2004-01-26                     Senate Journal                      Page 2010
SB 280                                                                                            
SENATE BILL NO. 280 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
                                                                                                    

2004-01-26                     Senate Journal                      Page 2011
               "An Act relating to fines for an infraction; and                                    
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
     Fiscal Note No. 1, zero, Department of Public Safety                                           
     Fiscal Note No. 2, zero, Department of Law                                                     
                                                                                                    
Governor's transmittal letter dated January 23:                                                     
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
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                              
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.                                  
                                                                                                    
                                                                                                    
                                                                                                    

2004-01-26                     Senate Journal                      Page 2012
I urge your prompt and favorable consideration of this proposal.                                    
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor