Legislature(1995 - 1996)

03/30/1995 09:15 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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       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.                        
                                                                               

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