Legislature(1997 - 1998)
02/23/1998 01:08 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 358 - MOTOR VEHICLE IMPOUNDMENT AND FORFEITURE Number 0375 CHAIRMAN WILLIAMS brought up the next order of business, HB 358, "An Act relating to impoundment or forfeiture of a motor vehicle, aircraft, or watercraft; and providing for an effective date," sponsored by Representative Kelly. Chair Williams indicated they had adopted Version K at the last committee meeting. REPRESENTATIVE PETE KELLY came forward to explain the legislation. Number 0498 CHAIRMAN WILLIAMS called for a brief at ease at 1:21 p.m. He called the meeting back to order at 1:25 p.m. REPRESENTATIVE KELLY stated the Department of Law had some concerns about due process. Representative Kelly referred to the proposed amendment. Section 1, page 1, line 12, after court, insert "orders the vehicle released or". It orders the vehicle released to a person under (g) of this section, to the person who owned the vehicle but not driving at the time of the arrest. Page 2, lines 3 through 6, added a new part (g) which provides guidance for the court to release the impounded vehicle to the owner. He indicated those were the only changes between the two versions. Number 0558 REPRESENTATIVE BILL HUDSON reference page 2, line 11, of Version P. He asked if that was a felony offense or an offense. REPRESENTATIVE KELLY said he did not believe that changed from the last version. Number 0599 REPRESENTATIVE HUDSON made a motion to adopt CSHB 358, Version P, dated 2/21/98. CHAIRMAN WILLIAMS asked whether there was an objection. There being none, CSHB 358, Version P was adopted. Number 0626 REPRESENTATIVE ELTON indicated Captain Bachman, Commander of Operations, Division of Alaska State Troopers, Department of Public Safety, indicated he would feel more comfortable if "shall" were changed to "may" on page 1, lines 9 and 10. REPRESENTATIVE KELLY noted the Department of Public Safety does want "shall". REPRESENTATIVE MASEK stated she had the same concern that Representative Elton had. Number 0684 REPRESENTATIVE HUDSON asked if the Administration is satisfied with Version P. DEL SMITH, Deputy Commissioner, Department of Public Safety, testified before the committee. He said what he was concerned about the earlier version, and to make sure an officer does not have the discretion to say, "I don't like you, therefore your ten days, or five days, or something." He indicated he did not want the officer to have to make that decision. He explained it is now at two and five. His said, "My concern about putting 'may' in that particular section was you still may two days, may five days. If it's your brother-in-law, you do eight hours...." He did not want the officers having the discretion to decide on a sliding scale of punishment. Number 0741 MR. SMITH said, "I do not want to see storage [of vehicles] any longer than that because I think it becomes a security problem, vandalism and what not, if you store them longer than two or potentially five days in the second offense." Anything longer than that would be extremely problematic for the Alaska State Troopers in parts of the state. He indicated it is not such a problem in populated areas, but where there aren't a facility, or wreckers, it does become problematic. Number 0814 REPRESENTATIVE ELTON indicated he was surprised with Section 1 because there is no fiscal note from the Department of Public Safety or the Department of Law. MR. SMITH said the impoundment of a vehicle is generally borne by the subject, not by the law enforcement agency. If there are impounding fees, it is generally paid by the defendant, this is not an evidentiary impound as he understands it. There is no cost to the Alaska State Troopers or law enforcement as far as he could see. REPRESENTATIVE ELTON asked what happens if you impound a vehicle in a region or area which there is no impound facility, do you have to have a secure facility. MR. SMITH said in the bill impoundment would include disabling. For instance in Aniak, the vehicle could be disabled - potentially a boot, which we do not have very many of those, but a boot could be put on so it cannot be moved. He said he did not believe they would be required to lease or build an impound facility. REPRESENTATIVE HUDSON made a motion to move CSHB 358, Version P, out of committee with individual recommendations and attached zero fiscal note. Number 0857 REPRESENTATIVE MASEK objected. She said the bill covers motor craft and aircraft, she asked about watercraft. Number 0913 REPRESENTATIVE HUDSON said anything on the water is a purview of the Coast Guard. He did not believe there was state licensing. He noted he would temporarily remove his motion to advance the bill for further discussion. REPRESENTATIVE KELLY said motor vehicle covers that in the statute. REPRESENTATIVE MASEK removed her objection. Number 0953 REPRESENTATIVE HUDSON made a motion to move CSHB 358, Version P, dated 2/21/98, out with individual recommendations and attached fiscal note. There being no objection, CSHB 358(TRA) moved from the House Transportation Standing Committee.
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