Legislature(1997 - 1998)
04/23/1997 01:10 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 222 - ABANDONED,WRECKED,OR JUNK VEHICLES Number 783 CHAIRMAN WILLIAMS announced the next order of business to be HB 222, "An Act relating to abandoned, wrecked, or junk vehicles", and asked Representative Rokeberg, sponsor, to present the bill. REPRESENTATIVE NORMAN ROKEBERG stated that the HB 222 would give local governments more tools to work with when impounding and disposing of wrecked or junk vehicles. The number of vehicles abandoned on the streets is a problem for local governments. He stated that these vehicles, besides being an eyesore, are a public safety and health hazard to the citizens of the state of Alaska. Usually these vehicles are not properly registered and tracing the owners can be difficult. He stated that it is very expensive for the government to remove these junk cars. The municipality of Anchorage has to recover over 1,000 vehicles, costing about $126,000. He continues that the bill provides for an expedited removal of junk vehicles from the streets and right-of-ways. The bill will reduce the holding time and decrease the processing time for junk vehicles, as well as reduce the number of junk vehicles which are sold through auction and often re-deposited on the streets and right-of-ways. He distributed a letter from the Alaska Municiple League in support of this legislation. He stated that recommendations have been made by the city attorney in Ketchikan which generated amendments for the committees consideration. REPRESENTATIVE ROKEBERG stated that Amendment 1 adds Section 6 to the bill which would allow local municipalities to generate their own ordinance for the disposal of the junk vehicles, removing requirements under existing state statutes, specifically AS 28.05.131. Which would remove the certified mailing notification which is a detriment to an expeditious removal of these vehicles that are a threat to public safety. REPRESENTATIVE ROKEBERG stated that Amendment 2 addressed the situation of "street mechanics" working on a car using the public right-of-way for a mechanic shop. He stated that at night they push the vehicle a couple of feet to avoid the police enforcement. Therefore, the words "reasonably appears to have" is added to over come that situation. REPRESENTATIVE ROKEBERG stated that Amendment 3 deletes "registered and" on page 3, line 12. He stated that by requiring cars to be registered and titled for public auction, would impede their ability to sell. Number 1288 REPRESENTATIVE HUDSON referred to Amendment 2, page 2, line 5 and stated that following the word vehicle, the word "that" needs to be inserted so it will read correctly. Number 1352 REPRESENTATIVE ROKEBERG stated that he had no objection. Number 1376 JUANITA HENSLEY, Chief, Driver Services, Division of Motor Vehicles, wanted to make sure that the Amendment 3 did not conflict with the sale of the motor vehicles because the new owner could be required to bring the vehicle up to emissions standards before they could get the vehicle registered. Number 1396 REPRESENTATIVE ROKEBERG stated that a person purchasing a vehicle from an auction would have to register the car and pass the emissions test. Number 1416 MS. HENSLEY stated that before a vehicle could be registered in Anchorage and Fairbanks they have to meet the emission testing standards. She wondered if this is going to put the burden back on the person buying the vehicle to maybe make repairs before that vehicle can be registered. She stated that she doesn't have a problem with it but wanted to point it out to the committee. She asked if Representative Rokeberg had a chance to discuss this with the Department of Environmental Conservation. Number 1491 REPRESENTATIVE ROKEBERG stated that it has not been discussed with the department and the test is required before the vehicle can be registered. Number 1523 REPRESENTATIVE JERRY SANDERS asked if there is a mechanism to tell the buyer so they are aware before they purchase the vehicle that it needs to have an emissions test. He wondered how this would affect young people who thought they were getting a good deal only to find out that it will cost an extra $1200 to get the vehicle operable. Number 1556 REPRESENTATIVE ROKEBERG stated that he did not know, it might require an additional review that could be taken up in the next committee of referral. Number 1583 REPRESENTATIVE SANDERS felt that this should be addressed before the amendment is adopted. He stated that he is not necessarily against it but it is a question. REPRESENTATIVE ROKEBERG stated that he would address it in the House Labor and Commerce Standing Committee. Number 1597 REPRESENTATIVE JOHN COWDERY stated that there are no guarantees when buying a vehicle from an auction. Number 1623 REPRESENTATIVE SANDERS stated that currently public auctions are not allowed to sell a car that is not registered. Number 1635 REPRESENTATIVE COWDERY stated that a lot of the time these vehicles are bought for parts. Number 1647 REPRESENTATIVE HUDSON stated that is a policy question of either having it be the municipalities responsibility to deal with the emissions standards test and registration or it being the buyers responsibility. He stated that municipality has already put funds into removing the vehicles off the streets and basically it would be the buyer beware. He stated the question is whether the municipalities are taken off the hook by adopting the amendment. Number 1706 REPRESENTATIVE COWDERY stated that usually the cars that are picked up do not have engines in them, they are usually stripped out and pushed into the street for disposal. Number 1623 REPRESENTATIVE SANDERS stated that he would not have a problem with taking this burden off of the municipality and putting it on to the purchaser, his argument is to make sure that the purchaser is made aware of this before the vehicle, that it is not registered, is purchased. Especially since it has been a law that the vehicles had to be registered and titled, otherwise some people are going to be hurt financially. Number 1760 REPRESENTATIVE ROKEBERG stated that Amendment 3 was at the recommendation of the towing companies and auctioneers, not the municipality. He stated that they have not had a chance to look into it but it does make sense at this early stage. Number 1810 DAN LOWDEN, Lieutenant, Alaska State Troopers, testified via teleconference from Anchorage, that the bill does have some very positive aspects that will assist him in removing the vehicles. Number 1846 EVERETT MABRY, Manager, Street Maintenance, Municipality of Anchorage, testified via teleconference from Anchorage, that the municipality strongly supports the bill. He stated that it will allow the junk cars to be cleaned off the streets and be disposed of more efficiently. Number 1897 REPRESENTATIVE COWDERY asked Mr. Mabry to explain the problem with the abandoned cars in the winter time. Number 1908 MR. MABRY stated that abandoned cars in the winter time present tremendous problems when trying to plow the streets. He stated that it is not uncommon to run in the vehicles because they are disguised by the heavy snow coverage. Number 1953 REPRESENTATIVE HUDSON asked what is done with the expense of removing the junk vehicles and if the expense is assessed to the owners. Number 1974 MR. MABRY replied that if they can locate the owners they will be assessed, but they have a difficult time in determining the ownership of the vehicle. Number 1991 REPRESENTATIVE SANDERS asked how the municipality's clean sweep program is progressing and what effect this bill would have on it. Number 2047 MR. MABRY replied that the program is also for junk vehicles on private property not just on public right-of-way. It does help to identify many junk vehicles and expedites their removal. He stated that this bill would not really effect the program. It allows the municipality to get the cars off of the streets quicker. SHEILA LOWELL, Alaska Tow Truck Association, testified via teleconference from Anchorage, that the association thinks this bill will make it easier to dispose of the vehicles. She stated that the towing industry sells the cars to recover the cost since they do not receive federal funding. She stated that they would like the registration requirement to be deleted. Number 2105 STEVE SCHWEPPEE, Attorney, City of Ketchikan, testified via teleconference from Ketchikan, that Amendment 1 would change the notice requirements for abandoned vehicles. He stated that the statutory procedure stated that the owner had to be notified by certified mail, which can take up to a month. He stated that they would like to have the flexibility to establish their own procedures. Number 2225 REPRESENTATIVE ROKEBERG asked Mr. Schweppee to address Amendment 2 regarding the reasonableness of the removals. Number 2213 MR. SCHWEPPEE replied that there are a lot of side walk mechanics in Ketchikan and as a result, the ordinance on abandoned vehicles has been amended to read, that a vehicle is abandoned if it reasonably appears to have been unattended for 48 hours. Number 2352 REPRESENTATIVE KIM ELTON stated that he is confused with Amendment 2 and feels that it just redefines the standard for the word "has" and he does not see how it addresses the in excess of 48 hours problem. MR. SCHWEPPEE stated that by stating it reasonably appears to have been left unattended, would address the problem of someone pushing the vehicle two feet to claim that they have moved it. REPRESENTATIVE ELTON stated that the problem is the 48 hour requirement and the language of "left unattended, standing or parked." If the definition of standing is that it can't be moved two feet then it would not need to be changed to "reasonable appears to have been". Number 2384 MR. SCHWEPPEE stated that he has had cases where a person testifies that they pushed the car every 48 hours a foot or so. He stated that they have changed their ordinance to read reasonable appears to have been left unattended, standing or parked." He stated that even though the vehicle had been moved a foot or two, it was still reasonably abandoned. The word reasonably adds some flexibility. Number 2446 REPRESENTATIVE HUDSON stated that the amendment does give the judgement to the officers and those who are dealing with the vehicle. Number 2469 CHAIRMAN WILLIAMS stated that the committee has not formerly accepted the amendments for discussion purposes. TAPE 97-23, SIDE B Number 008 REPRESENTATIVE HUDSON moved Amendment 1, 2 and 3, for adoption. Number 063 CHAIRMAN WILLIAMS asked if there were any objections, hearing none it was so ordered. Number 075 REPRESENTATIVE HUDSON moved to adopt his amendment to insert on line 10 the word "that" to Amendment 2. Number 089 CHAIRMAN WILLIAMS asked if there was an objection, hearing none it was so ordered. Number 094 REPRESENTATIVE HUDSON make a motion to move CSHB 222(TRA) as amended, with individual recommendations, zero fiscal note and asked unanimous consent. Number 102 CHAIRMAN WILLIAMS asked if there were any objections, hearing none, CSHB 222(TRA) was moved out of the House Transportation Committee.
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