Legislature(1995 - 1996)
03/30/1995 09:15 AM FIN
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE BILL NO. 6 "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine." Joe Ambrose, Legislative Aid to Senator Taylor, in responding to the wishes of the committee, spoke to the current work draft CSSB 6, draft number #L0091/F, with a fiscal note of $38.0 from the Dept. of Corrections. The work draft changes the title, and includes additional language. Senator Donley stated that the costs of $25 for court, and $10 for collection seems low compared to actual costs. Senator Phillips asked that the bill be redefined since there have been several changes. Mr. Ambrose briefly covered each section of the bill and explained the changes made. He pointed out that in Section 1, there is intent language that says, "It is the intent of the legislature that after a person has made a required court appearance or paid a fine required by the court, that any driver's license suspension imposed by the court be terminated as quickly as possible." Discussion revolved around the Anchorage Parking Authority and the practice of issuing citations for parking violations. The APA cites under municipal ordinance for failing to follow state law. The APA fine is $75 and follows a different procedure. Senator Donley suggested that the middle ground to solving this procedure is to regulate the fine imposed by the APA to 50%, or some percentage, of the state fine. Senator Phillips said the state issues the license plates and registration, so therefore it should be a state responsibility to enforce those laws. The APA enforces the parking in Anchorage. They want to expand their authority to include other non-moving violations. The question is, does the legislature give them that authority? Co-chair Halford said, they have that authority now. Senator Donley supports the portion of the bill that says the municipality must use the same appeals process that the state uses. He cited the difference between being cited by the state and the municipality. Co-chair Halford invited Juanita Hensley, Dept. of Motor Vehicles. She stated that the Anchorage Parking Authority (APA) by issuing the citation has a compliance standard, higher than in other areas of the state. Mr. Ambrose read a letter from the Mayor of Anchorage, dated March 24th, "By not allowing parking code enforcement officers to cite registration on parked vehicles, the bill would put us in the position of either not enforcing the 35,000 registration violations we currently cite per year, or having the police department provide that enforcement. Senator Sharp stated that the complaints are coming from people who not only did register their vehicles, but mistakingly placed the sticker in the wrong place or on the wrong plate, and therefore obtained a fine. Ms. Hensley stated that in 1987, this legislature passed a law that allowed a municipality to set their own fines, and to collect those fines for revenue for that municipality. Currently, the cities of Fairbanks, Anchorage, Juneau, Sitka and Ketchikan, write their own traffic citations under their own city ordinances. The state does not see the money from the fines. If they contest the citation, it goes to court, and the court keeps a portion of it and remits the remaining to the city. Senator Phillips MOVED to adopt CSSB 6(FIN), version L0091\F. No objection having been heard, it was ADOPTED. Senator Rieger answered Senator Zharoff's question stating that AS 43 23 065 is the statute which exempts a portion of the permanent fund dividend from attachment, except for specific exemptions. Senator Rieger MOVED for passage of CSSB 6 (FIN) with individual recommendations and accompanying fiscal notes. No objection having been heard CSSB 6 (FIN) was REPORTED OUT of committee with the following fiscal notes: Dept. of Public Safety, Troopers, zero; Alaska Court System, $7.2; Dept. of Public Safety, Dept. of Motor Vehicles, $114.6; and Dept. of Corrections $38.0. Co-chair Frank and Senators Phillips and Donley recommended "do pass". Co-chair Halford and Senators Rieger, Zharoff, and Sharp signed "other recommendations". ADJOURNMENT The meeting was adjourned at approximately 10:00 a.m.