Legislature(2013 - 2014)BUTROVICH 205
03/20/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR20 | |
| HB262 | |
| SB206 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 20 | TELECONFERENCED | |
| + | HB 262 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 206 | ||
SB 206-VEHICLE REGIS/LICENSING/ACCIDENT REPORTS
9:21:40 AM
CHAIR DYSON announced the consideration of SB 206.
9:21:45 AM
SENATOR GIESSEL moved that the CS for SB 206, version 28-
LS1531\U, be adopted as the committee's working document.
CHAIR DYSON asked if there is an objection.
SENATOR COGHILL objected for discussion purposes.
9:22:17 AM
SENATOR PETER MICCICHE, Alaska State Legislature, Juneau,
Alaska, SB 206 sponsor.
9:22:20 AM
LARRY SEMMENS, Staff, Senator Micciche, Alaska State
Legislature, Juneau, Alaska.
SENATOR MICCICHE said in response to previous discussions at the
last meeting, changes were made and Mr. Semmens will review the
CS.
MR. SEMMENS reviewed the CS as follows:
Page 3, line 25, we changed the unconditional
discharge language to conviction.
On page 4, section 7, line 31, this is a new section
that a license issued under this section expires
unless renewed within five years after the date of its
issuance, that is to allow the department to review
current applicants or current holders of school bus
driver licenses; currently that license does not
expire, once it is obtained it stays, so this would
give the department an opportunity to review those at
least every five years.
Section J, page 5, line 5, this is a new section that
requires the holder of a school bus driver license to
self-report in the event that they are convicted under
any of these sections.
Section K, page 5, line 8, this gives the department
discretion in situations where persons convicted of a
misdemeanor, but if the misdemeanor does not involve a
child, it gives the department discretion to grant the
license.
9:24:26 AM
SENATOR COGHILL asked for the Alaska Department of Law (ADOL) to
address applicability issues.
SENATOR MICCICHE replied that Amy Erickson from the Division of
Motor Vehicles (DMV) and Anne Carpeneti from ADOL will address
applicability.
SENATOR WIELECHOWSKI asked for an explanation on the changes
made in section 7, page 4, line 31.
SENATOR MICCICHE responded that licensing does not expire in the
current statute. He explained that the change provides an
expiration and allows DMV to review a driver's background.
SENATOR WIELECHOWSKI asked if the change means a reapplication
for a license requires an individual to get another eye exam.
SENATOR COGHILL specified that the section in question pertains
to page 4, subsection I. He noted that he agrees with Senator
Wielechowski's inquiry regarding the requirement for renewal and
an eye exam.
9:27:05 AM
AMY ERICKSON, Director, Division of Motor Vehicles (DMV), Alaska
Department of Administration, Anchorage, Alaska, answered that
having a five year renewal allows DMV to review background
checks to determine disqualification if SB 206 passes. She noted
that DMV does not store background records. She added that
finger prints are forwarded to the Department of Public Safety
and all background records are destroyed. She pointed out that
DMV has no way of going back to review School Bus "S"
endorsements to determine disqualification if SB 206 passes.
SENATOR WIELECHOWSKI asked to verify that the change only
applies to people who have bus driver licenses.
MS. ERICKSON answered correct.
SENATOR MICCICHE added that the entire section only relates to
bus driver licenses.
CHAIR DYSON confirmed that the section applies to school bus
drivers and not tour, city, or senior citizen bus drivers.
SENATOR WIELECHOWSKI asked if a person has to pay for their eye
exam or background check.
MS. ERICKSON replied yes.
SENATOR WIELECHOWSKI asked what the fees are.
MS. ERICKSON replied that fees will range between $10 and $50.
She added that DMV does not charge for eye exams.
SENATOR WIELECHOWSKI asked if SB 206 has a zero fiscal note and
will DMV incur any charges.
MS. ERICKSON replied that DMV does not incur any charges.
SENATOR WIELECHOWSKI asked to clarify that DMV does not incur
charges in the entire bill.
MS. ERICKSON answered that the bill will allow DMV to realize
savings from online transactions.
CHAIR DYSON asked if a mechanism exists in the state where a
licensing agency is notified when an individual with a
professional license is convicted of a crime that would
disqualify them.
9:30:07 AM
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
State of Alaska Department of Law (ADOL), Juneau, Alaska,
replied that she did not know. She addressed a situation with
licensed lawyers and surmised that a mechanism for agency
notification must be in place.
CHAIR DYSON added that there must be an agency notification
process for doctors as well.
MS. CARPENETI offered that she would have to check on the
notification process and get back to the committee.
CHAIR DYSON remarked that he believes there is no notification
process.
MS. CARPENETI noted that she did not recall, but she may have to
submit a disclosure statement when paying her annual lawyer
dues.
SENATOR WIELECHOWSKI addressed page 4, line 31 and asked how bus
drivers in rural Alaska will be impacted if they do not have
access to a local DMV office.
MS. ERICKSON replied that she does not know where the bus driver
licensees reside. She said she will have to see if licensee
locations can be determined.
SENATOR WIELECHOWSKI noted that Senator Olson or Senator Hoffman
will ask about the bill's impact on rural Alaska.
SENATOR COGHILL suggested asking the Anchorage-DMV on the bill's
effect on rural Alaska.
SENATOR MICCICHE stated that there currently is no way to look
back once someone has a school bus endorsement to address a
prior conviction. He said SB 206 will allow the following:
At least what this bill does is the longest you can go
is five years without someone having knowledge, if
this were to pass, without someone having knowledge
that you are someone that would be a risk to children.
CHAIR DYSON offered that SB 206 may not solve the more global
problem, but may make an improvement.
SENATOR WIELECHOWSKI asked how SB 206 will impact rural Alaska
if an eye exam and background check is required when an
individual does not have access to a DMV office.
9:33:27 AM
JOANNE OLSEN, Operations Manager, Division of Motor Vehicles,
Alaska Department of Administration, Anchorage, Alaska, replied
that DMV does accept eye exams from physicians to accommodate
people in rural areas.
SENATOR GIESSEL addressed Chair Dyson's question pertaining to
self-disclosure in other professions. She noted that medical
professionals have a biennial application that requires self-
disclosure which may result in a judgment against one's license.
SENATOR COGHILL noted that "unconditional discharge" was taken
out of section 4, pages 3 and 4. He asked if removing
"unconditional discharge" and leaving the applicant's date of
first conviction was a good moment in history to make the
judgment call on.
MS. CARPENETI replied that date of conviction should be defined
because the date of conviction can be several things under law.
She offered that date of conviction could be the date of finding
of guilt in a jury trial or it could be the date the sentence
was imposed. She set forth that the date of conviction was
generally defined as the date the sentence is imposed. She
continued as follows:
You can make that as a statement of your intent here
in this committee that that is what you are intending
that date to be, or you could, maybe possibly
considering down the line, writing that down what the
conviction means in this context. For example in
theft, your third theft conviction in a five year
period is a one jump up from what it would normally
be. In Title 11 we say the date of conviction for
purposes of these statutes is the date that sentence
was imposed.
SENATOR WIELECHOWSKI addressed the applicability section on page
7. He asked if there were constitutional implications by
applying the changes to offenses committed before the effective
date.
9:36:30 AM
MS. CARPENETI answered that she does not think so because the
statutes promote the health and safety of children. She noted
that Senator Wielechowski's question was good because
constitutional issues will arise in terms of ex post facto.
SENATOR WIELECHOWSKI inquired if the U.S. Supreme Court said you
could go back and require sex offenders to register before the
date the law passed.
MS. CARPENETI answered that the U.S. Supreme Court ruled that
registering prior to the date a law passes was allowed. She
countered that the Alaska Supreme Court stated that registering
prior to a law going into effect was a violation of ex post
facto and the state does not go back before 1994.
SENATOR WIELECHOWSKI asked if the same applies to SB 206.
MS. CARPENETI answered that she did not think so because dealing
with school bus drivers was in the interest of child safety.
SENATOR WIELECHOWSKI asked DMV about the practicability of
applying section 7 and the impact on 1000 bus drivers.
MS. ERICKSON replied that DMV would need to run a computer
search to identify "S" endorsements. She said DMV would create a
process to notify licensees that endorsements will expire and
the requirements for renewal.
SENATOR WIELECHOWSKI asked if there is a fiscal note to address
what Ms. Erickson described.
MS. ERICKSON replied that because SB 206 was not adopted, she
did not look deeper and does not currently have an answer.
SENATOR COGHILL asked Ms. Carpeneti to address the self-
reporting applicability in section 7, subsection J.
MS. CARPENETI surmised that the section appears to refer to
convictions in the future due to having a timeline for 30 days
from the date of conviction. She explained as follows:
You can't expect somebody to report that if the law
was now in effect at the time 30 days after that
person's conviction. I think this was intended to
apply to convictions in the future.
9:39:56 AM
SENATOR COGHILL replied as follows:
I took that the same way too until I read the
applicability section that says on, before, or after.
So then, certainly I think probably would be quite a
cleanup thing if anybody had any convictions under
some of these new laws, they would now have to know it
and report it.
He asked if his previous statement was true.
MS. CARPENETI answered yes.
SENATOR WIELECHOWSKI asked what would happen if a bus driver
with 30 years of experience reports something from 31 years in
the past. He inquired if the bus driver would be fired for
something that occurred prior to being a bus driver.
MS. ERICKSON replied that DMV would be able to cancel their
license.
SENATOR WIELECHOWSKI asked if DMV would "be able to" or "be
required to."
MS. ERICKSON responded that DMV would "be required to."
SENATOR COGHILL remarked that the look-back is indefinite.
CHAIR DYSON asked Ms. Carpeneti to explain her previous comment
where the committee might want to put in its intent.
MS. CARPENETI replied as follows:
In terms of your intent, in subsection J on page 5,
line 5, the 30 day requirement for reporting a
conviction would be, I am assuming, for convictions
that are happening after the effective date of the
act, but it is important that whatever intention you
have, it is on the record and or even better in the
legislation.
9:42:09 AM
SENATOR COGHILL addressed pages 3 and 4, line 25. He noted that
the "day of conviction" replaced "unconditional discharge." He
detailed that a conviction would be either sentencing or the day
of conviction. He set forth that judgment of conviction is
reasonable, but noted that sentencing really tells the whole
story if there are mitigating factors. He said the committee
needs to decide on conviction upon sentencing or judgment before
sentencing.
MS. CARPENETI replied that Senator Coghill's statement is the
reason why the date of sentencing is the one chosen for look-
backs. She asserted that a date of sentencing is the moment when
an individual undergoes a program for society.
CHAIR DYSON stated that no matter what happens in a sentencing,
the conviction has already happened. He added that a conviction
does not get bargained down to a lesser offense. He asked why
the sentencing date would be more significant.
MS. CARPENETI replied that the date of sentencing is generally
used for look-backs similar to the one proposed in SB 206.
9:44:48 AM
CHAIR DYSON commented that using the conviction date allows for
a look-back that goes further back. He said sentencing is often
weeks or months after a conviction.
MS. CARPENETI remarked that the offenses being addressed are
misdemeanors. She asserted that sentencing is often not months
afterwards and occurs much closer to the time of the
determination of guilt.
SENATOR WIELECHOWSKI addressed page 3, section 4, lines 9 and
10. He noted a possible scenario where a bus driver is fired due
to a delinquency of minor charge that occurred 30 years in the
past.
9:46:12 AM
SENATOR MICCICHE replied that the section referred to is not a
change and is currently in the law.
SENATOR WIELECHOWSKI said he believes the law is a little
extreme. He asserted that a school bus driver can be fired if
convicted 10 to 30 years in the past.
SENATOR MICCICHE stated that he would be willing to bring it
down to the misdemeanor section, but insisted that the section
in the bill is applicable.
9:46:49 AM
CHAIR DYSON declared that the committee will stand at ease.
9:57:28 AM
CHAIR DYSON called the committee back to order. He announced
that SB 206 will be held in committee and heard again at the
next committee meeting.
9:57:50 AM
CHAIR DYSON declared an initial adjournment.
9:57:59 AM
CHAIR DYSON called the committee back to order and announced
that public testimony [for SB 206] is closed.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HJR 020 - SPONSOR STATEMENT.pdf |
SSTA 3/20/2014 9:00:00 AM |
HJR 20 |
| HJR 020 - Ver U.pdf |
SSTA 3/20/2014 9:00:00 AM |
HJR 20 |
| HJR 020 - Fiscal Note.pdf |
SSTA 3/20/2014 9:00:00 AM |
HJR 20 |
| HJR 020 - SUPPORTING DOCUMENT Legislative Research Report HJR20 2013-12-27.pdf |
SSTA 3/20/2014 9:00:00 AM |
HJR 20 |
| HJR 020 - SUPPORTING DOCUMENT ARTICLE re-thousands of jobs lost.pdf |
SSTA 3/20/2014 9:00:00 AM |
HJR 20 |
| HB 262 Sponsor Statement.pdf |
SSTA 3/20/2014 9:00:00 AM |
HB 262 |
| HB 262 - Legislation.pdf |
SSTA 3/20/2014 9:00:00 AM |
HB 262 |
| HB 262 Sectional Analyses.pdf |
SSTA 3/20/2014 9:00:00 AM |
HB 262 |
| HB 262- FN 1.pdf |
SSTA 3/20/2014 9:00:00 AM |
HB 262 |
| HB 262 DOA Audit Response.pdf |
SSTA 3/20/2014 9:00:00 AM |
HB 262 |
| SB 206 - Sponsor Statement.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/20/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 206 |
| SB 206 - Legislation Version A.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/20/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 206 |
| SB 206 - Sectional Analysis.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/20/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 206 |
| SB206-DOA-DMV-03-14-14.pdf |
SSTA 3/18/2014 9:00:00 AM SSTA 3/20/2014 9:00:00 AM SSTA 3/25/2014 9:00:00 AM |
SB 206 |
| SB 206 Ver. A Offenses.pdf |
SSTA 3/20/2014 9:00:00 AM |
SB 206 |