Legislature(1993 - 1994)
03/17/1993 08:50 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 84
An Act relating to fees for identification cards
and certain motor vehicle licenses and permits; to
licenses issued to drivers and to revocation of a
license to drive; and providing for an effective
date.
Co-chairman Frank directed that SB 84 be brought on for
discussion.
Senator Kelly acknowledged a problem with the $215.7 fiscal
note from the Department of Public Safety but noted
projected revenue of $815.0, resulting in a net gain to the
state.
JOSH FINK, aide to Senator Kelly, came before committee. He
explained that similar legislation passed the House last
session. It is supported by the Dept. of Public Safety,
Dept. of Health and Social Services, the health and human
services commission of the Municipality of Anchorage,
Mothers Against Drunk Driving, Bristol Bay Area Health
Corporation, and the Alcoholic Beverage Control Board.
The bill is intended to have a preventative and deterrent
impact on use of fraudulent licenses for the purchase of
alcohol by minors. A hologram would be placed on licenses
to prevent tampering. The phrase "under twenty-one" would
be inscribed across the face of licenses for minors to make
it easier for alcohol providers to identify those who are
underage. Those who are caught using fraudulent
identification to purchase alcohol would be subject to
revocation of driving privileges for 60 days.
JUANITA HENSLEY, Chief, Driver Services, Dept. of Public
Safety, next came before committee. She voiced support for
the bill as well as "anything that we can do to save lives
and prevent alcohol deaths."
Directing attention to the department fiscal note, Co-
chairman Frank asked why three additional people would be
needed to administer the program. Mrs. Hensley explained
that the department estimates an additional 1,500 license
revocations a year. One bar in Anchorage annually
confiscates approximately 400 licenses from minors
attempting to purchase alcohol. The department estimate is
extremely conservative. There is no way of knowing how many
licenses will actually be involved. Approximately 500 to
700 per year are turned over to the ABC Board and
subsequently forwarded to the department.
Senator Kelly suggested that licenses for minors bearing a
hologram and the above noted inscription would reduce the
number of young people attempting to enter bars or purchase
alcohol. Mrs. Hensley explained that young people will
sometimes use the birth certificate of an older brother or
sister to obtain a fraudulent duplicate license. A license
inscription identifying a minor as being "under twenty-one"
is not going to stop that behavior.
Last year's budget contained funding for technical upgrades
within the department. That funding will purchase an
imaging system for the Anchorage field office. This pilot
project for driver license photos will allow the department
to retrieve the photo of the driver for comparison with the
applicant.
In response to a question from Senator Rieger, Mrs. Hensley
concurred that while there was no problem with the proposed
bill, it would not close some already identified loopholes.
End, SFC-93, #41, Side 1
Begin, SFC-93, #41, Side 2
Discussion followed between Co-chairman Frank and Mrs.
Hensley regarding existing penalties associated with use of
false identification. The normal penalty is ten days with
ten days suspended and a $100 fine. Unless the false
identification is used to defraud someone of money, the
lesser misdemeanor violation rather than felony forgery is
most often utilized because prosecutors simply do not have
the time to pursue a felony conviction.
Co-chairman Frank asked if the three positions requested by
the department relate to revocation hearings. Mrs. Hensley
answered that one would be an administrative hearing
officer. The request is based on the fact that 25% of those
arrested for DWI request an administrative hearing. The
other two are entry-level document processor II positions to
process the other 75% of the paper work, etc.
Further discussion followed between the Co-chairman and Mrs.
Hensley regarding issues in dispute when an administrative
hearing is requested. Mrs. Hensley noted:
1. Did the individual obtain false identification?
2. Was false identification used to purchase alcohol?
3. Should the license be revoked?
Additional discussion followed concerning processes involved
in conducting administrative hearings. The proposed bill
specifies that the hearing will be held telephonically. The
hearing officer will be based in Anchorage. The department
would like to see this provision applied to DWI law as well.
Co-chairman Frank concurred in that approach.
Senator Kelly suggested that forfeiture of an individual's
permanent fund dividend be added as a penalty in addition to
the proposed 60-day revocation of license under the proposed
bill.
Mrs. Hensley noted that the cost of a duplicate driver's
license is presently $3. The proposed bill increases it to
$5. From the department's standpoint, it takes more time to
issue a duplicate license than to renew a license. If the
fee was raised to $10, it would generate an additional
$312.0.
Senator Rieger inquired regarding the revenue fund source
set forth on the department fiscal note. Mrs. Hensley
explained that reinstatement fees contribute to the program
receipts. Further discussion of incoming program receipts
followed.
Senator Kelly requested that staff prepare an amendment
requiring that someone caught using false identification to
purchase alcohol would forfeit his or her permanent fund
check.
Mrs. Hensley noted that the number of licenses suspended or
revoked each year is extremely high. Approximately 5,700
are suspended for DWI, 8,300 for court revocation, 6,200 for
accident involvement with no insurance, and 400 to 600 for
fraudulent driver licenses.
Co-chairman Frank next inquired concerning Court System and
Dept. of Correction costs associated with the proposed bill.
Senator Kelly suggested that only a small percentage would
continue to drive once the license was revoked. Mrs.
Hensley noted that a driver's license is extremely important
to minors. It is hoped that the threat of revocation will
prevent them from using false identification. While the
potential is there for them to continue to drive following
revocation, studies indicate that they drive more carefully
for fear of getting caught.
In the course of discussion relating to charges for driving
licenses and duplicate licenses, Mrs. Hensley advised that
the proposed hologram would add approximately $0.25 to the
cost of the license. Senator Kelly noted that the fee
charged for an Alaska driver's license is much less than
that paid in other states. Mrs. Hensley noted that the fee
in Alaska equates to $2 a year ($10 for a five year period).
She referenced a list of states and the fees charged
thereby, and concurred that Alaska's is among the lowest in
the nation. Costs range from $1.75 to $6.25 per year.
Co-chairman Frank asked if the department had considered
increasing the five-year license period to relieve the
workload on the department. Mrs. Hensley said that the
department had looked at renewal by mail. Problems
associated with a longer term, ten-year, license are age,
changes in vision, health, etc.
Senator Rieger suggested that two-year vehicle registration
rather than the current annual renewal would save costs.
Co-chairman Frank concurred, advising that exploration of
that possibility ran into difficulty in terms of vehicle
emission testing in Anchorage and Fairbanks. Mrs. Hensley
acknowledged that the department presently has authority for
registration every two years. It has encountered problems
with both ion testing and yearly property taxes the
department collects on behalf of some municipalities.
Co-chairman Frank directed that the bill be HELD in
committee while cost features of the fiscal note and
possible amendments are reviewed.
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