr. Dapcevich encouraged the committee to seriously
consider SB 71 due to its ability to offer major change in the
delivery of drug and alcohol services in Alaska.
CESAR DIMATTEO , Executive Director of the Alaska Council on
Prevention of Alcohol & Drug Abuse, informed the committee that he
was on the Youth & Justice Conference for the Governor, Executive
Committee for Prevention, and the Drug & Alcohol Directors
Association. Mr. DiMatteo supported SB 71. Mr. DiMatteo agreed
with Senator Ward's comments regarding early intervention to avoid
later problems. This discussion is about the different stages of
this problem. First, information is given which Mr. DiMatteo
acknowledged does not necessarily change behavior. SB 71 offers
the next stage of more education. Mr. DiMatteo agreed with Ms.
Therrien that more prevention regarding the consequences is
necessary. Even still, youth fall between through the system.
Under ASAP, the individual's problem is assessed and then referred
to the appropriate intervention or treatment. Then the individual
can have a life and stop the cycle. Currently, an assessment is
done, but there is no follow-up or place to refer the minor.
SENATOR WARD inquired as to the amount of time spent on honoring
sobriety in society during the Youth Congress. CESAR DIMATTEO
noted that SB 71 was one of the over 100 recommendations during the
Youth & Justice Conference. Further, the Prevention Group
attempted to recommend a marketing plan submitting the positive
aspects of youth to newspapers. Mr. DiMatteo stressed the need for
a constituency for the youth recovering. Mr. DiMatteo informed the
committee that he was a recovering person.
TAPE 97-19, SIDE A
SENATOR WARD stressed that this includes everyone from youth to
seniors. Senator Ward said that when a solution is highlighted and
the people are treated with honor, it grows as is the case in
Anchorage in segments of Mountain View. Senator Ward did not know
if such could even be legislated.
VALERIE THERRIEN noted that students were being honored through the
Youth Congress which she felt should be done through every
community.
CESAR DIMATTEO informed the committee that there are prevention and
intervention models such as Risk & Resiliency - Protective Factors
and Asset Building. The Search Institute developed Asset Building
which determined that if a minor has 25-40 assets, that minor has
a minimal ability of participating in drugs and alcohol. Mr.
DiMatteo emphasized that there are options which are not being
used.
VALERIE THERRIEN , a recovering person, noted that many of the
minors present for the Youth Congress are either peer helpers or
natural helpers who are trained to intervene with other minors.
Ms. Therrien reiterated that prevention and education work.
Number 075
CHAIRMAN WILKEN requested that the public defenders fiscal note
needed to be developed further. Chairman Wilken referred to
paragraph nine of the DHSS fiscal note when requesting that DHSS
specify what the $500,000 would accomplish with examples. Further,
the numbers on the fiscal note from the Department of Public Safety
is remarkable. Chairman Wilken directed the committee to paragraph
four of the DHSS fiscal note which says that the numbers of second
and third time offenders is about equal to the numbers of first
time offenders which indicates that something is broken. Chairman
Wilken announced that SB 71 would be held.
REX CARVER , Chaperon of the Youth Congress, introduced the other
chaperon Denise Weyhmiller. Mr. Carver works at the Sitka Teen
Resource Center which provides alcohol information schools. Ms.
Martinson coordinated the Youth Conference where youth will learn
more about drug and alcohol issues and how students can impact
these issues. Mr. Carver, through his work, felt that giving
communities the endorsement for early intervention is crucial and
beneficial. Mr. Carver believed that law enforcement could improve
if avenues were in place to send minors.
CHAIRMAN WILKEN thanked everyone for participating. Chairman
Wilken announced that the foundation formula subcommittee would be
meeting soon. There being no further business before the
committee, the meeting was adjourned at 10:50 a.m.
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