Legislature(1995 - 1996)
1995-04-13 Senate Journal
Full Journal pdf1995-04-13 Senate Journal Page 1030 SB 6 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" was read the third time. Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Ellis objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Taylor offered Amendment No. 1 : Page 1, lines 1 - 2: Delete "registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine" Insert "suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses" 1995-04-13 Senate Journal Page 1031 SB 6 Page 1, line 4, through page 2, line 10: Delete all material and insert: "* Section 1. PURPOSE AND INTENT OF SECTION 5. The purpose of sec.5 of this Act is to create a mechanism to enforce citations issued for offenses involving a moving motor vehicle. 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. * Sec. 2. AS12.25.200(b) is amended to read: (b) A citation issued under AS12.25.180 must indicate (1) the amount of bail or fine applicable to the offense; (2) [,] the procedure a person must follow in responding to the citation; (3) [, AND] that if the person fails to pay the bail or fine the person must appear in court; (4) that failure to pay the bail or fine or appear in court for an offense involving a moving motor vehicle may result in (A) suspension of the person's driver's license, privilege to drive, or privilege to obtain a license; or (B) attachment of the person's permanent fund dividend to pay the fine plus court and collection costs under AS28.05.155; and (5) [. IN ADDITION, A CITATION MUST INDICATE] that the person has a right to (A) [(1)] a trial; (B) [(2)] engage counsel; (C) [(3)] confront and question witnesses; (D) [(4)] testify; and (E) [(5)] subpoena witnesses on the person's behalf. * Sec. 3. AS28.01.010 is amended by adding a new subsection to read: 1995-04-13 Senate Journal Page 1032 SB 6 (h) A municipality may not (1) issue a citation for a traffic offense unless the citation complies with the provisions of AS12.25.200; or (2) enact a parking citation trial or appeal process unless the trial or appeal process and fees charged for it are substantially similar to the applicable trial or appeal process adopted by the Alaska Supreme Court or imposed by law. * Sec. 4. AS28.05 is amended by adding a new section to read: Sec. 28.05.155. COURT AND COLLECTION COSTS. If a person's permanent fund dividend is attached to pay the bail or fine for an offense involving a moving motor vehicle, the court shall increase the bail or fine of that person by at least (1) $25 for court costs; and (2) $10 for collection costs." Renumber the following bill section accordingly. Senator Taylor moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 6 Second Reading Amendment No. 1 YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, Phillips, Salo, Zharoff Excused: Donley and so, Amendment No. 1 was adopted. 1995-04-13 Senate Journal Page 1033 SB 6 SENATE BILL NO. 6 am was automatically in third reading. The question being: "Shall SENATE BILL NO. 6 am "An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses" pass the Senate?" The roll was taken with the following result: SB 6 am Third Reading - Final Passage YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, Phillips, Salo, Zharoff Excused: Donley and so, SENATE BILL NO. 6 am failed. Senator Kelly gave notice of reconsideration.