2004-01-28                     House Journal                      Page 2420
HB 407                                                                                            
HOUSE BILL NO. 407 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to fines for an infraction; and providing for an                              
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
The Governor's transmittal letter dated January 23, 2004, follows:                                  
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill that would raise the maximum                                 
fine that may be imposed for an infraction under AS 28 from $300 to                                 
$750.                                                                                               
                                                                                                    
While the majority of the bail amounts for infractions related to AS 28                             
are established by the Alaska Supreme Court, there are a select                                     
number of offenses that require a mandatory court appearance.  In                                   
these cases, the magistrate or judge can determine the amount of the                                
fine to be imposed.  Currently, the maximum amount is $300.  Such                                   
infractions include behavior ranging, for example, from negligent                                   
driving to minor operating a vehicle after consuming alcohol.                                       
                                                                                                    
The maximum fine for an infraction under AS 28.40.050 has been                                      
$300 for over 27 years.  The punitive and deterrent effect of such a                                
low amount has greatly diminished over the years, and an increased                                  
amount is a more accurate reflection of current values.                                             
                                                                                                    
By raising the maximum amount that could be applied to infractions,                                 
magistrates and judges will have the ability to more appropriately                                  
address aggravated violations of specific offenses.  Those offenses, by                             

2004-01-28                     House Journal                      Page 2421
their very nature, are the most serious of the infractions and the ability                          
of the courts to apply a higher degree of penalty is long overdue.                                  
                                                                                                    
I urge your prompt and favorable consideration of this proposal.                                    
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"