Legislature(1995 - 1996)

1995-04-18 Senate Journal

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1995-04-18                     Senate Journal                      Page 1069
SB 6                                                                         
Senator Donley requested that the reconsideration on 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" be taken          
up.                                                                            
                                                                               
SENATE BILL NO. 6 am was before the Senate on reconsideration.                 
                                                                               
Senator Donley moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 2.               
Senator Kelly objected.                                                        
                                                                               

1995-04-18                     Senate Journal                      Page 1070
SB 6                                                                         
The question being: "Shall the bill be returned to second reading for          
the purpose of a specific amendment?"  The roll was taken with the             
following result:                                                              
                                                                               
SB 6 am                                                                        
Return to Second for Specific Amendment                                        
                                                                               
YEAS:  15   NAYS:  3   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff              
                                                                               
Nays:  Kelly, Leman, Torgerson                                                 
                                                                               
Excused:  Salo                                                                 
                                                                               
Absent:  Frank                                                                 
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Donley offered Amendment No. 2:                                        
                                                                               
Delete bill sec. 3 in its entirety and insert:                                 
   "* Sec. 3.  AS28.01.010 is amended by adding a new subsection             
to read:                                                                       
	(h)  A municipality may not                                                  
		(1)  issue a citation for a traffic offense                                 
unless the citation complies with the provisions of                            
AS12.25.200;                                                                   
		(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; or                                                             
		(3)  issue a citation for a traffic offense                                 
unless the citation is issued by a peace officer; this                         
paragraph does not apply to a citation issued for a municipal                  
traffic offense if the                                                         
		(A)  municipality has established a                                        
scheduled amount of bail for the offense as                                    
provided under AS28.05.151(a);                                                 
                                                                               
                                                                               

1995-04-18                     Senate Journal                      Page 1071
SB 6                                                                         
		(B)  municipal traffic offense is also                                     
punishable as a traffic offense under state statute or                         
regulation; and                                                                
		(C)  fine imposed for the municipal                                        
traffic offense is not more than one-half of the fine                          
imposed for the same traffic offense under the bail                            
schedule established by the supreme court under                                
AS28.05.151(a)."                                                               
                                                                               
Senator Donley moved for the adoption of Amendment No. 2.                      
Senator Kelly objected.                                                        
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SB 6 am                                                                        
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Lincoln, Miller, Phillips, Rieger, Sharp, Taylor, Zharoff             
                                                                               
Nays:  Kelly, Leman, Pearce, Torgerson                                         
                                                                               
Excused:  Salo                                                                 
                                                                               
and so, Amendment No. 2 was adopted.                                           
                                                                               
SENATE BILL NO. 6 am was automatically in third reading.                       
                                                                               
The question to be reconsidered: "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:                        
                                                                               
                                                                               

1995-04-18                     Senate Journal                      Page 1072
SB 6                                                                         
                                                                               
SB 6 am                                                                        
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp,              
Taylor, Zharoff                                                                
                                                                               
Nays:  Kelly, Torgerson                                                        
                                                                               
Excused:  Salo                                                                 
                                                                               
and so, SENATE BILL NO. 6 am passed the Senate on                              
reconsideration and was referred to the Secretary for engrossment.