SENATE CS FOR CS FOR HOUSE BILL NO. 19(JUD) "An Act relating to ignition interlock devices; to limited driver's license privileges; and to ignition interlock limited driver's license privileges." 10:36:39 AM REPRESENTATIVE KEVIN MEYER, SPONSOR, provided an overview of SCS CSHB 19(JUD), which provides for an ignition interlock device for a person who has received a DUI. He detailed the penalties involved with receiving a DUI. He pointed out the potential failings of a limited driver's license. The intent of the bill is to ensure a sober driver. Representative Meyer noted that the Senate Judiciary Committee amended the bill to extend the interlock program through the probationary period of the offender. He supported the change noting it was a deterrent to repeat offenses. Similar programs implemented in other states have resulted in an up to 80 percent reduction of repeat offenses. He informed the Committee that in Alaska about 5000 DUI's are issued every year, with one-third being repeat offenders. 10:41:07 AM Co-Chair Stedman expressed concern regarding the cost of the interlock device and offenders not having funds to purchase the device. Representative Meyer acknowledged the expense and informed the Committee that the court can waive the DUI fine in lieu of purchase of the interlock device. Senator Elton questioned Section 2, which states that the courts can't enforce a municipal ordinance without a provision imposing ignition interlock devices. He wondered if an unintended consequence might be that the municipalities would let the Department of Law prosecute under state statutes rather than under municipal ordinances. If this were to occur there would be a fiscal note from the Department of Law to reflect the cost. 10:44:06 AM MIKE PAWLOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER, explained that though the state had passed ignition interlock devices for high BAC drivers, it was never recommended that the municipality pass an ordinance. Section 2 came into the bill from the Senate Judiciary Committee in the interest of consistency in statute regarding traffic offenses. He indicated that he would talk with the Department of Law regarding the issue and report back to the Committee. 10:45:00 AM Senator Dyson asked about someone who "knowingly" loans a car to someone who is court ordered to have the interlock device. Co-Chair Meyer understood that if a person knowingly allowed a person who had been convicted of a DUI to drive their car, the owner of the car is at fault. Senator Dyson asked if a person convicted of a DUI gets a mark on their driver's license. Representative Meyer confirmed that they would. Senator Dyson questioned the sections regarding the forfeiture of a vehicle. 10:48:08 AM Co-Chair Stedman noted that the bill is in its first hearing and there will be an opportunity for members to get questions and concerns answered by the sponsor. Senator Elton asked why the bill would only apply in certain communities and opined that if the issue is a matter of public safety, it should apply to all communities. Representative Meyer said it would be the intent to apply the interlock device requirement statewide. He explained that changes were made in Senate Judiciary making exceptions for those areas that aren't required to have insurance. He added that vendors are willing and able to install the interlock device to any car, anywhere, throughout the state. 10:49:53 AM Mr. Pawlowski said he would provide the list of communities published by the Department under AS 28.22.011(b) referenced in Section 7. Senator Thomas noted the potential loophole between what the court orders and how the Division of Motor Vehicles responds, in terms of returning the license to the offender. They may fulfill the requirements of the court order, but then there may be a problem of getting the license back. 10:51:21 AM Co-Chair Stedman listed the fiscal notes: a zero note from the Department of Transportation and Public Facilities, an indeterminate note from the Department of Corrections, and a note from DMV for $76,000 for one new position. 10:53:03 AM JULIE CLEMENTS, DIRECTOR OF STATE LEGISLATIVE AFFAIRS, MADD testified via teleconference in support of SCS CSHB 19. The goal for MADD is to have ignition interlock devices stipulated in law for convicted offenders. The organization would ultimately like a mandate for anyone convicted of a DUI with a .08 BAC or higher to be required to use an ignition interlock device. She listed studies to back up MADD's view. 10:57:50 AM DALE FOX, PRESIDENT, CEO, CHARR testified via teleconference in support of SCS CSHB 19. He related that 65 percent of highway fatalities are committed by those with 1.5 blood alcohol and above, and by those who have committed multiple DUI's. He suggested one small change to the bill: to have the hardcore, repeat offenders be required to use the ignition interlock device. He thought that first timers should be excluded from the provision. 11:00:17 AM NARDA BUTLER, DOUGLAS, explained that there is a significant amount of data that proves the effectiveness of the devices. She purported that the bill is not about punitive sanctions, but rather an issue of public safety. She outlined specific changes and suggested removal of the words "during probation". She questioned if the bill would address the population of individuals most recently convicted of driving with a license revoked or suspended subsequent to a DUI. She suggested a performance-based exit and to include felons. 11:07:33 AM RODNEY HEBERT, TANANA, testified that the bill only covers misdemeanors, not felons, and felt that felons should be included in the bill. 11:13:23 AM WHITNEY BREWSTER, DIRECTOR, DIVISION OF MOTOR VEHICLES, stated that DMV does support the bill. She addressed Senator Thomas's question and said there will be no change in the coordination between the courts and DMV due to this bill. 11:15:18 AM Senator Huggins voiced concern with Section 7. He question what would happen if an offender moved to another community that was not on the list. Ms. Brewster said that the Department is in favor of the application on a statewide basis. She thought that a person who moved to an area where the device was not required would not have to comply. Co-Chair Meyer made closing comments saying he would provide answers to questions asked by the Committee. Senator Elton noted the suggestion to provide for the extension of the use of an interlock device if someone attempts to drive drunk before the end of their probation. SCS CSHB 19 (JUD) was HEARD and HELD in Committee for further consideration. 11:18:53 AM