SB 177-DRIVING WITHOUT A LICENSE: PENALTY  3:47:20 PM CHAIR REVAK announced the consideration of SENATE BILL NO. 177, "An Act relating to driving without a license." 3:47:37 PM SENATOR PETER MICCICHE, Alaska State Legislature, Juneau, Alaska, sponsor of SB 177, described the bill as a simple cleanup. It addresses driving without a license, which HB 49 missed when it returned driving with a suspended or revoked license from an infraction to a potential class A misdemeanor. He said that omission left a significant gap for law enforcement and may encourage some less scrupulous people to never obtain a license. He said he would point out one issue after Mr. Willis presents the bill. 3:48:42 PM MICHAEL WILLIS, Intern, Senator Peter Micciche, Alaska State Legislature, Juneau, Alaska, introduced SB 177 speaking to the following sponsor statement: Senate Bill 177 seeks to resolve an inconsistency by eliminating a loophole in State law that allows two drivers who have committed nearly identical crimes to receive vastly different penalties. During the push in the first session of the 31st Legislature to improve Alaska's criminal justice laws, HB 49 included efforts to increase the consequences of driving with a suspended or revoked driver's license. However, it became clear that often individuals without current licenses had a relatively high probability of committing other crimes that were more difficult to discover due to the reduction in consequences resulting from SB 91. Although HB 49 successfully returned the consequences of driving with a revoked or suspended license to a potential Class A misdemeanor, driving without a license (when a license has never been issued) was missed in the bill. What should be a crime with equivalent punishment as that of nearly identical crimes, remains a simple violation. Under current law (AS 28.15.011) the severity of penalty for driving without a license is dependent upon whether the individual driving formerly possessed a license. If an individual operates a motor vehicle with a license that is canceled, suspended, revoked, or in violation of a limitation is potentially guilty of a Class A misdemeanor (AS 28.15.291(b)(1)). However, an individual who operates a vehicle without having any prior licensure is only guilty of a traffic infraction. This discrepancy impedes the efforts of law enforcement, is unjust, and requires immediate reconciliation. We respectfully request your support of this important legislation. 3:50:20 PM SENATOR MICCICHE advised that law enforcement has expressed concern that Section 2 could impact a youth who was caught driving without a license since a conviction could make their early driving years significantly more expensive. That is not the goal of the bill, he said. CHAIR REVAK asked if he wanted an amendment. SENATOR MICCICHE suggested the committee listen to the Department of Law before coming to a decision on whether or not to eliminate Section 2. 3:52:47 PM PETER MLYNARIK, Chief, Soldotna Police Department, Soldotna, Alaska, expressed appreciation that SB 177 closes the gap on driving without a license and concern that Section 2 would unduly impact a young person who drives without a license. These individuals would potentially have to carry the very expensive SR 22 insurance, he said. 3:55:00 PM CORNELIUS SIMS, Lieutenant, Alaska State Troopers, Department of Public Safety, Anchorage, Alaska, thanked the sponsor for introducing SB 177 to close the gap created by HB 49. He echoed Chief Mlynarik's concern that Section 2 could cause a minor who is convicted of driving without a license to be severely financially penalized once they are able to obtain a driver's license. 3:56:48 PM CHAIR REVAK opened public testimony on SB 177. Seeing none, he closed public testimony. 3:57:52 PM SENATOR WILSON asked if Ms. Schroeder could comment on Section 2 and whether or not the department supports the bill. 3:58:08 PM KACI SCHROEDER, Assistant Attorney General, Criminal Division, Department of Law, Juneau, Alaska, responded that the department is neutral on SB 177 and the policy call of whether or not Section 2 remains in the bill. She advised that she was available to answer questions. 3:58:39 PM CHAIR REVAK asked if someone who is underage could legally drive without a license on private property. MS. SCHROEDER responded that she would look that up and follow up with an answer. 3:59:07 PM SENATOR KAWASAKI asked what the maximum penalties are for a moving violation and for a class A misdemeanor. MS. SCHROEDER replied the penalty for an infraction is a fine up to $300 whereas a class A misdemeanor provides a prison term of up to one year. She pointed out that SB 177 has mandatory minimums associated with this particular class A misdemeanor. SENATOR KAWASAKI asked if she agrees that increasing the sanction to a class A misdemeanor would subject an individual who was convicted of that offense to high-risk SR 22 insurance when they are old enough to apply for a license. MS. SCHROEDER deferred to Lieutenant Sims on the insurance aspect. 4:00:51 PM CHAIR REVAK found no further questions and held SB 177 in committee for future consideration.