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
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."                                                                
                                                                               
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                                                            

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