Legislature(1997 - 1998)
04/28/1998 09:15 AM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
House Bill NO. 261
"An Act relating to a surcharge imposed for violations
of state or municipal law and to the Alaska police
training fund."
Representative Gary Davis was invited to join the committee.
He explained that legislation was passed in 1994, which
established a surcharge on moving violations. This law
would extend the surcharge to all violations and crimes
committed in the State, both misdemeanors and felonies.
Additionally, it increases the existing surcharge of $10 for
moving violations to $15. The Alaska Police Standards
Council is required to establish and maintaining training
programs for police, probation, and parole and correction
officers within the State. Currently upwards of $1.3 is
being spent for these functions. He said his motivation for
this bill was that it has the criminals that are causing the
requirement for law enforcement around the State to assist
in paying for their training.
Senator Adams said he would support the legislation but he
wanted to be able to watch how the municipalities were
forwarding the surcharge to the State and how would that be
tracked from the Court System.
Representative Davis said this point had been addressed in
length. The Court System was currently in the process of
updating their computers so they can not only track
surcharges but also the fines they collect. He noted a
small fiscal note from the Court System so they could hire
clerks to track and distribute the surcharges. Within two
years the system should be up and running smoothly.
In response to a query from Senator Parnell, Representative
Davis said there was a section in the bill, which instructed
the Court to not take note of the surcharge when assessing
any other fines and fees. He said the surcharge was in
addition to and without consideration for any other
penalties and fines. Senator Parnell asked if the surcharge
from tickets for the Alaska Police Standards Council was
levelled of at approximately $400,000 and is not increasing?
Representative Davis said he did not have any specific
recollection of those dollar details, however, Laddie Shaw
from the Alaska Police Standards Council was present and
perhaps could provide an answer. He did say that up to
approximately half a million dollars was about the maximum
expected on the initial moving violation surcharge.
Senator Parnell further asked if a felon is ordered to pay
restitution of $10,000 and was making payments of $500/month
how would that be divided up and administered including the
surcharge? Representative Davis said that would be a matter
for the Court System to deal with. He said that felonies
would be a big question and there was no real estimate on
the exact number amount. He said it was difficult for a
felon to be in jail with an outstanding penalty of $20,000
to be paid. Senator Parnell stated that he would like to
see the Courts pay restitution to victims first.
LADDIE SHAW, Executive Director, Alaska Police Standards
Council, Department of Public Safety was invited to join the
committee. He concurred that approximately half a million
dollars was about the maximum expected on the initial moving
violation surcharge.
Senator Parnell asked how the surcharge on restitution and
CSED was to be treated. Mr. Shaw responded again that this
would be up to the Court System and that the Court collected
before anything or anyone else. However, the surcharge was
collected first.
Senator Donley said that he had been working closely with
Representative Davis regarding this bill and noted for the
committee that a new CS had been ordered. He explained
modifications that would not increase the surcharge for
traffic violations and a slight increase for misdemeanors
and felonies. The State would give back something to
municipalities who collect in their stead.
Senator Phillips said he felt they would be less likely to
get more money out of felons. Senator Donley further noted
that he felt the $15 surcharge was excessive and should only
be $10.
Senator Adams at this point suggested moving the bill and
making any amendments on the Senate Floor.
Co-chair Sharp advised the committee that he would set this
bill aside for today and they could come back to it, pending
receipt of the new CS, tomorrow morning at 8:45 a.m.
Representative Davis pointed out that there was an amendment
in the House relating to any violations or citations up to
$30. There would be no surcharge. He said they were also
trying to eliminate parking tickets. Co-chair Sharp asked
if that was the wording on page three, line five and
Representative Davis indicated that was correct. Co-chair
Sharp asked Senator Donley to continue to work closely with
Representative Davis on this bill and will bring it back
before the committee at 8:45 a.m. tomorrow.
Co-chair Sharp then called HB 370.
CS FOR HOUSE BILL NO. 261(FIN) am
"An Act relating to fines and to a surcharge imposed
for violations of state or municipal law and to the
Alaska police training fund."
Senator Donley advised Co-chair Sharp that he had an
amendment for this bill. He said he had been working
closely with Representative Gary Davis regarding amendment
Senator Donley MOVED amendment #1. WITHOUT OBJECTION it was
ADOPTED.
Senator Donley MOVED SCS CSHB 261(FIN). WITHOUT OBJECTION
it was REPORTED OUT with individual recommendations and
fiscal notes: Alaska Police Standard Council, $573.5;
Alaska Court System, $5.0; Department of Public Safety,
Alaska State Troopers, zero; Department of Administration,
Legal and Advocacy Services, zero.
ADJOURNMENT
Co-chair Sharp recessed the meeting until 8:45 a.m.
tomorrow.
SFC-98 -13- 4/28/98
| Document Name | Date/Time | Subjects |
|---|