Legislature(1999 - 2000)
05/17/1999 09:25 AM Senate 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. 151
"An Act relating to revocation and reinstatement of the
driver's license of a person at least 14 but not yet 21
years of age."
CS FOR HOUSE BILL NO. 151(JUD)
"An Act relating to revocation and reinstatement of the
driver's license of a person at least 14 but not yet 21
years of age."
CS FOR HOUSE BILL NO. 151(JUD) am
"An Act relating to revocation and reinstatement of the
driver's license of a person at least 14 but not yet 21
years of age."
COREY WINCHELL, staff to Representative PETE KOTT, sponsor
of the bill was invited to join the committee. He read the
sponsor statement into the record.
Senator Leman commented. He suggested we should be speaking
to young individuals regarding the dangers of drinking. "Is
this available administratively?" Mr. Winchell said this
was discussed at length in the Judiciary committee. They
want the Court to mandate community service and it should be
left to the District court. Senator Leman said community
service should be offered as an alternative and let the
individual choose this method if they like. He said that
most young individuals would do anything to be able to drive
again. This included for school, their jobs and other
reasons.
SENATOR ROBIN TAYLOR, Chair of the Senate Judiciary
Committee was invited to join the committee. He told the
committee that he has put this bill on a personal priority.
This legislation would repeal the "use and lose" bill
presently enacted. Unfortunately, there are full-blown
alcoholics at the young age fifteen in the State of Alaska.
This problem needs to be addressed. He called the
committee's attention to page five, line sixteen and said
he had an amendment to correct this. He explained the
"Kiddie ASAP" program. He noted the high fiscal note
submitted by the department.
In further comment, he said, for instance, Public Defenders
are going to have to be appointed and this in turn is going
to cost the State more money. Ms. Carpeneti, Assistant
Attorney General, Department of Law can further testify to
this portion of the bill.
Even though this is not a priority piece of legislation it
is one that must be worked on. He referred to his amendment
and said that it would strip out the extra costs loaded on
by the department without taking away the basic matter of
the bill.
Co-chair Torgerson said he would like to see a copy of the
CS as proposed by Senator Taylor.
(Tape #144, Side A, switched to Side B at log #587.)
In conclusion, Senator Taylor said the big thing was to get
rid of the fiscal note.
ANNE CARPENETI, Assistant Attorney General, Criminal
Division, Department of Law was invited to join the
committee. Apparently what was previously enacted was not
working. The "use and lose" bill needed some fine-tuning.
They do not want to lose what tools they have already in
place.
Senator Leman said he agreed that the penalties were too
severe. Good behavior should be encouraged. Perhaps
children should be assigned into programs that already
exist. He said he did not think the matter could be
resolved this year but feels it is important enough to work
on for next year. Department of Motor Vehicles should have
the authority to give back licenses to 21-year olds who have
had no further violations.
Co-chair Torgerson asked Ms. Carpeneti to review the
proposed work draft CS as proposed by Senator Taylor and
report back this afternoon.
JUANITA HENSLEY, Director, Division of Motor Vehicles was
invited to join the committee. She said they were satisfied
with the bill and the proposed CS was acceptable. It would
also allow them to run revocations concurrent, rather than
stack them on top of each other. They do support the work
draft CS as passed out by Senator Taylor.
Senator Wilken asked the changes between "F" and "P".
(There followed a pause on record.)
Ms. Hensley advised the committee that if the proposed work
draft CS were to be adopted the fiscal note would revert to
zero.
Senator Leman was concerned about the increment staying at
thirty days. Perhaps there should be a progressive increase
in the penalty. Ms. Hensley explained the current problems
of consecutive sentences. She said there were over nine
thousand pending consecutive sentences. Ms. Hensley
explained that someone who had committed the offenses when
they were a juvenile and now were 25-year old adults had no
way of getting their license back. Some may have had as
many as eighteen pending offenses as a juvenile. She
reviewed the difference in the revocations for Anchorage,
Fairbanks and Juneau. In response to a question by Senator
Phillips she said it was not dependent on population.
Senator Leman said running the sentences concurrent was not
enough of a deterrent. The bill needs work throughout the
interim. He suggested that the department consider the
lower end regarding the first one or two violations and
perhaps the penalty be made a little stiffer.
Senator Green voiced concern over individuals having
eighteen violations. Ms. Hensley responded.
Co-chair Torgerson said he would SET ASIDE HB 151 until the
evening calendar.
ADJOURNMENT
Co-chair Torgerson recessed the committee until call of the
chair.
SFC-99 -1- 05/17/99 am
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