05/01/1994 01:10 PM Senate FIN

  SCSCSHB 319(JUD):   An Act  relating to the training  of law                 
                      enforcement and corrections officers; to                 
                      the  establishment  of surcharges  to be                 
                      assessed  for   violations  of   certain                 
                      traffic  offenses;  allowing  defendants                 
                      who are  unable to pay the  surcharge to                 
                      perform  community  work;  creating  the                 
                      Alaska police  standards training  fund;                 
                      and providing for an effective date.                     
                                                                               
                      Representative Gail Phillips, sponsor of                 
                      HB  319,  testified  in  support of  the                 
                      bill.  SCSCSHB 319(JUD) was REPORTED out                 
                      of committee with a "do pass," and  with                 
                      zero fiscal notes for  the Department of                 
                      Law,  the  Department of  Public Safety,                 
                      and the Alaska Court System.                             
                                                                               
  SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD):                                
                                                                               
       An Act relating to the training of  law enforcement and                 
       corrections   officers;   to   the   establishment   of                 
       surcharges  to be  assessed  for violations  of certain                 
       traffic offenses; allowing defendants who are unable to                 
       pay the surcharge  to perform community  work; creating                 
       the  Alaska   police  standards   training  fund;   and                 
       providing for an effective date.                                        
                                                                               
  CO-CHAIR DRUE  PEARCE announced that  HB 319 was  before the                 
  committee and invited  Representative Gail Phillips, sponsor                 
  of the bill, to speak to the committee.                                      
                                                                               
  REPRESENTATIVE  PHILLIPS  said that  HB  319 would  do three                 
  things.  It would establish a police standards training fund                 
  within the  general fund, provide  a source of  receipts for                 
  the  training fund  paid for  by  the violations  of certain                 
  traffic offenses such as moving violations and driving while                 
  intoxicated,  and  allow  those  unable  to pay  to  perform                 
  community work.   It allowed the legislature  to appropriate                 
  each year for the training of law enforcement and correction                 
  officers  statewide  through  the  Alaska  Police   Training                 
  Council.  Training for law enforcement was sorely needed and                 
  in  too  many  instances  was  non-existent.    The  phrase,                 
  surcharge,  was used to avoid the  appearance of a dedicated                 
  fund and a  way for municipalities  and the court system  to                 
                                                                               
                                                                               
  account  for the  amount to  be transferred  from  the state                 
  treasury for training.  She asked that ten and twelve dollar                 
  increase in fines not be  misconstrued as a tax,  surcharge,                 
  user fee, etc.  since the legislature  did not set the  fine                 
  schedules.  The  Supreme Court and municipalities  raised or                 
  adjusted bail forfeiture  schedules and could do  so without                 
  giving the legislature  the opportunity to direct  where the                 
  increase would  be used and  for what purpose.   Anticipated                 
  receipts  on  only  the collectable  fines  would  amount to                 
  approximately $700,000  annually.   Delayed effective  dates                 
  would  allow  the  Court  System   to  implement  their  new                 
  accounting  system  and  to   amend  their  bail  forfeiture                 
  schedules to reflect  the proposed increase and  would allow                 
  municipalities adequate time to prepare in-house  accounting                 
  systems.                                                                     
                                                                               
  Representative  Phillips  went  on to  say  that  the Senate                 
  Judiciary Committee substitute  made one  change on page  3,                 
  lines 11-13,  where new  language was  added that said  "the                 
  legislature may appropriate  equal amounts from the  fund to                 
  the  Department  of  Public  Safety  for the  Public  Safety                 
  Training  Academy  and  to   the  Alaska  Police   Standards                 
  Council."    In  answer  to  Senator  Kelly,  Representative                 
  Phillips said she had no problem with the added language.                    
                                                                               
  SENATOR KERTTULA said that a fee is a fee is a fee and a tax                 
  is a  tax is  a tax.   Senator  Kelly  said "and  this is  a                 
  surcharge" to everyone's amusement.                                          
                                                                               
  SENATOR JACKO  MOVED for  passage of  SCSCSHB 319(JUD)  from                 
  committee  with  individual recommendations.    No objection                 
  being heard, SCSCSHB 319(JUD) was  REPORTED out of committee                 
  with a "do pass," and with  zero fiscal notes for the Alaska                 
  Court System,  the Departments  of Law,  and Public  Safety.                 
  Co-chairs Pearce and Frank, Senators Sharp, Kerttula, Jacko,                 
  Kelly, and Rieger signed a "do pass."