SCS 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."
00SENATE CS FOR CS 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 $100; 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 $50; 31 (4) violation or an infraction under state law or a misdemeanor 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 $10 if the fine or bail forfeiture amount for the offense is $30 or more 06 [(1) $10 IF THE VIOLATION IS FOR OTHER THAN A VIOLATION 07 OF AS 28.15.291, AS 28.33.030, 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 08 28.35.060, OR A COMPARABLE MUNICIPAL ORDINANCE; OR 09 (2) $25 IF THE VIOLATION IS A VIOLATION OF AS 28.15.291, 10 AS 28.33.030, 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 28.35.060, OR A 11 COMPARABLE MUNICIPAL ORDINANCE]. 12 * Sec. 5. AS 18.65.225 is amended to read: 13 Sec. 18.65.225. Alaska police training fund. The Alaska police training fund 14 is created in the general fund. The fund consists of appropriations made by the 15 legislature to the fund. The legislature may appropriate to the fund the annual 16 estimated balance in the accounts maintained under AS 37.05.142 for money collected 17 under AS 12.25.195(c), AS 12.55.039 , [AND] AS 28.05.151 , and AS 29.25.072 . The 18 legislature may make appropriations [APPROPRIATE EQUAL AMOUNTS] from 19 the fund to [THE] (1) the Department of Public Safety for the Public Safety Training 20 Academy, including Village Public Safety Officers, [AND] (2) the Alaska Police 21 Standards Council to provide training for the law enforcement and corrections 22 community of the state under AS 18.65.230 , and (3) municipalities that conduct 23 their own police training programs . Nothing in this section creates a dedicated fund. 24 * Sec. 6. AS 28.05.151(c) is amended to read: 25 (c) The supreme court shall require as a condition of the disposition of an 26 offense without appearance that a person charged with any offense for which a bail 27 forfeiture amount has been adopted shall pay the [A] surcharge prescribed in 28 AS 12.55.039 [OF $10] in addition to the bail forfeiture amount established by the 29 supreme court. The surcharge required to be paid under this subsection shall be 30 deposited into the general fund and accounted for under AS 37.05.142. 31 * Sec. 7. AS 29.10.200 is amended by adding a new paragraph to read:
01 (54) AS 29.25.072 (surcharge). 02 * Sec. 8. AS 29.25 is amended by adding a new section to read: 03 Sec. 29.25.072. Surcharge. (a) A municipality may not enforce an ordinance 04 for which a fine of $30 or more or imprisonment is prescribed as a penalty unless the 05 municipality authorizes the imposition of and provides for the collection of the 06 surcharge required to be imposed under AS 12.55.039. The surcharge shall be 07 deposited into the general fund of the state and accounted for under AS 37.05.142. 08 Subject to appropriation, the legislature may reimburse a municipality that collects a 09 surcharge required to be imposed under AS 12.55.039 for the cost to the municipality 10 in collecting the surcharge and transmitting the surcharge to the state. The 11 reimbursement may not exceed 10 percent of the surcharge collected and transmitted 12 to the state. 13 (b) This section applies to home rule and general law municipalities. 14 * Sec. 9. AS 29.25.075 is amended to read: 15 Sec. 29.25.075. Collection of penalties. The court may collect for a 16 municipality any monetary penalty or surcharge or item to be forfeited as a result of 17 the violation of an ordinance. The supreme court may prescribe by rule the fees to be 18 charged by all courts to municipalities for providing collection services under this 19 section. 20 * Sec. 10. Notwithstanding the requirements of AS 12.55.039(d) and AS 37.05.142 that 21 surcharges collected under AS 12.55.039 be accounted for separately, the Alaska Court System 22 shall deposit money collected under AS 12.55.039 in the general fund and shall, by February 1 23 of each year, provide to the Department of Administration, to the Legislative Budget and 24 Audit Committee, and to each house of the legislature an estimate of the money collected 25 under AS 12.55.039 for that fiscal year. 26 * Sec. 11. Section 10 of this Act is repealed on the earlier of (1) the date that the Alaska 27 Court System has the capability to separately track and account electronically for money 28 collected under AS 12.55.039, or (2) June 30, 2002. The executive director of the Alaska 29 Court System shall notify the lieutenant governor and the revisor of statutes when the 30 electronic capability described in this section has been obtained.