Legislature(2009 - 2010)CAPITOL 120

04/12/2010 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 244 GOVERNOR'S DUTY STATION/TRAVEL ALLOWANCES TELECONFERENCED
Moved HCS SB 244(JUD) Out of Committee
+ SB 239 IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST TELECONFERENCED
Moved HCS CSSB 239(JUD) Out of Committee
+ HB 423 POLICY FOR SECURING HEALTH CARE SERVICES TELECONFERENCED
Moved CSHB 423(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 284 CAMPAIGN EXPENDITURES TELECONFERENCED
Moved HCS CSSB 284(JUD) Out of Committee
<Bill Held Over from 4/11/10>
       SB 239 - IGNITION INTERLOCK DEVICES/DUI/CHEM. TEST                                                                   
                                                                                                                                
2:10:21 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
CS FOR  SENATE BILL  NO. 239(JUD), "An  Act relating  to ignition                                                               
interlock devices, to  refusal to submit to a  chemical test, and                                                               
to driving while under the influence."                                                                                          
                                                                                                                                
2:10:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to  adopt  the  proposed  House                                                               
committee  substitute  (HCS)  for   CSSB  239(JUD),  Version  26-                                                               
LS1210\C, Luckhaupt, 4/7/10,  as the work draft.   There being no                                                               
objection, Version C was before the committee.                                                                                  
                                                                                                                                
2:11:15 PM                                                                                                                    
                                                                                                                                
[REPRESENTATIVE  GRUENBERG  referred to  a  bill  that was  heard                                                               
earlier in the meeting  - SB 284 - and said  he would have signed                                                               
"do  pass" on  the committee  report had  he been  present during                                                               
that portion of the meeting.]                                                                                                   
                                                                                                                                
2:12:20 PM                                                                                                                    
                                                                                                                                
SENATOR   KEVIN  MEYER,   Alaska   State  Legislature,   sponsor,                                                               
indicated  that the  existing sentencing  laws pertaining  to the                                                               
use of  ignition interlock devices  - which, when installed  in a                                                               
person's vehicle, prevent him/her  from starting the vehicle when                                                               
he/she has been  consuming alcohol - contain  some loopholes, and                                                               
that SB 239 is intended to  remedy those loopholes.  For example,                                                               
in 2009,  although 3,513 court  orders were issued  mandating the                                                               
installation  of ignition  interlock  devices,  only about  1,250                                                               
ignition interlock devices  were actually installed.   This is of                                                               
concern  because  the laws  pertaining  to  the use  of  ignition                                                               
interlock devices  are intended  to help  address the  problem of                                                               
people driving under the influence (DUI).                                                                                       
                                                                                                                                
SENATOR MEYER  explained that SB  239 would [change  the minimum]                                                               
time period for which an  ignition interlock would be required to                                                               
be installed,  with the  time period  increasing for  each repeat                                                               
offense; would stipulate that an  ignition interlock device could                                                               
be ordered regardless of whether  the offender receives probation                                                               
and regardless  of how long  any probation period might  be; [and                                                               
would prevent  the court from  suspending the requirement  for an                                                               
ignition interlock device].                                                                                                     
                                                                                                                                
REPRESENTATIVE  GATTO mentioned  that in  the past,  both he  and                                                               
Representative Gruenberg  have introduced  legislation pertaining                                                               
to  ignition interlock  devices,  and  offered his  understanding                                                               
that in  other states, requiring  ignition interlock  devices has                                                               
been successful [at keeping drunk drivers off the road].                                                                        
                                                                                                                                
2:15:56 PM                                                                                                                    
                                                                                                                                
JOSHUA  P.  FINK,  Attorney  at Law,  noting  that  everyone  has                                                               
benefited from the  sponsor's work on combating  drunk driving in                                                               
Alaska, said  he supports the intent  of SB 239 but  is concerned                                                               
that  it   could  result  in   a  few   unintended  consequences.                                                               
Currently,  a person  could be  required to  install an  ignition                                                               
interlock device  only if he/she receives  probation, whereas the                                                               
bill removes  that limitation;  and some  judges have  ruled that                                                               
they  have  the  authority  to suspend  the  requirement  for  an                                                               
ignition  interlock device  under certain  circumstances, whereas                                                               
the bill precludes judges from having that discretion.                                                                          
                                                                                                                                
MR.  FINK indicated  that a  problem  arises with  regard to  the                                                               
latter  point because  there are  a significant  number of  [DUI]                                                               
cases  that  don't  involve  alcohol, for  example,  such  as  in                                                               
situations   where  the   person  is   under  the   influence  of                                                               
prescription drugs or  marijuana or some other  substance, and so                                                               
it doesn't  make sense  to require  such a  person to  install an                                                               
ignition interlock  device, since  such devices only  measure for                                                               
alcohol consumption.   And  a problem arises  with regard  to the                                                               
former  point because  there  are DUI  cases  that don't  involve                                                               
automobiles  but   instead  involve  other  types   of  motorized                                                               
vehicles  such as  snow  machines,  all-terrain vehicles  (ATVs),                                                               
[watercraft,   and  aircraft],   and   because  probation   isn't                                                               
generally imposed in such cases,  the installation if an ignition                                                               
interlock device currently  isn't required; the same  is true for                                                               
DUI  cases involving  people, often  minors or  military members,                                                               
who  don't own  the  vehicle  they were  driving  when they  were                                                               
stopped for DUI.                                                                                                                
                                                                                                                                
MR. FINK surmised that a  solution to the aforementioned problems                                                               
would  be to  amend  the bill  such that  judges  would be  given                                                               
discretion, under certain circumstances,  with regard to ordering                                                               
the installation of  ignition interlock devices, or  to amend the                                                               
bill  such  that it  would  only  apply in  situations  involving                                                               
alcohol.                                                                                                                        
                                                                                                                                
2:22:36 PM                                                                                                                    
                                                                                                                                
DENNIS  A.  WHEELER,  Municipal   Attorney,  Department  of  Law,                                                               
Municipality of Anchorage  (MOA), offered his belief  that SB 239                                                               
has the  potential for  punishing those who  have made  a misstep                                                               
but are still working to  comply with the laws regarding ignition                                                               
interlock devices,  more than  it would  punish those  who aren't                                                               
making any effort to comply with such laws.                                                                                     
                                                                                                                                
2:24:19 PM                                                                                                                    
                                                                                                                                
JENNIFER  MESSICK, Assistant  Municipal Attorney,  Traffic Safety                                                               
Resource  Prosecutor,  Criminal   Division,  Department  of  Law,                                                               
Municipality of  Anchorage (MOA), offered her  understanding that                                                               
the new  language in [subparagraphs  (C) and (D)] of  proposed AS                                                               
28.15.291(b)  would  only  apply   after  a  person  regains  the                                                               
privilege  to drive  following a  [driver's license]  revocation.                                                               
What is currently happening, however,  is that some DUI offenders                                                               
aren't taking  the legal steps  to regain their  driver's license                                                               
but are  instead simply  just driving again  - without  a license                                                               
and  without an  ignition  interlock device.    Because of  this,                                                               
under the  bill as  currently written,  only those  DUI offenders                                                               
who go through  the legal process of  re-obtaining their driver's                                                               
license after  a revocation  would be  subject to  the punishment                                                               
outlined in proposed  AS 28.15.291(b).  This  is thereby creating                                                               
an incentive for DUI offenders  to not get relicensed following a                                                               
driver's license revocation.                                                                                                    
                                                                                                                                
MS.  MESSICK,   to  address  the  perceived   problem,  suggested                                                               
deleting  the words,  "after the  person  regains the  privilege"                                                               
from proposed  AS 28.35.030(b)(1)(A),  and inserting  instead the                                                               
words, "anytime a  person drives or operates a  motor vehicle and                                                               
for a  period of six  months after  they regain the  privilege to                                                               
drive".   In  response to  comments, she  reiterated her  concern                                                               
that as currently written, SB  239 provides DUI offenders with an                                                               
incentive   to   not  comply   with   the   laws  regarding   the                                                               
reinstatement of their privilege to  drive.  Instead, she opined,                                                               
the  bill  should  be  written  in such  a  way  that  those  DUI                                                               
offenders who do  attempt to comply with those  laws are rewarded                                                               
- particularly given  that such compliance can be  expensive - or                                                               
at least not punished as much  as those DUI offenders who make no                                                               
attempt to comply.                                                                                                              
                                                                                                                                
CHAIR  RAMRAS surmised,  then, that  the concern  revolves around                                                               
the issue of parity for DUI offenders.                                                                                          
                                                                                                                                
2:33:22 PM                                                                                                                    
                                                                                                                                
CHRISTINE  MARASIGAN, Staff,  Senator Kevin  Meyer, Alaska  State                                                               
Legislature, on behalf of Senator  Meyer, sponsor, explained that                                                               
the  language on  page 2,  lines 18-20  and 26-28,  of Version  C                                                               
would  address the  MOA's  concern  by adding  those  who are  in                                                               
violation  of an  ignition interlock  device  requirement to  the                                                               
list  of those  who  would be  subject  to mandatory  sentencing,                                                               
fines, and  community work service  under AS 28.15.291(b).   This                                                               
would ensure  that those  who do comply  with the  laws regarding                                                               
license revocation and ignition  interlock devices are rewarded a                                                               
little bit more than those who don't.                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed an  interest in  adding those                                                               
who are convicted of criminally  negligent homicide as the result                                                               
of drinking and  driving but who aren't charged with  DUI, to the                                                               
list of offenders the bill would apply to.                                                                                      
                                                                                                                                
SENATOR MEYER  acknowledged that  he hadn't  yet focused  on such                                                               
offenders.                                                                                                                      
                                                                                                                                
MS.  MARASIGAN, on  the issue  of adding  others to  the list  of                                                               
offenders the bill would apply  to, mentioned that New Mexico had                                                               
to create a  fund to pay for ignition  interlock devices, whereas                                                               
SB 239,  in contrast,  would allow  a DUI  offender to  apply the                                                               
cost of an  ignition interlock device towards  the fines imposed.                                                               
She surmised that  to add other, more serious crimes  to the bill                                                               
would be moving away from the  realm of fines provided for in the                                                               
DUI statutes.                                                                                                                   
                                                                                                                                
SENATOR  MEYER  indicated that  he  was  amenable to  researching                                                               
Representative Gruenberg's  suggestion further, but  would prefer                                                               
to address such people via other legislation.                                                                                   
                                                                                                                                
MS.  MARASIGAN, on  the issue  raised by  Mr. Fink  regarding DUI                                                               
offenses that don't involve alcohol,  acknowledged that such is a                                                               
problem, and  suggested that one  way to  address it would  be to                                                               
alter the  proposed language on page  4, line 28-29, and  page 6,                                                               
lines  6-7,  such  that  it  would only  preclude  a  judge  from                                                               
suspending the  requirement for an  ignition interlock  device in                                                               
DUI cases  involving alcohol.   With regard  to the issue  of DUI                                                               
cases   that  don't   involve   automobiles,   she  offered   her                                                               
understanding  that   although  the  technology  exists   to  put                                                               
ignition interlock devices on other  types of motorized vehicles,                                                               
the  statutory  definition  regarding what  constitutes  a  motor                                                               
vehicle would have to be revisited.                                                                                             
                                                                                                                                
REPRESENTATIVE  HOLMES expressed  an interest  in addressing  the                                                               
issue of DUI cases that  don't involve alcohol, surmising that to                                                               
require the installation of an  ignition interlock device in such                                                               
cases serves no purpose.                                                                                                        
                                                                                                                                
The committee took an at-ease from 2:43 p.m. to 2:45 p.m.                                                                       
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on SB 239.                                                                                     
                                                                                                                                
2:46:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES   made  a   motion  to   adopt  Conceptual                                                               
Amendment 1, to  add the words "for  alcohol-related offenses" to                                                               
page 4, line 29, and to page 6, line 7, after the word "device".                                                            
                                                                                                                                
CHAIR RAMRAS objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE HOLMES  explained that under  Conceptual Amendment                                                               
1, the court  would be precluded from  suspending the requirement                                                               
for an  ignition interlock  device only in  those DUI  cases that                                                               
involve alcohol.                                                                                                                
                                                                                                                                
CHAIR RAMRAS removed his objection,  and, after ascertaining that                                                               
there  were  no  further objections,  announced  that  Conceptual                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
SENATOR MEYER indicated approval of Conceptual Amendment 1.                                                                     
                                                                                                                                
2:48:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to report  the  proposed  House                                                               
committee  substitute  (HCS)  for   CSSB  239(JUD),  Version  26-                                                               
LS1210\C, Luckhaupt,  4/7/10, as  amended, out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  HCS CSSB  239(JUD) was  reported from                                                               
the House Judiciary Standing Committee.                                                                                         

Document Name Date/Time Subjects
01 SB239 Proposed CS version C.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
02 SB239 Sponsor Statement.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
03 SB239 LAW 0 fiscal note.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
04 SB239 ADM 0 Fiscal note.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
05 SB239 JUD CS version P.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
06 SB239 legal opinion 3.12.10.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
07 SB239 Back up.pdf HJUD 4/12/2010 1:00:00 PM
SB 239
01 SB 244 sponsor statement[1].pdf HJUD 4/12/2010 1:00:00 PM
SB 244
02 SB244 Bill STA CS version C.pdf HJUD 4/12/2010 1:00:00 PM
SB 244
03 SB0244-1-1-021210-GOV-N.pdf HJUD 4/12/2010 1:00:00 PM
SB 244
04 SB244 AAM - Travel[1].pdf HJUD 4/12/2010 1:00:00 PM
SB 244
01 HB 423 Sponsor Statement.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
02 HB423 CS HB423(HSS) version E.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
03 HB423 Explanation of Changes from HB 423 Version R to the HHSS CS.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
HB423CS(HSS)-LAW-CIV-04-10-10.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
05 HB4234 Congressional Research Service Constitutional Questions.pdf HJUD 4/12/2010 1:00:00 PM
HB4234
06 HB423 Goldwater Institute Q-A.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
07 HB423 13 AG Complaint in Fed Court.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
08 HB423 public signatures.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
09 HB423 MO Lt Governor Press Release.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
10 HB423 Supreme Court Syllabus.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
11 Hb423 news articles-Health Freedom Act.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
12 HB423 VA lawsuit.pdf HJUD 4/12/2010 1:00:00 PM
HB 423
HB423 AMENDMENT 1 to CS HB 423 (HSS).pdf HJUD 4/12/2010 1:00:00 PM
HB 423
HB423 AMENDMENT 2 to CS HB 423 (HSS).pdf HJUD 4/12/2010 1:00:00 PM
HB 423