Legislature(1993 - 1994)
05/03/1993 02:50 PM Senate FIN
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 136(FIN) An Act relating to revocation of and limitations on a driver's license; to the offenses of driving while intoxicated and refusal to submit to a breath test; imposing a limited license fee; amending Alaska Rule of Civil Procedure 32(b); and providing for an effective date. Co-chair Pearce directed that CSHB 136 (Fin) be brought on for discussion. PAULA CONRU, aide to Representative Mulder, came before committee. She explained that the bill derives from Alaska Sentencing Commission recommendations for use of alternative sentencing. The purpose of the bill is two- fold: 1. To crack down on DWI offenders by offering more serious immediate punishment. 2. To relieve some of the financial burden of incarceration by requiring that offenders pay up to $1,000 of the cost of their incarceration. The bill would require first and second-time DWI offenders and those who refuse to submit to a breath test to serve time in community residential centers and perform community work service while at the center. The bill also requires that all DWI offenders pay for the cost of their incarceration. Unpaid costs may be collected from the offender's permanent fund dividend check. The cost of incarceration, as defined in the bill, will be a uniform average cost as determined and prescribed by regulations from the Dept. of Corrections. All prisoners will pay the same rate no matter where they are incarcerated. Ms. Conru pointed to provisions dealing with limitations on individual driver's licenses and noted that, under current law, a person with up to six DWI offenses may obtain a limited license. The proposed bill restricts that ability to first offenders only. Those who refuse to submit to breath tests would not qualify. An application fee of $100 would be levied for a limited license. Ms. Conru noted support from the Dept. of Law, Dept. of Public Safety, and Dept. of Corrections. DANA LA TOUR, Special Assistant, Dept. of Corrections, came before committee in response to a question from Co-chair Frank regarding the department's $1,043.6 fiscal note. She advised that projected funding represents program receipts derived from incarceration payments made by offenders to cover the cost of their care. Ms. LaTour directed attention to page two of the fiscal note and referenced formulas used to develop the $1,043.6 figure. She said that the proposed bill is not expected to result in a change in the number of convictions. It will merely make offenders pay for the cost of their incarceration. The department will, in turn, utilize payments to purchase community residential center beds for DWI offenders. Senator Rieger asked if the amount established as the uniform cost of bed space would include the cost of indigents unable to pay. Ms. LaTour advised that the Commissioner could take that cost into consideration. Co-chair Pearce called for additional testimony. None was forthcoming. She then queried members regarding disposal of the bill. Senator Sharp MOVED that SCS CSHB 136 (HES) pass from committee with accompanying fiscal notes. No objection having been raised, SCS CSHB 136 (HES) was REPORTED OUT of committee with the following fiscal notes: Law 0 Public Safety (Drivers) 0 $108.0 revenue Public Safety (Troopers) 0 Administration (Public Advocacy) 0 Administration (Defender) 0 Corrections $1,043.6 Co-chairs Pearce and Frank and Senators Rieger and Sharp signed the committee report with a "do pass" recommendation. Senator Jacko signed "no rec." Senators Kelly and Kerttula had left the meeting and did not sign.