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.