Legislature(1997 - 1998)

03/09/1998 01:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
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."                                                                
                                                                               
DEB DAVIDSON, STAFF, REPRESENTATIVE DAVIS testified in                         
support of HB 261.  She noted that the legislation expands a                   
program that is already in effect.  Alaska Law requires the                    
Alaska Police Standards Council to provide training for                        
police officers, correctional officers, probation officers                     
and village public safety officers.  In 1996, the Alaska                       
Police Training Fund was established.  Fund revenues come                      
from surcharges imposed on motor vehicle violations.  House                    
Bill 261 expands the surcharge to all crimes and increases                     
the amount of the surcharge.  Felony convictions and bail                      
forfeiture for felony offenses would have a surcharge of $85                   
dollars.  Misdemeanor offenses dealing with drug and under                     
the influence revocation of licenses would have a $75 dollar                   
surcharge.  Other misdemeanors would have a surcharge of $45                   
dollars.  Violations and infractions would have a surcharge                    
of $15 dollars.  She noted that the legislation was amended                    
in the House Judiciary Committee to direct judges not to                       
consider the surcharge when imposing a fine.                                   
                                                                               
LADDIE SHAW, EXECUTIVE DIRECTOR, ALASKA POLICE STANDARDS                       
COUNCIL spoke in support of the legislation.  He observed                      
that the Alaska Police Standards Council has increased its                     
basic training commitments.  The Council supported training                    
for 13 officers in FY 96.  The Council would support up to                     
100 officers in training for FY 2000.  Training at the Sitka                   
Academy would increase.  Fairbanks is developing a police                      
academy and the Council is negotiating to sponsor basic                        
training at the Anchorage Academy.  The Council has also                       
taken on the responsibility of a basic municipal corrections                   
officer-training program held at the Anchorage Academy.                        
                                                                               
In response to a question by Co-Chair Therriault, Mr. Shaw                     
observed that the proposed surcharge would be similar to                       
those in place in Oregon.  Twenty-six states run their                         
programs with surcharges.  The legislation was based on the                    
Oregon program.                                                                
                                                                               
Representative Davis noted that it is difficult to compare                     
Alaska with other states.  He noted that the Alaska State                      
Troopers are not highway patrolmen.  Other states have                         
highway patrolmen.                                                             
                                                                               
Co-Chair Therriault referred to the fiscal note by the                         
Alaska Police Standards Council.  Mr. Shaw clarified that                      
the Council received $396.1 thousand dollars in surcharge                      
revenues for FY 97.  He estimated that $450 thousand dollars                   
would be collected from surcharges in FY 99.  The Council                      
had an unfilled authorization of $53.9 thousand dollars.                       
                                                                               
CHRIS CHRISTENSEN, STAFF COUNSEL, ALASKA COURT SYSTEM stated                   
that the Supreme Court does not take a position on the                         
legislation.  He provided members with Amendment A (copy on                    
file).  Amendment A would neutralize the Alaska Court                          
System's fiscal note.  He explained that Alaska Court                          
System's computer system is only capable of accounting for                     
one surcharge.  Their new computer system is estimated to be                   
operational in two years.  He observed that if everyone that                   
was charged a surcharge paid before they left the courthouse                   
that there would not be a problem.  He noted that there are                    
many variables in tracking fines and surcharges.                               
                                                                               
Mr. Christensen observed that the Court System collects                        
approximately $4.4 million dollars in fines and forfeitures.                   
He noted that it would not cost any money to impose a                          
surcharge, collect a surcharge or turn the money over to the                   
General Fund.  Accounting for the money would be costly.                       
The amendment would provide that until the Court System's                      
computer system is operational, an annual estimate of                          
collected surcharges would be turned over to the                               
legislature.  Once the new computer system is operational                      
the precise figure would be given.                                             
                                                                               
Mr. Christensen observed that the legislation would require                    
a $45 dollar surcharge on misdemeanors and a $15 dollar                        
surcharge on infractions.  He pointed out that there are                       
many offenses, technically classified as misdemeanors, which                   
are on the bail schedule and are not subject to jail time.                     
New residence addresses must be notified to the Division of                    
Motor Vehicles within 30 days.  Failure to do so is a                          
misdemeanor, but since it is on the bail schedule, the                         
maximum fine is $20 dollars.  Without the amendment this                       
would receive a $45 dollar surcharge.                                          
                                                                               
Mr. Christensen noted that if Amendment A is adopted that                      
there would be a one time $5 thousand dollars cost for form                    
redistribution.                                                                
                                                                               
In response to a question by Representative Davies, Mr.                        
Christensen estimated that the average fine on a misdemeanor                   
case is $250 dollars.  Fines on the bail schedule range from                   
$15 dollars to over $100 dollars.  The average fine on the                     
bail schedule would be between $30 and $60 dollars.  Felony                    
cases generally receive jail time.                                             
                                                                               
In response to a question by Co-Chair Therriault, Mr.                          
Christensen suggested that "misdemeanor not on a bail                          
forfeiture schedule" be added on page 2, line 27.                              
"Misdemeanor, which is on the bail forfeiture schedule,"                       
could be added to page 2, line 31.                                             
                                                                               
Representative Davis observed that he was aware of the                         
problem.  Ms. Davidson questioned if language would be                         
needed on line 27.  She observed that subsection (3) deals                     
with misdemeanors and violations of municipal ordinances for                   
which a sentence of incarceration could be imposed.  She did                   
not know if misdemeanors on the bail schedule are offenses                     
for which a sentence of incarceration could be imposed.  She                   
suggested that adding "misdemeanor" to subsection (4) could                    
solve the problem.                                                             
                                                                               
Representative Davies referred to page 2, line 22.  He noted                   
that AS 28.33.030 refers to operating a commercial vehicle                     
while intoxicated.  He noted that AS 23.33.033, Presumptions                   
and Chemical Analysis of Breath or Blood, is not included.                     
                                                                               
Representative Davies added that AS 28.35.030, Operating a                     
Vehicle While Intoxicated and AS 28.35.032, Chemical Test                      
were included, but AS 28.35.031, Implied Consent was omitted                   
from offenses relating to driving under the influence with a                   
non-commercial license.                                                        
                                                                               
Ms. Davidson noted that the legislation was based on current                   
statutes.                                                                      
                                                                               
Representative Davis provided members with Amendment B (copy                   
on file).  Ms. Davidson explained that as the legislation is                   
currently written a $15 dollar surcharge is placed on an                       
infraction violation for which a sentence of incarceration                     
is not imposed.  She observed that parking tickets would                       
fall under this category.  Amendment B would provide that if                   
the fine or bail forfeiture amount were less than $30                          
dollars then a $5 dollar surcharge would be charged.  If the                   
fine or bail forfeiture amount were $30 dollars or more a                      
$15 dollar surcharge would be charged.                                         
                                                                               
Co-Chair Therriault observed that the legislation would                        
change the amount of revenue received by the state of                          
Alaska.  However, the legislation does not automatically                       
authorize the expenditure to the Alaska Police Standards                       
Council.  He maintained that the expenditure should be                         
considered with the Department of Public Safety's budget                       
before the full House Finance Committee.                                       
                                                                               
Co-Chair Hanley noted that the fiscal note shows a total                       
operating budget of $627.4 thousand dollars for FY 99.  Mr.                    
Shaw clarified that this is the amount of revenues estimated                   
to be collected as the result of HB 261. The estimated                         
change in revenues of $573.5 thousand dollars includes a                       
$53.9 thousand dollar reduction for excess authorization in                    
FY 99.  The total operating budget of the Alaska Police                        
Standards Council's budget would be approximately $1.597                       
million dollars.  The Council's FY 98 budget is $524                           
thousand dollars.  The proposed FY 99 budget, without HB
261, would be $627 thousand dollars.  Co-Chair Hanley                          
summarized that an additional $627 thousand dollars would be                   
added to the FY 99 proposed budget.                                            
                                                                               
Co-Chair Hanley noted that persons are paying for their                        
Community Residential Center (CRC) beds.  He asked why half                    
the money should not be diverted to the Department of                          
Corrections to pay for prison space.                                           
                                                                               
Mr. Shay stressed that Alaska Police Standards Council has a                   
responsibility to support municipal and state correctional                     
training.  The Council will be supporting training for                         
contract jail officers.                                                        
                                                                               
Co-Chair Hanley observed that funding for training could                       
potentially offset some costs that the Department of                           
Corrections or local communities have normally supported.                      
He emphasized that there should be a corresponding decrease                    
if the Council provides basic training that had been                           
previously paid for by others.                                                 
                                                                               
Co-Chair Therriault suggested that the fiscal note be zero                     
and the operating expenses be set through the regular budget                   
process.                                                                       
                                                                               
Representative Mulder noted that the Council would provide                     
training for officers of the city of Valdez.  Mr. Shaw noted                   
that the community jails officer program was built with the                    
support of the Alaska Police Standards Council.                                
Representative Mulder observed that costs for municipal                        
training would be shifted to the state of Alaska.                              
                                                                               
Representative Davis noted that the Council provides                           
services to all state police departments.  City police will                    
collect some of the surcharges.                                                
                                                                               
Ms. Davidson observed that, of 67,000 citations issued,                        
approximately 31,000 citations were issued by cities other                     
than Anchorage.  Anchorage officers wrote approximately                        
14,000 citations.  State Troopers wrote approximately 22,000                   
citations.                                                                     
                                                                               
Co-Chair Hanley observed that Anchorage would have to keep                     
track of municipal fines.  Mr. Shaw noted that the Council                     
would support the Anchorage Academy by paying some operating                   
costs for use of the academy and providing training.                           
                                                                               
Co-Chair Hanley clarified that the Anchorage Court System                      
would not receive funding from the surcharge.  He expressed                    
frustration that communities are being discouraged from                        
taking control.                                                                
                                                                               
Mr. Shaw noted that the Council sets standards for community                   
correctional officers. The Council supports 63 percent of                      
the police population at the Anchorage training center.                        
                                                                               
Mr. Shaw spoke in support of Amendment A.  He stressed that                    
the Court could do a good job of estimating the surcharge.                     
                                                                               
(Tape Change, HFC 98 -58, Side 2)                                              
                                                                               
Co-Chair Therriault MOVED to ADOPT Amendment A as Amendment                    
                                                                               
Representative Davis MOVED to ADOPT Amendment B as Amendment                   
2.  He stated that the amendment would lower the surcharge                     
on parking tickets.                                                            
                                                                               
Co-Chair Hanley questioned if there is a surcharge on                          
parking tickets.                                                               
                                                                               
Ms. Davidson stated that, under existing law, a surcharge is                   
based on a violation.  She did not think that there is                         
currently a surcharge on parking tickets.  She observed that                   
the legislation would add a surcharge on infractions.  She                     
thought that parking tickets would fall under the definition                   
of infraction.  She observed that the statutes contain                         
several types of fines for infractions.                                        
                                                                               
Mr. Christensen clarified that, in Anchorage, parking                          
tickets are under the civil system.  He thought that most                      
municipalities would charge parking tickets under a civil                      
ordinance.  Tickets issued under a civil system would not                      
receive a surcharge.                                                           
                                                                               
Co-Chair Hanley requested information regarding violations                     
and infractions and the dollar amounts imposed.                                
                                                                               
HB 261 was HELD in Committee for further consideration.                        

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