03/20/2007 09:00 AM Senate STATE AFFAIRS

           SB  92-LIMITED LICENSE IGNITION INTERLOCK                                                                        
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 92.                                                                             
                                                                                                                                
SENATOR FRENCH  said the rural  exemption in SB 92  was discussed                                                               
at  the last  hearing. The  bill  allows the  department to  list                                                               
areas  in the  state where  the  ignition interlock  will not  be                                                               
required. The  interlock providers  are willing  to go  to remote                                                               
villages if three  or four offenders need the  device. He created                                                               
a list  of where  the DUIs [driving  under the  influence] occur.                                                               
Many places in the state have one  or two DUIs per annum. He gave                                                               
the examples of Nondalton, Noorvik,  Nulato, and others that only                                                               
had one DUI  per year. The requirement of the  interlock in those                                                               
areas would  serve as a  de facto disqualification of  a person's                                                               
ability  to drive  during probation.  He said  it strikes  him as                                                               
unfair. The bill  is a balanced approach, and  the department can                                                               
be trusted to apply it in a firm but evenhanded way, he stated.                                                                 
                                                                                                                                
9:11:50 AM                                                                                                                    
SENATOR BUNDE asked about "rug" courts.                                                                                         
                                                                                                                                
DOUG  WOOLIVER,  Administrative  Attorney, Alaska  Court  System,                                                               
said he  ran conviction  data on  various locations.  "Rug court"                                                               
stands for "rural user group" in the old computer system.                                                                       
                                                                                                                                
SENATOR  BUNDE said  that no  matter  how small  a community  is,                                                               
every  person  deserves  the same  protection  by  the  interlock                                                               
device  as those  who live  in Anchorage.  He asked  Mr. Wooliver                                                               
about the list of DUI convictions in various communities.                                                                       
                                                                                                                                
MR. WOOLIVER said those are the convictions for 2006.                                                                           
                                                                                                                                
9:13:45 AM                                                                                                                    
SENATOR BUNDE noted that Craig,  Wrangell, Dillingham, Bethel and                                                               
Unalaska have  a substantial number  of convictions,  and perhaps                                                               
the goal could be achieved with a population cutoff.                                                                            
                                                                                                                                
MR. WOOLIVER  said some convictions  in Bethel would  include the                                                               
surrounding   communities  that   have   no   courts.  Only   the                                                               
communities   with  courts   are  counted,   so  some   of  those                                                               
convictions would include the surrounding villages.                                                                             
                                                                                                                                
SENATOR  BUNDE noted  there is  still a  substantial number,  and                                                               
those  citizens of  Bethel  should have  the  same protection  as                                                               
Anchorage citizens. He  said he didn't have the  magic number. He                                                               
understands  that in  places with  small populations  someone may                                                               
have  to wait  three years  to have  another DUI  in the  area in                                                               
order  to get  a  device. But  certainly in  places  the size  of                                                               
Kotzebue  or  Dillingham,  the  citizens  should  have  the  same                                                               
protection, he stated.                                                                                                          
                                                                                                                                
9:15:50 AM                                                                                                                    
SENATOR FRENCH  said he agrees,  especially with  those examples.                                                               
It is the  tiny little places, "that  it just seems to  be out of                                                               
reach."  Regarding  a population  cutoff,  "we  wouldn't want  to                                                               
eliminate  tiny  towns  that are  on  the  road  system-Coldfoot,                                                               
Paxton, places like that."                                                                                                      
                                                                                                                                
SENATOR GREEN  asked about the new  language on line 9  of page 1                                                               
regarding municipalities.                                                                                                       
                                                                                                                                
SENATOR  FRENCH said  the idea  is to  get every  municipality in                                                               
line so that when each enforces  its DUI laws, the requirement is                                                               
not  circumvented. A  lot of  DUI prosecution  in Anchorage  goes                                                               
through the  municipal prosecutor's office and  not through state                                                               
law. It is for uniformity, he said.                                                                                             
                                                                                                                                
9:18:49 AM                                                                                                                    
CHAIR MCGUIRE  said she  would like to  see where  the department                                                               
ultimately decides to allow exemptions.                                                                                         
                                                                                                                                
SENATOR FRENCH  said perhaps the  department can provide  a draft                                                               
of that list as the bill moves along.                                                                                           
                                                                                                                                
9:19:38 AM                                                                                                                    
SENATOR  BUNDE said  he had  offered a  conceptual amendment.  He                                                               
withdrew it  and moved  conceptual Amendment  2. He  is concerned                                                               
about  a lack  of  direction  to the  people  who administer  the                                                               
exemption.  Amendment  2  requires  the department  to  base  the                                                               
exemption on off-the-road population size and volume of DUIs.                                                                   
                                                                                                                                
SENATOR  FRENCH  said perhaps  a  conceptual  amendment could  be                                                               
firmed up  in the next committee,  and it can include  the volume                                                               
of DUIs,  population size, and  proximity to a  larger population                                                               
on a road system. He said  he wouldn't want to exempt Paxton, but                                                               
a larger, totally isolated community may have to be exempt.                                                                     
                                                                                                                                
CHAIR  MCGUIRE asked  Senator Bunde  if  he wanted  to offer  the                                                               
amendment.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 9:22:08 AM to 9:22:39 AM.                                                                
                                                                                                                                
SENATOR STEVENS said  this is not necessarily a  violation with a                                                               
geographical limit because a villager may drive in Anchorage.                                                                   
                                                                                                                                
SENATOR  FRENCH also  noted that  a villager  who is  arrested in                                                               
Anchorage may go back to the village.                                                                                           
                                                                                                                                
9:24:18 AM                                                                                                                    
CHAIR MCGUIRE asked for assistance  with the conceptual amendment                                                               
and how to determine the availability of the device.                                                                            
                                                                                                                                
RODNEY  DIAL, Lieutenant,  Alaska State  Troopers, Department  of                                                               
Public Safety (DPS),  said there would be a  higher percentage of                                                               
DUI convictions  in the  small, remote  communities that  are the                                                               
result of  a serious injury  from a  snow machine or  car because                                                               
these communities have little, if  any, traffic enforcement. That                                                               
might  play a  part in  safety concerns,  he said,  although snow                                                               
machines can't  use the  device. Any  community connected  to the                                                               
road system should not be exempt, he opined.                                                                                    
                                                                                                                                
9:26:16 AM                                                                                                                    
CHAIR MCGUIRE  said if the  bill were left alone,  the department                                                               
would  make the  determination. She  asked about  population size                                                               
and the volume of DUIs.                                                                                                         
                                                                                                                                
MR. DIAL  said the volume of  DUIs seems reasonable. Many  of the                                                               
communities are  exempt from insurance requirements,  and perhaps                                                               
the same criteria could be used for device exemptions.                                                                          
                                                                                                                                
SENATOR FRENCH said he will work on the bill.                                                                                   
                                                                                                                                
SENATOR BUNDE said  he will withdraw the  amendment while Senator                                                               
French solidifies the language. If  someone was involved in a DUI                                                               
that involved  a serious  injury, that may  be another  factor to                                                               
take into consideration.  The device won't go on  a snow machine,                                                               
but a person could still lose a drivers license, he suggested.                                                                  
                                                                                                                                
CHAIR MCGUIRE  told Senator French  that he can bring  the change                                                               
in the form of a committee substitute.                                                                                          
                                                                                                                                
She  announced she  would  set  SB 92  aside  until the  Thursday                                                               
meeting.