Legislature(2001 - 2002)
03/15/2002 09:10 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE CS FOR CS FOR HOUSE BILL NO. 4(JUD)
"An Act relating to motor vehicles and to operating a motor
vehicle, aircraft, or watercraft; and providing for an
effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
REPRESENTATIVE NORM ROKEBERG, sponsor of the bill, explained this
bill maintains efforts to increase penalties and treatment programs
within the Department of Corrections in addition to a forfeiture
provision and confiscation of license plates. He stated these would
further the efforts to enforce existing state laws and protect the
public. He noted the accompanying fiscal notes are designed to
reflect the cost of implementing the program, and place the burden
of the costs on the offender through forfeiture of vehicle and an
increase in the level of fines.
Senator Austerman moved to adopt SCS CS HB 4, 22\LS0046\V as a
working draft.
There were no objections, and the committee substitute was ADOPTED
as a working draft.
Amendment #4: This amendment deletes the language on page 14, lines
9-16 as follows.
"Sec. 22. AS 28.15.291 is amended by adding a new subsection to
read:
(d) Notwithstanding other provisions in this title, a
municipality may adopt an ordinance providing for the
impoundment or forfeiture of a motor vehicle involved in the
commission of an offense described under this section or an
ordinance with elements substantially similar to an offense
described under this section. An ordinance adopted under this
subsection may be more stringent than or the same as but may not
be less stringent than provisions under this title or
regulations adopted under this title.
It additionally inserts new language to read as follows.
"*Sec. 22. AS 28.15.291(b) is amended to read:
(b) Upon conviction under (a) of this section, the court
(1) shall impose a minimum sentence of imprisonment
(A) if the person has not been previously
convicted, of not less than 10 days with 10 days
suspended, including a mandatory condition of
probation that the defendant complete not less than
80 hours of community work service;
(B) if the person has been previously
convicted, of not less than 10 days;
(C) if the person's driver's license,
privilege to drive, or privilege to obtain a
license was revoked under circumstances described
in AS 28.15.181(c)(1), or if the person was driving
in violation of a limited license issued under AS
28.15.201(d) following that revocation, of not less
than 20 days with 10 days suspended, and a fine of
not less than $500, including a mandatory condition
of probation that the defendant complete not less
than 80 hours of community work service;
(D) if the person's driver's license,
privilege to drive, or privilege to obtain a
license was revoked under circumstances described
in AS 28.15.181(c)(2), (3), or (4) or if the person
was driving in violation of a limited license
issued under AS 28.15.201(d) following that
revocation, of not less than 30 days and a fine of
note less than $1,000;
(2) may impose additional conditions of probation;
(3) may not
(A) suspend execution of sentence or grant
probation except on condition that the person serve
a minimum term of imprisonment and perform required
community work service as provided in (1) of this
subsection;
(B) suspend imposition of sentence; [AND]
(4) shall revoke the person's license, privilege to
drive, or privilege to obtain a license, and the
person may not be issued a new license or a limited
license nor may the privilege to drive or obtain a
license be restored for an additional period of not
less than 90 days after the date that the person
would have been entitled to restoration of driving
privileges;
(5) may order that the motor vehicle that was used
in commission of the offense be forfeited under AS
28.35.036; and
(6) shall, if the person has been previously
convicted under this section,
(A) order the motor vehicle used in the
commission of the offense forfeited under AS
38.35.036 or may order the motor vehicle taken to
the owner's residence or property and immobilized
for the period of time that the person's driver's
license is revoked; the court shall also require
the person to pay any administrative costs of
keeping the motor vehicle immobilized; or
(B) two or more times, order the motor vehicle
used in the commission of the offense forfeited
under AS 28.35.036."
This amendment inserts statutory reference of AS 28.15.291(b) where
applicable in the remainder of the bill.
Co-Chair Donley moved for adoption of Amendment #4.
Representative Rokeberg explained that Amendment #4 adds language
to the vehicle forfeiture provision.
JANET SEITZ, Staff to Representative Rokeberg, explained this
amendment would "maintain the current driving while license
suspended" provision and adds language addressing vehicle
forfeitures.
Senator Hoffman asked for clarification that when a driver is
convicted of a second offense for driving with a suspended license,
the vehicle would be forfeited.
Representative Rokeberg stated one purpose for offering this
amendment is to allow the Department of Corrections to assess the
costs incurred by the forfeiture.
Co-Chair Donley explained that fiscal notes have been difficult to
project for this bill, and once the bill is further defined through
the adoption of amendments, updated fiscal notes would be
forthcoming.
Senator Hoffman asked what would occur if a person is arrested a
second time for driving with a revoked license; but is not driving
a car they own.
Representative Rokeberg stated that the co-owner could re-register
the vehicle in their own name.
Senator Green asked for verification this would occur after the
incident.
Representative Rokeberg confirmed this is correct as one condition
of this offense mandates that the license plate be removed from the
car. He clarified that the re-registering would occur after this
procedure.
Senator Hoffman asked what would happen if the offense involves a
car the offender has borrowed from an unknowing and uninvolved
individual.
Ms. Seitz stated there is a provision allowing that owner to
retrieve the vehicle. She stated she would supply that information
to Senator Hoffman.
Co-Chair Donley reiterated that once a final committee substitute
is drafted, the "appropriate fiscal notes" would be forthcoming.
Representative Rokeberg voiced support of Co-Chair Donley's
comments and stated the intent of these amendments is to draft the
bill and develop the fiscal notes accordingly.
There were no objections, and Amendment #4 was ADOPTED.
Amendment #5: This amendment deletes the language on page 14, lines
9-16 as follows.
"Sec. 22. AS 28.15.291 is amended by adding a new subsection to
read:
(d) Notwithstanding other provisions in this title, a
municipality may adopt an ordinance providing for the
impoundment or forfeiture of a motor vehicle involved in the
commission of an offense described under this section or an
ordinance with elements substantially similar to an offense
described under this section. An ordinance adopted under this
subsection may be more stringent than or the same as but may not
be less stringent than provisions under this title or
regulations adopted under this title.
Senator Leman moved for adoption of Amendment #5.
Representative Rokeberg stated Amendment #5 deletes redundant
language in the bill concerning a municipality's ability to adopt
language regarding the impoundment or forfeiture of a vehicle
involved in an offense.
Senator Green remarked Amendment #5 contains information included
in Amendment #4.
Senator Leman stated that because Amendment #4 has been adopted,
Amendment #5 is WITHDRAWN.
Amendment #6: This amendment deletes language on Page 20, line 6-9
and inserts new language to read as follows.
"Information complied under this subsection is confidential
and may only be used in connection with court proceedings
involving the defendant's treatment, including use by a court
in sentencing a person convicted under this section, or by an
officer of the court in preparing a presentence report for the
use of the court in sentencing a person convicted under this
section."
This amendment also deletes "may" on Page 22, line 27 and inserts
"shall [MAY]" to read:
(4) shall [MAY] order [AS A CONDITION OF PROBATION OR PAROLE]
In addition, this amendment deletes language on page 29, lines 13-
16 and inserts new language to read as follows.
"
"Information complied under this subsection is confidential
and may only be used in connection with court proceedings
involving the defendant's treatment, including use by a court
in sentencing a person convicted under this section, or by an
officer of the court in preparing a presentence report for the
use of the court in sentencing a person convicted under this
section."
On page 32, line 11, this amendment deletes "may" and inserts
"shall [MAY]" to read:
(6) the court shall [MAY] also order forfeiture under AS
28.35.036, of the motor vehicle, [OR] aircraft, or watercraft
used in the commission of the offense, subject to remission
under AS 28.35.037; and
On page 32, line 14, this amendment inserts "the court" following
"7" to read:
(7) the court shall order the department to revoke the
registration for any vehicle registered by the department in
the name of the person convicted under this subsection: if a
person convicted under this subsection is a registered co-
owner of a vehicle, the department shall reissue the vehicle
registration and omit the name of the person convicted under
this subsection.
Senator Leman moved for adoption of Amendment #6.
Representative Rokeberg explained Amendment #6 introduces into the
bill, language allowing the Court the ability to access prior
treatment history in sentencing and presentencing reports.
Representative Rokeberg continued that inserting the word "shall"
places mandatory forfeiture in the felony Driving While Intoxicated
(DWI) section only.
Senator Green inquired if Amendment #6 would generate a fiscal
note.
Representative Rokeberg responded, "other forfeiture provisions
would trigger" the fiscal notes; however, all of the bill's
components would be discussed in committee.
There was no objection and Amendment #6 was ADOPTED.
Amendment #7: This amendment deletes language on page 35, lines 18-
19 and inserts new language to read as follows.
(c) Upon forfeiture of a motor vehicle, aircraft, or
watercraft, the court shall require the
(1) surrender of the registration and certificate of
title of that motor vehicle; the registration and certificate
of title shall be delivered to the department;
(2) owner of the motor vehicle, aircraft, or watercraft
to pay all administrative costs incurred by the state in
forfeiting the motor vehicle, aircraft, or watercraft,
including costs incurred by the department, law enforcement
personnel, or the court system.
Senator Leman moved for adoption of Amendment #7.
Representative Rokeberg stated this amendment would "provide a
statutory basis mandating that offenders pay all administrative,
law enforcement, and court system's costs relating to any vehicle
forfeiture." He affirmed a fiscal note would be generated to
reflect this.
There were no objections, and Amendment #7 was ADOPTED.
Co-Chair Donley recommended these amendments be incorporated into a
new committee substitute. He stated he would wait until updated
fiscal notes were generated before furthering Amendments #1, #2,
and #3.
Senator Hoffman inquired if Amendment #7 changes the language
appropriately.
Senator Green echoed Senator Hoffman comments.
Co-Chair Donley stated it would be the sponsor's discretion as to
how the amendments are worded.
Co-Chair Donley noted he would not be presenting Amendment #1. He
explained Amendment #2 would modify the amount of time required for
maintaining proof of fiscal insurance responsibility based on an
"escalating scale" on the number of DWI's a person has, and also
require proof of insurance when a vehicle is registered. He noted
that currently, proof of insurance is not required unless a person
is subject to special statute. He continued that each DWI
conviction would require proof of insurance for a longer period of
time.
Co-Chair Donley clarified that vehicle insurance is mandatory in
the State of Alaska, but individuals with DWI convictions would be
required to produce proof of insurance at registration.
Senator Green asked if proof of insurance would be required when a
vehicle is registered or when a driver's license is renewed.
Co-Chair Donley stated the intent is to require proof of insurance
at the time of vehicle registration; however, this would be
confirmed before Amendment #2 is furthered.
Senator Wilken stated proof of insurance is required at
registration or re-registration; however, currently no one is
required to produce proof of insurance, but instead signs a
declaration on the registration form verifying that insurance is in
place.
Co-Chair Donley stated that SR 22 is a form that requires the
insurance company to notify the state if insurance coverage is
cancelled.
Co-Chair Donley clarified that if a person is subject to SR 22
requirements as a result of being in an accident and not having
insurance, or convicted of a DWI, or if a vehicle judgment or claim
has not been paid, that individual has to produce physical proof of
insurance.
Senator Green inquired how proof of insurance is processed at
places other than a Division of Motor Vehicles facility.
Senator Wilken stated there are numerous state-approved locations
at which vehicles could be registered.
Representative Rokeberg explained the requirement to present
physical proof of insurance is identified on the registration forms
of those to whom it applies.
Representative Rokeberg voiced support for the amendment, and
continued that the State does not require insurance company
notification when individuals drop their vehicle insurance coverage
because it is "extraordinarily expensive" to manage.
Senator Green opined the State's enforcement of mandatory insurance
coverage has been minimal.
Senator Green asked for more information on Amendment #2 before the
Committee considers it.
Co-Chair Donley stated he would hold Amendment #2.
DOUG WOOLIVER, Administrative Attorney, Alaska Court System, stated
the Court System's fiscal note projects approximately 800
additional hearings a year in the District Courts as the result of
the provision for mandatory vehicle forfeiture. He stated if an
amendment passes regarding vehicle forfeitures for "driving while
license is suspended," the result would be approximately an
additional 1,000 hearings.
The bill was HELD in Committee.
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