HB 43-MUNI.ORDINANCES:POLICE TRAINING SURCHARGE Number 1283 REPRESENTATIVE DAVIS stated HB 43 is intended to be a housecleaning measure to HB 261 which increased the amount of crimes with surcharges. HB 43 is an attempt to correct and clarify how municipalities enact the surcharges. HB 43 clarifies that fines and penalties are to be imposed for criminal violations and not for civil violations. This legislation also clarifies how municipalities will impose the fines--an ordinance must be passed to authorize the collection of surcharges. CHAIRMAN TAYLOR expressed concern that surcharges used for training police officers in Anchorage and state troopers in Sitka will not be affected by this legislation. REPRESENTATIVE DAVIS responded the intent is not to divert funds. It is up to the Police Standards Council to distribute the money where it sees a need. SENATOR ELLIS asked if the Fairbanks North Star Borough opposed this legislation. REPRESENTATIVE DAVIS responded there had been a discussion on some of the wording, but he did not know its position. SENATOR ELLIS requested the committee ask for the Borough's position. MR. SCOTT BRANDT-ERICKSEN, Ketchikan Gateway Borough, stated Ketchikan feels this legislation is an improvement over the current law. He expressed concern about the interaction between the way municipal codes are constructed and the way surcharges are applied. Ketchikan's code provides a general penalty provision which says any violation can be subject to a fine up to $500.00 and up to 30 days imprisonment. Anchorage has a fine up to $300.00 and up to 30 days imprisonment or both, and Fairbanks' fine is up to $1000 and up to 90 days imprisonment or both. In Anchorage, for most violations imprisonment is not the penalty and a $10.00 surcharge is imposed, a fine of $50.00 is imposed for a misdemeanor seeking imprisonment. Other municipalities do not have codes as well developed and Mr. Brandt-Ericksen would like a distinction made between the $10.00 and $50.00 surcharges, as to when and how they are applied. Number 1993 CHAIRMAN TAYLOR clarified that Mr. Brandt-Ericksen would like to have the option of a $10.00 surcharge for cases not seeking incarceration. CHAIRMAN TAYLOR noted the committee does have a letter from the Fairbanks North Star Borough, and it would like to remain neutral on this legislation. CHAIRMAN TAYLOR commented that a simple formula may be needed to standardize surcharges so that one cannot charge a municipal $1000.00 surcharge when other communities are charging $500.00 for the same offense. SENATOR ELLIS asked if the Judiciary Committee was not the right committee for addressing Mr. Brandt-Ericksen's concern about the way surcharges are applied rather than sending the bill on to another committee. CHAIRMAN TAYLOR answered by saying the bill can be held if committee members would like more time to address the issue. MR. GERALD LUCKHAUPT, Legislative Council for the Division of Legal Services, stated language was put in the bill specifying the actual provision of the ordinance that specifies a penalty. The most equitable way of applying sanctions seem to be to use criminal sanctions rather than civil sanctions. To find an equitable system throughout the state, municipalities may need a penalty provision that applies penalties without a jail term. Ordinances can be amended to provide a fine resulting in a lesser surcharge. TAPE 00-03, SIDE B MR. BRANDT-ERICKSEN commented that he sees this legislation as an improvement over the current system, and more coordination between local legislation, practices and enforcement may be the most effective solution. SENATOR TORGERSON moved HB 43 from committee with individual recommendations and its accompanying fiscal note. Without objection, HB 43 moved from committee.