02/02/2000 01:36 PM Senate JUD

                                                                                                                                
        HB  43-MUNI.ORDINANCES:POLICE TRAINING SURCHARGE                                                                        
                                                                                                                                
Number 1283                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAVIS stated HB 43 is intended to be a housecleaning                                                             
measure to HB 261 which increased the amount of crimes with                                                                     
surcharges.  HB 43 is an attempt to correct and clarify how                                                                     
municipalities enact the surcharges.                                                                                            
                                                                                                                                
HB 43 clarifies that fines and penalties are to be imposed for                                                                  
criminal violations and not for civil violations.  This legislation                                                             
also clarifies how municipalities will impose the fines--an                                                                     
ordinance  must be passed to authorize the collection of                                                                        
surcharges.                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR expressed concern that surcharges used for training                                                             
police officers in Anchorage and state troopers in Sitka will not                                                               
be affected by this legislation.                                                                                                
                                                                                                                                
REPRESENTATIVE DAVIS responded the intent is not to divert funds.                                                               
It is up to the Police Standards Council to distribute the money                                                                
where it sees a need.                                                                                                           
                                                                                                                                
SENATOR ELLIS asked if the Fairbanks North Star Borough opposed                                                                 
this legislation.                                                                                                               
                                                                                                                                
REPRESENTATIVE DAVIS responded there had been a discussion on some                                                              
of the wording, but he did not know its position.                                                                               
                                                                                                                                
SENATOR ELLIS requested the committee ask for the Borough's                                                                     
position.                                                                                                                       
                                                                                                                                
MR. SCOTT BRANDT-ERICKSEN, Ketchikan Gateway Borough, stated                                                                    
Ketchikan feels this legislation is an improvement over the current                                                             
law.  He expressed concern about the interaction between the way                                                                
municipal codes are constructed and the way surcharges are applied.                                                             
Ketchikan's code provides a general penalty provision which says                                                                
any violation can be subject to a fine up to $500.00 and up to 30                                                               
days imprisonment.  Anchorage has a fine up to $300.00 and up to 30                                                             
days imprisonment or both, and  Fairbanks' fine is up to $1000 and                                                              
up  to 90 days imprisonment or both.                                                                                            
                                                                                                                                
In Anchorage, for most violations imprisonment is not the penalty                                                               
and a $10.00 surcharge is imposed, a fine of $50.00 is imposed for                                                              
a misdemeanor seeking imprisonment.  Other municipalities do not                                                                
have codes as well developed and Mr. Brandt-Ericksen would like a                                                               
distinction made between the $10.00 and $50.00 surcharges, as to                                                                
when and how they are applied.                                                                                                  
                                                                                                                                
Number 1993                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR clarified  that Mr. Brandt-Ericksen would like to                                                               
have the option of a $10.00 surcharge for cases not seeking                                                                     
incarceration.                                                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR noted the committee does have a letter from the                                                                 
Fairbanks North Star Borough, and it would like to remain neutral                                                               
on this legislation.                                                                                                            
                                                                                                                                
CHAIRMAN TAYLOR commented that a simple formula may be needed to                                                                
standardize surcharges so that one cannot charge a municipal                                                                    
$1000.00 surcharge when other communities are charging $500.00 for                                                              
the same offense.                                                                                                               
                                                                                                                                
SENATOR ELLIS asked if the Judiciary Committee was not the right                                                                
committee for addressing Mr. Brandt-Ericksen's concern about the                                                                
way surcharges are applied rather than sending the bill on to                                                                   
another committee.                                                                                                              
                                                                                                                                
CHAIRMAN TAYLOR answered by saying the bill can be held if                                                                      
committee members would like more time to address the issue.                                                                    
                                                                                                                                
MR. GERALD LUCKHAUPT, Legislative Council for the Division of Legal                                                             
Services, stated language was put in the bill specifying the actual                                                             
provision of the ordinance that specifies a penalty.  The most                                                                  
equitable way of applying sanctions seem to be to use criminal                                                                  
sanctions rather than civil sanctions.  To find an equitable system                                                             
throughout the state, municipalities may need a penalty provision                                                               
that applies penalties without a jail term.  Ordinances can be                                                                  
amended to provide a fine resulting in a lesser surcharge.                                                                      
                                                                                                                                
TAPE 00-03, SIDE B                                                                                                              
                                                                                                                                
MR. BRANDT-ERICKSEN commented that he sees this legislation as an                                                               
improvement over the current system, and more coordination between                                                              
local legislation, practices and enforcement may be the most                                                                    
effective solution.                                                                                                             
                                                                                                                                
SENATOR TORGERSON moved HB 43 from committee with individual                                                                    
recommendations and its accompanying fiscal note.  Without                                                                      
objection, HB 43 moved from committee.