HOUSE BILL NO. 4 An Act relating to offenses involving operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage or controlled substance; relating to implied consent to take a chemical test; relating to registration of motor vehicles; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date. REPRESENTATIVE NORMAN ROKEBERG commented that Alaska has one of the toughest drunk driving laws in the United States, but many of drunk drivers are not getting the message. The proposed legislation would create the toughest set of driving under the influence laws in the country. He added that poor judgment and chemical dependency are the primary causes of habitual drinking and driving. Those people kill, injure and maim Alaskans causing untold grief, pain and suffering and economic loss. Estimates show that the average 1998 alcohol-related fatality in Alaska cost $5.1 million dollars, while the average 1998 injured survivor experienced approximated $126,000 in costs. He noted that those figures had been made available from the Public Services Research Institute and were produced under a National Highway Traffic Safety Administration partners with the Progress Cooperative Agreement. The figures are for Alaska. Representative Rokeberg added that the legislation would increase fines and jail time. The bill would: · Lower the blood alcohol content limit from .10 to .08; · Mandate treatment for prisoners; · Delete the five-year look-back provision while phasing a ten-year look-back; · Require immobilization or forfeiture of the vehicle on the second offense; · Forfeiture on third and subsequent offenses; · Require seizure of license plates; · Increase fees, fines, and cost caps in various areas of the law to enhance revenue to offset associated costs. Representative Rokeberg stated that HB 4 contains both the "stick" (punitive revision of law) in the House Majority's alcohol package and the "carrot" (flexibility for the judicial system to in giving out sentences and fines). The bill has several enhancements for the treatment of offenders. Enactment of the legislation would send a strong and clear message to "Not Drink and Drive". He noted that the fiscal impact was significant and urged support of the legislation. Representative Davies noted that Section 8 would change "intoxicated" to "under the influence of". He voiced concern that language could create a "loop-hole". Representative Rokeberg explained that consideration had been made in the House Judiciary Committee. He believed that the change was appropriate. He acknowledged that the net had been expanded. Representative Croft asked where the definition of intoxicated had previously been located. Representative Rokeberg replied that it was placed in Section 28, Page 16. Representative Davies stated that he would be more comfortable with a definitional clause being included which would identify "those things". He reiterated his concern with creating a specific list. JANET SEITZ, STAFF, REPRESENTATIVE NORMAN ROKEBERG, pointed out that under the current statute, a person would commit a crime listed in current law under AS 28.35.03(a): "While intoxicated if they are operating while under the influence of intoxicating liquor or any controlled substance". The expanded language would extend it to "under the influence of an alcoholic beverage, inhalant or controlled substance" and lowering the alcohol level to .08. Vice-Chair Bunde questioned that in expanding the definition of "driving while under the influence", would any person then, using any alcohol at all, be guilty. Representative Rokeberg replied that the bill establishes the blood alcohol content baseline. Vice-Chair Bunde voiced concern that even a tablespoon of alcohol would enter the blood stream. Representative Rokeberg explained that it was a matter of semantics. Vice-Chair Bunde discussed that even a responsible drinker could be "under the influence". Representative Rokeberg stated that there would have to be a certain level present for that indication. Vice-Chair Bunde questioned if there would be an increase of arrest when the blood alcohol amount was changed. Representative Rokeberg responded that there could be as much as a 10% increase. He added that the standards for apprehension would be provided and that there would need to be "probable cause" for the pull over. He believed that the number of arrests would be lower than projected by the Department and recommended that the Committee adopt the fiscal note which reflects only a 5% increase. Vice-Chair Bunde agreed that the public is concerned about the serious crimes associated with drunk driving. If there was an increase in drunk driving arrests, that would result from action taken by the Legislature. Representative Rokeberg pointed out that the bill would have substantial impact to current law. Representative Rokeberg reiterated the reasons for sponsoring the proposed legislation. He argued that the bar was not being lowered. Vice-Chair Bunde responded that the net was being widened, and stressed that would not impact behavior. Representative Croft asked the location of the impairment statute. Ms. Seitz replied that it was housed in Section 49, Page 31. Representative Croft questioned the chemical levels for controlled substances. He asked if case law had been well defined. Representative Rokeberg commented that there are occasional cases in current statute. Vice-Chair Bunde referenced the penalty phase. He asked about "probable cause" and impounding of the vehicle at that time. Representative Rokeberg replied that there would be no forfeiture until after the court hearing. For the public safety, there would be an immediate vehicle impoundment. The bill provides for a seizure of the license plate. Within seven days, there would have to be an administrative hearing. He pointed out that forfeiture was at the discretion of the third offense. Vice-Chair Bunde questioned if forfeiture would expand to all motorized vehicles. Representative Rokeberg replied that the bill would include all vehicles including watercraft and airplanes. Vice-Chair Bunde stated that he supported taking the license plates from the cars. He maintained that it would be difficult to know if a person was driving without a license, however, it is more visibly obvious if they are driving without a license plate. He questioned the interim step before conviction. Representative Rokeberg responded that testimony had not been received regarding that issue yet. Representative Lancaster asked if controlled substance would include prescription drugs or medication. Representative Rokeberg replied that it would not unless it was statutorily listed. He added that if a person was impaired while driving because being under the influence of any drug, would be determined by the police officer. Representative Lancaster discussed that under current law, the person would have had to commit a crime before they were charged. Representative Rokeberg suggested that the Committee adopt a lower fiscal note. Vice-Chair Bunde MOVED to ADOPT Amendment #1. [Copy on File]. Co-Chair Williams OBJECTED for discussion purposes. Representative Rokeberg explained that the amendment would change the fiscal notes. Representative Whitaker asked if there was data available to back up the fact that the change would be a fair reflection of the true costs. Representative Rokeberg responded that the amendment would only be a reduction to the fiscal notes. Representative Davies voiced concern with making that change. He advised that the information from which the change was based was a simplistic assumption. He pointed out that other states have indicated that there have been substantial increases in arrests and fatalities. He recommended that the Committee hear testimony from each of the departments affected by the change. Representative Rokeberg responded that his office had looked into the crime thoroughly, advising that it would be difficult to look into a one to one comparison. He referenced the enclosed fiscal changes to the bill. Representative Davies acknowledged that the change would signal a message regarding drunk driving behavior to the public. Also, he pointed out that this is the House Finance Committee and that it is the place where the fiscal impacts should be thoroughly discussed and determined. Representative Croft echoed Representative J. Davies' concern regarding departmental testimony on the fiscal notes. He asked, under the higher standards, what would the proposed changes be. He noted that there would be more tests in lowering the standards. Representative Croft stressed that if the Legislature is proposing the change, the funding must accompany implementing it. Vice-Chair Bunde suggested that the departments would do what needs to be done if the legislation is made into law. He added that the note would not keep the changes in law from going into effect. He added, then that the department could request supplemental funding. ELMER LINDSTROM, SPECIAL ASSISTANT TO THE COMMISSIONER, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, made comments to the fiscal note. He stressed that it was imperative to consider the Memo dated March 21, 2001, from the Department to Representative Rokeberg regarding treatment for the proposed concerns. He stressed the wait listed associated with treatment. He noted that no one on the Committee should assume that any given person convicted of a Drinking While Intoxicated (DWI) charge, might be able to participate in treatment, as it may not be available. There are waiting lists throughout the State for outpatient treatment and those waiting lists greatly understate the real demand for treatment. He stressed that the Department's fiscal note number was conservative. TAPE HFC 01 - 104, Side B    Mr. Lindstrom stressed that Department of Health and Social Services is seriously struggling with the issue of drug and alcohol funding at this time. He warned that if HB 4 moves forward, the fiscal note, which has been submitted must accompany it. Recess: 9:55 A.M. Reconvene: 10:55 A.M. Representative Rokeberg indicated that he would work with the departments in order to refine the fiscal concerns. Vice-Chair Bunde MOVED to WITHDRAW Amendment #1. There being NO OBJECTION, it was withdrawn. Representative Harris MOVED to adopt Amendment #2, Page 1, Lines 1-9. There being NO OBJECTION, it was adopted. Representative Hudson MOVED to report CS HB 4 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 4 (FIN) was reported out of Committee with a "individual" recommendations and with fiscal notes #5, #6, #11, and #12 by the Department of Health & Social Services and note #16 by the Alaska Court System and new fiscal notes by the Department of Public Safety, the Department of Law, the Department of Corrections and two new notes by the Department of Administration.