04/30/1998 09:27 AM Senate FIN

HOUSE BILL 261                                                               
                                                                               
     "An Act relating to fines and to a surcharge imposed                      
     for violations of state or municipal law and to the                       
     Alaska police training fund."                                             
                                                                               
Co-chair Sharp  explained that the committee  had thought HB
 had  moved from  committee, but  more action  was needed                   
related to the fiscal note and an amendment.                                   
                                                                               
REPRESENTATIVE  MIKE DAVIS,  SPONSOR,  clarified that  there                   
had  been  no  misrepresentation  of  his  position  on  the                   
amendment,  which  was  neutral.   However,  review  of  the                   
implications of the amendment had  revealed problems. He had                   
spoken to  the Senator Donley,  the maker of  the amendment,                   
who agreed  that it would  be appropriate for  the committee                   
to review the bill again.                                                      
                                                                               
Representative Davis  detailed that the primary  concern was                   
as the amendment  related to Section 5 of  the bill; another                   
group that  the training  fund dollars could  be distributed                   
to had been  added. Existing wording in  the legislation had                   
indicated  that  the distribution  would  be  made in  equal                   
amounts  to the  different groups.  The amendment  therefore                   
diluted the  dollars that  would be  utilized by  the Alaska                   
Police  Standards Council  and the  academy by  providing an                   
equal distribution  to municipalities. He referred  to a new                   
amendment  before  the  committee  that  would  correct  the                   
problem, which  he supported. The new  amendment would allow                   
the   legislature  to   distribute   the  various   eligible                   
functions as it saw fit.                                                       
                                                                               
Senator Adams pointed out that the amendment was good.                         
                                                                               
LADDIE  SHAW,  DIRECTOR,  ALASKA POLICE  STANDARDS  COUNCIL,                   
provided  the  committee  with more  information  about  the                   
bill.  He   highlighted  that  the  council   had  statewide                   
responsibility as  a regulator agency for  over 50 municipal                   
departments, state  troopers, and  corrections; part  of the                   
reason  he  thought  the  bill  was  so  important  was  the                   
increased need  to support statewide basic  training as well                   
as in-service  training. For  example, in  FY 96  (the first                   
year the  initial surcharge went  into effect),  13 recruits                   
were supported;  in FY 98,  30 basic-training  recruits were                   
supported, and  a community corrections-officer  program was                   
initiated.  Projected   for  FY  2000,   responsibility  for                   
supporting the  Anchorage Police Academy would  be taken on,                   
and on  May 11, 1998,  the Fairbanks academy would  start up                   
with 15  officers in its  first class  (primarily supporting                   
the Interior  and Western regions). He  emphasized that over                   
100 officers would be supported in FY 2000.                                    
                                                                               
Mr. Shaw  described how officers were  trained. For example,                   
there was  an advanced criminal investigation  course put on                   
in  Anchorage; 74  officers participated,  32  of whom  were                   
from  Anchorage (43  percent).  Twenty-two departments  were                   
represented statewide at the one class.                                        
                                                                               
Senator Phillips MOVED to ADOPT Amendment 2.                                   
                                                                               
Co-chair Sharp detailed that the  amendment would delete the                   
equal amounts and make them subject to appropriation.                          
                                                                               
There being no OBJECTION, Amendment 2 was adopted.                             
                                                                               
Senator Phillips MOVED to ADOPT Amendment 3.                                   
                                                                               
Co-chair  Sharp explained  the amendment.  His only  concern                   
related to putting  the amount in the new section  on page 4                   
that  would  allow the  municipality  to  be reimbursed  for                   
collection   costs.  He   was   concerned  about   "creative                   
accounting"  that  could be  used  regarding  what could  be                   
deducted  or billed  to the  state for  collection fees.  As                   
long as  it was constitutionally  legal, he wanted a  cap on                   
reimbursement so that it did  not exceed 10 percent (or some                   
appropriate   number)  of   the   surcharge  collected   and                   
transmitted.                                                                   
                                                                               
Representative Davis stated  that he did not  have a problem                   
with Amendment  3. He  recalled that  Amendment 1  had added                   
the opportunity for municipalities  to charge for collection                   
of the  surcharges. He  questioned complications  that could                   
arise   in   the   future   regarding   collections,   which                   
municipalities  might want  to  charge for.  He thought  the                   
amendment would  protect the agencies  that the  money would                   
go to.                                                                         
                                                                               
Co-chair  Sharp   stated  that   he  definitely   wanted  to                   
reimburse reasonable  charges, as there  would be a  cost to                   
municipalities  to  do what  was  required.  He referred  to                   
conversation  with  the   municipalities  about  the  costs.                   
Representative  Davis understood  that  the Municipality  of                   
Anchorage had reported that there  would be hardly any cost;                   
they did not feel there was a need for a charge.                               
                                                                               
There being no OBJECTION, Amendment 3 was adopted.                             
                                                                               
Senator Phillips MOVED to REPORT  HB 261 from committee with                   
individual  recommendations and  the attached  fiscal notes.                   
There being no OBJECTION, it was so ordered.                                   
                                                                               
SCS CS HB 261(FIN) was REPORTED  out of committee with a "do                   
pass"  recommendation,  two  fiscal   impact  notes  by  the                   
Department of  Public Safety and  the Court System,  and two                   
zero impact  notes by  the Department  of Public  Safety and                   
the Department of Administration.