CS FOR SENATE BILL NO. 224(STA) An Act relating to a minor operating a vehicle after consuming alcohol, to a minor refusing to submit to chemical tests, and to driving during the 24 hours after being cited for one of those offenses; and providing for an effective date. RICHARD SCHMITZ, STAFF, SENATOR JOHN COWDERY, explained that SB 224 would change Alaska's law to require that stiffer penalties apply to people under the legal drinking age after consuming any amount of alcohol. Under current law, a person under 21 years old, who drives with a Blood Alcohol Content (BAC) of below .08, would receive a charge of minor consuming and/or minor operating a vehicle after consuming, both of which are infractions. SB 224 applies mandatory fines and community service for minors to drive after consuming any amount of alcohol. A first-time offender faces a $500 fine, which increases to $1000 for a second offense and $1500 for additional offenses. Community service requirements increase similarly. Mr. Schmitz continued, drivers between the ages of 15 and 20 years old make up approximately 7% of the total driving population. That 7% constitutes 14% of the alcohol related fatalities. Zero tolerance laws can act as a deterrent and dramatically help change the behavior. CINDY CASHEN, EXECUTIVE DIRECTOR, MOTHER'S AGAINST DRUNK DRIVING (MADD), JUNEAU, explained that currently, teenagers are being charged with minor consuming charges. The public defenders office has indicated that passage would increase their workload. She thought that in reality, most of the minor consuming charges already have the right to a public defender, which would not significantly change. Presently, time, the fee for such a charge is usually around $250 dollars, which to the offender is a joke. Ms. Cashen commented that the BAC level usually create a raise with each charge and then the person becomes familiar with the system, becoming a high-risk driver. The bill would detour them with the first charge at $500 dollars, the second charge at $1000 dollars and the third at $1500 dollars. That would be an amount, which would affect the legal guardians, providing an opportunity for them to talk about the situation. Also, the community work service program aspect is very important, as it would force the teenager to work in a program that deals with the education of treatment and intervention of alcohol abuse. Ms. Cashen thought that it would be effective and urged that the bill pass. Representative Stoltze asked if the proposed change would alter eligibility for first time youth offenders being able to get into the Youth Corp program. Ms. Cashen understood that 14-16 year olds would no longer be eligible for that program. Representative Stoltze asked if the increase in the penalty would create any barrier to that program. Mr. Schmitz did not know, however, understood that different municipalities addressed that concern differently. Representative Stoltze asked that a more definitive answer be provided before the House Floor session discussion. Mr. Schmitz understood that the legislation would make the student ineligible for the Youth Corp program. Representative Chenault asked if the legislation would only apply to a .02 BAC. Mr. Schmitz stated that it would apply if the person had driven within a 24-hour period after drinking or consuming alcohol and that the BAC level would not be the only factor considered. There would need to be proof that the student had been consuming alcohol. Vice Chair Meyer pointed out the indeterminate fiscal notes and asked if the teenager would be eligible for a jury trial. Ms. Cashen acknowledged that was correct, pointing out that most of them are additionally charged with minor consuming, which allows that person to qualify for a jury trial. Vice Chair Meyer noted that he appreciated the community service aspect of the legislation. Representative Fate questioned if the provision would be waived if drinking were done at home with family. Mr. Schmitz replied that was not included in statute. If the person were caught drinking illegally, they would be guilty. Ms. Cashen interjected that it is legal to give your child alcohol. Representative Fate reiterated his question, asking what would happen if there was an accident. Ms. Cashen responded that they would be charged because they were a minor and operating a motor vehicle while under consumption. Representative Croft asked if the "minor" as proposed in the legislation, would be under 21 years old. Mr. Schmitz explained that had been discussed in the House Judiciary Committee and was a "term of art" and applies to drinking and driving statutes. In response to Representative Croft, Ms. Cashen added that the legislation would increase the penalties and fines and would add mandatory community work service. Representative Joule asked if the community service prevention including treatment and education would be mandatory. Ms. Cashen responded that the community service would be done through the schools, hopefully offering a variety of opportunities. Co-Chair Harris asked about the fiscal notes. Mr. Schmitz pointed out the public defender's note that MADD does not agree with. The original bill proposed a Class B misdemeanor, which subsequently was removed and however, the fiscal note did not change removing that language. Co-Chair Harris MOVED to zero out fiscal note #10. Representative Stoltze pointed out for the record that it is the opinion of MADD that action would be appropriate. Ms. Cashen acknowledged that entire court system could use more staff, however, SB 224 would not increase the Public Defender's workload to require another person. Co-Chair Harris stated that the reality is, the public defender is required by the court to represent those people and that the agency could come back to the Legislature through the supplemental budget request. He maintained that he would rather face the supplemental later than to fund it at this time. LINDA WILSON, (TESTIFIED VIA TELECONFERENCE), DEPUTY DIRECTOR, ALASKA PUBLIC DEFENDER AGENCY, DEPARTMENT OF ADMINISTRATION, ANCHORAGE, commented on the fiscal note. Currently, when a person is charged with a movack, they get their license revoked. Requiring mandatory community work service and increased graduated fines, will require more prosecution in court. For a first minor consuming charge, there would be no license action as there would be no tie in consuming with the driving. In the past, when the legislature changed the statute concerning minor consuming, calling it an infraction, the minor was not to be entitled to a court appointed council. In 2001, when that statute changed, there were 58 cases charged with a public defender for minor consuming. That number has mushroomed in 2003 to 892. There are three statutes now that have graduated sanctions and mandatory community work service. Enactment of the legislation would provide entitlement to court appointed council and a jury trial and will require a fair amount of public defenders. Changing it from a misdemeanor to an infraction does not negate the entitlement to a court appointed attorney or a jury trial because of the mandatory community work service that is part of the bill. She stressed that they will need at least one additional attorney to handle the request and she urged that the fiscal note not be zeroed out. Co-Chair Williams OBJECTED to zeroing out the note. Representative Croft added his objection to zeroing out the note, stressing that it would not be an appropriate action. He noted the usual large supplemental requests from that agency, which does not provide an accurate picture of that agency's on-going needs. Fiscal notes are provided to give the State an understanding of the costs for implementing legislation. Co-Chair Williams WITHDREW his OBJECTION to the amendment. There being NO further OBJECTION, the note was zeroed out. Representative Foster MOVED to report CS SB 224 (STA) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS SB 224 (STA) was reported out of Committee with "no recommendation" and with zero note #5 by the Department of Public Safety, indeterminate note #6 by the Alaska Court System, zero note #7 by the Department of Health & Social Services, zero note #8 by the Department of Administration, indeterminate note #9 by the Department of Administration and a new note by the House Finance Committee for the Department of Administration.