04/09/1999 01:05 PM House JUD

                                                                                                                                
HB 43 - MUNI. ORDINANCES:  POLICE TRAINING SURCHARGE                                                                            
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is HB 43, "An                                                                
Act relating to police training surcharges imposed for violations                                                               
of municipal ordinances."                                                                                                       
                                                                                                                                
Number 1881                                                                                                                     
                                                                                                                                
DEB DAVIDSON, Legislative Administrative Assistant to                                                                           
Representative Gary Davis, Alaska State Legislature, said last year                                                             
the legislature passed a bill that expanded the crimes for which                                                                
surcharges are imposed, and increased the amount of those                                                                       
surcharges to go to the Police Training Fund.  There is concern                                                                 
that part of the statute can be interpreted to apply to civil                                                                   
penalties as well as criminal violations.  There is also concern                                                                
that a municipality is not able to enforce an entire ordinance                                                                  
rather than just the penalty for a violation of an ordinance.  This                                                             
bill is a housekeeping effort to clarify those issues.  Section 1                                                               
more specifically states that only criminal violations have a                                                                   
surcharge imposed upon them.  Section 2 makes it very clear that a                                                              
penalty for a violation of an ordinance may not be imposed unless                                                               
the municipality has passed an ordinance to authorize it.                                                                       
                                                                                                                                
Number 1955                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Ms. Davidson whether she is aware of anyone in                                                              
the Kenai Legislative Information Office (LIO) wanting to testify.                                                              
He noted that there was a request from that office to accommodate                                                               
some people.                                                                                                                    
                                                                                                                                
MS. DAVIDSON replied she knows that the Kenai Peninsula Borough's                                                               
attorney was interested in testifying.  She is the one who                                                                      
originally brought the issue to Representative Davis.  She was                                                                  
going to try to be at the Kenai LIO in the event of questions.                                                                  
                                                                                                                                
Number 1984                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT called for a brief at-ease at 1:50 p.m. and called                                                                
the meeting back to order at 1:51 p.m.                                                                                          
                                                                                                                                
Number 2001                                                                                                                     
                                                                                                                                
LADDIE SHAW, Executive Director, Alaska Police Standards Council,                                                               
Department of Public Safety, testified in Juneau.  He declared his                                                              
support of HB 43.                                                                                                               
                                                                                                                                
Number 2051                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked Mr. Shaw to give some examples of                                                                 
misdemeanors where there aren't sentences of incarcerations that                                                                
could now have this surcharge.                                                                                                  
                                                                                                                                
Number 2063                                                                                                                     
                                                                                                                                
MR. SHAW replied reckless driving is an example.  There is such a                                                               
broad range of misdemeanors that he would have to look at                                                                       
specifics.                                                                                                                      
                                                                                                                                
Number 2093                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA said this is talking about the low-level                                                                
misdemeanors.                                                                                                                   
                                                                                                                                
MR. SHAW indicated yes.                                                                                                         
                                                                                                                                
Number 2124                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion to move HB 43 from the                                                                    
committee with individual recommendations and the attached fiscal                                                               
note(s).  There being no objection, HB 43 was so moved from the                                                                 
House Judiciary Standing Committee.