04/17/2003 09:04 AM Senate FIN

                                                                                                                                
     CS FOR SENATE BILL NO. 59(JUD)                                                                                             
     "An  Act relating  to permanent  fund dividend  program  notice                                                            
     requirements  and  to  the  ineligibility  for  permanent  fund                                                            
     dividends of certain  persons sentenced for driving while under                                                            
     the   influence  of   an  alcoholic   beverage,  inhalant,   or                                                            
     controlled  substance, or for  refusal to submit to  a chemical                                                            
     test."                                                                                                                     
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken  stated this  bill,  sponsored by  Senator  Cowdery                                                            
"makes  the person  convicted  of  driving  under the  influence  of                                                            
alcoholic  beverage  or  refusal  to  submit  to  a  chemical  test,                                                            
ineligible for a permanent  fund dividend for the qualifying year in                                                            
which he or she was convicted.                                                                                                  
                                                                                                                                
CRYSTAL  MOORE, Staff  to Senator  Cowdery, testified  this bill  is                                                            
identical  to SB 58 with  the exception that  it applies to  Driving                                                            
Under the Influence (DUI)  offenses rather than uninsured motorists.                                                            
She noted that  after the first offence,  the dividend it  forfeited                                                            
for one  year, and following  subsequent  offenses, the dividend  is                                                            
denied for five years.                                                                                                          
                                                                                                                                
Senator Cowdery  reiterated his earlier comments to  SB 58 stressing                                                            
they apply  to this legislation  as well:  "Nobody is going  to lose                                                            
anything  unless they're caught".  He added  that the provisions  in                                                            
both bills are not retroactive.                                                                                                 
                                                                                                                                
LANDA BAILY, Special  Assistant and Legislative Liaison,  Department                                                            
of Revenue  stated the  intent of  this bill is  "to deter  specific                                                            
conduct that we as a society  absolutely do not condone." She opined                                                            
that any policy intended  to deter driving while under the influence                                                            
is of "critical  importance to the State of Alaska,  to everyone who                                                            
lives here." She  repeated that her comments are not  intended to be                                                            
oppositional, rather informational.                                                                                             
                                                                                                                                
She again reported  that the Child Support Enforcement  Division was                                                            
one of the  top ten garishers of the  permanent fund dividend  in FY                                                            
01.  She elaborated that  the Division submitted 12,821 records with                                                            
10,448 requests  paid, amounting  to $12,846,911.89  for  delinquent                                                            
child support  payments. She  estimated that  one to ten percent  of                                                            
those records could be impacted by this legislation.                                                                            
                                                                                                                                
Ms. Baily repeated her  caution that the Division would be unable to                                                            
access the "offending parent's"  permanent fund dividend in order to                                                            
pay  child  support   arrearages,  which  would  be  an   unintended                                                            
consequence of this legislation.                                                                                                
                                                                                                                                
Senator Cowdery  asserted that most Driving While  Intoxicated (DWI)                                                            
offenders  honor their obligations  to their  family. He was  unsure                                                            
how to address those that do not.                                                                                               
                                                                                                                                
Senator Taylor  asked if this legislation  requires a conviction  of                                                            
DUI or rather an arrest or refusal to submit to a chemical test.                                                                
                                                                                                                                
Senator Cowdery  assumed a conviction  would be required  before the                                                            
legislation would apply.                                                                                                        
                                                                                                                                
Senator Taylor  noted that  when a motorist  refuses to submit  to a                                                            
chemical   test,   the  driver's   license   is  suspended   as   an                                                            
administrative action.                                                                                                          
                                                                                                                                
Co-Chair Wilken  asked if the intent  is to deny a dividend  only in                                                            
instances  of a conviction  and not  in the case  of a motorist  who                                                            
refuses to submit to a chemical test.                                                                                           
                                                                                                                                
Senator Cowdery  understood that a  refusal to submit to  a chemical                                                            
test is the same as a conviction.                                                                                               
                                                                                                                                
Senator Taylor  corrected that these  are separate crimes,  although                                                            
the penalties are the same.                                                                                                     
                                                                                                                                
Co-Chair Wilken  noted several of the questions posed  to SB 58 also                                                            
apply to this bill and would be addressed at a later date.                                                                      
                                                                                                                                
Senator Bunde  posed a  scenario of an  uninsured motorist  arrested                                                            
for DWI and asked  if the offender would be denied  a permanent fund                                                            
dividend to two years given the two offenses.                                                                                   
                                                                                                                                
Senator Olson  asked if the  provision of  this bill would  apply to                                                            
operators of boats, off-road vehicles, etc.                                                                                     
                                                                                                                                
Senator  Cowdery expressed  his intent that  this legislation  would                                                            
apply only  to vehicles traveling  on publicly maintained  roadways.                                                            
He  stated  he  does  not  intend  the  bill  to  impact  pilots  or                                                            
watercraft operators.                                                                                                           
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.