Legislature(2013 - 2014)CAPITOL 120

04/09/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
--Delayed to 1:20 p.m. Today--
+ SB 108 CONFIDENTIALITY OF CRIMINAL CASE RECORDS TELECONFERENCED
<Bill Hearing Canceled>
+ SB 116 SERVICE OF CITATIONS TELECONFERENCED
Moved Out of Committee
+ SB 170 AFFIRMATIVE DEFENSE TO PROSTITUTION TELECONFERENCED
Scheduled But Not Heard
+ SJR 22 OPPOSE WARRANTLESS DATA COLLECTION TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Moved HCS CSSB 64(JUD) Out of Committee
-- Testimony <Invitation Only> --
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Moved CSHB 282(JUD) Out of Committee
+= HB 108 SURCHARGE ON FINES/ELEC. CITATION FUND TELECONFERENCED
<Bill Hearing Canceled>
+= HB 60 UNIFORM REAL PROPERTY TRANSFERS ON DEATH TELECONFERENCED
Moved CSHB 60(JUD) Out of Committee
                  SB 116-SERVICE OF CITATIONS                                                                               
                                                                                                                                
3:12:17 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
SENATE BILL  NO. 116, "An  Act relating to service  of citations;                                                               
amending  Rule 3(f),  Alaska Rules  of  Minor Offense  Procedure;                                                               
repealing  Rule 3(g),  Alaska Rules  of Minor  Offense Procedure;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
3:12:27 PM                                                                                                                    
                                                                                                                                
SENATOR DENNIS  EGAN, Alaska State  Legislature, speaking  as the                                                               
sponsor, informed the committee SB  116 is a housekeeping measure                                                               
that fixes  an unintended problem  with Alaska law that  made law                                                               
enforcement less  effective and less  fair when related  to minor                                                               
offenses.   For  decades, parking  tickets have  been left  under                                                               
automobile  windshield  wipers;  however,  in  2010,  legislation                                                               
inadvertently  ended   this  practice   by  requiring   that  all                                                               
citations are  to be personally  served.   This is a  problem for                                                               
Alaska  cities that  need  to enforce  parking  and other  rules.                                                               
Additionally,  taxpayers  should  not  have to  pay  for  parking                                                               
enforcement  officers and  animal control  officers to  stake out                                                               
cars  and front  yards when  the law  is broken  in a  minor way.                                                               
Since  the law  was implemented  by  the Alaska  Court System  in                                                               
2013, some Alaska  cities have used methods  - called workarounds                                                               
- that deny those who wish to  fight a ticket their day in court,                                                               
and  which are  more expensive  to administer.   Senate  Bill 116                                                               
allows law enforcement to leave a  ticket on the real or personal                                                               
property that  is the  subject of an  infraction or  a violation,                                                               
and also allows service by  the same methods as civil processing,                                                               
including by  certified mail or  by a  process server.   The bill                                                               
still  requires  personal  service   by  an  officer  for  moving                                                               
violations,  minor  consuming,  or  other  more  serious  crimes.                                                               
Senator Egan said  SB 116 provides more  efficient government for                                                               
Alaskans  and  gives  access  to  the courts  when  needed.    In                                                               
response  to   Representative  LeDoux,   he  restated   that  the                                                               
aforementioned legislation was implemented in 2013.                                                                             
                                                                                                                                
3:15:33 PM                                                                                                                    
                                                                                                                                
JESSE   KIEHL,  Staff,   Senator   Dennis   Egan,  Alaska   State                                                               
Legislature,  in  response  to Representative  Pruitt,  explained                                                               
that [by  measures] adopted in  March, and effective in  April of                                                               
2013, the Alaska  Court System changed its court  rules to comply                                                               
with  the   legislation  that   was  enacted   in  2010.     Many                                                               
municipalities, in  order to enforce  their parking laws,  used a                                                               
"workaround,"  which made  parking  violations civil  violations,                                                               
and as such  they were not processed through the  court system or                                                               
subject  to  court  rules  for service.    However,  this  method                                                               
prevented  someone who  feels they  were  ticketed unjustly  from                                                               
appealing to  a judge or  magistrate.  Civil violations  are also                                                               
more expensive for municipalities  to enforce, especially against                                                               
a  scofflaw.   As an  aside,  he noted  that municipalities  that                                                               
choose to have  parking violations held as  civil violations will                                                               
retain the option to do so.                                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  whether  getting  a parking  ticket                                                               
creates a criminal record.                                                                                                      
                                                                                                                                
MR.  KIEHL expressed  his belief  that parking  ticket violations                                                               
are  handled  through the  court  system's  minor offense  rules.                                                               
Although citations can be written  for any misdemeanor infraction                                                               
or violation, they would not appear on CourtView.                                                                               
                                                                                                                                
3:18:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  clarified that  CSSB 116(STA),  Version 28-LS0826\O                                                               
was before the committee.                                                                                                       
                                                                                                                                
[Although not formally stated, public testimony was opened.]                                                                    
                                                                                                                                
3:18:39 PM                                                                                                                    
                                                                                                                                
SCOTT BLOOM, City Attorney, City  of Kenai, expressed his support                                                               
for the bill.  The issues  addressed by the bill are important to                                                               
the  City of  Kenai  for three  main reasons.    Firstly, in  the                                                               
summer  Kenai may  have up  to 15,000  visitors in  one day;  the                                                               
local streets and residential areas  are very crowded, and if the                                                               
city  cannot  issue  parking citations  there  are  many  blatant                                                               
violations.  Secondly, the personal  service of parking citations                                                               
is a strain on the city's  resources, and he provided an example.                                                               
As  a smaller  municipality, unlike  Anchorage or  Fairbanks, the                                                               
City   of   Kenai  is   unable   to   establish  an   alternative                                                               
administrative  parking authority.    Thirdly, he  opined SB  116                                                               
would  reduce the  administrative cost  to  the city  and to  the                                                               
public related  to parking citations,  and would also  reduce the                                                               
amount of the  city's resources that are now  diverted to booting                                                               
and towing vehicles.                                                                                                            
                                                                                                                                
REPRESENTATIVE  PRUITT surmised  that at  this time  the City  of                                                               
Kenai must utilize a police  officer to personally hand citations                                                               
to  those  who  have  violated parking  regulations.    He  asked                                                               
whether the  proposed legislation would  allow the city  to place                                                               
citations  under  the windshield  wiper,  as  a separate  parking                                                               
authority is allowed to do.                                                                                                     
                                                                                                                                
MR. BLOOM said correct.                                                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX asked whether in  cities that do not have a                                                               
parking authority, parking citations are criminal offenses.                                                                     
                                                                                                                                
MR. KIEHL  responded that there  are a  variety of systems.   For                                                               
example, in  the City  of Kenai,  parking citations  are criminal                                                               
and  must  be  personally  served  by  the  officer  writing  the                                                               
citation  to the  person charged.   In  the City  and Borough  of                                                               
Juneau  (CBJ),  there  is  no   parking  authority,  but  parking                                                               
violations  are a  civil offense  and  thus CBJ  must provide  an                                                               
alternative process to hear a grievance.                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX further inquired as  to why the cities that                                                               
have problems with the system do  not adopt civil penalties as do                                                               
Anchorage and Juneau.                                                                                                           
                                                                                                                                
3:24:42 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the Administrative Director, Alaska  Court System, clarified that                                                               
citations filed  with the court  system are not criminal  but are                                                               
in the separate  category of minor offenses.  A  minor offense is                                                               
usually handled  by a magistrate  and the consequence is  a fine.                                                               
She  further advised  that  the court  can  handle citations  for                                                               
cities  if that  is  desired;  for example,  in  Kenai the  court                                                               
addresses parking  tickets, speeding  tickets, and fish  and game                                                               
citations,  and  handles  trials  if requested.      However,  in                                                               
Anchorage, a  person pays  his/her parking  ticket at  city hall.                                                               
The problem with  personal service is compounded by  those who do                                                               
not  respond,  and  are  then referred  to  the  Collections  and                                                               
Support Section  of the Department of  Law, or back to  the city,                                                               
for executing  an attachment to his/her  Permanent Fund Dividend.                                                               
Ms. Meade opined the purpose of  the bill is to no longer require                                                               
the personal  service of a parking  ticket.  She said  the Alaska                                                               
Court System is neutral on the bill.                                                                                            
                                                                                                                                
3:27:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT observed  that  the  parking authority  in                                                               
Anchorage only  issues tickets in the  downtown area.    He asked                                                               
whether a police officer would  issue the same civil violation in                                                               
a residential area, by leaving it under the windshield wiper.                                                                   
                                                                                                                                
MS.  MEADE said  correct.   In Anchorage,  all parking  citations                                                               
issued by  the police department  are handled through  city hall,                                                               
unless there  is a  default which  means after  30 days  the city                                                               
issues a warning notice, and then  the citation is turned over to                                                               
the court to enter default automatically.                                                                                       
                                                                                                                                
REPRESENTATIVE  PRUITT  expressed  his understanding  that  minor                                                               
offenses, such  as a downtown  Anchorage parking ticket,  are not                                                               
listed on CourtView.                                                                                                            
                                                                                                                                
MS.  MEADE affirmed  that parking  tickets are  not on  CourtView                                                               
until and unless  they are turned over to the  court for default.                                                               
Other  citations that  go directly  to the  court -  for example,                                                               
speeding tickets - are posted  on CourtView.  In further response                                                               
to  Representative  Pruitt,  she  said  there  is  a  distinction                                                               
between parking offenses  and every other minor  offense, such as                                                               
fish  and game  citations, moving  violations, and  those with  a                                                               
fine of up to $500.                                                                                                             
                                                                                                                                
REPRESENTATIVE PRUITT gleaned that  an Anchorage parking citation                                                               
is handled  by the authority until  it is necessary to  go to the                                                               
courts, and then  the citation is posted on  CourtView; in Kenai,                                                               
the ticket is personally delivered and posted on CourtView.                                                                     
                                                                                                                                
3:30:24 PM                                                                                                                    
                                                                                                                                
MS. MEADE stated  that any matter handled by the  court is posted                                                               
on  CourtView, unless  it is  confidential,  thus if  a city  has                                                               
chosen  for  the court  system  to  handle parking  tickets,  the                                                               
information  is posted  on CourtView  unless it  is confidential.                                                               
Ms. Meade,  in response to Representative  LeDoux, explained that                                                               
parking tickets  are a  subcategory of  minor offenses  and minor                                                               
offenses do not have  the right to a trial by  jury, the right to                                                               
preempt a judge, or the right to an attorney.                                                                                   
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
3:31:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN made a motion  to report CSSB 116(STA) out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  116(STA)  was                                                               
reported out of the House Judiciary Standing Committee.                                                                         

Document Name Date/Time Subjects
SB116-Sponsor Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
CSSB 116 (STA) ver. O.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Explanation of Changes Version O.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB 116 ver. N.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Civil Rule 4.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Minor Offense Rule 3.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support APOA.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support Chiefs of Police.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support FairbanksNSB.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support Mat-SuBorough.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB170 Sponsor Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Sectional Analysis.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 ver. U.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_Polaris Project Report.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_NCSL Report.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_Ad Hoc NGO Rpt Recommended Actions.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_Las Vegas Man Sentenced.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_HuffPost Trafficking in AK.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_AK Dispatch.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 FBI Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SJR 22 Sponsor Statement NSA.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 ver. U.a.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 ver. U.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Audit article.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Florida.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Perfect Storm.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Rand Paul lawsuit.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Support Document~RAND Facts About the Metadata Menace.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Support Document~States Banning Snooping.PDF HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 ABA Journal.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Americans find swift stonewall on whether NSA vacuumed their data.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Facts About the Metadata.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Judge Rules Unconstitutional.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 NYtimes Data Disclosure Rules.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Snowden.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
CSHB 282 (JUD) ver. Y.pdf HJUD 4/9/2014 1:00:00 PM
HB 282
CSHB 282~Changes between L&C and JUD Versions.pdf HJUD 4/9/2014 1:00:00 PM
HB 282
HCSCSSB 64 (JUD) ver. M.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 64~OVR Letter in Opposiiton to SB 108 Language in SB 64.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 108
HB 60 Support Letter~AK Bankers Association.pdf HJUD 4/9/2014 1:00:00 PM
HB 60
SB 64 Support Letter~Mary Geddes.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 64~DOC Response to April 4 Judiciary Questions.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
6.4 Support Letters of SB108.PDF HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - Carmen Gutierrez.pdf HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - Dr. Donna Klecka.pdf HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - James Noble.pdf HJUD 4/9/2014 1:00:00 PM
SB 108