Legislature(1995 - 1996)
03/17/1995 10:20 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
March 17, 1995
10:20 a.m.
TAPES
SFC-95, #19, Side 1 (071-410)
CALL TO ORDER
Senator Rick Halford, Co-chairman, convened the meeting at
approximately 10:20 a.m.
PRESENT
In addition to Co-chairmen Halford and Frank, Senators
Donley, Rieger, and Phillips were present. Senator Sharp
arrived soon after the meeting began. Senator Zharoff did
not attend.
ALSO ATTENDING: Senator Taylor; Lt. Ted Bachman, Dept. of
Public Safety; Lee Ann Lucas, Special Assistant, Dept. of
Public Safety; Joe Ambrose, aide to Senator Taylor; and
aides to committee members and other members of the
legislature.
ALSO PARTICIPATING VIA TELECONFERENCE FROM ANCHORAGE:
Juanita Hensley, Chief, Driver Services, Dept. of Public
Safety.
SUMMARY INFORMATION
SB 6 - LICENSING/REGISTRATION SUSPENSION/DENIAL
A draft CSSB 6, dated 3/16/95, was distributed for
review. Discussion was had with Senator Taylor
and Juanita Hensley. The bill was subsequently
HELD in committee for additional work on the draft
by Senator Frank and Senator Taylor.
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.
Co-chairman Halford directed that SB 6 be brought on for
discussion and further directed attention to a draft CSSB 6
(9-LS0091\C, Ford, 3/16/95). Senator Robin Taylor, sponsor,
came before committee. He explained that the proposed draft
modifies the bill to cover concerns raised when the bill was
applied to Anchorage where there have been problems in the
manner in which parking violations are enforced. Senator
Taylor said he had not initially intended to address the
parking issue.
Senator Randy Phillips referenced correspondence from Larry
Wood expressing concern regarding the bill. JOE AMBROSE,
aide to Senator Taylor, advised of a conversation with Mr.
Wood, indicating that Mr. Wood is of the opinion that the
bill will increase rather than decrease the burden on the
court system. The view of the sponsor is that the bill will
enable the courts to move faster because it will not
necessarily have to issue a warrant and send out a trooper.
The operator's license will simply be suspended, and when
the operator attempts to renew the license, he or she will
have to pay the fine.
Mr. Ambrose advised that there are 25,000 outstanding fines
each year. That does not appear to be a problem for Mr.
Wood. There is a philosophical difference as to whether or
not people should be required to pay fines.
Senator Phillips next inquired regarding a suggestion that
unpaid court fines be sent to a private collection agency.
Senator Taylor explained that there would be no benefit in
such an arrangement. A collection agency is not necessary
if failure to pay the fine is tied to the ability to obtain
a driver's license. Enforcement of the fine is automatic
when individuals with outstanding fines apply for or attempt
to renew the license.
Co-chairman Frank asked if the sponsor considered
withholding individual permanent fund dividends until the
fine is paid. Senator Taylor said that many options were
considered for enforcement of criminal fines in general.
The Co-chairman suggested that deterrent within the proposed
bill should focus on the dividend.
Co-chairman Halford questioned the lack of a fiscal note
from the Dept. of Corrections. He noted a substantial
correctional system impact from the second tier of DWI
offenses. He asked if the proposed bill would impose the
same penalty for DWLS (driving with license suspended)
following failure to pay a fine as current statutes apply to
DWLS following a DWI conviction.
In response to a question from Senator Rieger, Senator
Taylor advised that DWLS is a misdemeanor. Senator Rieger
then asked if it could be incorporated within day fines
legislation and avoid impact on corrections. Senator Taylor
responded affirmatively. Co-chairman Halford voiced need
for a separation between DWLS for DWI offenses versus
license suspensions for fine offenses.
JUANITA HENSLEY, Chief of Driver Services, Division of Motor
Vehicles, Dept. of Public Safety, next spoke via
teleconference from Anchorage. She explained that the first
offense of driving with a suspended or revoked license
carries a mandatory 10 days with 10 days suspended. In lieu
of serving 10 days, an individual may perform 80 hours of
community work service.
In response to a question from Co-chairman Frank, Senator
Taylor said that the bill would apply to all fines for
moving traffic violations. Most would amount to $150 or
$200. Co-chairman Frank voiced his belief that individuals
would be highly motivated to pay their fines rather than
risk loss of the $1,000 dividend. Senator Taylor noted that
the dividend is only paid once a year. That allows eleven
months in which to "dodge fines and leave town." Co-
chairman Frank advised that license renewal occurs every
five years. The backlog in court fines totals many
millions. Senator Taylor explained that the individual's
license would be suspended upon failure to pay a fine or
failure to appear in court. Co-chairman Frank questioned
need to incur costs relating to the court system, public
defender, and prosecutor, when denial of the permanent
dividend would serve as a much greater deterrent. Senator
Taylor noted need to determine whether the individual is
actually guilty as charged. No such decision has been made
when an individual has merely failed to appear. Co-chairman
Frank suggested that the individual become ineligible for
the dividend for failure to appear in court.
Senator Taylor attested to his belief that deterrence would
be enhanced as knowledge of the automatic suspension becomes
known. Experience in the state of Washington shows that 50%
of those whose licenses are suspended pay within the first
week. Co-chairman Frank questioned the impact of the
remaining 50% on the correctional system.
Discussion followed regarding civil rather than criminal
enforcement of traffic violations. Co-chairman Frank voiced
his belief that the criminal justice system should focus on
more serious crime.
Co-chairman Halford voiced his understanding that the
penalty of license suspension for failure to respond to a
moving citation is legitimate and done in many other states.
He expressed concern, however, over the possibility that the
DWLS penalty for DWI would be applied to DWLS for failure to
pay a traffic fine. Senator Taylor noted that a number of
suspensions result from accumulation of points by young
people. The legislature long ago decided "to be very harsh
on people driving with suspended licenses in the hopes that
they would force people to come back into the system." Co-
chairman Halford noted that the penalty is harsh because the
practices of building up points and driving while
intoxicated are dangers to other people. Failure to pay a
fine for a burned out tail light is a cost and aggravation
but not an immediate danger to other people.
Co-chairman Frank voiced need for information on the number
of people in jail for "this type of offense." He voiced
reluctance to add to the prison population.
Discussion followed between Senator Taylor and Senator
Rieger concerning the prevalence of differing types of
moving and equipment violation citations issued in various
districts of the state. Juanita Hensley said that the
proposed bill speaks strictly to moving violations.
Equipment violations are a correctable offense. If the
defect is repaired and the repaired vehicle is presented to
the law enforcement agency within 10 days, the ticket is
dismissed.
Senator Taylor suggested that the issue of denial of
permanent fund dividends to misdemeanants be limited to
Senator Frank's legislation (SB 135).
Co-chairman Frank agreed that SB 6 would motivate more
people to pay their fines. It will also result in "more
people doing more jail time." Senator Taylor concurred. He
reiterated opportunity to utilize day fines and suggested
that most people would "want to find some other way than
sitting in jail for 10 days . . . ."
Discussion followed regarding problems stemming from
mandatory sentencing.
Further discussion followed regarding the motivational
capability of the permanent fund dividend.
Senator Donley voiced his belief that those who lose their
license have it suspended or revoked for good reason. When
they continue to drive, there is need for a substantial
penalty. Co-chairman Frank said he concurred in the
instance of DWI charges. He again questioned whether people
should be incarcerated for failure to pay a fine. He
further questioned the advisability of undertaking an
expensive process (court, public defender, and prosecutor
time) to obtain a $150 fine, while on the other hand
providing the individual a $1,000 dividend later in the
year. Senator Taylor explained that judges are already
dealing with the paper work associated with the proposed
bill.
Co-chairman Halford voiced need for fiscal note information
from the Dept. of Corrections. He then suggested that Co-
chairman Frank and Senator Taylor continue to work on the
bill.
ADJOURNMENT
The meeting was adjourned at approximately 10:50 a.m.
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