03/29/2010 01:30 PM House FINANCE

HOUSE BILL NO. 386                                                                                                            
                                                                                                                                
     "An  Act establishing  a uniform  format and  procedure                                                                    
     for  citations for  certain  violations  of state  law;                                                                    
     relating  to the  form,  issuance,  and disposition  of                                                                    
     citations for  certain violations; relating  to certain                                                                    
     crimes and penalties  for noncompliance with citations;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
Co-Chair   Hawker  MOVED   CSHB   386  (FIN),   26-LS1525\E,                                                                    
Luckhaupt, 3/25/10 as a working document.                                                                                       
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
Co-Chair  Hawker referred  to page  8, line  23, there  is a                                                                    
small clarification that adds the  words  "be in writing" to                                                                    
make sure the citations involved  have a written paper trail                                                                    
behind them.                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, CSHB  386 (FIN) was adopted  as a working                                                                    
document.                                                                                                                       
                                                                                                                                
Co-Chair  Hawker, the  sponsor of  the bill,  explained that                                                                    
this  is the  first hearing  of the  bill in  house finance.                                                                    
This legislative  request was brought  by the  Department of                                                                    
Public Safety in regard to  their efforts in recent times to                                                                    
identify how they can establish  uniformity and simplify the                                                                    
procedure for the processing  of citations for "violations."                                                                    
Across the  state there has  been a lack of  consistency and                                                                    
an  increase in  inefficiency  and cost,  especially as  the                                                                    
agencies  have  been  attempting   to  adapt  to  electronic                                                                    
processing of these  citations. This bill is  intended to be                                                                    
unification and standardization of citations.                                                                                   
                                                                                                                                
2:53:13 PM                                                                                                                    
                                                                                                                                
JULI  LUCKY,  STAFF,  CO-CHAIR   HAWKER  presented  a  short                                                                    
overview of the  bill. This bill sets up  a uniform citation                                                                    
format which  is established by  the commissioner  of Public                                                                    
Safety  by   regulation.  It  also  establishes   a  uniform                                                                    
citation   process  with   standard  reasonable   deadlines,                                                                    
standard    penalties,   and    standard   record    keeping                                                                    
requirements.                                                                                                                   
                                                                                                                                
LIEUTENANT   KAT  PETERSON,   ALASKA  STATE   TROOPERS  (via                                                                    
teleconference)   added   that   state  troopers   and   the                                                                    
Department of  Public Safety have  tried to push  through to                                                                    
fix some of the law  identified for a standardized format of                                                                    
the citations for all statewide  law enforcement. This would                                                                    
apply to both  paper and electronic formats. The  goal is to                                                                    
be   more  efficient,   effective   and   cheaper  for   the                                                                    
departments.                                                                                                                    
                                                                                                                                
2:56:27 PM                                                                                                                    
                                                                                                                                
Representative  Gara inquired  if this  bill turns  anything                                                                    
into a crime  that was not previously a  crime. Lt. Peterson                                                                    
responded  no. Representative  Gara inquired  if there  is a                                                                    
new warrant provision. Ms. Lucky responded no.                                                                                  
                                                                                                                                
2:57:51 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze asked for any questions.                                                                                       
                                                                                                                                
Representative  Fairclough  noted  that Section  44  of  the                                                                    
Overview   Section  allows   citations  to   be  given   for                                                                    
violations in the Knik River  Public Use Area which may have                                                                    
not been previously allowed.                                                                                                    
                                                                                                                                
DAVID BROWER, ASSISTANT ATTORNEY  GENERAL, DEPARTMENT OF LAW                                                                    
declared that no new crimes are created with this bill.                                                                         
                                                                                                                                
3:00:03 PM                                                                                                                    
                                                                                                                                
Representative  Salmon referred  to page  1, line  8 of  the                                                                    
bill  and  asked  for the  definition  for  an  "established                                                                    
village."                                                                                                                       
                                                                                                                                
Mr.  Brower responded  the definition  was  in current  law.                                                                    
This bill would not change anything.                                                                                            
                                                                                                                                
Representative Salmon questioned  what the term "established                                                                    
village" refers to.                                                                                                             
                                                                                                                                
Co-Chair Stoltze expounded that it is in existing law.                                                                          
                                                                                                                                
Mr. Brower assumed the term was defined somewhere in law.                                                                       
                                                                                                                                
Co-Chair Stoltze asked for public testimony.                                                                                    
                                                                                                                                
Co-Chair Stoltze closed public testimony.                                                                                       
                                                                                                                                
3:02:06 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hawker  reported zero  fiscal  notes  with no  new                                                                    
amendments.                                                                                                                     
                                                                                                                                
Co-Chair  Hawker MOVED  to report  CS  HB 386  (FIN) out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CS HB  386 (FIN) was  REPORTED out  of Committee with  a "do                                                                    
pass"  recommendation  and  with previously  published  zero                                                                    
fiscal notes: FN1 (DCED), FN2 (DLWD), FN3 (DPS)                                                                                 
                                                                                                                                
3:03:09 PM     AT EASE                                                                                                        
3:03:53 PM     RECONVENED