SB 23: "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and violations and authorizing disposition of estimated receipts from that surcharge; and creating the juvenile justice grant fund in order to provide financial assistance for the operation of youth courts."
00SENATE BILL NO. 23 01 "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and 02 violations and authorizing disposition of estimated receipts from that surcharge; 03 and creating the juvenile justice grant fund in order to provide financial 04 assistance for the operation of youth courts." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.25.195(c) is amended to read: 07 (c) Disposition of an offense under (a) of this section may not occur unless the 08 person cited for the offense pays the surcharges required to be imposed under 09 [SURCHARGE PRESCRIBED IN] AS 12.55.039 and 12.55.041 in addition to the 10 scheduled bail or fine amount. The surcharges [SURCHARGE] required to be paid 11 under this subsection shall be deposited into the general fund and accounted for under 12 AS 37.05.142. 13 * Sec. 2. AS 12.25.200(b) is amended to read: 14 (b) A citation issued under AS 12.25.180 must indicate
01 (1) the amount of bail or fine and each [THE] surcharge applicable to 02 the offense; 03 (2) the procedure a person must follow in responding to the citation; 04 (3) that if the person fails to pay the bail or fine the person must appear 05 in court; 06 (4) that failure to pay the bail or fine or appear in court for an offense 07 involving a moving motor vehicle may result in 08 (A) suspension of the person's driver's license, privilege to 09 drive, or privilege to obtain a license; or 10 (B) attachment of the person's permanent fund dividend to pay 11 the fine plus court and collection costs under AS 28.05.155; and 12 (5) that the person has a right to 13 (A) a trial; 14 (B) engage counsel; 15 (C) confront and question witnesses; 16 (D) testify; and 17 (E) subpoena witnesses on the person's behalf. 18 * Sec. 3. AS 12.55 is amended by adding a new section to read: 19 Sec. 12.55.041. Surcharge for misdemeanors and violations. (a) In addition 20 to a fine or other penalty prescribed by law, a defendant who pleads guilty or nolo 21 contendere to, forfeits bail for, or is convicted of an offense punishable as a 22 misdemeanor or of an infraction or violation, except the violation of a vehicle or traffic 23 offense under AS 28, a regulation adopted under AS 28, or a municipal ordinance 24 under AS 28.01.010, shall be assessed a surcharge of $25. 25 (b) A court may not fail to impose the surcharge required under this section. 26 The surcharge may not be waived, deferred, or suspended. A court may allow a 27 defendant who is unable to pay the surcharge required to be imposed under this section 28 to perform community work under AS 12.55.055(c) in lieu of the surcharge. 29 (c) The surcharge shall be paid within 10 days of imposition or such shorter 30 period of time as ordered by the court. Failure to pay the surcharge is punishable as 31 contempt of court. Proceedings to collect the surcharge may be instituted by the state,
01 by the municipality, or by the court on its own motion. 02 (d) Money collected under this section shall be deposited into the general fund 03 and accounted for under AS 37.05.142. 04 * Sec. 4. AS 29.25.074(a) is amended to read: 05 (a) A municipality may not enforce an ordinance for which a fine of $30 or 06 more or imprisonment is prescribed as a penalty unless the municipality authorizes the 07 imposition of and provides for the collection of the surcharges [SURCHARGE] 08 required to be imposed under AS 12.55.039 and 12.55.041 . The surcharges 09 [SURCHARGE] shall be deposited into the general fund of the state and accounted for 10 under AS 37.05.142. Subject to appropriation, the legislature may reimburse a 11 municipality that collects a surcharge required to be imposed under AS 12.55.039 or 12 12.55.041 for the cost to the municipality in collecting the surcharge and transmitting 13 the surcharge to the state. The reimbursement may not exceed 10 percent of the 14 surcharge collected and transmitted to the state. 15 * Sec. 5. AS 44.47 is amended by adding a new section to read: 16 Sec. 44.47.201. Juvenile justice grant fund. (a) There is created in the 17 department the juvenile justice grant fund. In addition to other appropriations to the 18 fund, the legislature may appropriate to the fund the annual estimated balance in the 19 account maintained under AS 37.05.142 for money collected under AS 12.55.041 and 20 may appropriate from the fund to the department to make grants to youth courts. 21 (b) Nonprofit corporations proposing to establish and operate youth courts 22 under AS 47.12.400 may apply to the department for a grant under (a) of this section. 23 A grant under this subsection must be matched on a dollar-for-dollar basis by the 24 grantee in cash or in kind. The commissioner may waive the match required under 25 this subsection on a showing satisfactory to the commissioner by the prospective 26 applicant that matching funds are not available. 27 (c) Grants made under (a) of this section shall be used 28 (1) to defray the costs of organization of youth courts under 29 AS 47.12.400; the department shall assure that the grant is spent for necessary 30 organizational assistance and that appropriate accounting procedures are maintained; 31 grants made under this paragraph may not exceed $30,000, and only one grant may be
01 made to a grantee under authority of this paragraph; and 02 (2) to defray the costs of operation of youth courts under AS 47.12.400. 03 * Sec. 6. Notwithstanding the requirements of AS 12.55.041 and AS 37.05.142 that 04 surcharges collected under AS 12.55.041 be accounted for separately, the Alaska Court System 05 shall deposit money collected under AS 12.55.041 in the general fund and shall, by February 1 06 of each year, provide to the Department of Administration, to the Legislative Budget and 07 Audit Committee, and to each house of the legislature an estimate of the money collected 08 under AS 12.55.041 for that fiscal year. 09 * Sec. 7. Section 6 of this Act is repealed on the earlier of (1) the date that the Alaska 10 Court System has the capability to separately track and account electronically for money 11 collected under AS 12.55.041, or (2) June 30, 2002. The executive director of the Alaska 12 Court System shall notify the lieutenant governor and the revisor of statutes when the 13 electronic capability described in this section has been obtained.