Legislature(2013 - 2014)CAPITOL 106

03/27/2014 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 293 BEAR LICENSE PLATES TELECONFERENCED
Moved CSHB 293(STA) Out of Committee
*+ HB 270 SERVICE OF CITATIONS TELECONFERENCED
Scheduled But Not Heard
+ SB 116 SERVICE OF CITATIONS TELECONFERENCED
Moved Out of Committee
+ HB 216 OFFICIAL LANGUAGES OF THE STATE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SB 116-SERVICE OF CITATIONS                                                                               
                                                                                                                                
8:55:35 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the next order of business  was CS FOR                                                               
SENATE  BILL  NO.  116(STA),  "An  Act  relating  to  service  of                                                               
citations;  amending Rule  3(f),  Alaska Rules  of Minor  Offense                                                               
Procedure;  repealing Rule  3(g), Alaska  Rules of  Minor Offense                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
8:55:52 AM                                                                                                                    
                                                                                                                                
SENATOR DENNIS EGAN, Alaska State  Legislature, as prime sponsor,                                                               
introduced  SB 116.    He stated  that  the proposed  legislation                                                               
would correct  the unintended consequence  of a good  bill passed                                                               
in  2010, which  stopped law  enforcement from  leaving a  ticket                                                               
under the  windshield wiper of  a vehicle.   He stated,  "To keep                                                               
enforcing  local   laws,  many   municipalities  went   to  civil                                                               
violations  for  just a  minor  offense,  and  that has  its  own                                                               
problems - it wasn't available  to state law enforcement at all."                                                               
Under SB 116, law enforcement  could leave a parking ticket under                                                               
a person's windshield wiper, thereby  no longer having to write a                                                               
citation  with the  person receiving  the citation  present.   In                                                               
response to Chair  Lynn, he clarified that  currently, the police                                                               
officer has  to issue the  citation directly  to the person.   He                                                               
said,  for example,  that if  someone  was parking  in a  loading                                                               
zone,  the  police  would  have  to  stay  there  and  issue  the                                                               
violation in person.                                                                                                            
                                                                                                                                
CHAIR  LYNN   commented,  "Meanwhile  an  assault   is  going  on                                                               
someplace and they're waiting for a parking ticket."                                                                            
                                                                                                                                
SENATOR EGAN said that's correct.                                                                                               
                                                                                                                                
8:57:42 AM                                                                                                                    
                                                                                                                                
JESSE   KIEHL,  Staff,   Senator   Dennis   Egan,  Alaska   State                                                               
Legislature,  stated that  many municipalities  took their  minor                                                               
offenses  out  of  the  realm of  the  lowest  possible  criminal                                                               
offense and made  them civil violations, which  allowed police to                                                               
leave a ticket under the windshield  wiper of a car.  However, he                                                               
explained the  effect of that was  that if a citizen  believes it                                                               
was  an unjust  ticket, he/she  does not  get to  see a  judge or                                                               
magistrate, but  instead must  "fight city hall."   He  said many                                                               
Alaskans are  concerned about the civil  violation process, which                                                               
is  more costly  for  municipalities and  difficult  for them  to                                                               
enforce  when someone  occasionally just  throws out  the ticket.                                                               
He  said the  civil violation  route is  not available  to Alaska                                                               
State Troopers,  so they do  not write many parking  tickets, but                                                               
do write  several tickets  at the Palmer  state fair  when people                                                               
block access  lanes, driveways, or  fire zones, for example.   He                                                               
said, "And that  becomes a very difficult thing under  the law as                                                               
it reads  today, because the  legislature has never  delegated to                                                               
the Department  of Public Safety  any authority to  make offenses                                                               
civil violations,  and probably appropriately so."   The proposed                                                               
legislation  would fix  that problem  and allow  an Alaska  State                                                               
Trooper to leave a ticket under the windshield wiper.                                                                           
                                                                                                                                
CHAIR LYNN asked  what happens when a ticket blows  off a vehicle                                                               
in a strong wind and is lost.                                                                                                   
                                                                                                                                
MR. KIEHL  answered that under SB  116, the ticket would  then go                                                               
into a  default process after  the time  in which to  contest the                                                               
ticket had passed and the ticket had  not been paid.  He said the                                                               
state court  clerk would send  a default  letter to the  owner of                                                               
the registered vehicle,  and the person with  the violation would                                                               
be given a certain amount of  time to pay the ticket, after which                                                               
if the  ticket was still not  paid, then the state  would garnish                                                               
that money from the person's permanent fund dividend (PFD).                                                                     
                                                                                                                                
9:00:39 AM                                                                                                                    
                                                                                                                                
SCOTT BLOOM, City  Attorney, City of Kenai,  testified in support                                                               
of SB  116.  He  listed three  reasons that the  issues addressed                                                               
under SB 116 would be important to  the City of Kenai.  The first                                                               
reason was  public safety.   He  explained that  on peak  days in                                                               
July,  the  city  commonly has  10,000-12,000  visitors;  on  its                                                               
busiest day last year there  were an estimated 15,000 visitors to                                                               
the community.  The local  and residential streets are inundated.                                                               
He  said as  word gets  out that  the city  cannot issue  parking                                                               
citations,  people tend  to ignore  restrictions  and block  fire                                                               
lanes, driveways,  and emergency access.   He said being  able to                                                               
force  driving  regulations  without requiring  personal  service                                                               
would alleviate a large portion of the problem.                                                                                 
                                                                                                                                
MR. BLOOM stated that second reason  he was asking for support of                                                               
SB 116 was  because the enforcement of parking  under current law                                                               
strains  the   City  of  Kenai's  municipal   resources  greatly.                                                               
Without the ability to leave  parking tickets, the city's limited                                                               
police  force must  try either  to track  down drivers,  boot the                                                               
vehicle, or tow  them, all of which takes time  and manpower.  He                                                               
relayed  that in  2013, during  the month  of July,  the City  of                                                               
Kenai  issued approximately  106  citations; in  2014, since  the                                                               
current  law  was in  place,  the  city issued  only  12.   As  a                                                               
relatively  small municipality,  it  is difficult  to  set up  an                                                               
alternative  administrative system  to issue  citations.   Unlike                                                               
Anchorage or  Fairbanks, which  have the  economics to  support a                                                               
separate parking authority, this is  not a practical solution for                                                               
the City of Kenai.                                                                                                              
                                                                                                                                
MR. BLOOM  said the third reason  he was asking the  committee to                                                               
support SB 116, was that he  believed it would reduce the cost to                                                               
both the  city and  the public.   He explained  that if  the city                                                               
must provide  an administrative process,  it would cost  the city                                                               
time and  money, and that cost  would be passed on  to the public                                                               
through  increased  citation  amounts.    Further,  he  said  the                                                               
alternative   of  immobilizing   vehicles  or   towing  them   is                                                               
exponentially more expensive and burdensome  on all parties.  Mr.                                                               
Bloom offered to answer questions.                                                                                              
                                                                                                                                
9:04:22 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
9:04:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to  report CSSB  116(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  116(STA)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     

Document Name Date/Time Subjects
01 HB0293A.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
01a Draft CS for HB293 v.N.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
01bHB293 Isaacson Amendment N.1.PDF HSTA 3/27/2014 8:00:00 AM
HB 293
02 HB 293 Sponsor Statement.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
03 HB293 CS Sectional.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
04 HB293 50 State Summary.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
05 HB293 Alaska DMV List of specialty plates.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
06 HB293 Alaska DMV Specialty Plates Pictures.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
07 HB293 DMV specialty plate info for 5 yrs.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
08 HB293 Leg Research Document.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
09 HB293 Fiscal Note DOA 3-24-2014.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
01 HB270 Bill Version U.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
01a HB270 Blank CS Version N.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
01b HB270 Summary of Changes.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
02 HB270 Sponsor Statement.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
03 HB270 Supporting Document-Mat Su Resolution.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
04 HB270 Supporting Document-MatSu Memo.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
05 HB270 Supporting Documents-Letter of Support APOA.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
06 HB270-Letter of Support Chiefs of Police.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
07 HB270-Letter of Support-Fairbanks NSB.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
08 HB270-Minor Offense Rule 3.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
09 HB270-Civil Rule 4.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
10 HB270 Fiscal Note DNR 3-21-2014.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
11 HB270 Fiscal Note DPS 3-24-2014.pdf HSTA 3/27/2014 8:00:00 AM
HB 270
01 SB116 v.N.PDF HSTA 3/27/2014 8:00:00 AM
SB 116
01a SB116 v.O SSTA.PDF HSTA 3/27/2014 8:00:00 AM
SB 116
02 SB116-Sponsor Statement.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
03 SB116-Explanation of Changes Version O.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
04 SB116-Minor Offense Rule 3.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
05 SB116-Civil Rule 4.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
06 SB116-Letter of Support APOA.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
07 SB116-Letter of Support Chiefs of Police.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
08 SB116-Letter of Support FairbanksNSB.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
09 SB116-Letter of Support Mat-SuBorough.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
10 SB116-FiscalNote-ACS-TRC-03-06-14.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
11 SB116-FiscalNote-DNR-PKS-3-08-14.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
12 SB116-FiscalNote-DPS-DET-03-10-14.pdf HSTA 3/27/2014 8:00:00 AM
SB 116
01 HB 216 v.U.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
01a Amendment U.1 HB216 Blank.PDF HSTA 3/27/2014 8:00:00 AM
HB 216
02 HB 216 Sponsor Statement.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
03 HB 216 Sectional Summary.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
04 HB 216 fiscal Note OOG.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
05 HB 216 ANLC Letter of Support.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
06 HB 216 ANLPAC Letter of Support.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
07 HB 216 Letter of Support Alvanna-Stimple.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
08 HB 216 Letter of Support Charles.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
09 HB 216 Letter of Support Counceller.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
10 HB 216 Supporting Document Twitchel Empire Op-Ed.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
11 HB 216 Letter of Support Molson.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
12 HB 216 AFN Letter of Support.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
13 HB216 email Kaplan - Explanation Symbolic.PDF HSTA 3/27/2014 8:00:00 AM
HB 216
14 Memo Legal Services on Languages HB216 v.U.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
15 HB 216 Letter of Support SHI.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
16 HB 216 Testimony James.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
SUPPORT EMAILS - HB293.pdf HSTA 3/27/2014 8:00:00 AM
HB 293
17 HB216 Testimony Reitmeier ANCSA Regional Assoc..pdf HSTA 3/27/2014 8:00:00 AM
HB 216
18 Letter in support - Worl of HB216 by UAA Native Student Council.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
19 Letter in support HB216 - FAI.pdf HSTA 3/27/2014 8:00:00 AM
HB 216
SUPPORT EMAILS HB216.pdf HSTA 3/27/2014 8:00:00 AM
HB 216