Legislature(2021 - 2022)BARNES 124
05/18/2021 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB76 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 76 | TELECONFERENCED | |
SB 76-ABANDONED VEHICLES; PRIVATE PROPERTY
1:05:19 PM
CHAIR HOPKINS announced that the only order of business would be
SENATE BILL NO. 76, "An Act relating to vehicles abandoned on
private property."
1:05:41 PM
SENATOR JESSE KIEHL, Alaska State Legislature, as prime sponsor,
presented SB 76. He said vehicles get abandoned in various
places, including business parking lots, driveways of rental
properties, and other privately owned properties. He described
a situation in which the property owner attempts to contact the
last registered owner and is either not able to do so or the
last registered owner is not the current owner of the vehicle.
In that situation, under current law, the property owner must
wait six months to begin a process of notification to the last
registered owner, certified notification receipt, notification
to any lean holders, which eventually leads to the property
owner getting title to the vehicle, at which point the property
owner must pay the fee to have the vehicle removed. Senator
Kiehl said SB 76 does not have the funding source to address the
issue of removal cost; however, it would shorten the six-month
wait to one month. The proposed legislation would make no
change to the current notification requirements to the vehicle
owner. He opined that 30 days is long enough to give an owner
of a vehicle the chance to move the abandoned vehicle without
losing the title to it.
1:09:21 PM
REPRESENTATIVE MCCABE remarked that he was happy to see this
proposed legislation because his district is "notorious" for
this type of thing happening. He asked about the timing of
giving notice.
1:10:08 PM
CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, on behalf of Senator Kiehl, prime sponsor, answered
that current statute, AS 28.05.121, states the property owner
must send notice via certified mail, and [under SB 76], once the
owner receives receipt the 30-day clock would start.
REPRESENTATIVE MCCABE asked, "So, you have to wait 30 days, then
send the notice - a week or ten days or however long it takes to
come back - and then there's another 30-day waiting period. Am
I getting that right?"
MS. SCHLINGHEYDE answered, "That's exactly correct."
1:11:05 PM
CHAIR HOPKINS asked about the impetus for SB 76.
SENATOR KIEHL replied that a friend with rental property in
Juneau, which included a driveway, had a tenant move out, leave
behind a nonworking vehicle, and refuse to move it. He said he
has discussed this issue with commercial property owners and
people around the state. He said there is a letter of support
from an autobody repair shop where people sometimes abandon
their vehicles. He said this is an issue with which people in
all parts of the state deal.
1:12:29 PM
REPRESENTATIVE MCCABE asked if the proposed legislation would
apply only to private land or would cover vehicles abandoned on
state property.
SENATOR KIEHL answered that SB 76 would apply only to private
property. He noted that local and state governments already
have significant powers to address such situations.
1:13:08 PM
REPRESENTATIVE HANNAN suggested some people may read the bill
and think that the solution occurs at 30 days; however, the bill
sponsor has articulated that at 30 days "the other notification
processes start," and that the wait for that process is
currently six months. She looked to clarify that no one would
be deprived of their property at 30 days; that is when the
process "to get that property gone" would begin under SB 76.
SENATOR KIEHL confirmed Representative Hannan is correct about
the current law and what SB 76 would do.
1:14:38 PM
REPRESENTATIVE MCKAY asked about towing locations, processes,
and costs.
SENATOR KIEHL replied that the availability of and distance to
junk yards and scrap metal processors in Alaska varies from
region to region. He mentioned a tax-funded program within the
Municipality of Juneau pertaining to the cost of barging out
abandoned vehicles. He said if he had a fund source to take the
burden of disposal off the private property owner, he would have
presented a more complex bill, but he cannot identify one.
1:17:20 PM
REPRESENTATIVE SPOHNHOLZ offered her understanding that nothing
in SB 76 would require a property owner to pay for the removal
of the vehicle, although it is generally in his/her best
interest to do so.
SENATOR KIEHL confirmed that is correct.
1:18:08 PM
CHAIR HOPKINS opened public testimony on SB 76.
1:18:23 PM
LAURA MACVAY, CEO, True North Federal Credit Union, stated that
vehicles abandoned on private property in the Vintage Park area
of Juneau is a common occurrence and one for which business
owners have to budget. She offered her understanding that the
process of ridding a property of an abandoned vehicle is nearer
to seven and a half months. She said an abandoned vehicle is an
eyesore; it encourages some others to abandon their vehicles
there, as well; and it uses up valuable customer parking space.
She offered her understanding that the current six-month period
was established to strike a balance between the rights of the
property owner and the rights of the vehicle owner; however, she
opined that six months is too long a period. As a lien holder,
when she sees an abandoned vehicle, she wonders if it is one her
company has a lien on; she knows "nothing good is going to
happen to that collateral in the intervening six to eight
months." She stated that 30 days should be enough time to have
that information. She stated her support for SB 76, which she
opined would address "a profound imbalance in the current law"
and would empower property owners "to take reasonable action in
a reasonable period of time" to remove abandoned vehicles left
on their properties.
1:21:13 PM
CHAIR HOPKINS, after ascertaining there was no one else who
wished to testify, closed public testimony on SB 76.
1:21:27 PM
REPRESENTATIVE HANNAN moved to report SB 76 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SB 76 was reported out of the
House Transportation Standing Committee.
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