CSHB 261(FIN): "An Act relating to fines and to a surcharge imposed for violations of state or municipal law and to the Alaska police training fund."
00CS FOR HOUSE BILL NO. 261(FIN) 01 "An Act relating to fines and to a surcharge imposed for violations of state or 02 municipal law and to the Alaska police training fund." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.25.195 is amended by adding a new subsection to read: 05 (c) Disposition of an offense under (a) of this section may not occur unless the 06 person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition 07 to the scheduled bail or fine amount. The surcharge required to be paid under this 08 subsection shall be deposited into the general fund and accounted for under 09 AS 37.05.142. 10 * Sec. 2. AS 12.25.200(b) is amended to read: 11 (b) A citation issued under AS 12.25.180 must indicate 12 (1) the amount of bail or fine and the surcharge applicable to the 13 offense; 14 (2) the procedure a person must follow in responding to the citation;
01 (3) that if the person fails to pay the bail or fine the person must appear 02 in court; 03 (4) that failure to pay the bail or fine or appear in court for an offense 04 involving a moving motor vehicle may result in 05 (A) suspension of the person's driver's license, privilege to 06 drive, or privilege to obtain a license; or 07 (B) attachment of the person's permanent fund dividend to pay 08 the fine plus court and collection costs under AS 28.05.155; and 09 (5) that the person has a right to 10 (A) a trial; 11 (B) engage counsel; 12 (C) confront and question witnesses; 13 (D) testify; and 14 (E) subpoena witnesses on the person's behalf. 15 * Sec. 3. AS 12.55.035 is amended by adding a new subsection to read: 16 (f) In imposing a fine, the court may not reduce the fine by the amount of a 17 surcharge or otherwise consider the applicability of a surcharge to the offense. 18 * Sec. 4. AS 12.55.039(a) is amended to read: 19 (a) In addition to any fine or other penalty prescribed by law, a defendant who 20 pleads guilty or nolo contendere to, forfeits bail for, or is convicted of a 21 (1) felony shall be assessed a surcharge of $85; 22 (2) violation of a misdemeanor offense under AS 28.33.030, 23 28.33.031, AS 28.35.030, or 28.35.032, or a violation of a municipal ordinance 24 comparable to a misdemeanor offense under AS 28.33.030, 28.33.031, 25 AS 28.35.030, or 28.35.032 and adopted under AS 28.01.010, shall be assessed a 26 surcharge of $75; 27 (3) misdemeanor or a violation of a municipal ordinance if a 28 sentence of incarceration may be imposed for the misdemeanor or ordinance 29 violation, other than a provision identified in (2) of this subsection, shall be 30 assessed a surcharge of $45; 31 (4) violation or an infraction under state law or a midemeanor or
01 a violation of a municipal ordinance if a sentence of incarceration may not be 02 imposed for the misdemeanor or ordinance violation [OF A VEHICLE OR 03 TRAFFIC OFFENSE UNDER AS 28, A REGULATION ADOPTED UNDER AS 28, 04 OR A MUNICIPAL ORDINANCE UNDER AS 28.01.010] shall be assessed a 05 surcharge of 06 (A) $15 if the fine or bail forfeiture amount for the offense 07 is $30 or more; or 08 (B) $5 if the fine or bail forfeiture amount for the offense 09 is less than $30 10 [(1) $10 IF THE VIOLATION IS FOR OTHER THAN A VIOLATION 11 OF AS 28.15.291, AS 28.33.030, 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 12 28.35.060, OR A COMPARABLE MUNICIPAL ORDINANCE; OR 13 (2) $25 IF THE VIOLATION IS A VIOLATION OF AS 28.15.291, 14 AS 28.33.030, 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 28.35.060, OR A 15 COMPARABLE MUNICIPAL ORDINANCE]. 16 * Sec. 5. AS 18.65.225 is amended to read: 17 Sec. 18.65.225. Alaska police training fund. The Alaska police training fund 18 is created in the general fund. The fund consists of appropriations made by the 19 legislature to the fund. The legislature may appropriate to the fund the annual 20 estimated balance in the accounts maintained under AS 37.05.142 for money collected 21 under AS 12.25.195(c), AS 12.55.039 , [AND] AS 28.05.151 , and AS 29.25.072 . The 22 legislature may appropriate equal amounts from the fund to the (1) Department of 23 Public Safety for the Public Safety Training Academy, including Village Public Safety 24 Officers, and (2) Alaska Police Standards Council to provide training for the law 25 enforcement and corrections community of the state under AS 18.65.230. Nothing in 26 this section creates a dedicated fund. 27 * Sec. 6. AS 28.05.151(c) is amended to read: 28 (c) The supreme court shall require as a condition of the disposition of an 29 offense without appearance that a person charged with any offense for which a bail 30 forfeiture amount has been adopted shall pay the [A] surcharge prescribed in 31 AS 12.55.039 [OF $10] in addition to the bail forfeiture amount established by the
01 supreme court. The surcharge required to be paid under this subsection shall be 02 deposited into the general fund and accounted for under AS 37.05.142. 03 * Sec. 7. AS 29.10.200 is amended by adding a new paragraph to read: 04 (54) AS 29.25.072 (surcharge). 05 * Sec. 8. AS 29.25 is amended by adding a new section to read: 06 Sec. 29.25.072. Surcharge. (a) A municipality may not enforce an ordinance 07 for which a fine or imprisonment is prescribed as a penalty unless the municipality 08 authorizes the imposition of and provides for the collection of the surcharge required 09 to be imposed under AS 12.55.039. The surcharge shall be deposited into the general 10 fund of the state and accounted for under AS 37.05.142. 11 (b) This section applies to home rule and general law municipalities. 12 * Sec. 9. AS 29.25.075 is amended to read: 13 Sec. 29.25.075. Collection of penalties. The court may collect for a 14 municipality any monetary penalty or surcharge or item to be forfeited as a result of 15 the violation of an ordinance. The supreme court may prescribe by rule the fees to be 16 charged by all courts to municipalities for providing collection services under this 17 section. 18 * Sec. 10. Notwithstanding the requirements of AS 12.55.039(d) and AS 37.05.142 that 19 surcharges collected under AS 12.55.039 be accounted for separately, the Alaska Court System 20 shall deposit money collected under AS 12.55.039 in the general fund and shall, by February 1 21 of each year, provide to the Department of Administration, to the Legislative Budget and 22 Audit Committee, and to each house of the legislature an estimate of the money collected 23 under AS 12.55.039 for that fiscal year. 24 * Sec. 11. Section 10 of this Act is repealed on the earlier of (1) the date that the Alaska 25 Court System has the capability to separately track and account electronically for money 26 collected under AS 12.55.039, or (2) June 30, 2002. The executive director of the Alaska 27 Court System shall notify the lieutenant governor and the revisor of statutes when the 28 electronic capability described in this section has been obtained.