Legislature(1997 - 1998)

01/28/1998 01:05 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE JUDICIARY STANDING COMMITTEE                                    
                  January 28, 1998                                             
                     1:05 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Joe Green, Chairman                                             
Representative Con Bunde, Vice Chairman                                        
Representative Brian Porter                                                    
Representative Norman Rokeberg                                                 
Representative Jeannette James                                                 
Representative Eric Croft                                                      
Representative Ethan Berkowitz                                                 
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
HOUSE JOINT RESOLUTION NO. 7                                                   
Proposing an amendment to the Constitution of the State of Alaska              
prohibiting the imposition of state personal income taxation, state            
ad valorem taxation on real property, or state retail sales                    
taxation without the approval of the voters of the state.                      
                                                                               
     - FAILED TO MOVE HJR 7 OUT OF COMMITTEE                                   
                                                                               
* 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."                         
                                                                               
     - HEARD AND HELD                                                          
                                                                               
* HOUSE BILL NO. 282                                                           
"An Act imposing a surcharge on fines imposed for misdemeanors,                
infractions, and violations and authorizing disposition of                     
estimated receipts from that surcharge; and amending the purposes              
for which grants may be made from the legal assistance and juvenile            
justice grant fund in order to provide financial assistance for the            
operation of youth courts."                                                    
                                                                               
     - SCHEDULED BUT NOT HEARD                                                 
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: HJR 7                                                                    
SHORT TITLE: VOTER APPROVAL FOR NEW TAXES                                      
SPONSOR(S): REPRESENTATIVES(S) MARTIN                                          
                                                                               
Jrn-Date    Jrn-Page           Action                                          
01/13/97        23     (H)  PREFILE RELEASED 1/3/97                            

01/13/97 23 (H) READ THE FIRST TIME - REFERRAL(S)

01/13/97 23 (H) STATE AFFAIRS, JUDICIARY, FINANCE 02/27/97 (H) STA AT 8:00 AM CAPITOL 102 02/27/97 (H) MINUTE(STA) 02/27/97 501 (H) STA RPT 1DP 1DNP 4NR 02/27/97 502 (H) DP: HODGINS; DNP: ELTON 02/27/97 502 (H) NR: JAMES, BERKOWITZ, DYSON, IVAN 02/27/97 502 (H) FISCAL NOTE (GOV) 02/27/97 502 (H) REFERRED TO JUDICIARY 04/16/97 (H) JUD AT 1:00 PM CAPITOL 120 04/16/97 (H) MINUTE(JUD)

01/28/98 (H) JUD AT 1:00 PM CAPITOL 120 BILL: HB 261 SHORT TITLE: LAW ENFORCEMENT TRAINING SURCHARGE SPONSOR(S): REPRESENTATIVES(S) DAVIS Jrn-Date Jrn-Page Action 04/24/97 1323 (H) READ THE FIRST TIME - REFERRAL(S) 04/24/97 1323 (H) JUDICIARY, FINANCE

01/28/98 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER REPRESENTATIVE TERRY MARTIN Alaska State Legislature Capitol Building, Room 502 Juneau, Alaska 99801 Telephone: (907) 465-3783 POSITION STATEMENT: Provided sponsor testimony on HJR 7. REPRESENTATIVE GARY DAVIS Alaska State Legislature Capitol Building, Room 513 Juneau, Alaska 99801 Telephone: (907) 465-2693 POSITION STATEMENT: Provided sponsor testimony on HB 261. LADDIE SHAW, Executive Director Alaska Police Standards Council P.O. Box 111200 Juneau, Alaska 99811 Telephone: (907) 465-4378 POSITION STATEMENT: Testified on HB 261. CHRIS CHRISTENSEN, Staff Counsel Administrative Staff Office of the Administrative Director Alaska Court System 820 West 4th Avenue Anchorage, Alaska 99501 Telephone: (907) 264-8228 POSITION STATEMENT: Testified on HB 261. KEVIN JARDELL, Legislative Administrative Assistant to Representative Green Alaska State Legislature Capitol Building, Room 118 Juneau, Alaska 99801 Telephone: (907) 465-4990 POSITION STATEMENT: Testified on HB 261. ANNE CARPENETI, Assistant Attorney General Legal Services Section-Juneau Criminal Division Department of Law P.O. Box 110300 Juneau, Alaska 99811 Telephone: (907) 465-3428 POSITION STATEMENT: Testified on HB 261. ACTION NARRATIVE TAPE 98-5, SIDE A Number 0001 CHAIRMAN JOE GREEN called the House Judiciary Standing Committee meeting to order at 1:05 p.m. Members present at the call to order were Representatives Green, Bunde, Porter and Berkowitz. Representatives Croft, Rokeberg and James arrived at 1:06 p.m., 1:10 p.m. and 2:00 p.m., respectively. HJR 7 - VOTER APPROVAL FOR NEW TAXES Number 0025 CHAIRMAN GREEN announced the first order of business to be a revisit of HJR 7, "Proposing an amendment to the Constitution of the State of Alaska prohibiting the imposition of state personal income taxation, state ad valorem taxation on real property, or state retail sales taxation without the approval of the voters of the state." He asked Representative Martin, sponsor, to present the resolution. REPRESENTATIVE TERRY MARTIN, sponsor of HJR 7, stated that he appreciated the committee revisiting this issue. He pointed out that the amendments made last year pertain to some of the questions that were brought up, especially regarding ad valorem. He said, "I do not mind that as a committee substitute." He continued that the question arose last year of what would be done in case of a crisis of depleting oil and gas revenues. He noted that things have changed since then, as oil companies have been saying that there will not be a decline after 1999. He stated that this will protect the revenue. He asserted that he would put more emphasis on the Constitutional Budget Reserve(CBR), which is the rainy day account, a cushion of currently $4 billion that receives approximately $400 million a year. He stated that the simple solution is to tax the public. REPRESENTATIVE MARTIN declared that the legislature is seeing, through permanent funds, that the public will buy the kind of government that they want. Today the legislature receives more revenues in permits and fees for various government programs and services than it ever received in income tax. He explained that the legislature needs to calculate that by the "all budget category" which is now approaching $900 million. He said, "So the people aren't paying for the services -- it's a matter that-- I believe in going back to basics, especially when it comes to the income of the voting people. Let them decide." He continued that many states during the reparations in the 1910s and 1920s decided to have a referendum and the initiative program. He said, "Now we see in many state legislatures, that NCSL [National Conference of State Legislatures], could provide the information for you where a majority, a super majority, of the legislature are required before any taxes are increased or proposed new taxes, which is good." He stated that in most cases the people get the final say and do approve the taxation when they are aware of what it is for. For example, if they believe in education, they might not want an endowment, but they would allow taxing for education. Representative Martin stated that he had a lot of faith in the public voting for taxes when they know what they are buying. He continued that it is important to let the public decide on income tax. Number 0351 REPRESENTATIVE BRIAN PORTER asked if it would be a fair statement to say that because of the constitutional prohibition against dedicated funds that the legislature would not be able to notify the public precisely on what is being bought with the tax. Number 0370 REPRESENTATIVE MARTIN replied that it would not be true because HJR 7 is a constitutional amendment. He stated that the public's ability to vote on a tax would come after the freedom of voting on a particular tax. REPRESENTATIVE PORTER asked if HJR 7 changed the constitutional prohibition against dedicated funds. REPRESENTATIVE MARTIN replied that it did not, except that it would dedicate funds similar to what was done with the permanent fund and the CBR, as those were constitutionally established dedicated funds. Number 0445 REPRESENTATIVE PORTER stated that then each subsequent proposal would require a constitutional amendment. REPRESENTATIVE MARTIN replied that it would not, because it is being allowed by the constitution to approve that. Number 0458 REPRESENTATIVE PORTER responded that he did not think they were communicating. He referred to Representative Martin's statement that the public can be trusted because they will know what it is that they are going to be taxed on. Representative Porter suggested that unless each proposal that is put before the public was a constitutional amendment or if this proposal amended the constitution's prohibition against dedicated funds, the legislature would not be able to notify the public as to what the tax is going to do. Number 0498 REPRESENTATIVE MARTIN said, "I don't see where any difference comes from there from, then, what we did with the constitutional amendment for the permanent fund, which said that 25 percent will be royalties and severance. We did say that we're dedicating these monies for the CBR to 'X purpose CBR'." He asserted that there are four dedicated categories in the constitution that the public voted on. He clarified that HJR 7 is allowing the legislature to tell the public through the constitution that it is not just general funds but general funds that we will allow for education or roads, et cetera. Number 0556 REPRESENTATIVE PORTER asked whether each one of those votes would then be a constitutional amendment on a tax proposal. REPRESENTATIVE MARTIN responded, "We have already approved it, I think sir, by saying yes, we approved education funds." REPRESENTATIVE PORTER stated that he disagreed. REPRESENTATIVE MARTIN stated that the public would not have to vote on it again. Number 0576 CHAIRMAN GREEN stated that he thought Representative Porter was saying "that all this would do is require that any future tax increase would be required a vote of the public and that vote would have to come up as a constitutional amendment now to change to allow a tax for a specific or all of those. I mean, you would have to come back and reiterate like you were referring to the permanent fund, there was a specific issue where money would go right there and we are amending our constitution to provide for that." He said that Representative Porter is saying that if this passes and in the year 2004 an income tax needs to be established, it would have to be on the ballot in order to adjust the constitution to provide for that or else it would go to the permanent fund. He asked if that was Representative Martin's understanding. Number 0645 REPRESENTATIVE MARTIN responded that it was not his understanding. He said, "The people voting on this tax here for education, we agree that we are in the -- a real restraint here and the legislature is going to put forth to the people a need for education money. So we are going to tax ourselves and we ask the people to join in this willingness to tax ourselves for education. So then we would bring it before them." He continued that it could be made a constitutional amendment if it was so desired but then it would take two-thirds of the legislative body to do so each time. Number 0692 REPRESENTATIVE ERIC CROFT stated that if the legislature wanted to make the tax dedicated to education, there would have to be a constitutional amendment to do so, because the tax could not be dedicated to education any other way. Number 0701 REPRESENTATIVE MARTIN responded that could be an interpretation. He said, "Personally I would love it. If you passed this here and then no other fund can go forward to the people like you are saying, a super majority, that would end up with the super majority before it goes to the people because that is what a constitutional amendment is." He declared that most states have a super majority before the vote goes to the public. Number 0725 REPRESENTATIVE CROFT asked if it is true that over 25 of the states require voter approval. REPRESENTATIVE MARTIN responded yes and that information could be obtained from NCSL. REPRESENTATIVE CROFT asked if it is in the committee packet. REPRESENTATIVE MARTIN responded that he could get the latest information from the NCSL. Number 0751 REPRESENTATIVE CROFT suggested that the process he was discussing with Representative Porter seems like it leads to a number of different dedicated taxes for different worthy goals. He explained that it is his understanding, as he has been re-reading the minutes of the constitutional convention, that the main reason for the dedicated funds prohibition in the constitution was because we had seen the history of many states having road funds that were rich while the state was going bankrupt. He pointed out that by having so many separate "pots," the legislature could not respond to any eventuality. He asked Representative Martin if that is a risk that he would forsee with HJR 7. Number 0815 REPRESENTATIVE MARTIN replied that is very much a risk. He said, "It is one of the things that I have been crying about, where we have taken so much money out of the general funds now and make them dedicated solutions. That is the reason why we end up today with -- we say that we cut the budget, Democrats and Republicans, we cut the budget, we cut the budget. And then we put it over here in that separate category as dedicated." He stated that there is a list of activities that were done that he believes were unconstitutional under the scenario that Representatives Croft and Porter pointed out. He reiterated that it has been done without letting the public speak about it, under the guise of cutting the budget and putting the funds in other categories. Number 0877 REPRESENTATIVE CON BUNDE stated that he appreciated the fervor of this philosophy but as one who represents an area victimized by the tyranny of the majority in voting the rights of the minority away, specifically the hillside police issue. He wondered if there has been consideration as to what it would be like if this were to occur and there were a tyranny of the minority especially if some of the issues such as subsistence were to come to pass where the majority and urban areas would refuse to vote a tax that would be beneficial to rural areas. Number 0927 REPRESENTATIVE MARTIN responded that there is always that problem all over the nation, and it basically comes down to faith in people. He stated that there are certain school districts throughout the nation that have been hurt by the disparity in tax dollars. He said, "Our court system helped that to a degree where there would be equality, but then the people eventually voted on it so that there would be equality within the tax structure of all educating districts." He reiterated that it is a matter of having faith in the people and letting them see what is happening. Number 0960 REPRESENTATIVE BUNDE asked if it was Representative Martin's view that the initiative process could be not re-used to appropriate money. REPRESENTATIVE MARTIN responded that is correct. REPRESENTATIVE BUNDE asked if this would be an initiative process, allowing a tax which is basically appropriating money. Number 0975 REPRESENTATIVE MARTIN responded that it is approving an legislative issue; we are depending on the legislature to solve the problem. The legislature would present to the public the areas where the tax is needed and then ask if the public would approve that tax in exchange for the best roads in the nation. He offered that there is evidence that the public would do that. He reiterated that it boils down to having faith in the people. He questioned how there could be so many dedicated funds already in existence without a vote of people. Number 1017 REPRESENTATIVE PORTER stated that he still did not get an answer to his question as to whether having the public vote and approve a tax is de facto appropriating of funds. This would be prohibited by another constitutional provision. CHAIRMAN GREEN asked, "I suppose that would be how it was crafted from ...?" Number 1049 REPRESENTATIVE MARTIN replied that it could be. He stated that he believed that taxes are the most important issue that the public should be controlling. He pointed out that what is being said is it will need to have two-thirds of the majority of both houses in order to approve a tax measure, if this is going to be a constitutional amendment. Number 1077 REPRESENTATIVE PORTER stated that what they are trying to say is that there would need to be a two-thirds' majority vote, and consequently a constitutional amendment, if the legislature wants to tell the public that this tax will go a specific area as dedicated funds. He continued that if that is not a consideration, there would be no need to have the two-thirds' majority vote, just a vote of the people on the tax, but then it could not be dedicated. He asserted that if he was voting on a tax, he would question whether the tax would go towards education if there was not a requirement that it would. Number 1126 REPRESENTATIVE MARTIN responded that is exactly it. He stated that in the past a simple majority of the legislature who did not represent the majority of the people would easily tax the majority of the people. It is not as bad now as it was ten years ago. Number 1162 REPRESENTATIVE ETHAN BERKOWITZ stated that he is not sure if he follows the thread of this conversation. He stated that he wished Representative Bunde would allow the legislature to try the tyranny of the minority. He asked Representative Martin if he was saying that the budget cuts have been illusory and not factual. Number 1194 REPRESENTATIVE MARTIN responded that he was; both Democratic and Republican legislatures and administrations have done that. He asked how many categories there are of dedicated funds. Number 1220 CHAIRMAN GREEN referred to a comment by Representative Martin that user fees now represent $900 million. REPRESENTATIVE MARTIN stated that it is close to $900 million. It stems from hunting fees, (indiscernible -- coughing) fees, business fees, university fees, et cetera. Number 1247 REPRESENTATIVE PORTER stated that he understood what he was saying but the choice of the term "dedicated funds" is misleading. He explained that those are program receipts that have to be appropriated every year by the legislature into those categories. He asked if that was correct. Number 1255 REPRESENTATIVE MARTIN stated that it was correct. It is a play on words, as they used to always have to be in the general fund. For example, student fees would first be put into the Department of Public Safety, then into the Alaska Marine Highway and then into the university. Number 1275 REPRESENTATIVE PORTER stated that he understood what he was saying but is opposed to the requirement to put oil to gas settlements into the CBR; there is no choice, as that is where they go. However, program receipts are off budget and it is very deceiving as to where they go. But if the legislature wanted to, it could be dumped into the general fund and not into those individual accounts. REPRESENTATIVE MARTIN clarified that they are called dedicated funds. CHAIRMAN GREEN stated that they are not. AN UNIDENTIFIED MALE SPEAKER stated that they are designated funds. Number 1310 REPRESENTATIVE MARTIN stated, "Same way, if a mayor owned 25 percent of royalties, 25 percent [where] constitutionally done but we changed the law ourselves and put another 25 percent into the permanent fund. That wasn't of the people's will, so you might say that was unconstitutional. We didn't have the right to do that." He added that it is a good thing we do that because the funds are building up. Number 1332 REPRESENTATIVE BERKOWITZ stated that he wanted to be clear that Representative Martin considers user fees and surcharges to be a form of tax. Number 1346 REPRESENTATIVE MARTIN responded that it is a voluntary form of tax. He stated that as former Governor Hammond said, the reason for the permanent fund is so people will be able to buy the services that they need. For example, in 1985 there were $15 million coming in as student fees, and even though the 15 percent forgiveness was stopped, it is now $58 million that comes in as student fees. However, the student fees do not go through the general fund, they go straight to the university. Number 1378 REPRESENTATIVE CROFT asked which version of the resolution the committee is on. He questioned if if is version A because he has a note from the prior session that the ad valorem tax on real property had been a subject of discussion. He asked if that was in or out, at this point. CHAIRMAN GREEN responded that the committee did pass that but unfortunately there is not the committee substitute to include that. That section is out by an amendment that was approved last year. Number 1402 REPRESENTATIVE BUNDE asked if the committee is into debate yet on HJR 7. CHAIRMAN GREEN replied that is correct. Number 1407 REPRESENTATIVE BUNDE stated that he agreed that we should let the public buy the government that they need; however, they are buying the government that they want. If it was a need-based government, state workers could probably be reduced by a least half. He stated that he did not plan to support this measure for the previously mentioned concerns as well as for the reason that he has a great deal of faith in the people and until it is in the form of initiative he will wait for the people to speak. Number 1459 REPRESENTATIVE NORMAN ROKEBERG stated that he wanted to clarify a couple of things. He asked Representative Martin whether, under his intent and interpretation of the language of this constitutional amendment, if there was a state income tax which was based on 16 percent of the federal tax and the legislature wanted to change it to 18 percent, it would require a vote of the people. Number 1499 REPRESENTATIVE MARTIN stated that is correct. Anytime time there is an adjustment, it will have to go to the voters. Number 1510 REPRESENTATIVE ROKEBERG asked: If the legislature wanted to repeal a tax, would the legislature still have its power? REPRESENTATIVE MARTIN responded that he thought so and hoped that was the case. Number 1525 REPRESENTATIVE ROKEBERG stated that it seems like that might be the case, but he is concerned that he is suggesting if the voters, under this amendment, approve the tax, then anytime it would be adjusted upwards, it would have to be by a vote of the people. He asked if that was correct. Number 1534 REPRESENTATIVE MARTIN stated that it is correct in regards to an increase or a new tax. Right now Alaska does not need new sources of revenue, and even if it did, he would still pursue HJR 7 because he likes the idea of people having freedom and control of the purse strings. Number 1569 REPRESENTATIVE ROKEBERG stated that he is not so sure that HJR 7 is doing that. He suggested that the possibility of a ways and means committee, for example, as part of the House Labor and Commerce Standing Committee, which deals with the tax code of the state of Alaska. Many times adjustments are made through the codes for various reasons. He asked if Representative Martin was suggesting that if there was something in place, they then could not take action on codification on a particular de minimis tax regulation without a vote of the people. Number 1604 REPRESENTATIVE MARTIN replied, "You are talking about regulation but I am talking about any ...." Number 1612 REPRESENTATIVE ROKEBERG stated that even a minor increase in some part of the tax code would have the effect of raising taxes. He suggested that every time there was a positive fiscal note, then there would have to be a vote of the people. REPRESENTATIVE MARTIN replied that was correct. He said, "What you call minor, 1 percent or half percent, a lot of areas allow that to the public, half-percent increase because we -- environment. The people in Colorado did that, [there] was less than 1 percent, and it's helping environmental issues tremendously." Number 1634 REPRESENTATIVE ROKEBERG referred to the ad valorem tax and asked what occurred. CHAIRMAN GREEN replied that it was passed. It was deleted. He stated to Representative Martin that he is concerned that he may be referring to other states where there is a projectable shortfall, that something needs to be done about a certain tax. He stated that his concern is that Alaska's economy is so linked to the price of oil, as well as the amount of oil, that if there was a down turn on oil in July, the legislature would not be able to increase the tax for two years. He asked if that was a risk that Representative Martin would fore see. Number 1688 REPRESENTATIVE MARTIN responded that it is a legitimate concern and that is the reason why (he referred to a chart) this shows were they would expect a decrease. He explained that they can tell, if everything is the same and there are no new discoveries or incentives, then there is no decrease. Since that time, the rainy day account has been increased, which is going very well, receiving $400 million a year. He stated that there is also the possibility that people may agree to cap the permanent fund dividends. He stated that his constituents had wholeheartedly supported his efforts to cap the permanent fund at $1,000. He asserted that there is going to be a limit on the amount of money that is given away, as the dividends are going to either be taxed or capped. He stated that the problem is that those people who work and have good pensions are going to taxed, while other people will be demanding more and more dividends. Number 1760 CHAIRMAN GREEN stated that he certainly supports the concept of getting the feel from the public on whether the state government expenditures justify spending their own money, as opposed to the fact that "a free ride exists." He stated that his concern is that the legislature would have to go to the CBR, which has to be repaid out of the following year's receipts. He stated that since 1994 on, there has been the attitude of capping the expenditures and reducing the need for a tax. He asked if that would suffice to do the same thing HJR 7 is trying to do. He asked: The people elect those who allocate the spending, so then wouldn't that be accomplishing the same thing? Number 1811 REPRESENTATIVE MARTIN replied that it depends on one's philosophy. It goes back to basics and who controls the purse strings. He stated that the people may elect you to do the reapportioning of the districts; the majority of elected people do not represent the majority of the citizens. The majority of the citizens who earn the money must protect themselves even against representative government. He continued, saying that is the balance of HJR 7; more than the simple majority of the legislators first must pass any increase of taxes, and then a vote of the people is required, equaling a real control over the purse strings. Number 1875 REPRESENTATIVE CROFT asked how HJR 7 is different from the (indisc.) referendum power that they would have anyway. He questioned if this is just switching who starts it. Number 1884 REPRESENTATIVE MARTIN said that is a good point. He explained that is one of the things in this state that disappoints him in reading the history of the constitution. He stated that it is called a model constitution because it was developed by the American Municipal League out of Chicago, and was just meant to be a skeleton way of approaching the constitution. He said, "It was called a model even before the delegation chose it and so we misuse that word." He stated that a major aspect left out was the initiative by the people and anything pertaining to appropriations and referendums. Referendums were a very strong vehicle that the people had over the legislature if they appropriated money for something that they did not want. This is not allowed in Alaska. He asserted that a signed referendum in Alaska is absolutely worthless because of the time restraints in which the people must gather signatures, introduce the bill and have it certified. Number 1944 REPRESENTATIVE CROFT stated the he did not know if referendums were absolutely worthless; there could be disagreement on the practicalities of them, but under the constitution if the tax was passed the public could get signatures to put a repeal of that tax on the ballot. Number 1956 REPRESENTATIVE MARTIN stated that they could, and the constitution may be changed to reflect that, but as it now stands, the public is denied that right. Alaska is one of the few states in which the public does not have any appropriation of taxes. Number 1974 REPRESENTATIVE BERKOWITZ recalled that last year it was decided to not move HJR 7 out of committee. He asked what status it now has. CHAIRMAN GREEN responded that it stays in committee unless there is a .... REPRESENTATIVE BERKOWITZ asked if the committee could vote on it without any impediment. CHAIRMAN GREEN stated that the committee could vote on it, if there is a motion to move it. REPRESENTATIVE ROKEBERG asked if the chairman has any particular notion on how he wants to handle the bill. Number 2009 REPRESENTATIVE BUNDE said, "I would move that this bill pass from the judiciary committee." CHAIRMAN GREEN said, "There has been a motion, I presume with accompanying fiscal note and individual recommendations." He asked if there was an objection. Number 2019 REPRESENTATIVE ROKEBERG said he had an objection. He stated that a constitutional amendment should be looked at as infinite law. He said he is not sure he agrees with the resolution in its present form. He commented that fundamentally the power to tax is the principal element of government and one of the most important constitutional rights that this legislature and this state have. He continued that under Alaska's constitutional system, the legislature is relatively weak vis- -vis the executive branch of government. He expressed reluctance to give this power to the people. Alaska has a unique situation, as there are enormous amounts of funds that are saved. He stated that he favors the proposition that is put forward in HJR 7, as it will minimize the effect on taxes. REPRESENTATIVE ROKEBERG said he would like to offer an amendment to the resolution, and he asked whether that would be out of order. CHAIRMAN GREEN asked whether Representative Bunde would withdraw his motion. REPRESENTATIVE BUNDE replied, "There is no amendment that will make this turkey fly." CHAIRMAN GREEN said that Representative Rokeberg would be out of order. Number 2121 REPRESENTATIVE PORTER said he could not support the resolution. He stated that he appreciated Representative Martin's feelings for the resolution but he still must disagree. He said he is concerned about the responsiveness in a time of emergency and believes it is the legislators' responsibility and the reason for being elected. Number 2162 CHAIRMAN GREEN agreed they are elected to do the public's bidding, although there are times when he does not like what has gone through. He stated that there has been a "silent bleeding" federally of the ability to control personal finances. He said, "You see the reaction when it goes far enough; we are a rather slow, methodical machine, but when it goes to the point that the people object, then you get these things like flat tax, and sales tax nationally and other alternatives to this bleeding." He continued that that is the way the public gets their say without constantly changing the constitution. Number 2189 REPRESENTATIVE ROKEBERG said he understands the rules of the chair, but he is finding himself in the position where he would normally support this but cannot because it does not meet the requirements without an amendment. CHAIRMAN GREEN suggested that an at-ease could be called and Representative Rokeberg and Representative Bunde could talk about it. Number 2229 REPRESENTATIVE BUNDE stated that he respects the philosophy of the intent of the resolution. CHAIRMAN GREEN requested a roll call vote. Voting against moving HJR 7 from committee were Representatives Bunde, Berkowitz and Porter. Representative Croft voted in favor of it; and Representatives Rokeberg and Green voted in favor, indicating the desire to amend it. Representative James was absent. Therefore, HJR 7 failed to move out of the House Judiciary Standing Committee by a vote of 3-3. REPRESENTATIVE MARTIN stated that he appreciated the discussion. HB 261 - LAW ENFORCEMENT TRAINING SURCHARGE Number 2300 CHAIRMAN GREEN announced that the committee would hear HB 261, "An Act relating to a surcharge imposed for violations of state or municipal law and to the Alaska police training fund." He asked Representative Davis to present the bill. Number 2309 REPRESENTATIVE GARY DAVIS, sponsor, explained that in 1994 a bill was passed that initiated the surcharge and established the Alaska police training fund. During the debate of that legislation, the statement, "A tax is a tax, a fee is a fee, and a surcharge is a surcharge," was quoted. He asked the committee to keep that in mind. REPRESENTATIVE DAVIS said the sponsor statement and sectional analysis pretty much detail this bill. There are people who break the law, and there are increased needs relating to law enforcement, correctional officers, Village Public Safety Officers (VPSOs) and others involved who need special training. In addition, the legislature, city councils, and city and borough assemblies pass laws that require specific training in certain areas, such as in domestic violence cases. This is an expense that the state is currently paying for, and this bill will make the abuser pay. Those who are creating the problem and the need for training will, with HB 261, have a surcharge on their fines that will go towards the Alaska police training fund. REPRESENTATIVE DAVIS explained that in 1994, when the legislature passed the law that initiated a surcharge, a broad list of violations and crimes was considered. It is his understanding from the debate that took place that it was felt that a small piece of legislation was best. That passed, and what is currently in effect is a $10 surcharge on moving violations; those dollars are being appropriated by the legislature to the training fund to provide for training and certification of public safety officers and correctional offers around the state. Representative Davis noted that probation and parole officers are included in that also; training is required of them to handle specific cases. REPRESENTATIVE DAVIS said where the surcharge is currently $10, HB 261 raises it to $15. In addition, it expands to other crimes the assessment of a surcharge. He said the fiscal note indicates how many crimes are currently tried - by category, including the numbers of felonies, DUIs (driving under the influence), misdemeanors, and infractions - and it applies the surcharges. TAPE 98-5, SIDE B Number 0001 REPRESENTATIVE DAVIS said he believes that currently the trooper academy in Sitka is being provided $800,000 in straight general funds. Over time, HB 261 is attempting to cover all of the training needs for public safety officers, probation/parole officers, VPSOs and correctional officers in Alaska. He emphasized that those abusing the system will be paying for the needs they create. CHAIRMAN GREEN referred to the fiscal note (from the Alaska Court System, dated 01/27/98, faxed from "Admin. Accounting" on

01/28/98). He asked why the funding source shows that it is the general fund, rather than general fund/program receipts. REPRESENTATIVE DAVIS specified that the fiscal note from the Alaska Police Standards Council, dated 01/27/98, indicates general fund/program receipts. He pointed out that the fiscal note for 124.9 (thousand dollars) is from the Alaska Court System and reflects the cost to the court for clerks to administer the surcharge, the fines as they come in. CHAIRMAN GREEN asked about Representative Davis's indication that they would receive some $450,000 in fines. Number 0082 REPRESENTATIVE DAVIS said that is correct. That is the amount in fines, and this would be an additional cost to the courts. Number 0103 REPRESENTATIVE CROFT questioned why three new people are needed for something that they are largely already doing. He asked whether it is because of the new crimes that are being covered. Number 0110 REPRESENTATIVE DAVIS said he could skirt over that and someone from the court system could get into some detail. He advised members there is some concern by the court system. Currently, their computers would not be able to handle this; there would have to be some manual work done to properly account for and distribute the dollars. Number 0134 REPRESENTATIVE CROFT asked whether these surcharges are something that local governments could do, and "we're sort of preempting the field." Number 0142 REPRESENTATIVE DAVIS responded that a city police officer will assess a surcharge, as they currently do. However, in most areas, the citations and so forth are collected by the courts unless those are mailed in. The state courts are still involved in accounting for and distributing the dollars. Number 0161 REPRESENTATIVE CROFT suggested there would have to be a theoretical limit on the efficacy of these. He stated, "You start to get to a level of surcharges - I have no idea whether we're close to that or not - but a level of surcharges where we're not collecting the money anymore; we're over what these offenders can afford, and we're getting to counterproductive. Have you satisfied yourself that we're sort of not in that range yet?" Number 0181 REPRESENTATIVE DAVIS said he had not completely satisfied himself, but in many cases, there is a lot of discretion of the courts as to what the fine will be, especially for felonies. Where there is discretion, he would imagine the ability to pay would be taken into consideration. Number 0204 REPRESENTATIVE BERKOWITZ noted that the ability to pay is something the courts factor in all the time within the hierarchy of what they assess for restitution and fines. He stated his assumption that this surcharge would be the lowest priority that has to be paid. Number 0223 REPRESENTATIVE DAVIS said he believes the bill would make it a mandatory surcharge effected to all of the citations and fines. He noted that there is an opportunity for community work to pay it off, as there is for fines. Number 0238 REPRESENTATIVE ROKEBERG acknowledged he is not really familiar with the criminal law and how it works. He asked whether there is a mandated minimum fine, for example, for particular offenses like driving under the influence, which allows them to charge the $85. Number 0263 REPRESENTATIVE DAVIS suggested perhaps Representative Porter could answer that. He explained that for a first-offense DUI, there is a mandatory amount, and he believes there is also a mandatory amount for a second offense. However, there is discretion for felonies, as well as for some misdemeanors. Number 0290 REPRESENTATIVE ROKEBERG expressed concern that there is a situation where there are various offenses, with minimum or refined ranges applied to them. House Bill 261 calls for specific amounts of monies and surcharges against those for a specific purpose. He asked whether there is any distinction between charges brought under a municipal code or state law. He further asked what happens to all these fines and whether they go into the general fund. He then noted that two communities in Alaska, Anchorage and Juneau, prosecute their own crimes. He asked, "Can't we have a surcharge to pay those folks back? Or how does that work?" CHAIRMAN GREEN asked Representative Davis whether he wanted Representative Porter to answer the question; Representative Davis said it would be fine. Number 0354 REPRESENTATIVE PORTER said it is true to a certain degree that the City and Borough of Juneau prosecutes some of its misdemeanors; and to a much larger degree, the Municipality of Anchorage prosecutes its misdemeanors. However, the funds being discussed here, while not dedicated, are program receipts that would be going into the police standards training fund. He stated, "And the disparity that I have with that - I guess in the interest of the statewide good - I voted for and consented to the original bill, in which the surcharge was just a small surcharge on traffic tickets. That goes into the police standards training fund." REPRESENTATIVE PORTER continued, "Now, the primary responsibility for the police standards operation is the required training that a corrections officer now, or a police officer, must have to be certified for the police -- it's called the Municipal Police Academy, and I don't know what the corrections now is called, but I assume it's the corrections basic academy or something. But the first application, by statute, of these funds would have to go to that. Certainly there, hopefully, will be funds available for other types of in-service training." REPRESENTATIVE PORTER continued, "And, getting to my problem, then, the Anchorage Police Department could minimally ... benefit from these funds. But up to that point, they haven't. And, quite frankly, they will have contributed half of them. And so, I can't support this, unless some provision is made that some of these funds, proportionately, can go to the agencies that generated them. And the Anchorage Police Department is the only department that does its own training. So, as to benefit law enforcement throughout the state, those of us from Anchorage that were involved in this said okay to the little one, but I can't do this. I just flat can't." CHAIRMAN GREEN asked whether that satisfied Representative Rokeberg's questions. Number 0470 REPRESENTATIVE ROKEBERG said it clarified several issues but didn't exactly answer all his questions. He asked whether most fines are shared with the municipalities. Number 0479 REPRESENTATIVE DAVIS answered that municipalities do assess the surcharge, which is collected and goes to the police training fund. The Police Standards Council trains municipal officers. Therefore, the municipalities are contributing and getting a benefit. Anchorage has its own training academy. REPRESENTATIVE DAVIS stated, "So, they don't utilize ... a lot of the functions and training facilities that -- the Police Standards Council sends the recruits and other members that need training. How it could be addressed? If Anchorage is excluded, then that's certainly one way, to exclude the Municipality of Anchorage from it. There may be other ways." He suggested Mr. Shaw, Executive Director, Alaska Police Standards Council, may have considered mechanisms to address the problem. Number 0550 CHAIRMAN GREEN said understanding what he'd heard, either the "424" does not include training for Anchorage police, or the expenditures are for non-Anchorage police. He suggested there is a disparity between the coverage and the expenses. Number 0569 LADDIE SHAW, Executive Director, Alaska Police Standards Council, said he would think they are all-inclusive. He explained, "Relative to your question, historically we do not pay for the Anchorage Police Department recruit training, nor do we pay for the Alaska State Trooper recruit training. Our responsibility by statute is to pay for all municipal basic-level training. What we've done with the existing surcharge is that we have regionalized them to the best of our ability to support in-service training between the Anchorage Police Academy and the Department of Public of Safety training academy in Sitka." MR. SHAW continued, "We budgeted $40,000 last year. And when we use the academy in Anchorage, we use it for Southcentral Region. So we support the Anchorage academy through the Kenai Police Department, Seward, and all of Southcentral. And, as an example, we put on a number of in-service courses at the Anchorage Police Academy, in our support of those training dollars to that academy. Again, not being able to support their basic training, that was our best justification for use of those dollars." MR. SHAW advised members they had also budgeted $35,000 for a new municipal corrections officer academy at the Anchorage Police Academy; these are basically jail officers for about 17 communities statewide. They are trained at the Anchorage Police Academy with the dollars from the Alaska police training fund. REPRESENTATIVE PORTER suggested that with the corrections now part of police standards, this problem is even more exacerbated because the Municipality of Anchorage pays the state for prisoner care for people that they arrest, yet they are not appreciating any of the revenue from the surcharge. He said it is kind of a double hit. Number 0671 REPRESENTATIVE BUNDE made a motion to adopt Amendment 1, 0- LS0920\E.1, Luckhaupt, 1/27/98. Amendment 1 read: Page 1, line 1, following "relating": Insert "to fines and" Page 2, following line 14: Insert a new bill section to read: "* Sec. 3. AS 12.55.035 is amended by adding a new subsection to read: (f) In imposing a fine, the court may not reduce the fine by the amount of a surcharge or otherwise consider the applicability of a surcharge to the offense." Renumber the following bills [sic] sections accordingly. Number 0687 REPRESENTATIVE CROFT objected for discussion purposes. He asked: If this is mandatory surcharge, does it affect restitution at all? He suggested in the hierarchy, it would seem that this would be below restitution. REPRESENTATIVE DAVIS said he doesn't know whether there is any hierarchy on fines or whether this is just added. He explained that the rationale of the amendment is "for the courts, to hold any thought of the surcharge down here while you get done with your business and assessing fines, and then ... tack on a surcharge." REPRESENTATIVE CROFT asked whether the concern is that they would reduce the other fines otherwise, to compensate for that surcharge. REPRESENTATIVE GREEN asked Chris Christensen to clarify the issue. Number 0755 CHRIS CHRISTENSEN, Staff Counsel, Administrative Staff, Office of the Administrative Director, Alaska Court System, said he does not believe that the legislature has set forth a priority that convicted criminals are supposed to pay fine, surcharge, restitution. He stated, "I think the priorities are when someone goes out and attempts to collect, through the civil process. For example, the attorney general has a fines collection unit, and they seize ... lots of permanent fund dividends every year. I think in that hierarchy, surcharges fit into the category of monies owed to the state, which is below child support and restitution and things of that nature." Number 0789 REPRESENTATIVE BERKOWITZ asked, "Well, would you consider to be a surcharge something to be paid following a fine?" Number 0794 MR. CHRISTENSEN stated his understanding that judges typically order the payment of things all at once, or they set a payment schedule, and as the money comes in, it is sent straight off to the general fund. In the example of traffic infractions, most people typically pay with one check that lumps everything together. He indicated his own agency must sort it out and specify what percentage goes where. REPRESENTATIVE GREEN introduced Kevin Jardell, attorney and committee aide for the House Judiciary Standing Committee. Number 0835 KEVIN JARDELL, Legislative Administrative Assistant to Representative Green, advised members he had some experience in the criminal field and had recently addressed the surcharge issue. It has been his experience that the judges are required to impose the present surcharge, and it is a requirement that it be paid within ten days of the sentencing. MR. JARDELL said he could not speak as to whether any action has ever been instituted through a borough, city or municipality to claim the $25 surcharge; he doesn't know whether it is effective or efficient for them to do so, and he doesn't know whether they have ever gone to that step. However, he does know that they are required to pay within a certain amount time. That then goes down to accounting, and from there, he'd never heard of anyone actually having to go through a process to pay for it. "I imagine most of them do pay the surcharge within that amount of time," he added. MR. JARDELL said there is no hierarchy for a judge setting a specific order of payment; during sentencing, the judge just speaks to the idea that the defendant must pay this within ten days. Typically, the defense attorney would then ask for more time - six months or a year, for example - to pay the fine, depending on how long the defendant will be in jail and things of that nature. Number 0936 MR. JARDELL restated that the surcharge has to be paid within ten days. If it is not paid, it has no bearing on whether or not the fine is paid. He added, "If the fine is not paid, they will go to probation and revoke probation or impose suspended ...." Number 0946 REPRESENTATIVE BERKOWITZ asked whether the surcharge is part of the sentence or a civil assessment. Number 0954 MR. JARDELL replied that he has done some research recently; he believes that almost every state imposes some type of surcharge, as does the federal government. He said he cannot find any case law that speaks to whether a court has addressed the question of whether it is civil or criminal. Mr. Jardell said his assessment is that it is a civil imposition, and that they would have to go through a contempt proceeding, because the court ordered it, "but it would be a contempt proceeding if you were going to something to the nature of -- place someone in jail for not paying the fine." Number 0983 REPRESENTATIVE BERKOWITZ stated his understanding that if there is a failure to pay a fine or restitution, that is, in essence, failure to comply with the sentence of the court. MR. JARDELL said that is correct. REPRESENTATIVE BERKOWITZ asked: If there is a failure to pay the surcharge, which is severable from the fine, is that jailable directly, as a failure to complete the sentence? Number 1011 MR. JARDELL said it is his understanding that it is not. The judge would have the ability to institute a contempt proceeding for not complying with the order to pay a surcharge. But other than that, the boroughs and municipalities would have to institute a "civil process to claim, just as any debtor." Number 1033 REPRESENTATIVE BERKOWITZ asked whether Mr. Jardell had seen any double jeopardy arguments in regards to this. MR. JARDELL said he has seen no case law. Number 1044 REPRESENTATIVE CROFT referred to the handout titled, "Estimated Revenues from Passage of HB 261 Based on FY 96 Court Disposition of Cases Where Defendant Pled Guilty or was Found Guilty," which lists Mr. Shaw as the source and carries the date 1/22/98. Representative Croft then referred to the line titled, "Percent of Total Surcharge Collected," and he asked for an explanation. MR. SHAW said those are from historical 1996 court records. Those percentiles add up to 100 percent. Of the 100 percent collection, 7 percent were felonies, for example. He specified that it was not 7 percent of 100 percent compliance. Number 1152 REPRESENTATIVE CROFT referred to the columns with ranges of from 50 to 100 percent compliance. He asked whether they have any idea of the average success rate for those. Number 1165 MR. SHAW replied, "What I have from the superior court felony case disposition, fiscal year '96, is pled guilty and nolo, is all I have. And we have a percentage of those. As an example, on felony cases, of 2,878 total, we have 2,041 pled guilty. We do not know, of those 2,041, how many were actually paid upon. We just know that those were pled guilty. Our estimates are only on bail forfeiture, pled guilty or nolo by numbers, not by dollars collected, because we have not been involved ourselves with collecting on felonies prior to this, and I cannot tell you what has and has not been collected upon. Number 1204 REPRESENTATIVE CROFT stated his understanding that they know the various percentages of who pled guilty, who contested and who pled nolo contendere, but they don't know how often that surcharge was collected. He asked, "So, on those 50 to 100, we're just laying out some guess ranges?" MR. SHAW responded, "What we've done is we try to build an historical number from a full fiscal year of collections on the existing surcharge. And those are primarily moving violations. And so, we have an historical track record now that we can pull from. We just have not dealt with issues like infractions and felonies in the past. Ours have been traffic offenses up until this bill." REPRESENTATIVE CROFT asked: Of traffic offenses, what percentage of the money does the state get on the surcharges? MR. SHAW said approximately 55 percent is what they have collected. REPRESENTATIVE CROFT asked whether that is a $25 surcharge. MR. SHAW responded that it is a $10 surcharge on moving violations; it is a $25 surcharge on driving under the influence or driving with a revoked or suspended license. Number 1253 REPRESENTATIVE BERKOWITZ asked whether there is a number somewhere, either a total or by category, about the amount collected over the total amount of fines. MR. CHRISTENSEN replied that they do not have that information, and that is one of the things he wants to talk about. CHAIRMAN GREEN indicated the committee would bring that up again. Number 1281 REPRESENTATIVE JEANETTE JAMES noted that these fines are collected and go into the general fund. She asked whether they are treated as program receipts or as general fund income. REPRESENTATIVE PORTER said program receipts. Number 1313 REPRESENTATIVE JAMES stated her concern: She does not like surcharges. She commented, "A tax is a tax is a tax, and a fine is a fine is a fine, and so a surcharge on a fine is a tax." She said this whole thing is based on an allocation, as opposed to anything else. She added, "Otherwise we could just raise the fines. I'm not convinced they're as high as they should be anyway." Number 1349 MR. SHAW advised members that Alaska has just received $1 million to hire police officers. In the last two weeks, his office has received requests to help implement police departments around the state. Places like Alakanuk, Anvik and Egegik, which have not historically had police departments, now have developed ordinances to fund police departments through this Department of Justice grant. Mr. Shaw explained, "What they do not fund is the training. We have an obligation to support their basic training." MR. SHAW provided an example. Of the 17 officers to be hired under this grant, four will be hired in Alakanuk. Mr. Shaw stated, "Now, at $5,700 dollars apiece, we have to increase our budget accordingly to fund those. In 1995, we had the ability to fund 13 police officers. Fiscal year '97, we funded 30 police officers. Fiscal year 2000, we're looking at funding up to 60 police officers in the state. And our existing budget would not allow that." Number 1413 CHAIRMAN GREEN asked whether Mr. Shaw anticipates that the state's portion of that would come from surcharges. MR. SHAW replied that it could. Number 1423 REPRESENTATIVE CROFT withdrew his objection to Amendment 1. Number 1443 CHAIRMAN GREEN asked whether there was any other objection. Hearing none, he announced that Amendment 1 was adopted. Number 1463 MR. CHRISTENSEN presented his testimony. He specified that his comments would relate to fiscal issues, and he would make those comments again to the House Finance Standing Committee and proposing some amendments. He said he had been working with the sponsor on that. However, he wanted the House Judiciary Standing Committee to be aware of these issues also. MR. CHRISTENSEN explained, "Surcharges are something that have become very, very popular in other states. And, of course, we take no position on the philosophy behind surcharges. ... That's something that our constitution leaves to your discretion, and I know the supreme court has made it clear in several cases that in this state, sentencing is primarily a matter ... of the legislature. There is very little judicial discretion in fashioning a sentence beyond what the legislature sets in the statute. In California, for example, they now apply $17 in surcharges for every ten dollars' worth of fine. So, if you get a $1,000 fine, you owe the government $2,700." Number 1516 MR. CHRISTENSEN continued, "The surcharge that was passed several years ago was the first surcharge we've had in Alaska. And at that time, we told the legislature that the computer system we had was marginally capable of accounting for one surcharge, but it was incapable ... of accounting for more than one surcharge." MR. CHRISTENSEN told members the court system has been in the Dark Ages with computers for many years. They don't currently have an integrated case accounting system; instead, they have a 20-year-old statistics-generating program that modifications have been made to so it can do some case accounting. MR. CHRISTENSEN explained, "Now, you gave us some money about five years ago to design an integrated computer system for the courts that would not just do accounting but would look at all areas of the court system and pull statistics out that you need to make the kind of decisions you have to make here. ... That system has been delayed. When that system is up and running - in about a year and a half - it will be able to keep track of up to 99 surcharges, which should take care of the next three or four years." [There was laughter.] MR. CHRISTENSEN informed the committee that for now, any surcharge above and beyond what is already on the books has to be handled completely by people, not by a computer. If everybody convicted of an offense wrote a check to the state before leaving the courthouse, it would not be a problem. However, there many variations in how these are paid. Some defendants pay at the time of sentencing; some mail in their money and never show up at court; some pay the court at a later date, perhaps in a different fiscal year; some do time payments; some never pay at all and have their permanent fund dividends seized by the attorney general sometime down the road; some never pay but do not have their dividends seized because they have moved out of state or are in jail on another charge; some do community service in lieu of paying the fine or surcharge; some pay, then appeal the conviction, resulting in an order from the appellate court to give the money back; some pay money directly to municipalities; and some pay it to the state and the state has to turn it over to the municipalities. MR. CHRISTENSEN advised members it is labor-intensive, and a lot goes into it that people don't realize it. With an appropriately designed computerized system, it is just a question of data entry, which they will have in a year and a half. Number 1670 MR. CHRISTENSEN told members the fiscal notes he had provided are a low-ball figure of what it costs to do this by hand. He pointed out that it costs them nothing for a judge to impose the surcharge, for them to receive money from the defendant or for them to turn it over to the general fund. The cost is in counting it before it is turned over to the general fund. MR. CHRISTENSEN stated, "And in good conscience, as a manager, Mr. Chairman, I can't really justify telling the legislature that I need three new union employees to count the money before we give it to you. Last year, we turned over $4.4 million in fines and bail forfeitures to the general fund. We keep none of it; we turn over every penny. And you will get that money anyway. And I will be proposing some ways to the Finance Committee to ... eliminate the need for a fiscal note, to impose a surcharge, collect the money but not take bodies to do it. And that would probably involve - for the next year and a half, until the computer system is on-line - having us make some educated estimates based on pulling a sample, rather than actually tracking each individual case." Number 1746 REPRESENTATIVE ROKEBERG asked how the fines themselves, not the surcharges, are disposed of. Do they all go back to the state's general fund, or is there any sharing between the municipalities and the state? Number 1774 MR. CHRISTENSEN answered, "If the state collects money from a municipal prosecution, they turn the money over to the municipality. ... If they collect it based on a state prosecution, it's all turned over to the general fund. ... Now, the major municipalities, we set up a system many years ago wherefore -- for mail-in bail, for traffic tickets, things like that. You don't ever send it to the state; you send it directly to the city. The cities used to like to use the state's accounting system; it saved them a lot of expense, but ... that really wasn't a good thing. And so the major cities all do it themselves. Some of the smaller communities, we will accept their tickets and process it and send it back, but we keep 10 percent and turn that in to the general fund." Number 1827 REPRESENTATIVE ROKEBERG asked, for the Municipality of Anchorage, whether the municipality's prosecutors would bring an action under state statute or would always use the municipal code. MR. CHRISTENSEN responded that they always use their municipal code. REPRESENTATIVE ROKEBERG suggested that therefore, any fines would go back to them. MR. CHRISTENSEN concurred. He said the court system is always used one way or another, so there is no savings there. However, it does save the Department of Law, the Public Defender Agency and the Department of Corrections a lot of money, because if someone is charged under a municipal code section, the city prosecutor pays to prosecute it. They hire a private public defender to represent the person if he or she is indigent, and they are theoretically supposed to reimburse the Department of Corrections for the incarceration. Number 1882 REPRESENTATIVE ROKEBERG asked whether the surcharges under that circumstance, in Anchorage or Juneau, would go to the training fund here. Number 1890 MR. CHRISTENSEN stated his understanding that the surcharges are supposed to come to the general fund. He said he thinks that is one of the problems with the existing surcharge; not as much money was raised as people anticipated, which he believes is partly because in some municipalities, the money is being paid directly to them, for mail-in bail, and the municipalities are keeping it. REPRESENTATIVE ROKEBERG asked, "Well, where are you mailing the money now?" MR. CHRISTENSEN replied, "When we get it, we send it to the general fund. If the city gets it ...." REPRESENTATIVE ROKEBERG asked whether that includes the surcharge money. MR. CHRISTENSEN said that is correct. Number 1938 REPRESENTATIVE BUNDE said none of this is filtering down to Anchorage, the biggest generator. It goes to the general fund, where it is viewed as program receipts that go into the training fund. MR. CHRISTENSEN said that is his understanding. REPRESENTATIVE BUNDE suggested this is another way that urban areas subsidize rural areas, and he won't support it. He said that to him, it is a user fee. "We all need the police, but the people that are getting busted are using them," he explained. "And I'm perfectly willing to have them pay a surcharge for this training. But it's got to be some equity, and it's got to filter down to the main generator, or I'm not going to support it. So, I've got two choices: You can either eliminate the whole thing and we'll send that million dollars back to the feds - and maybe our taxes will go down next year - or you can amend this bill here ... to address the equity problem. And I would highly recommend that the sponsor address the equity problem." Number 2031 REPRESENTATIVE BERKOWITZ stated that he has a different understanding of the flow of money. When the municipal prosecutor takes an Anchorage Police Department (APD) case and runs it through the district court, the fines collected from that case go back to municipal coffers, as he understands it. He asked whether it is correct that the Municipality of Anchorage is responsible for all misdemeanor prosecutions generated by the APD. Number 2064 MR. CHRISTENSEN replied, "My understanding is that they're responsible for it if the charging officer charges under a municipal ordinance." He said he believes that sometimes they charge under state laws too. "So, it depends," he added. REPRESENTATIVE BERKOWITZ suggested that essentially all domestic violence cases, DUIs and simple assaults come through the municipal prosecutor. Number 2087 MR. CHRISTENSEN replied that Anchorage does most of those things internally, through the municipal prosecutor's office. REPRESENTATIVE BERKOWITZ noted that the state court and the state prosecutor pick up the felonies generated in Anchorage. MR. CHRISTENSEN concurred. Number 2105 REPRESENTATIVE PORTER pointed out that the fines and forfeitures that come in to the municipal coffers from the collections of the court for municipal misdemeanors do not come close to paying for the prosecutor's office, let alone for public defenders, police or corrections costs. Number 2157 MR. CHRISTENSEN said, "One of the previous witnesses stated that we'd been collecting 55 percent in the past. I would expect that to go up, because we did pull a sample of citations which people thought should have had surcharges on them and there weren't. And what we discovered is that 60 percent of them -- there were police officers around the state, both troopers and city police officers, who were using the old uniform citation, which didn't have a surcharge on it. ... They're expensive; people don't want to throw them away. And if you write somebody a ticket and it doesn't say you have to add $10 onto the ticket for a surcharge, they don't send in that amount on their check, and we have no way of going after it. So, over time, as the local police and the troopers get rid of the old forms, I would expect more money to be collected by the state." Number 2238 MR. SHAW referred to Representative Porter's comments about how much Anchorage brings in. Mr. Shaw stated, "1996 offenses by citation: There were 99,000 citations written; of those citations, Anchorage wrote 32,000. That's approximately 32 percent. The Alaska State Troopers wrote 31,000 of those. So between the two - collectively between the troopers and the Anchorage Police Department - there's no question that those two agencies bring in the most. But just for the record - since I do have the citations, by offense, here in front of me - 32 percent of those dollars came directly from Anchorage." Number 2288 ANNE CARPENETI, Assistant Attorney General, Legal Services Section- Juneau, Criminal Division, Department of Law, noted that the bill deals with Title 12 and not much with criminal law. That morning, she had spoken with Marilyn May, Assistant Attorney General, who is the head of Collections and Support, Civil Division (Anchorage), Department of Law. Ms. May is in charge of collecting money from people who don't pay in the courthouse, and they must try to track those people down. Ms. Carpeneti informed members she had asked Ms. May to write a letter to the committee outlining the problems with the current and proposed surcharges, and possible solutions. Number 2369 MS. CARPENETI advised members of a minor issue with HB 261. On page 2, line 18, it is a little confusing. It establishes a surcharge of $85 for a felony, and then it establishes a surcharge of $75 for drunk driving-type offenses. However, there is a felony in those DUI offenses. She suggested the committee might want to clarify whether the drunk driving felony should be under the $85 or the $75 surcharge. REPRESENTATIVE ROKEBERG asked Mr. Shaw for verification that his testimony had been that 32 percent of the citations were written by the APD, and approximately the same amount by the troopers. MR. SHAW replied, "Yes, that's true." TAPE 98-6, SIDE A Number 0006 REPRESENTATIVE ROKEBERG said state citations are not the Municipality of Anchorage citations; therefore, there should be a greater amount of money coming from Anchorage if that testimony is correct. Number 0032 MR. SHAW responded, "We get a check every three months from the Municipality of Anchorage. They send us a check directly; we sign it back to the general fund. With the state citations, which -- that 99,000 number I gave you are total citations, both municipal and state, that are put into the APSIN [Alaska Public Safety Information Network] system." Number 0099 REPRESENTATIVE CROFT said he was confused. He asked, "The 32 percent, approximately, Municipality of Anchorage, 32 percent troopers and another third, everybody else?" MR. SHAW said yes. Number 0123 CHAIRMAN GREEN said now he was confused; he was of the opinion that of the 99,000 total, 32 percent are from Anchorage. Number 0143 MR. SHAW said that is true. Number 0152 REPRESENTATIVE BERKOWITZ said now he was confused. He asked, "The 32 percent Anchorage, is that Municipality of Anchorage? That's APD stops, as opposed to APD or -- another 32 percent was trooper stops within the municipality, like on the Glenn [Highway] or on the Seward [Highway], anywhere?" MR. SHAW said no. The state trooper citations are statewide. The Anchorage citations are within the Municipality of Anchorage. "We don't count Palmer or Wasilla," he added. REPRESENTATIVE BERKOWITZ asked whether that is a combination of APD and troopers. Number 0188 MR. SHAW replied, "The 66 percent, roughly, that's an affirmative." Number 0198 REPRESENTATIVE ROKEBERG said the question is whether some of the state trooper citations are actually within the Municipality of Anchorage. MR. SHAW said yes. Number 0221 CHAIRMAN GREEN asked whether there were other questions. There being none, he announced that with the concurrence of the sponsor, he would hold HB 261 over. He noted that several concerns had been expressed, including that about the felony DUI. In addition, a letter would be coming within the next few days. Number 0264 REPRESENTATIVE DAVIS said that was fine with him. (HB 261 was held over.) CHAIRMAN GREEN advised members that HB 282 had been pulled off the calendar at the request of the sponsor. ADJOURNMENT Number 0350 CHAIRMAN GREEN adjourned the House Judiciary Standing Committee meeting at 2:42 p.m.

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