Sectional Analysis for House Bill 261

"An Act relating to surcharge imposed for violations of state or municipal law and to the Alaska police training fund"

Section 1: Adds a new subsection to AS 12.25.195, Disposition of Scheduled Offences, that requires payment of the surcharge prescribed in AS 12.55.039 before an offence may be disposed. Specifies that the surcharge paid will be deposited into the general fund and accounted for under AS 37.05.142, Accounting for Program Receipts.

Section 2: Amends AS 12.25.200, Form for Citations, subsection (b) to require that the amount of the surcharge applicable to the offense be indicated on the citation issued.

Section 3: Amends AS 12.55.039, Surcharge, subsection (a) by increasing the surcharge assessed and expanding the list of offenses for which surcharges may be charged.

Section 4: Amends AS 18.65.226, Alaska Police Training Fund, to include the surcharges collected under AS 12.25.195(c) and AS 29.25.072 in the amounts that may be appropriated to the fund

Section 5: Amends AS 28.05.151, Citations for Scheduled Vehicle and Traffic Offenses, to require that the surcharge prescribed in 12.55.039 be applied for offenses that do not require a court appearance.

Section 6: Amends AS 29.10.200, Limitation of Home Rule Powers, to include AS 29.25.072 (surcharge) in the list of limitations.

Section 7: Adds a new section to AS 29.25, Municipal Enactments, that states a municipality, including home rule and general law municipalities, may not enforce an ordinance for which a fine or imprisonment is prescribed unless that municipality authorizes and provides for the collection of the surcharge. It further states that the surcharge will be deposited into the general fund and accounted for under AS 37.05.142, Accounting for Program Receipts.

Section 8: Amends AS 29.25.075, Collection of Penalties, to allow courts to collect the surcharge for the municipality.