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.