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." This was the first hearing for this bill in the Senate Finance Committee. Co-Chair Wilken noted that the Senate State Affairs (STA) committee substitute, Version 23-LS1037\B, would stiffen the penalties and fines for minors, those under the age of 21, who drive while having a blood alcohol content (BAC) of .02 or higher. He stated that ten fiscal notes accompany the bill. RICHARD SCHMITZ, Staff to Senator John Cowdery, the bill's sponsor, commented that this legislation was developed to address situations in which minors consume alcohol and drive. Continuing, he stated that minors who consume alcohol and drive with a BAC of .02 percent or higher would be charged with an infraction whereas individuals, age 21 and older who drive with a BAC of .08 percent or higher, would be charged with Driving While Intoxicated (DWI), a misdemeanor. He stated that under this bill, minors would also receive mandatory community service time and increased fines at three separate levels dependent on whether the offense is repeated. He stated that this legislation would acknowledge federal law that does not allow minors to be incarcerated for "a status offense" which is an offense that, dependent on your age, would be legal or illegal. DWI, he stated is a "status offense" in that it is illegal for a 20-year old to consume alcohol, but is legal once that person turns 21 years of age. Co-Chair Wilken asked whether the Sponsor Statement is applicable to Version "B." Mr. Schmitz responded that the Sponsor Statement is not current as it refers to the proposed penalty as being a Class B Misdemeanor rather than an infraction as specified in the Version "B" committee substitute. Co-Chair Wilken asked that an updated Sponsor Statement be provided. CINDY CASHEN, Executive Director, Mothers Against Drunk Driving (MADD), Juneau Chapter, spoke on behalf of Juneau and four other State MADD chapters. She noted that, in this situation and contrary to MADD's traditional position of supporting Misdemeanor penalties for DUIs, MADD supports the proposed infraction penalty because of the community work service and fine structure that accompanies the bill. She noted that a result of law enforcement efforts to apprehend more people who drive while intoxicated, there has been an increase in the number of arrests of minors operating vehicles after consuming (MOVAC). Court monitoring conducted by MADD, she noted, has observed that this increase in DUI cases has created a bottleneck in the Court System, which has "unfortunately" resulted in numerous MOVAC arrests being delayed, pled down, or dismissed, and the process, she attested, has become considered "a joke" by teenagers and has not served as an incentive to stop drinking and driving. She stressed that the sooner the Court processes MOVACs, the better, as the youth, at that time, "are more contrite and aware of they did screw up, and that they need to figure out what they need to do in the future." Ms. Cashen stated that by "substantially" increasing the fine and requiring community work service, this bill would be effective. She noted that community work service has seldom been required in the past; however, she opined that it would make a difference and that this legislation would move the MOVACs through the system faster. Senator Bunde asked whether the increased fine levels would generate sufficient revenue to warrant the increased expenses reflected in the Public Defenders Agency fiscal note. Ms. Cashen responded that youth currently have a right to a Public Defender; therefore, she declared that MADD does not believe that this bill would incur additional expense to the Agency as "nothing is going to change." Co-Chair Wilken asked the Agency to expound on the need to increase Public Defender Agency staff by one. BARBARA BRINK, Director, Public Defender Agency, Department of Administration, testified via teleconference from an offnet site and commented that the Agency's fiscal note was calculated based on Division of Motor Vehicles' projections of minor drivers who are "processed for administrative driver license revocations who are not currently charged with operating a motor vehicle after consuming." "Respectfully disagreeing" with the sponsor and MADD, she stressed that this is a criminal offense and that classifying it as an infraction rather than a misdemeanor would not negate the need for a jury council or legal counsel. Continuing, she stressed that additional staff would be required as an increase in cases involving juveniles charged with these offenses would result. She also noted that District Court judges rather than magistrates would be required to hear these cases, and she stressed that it is difficult to predict how many cases would be processed. Ms. Brink agreed that the increased penalties would assist in decreasing the number of minors who choose to drink and drive. She clarified for the Committee that any minor with a BAC of .08 percent or higher would be charged with Driving Under the Influence. She reminded the Committee that the Agency experienced a tremendous caseload increase when the penalties for Minor Consuming (MC) were increased several years ago. She stated that, while this bill would be effective, "Justice comes at a price." Ms. Cashen reiterated that rather than increasing the number of youth processed for MOVAC, this legislation would move those charged through the system quicker, and as a result, would make the process "easier." Co-Chair Wilken thanked MADD for the efforts it exerts regarding drunk driving issues. AT EASE 10:39 AM / 10:40 AM DON SMITH, Administrator, Alaska Highway Safety Office, spoke in support of the bill. Co-Chair Green moved to report the bill from Committee with individual recommendations and accompanying fiscal notes. There being no objection, CS SB 224(STA) was REPORTED from Committee with zero fiscal note #5, dated April 27, 2004 from the Department of Public Safety; indeterminate fiscal note #6, dated April 28, 2004 from the Alaska Court System; zero fiscal note #7, dated April 28, 2004 from the Department of Health and Social Services; zero fiscal note #8, stated April 29, 2004 from the Division of Motor Vehicles, Department of Administration; indeterminate fiscal note #9, dated April 29, 2004 from the Office of Public Advocacy, Department of Administration; and $134,700 fiscal note #10, dated April 28, 2004 from the Public Defender Agency, Department of Administration.