SENATE BILL REPORT
SB 6710
BYSenators West, Kreidler, McDonald, Thorsness, Nelson, Stratton and Saling
Providing for the prevention of alcohol and drug-related illness and injury.
Senate Committee on Health & Long-Term Care
Senate Hearing Date(s):February 1, 1990
Majority Report: That Substitute Senate Bill No. 6710 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.
Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Wojahn.
Minority Report: Do not pass.
Signed by Senator Niemi.
Senate Staff:Gregory M. Miller (786-7784)
February 9, 1990
AS REPORTED BY COMMITTEE ON HEALTH & LONG-TERM CARE, FEBRUARY 1, 1990
BACKGROUND:
Alcohol-related traffic deaths and injuries are a major, continuing epidemic, declared one of the nation's leading public health problems in 1989 by Surgeon General Koop. Alcohol-related deaths are the number one cause of death in the 16-24 year-old age group. In 1988, 433 people died from alcohol-related traffic accidents in Washington, 288 of whom were people under the age of 24. The number of deaths from homicides for all ages in Washington was 220 in 1986. Another 13,724 persons were injured in alcohol-related traffic accidents in Washington in 1988, 20 percent of whom received disabling injuries.
The Surgeon General's national workshop on drunk driving made recommendations for attacking drunk driving by public health methods including identification and assessment, immediate intervention, treatment, prevention and education. Two specific recommendations are sobriety checkpoints and administrative revocation of licenses on arrest for drunk driving. Sobriety checkpoints must be consistent with court decisions from other states approving checkpoints under the federal Constitution and with Justice Dolliver's concurring opinion in Seattle v. Mesiani, 110 Wn.2d 454 (1988), which outlines the requirements for a sobriety checkpoint statute under the Washington Constitution. The case struck as unconstitutional Seattle's checkpoint program that was not based on a statute or ordinance. Administrative revocation of license programs have been adopted in at least 24 other states.
SUMMARY:
The Interagency Drug Coordinating Council in the Pharmacy Board is reauthorized and modified to address abuse of alcohol and other drugs. It is moved to the Department of Health in a center for health promotion and disease prevention. The council will coordinate state resources and efforts to assist local communities in prevention and intervention strategies related to alcohol and drug abuse and misuse. It will identify the scope of the substance abuse problem in the state and develop state strategies for intervention, treatment and prevention.
Fixed sobriety checkpoints are authorized pursuant to a judicial warrant based on a showing: of sufficient incidence of drunk driving in the specific location to maximize the potential contact with drunk drivers; that there are proper safety and staffing provisions, including a nondiscretionary basis for stopping oncoming traffic; that the checkpoints will be conducted only between 9 p.m. and 3 a.m.; that there is a plan for at least four days advance publicity of the time and place of the checkpoints; that no checkpoint will be conducted on interstate highways; and that no checkpoint will be located close to other checkpoints so that the public is unduly inconvenienced.
The administrative revocation of drivers' licenses upon arrest for driving while intoxicated is authorized. The driver's license is confiscated at the scene upon a test showing 0.10 percent blood alcohol level or the driver's refusal to take a sobriety test. A 30 day temporary permit is issued when the license is confiscated. The Department of Licensing formally revokes the license in 30 days unless the driver requests a hearing within five days and establishes there is no proper basis for the revocation. The driver may challenge the department's administrative action in superior court but there is no stay of the revocation pending resolution of the challenge. The penalties: for a first offense, suspension of the license for the longer of 90 days or until the driver reaches age 19; for second offenses within five years, one year revocation; for a third offense within five years, two years revocation. First offenders who refuse a sobriety test have their license revoked for one year. For a second or subsequent refusal of a sobriety test within five years the license is revoked or denied for two years. These provisions take effect July 1991.
The Traffic Safety Commission will study the effectiveness of the current deferred prosecution program as related to alcoholism and report to the Governor and Legislature one year from the date of enactment. The commission will study the effectiveness of the entire act and report to the Governor and Legislature by December 31, 1993.
EFFECT OF PROPOSED SUBSTITUTE:
Reauthorization and modification of the Pharmacy Board's Interagency Drug Coordinating Council is deleted and instead a cabinet level coordinating committee on alcohol and substance abuse is created with specific agency representation. The committee provides for coordination of and exchange of information among state agencies for all programs related to alcohol and substance abuse and meets at least four times annually. It reports findings on the current state of the substance abuse problem to the Governor and Legislature biennially beginning September 1, 1990 and advises the Governor on state strategies on substance abuse. The Governor must establish and annually update a comprehensive state strategy to reduce substance abuse through prevention, treatment, and enforcement. The Governor is authorized to appoint a council on substance abuse with defined community-based representation. The council shall advise the Governor on the comprehensive state strategy and on strategies that support community efforts, public awareness, and education. The Governor is authorized to transfer or delegate any of his duties to any appropriate operating agency. These provisions sunset June 20, 1995, subject to sunset review.
The sobriety checkpoint authorization is deleted.
The Washington Association of Sheriffs and Police Chiefs is directed to collect and report annually data on alcohol and drug related crimes and incidents.
The first offense suspension under the administrative revocation of licenses program is changed from 90 days to 30 days, and requires that any sentence for a criminal conviction based on the same incident give full credit for any administrative suspension.
Appropriation: unspecified
Revenue: yes
Fiscal Note: requested
Effective Date:Sections 12, 19 and 22 take effect immediately. Sections 8 through 11 and 13 through 18 take effect July 1, 1991.
Appointments by Legislature Required: One member from each caucus of each chamber to the Alcohol and Drug Abuse Coordinating Council.
Senate Committee - Testified: John Abolofia, WSTLA (con); Steve Lind, WA Traffic Safety Commission (pro); Jim Wright, Association of Alcohol and Addiction Programs (con); Tom Armstrong, Lakeside Recovery (con); Jeff Larsen, Care Unit Hospital of Kirkland (con); Jerry Sheehan, ACLU (con); Bill Fitzharris (con); Rory Laughery, WSMA (pro); Gerri Wolf, MADD (pro); Mel Sorensen (pro)