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DUI measures hit wall in House, but maneuver may save them

Arizona Capitol Reports Staff//April 7, 2008//[read_meter]

DUI measures hit wall in House, but maneuver may save them

Arizona Capitol Reports Staff//April 7, 2008//[read_meter]

Four drinking-and-driving measures were each assigned to three committees in the House, lessening their chances of success and disquieting their backers.   But an arrangement struck between Republican Sen. Linda Gray of Glendale and House Speaker Jim Weiers late in March would allow provisions of the four measures to be tacked onto one of Weiers' bills, which is being considered in the Senate. This maneuver could allow the DUI measures to avoid committee hearings in the House.   Instead, if the "striker" bill with the DUI provisions is approved by the Senate, Weiers would have the option of concurring with the changes, putting the bill up for a vote in the House, and then sending it to the governor's desk. In any case, Weiers' status as speaker certainly carries weight; a House spokesperson said the striker is likely to have incredible support in both chambers.   Still, a lot of uncertainty lingered, and one state senator, Jim Waring of Phoenix, complained about the triple-assignment of the DUI measures in the House, one of which was intended to fix a conflict in law that resulted in the passage of DUI measures last year.   The conflict in law is this: Chapter 195 of the Arizona Revised Statutes prohibits a judge from suspending any portion of the sentence of a person convicted of extreme DUI. However, Chapter 219 maintains the judge's ability to do so if the person's blood alcohol level is less than 0.20. The pending bill, S1004, eliminates the conflict by prohibiting a judge from suspending any portion of an extreme DUI sentence.   "If we don't fix the discrepancy, the bill could go to court, and it could get thrown out," Waring said.   Waring also complained that the bills were assigned to "odd" committees – the Government and Commerce committees instead of the Transportation and Judiciary committees, where he thought the DUI bills belonged.   Waring said the new arrangement is fine with him, however, as long as the final text of the striker doesn't gut the DUI measures.   Weiers, through House spokesperson Barrett Marson, downplayed the triple-assigning of the DUI bills, given the deal between Weiers and Gray.   Weiers wanted to make sure there was a "good vetting" of the measures, Marson said, adding that the speaker is "absolutely committed" to ensuring Arizona has tough DUI laws.   DUI measures that were triple assigned:   *S1080, which changes laws on drinking while operating a watercraft and provides parity between operating a boat under the influence (OUI) and driving a vehicle under the influence (DUI) laws.   *S1004, which fixes a conflict in law arising from the passage of DUI bills last year.   *S1033, which prohibits the Motor Vehicle Division from issuing a new license to a person convicted of a second regular DUI offense or second extreme DUI offense unless he or she completes community restitution or alternative sanctions ordered by the court.    *S1184, which requires completion of substance-abuse treatment as a condition of license reinstatement.  

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