Legislature(2001 - 2002)
04/28/2001 09:10 AM House FIN
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= bill was previously heard/scheduled
HOUSE BILL NO. 4
An Act relating to offenses involving operating a motor
vehicle, aircraft, or watercraft while under the
influence of an alcoholic beverage or controlled
substance; relating to implied consent to take a
chemical test; relating to registration of motor
vehicles; relating to presumptions arising from the
amount of alcohol in a person's breath or blood; and
providing for an effective date.
REPRESENTATIVE NORMAN ROKEBERG commented that Alaska has one
of the toughest drunk driving laws in the United States, but
many of drunk drivers are not getting the message. The
proposed legislation would create the toughest set of
driving under the influence laws in the country.
He added that poor judgment and chemical dependency are the
primary causes of habitual drinking and driving. Those
people kill, injure and maim Alaskans causing untold grief,
pain and suffering and economic loss. Estimates show that
the average 1998 alcohol-related fatality in Alaska cost
$5.1 million dollars, while the average 1998 injured
survivor experienced approximated $126,000 in costs. He
noted that those figures had been made available from the
Public Services Research Institute and were produced under a
National Highway Traffic Safety Administration partners with
the Progress Cooperative Agreement. The figures are for
Alaska.
Representative Rokeberg added that the legislation would
increase fines and jail time. The bill would:
· Lower the blood alcohol content limit from
.10 to .08;
· Mandate treatment for prisoners;
· Delete the five-year look-back provision
while phasing a ten-year look-back;
· Require immobilization or forfeiture of the
vehicle on the second offense;
· Forfeiture on third and subsequent offenses;
· Require seizure of license plates;
· Increase fees, fines, and cost caps in
various areas of the law to enhance revenue
to offset associated costs.
Representative Rokeberg stated that HB 4 contains both the
"stick" (punitive revision of law) in the House Majority's
alcohol package and the "carrot" (flexibility for the
judicial system to in giving out sentences and fines). The
bill has several enhancements for the treatment of
offenders. Enactment of the legislation would send a strong
and clear message to "Not Drink and Drive". He noted that
the fiscal impact was significant and urged support of the
legislation.
Representative Davies noted that Section 8 would change
"intoxicated" to "under the influence of". He voiced
concern that language could create a "loop-hole".
Representative Rokeberg explained that consideration had
been made in the House Judiciary Committee. He believed
that the change was appropriate. He acknowledged that the
net had been expanded.
Representative Croft asked where the definition of
intoxicated had previously been located. Representative
Rokeberg replied that it was placed in Section 28, Page 16.
Representative Davies stated that he would be more
comfortable with a definitional clause being included which
would identify "those things". He reiterated his concern
with creating a specific list.
JANET SEITZ, STAFF, REPRESENTATIVE NORMAN ROKEBERG, pointed
out that under the current statute, a person would commit a
crime listed in current law under AS 28.35.03(a): "While
intoxicated if they are operating while under the influence
of intoxicating liquor or any controlled substance". The
expanded language would extend it to "under the influence of
an alcoholic beverage, inhalant or controlled substance" and
lowering the alcohol level to .08.
Vice-Chair Bunde questioned that in expanding the definition
of "driving while under the influence", would any person
then, using any alcohol at all, be guilty. Representative
Rokeberg replied that the bill establishes the blood alcohol
content baseline. Vice-Chair Bunde voiced concern that even
a tablespoon of alcohol would enter the blood stream.
Representative Rokeberg explained that it was a matter of
semantics. Vice-Chair Bunde discussed that even a
responsible drinker could be "under the influence".
Representative Rokeberg stated that there would have to be a
certain level present for that indication.
Vice-Chair Bunde questioned if there would be an increase of
arrest when the blood alcohol amount was changed.
Representative Rokeberg responded that there could be as
much as a 10% increase. He added that the standards for
apprehension would be provided and that there would need to
be "probable cause" for the pull over. He believed that the
number of arrests would be lower than projected by the
Department and recommended that the Committee adopt the
fiscal note which reflects only a 5% increase.
Vice-Chair Bunde agreed that the public is concerned about
the serious crimes associated with drunk driving. If there
was an increase in drunk driving arrests, that would result
from action taken by the Legislature. Representative
Rokeberg pointed out that the bill would have substantial
impact to current law. Representative Rokeberg reiterated
the reasons for sponsoring the proposed legislation. He
argued that the bar was not being lowered. Vice-Chair Bunde
responded that the net was being widened, and stressed that
would not impact behavior.
Representative Croft asked the location of the impairment
statute. Ms. Seitz replied that it was housed in Section
49, Page 31.
Representative Croft questioned the chemical levels for
controlled substances. He asked if case law had been well
defined. Representative Rokeberg commented that there are
occasional cases in current statute.
Vice-Chair Bunde referenced the penalty phase. He asked
about "probable cause" and impounding of the vehicle at that
time. Representative Rokeberg replied that there would be
no forfeiture until after the court hearing. For the public
safety, there would be an immediate vehicle impoundment.
The bill provides for a seizure of the license plate.
Within seven days, there would have to be an administrative
hearing. He pointed out that forfeiture was at the
discretion of the third offense.
Vice-Chair Bunde questioned if forfeiture would expand to
all motorized vehicles. Representative Rokeberg replied
that the bill would include all vehicles including
watercraft and airplanes.
Vice-Chair Bunde stated that he supported taking the license
plates from the cars. He maintained that it would be
difficult to know if a person was driving without a license,
however, it is more visibly obvious if they are driving
without a license plate. He questioned the interim step
before conviction. Representative Rokeberg responded that
testimony had not been received regarding that issue yet.
Representative Lancaster asked if controlled substance would
include prescription drugs or medication. Representative
Rokeberg replied that it would not unless it was statutorily
listed. He added that if a person was impaired while
driving because being under the influence of any drug, would
be determined by the police officer. Representative
Lancaster discussed that under current law, the person would
have had to commit a crime before they were charged.
Representative Rokeberg suggested that the Committee adopt a
lower fiscal note.
Vice-Chair Bunde MOVED to ADOPT Amendment #1. [Copy on
File]. Co-Chair Williams OBJECTED for discussion purposes.
Representative Rokeberg explained that the amendment would
change the fiscal notes. Representative Whitaker asked if
there was data available to back up the fact that the change
would be a fair reflection of the true costs.
Representative Rokeberg responded that the amendment would
only be a reduction to the fiscal notes.
Representative Davies voiced concern with making that
change. He advised that the information from which the
change was based was a simplistic assumption. He pointed
out that other states have indicated that there have been
substantial increases in arrests and fatalities. He
recommended that the Committee hear testimony from each of
the departments affected by the change. Representative
Rokeberg responded that his office had looked into the crime
thoroughly, advising that it would be difficult to look into
a one to one comparison. He referenced the enclosed fiscal
changes to the bill.
Representative Davies acknowledged that the change would
signal a message regarding drunk driving behavior to the
public. Also, he pointed out that this is the House Finance
Committee and that it is the place where the fiscal impacts
should be thoroughly discussed and determined.
Representative Croft echoed Representative J. Davies'
concern regarding departmental testimony on the fiscal
notes. He asked, under the higher standards, what would the
proposed changes be. He noted that there would be more
tests in lowering the standards. Representative Croft
stressed that if the Legislature is proposing the change,
the funding must accompany implementing it.
Vice-Chair Bunde suggested that the departments would do
what needs to be done if the legislation is made into law.
He added that the note would not keep the changes in law
from going into effect. He added, then that the department
could request supplemental funding.
ELMER LINDSTROM, SPECIAL ASSISTANT TO THE COMMISSIONER,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, made comments to
the fiscal note. He stressed that it was imperative to
consider the Memo dated March 21, 2001, from the Department
to Representative Rokeberg regarding treatment for the
proposed concerns. He stressed the wait listed associated
with treatment. He noted that no one on the Committee
should assume that any given person convicted of a Drinking
While Intoxicated (DWI) charge, might be able to participate
in treatment, as it may not be available. There are waiting
lists throughout the State for outpatient treatment and
those waiting lists greatly understate the real demand for
treatment. He stressed that the Department's fiscal note
number was conservative.
TAPE HFC 01 - 104, Side B
Mr. Lindstrom stressed that Department of Health and Social
Services is seriously struggling with the issue of drug and
alcohol funding at this time. He warned that if HB 4 moves
forward, the fiscal note, which has been submitted must
accompany it.
Recess: 9:55 A.M.
Reconvene: 10:55 A.M.
Representative Rokeberg indicated that he would work with
the departments in order to refine the fiscal concerns.
Vice-Chair Bunde MOVED to WITHDRAW Amendment #1. There
being NO OBJECTION, it was withdrawn.
Representative Harris MOVED to adopt Amendment #2, Page 1,
Lines 1-9. There being NO OBJECTION, it was adopted.
Representative Hudson MOVED to report CS HB 4 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 4 (FIN) was reported out of Committee with a
"individual" recommendations and with fiscal notes #5, #6,
#11, and #12 by the Department of Health & Social Services
and note #16 by the Alaska Court System and new fiscal notes
by the Department of Public Safety, the Department of Law,
the Department of Corrections and two new notes by the
Department of Administration.
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