HB 319: "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; creating the Alaska Police Standards Training Fund; and providing for an effective date."
00HOUSE BILL NO. 319 01 "An Act relating to the training of law enforcement and corrections officers; to 02 the establishment of surcharges to be assessed for violations of certain traffic 03 offenses; creating the Alaska Police Standards Training Fund; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that 07 (1) the Alaska Police Standards Council is an essential part of the law 08 enforcement training support network of the state and it warrants continued and predictable 09 support; 10 (2) rural and urban communities rely on dependable public safety protection; 11 (3) the law enforcement and corrections community of the state is greatly 12 strengthened by having a professionally trained network; and 13 (4) the safety of the public will be greatly improved by the establishment and 14 maintenance of an efficient training network for law enforcement and corrections officers.
01 (b) It is the purpose of this Act to 02 (1) enable the Alaska Police Standards Council to function in a manner that 03 enhances the performance and accountability of the council and the law enforcement and 04 corrections communities it serves; 05 (2) provide a stable funding source for law enforcement and corrections officer 06 training by establishing a surcharge to be assessed against violators of the traffic and motor 07 vehicle laws of the state. 08 * Sec. 2. AS 12.55 is amended by adding a new section to read: 09 Sec. 12.55.039. SURCHARGE. (a) In addition to any fine or other penalty 10 prescribed by law, a defendant who pleads guilty or nolo contendere to or is convicted 11 of a violation of a vehicle or traffic offense under AS 28, a regulation adopted under 12 AS 28, or a municipal ordnance under AS 28.01.010 shall be assessed a surcharge of 13 (1) $10 if the violation is for other than a violation of AS 28.35.030, 14 28.35.032, or a comparable municipal ordinance; or 15 (2) $25 if the violation is a violation of AS 28.35.030, 28.35.032, or 16 a comparable municipal ordinance. 17 (b) A court may not fail to impose the surcharge required under this section. 18 The surcharge may not be waived, deferred, or suspended. 19 (c) The surcharge shall be paid within 10 days of imposition or such shorter 20 period of time as ordered by the court. Failure to pay the surcharge is punishable as 21 contempt of court. Proceedings to collect the surcharge may be instituted by the state, 22 the municipality, or by the court on its own motion. 23 (d) Money collected under this section shall be deposited into the general fund 24 and accounted for under AS 37.05.142. 25 * Sec. 3. AS 18.65 is amended by adding a new section to read: 26 Sec. 18.65.225. ALASKA POLICE TRAINING FUND. The Alaska police 27 training fund is created in the general fund. The fund consists of appropriations made 28 by the legislature to the fund. The legislature may appropriate to the fund the annual 29 estimated balance in the account maintained under AS 37.05.142 for money collected 30 under AS 12.55.039 and AS 28.05.151. The legislature may make appropriations from 31 the fund to the Alaska Police Standards Council to provide training for the law
01 enforcement and corrections community of the state under AS 18.65.230. Nothing in 02 this section creates a dedicated fund. 03 * Sec. 4. AS 28.05.151 is amended by adding a new subsection to read: 04 (c) The supreme court shall require as a condition of the disposition of an 05 offense without appearance that a person charged with any offense for which a bail 06 forfeiture amount has been adopted shall pay a surcharge of $10 in addition to the bail 07 forfeiture amount established by the supreme court. The surcharge required to be paid 08 under this subsection shall be deposited into the general fund and accounted for under 09 AS 37.05.142. 10 * Sec. 5. APPLICABILITY. The surcharge required to be assessed and collected under 11 AS 12.55.039 and AS 28.05.151 applies only to offenses and violations occurring after 12 June 30, 1994. 13 * Sec. 6. This Act takes effect July 1, 1994.