HB 43: "An Act relating to police training surcharges imposed for violations of municipal ordinances."
00HOUSE BILL NO. 43 01 "An Act relating to police training surcharges imposed for violations of municipal 02 ordinances." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.039(a) is amended to read: 05 (a) In addition to any fine or other penalty prescribed by law, a defendant who 06 pleads guilty or nolo contendere to, forfeits bail for, or is convicted of a 07 (1) felony shall be assessed a surcharge of $100; 08 (2) violation of a misdemeanor offense under AS 28.33.030, 28.33.031, 09 AS 28.35.030, or 28.35.032, or a violation of a municipal ordinance comparable to a 10 misdemeanor offense under AS 28.33.030, 28.33.031, AS 28.35.030, or 28.35.032 and 11 adopted under AS 28.01.010, shall be assessed a surcharge of $75; 12 (3) misdemeanor or a violation of a municipal ordinance if a sentence 13 of incarceration may be imposed for the misdemeanor or ordinance violation, other 14 than a provision identified in (2) of this subsection, shall be assessed a surcharge of
01 $50; 02 (4) misdemeanor for which a sentence of incarceration may not be 03 imposed, a violation or an infraction under state law , or [A MISDEMEANOR OR] a 04 violation of a municipal ordinance imposing a penalty authorized by 05 AS 29.25.070(a) if a sentence of incarceration may not be imposed for the 06 [MISDEMEANOR OR] ordinance violation , shall be assessed a surcharge of $10 if the 07 fine or bail forfeiture amount for the offense is $30 or more. 08 * Sec. 2. AS 29.25.074(a) is amended to read: 09 (a) A municipality may not enforce a penalty for violation of an ordinance 10 for which a surcharge is required to be imposed under AS 12.55.039 [FINE OF $30 11 OR MORE OR IMPRISONMENT IS PRESCRIBED AS A PENALTY] unless the 12 municipality authorizes the imposition of and provides for the collection of the 13 surcharge [REQUIRED TO BE IMPOSED UNDER AS 12.55.039]. The surcharge 14 shall be deposited into the general fund of the state and accounted for under 15 AS 37.05.142. Subject to appropriation, the legislature may reimburse a municipality 16 that collects a surcharge required to be imposed under AS 12.55.039 for the cost to the 17 municipality in collecting the surcharge and transmitting the surcharge to the state. 18 The reimbursement may not exceed 10 percent of the surcharge collected and 19 transmitted to the state.