02/27/1995 01:30 PM Senate JUD

 SJUD - 2/27/95                                                                
                                                                               
         SB  82 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS                         
                                                                              
 The next order of business before the committee was SB 82.  SENATOR           
 MILLER, sponsor of the measure, explained SB 82 is an expansion               
 upon the "use it, lose it" law passed during a previous session.              
 Under existing law, teenagers caught with alcohol lose their                  
 drivers' licenses, but the existing law only applies to state                 
 violations, and over one-half of the violations fall under                    
 municipal ordinances.  SB 82 allows municipalities to apply the               
 same provisions.                                                              
                                                                               
 Number 200                                                                    
                                                                               
 MARGOT KNUTH testified on behalf of the Department of Law in                  
 support of SB 82.  She proposed an amendment which has been made on           
 the House version of the measure.  The current law requires an                
 officer to have both probable cause and to observe the offender               
 using alcohol or a controlled substance.  The legislative intent of           
 the law was not to require the police officer to observe the minor            
 in the act of using alcohol or the controlled substance, however              
 the law can be interpreted that way.  The amendment would insert              
 the words "to believe" after the words "probable cause" on line 7,            
 page 1, and delete the words "and based on personal observation".             
 The same change would be made on page 2, line 17.                             
 SENATOR MILLER moved the adoption of the amendment.  There being no           
 objection, the motion passed.                                                 
                                                                               
 Number 260                                                                    
                                                                               
 MS. KNUTH noted the House made a second amendment on page 2, line             
 23, which clarifies that the municipal ordinance must have                    
 substantially similar provisions and specifies the violations as              
 the use of alcohol or a controlled substance.  The committee took             
 no action on that amendment.                                                  
                                                                               
 SENATOR GREEN moved SB 82 as amended out of committee with                    
 individual recommendations.  There being no objections, the motion            
 passed.