03/11/1998 01:40 PM House FIN

HOUSE BILL NO. 261                                                             
                                                                               
"An Act relating to a surcharge imposed for violations                         
of state or municipal law and to the Alaska police                             
training fund."                                                                
                                                                               
Representative Davis provided members with Amendment 3 (copy                   
on file).  Co-Chair Therriault noted that Amendment 3                          
incorporates Amendment 2, which was offered on 3/9/98.                         
                                                                               
Representative Davis MOVED to ADOPT Amendment 3.  Amendment                    
3 clarifies that misdemeanors, which carry a small fine and                    
no jail time would be included with infractions.  Co-Chair                     
Therriault noted that "misdemeanor or" would be added on                       
page 2, line 28 and page 3, line 1.  "Or a misdemeanor"                        
would be added on page 2, line 28.  The amendment also                         
provides that fines or bail forfeitures of $30 dollars or                      
more would have a $15 dollar surcharge.  If the fine or bail                   
forfeiture is less than $30 dollars the surcharge would be                     
$5 dollars.                                                                    
                                                                               
There being NO OBJECTION, Amendment 3 was adopted.                             
                                                                               
Co-Chair Therriault noted that the Alaska Court System                         
submitted a new fiscal note for a onetime $5 thousand dollar                   
appropriation.  The Alaska Police Standards Council                            
submitted a new fiscal note, which deletes the prior year                      
carryover.                                                                     
                                                                               
Representative Foster MOVED to report CSHB 261 (FIN) out of                    
Committee with the accompanying fiscal notes.                                  
Representative Kohring OBJECTED.  He spoke against                             
increasing fees.  He acknowledged the importance of                            
supporting public safety.  He asserted that the surcharge is                   
the same as a tax.                                                             
                                                                               
JAMES WELCH, DEPUTY CHIEF, FAIRBANKS POLICE DEPARTMENT,                        
FAIRBANKS stressed the need for well-trained police officers                   
and state troopers.  He observed that a surcharge is the                       
only mechanism available to provide the high level of                          
training required for police officers throughout the state.                    
He noted that the Fairbanks police force is half of its                        
optimum size.  He stressed that the burden would be placed                     
on the person who uses the criminal justice system.  The                       
legislation is needed to meet today's training needs and the                   
training needs of the next five years.  A training center is                   
being developed for Interior Alaska.  He emphasized the need                   
to support this effort.                                                        
                                                                               
Representative Davies observed that it is not inappropriate                    
for those that are causing the problem to provide support.                     
                                                                               
A roll call vote was taken on the motion to move CSHB 261                      
(FIN) from Committee.                                                          
                                                                               
IN FAVOR: Moses, Davies, Davis, Grussendorf, Foster, Kelly,                    
Therriault                                                                     
OPPOSED: Kohring                                                               
                                                                               
Co-Chair Hanley and Representatives Martin and Mulder were                     
absent from the vote.                                                          
                                                                               
The MOTION PASSED (7-1).                                                       
                                                                               
Representative Kelly noted that it is better to tax the                        
individual, who because of their drunkenness has been                          
arrested, then to tax the industry.  He saw the legislation                    
as a user fee, not a tax.                                                      
                                                                               
CSHB 261 (FIN) was REPORTED out of Committee with a "do                        
pass" recommendation and with two fiscal impact notes, one                     
by the Department of Public Safety, Alaska Police Standards                    
Council and one by the Alaska Court System; and two zero                       
fiscal notes, one by the Department of Public Safety and one                   
by the Department of Administration, dated 3/4/98.