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House bill to raise DUI testing fee referred for amended fiscal note after debate
Summary
First substitute House Bill 55, sponsored by Rep. Don E. Bush, would raise the alcohol/drug testing fee from $35 to $100 to fund breathalyzer and other testing equipment; Representative Kathleen Valentine successfully moved to refer the bill back to Rules for an amended fiscal note after questions about fiscal impact and distribution.
First substitute House Bill 55, sponsored on the floor by Representative Don E. Bush, proposes raising the alcohol/drug testing fee paid by those charged with DUI from $35 to $100 so the excess would be dedicated to a state fund for breathalyzers and related equipment.
"Most of this is already in statute, and the only thing ... is on page 3, line 14. You will see that change in there. We've made that fee ... from $35 up to $100," Bush said while explaining the bill’s purpose to help law enforcement afford roadside breath-testing equipment.
Bush told the House that federal funding for breathalyzers has been shrinking and that the new fee would provide a continuing, dedicated source: "It was something like about taking the average of the offenses ... it would be something like about $240,000 a year." He said some breathalyzers cost about $6,000 each and need replacement every four to five years.
Representative Fox questioned whether direct appropriation to the department and the distribution method were usual and asked whether the fund would be distributed by formula. Bush replied that the funds would be distributed statewide under the department of public safety’s direction and that law enforcement agencies had input on the plan.
Representative Kathleen Valentine moved under Joint Rule 4.23 that the House obtain an amended fiscal note for the first substitute. She said the substitution could change the fiscal impact and must be clarified before a vote. The motion to refer the bill back to Rules for an amended fiscal note carried; the bill was held until the amended fiscal note is produced.
The bill’s text also corrected a technical statutory citation during floor consideration and adopted that correction before discussion continued. No final vote on the substantive fee increase occurred during this session; the bill was returned to Rules pending the fiscal update.
What's next: House members referred HB 55 back to Rules for an amended fiscal note; the bill will return to the floor for further consideration once the fiscal note is complete.
