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SB 6 AM: "An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses."

00 SENATE BILL NO.  6 am                                                                                                   
01 "An Act relating to suspension of a driver's license for failure to appear in                                           
02 court or failure to pay a fine; relating to court and collection costs for traffic                                      
03 offenses; and relating to citations and court procedures for municipal traffic and                                      
04 parking offenses."                                                                                                      
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  PURPOSE AND INTENT OF SECTION 5.  The purpose of sec. 5 of this Act                                    
07 is to create a mechanism to enforce citations issued for offenses involving a moving motor                              
08 vehicle.  It is the intent of the legislature that after a person has made a required court                             
09 appearance or paid a fine required by the court, that any driver's license suspension imposed                           
10 by the court be terminated as quickly as possible.                                                                      
11    * Sec. 2.  AS 12.25.200(b) is amended to read:                                                                       
12  (b)  A citation issued under AS 12.25.180 must indicate                                                               
13   (1)  the amount of bail or fine applicable to the offense;                                                        
14   (2) [,]  the procedure a person must follow in responding to the citation;                                         
01   (3) [, AND] that if the person fails to pay the bail or fine the person                                             
02 must appear in court;                                                                                                  
03   (4)  that failure to pay the bail or fine or appear in court for an                                                  
04 offense involving a moving motor vehicle may result in                                                                  
05   (A)  suspension of the person's driver's license, privilege to                                                      
06 drive, or privilege to obtain a license; or                                                                             
07   (B)  attachment of the person's permanent fund dividend to                                                          
08 pay the fine plus court and collection costs under AS 28.05.155; and                                                    
09   (5) [.  IN ADDITION, A CITATION MUST INDICATE] that the                                                             
10 person has a right to                                                                                                   
11   (A) [(1)]  a trial;                                                                                               
12   (B) [(2)]  engage counsel;                                                                                        
13   (C) [(3)]  confront and question witnesses;                                                                       
14   (D) [(4)]  testify; and                                                                                           
15   (E) [(5)]  subpoena witnesses on the person's behalf.                                                             
16    * Sec. 3.  AS 28.01.010 is amended by adding a new subsection to read:                                               
17  (h)  A municipality may not                                                                                           
18   (1)  issue a citation for a traffic offense unless the citation complies with                                        
19 the provisions of AS 12.25.200; or                                                                                      
20   (2)  enact a parking citation trial or appeal process unless the trial or                                            
21 appeal process and fees charged for it are substantially similar to the applicable trial                                
22 or appeal process adopted by the Alaska Supreme Court or imposed by law; or                                             
23   (3)  issue a citation for a traffic offense unless the citation is issued by                                         
24 a peace officer; this paragraph does not apply to a citation issued for a municipal                                     
25 traffic offense if the                                                                                                  
26   (A)  municipality has established a scheduled amount of bail for                                                    
27 the offense as provided under AS 28.05.151(a);                                                                          
28   (B)  municipal traffic offense is also punishable as a traffic                                                      
29 offense under state statute or regulation; and                                                                          
30   (C)  fine imposed for the municipal traffic offense is not more                                                     
31 than one-half of the fine imposed for the same traffic offense under the bail                                           
01 schedule established by the supreme court under AS 28.05.151(a).                                                        
02    * Sec. 4.  AS 28.05 is amended by adding a new section to read:                                                      
03  Sec. 28.05.155.  COURT AND COLLECTION COSTS.  If a person's                                                           
04 permanent fund dividend is attached to pay the bail or fine for an offense involving                                    
05 a moving motor vehicle, the court shall increase the bail or fine of that person by at                                  
06 least                                                                                                                   
07   (1)  $25 for court costs; and                                                                                        
08   (2)  $10 for collection costs.                                                                                       
09    * Sec. 5.  AS 28.15.181 is amended by adding a new subsection to read:                                               
10  (h)  The court may suspend the driver's license, privilege to drive, or privilege                                     
11 to obtain a license of a person who fails to appear in court as required by a citation                                  
12 for an offense involving a moving motor vehicle, or who fails to pay a fine as required                                 
13 by the court for an offense involving a moving motor vehicle.  If the court suspends                                    
14 a driver's license under this subsection, the court shall also provide notice of the                                    
15 suspension to the department.  A suspension imposed under this subsection remains                                       
16 in effect until the person appears in court as required by the citation, or pays the fine                               
17 as required by the court.  When the person appears in court or pays the required fine,                                  
18 the court shall terminate the suspension imposed under this subsection and provide the                                  
19 department and the person with written notice of the termination.