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.