Legislature(2003 - 2004)
04/27/2004 03:35 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 224-MINORS DRIVING AFTER CONSUMING ALCOHOL
RICHARD SCHMITZ, staff to Senator John Cowdery, sponsor
explained that the bill has gone through a number of changes and
the most recent version was \X.
CHAIR GARY STEVENS asked for a motion to adopt the most recent
committee substitute (CS).
SENATOR BERT STEDMAN motioned to adopt CSSB 224 \X version as
the working document. There being no objection, it was so
ordered.
MR. SCHMITZ asked the committee to amend that version to correct
a small error.
CHAIR GARY STEVENS asked for an explanation of the purpose of
the bill first.
MR. SCHMITZ replied it is to increase the penalty on minors who
elect to drink and drive. He said we know it's illegal to drink
alcohol if you aren't 21 years old. A separate issue relates to
people that get cited for driving under the influence (DUI),
which means they have a blood alcohol content of at least .08.
SB 224 falls in between and relates to the people that may not
be drunk according to the DUI standard, but they are breaking
the law because they're under 21 years old and they're drinking
and driving. The sponsor wants to see those penalties increased
and originally drafted the bill to make the offense a class B
misdemeanor. They ran into difficulty because federal law states
that you can't send someone to jail for a status offense.
The \X version CS calls for mandatory penalties. The first
offense brings a $500 fine and community work service. The
second offense brings a $1,000 fine and a third offense brings a
$1,500 fine. Subsequent fines would be no more than $1,500
because a larger fine would boost the infraction to the
misdemeanor penalty level.
CHAIR GARY STEVENS asked for an explanation of the proposed
amendment.
MR. SCHMITZ explained there were two drafting errors on page 4.
The bold type is inserted in the following:
AMENDMENT 1
CSSB 224 23-LS1037\X
Page 4, line 2
(2) has been previously convicted once under this section, AS
28.35.280, or
Page 4, line 11
(3) has been previously convicted two or more times under this
section, AS 28.35.290, or
CHAIR GARY STEVENS asked for a motion to adopt Amendment 1.
SENATOR STEDMAN motioned to adopt Amendment 1. There being no
objection, it was so ordered.
SENATOR GRETCHEN GUESS asked where she could find the definition
in statute or regulation for operating a motor vehicle after
consuming alcohol.
MR. SCHMITZ deferred to the Department of Public Safety.
LEEANN LUCAS, special assistant to the Commissioner of Public
Safety, said that for the purposes of this bill, AS 28.25.280
provides the definition. It includes youths between the ages of
14 and 21.
SENATOR GUESS asked whether there is a way to determine that the
youth was consuming alcohol rather than cough syrup for
instance.
MS. LUCAS said it does, and read the statute.
SENATOR GUESS asked whether this had been litigated.
MS. LUCAS deferred to Lt. Storey.
LT. STOREY, Alaska State Trooper, said there would be some
investigation involved and if the youth said they had been
taking cough medicine that would be taken into consideration.
SENATOR GUESS asked if there would be any problems because
current statute says "at least 14 years of age."
LT. STOREY said he didn't believe that would be a problem, but
that isn't to say that there wouldn't be instances in which
youths younger than 14 would consume alcohol.
SENATOR STEDMAN asked at what point the Breathalyzer meter
becomes more viable.
LT. STOREY said that troopers carry a preliminary breath test
device that is recalibrated from time to time and then there is
the Intoximeter that is proven and very accurate.
SENATOR STEDMAN noted that in previous testimony he heard that
accurate readings are difficult to obtain at a .02 level.
LT. STORER said the accuracy of the preliminary breath test
could be argued at the .02 level, but the specific circumstances
and other considerations would be taken into consideration.
CINDY CASHEN said she was representing MAAD Alaska chapters and
they support the bill. "We want what is effective for our minors
not only to stop underage drinking but also stop making poor
choices and one of the poor choices is drinking and driving,"
she said.
The system is currently overloaded and the kids quickly learn
how to work the system. This bill will help make these kids
immediately face the consequences of their actions and will
increase community service in areas related to the infraction
There was no further testimony.
SENATOR GUESS motioned to move CSSB 224(STA) amended \X version
from committee with individual recommendations and attached
fiscal note. There being no objection, it was so ordered.
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