Legislature(1993 - 1994)
04/19/1994 08:35 AM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 445 "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or 5 watercraft." C.E. SWACKHAMMER, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY stressed that the legislation addresses the high rate of alcohol and drugs involved in state accidents. He noted that Alaska is number two in the nation in terms of alcohol related traffic crashes. He explained that HB 445 changes the implied consent law to allow for chemical testing of individuals involved in fatal or serious injury accidents. In response to a question by Representative Brown, Mr. Swackhammer noted that the legislation does not increase the penalty for the crime of injuring someone. He clarified that the information will be used to identify impaired drivers that cause fatal or serious injury. He noted that currently there must be an arrest in order to obtain blood or urine. He stressed that in most serious injury or fatal accidents it is not practical for the officer to make an arrest because the state would be liable for medical costs if the person is arrested. Samples would be taken at the hospital. He explained that 95 percent of the effected persons would be in the hospital due to the nature of the accident. In most cases the blood or urine would be already drawn. The legislation would provide access to the samples. Representative Martin referred to section one. JUANITA HENSLEY, DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF PUBLIC SAFETY clarified that section one is existing statute allowing administrative license revocation for a person who takes the breath test and goes 1.0 or greater, or for those that refuse the test under the implied consent law. Representative Grussendorf referred to page 4, lines 22 to 31. He expressed concern with self incrimination. Ms. Hensley observed that other states have similar laws. She added that existing statutes allow the automatic drawing of blood if a person is unconscious. She stressed that the legislation would only effect serious injury or fatal accidents. She explained that if an individual refuses they will be subject to the same penalties as an intoxicated driver. In response to a question by Representative Brown, Mr. Swackhammer stated that the use of drugs or controlled substances are not easy to detect during investigation. Representative Navarre clarified that the accident would provide reasonable cause. 6 In response to a question by Representative Therriault, Mr. Swackhammer explained that in the case of an arrest the Department of Public Safety can forcibly take blood samples. He reiterated that it is not practical to make an arrest because in most cases the person is hospitalized. Mr. Swackhammer assured Representative Brown, that drugs administered at the hospital would be taken into account. Co-Chair MacLean MOVED to report HB 445 out of Committee with individual recommendations and with the accompanying fiscal note. Representative Brown questioned the Department of Public Safety's fiscal note. Mr. Swackhammer acknowledged that the department would be eligible for federal funds under the enactment. He added that there would be a savings do to samples that would not be sent out for examination. There being NO OBJECTION to the motion to report HB 445 from Committee, it was so ordered. HB 445 was reported out of Committee with a "do pass" recommendation and with a fiscal impact note by the Department of Public Safety, dated 2/4/94; and with three zero fiscal notes, two by the Department of Administration, dated 2/4/94 and one by the Department of Law, dated 2/4/94.
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