Legislature(2021 - 2022)BELTZ 105 (TSBldg)
04/30/2021 01:30 PM Senate LABOR & COMMERCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB17 | |
| SB76 | |
| HB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 76 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 17 | TELECONFERENCED | |
| + | HB 36 | TELECONFERENCED | |
SB 76-ABANDONED VEHICLES; PRIVATE PROPERTY
1:43:14 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of SENATE BILL NO. 76 "An Act relating to vehicles
abandoned on private property."
1:43:56 PM
SENATOR KIEHL, Alaska State Legislature, Juneau, Alaska, sponsor
of SB 76, stated that this legislation shortens the time that
private property owners have to wait before they are able to
begin to deal with a vehicle abandoned on their property. "In
essence, someone disposing of a car they can't sell on land they
don't own." Today the private property owner must wait six
months before they are able to initiate the prescriptive process
to get title in order to pay for the disposal of the vehicle. SB
76 shortens the initial six months wait-time to one month, but
it does not deprive the last registered owner of their legal
notice that includes certified return mail receipt. He
acknowledged that this is not a cure-all because the private
property owner still must follow the process to dispose of the
vehicle. SB 76 simply provides the opportunity for the private
property owner to deal with an abandoned vehicle on their
property without waiting six months to begin the process.
1:46:18 PM
CHAIR COSTELLO informed the members that she heard the bill in
the previous committee of referral and had no questions.
1:46:37 PM
SENATOR STEVENS asked if there was a process for the registered
owner to sell their vehicle and go to the Division of Motor
Vehicles (DMV) to transfer the title. He acknowledged that this
did not affect the bill.
SENATOR KIEHL said yes; if he were to sell his vehicle, he could
sign and return the slip at the bottom of the title to notify
DMV that he was no longer the owner of the vehicle.
SENATOR STEVENS asked if the slip at the bottom of the title has
the address of the new owner.
SENATOR KIEHL replied there is no requirement for the seller to
file the name of the new owner with DMV.
1:47:32 PM
SENATOR GRAY-JACKSON offered her understanding that the property
owner has to wait six months before they are able to deal with
the abandoned vehicle.
SENATOR KIEHL clarified that the property owner must wait six
months before they can begin the legal process that ends with
being able to deal with the vehicle.
SENATOR GRAY-JACKSON recounted that the bill shortens the six
months to 30 days.
SENATOR KIEHL nodded.
1:48:15 PM
SENATOR MICCICHE asked if the bill applies only to private
property or if it also shortens the initial six months to 30
days for vehicles abandoned on municipal and state land.
SENATOR KIEHL replied state and local governments generally do
not use this process because they have additional authorities to
deal with vehicles abandoned in their rights-of-way.
SENATOR MICCICHE noted that not all state and municipal property
is designated right-of-way. He asked if there was a different
process for municipalities.
SENATOR KIEHL answered yes; sections of the statutes relate to
municipal rights and the state has significant rights to deal
with abandoned vehicles on state land. He restated that SB 76
only applies to vehicles abandoned on private property.
CHAIR COSTELLO requested the sectional analysis.
1:49:46 PM
CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 76 that read as follows:
Section 1: A property owner with a vehicle abandoned
on his or her land can currently start the process to
claim title to the vehicle after six months. This
section reduces the period to 30 days.
Section 2: The change above only applies to vehicles
abandoned after the effective date of the bill.
1:50:28 PM
ALEC MESDAG, Vice President & Director, Alaska Electric Light &
Power Company, Juneau, Alaska, related that AEL&P and its land
holding company own a large amount of land around Juneau and
they have had to deal with a significant number of vehicles
abandoned on their property in recent years. The option under
current law is to leave the vehicles alone for six months or tow
them to a secure yard and hold them for six months before
starting the retitle process. Eventually the company tows the
vehicles for disposal. He said SB 76 provides relief by reducing
the holding time for these derelict and abandoned vehicles that
often are an environmental hazard. They leak fluids and often
contain used needles and other biohazards. He described the six
month holding period as too long and said SB 76 provides a
meaningful improvement. He thanked the sponsor and the committee
for its support for SB 76.
SENATOR STEVENS commented that the bill makes sense. He asked
how AEL&P disposes of the vehicles and if it is at the company's
expense.
MR. MESDAG confirmed that AEL&P pays for the disposal. He said
recyclers dispose of standard automobiles but not campers with
holding tanks. He recounted that he hauled one camper to the
dump and paid about $1,400 for disposal only to see it alongside
somebody's house several months later. He reiterated that
shortening the initial six-month wait to 30 days would be very
helpful.
1:54:09 PM
KENNETH DARLING, Chief Credit Officer, Matanuska Valley Federal
Credit Union, Palmer, Alaska, stated support for SB 76 and
offered his view that the environmental and biohazard discussion
was enlightening. These derelict vehicles present more than just
an eyesore. He advised that the credit union disposes of
abandoned vehicles through an auction because they have salvage
value. However, the value of the vehicle depreciates as it sits
for six months so it would be helpful to shorten the initial
wait time. It will help the environmental biohazard and help the
depreciating asset have more value when it goes to auction.
SENATOR STEVENS asked if the credit union is responsible for the
vehicle if the vehicle owner cannot be located.
MR. DARLING answered that is correct. As the lienholder, the
credit union is a partial owner of the vehicle.
1:56:06 PM
CHAIR COSTELLO opened public testimony on SB 76.
1:56:16 PM
DIL UHLIN, Maintenance Director, Kenai Peninsula Borough, Kenai,
Alaska, said reducing the time from six months to 30 days will
mirror the municipality's notification timeline. He said rights
of way are a little different but a vehicle in a school district
parking lot for example, would sit for 30 days before it is
presumed abandoned. The municipality would then move forward to
notification and eventual disposal. He agreed with previous
testimony that many of the vehicles left for six months become a
public safety and environmental biohazard problems.
He advised that the Kenai Peninsula Borough deals with abandoned
vehicles weekly and he has experienced instances where the
vehicle jeopardized public safety and others presented an
environmental biohazard. The cost of disposal for these types of
vehicles increases as they sit and deteriorate. He reported that
the cost to decontaminate and dispose of one vehicle and clean
up the surrounding property was over $30,000. He reiterated
support for SB 76.
SENATOR GRAY-JACKSON thanked him for the testimony.
CHAIR COSTELLO asked if the borough had contemplated holding the
owner of the abandoned vehicle liable for cleanup costs and
disposal.
MR. UHLIN replied that the borough has established procedures to
hold the last known owner liable but they generally do not
recover the costs. However, he can say that the 30-day timeline
is reasonable. The borough's experience is that anyone who
intends to move their vehicle will do so in the first week after
notification. He imagined that in the private sector a civil
suit would be the way to recover costs.
2:00:31 PM
CHAIR COSTELLO closed public testimony on SB 76.
2:00:37 PM
At ease
2:01:17 PM
CHAIR COSTELLO reconvened the meeting.
2:01:23 PM
SENATOR STEVENS asked the sponsor if the bill would apply to
borough property.
SENATOR KIEHL answered no. SB 76 more closely aligns the laws
for vehicles abandoned on private property to the laws for
vehicles abandoned on public property. He noted the letter of
support from the Alaska Municipal League and highlighted that
giving private property owners additional tools to deal with
these vehicles more quickly will benefit the entire community
from a public safety standpoint.
SENATOR MICCICHE related his experience with abandoned vehicles
when he was mayor of a small town to explain the municipalities'
interest in the bill. He thanked the sponsor.
2:03:25 PM
SENATOR MICCICHE moved to report SB 76, work order 32-LS0005\A,
from committee with individual recommendations and attached zero
fiscal note(s).
CHAIR COSTELLO found no objection so SB 76 was reported from the
Senate Labor and Commerce Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 76 Letters of Support Received by 2021.04.20.pdf |
SL&C 4/30/2021 1:30:00 PM |
SB 76 |