HB 430: "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and violations and authorizing disposition of estimated receipts from that surcharge; and creating the juvenile justice grant fund in order to provide financial assistance for the operation of youth courts."
00 HOUSE BILL NO. 430 01 "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and 02 violations and authorizing disposition of estimated receipts from that surcharge; and 03 creating the juvenile justice grant fund in order to provide financial assistance for the 04 operation of youth courts." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.25.195(c) is amended to read: 07 (c) Disposition of an offense under (a) of this section may not occur unless the 08 person cited for the offense pays the surcharges required to be imposed under 09 [SURCHARGE PRESCRIBED IN] AS 12.55.039 and 12.55.041 in addition to the 10 scheduled bail or fine amount. The surcharges [SURCHARGE] required to be paid 11 under this subsection shall be deposited into the general fund and accounted for under 12 AS 37.05.142. 13 * Sec. 2. AS 12.25.200(b) is amended to read: 14 (b) A citation issued under AS 12.25.180 must indicate
01 (1) the amount of bail or fine and each [THE] surcharge applicable to 02 the offense; 03 (2) the procedure a person must follow in responding to the citation; 04 (3) that if the person fails to pay the bail or fine the person must appear 05 in court; 06 (4) that failure to pay the bail or fine or appear in court for an offense 07 involving a moving motor vehicle may result in 08 (A) suspension of the person's driver's license, privilege to 09 drive, or privilege to obtain a license; or 10 (B) attachment of the person's permanent fund dividend to pay 11 the fine plus court and collection costs under AS 28.05.155; and 12 (5) that the person has a right to 13 (A) a trial; 14 (B) engage counsel; 15 (C) confront and question witnesses; 16 (D) testify; and 17 (E) subpoena witnesses on the person's behalf. 18 * Sec. 3. AS 12.55 is amended by adding a new section to read: 19 Sec. 12.55.041. Surcharge for misdemeanors and violations. (a) In 20 addition to a fine or other penalty prescribed by law, a defendant who pleads guilty or 21 nolo contendere to, forfeits bail for, or is convicted of an offense punishable as a 22 misdemeanor or of an infraction or violation, except the violation of a vehicle or 23 traffic offense under AS 28, a regulation adopted under AS 28, or a municipal 24 ordinance under AS 28.01.010, shall be assessed a surcharge of $10. 25 (b) A court may not fail to impose the surcharge required under this section. 26 The surcharge may not be waived, deferred, or suspended. A court may allow a 27 defendant who is unable to pay the surcharge required to be imposed under this 28 section to perform community work under AS 12.55.055(c) in lieu of the surcharge. 29 (c) The surcharge shall be paid within 10 days of imposition or such shorter 30 period of time as ordered by the court. Failure to pay the surcharge is punishable as 31 contempt of court. Proceedings to collect the surcharge may be instituted by the state,
01 by the municipality, or by the court on its own motion. 02 (d) Money collected under this section shall be deposited into the general fund 03 and accounted for under AS 37.05.142. 04 * Sec. 4. AS 28.05.151(c) is amended to read: 05 (c) The supreme court shall require as a condition of the disposition of an 06 offense without appearance that a person charged with any offense for which a bail 07 forfeiture amount has been adopted shall pay the surcharges [SURCHARGE] 08 prescribed in AS 12.55.039 and 12.55.041 in addition to the bail forfeiture amount 09 established by the supreme court. The surcharges [SURCHARGE] required to be 10 paid under this subsection shall be deposited into the general fund and accounted for 11 under AS 37.05.142. 12 * Sec. 5. AS 29.25.074(a) is amended to read: 13 (a) A municipality may not enforce a penalty for violation of an ordinance for 14 which a surcharge is required to be imposed under AS 12.55.039 or 12.55.041 unless 15 the municipality authorizes the imposition of and provides for the collection of the 16 surcharges [SURCHARGE]. The surcharges [SURCHARGE] shall be deposited 17 into the general fund of the state and accounted for under AS 37.05.142. Subject to 18 appropriation, the legislature may reimburse a municipality that collects a surcharge 19 required to be imposed under AS 12.55.039 or 12.55.041 for the cost to the 20 municipality in collecting the surcharge and transmitting the surcharge to the state. 21 The reimbursement may not exceed 10 percent of the surcharge collected and 22 transmitted to the state. 23 * Sec. 6. AS 44.47 is amended by adding a new section to read: 24 Sec. 44.47.201. Juvenile justice grant fund. (a) There is created in the 25 department the juvenile justice grant fund. In addition to other appropriations to the 26 fund, the legislature may appropriate to the fund the annual estimated balance in the 27 account maintained under AS 37.05.142 for money collected under AS 12.55.041 and 28 may appropriate from the fund to the department to make grants to nonprofit 29 corporations only for youth courts under AS 47.12.400 or other informal dispositions 30 in which youths actively assist in adjudicating their peers. 31 (b) Nonprofit corporations proposing to establish and operate youth courts
01 under AS 47.12.400 or other informal dispositions in which youths actively assist in 02 adjudicating their peers may apply to the department for a grant under (a) of this 03 section. A grant under this subsection must be matched on a dollar-for-dollar basis by 04 the grantee in cash or in kind. 05 (c) Grants made under (a) of this section shall be used 06 (1) to defray the costs of organization of youth courts under 07 AS 47.12.400 or other informal dispositions in which youths actively assist in 08 adjudicating their peers; the department shall assure that the grant is spent for 09 necessary organizational assistance and that appropriate accounting procedures are 10 maintained; grants made under this paragraph may not exceed $30,000, and only one 11 grant may be made to a grantee under authority of this paragraph; and 12 (2) to defray the costs of operation of youth courts under AS 47.12.400 13 or other informal dispositions in which youths actively assist in adjudicating their 14 peers. 15 * Sec. 7. Section 8 of this Act is repealed on the earlier of (1) the date that the Alaska Court 16 System has the capability to separately track and account electronically for money collected 17 under AS 12.55.041, or (2) June 30, 2003. The executive director of the Alaska Court System 18 shall notify the lieutenant governor and the revisor of statutes when the electronic capability 19 described in this section has been obtained. 20 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECTION TO COURT SYSTEM. Notwithstanding the requirements of 23 AS 12.55.041 and AS 37.05.142 that surcharges collected under AS 12.55.041 be accounted 24 for separately, the Alaska Court System shall deposit money collected under AS 12.55.041 in 25 the general fund and shall, by February 1 of each year, provide to the Department of 26 Administration, to the Legislative Budget and Audit Committee, and to each house of the 27 legislature an estimate of the money collected under AS 12.55.041 for that fiscal year.