HOUSE BILL NO. 204 "An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; and relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft." Ms. Carpeneti spoke in support of HB 204. She noted that the legislation creates three new offenses: * It establishes a "zero tolerance level" for minors who consume alcohol and operate a motor vehicle, aircraft or watercraft. The legislation created an infraction for minors operating a vehicle under the influence of alcohol, with a penalty of not more than $1,000 thousand dollars and community work service; * Creates a separate infraction for the refusal to take a breath test; * Creates an offense for operating a motor vehicle within 24 hours of having been cited for drinking and driving as a juvenile; and * Provides for administrative revocation of an operator's license or privilege to drive for having driven with any amount of alcohol for a person under the age of 21. Ms. Carpeneti maintained that the legislation was created to ensure safety. She observed that juveniles represent a higher percentage than their population group in traffic accidents and fatalities. She added that the State will loose federal highway funds if a zero tolerance bill is not passed by the fall of 1997. Ms. Carpeneti provided members with Amendment 1 (Attachment 6). She noted that Amendment 1 would correct an oversight in the legislation. She explained that the amendment would provide for an administrative revocation of an operator's 13 license after being cited for refusal to take a breath test. The amendment also provides that a person that has been cited for refusal to take a breath test may not drive for 24 hours after having been cited for the offense. Ms. Carpeneti provided members with Amendment 2 (Attachment 7). She explained that the Court ruled in Booth versus State, that the possibility of imposition of community work service on a person who is charged with an offense raises the requirement of court appointed counsel and right to a jury trial. The Department would like to litigate this ruling. She observed that the legislation provides for penalties of up to a $1,000 thousand dollar fine and community work service. She stated that the Department does not want to have to provide for court appointed counsel. The amendment would take effect upon the decision of the Court. The amendment would impose up to a $1,000 dollar fine and allow the offender to choose to work the fine off with community service. This would be contingent on the Court's final decision that the offenses being created in the bill do trigger the right to court appointed counsel and a jury trial. She further discussed the Court's ruling. She noted that the penalties were drafted to be infractions in order to not trigger the procedure safeguards due to the expense of counsel and jury trials. Ms. Carpeneti discussed other related cases. She noted that "use it and loose it" legislation passed in 1995, provided that a person under 21 who drinks automatically comes under administration revocation of a motor operator's license. This also covers the use of drugs. She noted that the Court ruled that because of the possibility of administrative revocation of a motor operator's license that this legislation would also trigger the right to counsel and a jury trial. This issue is on appeal. In response to a question by Representative Brown, Ms. Carpeneti explained that when a person is stopped for driving under the influence a citation is issued which acts as a temporary license for 7 days to allow time to appeal. The legislation provides notification that the minor is not allowed to drive for 24 hours after having received the citation. Representative Mulder MOVED to adopt Amendment 1. There being NO OBJECTION, it was so ordered. Representative Mulder MOVED to adopt Amendment 2. There being NO OBJECTION, it was so ordered. Representative Mulder MOVED to report CSHB 204 FIN) out of Committee with individual recommendations and with the 14 accompanying fiscal notes. There being NO OBJECTION, it was so ordered.