05/03/2002 04:23 PM Senate FIN

     SENATE CS FOR CS FOR HOUSE BILL NO. 4(JUD)                                                                                 
     "An Act relating to motor vehicles and to operating a motor                                                                
     vehicle, aircraft, or watercraft; and providing for an                                                                     
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This  was the fifth  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Kelly  informed the Committee  that although Amendment  #18                                                            
was adopted during  the April 25, 2002 meeting, it  has been removed                                                            
from the proposed committee  substitute Version "N" currently before                                                            
the Committee as the amendment created "some problems."                                                                         
                                                                                                                                
ANNE CARPENETI, Assistant  Attorney General, Legal Services Section-                                                            
Juneau, Criminal  Division, Department of Law, stated  Amendment #18                                                            
would  create an  ambiguity in  State law.  She  explained that  the                                                            
addition  of  subsection  (s)  to  Section  33  of  the  bill  would                                                            
"inadvertently  eliminate"  felony Driving  While Intoxicated  (DWI)                                                            
charges  based  on  blood or  breath  alcohol  content  because  the                                                            
convictions  specified  in subsection  (s) are not  included in  the                                                            
felony  conviction provisions  in subsection  (n)  of the bill.  She                                                            
elaborated  that this amendment  would change  the third offense  of                                                            
driving  with a 0.04  percent or more  by weight  of alcohol  in the                                                            
person's blood  to a misdemeanor instead  of a felony, as  intended.                                                            
She exampled  that  a person  apprehended  for driving  with a  0.20                                                            
alcohol content could only  be charged with a felony offense through                                                            
subsection  (a) as  specified  in State  Statute  AS.28.35.030.  She                                                            
continued  that a court would  find for the  defendant in a  case of                                                            
ambiguity interpretation.                                                                                                       
                                                                                                                                
Co-Chair  Donley moved  for adoption  "of the 'N'  version of  House                                                            
Bill 4" as a working draft.                                                                                                     
                                                                                                                                
There being no  objections, SCS CS HB 4, 22-LS0046\N  was ADOPTED as                                                            
a working draft.                                                                                                                
                                                                                                                                
Co-Chair  Donley offered a  motion to report  "the Senate CS  for CS                                                            
for  House  Bill 4,  the  'N' version,  the  new  Finance  Committee                                                            
substitute,  from Committee  with  individual  recommendations"  and                                                            
forthcoming fiscal notes.                                                                                                       
                                                                                                                                
Co-Chair Kelly clarified  the motion as a motion to "move House Bill                                                            
4, Finance, with  individual recommendations and forthcoming  fiscal                                                            
notes with  the exception of the Department  of Law." He  stated the                                                            
Department  of Law  fiscal note  "would  be replaced  with a  Senate                                                            
Finance note dated May 3, 2002."                                                                                                
                                                                                                                                
Co-Chair Donley stated, "so moved."                                                                                             
                                                                                                                                
There being  no objections, SCS for  CS for HB 4 (FIN), 22-LS0046\N                                                             
was MOVED from  Committee with new fiscal notes from  the Department                                                            
of Law  dated  5/03/02 for  $138,000;  Division of  Motor  Vehicles,                                                            
Department  of Administration dated  5/07/02 for $59,400;  the Legal                                                            
Division, Department  of Administration dated 5/06/02  for $135,600;                                                            
the Department  of  Public Safety  dated 5/07/02  for $105,500;  the                                                            
Department of  Corrections dated 5/06/02 for $100,000;  and new zero                                                            
fiscal  notes from  the Department  of  Health and  Social  Services                                                            
dated 4/02/02 and the Court System dated 4/15/02.