Legislature(1995 - 1996)
02/27/1996 01:38 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 27, 1996
1:38 P.M.
TAPE HFC 96-51, Side 1, #000 - end.
TAPE HFC 96-51, Side 2, #000 - end.
TAPE HFC 96-52, Side 1, #000 - end.
TAPE HFC 96-52, Side 2, #000 - 283.
CALL TO ORDER
Co-Chair Mark Hanley called the House Finance Committee
meeting to order at 1:38
PRESENT
Co-Chair Hanley Representative Martin
Co-Chair Foster Representative Mulder
Representative Brown Representative Navarre
Representative Kelly Representative Parnell
Representative Kohring Representative Therriault
Representative Grussendorf was absent from the meeting.
ALSO PRESENT
Representative Scott Ogan; Representative Carl Moses;
Senator Dave Donley; Senator Robin Taylor; Tom Boutin,
Division of Forestry, Department of Natural Resources; Nico
Bus, Acting Director, Support Services Division, Department
of Natural Resources; Anne Carpeneti, Assistant Attorney
General, Criminal Division, Department of Law; Chris
Christensen, Staff Counsel, Alaska Court System; Juanita
Hensley, Chief Driver Services, Division of Motor Vehicles,
Department of Public Safety; Tim Rogers, Legislative Program
Coordinator, Municipality of Anchorage; Dave Harbour,
Anchorage Parking Authority; Bob Allen, Anchorage; Jay
Dulaney, Director,
Division of Motor Vehicles, Department of Motor Vehicles,
Department of Public Safety; Dean Brown, Deputy Director,
Division of Forestry, Department of Natural Resources; Tom
Smith, City Manager, City of Palmer.
SUMMARY
HB 352 An Act giving notice of and approving a
lease-purchase agreement with the City of Palmer
for a fire management facility at the Palmer
Airport.
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HB 352 was reported out of Committee with a "do
pass" recommendation and with a fiscal impact note
by the Department of Revenue, dated 2/2/96; and
with a zero fiscal note by the Department of
Transportation and Public Facilities, dated
2/2/96.
HB 466 An Act establishing the Adak Reuse Authority.
HB 466 was assigned to a subcommittee consisting
of Chair Foster as Chair and Representatives
Grussendorf and Kelly.
SB 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.
HCS CSSB 6 (CRA) was reported out of Committee
with a "do pass" recommendation and with four
fiscal impact notes; two by the Department of
Public Safety; one by the Alaska Court System; and
one by the Department of Corrections.
ALCOHOLIC BEVERAGE CONTROL BOARD
Co-Chair Hanley noted that the Committee had received and
reviewed the Governor's appointments to the Alcoholic
Beverage Control Board. The Governor has appointed:
Evely Beeter - Chistochina
Bert L Cottle - Valdez
Ellen L. Ganley - Fairbanks
Robert J. Klein - Anchorage
Co-Chair Hanley asked if any members of the House Finance
Committee wished to raise objections or interview the
appointees. No members expressed the desire to interview
appointees or raised objections. There being NO OBJECTION,
the House Finance Committee recommends that the appointments
be forwarded to a joint session for consideration. Co-Chair
Hanley noted that the recommendation does not reflect an
intent by any or the members to vote for or against an
appointment.
HOUSE BILL NO. 352
"An Act giving notice of and approving a lease-purchase
agreement with the City of Palmer for a fire management
facility at the Palmer Airport."
REPRESENTATIVE SCOTT OGAN, sponsor HB 352, testified in
support of the legislation. He noted that HB 352 would
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provide authorization for a lease-purchase agreement with
the City of Palmer to finance and build a Department of
Natural Resources fire management facility at the Palmer
Airport. He asserted that the agreement will save the State
$282.0 thousand dollars a year. He stressed that the State
will save $8.5 million dollars over 20 years. He observed
that the new facility would consolidate four wildland fire
facilities in the area of the Palmer Airport. He observed
that the Department of Natural Resources' flight operations
are currently run from a lease space at the Palmer Airport.
The administrative operations are coordinated in Anchorage.
Warehouse support is provided in Eagle River. Additional
administrative and warehousing activities occur at Big Lake.
He asserted that the legislation will make wildland fire
fighting response time more efficient. He explained that
materials are transported from the warehouse in Eagle River
to the Palmer Airport. He noted that response time effects
the level of fire support needed. He observed that the
Governor's Budget Summary recognizes that the project will
save the Department of Natural Resources money. The State
would own the facility at the end of the agreement.
Representative Ogan stressed that the City of Palmer has an
airport and undeveloped land available. The runway at the
Palmer Airport is long enough to operate fire support
planes. He emphasized that air traffic at the Palmer
Airport is less than at the Anchorage International Airport.
He maintained that the Palmer Airport is centrally located.
He added that Palmer also has community services and
commercial support options available. He observed that the
City of Palmer supports the project.
Representative Brown questioned how the project will improve
access. Representative Ogan observed that burning permits
would be transferred from Big Lake to Palmer.
Representative Brown questioned what services are located in
the Anchorage Frontier Building that would be moved to
Palmer.
TOM BOUTIN, DIRECTOR, DIVISION OF FORESTRY, DEPARTMENT OF
NATURAL RESOURCES replied that 4,200 square feet for
wildland fire logistics would be transferred. He noted that
the Urban and Community Forestry Program, Support Services,
Forest Stewardship and Resource Management Program will
remain in the Frontier Building. He clarified that Wildland
Fire Logistics would be the only function transferred.
Representative Brown asked why the legislation was not
introduced by the Governor. Mr. Boutin noted that the
legislation had already been introduced. He emphasized that
the Commissioner of the Department of Natural Resources
strongly supports the project.
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Representative Brown noted that the Department has pursued a
policy of letting fires burn. Mr. Boutin agreed that the
majority of land under state protection is in the let burn
category. He added that due to suburban sprawl the
percentage of land in the let burn category is at the
maximum. In response to a question by Representative Brown,
Mr. Boutin clarified that AS 41.15 requires the State to
perform fire suppression on state, municipal and private
land. He noted that the federal government reimburses the
State for fires fought on federal land and on Alaska Native
Claims Settlement Act lands. He noted that the 56 fire
districts around the State act under a cooperative
agreement.
DEAN BROWN, DEPUTY DIRECTOR, DIVISION OF FORESTRY,
DEPARTMENT OF NATURAL RESOURCES clarified that the Division
responds to wildland fires within the Municipality of
Anchorage. The Division does not respond to structure
protection unless a structure is threatened by an out growth
of a wildland fire. The Division does not respond to house
fires. Representative Brown questioned if fees for services
have been considered. Ms. Brown stated that they have not
considered instituting user fees.
Representative Brown asked if the City of Palmer is
available to bond for the facility. Mr. Boutin noted that
financing would be identical to the lease financing
obligation used to build the Palmer Courthouse.
Representative Brown suggested that most of the economic
benefit goes to the City of Palmer. She expressed concern
over the number of lease purchase agreements the State has
acquired. Mr. Boutin observed that lease purchases for real
estate are located in the front section of the operating
budget.
Representative Parnell asked if the State currently owns
other facilities used by the Division. Mr. Boutin observed
that the Eagle River facility is a portable warehouse that
could be moved or used by other agencies. It is on state
land. The Big Lake facility is state owned and is on state
land. He observed that the Department will not be out of
the lease space in the Frontier Building until the end of
the current rental agreement. The lease will expire in
July, 1999. The State could rent the space for another
agency. Representative Parnell questioned if the savings
would be to the State or to the Department only. Mr. Boutin
argued that there will be a savings to the State. He added
that materials are transported back and forth from Eagle
River to Palmer. Representative Ogan noted that other
agencies are interested in the Eagle River facility.
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Representative Parnell questioned if there would be a
savings to the State to build the facility with state funds.
Mr. Boutin noted that the true interest cost would be tax
free at approximately 5 percent. The state general fund is
invested at a taxable yield. He added that there is
arbitrage every time the State enters into a tax exempt
obligation.
Representative Therriault noted that the let burn policy is
based on the decision that there are benefits to letting
some areas burn. He pointed out that the policy is not
necessarily driven by the budget. He added that fees would
be difficult to administer and could have adverse effects on
fire suppression efforts.
Representative Navarre noted the Majority's budget plan
calls for significant reductions in the operating budget.
He suggested that it is premature to consider the project
authorization until the impact of reductions is seen. He
stated that the project does not appear to be a bad idea.
He asked what kinds of needs assessments are being done. He
maintained that today's assumptions will not hold true over
time.
Representative Brown referred to backup material provided to
the Committee by the Department of Natural Resources, "South
Zone Facilities Consolidation, Proposed Lease Finance at
Palmer Airport (copy on file). Brown noted that the FY 99
savings is shown at $24.8 thousand dollars. Mr. Boutin
explained that the on going annual facility savings is
estimated at $282.9 thousand dollars. There will be an
additional one time savings of $24.8 thousand dollar in FY
99. Ms. Brown explained that the transfer would occur in
phases transfer due to the seasonal nature of the fire
season.
NICO BUS, ACTING DIRECTOR, DIVISION OF ADMINISTRATIVE
SERVICES, DEPARTMENT OF NATURAL RESOURCES clarified that the
savings in
FY 99 will occur as the Department partially vacates the
office space at the Frontier Building. He explained that
General Services can move other positions into the space as
they are vacated before the lease expires. As positions are
transferred other rental space can be cancelled as leases
expire.
Representative Brown noted that the Department stated that
the cost of underground fuel storage tank replacements will
be mitigated by the move. Ms. Brown explained that the move
to Palmer will allow the Department to use available
commercial facilities for fuel storage. The Department
would no longer need to use underground oil tanks located at
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the Big Lake facility. These tanks would need to be
replaced if their use was continued.
TOM SMITH, CITY MANAGER, CITY OF PALMER testified via the
teleconference network. He observed that the City of Palmer
passed Resolution No. 1049 in support of the Forestry
Consolidation Project at the Palmer Municipal Airport.
Ms. Brown reviewed charts provided to the Committee. She
noted that 80 percent of fires are caused by humans. She
noted that the Department's operations are spread between
five locations. She emphasized that if the Department can
catch a fire when it is small that the cost is minimal. She
stressed that a project fire can cost the State $2.0 million
dollars or more. She emphasized that consolidation will
decrease response time and increase safety. She pointed out
that there are 30 miles between the Eagle River facility and
the Palmer Airport.
(Tape Change, HFC 96-51, Side 2)
Ms. Brown noted that basic public services would be
maintained in Anchorage. The central office which houses
all the federal programs and urban and community forestry
will remain in the Frontier Building. She stressed that
expenses associated with large project fires can be reduced
through greater efficiencies. She observed that population
has increased in areas that are not readily accessible by
road.
Co-Chair Foster MOVED to report HB 352 out of Committee with
individual recommendations and with the accompanying fiscal
notes. There being NO OBJECTION, it was so ordered.
HB 352 was reported out of Committee with a "do pass"
recommendation and with a fiscal impact note by the
Department of Revenue, dated 2/2/96; and with a zero fiscal
note by the Department of Transportation and Public
Facilities, dated 2/2/96.
Representative Navarre OBJECTED for purpose of discussion.
He questioned where the debt service on the project fits
into the Majority's overall plan and with the impact of
budget cuts. Representative Navarre WITHDREW his
objections.
Representative Brown OBJECTED for purpose of discussion.
Co-Chair Hanley stressed that the State will always have
fire fighting capability. He asked how current costs will
be financed if consolidation does not take effect. He
stressed that consolidation will save money over time.
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Representative Navarre questioned if consolidation will
result in savings. Mr. Boutin stated that the numbers show
both a future value and a discounted net present value
savings. He emphasized that the State will own the building
at the end of the lease. Representative Navarre argued that
reductions in the budget could result in deferred
maintenance. He emphasized that deferred maintenance could
result in the failure of the building before projected
savings can be realized. He stressed that any budget plan
must build in the project's cost over the next 20 years.
Representative Brown WITHDREW her objection.
Representative Kohring observed that savings will be
realized by increased efficiencies and improvements in
response time.
Representative Brown asked how the $6.0 million dollar
construction cost will be financed. Mr. Boutin noted that
the City of Palmer will issue a lease obligation.
HOUSE BILL NO. 466
"An Act establishing the Adak Reuse Authority."
Co-Chair Hanley assigned HB 466 to a subcommittee consisting
of Co-Chair Foster as Chair and Representatives Kelly and
Grussendorf.
REPRESENTATIVE CARL MOSES, sponsor HB 466, spoke in support
of HB 466. He noted that HB 466 would establish an Adak
Reuse Authority to serve as the facilitating body for
conversion of the Naval Air Base to civilian use. He
observed that there is no local government on Adak Island.
The Authority would perform administrative functions
relative to the Reuse Plan. He observed that the objective
of the Navy is to vacate the Adak site earlier than January
1998. The legislation would allow the Governor to appoint a
7 member Authority. The Authority would develop and
implement a comprehensive Reuse Plan. The Authority would
be empowered to enter into contracts, operate enterprises,
receive grants, assets and other funds, disburse funds,
distribute assets and issue revenue bonds. An enterprise
development account would also be established.
Representative Moses asserted that in line with base closure
procedures nationwide that the Department of Defense makes
some funding available for economic redevelopment. He
emphasized that communities and municipalities in the area
are supportive. He noted that the Coast Guard, Corps of
Engineers, Navy and other groups wish to maintain a presence
on the Island. He noted that Adak has a world class
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airfield, two deep water port facilities and a modern tank
farm. He observed that there are approximately $2.3 billion
dollars in fixed and rolling assets currently on the Island.
Representative Martin asked if there will be a cost to the
State. Representative Moses stated that he hoped that there
will not be any cost to the State. He noted that there is
considerable federal money available for the transition.
Representative Martin questioned the State's responsibility
to provide services until the transition takes place.
Representative Mulder stated that there are a number of
federal agencies that are interested in maintaining a
presence in Adak. He stated that the income derived from
federal agencies would offset operation costs. He stressed
that the transitional phase will be the most difficult.
In response to a question by Representative Martin,
Representative Moses stated that the highest point on the
Island is 2,500 thousand feet. He added that the every twin
jet that flies from Anchorage overseas uses the airport as
an alternate landing site. He observed that closure of the
airport would effect these flights.
Representative Martin noted that earthquakes are common, but
that there are no glaciers on the Island. Representative
Moses noted that the base has geothermal potential.
Representative Parnell asked if the State's Bond Council has
issued a legal opinion on the validity of the scope being
given to the Authority. Representative Moses stated that he
did not know of any legal opinions. In response to a
question by Representative Parnell, Representative Moses
noted that there will be proceeds from investments. He
anticipated that federal transition money would be
available.
Representative Parnell asked what would happen to the
Authority's assets if the Authority went bankrupt.
Representative Moses noted that the Authority cannot
obligate the State. Representative Mulder suggested that
the project would be moth-balled if the Authority did not
succeed.
Representative Brown asked if bonds issued by the Authority
would obligate the State. Representative Moses reiterated
that the legislation clarifies that the State cannot be
obligated. Representative Brown noted that up to $4.0
million dollars in bonds could be issued. Representative
Carl stated that he did not anticipate that bonds to that
magnitude would be issued. He clarified that specified
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revenue bonds could be issued for additional projects.
Representative Brown asked if the Authority would stand in
the place of a local government. Representative Moses
recommended that within one year of the formation of a first
class city or borough that the Authority fold into the
municipality. He clarified that the Navy will donate
facilities to the State without any requirement for payment.
Representative Brown referred to page 9, (b).
Representative Moses explained that the Authority would not
have taxation powers. Representative Brown questioned if
the State would have the power to tax.
TIM BENINTENDI, STAFF, REPRESENTATIVE MOSES agreed that the
Authority would not have the power to tax. The sponsor
agreed to clarify the intent of (b) on page 9.
Representative Martin referred to Fort Richardson and the
issue of Native rights to surplus military property.
Representative Moses noted that Native groups can work
through the Interior Department to obtain surplus military
equipment. Representative Martin asked if Adak has been
classified as surplus property. Representative Moses
pointed out that Adak is in the process of going through
base closure procedures.
Representative Brown noted that the operating budget of the
Authority would be subject to provisions of the Executive
Budget Act. She asked the relationship of the revenue
stream from the use of facilities at Adak. She questioned
how these funds could be subject to the Executive Budget Act
if they are not state funds. She referred to problems with
the Sutton/Glenallen intertie. She observed that it is not
always clear what is financially sound. She expressed
concern that the State will be responsible for additional
debt. She asked how the State could escape liability if
decisions are made by state officers.
HB 466 was assigned to a subcommittee consisting of Co-Chair
Foster as Chair and Representatives Grussendorf and Kelly.
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."
SENATOR ROBIN TAYLOR, sponsor SB 6, testified in support of
the HCS CSSB 6 (CRA). He noted that the intent of the
legislation is to encourage individuals to pay some of the
25,000 traffic fines for moving violations that go
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uncollected each year. He noted that HCS CSSB 6 (CRA) was
designed to provide additional leverage to the Alaska Court
System in the collection of fines. It would also apply to
an individual who fails to appear in court. He maintained
that HCS CSSB 6 (CRA) would be a valuable tool for use by
the courts in addressing the problems created by those who
choose to ignore the law, especially those who fail to make
court ordered appearances or to pay fines imposed by the
court. He explained that the legislation was based on laws
of other states. He observed that in the state of
Washington over 50 percent of those who receive notice of
possible sanctions clear up outstanding matters within one
week. He noted that HCS CSSB 6 (CRA) allows the court to
suspend the driver's license of anyone who fails to make a
court appearance or pay a fine. The legislation provides
that an offender's permanent fund dividend could be
attached. He asserted that HCS CSSB 6 (CRA) will generate
revenue, through the collection of outstanding fines and
reinstatement fees collected by the Division of Motor
Vehicles. He stressed that the legislation does not involve
parking violations.
Representative Brown observed that the accompanying fiscal
notes showed a net cost to the legislation. Senator Taylor
noted that the Department of Law's fiscal note, dated
2/23/96 was based on the assumption that requirements of the
bill could result in a jury trial and court appointed
counsel. He noted that the Department is anticipating that
the Court's ruling in Baker versus City of Fairbanks would
apply. He disagreed with the Department's assessment. He
did not feel that the $657.5 thousand dollar Court System's
fiscal note was justified.
Representative Mulder referred to a letter by the National
Motorist Association. He summarized that the letter
concludes that the legislation will raise a $15 dollar
ticket to the level of a suspended license charge. He asked
if Senator Taylor agreed with that conclusion. Senator
Taylor did not agree with their conclusion. He emphasized
that the legislation will provide motivation to pay fines.
Co-Chair Hanley pointed out that the fiscal notes by the
Department of Public Safety have not changed. He noted that
the Department of Law's new interpretation regarding
mandatory jury trials is the basis for increased fiscal
notes by the Alaska Court System and the Departments of Law
and Administration.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW explained that the Department's fiscal note is based on
the concern that the Court will rule that the Baker versus
City of Fairbanks ruling will apply to the legislation. The
10
Baker case ruled that a jury trial and subsequent court
appointed counsel is required due to the revocation of the
driver's license. She noted that the Department is
contesting the Court's ruling. She withdrew the Department
of Law's fiscal note (copy on file).
MIKE FORD, LEGAL COUNSEL, DIVISION OF LEGAL SERVICES stated
that in his opinion HCS CSSB 6 (CRA) will not trigger the
requirement for a jury trial. He noted that if enough
speeding tickets are acquired a person's license is revoked
under a point system. He stressed that because a license is
lost under a point system does not give rise to the right of
a jury trial for each ticket. He observed that if a person
fails to pay a fine or appear in court that there is a
collateral affect which may result in suspension of the
license. He acknowledged that the Court could rule that the
right to a jury trial pertains, but he did not think it
would do so.
Senator Taylor referred to "use it and loose it" legislation
passed in 1995. The Alaska Supreme Court ruled in Baker
versus City of Fairbanks, 471 P. 2d 386 (Alaska 1970) that
the revocation of a license as a penalty stemming from a
criminal offense requires a jury trial on the underlying
offense. He noted that the Department of Law is appealing
the Court's ruling. Ms. Carpeneti agreed that the Court's
ruling is being appealed.
Co-Chair Hanley noted that the Department of Law has
withdrawn their fiscal note.
CHRIS CHRISTENSEN, STAFF COUNSEL, ALASKA COURT SYSTEM stated
that the Alaska Court System would revise their fiscal note
to reflect the withdrawal of the Department of Law's fiscal
note. He explained that they would reinstate their original
fiscal note for $7.2 thousand dollars.
Co-Chair Hanley noted that the Department of
Administration's fiscal note from the Public Defender Agency
was also based on assumptions that a jury trial would be
required. Representative Mulder stated that it would be
consistent to revise the Department of Administration's
fiscal note to their original position.
Representative Brown referred to language on page 2, line
31. Ms. Carpeneti explained that the intent is that the
suspension for failure to appear would be terminated and
upon a finding of guilt for the underlying offense the
license be again suspended.
Mr. Ford pointed out that the provision relates to
suspension under the subsection. The provision only applies
11
if the offender was suspended for not appearing in court or
not paying the fine.
Representative Mulder questioned if Legislative Intent
should be added to indicate that the legislation is not
intended to entitle offenders to a jury trial.
Mr. Ford observed that the issue of jury trial is a matter
of constitutional interpretation. He did not think that an
expression of intent by the Legislature would affect the
Court's interpretation.
SENATOR DAVE DONLEY requested that the Committee return HCS
CSSB 6 (CRA) to the version that passed the Senate. He
noted that the legislation was amended in the House
Community and Regional Affairs Committee. He provided
members with an amendment that would restore HCS CSSB 6
(CRA) to the version passed by the Senate (Attachment 1).
He explained that HCS CS 6 (CRA) deleted a section added on
the floor of the Senate limited the authority of Parking
Authorities. He noted that Anchorage is the only
municipality that currently has a parking authority. He
provided members with a memorandum, dated 2/27/96
(Attachment 2). He explained that the amendment would
require citations issued by a municipality to conform with
the requirements of AS 12.25.200. He explained that this
would require that basic information would be provided on
any citation issued. The amendment would also require that
an appeals process substantially similar to state law be
provided. He observed that Attachment 2 compares the
Anchorage Parking Authority's appeals process to state law.
He stressed that under the Anchorage Parking Authority the
fine must be paid before the appeal process is completed.
Under the state process the fine is suspended until the
appeal is completed. He added that the legislation would
limit the authority of parking authorities to hire
individuals that are not peace officers to issue citations.
Individuals that are not peace officers could only issue
fines for one half of the fine structure adopted by the
Supreme Court. Peace officers could issue fines for the
full amount. He maintained that individuals hired to issue
citations would not have the same level of training as a
peace officer. He asserted that these employees would have
a conflict of interest since their salaries are derived from
writing citations. He alleged that these employees must
meet a quota. He observed that a person's permanent fund
dividend or license could be taken based upon citations
issued by the Anchorage Parking Authority. He stressed that
procedural protections need to be in place.
Co-Chair Hanley asked if Senator Donley could cite examples
of ticketing abuse by the Authority. Senator Donley
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stressed that he has received accounts that seem to have
inherent unfairness involved. He observed that an employee
of the Anchorage Parking Authority decides if a person's
objection is valid. He maintained that there is an inherent
conflict of interest in allowing the Anchorage Parking
Authority to establish their own appeals process.
In response to a question by Co-Chair Hanley, Senator Donley
noted that a person can appeal to the Superior Court. He
pointed out that a person must pay a $100.0 hundred dollar
non-refundable fee to appeal a citation by the Anchorage
Parking Authority before the Superior Court. He added that
a $750.0 dollar bond is also required.
Senator Taylor maintained that problems with the Anchorage
Parking Authority should be taken up with the Anchorage
Assembly. He stressed that HCS CSSB 6 (CRA) only involves
moving traffic violations. He spoke in support of HCS CSSB
6 (CRA).
Senator Donley suggested that the restriction on fine levels
could be removed and the other provisions maintained.
DAVE HARBOUR, ANCHORAGE PARKING ANCHORAGE (APA) testified
via the teleconference network. He maintained that APA's
appeal process is user friendly. He asserted that APA's
appeal proceedings are in compliance with the Administrative
Procedures Act and the Anchorage Municipal Code. He
observed that APA operates a toll free phone number to
answer questions about citations and appeals and that
appeals can be deliver by fax or mail. He stressed that on
request hearing officers provide hearing opportunities after
hours and on weekends. He asserted that no fee of any kind
is charged for an appeal. He noted that the deadline for
filing an appeal was increased from 7 to 30 days. No
payment penalty is assessed until 30 days after the issuance
of a written decision from the hearing officer. He noted
that APA supports requests for waivers of Superior Court
bond requirements. He stressed that HCS CSSB 6 (CRA) will
not effect APA's authority.
Mr. Harbour referred to Attachment 2. He maintained that
the appeal process meets all the tests imposed by the State
or municipality. He maintained that APA has responded to
requirements pertaining to information contained on the
citations issued by APA. He stressed that "if a ticket is a
bad ticket it should not be issued by anybody." He
maintained that APA tickets are not inferior just because
employees wear a different uniform. He stressed that
traffic offenses are not parking offenses. He stated that
quotas are not given to APA officers. He maintained that
APA officers do not receive bonuses based on tickets issued.
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He noted that the Port of Anchorage, Anchorage Telephone
Utility, Municipality of Anchorage's security office, State
Troopers, Anchorage Police Department and the Anchorage
International Security Office have employees trained and
certified by APA to issue tickets.
Mr. Harbour objected to language contained in Attachment 2.
He maintained that APA would be subject to a legal challenge
if it abused its authority.
Representative Brown questioned if APA has the authority to
forward fines to a collection agency while citations are on
appeal in Superior Court. Mr. Harbour stated that APA does
not recommend that citations be paid while on appeal. He
maintained that fines are suspended during appeal. He
agreed that APA has the municipal authority to refer fines
to collection agencies. He stated that he has no knowledge
of any case in which payment was not suspended during
appeal. He stated that if a citation is not appealed within
30 days the individual's right to appeal is forfeited.
After 30 days the individual is given notice that they have
another 30 days to pay the fine with an additional $15.00
dollar penalty. If the fine and penalty are not paid the
offender is given a notice that non-payment will result in
the fine's referral to a collection agency.
Senator Donley clarified that the information contained in
Attachment 2 was given to his staff by an employee of the
Anchorage Parking Authority.
TIM ROGERS, LEGISLATIVE PROGRAM COORDINATOR, MUNICIPALITY OF
ANCHORAGE, BOARD MEMBER, ANCHORAGE PARKING AUTHORITY
testified via the teleconference network. He spoke against
the amendment prepared by Senator Donley. He stated that
the amendment may infringe on municipal jurisdiction. He
maintained that the requirement to employ peace officers to
issue non-moving violations would place a financial burden
on the municipality or result in a lack of enforcement of
parking ordinances.
BOB ALLEN, ANCHORAGE testified via the teleconference
network. He spoke in support of the amendment prepared by
Senator Donley. He noted that the Anchorage Ombudsman
issued a report that APA's appeal process was unfair. He
acknowledged that the procedure in question was changed, but
maintained that APA changed their procedures grudgingly. He
alleged that APA's hearing procedure would not stand the
test of law. He criticized APA's hearing procedure.
JAY DULANEY, DIRECTOR, DIVISION OF MOTOR VEHICLES,
DEPARTMENT OF PUBLIC SAFETY clarified that the state fine
for an unregistered vehicle is $50.0 dollars. Senator
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Donley noted that the fine schedule is set by the State
Supreme Court. The amendment would limit APA to one half of
the fine schedule.
JUANITA HENSLEY, CHIEF DRIVER'S SERVICES, DEPARTMENT OF
PUBLIC SAFETY explained that municipalities are allowed to
set their own bail for mail in forfeitures. If a
Municipality of Anchorage peace office writes a citation for
failure to have a front license plate the municipal fine is
$75 dollars. If a state trooper or APA official write the
same citation it is a $50 dollar fine.
(Tape Change, HFC 96-53, Side 2)
Representative Mulder acknowledged that problems exist
within the Anchorage Parking Authority. He suggested that
problems with APA be addressed through other legislation.
Representative Kohring agreed that issues surrounding APA
should be addressed in separate legislation.
Representative Mulder MOVED to report HCS CSSB 6 (CRA) out
of Committee with individual recommendations and with the
accompanying fiscal notes from the Department of Public
Safety, Department of Corrections and Alaska Court System's
revised fiscal note of $7.2 thousand dollars. There being
NO OBJECTION, it was so ordered.
HCS CSSB 6 (CRA) was reported out of Committee with a "do
pass" recommendation and with four fiscal impact notes; two
by the Department of Public Safety; one by the Alaska Court
System; and one by the Department of Corrections.
ADJOURNMENT
The meeting adjourned at 3:55 p.m.
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