HB 170-REPEAL AUTHORITY FOR DAY FINES  9:45:00 AM CHAIR MENARD announced the consideration of HB 170. REPRESENTATIVE MIKE CHENAULT, Alaska State Legislature, said HB 170 repeals the authority for day fines, which were called for in HB 119 that passed in 1994. The court system created a committee to establish the fine schedule, but it found several problems with the implementation of the fine and recommended that the legislature solve the problems. Those problems included not knowing what misdemeanors were included; time delays associated with the judge making written findings; determining defendant income; conflicts with ordering substance abuse treatment; concerns over the levels of fines; and the time allowed to pay the fines. Legislation was introduced, but not passed, that addressed the court's issues with the day fines. Without the changes, courts cannot implement the day-fine provisions. Occasionally there is a law that doesn't work, and it is the duty of the legislature to eliminate it. 9:47:57 AM SENATOR FRENCH asked about the original intent of the bill's sponsor. Was it to create bigger fines and less jail time? TOM WRIGHT, Staff, to Representative Chenault, Alaska State Legislature, said the original bill was introduced by Representatives Foster and Ulmer. The intent was to rectify some problems, and the court made recommendations that never worked. SENATOR FRENCH said, "That was my read of their report. Their report back was sort of like a throwing up of their hands. We can't make this work unless the legislature takes more action. It's never happened." He prosecuted a lot of misdemeanors for six years, and he never saw a day fine imposed. They are sitting on the books taking up space. It is good to reduce the clutter. 9:49:36 AM SENATOR KOOKESH asked what a day fine is. MR. WRIGHT said there is a definition from 1993. Day fines are also called structured fines or unit fines. They are immediate sanctions that allow the court to fine an offender based on the type of offense and offender's ability to pay. It is based on a person's gross daily income. CHAIR MENARD said the word is misleading to the general public. DOUG WOOLIVER, Administrative Attorney, Alaska Court System, said the court doesn't take positions on substantive legislation, but it has no objection to removing a statute that hasn't ever worked. 9:51:28 AM SENATOR MEYER moved to report HB 170 from committee with individual recommendations and attached fiscal note(s). There being no objection, HB 170 moved out of committee.