02/23/1998 01:08 PM House TRA
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HOUSE TRANSPORTATION STANDING COMMITTEE
February 23, 1998
1:08 p.m.
MEMBERS PRESENT
Representative William K. (Bill) Williams, Chairman
Representative Beverly Masek, Vice Chair
Representative John Cowdery
Representative Bill Hudson
Representative Jerry Sanders
Representative Kim Elton
Representative Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL 251
"An Act naming Herman Leirer Road near Seward."
- MOVED SB 251 OUT OF COMMITTEE
CS FOR HOUSE BILL 358(TRA)
"An Act relating to impoundment or forfeiture of a motor vehicle or
aircraft; and providing for an effective date."
- MOVED CSHB 358(TRA) OUT OF COMMITTEE
HOUSE BILL 290
"An Act relating to motor vehicle license plates for ranchers,
farmers, and dairymen."
- MOVED CSHB 290(TRA) OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: SB 251
SHORT TITLE: NAMING HERMAN LEIRER ROAD
SPONSOR(S): SENATOR(S) TORGERSON, Leman, Taylor, Sharp, Mackie,
Duncan
Jrn-Date Jrn-Page Action
01/21/98 2252 (S) READ THE FIRST TIME - REFERRAL(S)
01/21/98 2252 (S) TRA
01/29/98 (S) TRA AT 1:30 PM BUTROVICH ROOM 205
01/29/98 (S) MINUTE(TRA)
01/30/98 (S) MINUTE(RLS)
01/30/98 2357 (S) TRA RPT 4DP
01/30/98 2357 (S) DP: WARD, LINCOLN, WILKERSON, GREEN
01/30/98 2357 (S) ZERO FISCAL NOTE (DOT)
02/02/98 2375 (S) RULES TO CALENDAR 2/2/98
02/02/98 2379 (S) READ THE SECOND TIME
02/02/98 2379 (S) ADVANCED TO THIRD READING UNAN
CONSENT
02/02/98 2379 (S) READ THE THIRD TIME SB 251
02/02/98 2380 (S) COSPONSOR(S): MACKIE, DUNCAN
02/02/98 2380 (S) PASSED Y17 N- E3
02/02/98 2380 (S) TRANSMITTED TO (H)
02/04/98 2216 (H) READ THE FIRST TIME - REFERRAL(S)
02/04/98 2216 (H) TRANSPORTATION
02/23/98 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 358
SHORT TITLE: MOTOR VEHICLE IMPOUNDMENT AND FORFEITURE
SPONSOR(S): REPRESENTATIVES(S) KELLY
Jrn-Date Jrn-Page Action
01/28/98 2153 (H) READ THE FIRST TIME - REFERRAL(S)
01/28/98 2153 (H) TRANSPORTATION
02/18/98 (H) TRA AT 1:00 PM CAPITOL 17
02/23/98 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 290
SHORT TITLE: LICENSE PLATES: RANCHES, FARMS, AND DAIRY
SPONSOR(S): REPRESENTATIVES(S) GREEN BY REQUEST
Jrn-Date Jrn-Page Action
01/12/98 2020 (H) PREFILE RELEASED 1/2/98
01/12/98 2020 (H) READ THE FIRST TIME - REFERRAL(S)
01/12/98 2020 (H) TRANSPORTATION
02/18/98 Text (H) TRA AT 1:00 PM CAPITOL 17
02/23/98 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
MARY JACKSON, Legislative Assistant
to Senator Torgerson
Alaska State Legislature
Capitol Building, Room 514
Juneau, Alaska 99801
Telephone: (907) 465-2828
POSITION STATEMENT: Testified on behalf of Senator Torgerson,
sponsor of SB 251.
REPRESENTATIVE PETE KELLY
Alaska State Legislature
Capitol Building, Room 411
Juneau, Alaska 99801
Telephone: (907) 465-2327
POSITION STATEMENT: As sponsor, testified in support of HB 385.
DEL SMITH, Deputy Commissioner
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811
Telephone: (907) 465-4322
POSITION STATEMENT: Testified in support of HB 385.
JUANITA HENSLEY, Chief, Drivers Services
Division of Motor Vehicles
Department of Administration
P.O. Box 20020
Juneau, Alaska 99811
Telephone: (907) 465-4361
POSITION STATEMENT: Testified in support of HB 290.
JEFF LOGAN, Legislative Assistant
to Representative Green
Alaska State Legislature
Capitol Building, Room 118
Juneau, Alaska 99801
Telephone: (907) 465-6841
POSITION STATEMENT: Testified on behalf of Representative Green,
sponsor of HB 290.
ACTION NARRATIVE
TAPE 98-7, SIDE A
Number 0001
CHAIRMAN WILLIAM K. (BILL) WILLIAMS called the House Transportation
Standing Committee meeting to order at 1:08 p.m. Members present
at the call to order were Representatives Williams, Masek, Cowdery,
Hudson, Sanders, Elton and Kookesh.
SB 251 - NAMING HERMAN LEIRER ROAD
Number 0034
CHAIRMAN WILLIAMS said the first order of business is SB 251, "An
Act naming Herman Leirer Road near Seward," sponsored by Senator
Torgerson.
Number 0159
MARY JACKSON, Legislative Assistant to Senator Torgerson, Alaska
State Legislature, read the mayor of Seward's comments dated
January 29, 1998, when Mayor Bob Satin testified before the Senate
Transportation Standing Committee. She said, "Mr. Herman Leirer
was a pillar of the community in many ways, but primarily in his
willingness to put forth much effort in time constructing a road
through Resurrection Valley to the Exit Glacier. That glacier has
since been accessed by over one million visitors. Mr. Satin
explained, as a National Park Ranger and geologist, he leads
interpretive tours to the Exit Glacier and is reminded daily that
Mr. Leirer made the access possible. The residents of Seward
believe the name designation is a fitting recognition of Mr.
Leirer's contribution, and will be a lasting memorial."
Number 0270
CHAIRMAN WILLIAMS asked if there were any questions of the
committee.
Number 0270
REPRESENTATIVE BEVERLY MASEK made a motion to move SB 251 from the
committee with individual recommendations and attached zero fiscal
note. There being no objection, SB 251 moved from the House
Transportation Standing Committee.
Number 0362
CHAIRMAN WILLIAMS asked for an at ease at 1:15 p.m. He called the
meeting back to order at 1:18 p.m.
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.
HB 290 - LICENSE PLATES: RANCHES, FARMS, AND DAIRY
Number 0991
CHAIRMAN WILLIAMS said the next order of business was HB 290, "An
Act relating to motor vehicle license plates for ranchers, farmers,
and dairymen," sponsored by Representative Green by request. He
indicated a proposed committee substitute was being distributed.
Number 1015
REPRESENTATIVE HUDSON made a motion to adopt the proposed committee
substitute for HB 290 for discussion.
CHAIRMAN WILLIAMS pointed out it was Version "B", dated 2/29/98.
Number 1094
JUANITA HENSLEY, Chief, Drivers Services, Division of Motor
Vehicles, Department of Administration, testified before the
committee. She referenced the proposed committee substitute, line
8, and said it puts back in the requirement that the person reside
on the farm which will limit the people who would be eligible to
apply. She indicated that was the only change.
Number 1177
JEFF LOGAN, Legislative Assistant to Representative Green, Alaska
State Legislature, testified for Representative Green. He said we
have proposed an amendment to the bill which limits the scope of
who can apply for the agricultural plates. That requires that the
person applying live on the farm or have their principal place of
business on the farm.
REPRESENTATIVE HUDSON made a motion to move HB 290, Version B,
dated 2/23/98, out of committee with individual recommendations and
attached zero fiscal note.
Number 1230
CHAIRMAN WILLIAMS asked if there was an objection. There being
none, CSHB 290(TRA) passed out of the House Transportation Standing
Committee.
ADJOURNMENT
Number 1278
CHAIRMAN WILLIAMS adjourned the House Transportation Standing
Committee meeting at 1:34 p.m.
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