Legislature(1995 - 1996)
04/15/1996 01:37 PM Senate CRA
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SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
April 15, 1996
1:37 p.m.
MEMBERS PRESENT
Senator John Torgerson, Chairman
Senator Randy Phillips, Vice Chairman
Senator Tim Kelly
Senator Fred Zharoff
Senator Lyman Hoffman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 474(JUD)(title am)
"An Act relating to civil violations of municipal ordinances, and
to civil penalties for violation of municipal ordinances by
juveniles."
PREVIOUS SENATE COMMITTEE ACTION
HB 474 - See Community & Regional Affairs minutes dated 4/15/96.
WITNESS REGISTER
Marveen Coggins, Aide to Representative Cynthia Toohey
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 474
Diane Worley, Director
Division of Family & Youth Services
Department of Health & Social Services
P.O. Box 110630
Juneau, AK 99811-0630
POSITION STATEMENT: Testified in support of HB 474
Carmen Clark-Weeks
Municipality of Anchorage
P.O. Box 196650
Anchorage, AK 99519-6650
POSITION STATEMENT: Testified in support of HB 474
Bob Bailey
Anchorage Chamber of Commerce
4021 Edinburgh
Anchorage, AK 99515
POSITION STATEMENT: Supports HB 474
Duane S. Udland, Deputy Chief
Anchorage Police Department
Municipality of Anchorage
Anchorage, AK
POSITION STATEMENT: Testified in support of HB 474
Ann Carpeneti
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Offered information on HB 474
ACTION NARRATIVE
TAPE 96-21, SIDE A
Number 001
CSHB 474(JUD)(tile am) VIOLATIONS OF MUNICIPAL ORDINANCES
CHAIRMAN TORGERSON called the Senate Community & Regional Affairs
Committee meeting to order at 1:37 p.m. and brought CSHB 474(JUD)
(title am) before the committee as the only order of business
MARVEEN COGGINS, aide to Representative Cynthia Toohey who is prime
sponsor of HB 474, said the legislation was introduced at the
request of the Municipality of Anchorage to help address juvenile
crime at the municipal level. It will allow municipalities to
better respond to less serious juvenile behavior by expanding its
jurisdiction to include the ability to subject juvenile offenders
to civil violation. It will also allow the state juvenile justice
system to focus on the more serious criminal activity while
assuring that the juvenile offenders of less serious offenses can
receive more immediate consequences for their actions at the
municipal level.
Number 058
SENATOR TORGERSON referred to language on page 1, line 14 and asked
if it was really intended to have each day be a violation. MS.
COGGINS responded that it is almost more of a clarification that
this section of the statute includes a minor. She said she has
checked with the various entities who have been working on this
bill and they feel that they would not want to change the "each
day" language to address minors differently.
SENATOR TORGERSON said Section 3 provides that a copy of the civil
complaint goes to the commissioner of health and social services or
the commissioner's designee on every offense. He said on curfew
violations, or graffiti, etc., that may be something they may want
to have happen, but there are other ordinances that he assumes
would come under this that wouldn't necessarily have anything to do
with a police officer writing a citation or somebody making that
notice available to the commissioner. He suggested this could be
an extra burden they are placing upon local governments.
Number 095
DIANE WORLEY, Director, Division of Family & Youth Services,
Department of Health & Social Services, said the division requested
this language because if these violations were outside of the
juvenile system, they wanted some way to make sure that they had
information about certain patterns of behavior with youth. If they
at a later date got into the juvenile justice system, they did not
want to have a youth have numerous ordinance violations and yet
come into the juvenile justice system and be considered a first
time offender because they have no record or history of their
behavior up to that point. Also, it will keep them informed as to
juveniles who are on probation.
Number 135
SENATOR TORGERSON asked Senator Hoffman, if, as a past city
manager, he sees problems with Section 3. SENATOR HOFFMAN replied
it would depend on whether they required a report on a daily basis
or on a monthly basis. He added that if it's handled properly,
like on a monthly basis, it wouldn't be as much paper work, but if
it is required on a more immediate basis, it might require another
full-time position. MS. WORLEY responded that the department has
not set up any specifics of that process, but she thinks that the
department and the municipality can come up with a reasonable
process that will work for both sides.
Number 170
SENATOR TORGERSON referred to subsection (b) on page 2, and
questioned if it should specify that it is a municipal hearing
officer rather than just a hearing officer. MS. COGGINS said she
spoke to the Department of Law regarding this provision and they
pointed out it is an optional process and they would prefer not to
have municipal in there because there are times that they might
contract out.
CARMEN CLARK-WEEKS, representing the Municipality of Anchorage,
said she didn't think it makes a lot of difference. She said since
it already says "allegations against a minor for a civil penalty
under municipal ordinance may be assigned a hearing officer" then
those would have to go to some type of municipal employee. Under
the current system they cannot go to a state hearing officer for
violation of municipal code under any circumstances except through
appeal of a municipal or administrative decision based on the way
Title 14 of the Anchorage Municipal Code is drafted and based on
the way the Appellate Rules to the state courts are drafted.
Ms. Clark-Weeks also suggested that on page 2, line 5, Section 3,
adding clarifying language "which relates to the purposes of the
Department of Health and Social Services."
Number 262
BOB BAILEY, representing the Anchorage Chamber of Commerce, said
juvenile crime is a huge problem and a growing problem in the
state, and particularly, in the Municipality of Anchorage. The
municipality is virtually helpless is the area of juvenile crime
because they have absolutely no jurisdiction. Everything has to be
turned over to the state system, and although it is a good system,
it is overburdened. He requested the committee's support of HB 474
because the Chamber believes it is an important first step to
fighting juvenile crime, not only in Anchorage, but statewide.
Number 285
DUANE UDLAND, Deputy Chief, Anchorage Police Department, voiced his
support for the clarification language suggested by Ms. Clark-
Weeks. The department sees the legislation as something for the
municipalities to help the state out by taking up some of the
slack. He urged passage of the legislation.
Number 310
SENATOR TORGERSON brought the amendment proposed by the
Municipality of Anchorage before the committee for its
consideration. On page 2, line 5: After the word "ordinance"
insert "which relates to the Department of Health & Social
Services." SENATOR KELLY moved adoption of the amendment. Hearing
no objection, the Chairman stated the motion carried.
SENATOR TORGERSON again referred to subsection (b) on page 2 and
asked if it should defined as a state hearing officer or a
municipal hearing officer. ANN CARPENETI, Department of Law, said
she believes it is clear enough in the legislation that it is a
municipal hearing officer. She talked to the deputy municipal
attorney for the Municipality of Anchorage and was told they have
a hearing officer in-house. They prefer not to add the word
"municipal" because of the possibility of contracting with a
hearing officer in the event that there is a conflict of interest
with their in-house hearing officer.
Number 326
SENATOR TORGERSON asked for the pleasure of the committee.
SENATOR KELLY moved that SCS CSHB 474(CRA) be passed out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
There being no further business to come before the committee, the
meeting was adjourned at 1:58 p.m.
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