Legislature(1995 - 1996)

1995-04-13 Senate Journal

Full Journal pdf

1995-04-13                     Senate Journal                      Page 1030
SB 6                                                                         
SENATE BILL NO. 6 "An Act relating to registration of a motor                  
vehicle and suspension of a driver's license for failure to appear in          
court or failure to pay a fine" was read the third time.                       
                                                                               
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 1.               
Senator Ellis objected, then withdrew his objection.  There being no           
further objections, the bill was returned to second reading.                   
                                                                               
Senator Taylor offered Amendment No. 1:                                        
                                                                               
Page 1, lines 1 - 2:                                                           
     Delete "registration of a motor vehicle and suspension of a              
driver's license for failure to appear in court or failure to pay              
a fine"                                                                       
     Insert "suspension of a driver's license for failure to appear           
in court or failure to pay a fine; relating to court and collection            
costs for traffic offenses; and relating to citations and court                
procedures for municipal traffic and parking offenses"                        
                                                                               
                                                                               

1995-04-13                     Senate Journal                      Page 1031
SB 6                                                                         
Page 1, line 4, through page 2, line 10:                                       
     Delete all material and insert:                                           
   "* Section 1.  PURPOSE AND INTENT OF SECTION 5.  The                      
purpose of sec.5 of this Act is to create a mechanism to enforce               
citations issued for offenses involving a moving motor vehicle.  It            
is the intent of the legislature that after a person has made a                
required court appearance or paid a fine required by the court, that           
any driver's license suspension imposed by the court be terminated             
as quickly as possible.                                                        
   * Sec. 2.  AS12.25.200(b) is amended to read:                             
	(b)  A citation issued under AS12.25.180 must                                
indicate                                                                       
		(1)  the amount of bail or fine applicable to                           
the offense;                                                                 
		(2) [,]  the procedure a person must follow                               
in responding to the citation;                                               
		(3) [, AND] that if the person fails to pay                               
the bail or fine the person must appear in court;                            
		(4)  that failure to pay the bail or fine or                                
appear in court for an offense involving a moving motor                        
vehicle may result in                                                          
		(A)  suspension of the person's                                            
driver's license, privilege to drive, or privilege to                          
obtain a license; or                                                           
		(B)  attachment of the person's                                            
permanent fund dividend to pay the fine plus                                   
court and collection costs under AS28.05.155;                                  
and                                                                            
		(5) [.  IN ADDITION, A CITATION MUST                                      
INDICATE] that the person has a right to                                       
		(A) [(1)]  a trial;                                                    
		(B) [(2)]  engage counsel;                                             
		(C) [(3)]  confront and question                                       
witnesses;                                                                     
		(D) [(4)]  testify; and                                                
		(E) [(5)]  subpoena witnesses on the                                   
person's behalf.                                                               
   * Sec. 3.  AS28.01.010 is amended by adding a new subsection              
to read:                                                                       
                                                                               
                                                                               

1995-04-13                     Senate Journal                      Page 1032
SB 6                                                                         
	(h)  A municipality may not                                                  
		(1)  issue a citation for a traffic offense                                 
unless the citation complies with the provisions of                            
AS12.25.200; or                                                                
		(2)  enact a parking citation trial or appeal                               
process unless the trial or appeal process and fees charged                    
for it are substantially similar to the applicable trial or                    
appeal process adopted by the Alaska Supreme Court or                          
imposed by law.                                                                
   * Sec. 4.  AS28.05 is amended by adding a new section to read:            
	Sec. 28.05.155.  COURT AND COLLECTION                                        
COSTS.  If a person's permanent fund dividend is attached                      
to pay the bail or fine for an offense involving a moving                      
motor vehicle, the court shall increase the bail or fine of                    
that person by at least                                                        
		(1)  $25 for court costs; and                                               
		(2)  $10 for collection costs."                                             
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Senator Taylor moved for the adoption of Amendment No. 1.                      
Objections were heard.                                                         
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SB 6                                                                           
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  10   NAYS:  9   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Kelly, Leman, Miller, Pearce, Rieger, Sharp,              
Taylor, Torgerson                                                              
                                                                               
Nays:  Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, Phillips,              
Salo, Zharoff                                                                  
                                                                               
Excused:  Donley                                                               
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               

1995-04-13                     Senate Journal                      Page 1033
SB 6                                                                         
SENATE BILL NO. 6 am was automatically in third reading.                       
                                                                               
The question being:  "Shall SENATE BILL NO. 6 am "An Act                       
relating to suspension of a driver's license for failure to appear in          
court or failure to pay a fine; relating to court and collection costs         
for traffic offenses; and relating to citations and court procedures for       
municipal traffic and parking offenses" pass the Senate?"  The roll            
was taken with the following result:                                           
                                                                               
SB 6 am                                                                        
Third Reading - Final Passage                                                  
                                                                               
YEAS:  10   NAYS:  9   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Kelly, Leman, Miller, Pearce, Rieger, Sharp,              
Taylor, Torgerson                                                              
                                                                               
Nays:  Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, Phillips,              
Salo, Zharoff                                                                  
                                                                               
Excused:  Donley                                                               
                                                                               
and so, SENATE BILL NO. 6 am failed.                                           
                                                                               
Senator Kelly gave notice of reconsideration.