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 Gary Davis was invited to join the committee. He explained that legislation was passed in 1994, which established a surcharge on moving violations. This law would extend the surcharge to all violations and crimes committed in the State, both misdemeanors and felonies. Additionally, it increases the existing surcharge of $10 for moving violations to $15. The Alaska Police Standards Council is required to establish and maintaining training programs for police, probation, and parole and correction officers within the State. Currently upwards of $1.3 is being spent for these functions. He said his motivation for this bill was that it has the criminals that are causing the requirement for law enforcement around the State to assist in paying for their training. Senator Adams said he would support the legislation but he wanted to be able to watch how the municipalities were forwarding the surcharge to the State and how would that be tracked from the Court System. Representative Davis said this point had been addressed in length. The Court System was currently in the process of updating their computers so they can not only track surcharges but also the fines they collect. He noted a small fiscal note from the Court System so they could hire clerks to track and distribute the surcharges. Within two years the system should be up and running smoothly. In response to a query from Senator Parnell, Representative Davis said there was a section in the bill, which instructed the Court to not take note of the surcharge when assessing any other fines and fees. He said the surcharge was in addition to and without consideration for any other penalties and fines. Senator Parnell asked if the surcharge from tickets for the Alaska Police Standards Council was levelled of at approximately $400,000 and is not increasing? Representative Davis said he did not have any specific recollection of those dollar details, however, Laddie Shaw from the Alaska Police Standards Council was present and perhaps could provide an answer. He did say that up to approximately half a million dollars was about the maximum expected on the initial moving violation surcharge. Senator Parnell further asked if a felon is ordered to pay restitution of $10,000 and was making payments of $500/month how would that be divided up and administered including the surcharge? Representative Davis said that would be a matter for the Court System to deal with. He said that felonies would be a big question and there was no real estimate on the exact number amount. He said it was difficult for a felon to be in jail with an outstanding penalty of $20,000 to be paid. Senator Parnell stated that he would like to see the Courts pay restitution to victims first. LADDIE SHAW, Executive Director, Alaska Police Standards Council, Department of Public Safety was invited to join the committee. He concurred that approximately half a million dollars was about the maximum expected on the initial moving violation surcharge. Senator Parnell asked how the surcharge on restitution and CSED was to be treated. Mr. Shaw responded again that this would be up to the Court System and that the Court collected before anything or anyone else. However, the surcharge was collected first. Senator Donley said that he had been working closely with Representative Davis regarding this bill and noted for the committee that a new CS had been ordered. He explained modifications that would not increase the surcharge for traffic violations and a slight increase for misdemeanors and felonies. The State would give back something to municipalities who collect in their stead. Senator Phillips said he felt they would be less likely to get more money out of felons. Senator Donley further noted that he felt the $15 surcharge was excessive and should only be $10. Senator Adams at this point suggested moving the bill and making any amendments on the Senate Floor. Co-chair Sharp advised the committee that he would set this bill aside for today and they could come back to it, pending receipt of the new CS, tomorrow morning at 8:45 a.m. Representative Davis pointed out that there was an amendment in the House relating to any violations or citations up to $30. There would be no surcharge. He said they were also trying to eliminate parking tickets. Co-chair Sharp asked if that was the wording on page three, line five and Representative Davis indicated that was correct. Co-chair Sharp asked Senator Donley to continue to work closely with Representative Davis on this bill and will bring it back before the committee at 8:45 a.m. tomorrow. Co-chair Sharp then called HB 370. CS FOR HOUSE BILL NO. 261(FIN) am "An Act relating to fines and to a surcharge imposed for violations of state or municipal law and to the Alaska police training fund." Senator Donley advised Co-chair Sharp that he had an amendment for this bill. He said he had been working closely with Representative Gary Davis regarding amendment Senator Donley MOVED amendment #1. WITHOUT OBJECTION it was ADOPTED. Senator Donley MOVED SCS CSHB 261(FIN). WITHOUT OBJECTION it was REPORTED OUT with individual recommendations and fiscal notes: Alaska Police Standard Council, $573.5; Alaska Court System, $5.0; Department of Public Safety, Alaska State Troopers, zero; Department of Administration, Legal and Advocacy Services, zero. ADJOURNMENT Co-chair Sharp recessed the meeting until 8:45 a.m. tomorrow. SFC-98 -13- 4/28/98