Chapter 65. Police Protection.
Sec. 18.65.010. Commissioner of public safety may appoint special officers. (a) The commissioner of public safety may appoint as special officers qualified police officers of the federal, state, or local government units or other persons with adequate police training over the age of 19 years, as the commissioner considers necessary to aid and assist the division of state troopers in the enforcement of the criminal laws of the state. Each special officer appointed serves without compensation and at the pleasure of the commissioner of public safety and appointments shall be of limited duration.
(b) Each person appointed as a special officer under this section may prevent crime, pursue and apprehend offenders, obtain legal evidence, institute criminal proceedings, execute warrants of arrest or search and seizure, or other criminal process issuing from any court of the state. A special officer may make arrests in the same manner as a member of the division of state troopers. The authority and duties conferred by this section may be exercised in each case only within the geographical limits determined by the commissioner of public safety.
(c) Each special officer shall carry identification issued by the commissioner of public safety and shall carry firearms in the manner the commissioner of public safety requires. Each person appointed shall take the constitutional oath of office. Persons appointed may hold other public or private employment.
(d) [Repealed, § 3 ch 6 SLA 1978.]
Sec. 18.65.020. Uniforms and equipment.
The state shall provide members of the state troopers with standard uniforms, vehicles, supplies, and equipment necessary to carry out the objects and purposes of AS 18.65.020 — 18.65.110. All of this property shall remain the property of the state.
Sec. 18.65.030. Establishment of stations and headquarters.
The commissioner of public safety shall establish stations and headquarters at the places and localities that are necessary for the enforcement of the laws. The state troopers may, with the approval of the governor, have the right to use land and buildings for the accommodation of its members, their vehicles, and equipment.
Sec. 18.65.040. Service without uniform.
The commissioner of public safety may direct a member to serve without wearing a uniform.
Sec. 18.65.050. Central information.
The Department of Public Safety shall make available central information on fingerprints, handwriting, ballistics, stains, and other evidence of crime.
Sec. 18.65.060. Peace officers to cooperate. [Repealed, § 4 ch 118 SLA 1994.]
Sec. 18.65.070. Destruction of department files a misdemeanor. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 18.65.080. Powers and duties of department and members of state troopers.
The Department of Public Safety and each member of the state troopers is charged with the enforcement of all criminal laws of the state, and has the power of a peace officer of the state or a municipality and those powers usually and customarily exercised by peace officers. Each member of the state troopers may prevent crime, pursue and apprehend offenders, obtain legal evidence, institute criminal proceedings, execute any lawful warrant or order of arrest, make an arrest without warrant for a violation of law committed in the presence of the state trooper, and may cooperate with other law enforcement agencies in detecting crime, apprehending criminals, and preserving law and order in the state.
Sec. 18.65.085. Narcotic drugs and alcohol enforcement.
(a) There is established in the Department of Public Safety, division of state troopers, a narcotic drugs and alcohol enforcement unit for the purpose of investigating and combating the illicit sale and distribution of narcotic drugs and alcoholic beverages in the state. Enforcement of the alcoholic beverage control laws shall focus primarily on the investigation, apprehension, and conviction of persons who violate AS 04.11.010 by selling, importing, or possessing alcoholic beverages in violation of a local option adopted by a municipality or established village under AS 04.11.491.
(b) The commissioner of public safety shall prepare a report concerning the activities of the narcotic drugs and alcohol enforcement unit. The commissioner shall notify the legislature on the first day of each regular session that the report is available. The report must include, but is not limited to, the number of arrests made, the kind, amount, and value of narcotic drugs and alcoholic beverages seized, the sentences received by narcotic drug and alcohol offenders, and an overall view of the narcotic drug and illicit alcohol problem in the state.
(c) The Department of Public Safety may establish and administer a reward program, and provide grants to municipalities, established villages, and, at the request of a municipality or established village, to a nonprofit association that administers a village public safety officer program, for reward programs leading to the apprehension and conviction of persons who violate AS 04.11.010 by selling, importing, or possessing alcoholic beverages in violation of a local option adopted by a municipality or established village under AS 04.11.491.
Sec. 18.65.086. Investigative unit on sexually abused and criminally exploited children.
(a) There is established in the Department of Public Safety, division of state troopers, a special unit for the purpose of investigating cases of repeated child sexual abuse and the criminal exploitation of children.
(b) The commissioner of public safety shall prepare, in odd-numbered years, a report concerning the activities of the special unit on repeated child sexual abuse and the criminal exploitation of children. The commissioner shall notify the legislature by the first day of each regular session in an odd-numbered year that the report is available. The report must include, but is not limited to, the number of arrests made in cases of repeated child sexual abuse and the criminal exploitation of children, the number of investigations that result in the Department of Health and Social Services taking temporary or permanent custody of the child, the sentences received by persons convicted in the state of child sexual abuse or criminal exploitation of a child, and an overall view of the problems of child sexual abuse and the criminal exploitation of children in the state.
(c) In this section,
(1) “child” means a person under 18 years of age at the time the alleged offense was committed by or against the person;
(2) “criminal exploitation of children” means the use of a child by an adult in a criminal manner for the personal gratification or profit of the adult;
(3) “repeated child sexual abuse” means conduct that is a criminal sexual offense against a child under AS 11 and that is committed against the child more than once or against more than one child.
Sec. 18.65.087. Central registry of sex offenders.
(a) The Department of Public Safety shall maintain a central registry of sex offenders and child kidnappers and shall adopt regulations necessary to carry out the purposes of this section and AS 12.63. A post of the Alaska state troopers or a municipal police department that receives registration or change of address information under AS 12.63.010 shall forward the information within five working days after receipt to the central registry of sex offenders and child kidnappers. Unless the sex offender or child kidnapper provides proof satisfactory to the department that the sex offender or child kidnapper is not physically present in the state or that the time limits described in AS 12.63.010 have passed, the Department of Public Safety may enter and maintain in the registry information described in AS 12.63.010 about a sex offender or child kidnapper that the department obtains from
(1) the sex offender or child kidnapper under AS 12.63;
(2) a post of the Alaska state troopers or a municipal police department under this subsection;
(3) a court judgment under AS 12.55.148, AS 26.05.890(g), 26.05.893(d), 26.05.900(d), or 26.05.935(d);
(4) the Department of Corrections under AS 33.30.012 or 33.30.035;
(5) the Federal Bureau of Investigation or another sex offender registration agency outside this state if the information indicates that a sex offender or child kidnapper is believed to be residing or planning to reside in the state or cannot be located;
(6) a criminal justice agency in the state or another jurisdiction;
(7) the department’s central repository under AS 12.62; information entered in the registry from the repository is not subject to the requirements of AS 12.62.160(c)(3) or (4);
(8) the Department of Military and Veterans’ Affairs; or
(9) another reliable source as defined in regulations adopted by the department.
(b) Information about a sex offender or child kidnapper that is contained in the central registry, including sets of fingerprints, is confidential and not subject to public disclosure except as to the sex offender’s or child kidnapper’s name, aliases, address, photograph, physical description, description of motor vehicles, license numbers of motor vehicles, and vehicle identification numbers of motor vehicles, place of employment, date of birth, crime for which convicted, date of conviction, place and court of conviction, length and conditions of sentence, and a statement as to whether the offender or kidnapper is in compliance with requirements of AS 12.63 or cannot be located.
(c) Notwithstanding (b) of this section, if a sex offender has been convicted in this state or another jurisdiction of a sex offense identified as “incest,” that offense may be disclosed under (b) of this section only as a “felony sexual abuse of a minor” conviction.
(d) The Department of Public Safety
(1) shall adopt regulations to
(A) allow a sex offender or child kidnapper to review sex offender or child kidnapper registration information that refers to that sex offender or child kidnapper, and if the sex offender or child kidnapper believes the information is inaccurate or incomplete, to request the department to correct the information; if the department finds the information is inaccurate or incomplete, the department shall correct or supplement the information;
(B) ensure the appropriate circulation to law enforcement agencies of information contained in the central registry;
(C) ensure the anonymity of members of the public who request information under this section;
(2) shall provide to the Department of Corrections and municipal police departments the forms and directions necessary to allow sex offenders and child kidnappers to comply with AS 12.63.010;
(3) may adopt regulations to establish fees to be charged for registration under AS 12.63.010 and for information requests; the fee for registration shall be based upon the actual costs of performing the registration and maintaining the central registry but may not be set at a level whereby registration is discouraged; the fee for an information request may not be greater than $10;
(4) shall remove from the central registry of sex offenders and child kidnappers under this section information about a sex offender or child kidnapper required to register under AS 12.63.020(a)(1)(B) at the end of the sex offender’s or child kidnapper’s duty to register if the offender or kidnapper has not been convicted of another sex offense or child kidnapping and the offender or kidnapper has supplied proof of unconditional discharge acceptable to the department; in this paragraph, “sex offense” and “child kidnapping” have the meanings given in AS 12.63.100.
(e) The name, address, and other identifying information of a member of the public who makes an information request under this section is not a public record under AS 40.25.100 — 40.25.295.
(f) When a sex offender or child kidnapper registers under AS 12.63, the Department of Public Safety shall make reasonable attempts to verify that the sex offender or child kidnapper is residing at the registered address. Reasonable attempts at verifying an address include sending certified mail, return receipt requested, to the offender or kidnapper at the registered address. The department shall make reasonable efforts to locate an offender or kidnapper who cannot be located at the registered address.
(g) The department, at least quarterly, shall compile a list of those persons with a duty to register under AS 12.63.010 who have failed to register, whose addresses cannot be verified under (f) of this section, or who otherwise cannot be located. The department shall post this list on the Internet and request the public’s assistance in locating these persons.
(h) The Department of Public Safety shall provide on the Internet website that the department maintains for the central registry of sex offenders and child kidnappers information as to how members of the public using the website may access or compile the information relating to sex offenders or child kidnappers for a particular geographic area on a map. The information may direct members to mapping programs available on the Internet and to Internet websites where information contained in the registry has already been converted to a map or geographic format.
(i) Notwithstanding (b) of this section, the department may provide a method for, or may participate in a federal program that allows, the public to submit an electronic or messaging address or Internet identifier and receive a confirmation of whether the address or identifier has been registered by a registered sex offender or child kidnapper.
Sec. 18.65.090. Department to assist other agencies.
The Department of Public Safety shall assist other departments of the state, municipal, and federal governments in the enforcement of criminal laws and regulations pertaining to those departments.
Sec. 18.65.100. Power to command assistance from others.
The Department of Public Safety and members of the state troopers may command the assistance of any able-bodied person to aid in accomplishing the purposes of AS 18.65.020 — 18.65.110, and when called, the person, during the time assistance is required, is considered a member of the state troopers and subject to AS 18.65.020 — 18.65.110.
Sec. 18.65.110. Members not to interfere with rights and property.
Members of the state troopers may not interfere with the rights or property of any person except in a lawful manner necessary for the prevention of crime or the capture and arrest of an offender.
Sec. 18.65.130. Policy.
The administration of criminal justice affects the health, safety, and welfare of the people of this state and requires education and training of a professional quality. It is a primary public interest that applicants meet minimum standards for employment as police officers, probation and parole officers, and correctional officers, and that criminal justice education and training be made available to police officers, probation and parole officers, and correctional officers serving in a probationary capacity and police officers, probation and parole officers, and correctional officers already in regular service. It is of secondary public interest to encourage the establishment of preliminary training programs for persons seeking to become police officers, probation and parole officers, and correctional officers. Application of standards for employment and making education and training available for municipal correctional officers is also in the public interest.
Sec. 18.65.140. Creation.
There is created in the Department of Public Safety the Alaska Police Standards Council.
Sec. 18.65.150. Composition of council.
The council consists of the following persons:
(1) four chief administrative officers or chiefs of police of local governments;
(2) the commissioner of public safety or a designee of the commissioner;
(3) the commissioner of corrections or a designee of the commissioner;
(4) two persons, each of whom has been certified for five years or more by the council under this chapter, one of whom serves as a police officer and one of whom serves as a probation officer, parole officer, municipal correctional officer, or correctional officer;
(5) one correctional administrative officer who is employed at the level of a deputy director or higher; and
(6) four members of the public at large with at least two from the communities of 2,500 population or less.
Sec. 18.65.160. Appointment.
The commissioner of public safety or a designee and the commissioner of corrections or a designee shall serve during each commissioner’s continuance in office. Other members of the council shall be appointed by the governor for staggered terms of four years, except that a member may not serve beyond the time the member holds the office that established eligibility for appointment. A vacancy on the council shall be filled for the remainder of a member’s unexpired term in the same manner as the original appointment.
Sec. 18.65.170. Chairman and vice chairman.
The council shall select its chairman and vice chairman annually.
Sec. 18.65.180. Holding another office.
Membership on the council does not disqualify a member from holding any other public office or employment.
Sec. 18.65.190. Compensation and expenses.
The members of the council receive no salary, but are entitled to per diem and travel expenses authorized by law for other boards and commissions.
Sec. 18.65.200. Meetings.
The council shall meet at least twice a year. The chairman shall set the time and place of the meeting, either on the chairman’s own motion or on written request by any three members of the council.
Sec. 18.65.210. Reports. [Repealed, § 12 ch 19 SLA 1981.]
Sec. 18.65.220. Powers.
The council has the power to
(1) adopt regulations for the administration of AS 18.65.130 — 18.65.290;
(2) establish minimum standards for employment as a police officer, probation officer, parole officer, municipal correctional officer, and correctional officer in a permanent or probationary position and certify persons to be qualified as police officers, probation officers, parole officers, municipal correctional officers, and correctional officers under AS 18.65.130 — 18.65.290;
(3) establish minimum criminal justice curriculum requirements for basic, specialized, and in-service courses and programs for schools operated by or for the state or a political subdivision of the state for the specific purpose of training police recruits, police officers, probation officers, parole officers, municipal correctional officers, and correctional officers; the curriculum requirements established under this paragraph must include training in
(A) recognizing persons with disabilities;
(B) appropriate interactions with persons with disabilities;
(C) resources available to persons with disabilities and to those interacting with persons with disabilities; and
(D) the requirements of 42 U.S.C. 12131 — 12165 (Title II of the Americans with Disabilities Act of 1990);
(4) consult and cooperate with municipalities, agencies of the state, other governmental agencies, universities, colleges, and other institutions concerning the development of police officer, probation officer, parole officer, municipal correctional officer, and correctional officer training schools and programs of criminal justice instruction;
(5) employ an administrator and other persons necessary to carry out its duties under AS 18.65.130 — 18.65.290;
(6) investigate when there is reason to believe that a police officer, probation officer, parole officer, municipal correctional officer, or correctional officer does not meet the minimum standards for employment; in connection with the investigation the council may subpoena persons, books, records, or documents related to the investigation and require answers in writing under oath to questions asked by the council or the administrator;
(7) charge and collect a fee of $50 for processing applications for certification of police, probation, parole, municipal correctional, and correctional officers;
(8) require a state and national criminal history record check for an applicant to a training program established in AS 18.65.230 and for a person to be certified as a police officer under AS 18.65.240 if that person’s prospective employer does not have access to a criminal justice information system.
Sec. 18.65.225. Alaska police training fund.
The Alaska police training fund is created in the general fund. The fund consists of appropriations made by the legislature to the fund. The legislature may appropriate to the fund the annual estimated balance in the accounts maintained under AS 37.05.142 for money collected under AS 12.25.195(c), AS 12.55.039, AS 28.05.151, and AS 29.25.074. The legislature may make appropriations from the fund to (1) the Department of Public Safety for the Public Safety Training Academy, including Village Public Safety Officers, (2) the Alaska Police Standards Council to provide training for the law enforcement and corrections community of the state under AS 18.65.230, and (3) municipalities that conduct their own police training programs. Nothing in this section creates a dedicated fund.
Sec. 18.65.230. Training programs; criminal history records check.
(a) The council shall establish and maintain police training programs, probation and parole officer training programs, and correctional training programs through those agencies and institutions that the council considers appropriate.
(b) To determine a person’s qualification for appointment as a police officer under AS 18.65.240, each person who applies for admittance to a basic program of police training established under this section shall submit to the council the person’s fingerprints along with the fee established in AS 12.62.160 unless the person’s fingerprints were previously submitted by the person’s prospective employer. The Department of Public Safety shall conduct a state criminal history record check and may submit the person’s fingerprints to the Federal Bureau of Investigation to obtain a national criminal history record check of the person under AS 12.62.400 for the purpose of evaluating the person’s qualifications for appointment as a police officer under AS 18.65.240.
Sec. 18.65.240. Standards.
(a) A person may not be appointed as a police officer, except on a probationary basis, unless the person (1) has satisfactorily completed a basic program of police training approved by the council, which includes at least 12 hours of instruction regarding domestic violence and at least 12 hours of instruction regarding sexual assault, as those terms are defined in AS 18.66.990, and (2) possesses other qualifications the council has established for the employment of police officers, including minimum age, education, physical and mental standards, citizenship, moral character, and experience. The council shall prescribe the means of presenting evidence of fulfillment of these requirements.
(b) Subject to (d) of this section, the council shall issue a certificate evidencing satisfaction of the requirements of (a) of this section to an applicant who satisfies those requirements or who satisfies the requirements of (a)(2) of this section and satisfactorily completes a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the council for approved police education and training programs in this state.
(c) The council may deny or revoke the certificate of a police officer who does not meet the standards adopted under (a)(2) of this section.
(d) The council may not issue a certificate under (b) of this section to an applicant unless the council determines that the applicant will undergo a national criminal history record check before employment as a police officer. If a prospective employer of a person seeking certification under this section does not have access to a criminal justice information system to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check, the prospective employer shall submit to the council the applicant’s fingerprints along with the fee established in AS 12.62.160. The council or prospective employer shall submit the fingerprints to the Department of Public Safety to request a national criminal history record check of the person for the purpose of evaluating the person’s qualifications for appointment as a police officer.
Sec. 18.65.242. Standards for municipal correctional, correctional, probation, and parole officers.
(a) The council shall establish qualifications for employment of persons as municipal correctional, correctional, probation, and parole officers, including
(1) minimum age, physical and mental standards, citizenship, moral character, and experience; and
(2) minimum education standards.
(b) The council shall
(1) prescribe the means of presenting evidence of fulfillment of the requirements set out in (a) of this section; and
(2) issue a certificate evidencing satisfaction of the requirements of (a) of this section to an applicant who
(A) satisfies the requirements of (a)(1) of this section; and
(B) meets the minimum education standards of (a)(2) of this section by satisfactorily completing a training program for municipal correctional, correctional, probation, or parole officers established under AS 18.65.230, including training regarding domestic violence that contains the subjects set out in AS 18.66.310(d), or a course of instruction in another jurisdiction equivalent in content and quality to that required by the council for approved municipal correctional, correctional, probation, or parole officer education and training programs in this state.
(c) In the evaluation of applicants against the mental standards developed under (a)(1) of this section, the council shall use evaluation methods that do not discriminate against applicants of different ethnic origins.
Sec. 18.65.245. Denial or revocation of certificate of municipal correctional, correctional, probation, or parole officer.
The council may
(1) deny a certificate to an applicant for a municipal correctional, correctional, probation, or parole officer certificate if the applicant does not meet the standards adopted by the council under AS 18.65.242(a);
(2) revoke the certificate of a municipal correctional, correctional, probation, or parole officer who, having been issued a certificate, fails to meet the standards adopted by the council under AS 18.65.242(a).
Sec. 18.65.248. Employment of correctional, probation, and parole officers.
(a) A person may not be appointed as a municipal correctional, correctional, probation, or parole officer unless the person has a valid certificate issued by the council under AS 18.65.242.
(b) The provisions of (a) of this section do not apply to a person employed on a probationary basis, except that employment on a probationary basis may not exceed the period authorized for probationary employment determined by the council.
Sec. 18.65.250. Financial assistance. [Repealed, § 24 ch 22 SLA 2001.]
Sec. 18.65.260. Grants.
(a) The council may accept donations of property, both real and personal, and grants of money from a governmental unit or public agency, or from an institution or person. All money received by the council under this section shall be deposited in the state treasury to the account of the council.
(b) The council shall provide for and administer a funding program authorized in (a) of this section. In the administration of the program the council shall promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs to avoid duplication.
Sec. 18.65.270. Applicability of Administrative Procedure Act.
AS 18.65.150 — 18.65.290 shall be administered in compliance with AS 44.62 (Administrative Procedure Act).
Sec. 18.65.280. Exemptions.
(a) The commissioner and deputy commissioner of public safety and the chief administrative officers of local police departments are exempt from the requirements of AS 18.65.240. However, a person appointed chief of a local police department after July 1, 1981, who performs any operational duties, shall meet the requirements of AS 18.65.240(a)(1).
(b) A political subdivision with an established police training program meeting the requirements of AS 18.65.220(2) and (3) may exclude itself from the requirements of AS 18.65.240 by ordinance. The exclusion has no effect on eligibility to receive federal or state grants.
Sec. 18.65.285. Municipal correctional employees.
A municipality that employs persons in a municipal correctional facility may, by ordinance, require that those persons meet the requirements of AS 18.65.130 — 18.65.290 that are applicable to municipal correctional officers.
Sec. 18.65.290. Definitions.
In AS 18.65.130 — 18.65.290,
(1) “chief administrative officer” means a chief of police or other official who is head of a police department in a political subdivision;
(2) “correctional facility” means a prison or jail owned, leased, or operated by the state that is designated by the commissioner of corrections for the custody, care, security, control, and discipline of prisoners;
(3) “correctional officer” means a person
(A) appointed by the commissioner of corrections whose primary duty under AS 33.30 is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; or
(B) employed in a correctional facility in this state whose primary duty is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses or held under authority of law;
(4) “council” means the Alaska Police Standards Council;
(5) “criminal justice information system” has the meaning given in AS 12.62.900;
(6) “municipal correctional officer” means a person who is employed full-time in a municipal correctional facility whose primary duty is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses or held under authority of law; and the municipality has adopted an ordinance under AS 18.65.285 making AS 18.65.130 — 18.65.290 applicable;
(7) “parole officer” means a person appointed by the commissioner of corrections or employed by a correctional facility in this state to perform the duties of supervising the parole of prisoners under AS 33.16;
(8) “police officer” means
(A) an employee of the state or a municipal police department with the authority to arrest and issue citations; detain a person taken into custody until that person can be arraigned before a judge or magistrate; conduct investigations of violations of and enforce criminal laws, regulations, and traffic laws; search with or without a warrant persons, dwellings, and other forms of property for evidence of a crime; and take other action consistent with exercise of these enumerated powers when necessary to maintain the public peace;
(B) an officer or employee of the Department of Transportation and Public Facilities who is stationed at an international airport and has been designated to have the general police powers authorized under AS 02.15.230(a);
(C) a University of Alaska public safety officer with general police powers authorized under AS 14.40.043;
(9) “probation officer” means a person appointed by the commissioner of corrections or employed by a correctional facility in this state to perform the duties of a probation officer under AS 33.05.
Sec. 18.65.310. Identification cards.
(a) Upon payment of a $15 fee, the department shall issue a card identical to the motor vehicle operator’s license provided for in AS 28.15.111, except that the card shall be of a different color and shall state in bold type letters across the face of it that it is for identification purposes only. Upon request of a person and upon payment of an additional $20 fee, the department may issue an identification card under this section that is federally compliant.
(b) A person may obtain an identification card provided for in (a) of this section by applying to the department on forms and in the manner prescribed by the department. The department shall include on the application for an identification card a requirement that the applicant indicate
(1) that the applicant understands the options for identification cards available at the time of issuance; and
(2) the type of identification card that the applicant selects.
(c) Any person who knowingly makes a fraudulent written statement or application for an identification card concerning age, race, sex, or other identifying characteristics as required by the department is guilty of a misdemeanor.
(d) It is a misdemeanor for any person to possess, use, produce, or manufacture a fraudulent identification card.
(e) It is a misdemeanor for a person to allow an identification card issued to that person to be used by any other person.
(f) A person who violates (c), (d), or (e) of this section is guilty of a misdemeanor punishable by a fine of $500 or 60 days in jail, or both.
(g) If the person applying for the identification card provided for in (a) of this section is 60 years of age or older, charge may not be made for issuance of the card.
(h) The department shall cancel the identification card of a person on whom a restriction has been imposed under AS 04.16.160 unless the person’s identification card contains the information required by (i) of this section. A cancellation under this subsection remains in effect only during the period of time that the person is restricted from purchasing alcoholic beverages under AS 04.16.160.
(i) The department shall, to the extent it is able, mark the identification card of an applicant who is restricted from purchasing alcoholic beverages under AS 04.16.160 in the same manner required for a driver’s license under AS 28.15.111. A person who has received a marked identification card under this subsection may apply for an unmarked card when the period of restriction under AS 04.16.160 has expired.
(j) The department shall charge a fee of $50 for issuance of a marked identification card under (i) of this section.
(k) An identification card issued to a person under 21 years of age expires 90 days after the person reaches 21 years of age.
(l) At the request of the person, the department shall provide a veteran designation and United States flag replica on an identification card identifying the person as a retired veteran, a veteran of the armed forces of the United States discharged under honorable conditions, or a Hmong veteran or Lao veteran who served in military operations in support of the United States in the Kingdom of Laos between February 28, 1961, and May 15, 1975. The department may not charge a fee solely for the designation. To receive a veteran designation, the person shall provide proof of veteran status that shows the person is retired, was discharged under honorable conditions, or is a Hmong veteran or Lao veteran. The department shall consult with the Department of Military and Veterans’ Affairs to determine the proof necessary to show that a person is a Hmong veteran or Lao veteran. With the approval of the person, the department shall make available to the Department of Military and Veterans’ Affairs the name and address of a person receiving a veteran designation under this subsection. Notwithstanding (a) of this section, the department may charge a fee of $5 for replacement of a valid identification card with a new identification card with a veteran designation.
(m) The department shall provide a method for a person to designate voluntarily on an identification card that the person has a disability, including a cognitive, mental, neurological, or physical disability, or a combination of those disabilities. The department shall create a discreet symbol to place on the identification card of a person requesting the designation. The method must provide a means by which the person may cancel the designation. The department may not charge a fee solely for the designation. To receive the designation, the person shall provide proof of the disability from a person licensed as a physician or physician assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced practice registered nurse under AS 08.68, or as a licensed psychologist under AS 08.86. Notwithstanding (a) of this section, the department may charge a fee of $5 for replacement of a valid identification card with a new identification card with a disability designation and may charge a fee of $5 for replacement of an identification card with a disability designation with a new identification card without a disability designation.
(n) The department shall adopt regulations for the issuance of identification cards that are federally compliant. For identification cards that are federally compliant, the department
(1) shall copy, scan, or retain only the minimum number of documents required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state or federal law, for issuance of an identification card that is federally compliant;
(2) shall destroy, regularly and as close as practicable to 15 years after the date of application unless otherwise required by another applicable state or federal law, any documents retained under (1) of this subsection; and
(3) may not copy, scan, or retain in any form a document that is not required to be retained under (1) of this subsection.
(o) The department shall continue to issue identification cards that are not federally compliant. Nothing in this section or regulations adopted under this section requires a person to be issued an identification card that is federally compliant. An applicant must clearly request an identification card that is federally compliant to obtain one. The state or a municipal government may not require a person to possess or use an identification card that is federally compliant unless the person is a state or municipal employee and the duties of the person’s job require the use of an identification card that is federally compliant. The state or a municipal government shall otherwise treat an identification card that is not federally compliant the same as an identification card that is federally compliant. For an identification card that is not federally compliant, the department
(1) shall retain an image of the face on the identification card for not more than 15 years after the date of application; if an applicant does not receive an identification card, the department may not retain an image of the applicant’s face;
(2) shall scan and retain only the minimum documents necessary for issuance of the identification card; the department shall destroy any documents retained one year after the identification card expires.
(p) An identification card expires on the person’s birthday in the eighth year following issuance of the identification card. An identification card may be renewed within one year of its expiration upon proper application and payment of the required fee. An identification card may be renewed by mail or on the department’s Internet website, except that an identification card may not be renewed by mail or on the department’s Internet website if the most recent renewal of the applicant’s identification card was by mail or on the department’s Internet website. Under regulations adopted by the department, the department may issue to a person an identification card with a duration of less than eight years if the person is authorized to stay in the United States for less than eight years or if the period of authorized stay is indefinite. The department shall issue the identification card for the period of the authorized stay. If the period of authorized stay is indefinite, the department shall issue the identification card with a validity of up to eight years.
(q) The department shall provide public information about the differences between identification cards and identification cards that are federally compliant. The department shall also provide the information to applicants for new and renewal identification cards at the time of application. At a minimum, the information must include a description of
(1) each type of identification card;
(2) the storage and sharing process for an applicant’s information for an identification card and an identification card that is federally compliant; and
(3) the official purpose and limitations on the use of each type of identification card, including a description of the purposes for which an identification card that is federally compliant may be required and a description of alternatives to using an identification card that is federally compliant to serve those purposes.
(r) In this section, “identification card that is federally compliant” means an identification card issued by the state that has been certified by the United States Department of Homeland Security to be in compliance with the requirements of P.L. 109-13, Division B (REAL ID Act of 2005).
Sec. 18.65.311. Anatomical gift.
(a) The department shall provide a method, at the time that an identification card is issued, by which the card holder may make an anatomical gift under AS 13.52. The method must provide a means by which the card holder may cancel the gift.
(b) An employee of the department who processes an identification card application, other than an application received by mail, shall ask the applicant orally whether the applicant wishes to execute an anatomical gift. The department shall, by placement of posters and brochures in the office where the application is taken, and by oral advice, if requested, make known to the applicant the method by which the cardholder may make an anatomical gift under AS 13.52. The department shall inform each applicant for an identification card in writing that, if the applicant executes a gift under AS 13.52 and if the gift is made with the registration, the department will transmit the information on the identification card to a donor registry created under AS 13.50.110. The department shall also direct the applicant to notify a procurement organization or the department under AS 13.50.140 if the identification card is destroyed or mutilated or the gift is revoked under AS 13.52.183. The department shall carry out the requirements of AS 13.50.100 — 13.50.190.
Sec. 18.65.320. Cancellation of identification card.
(a) The department shall cancel an identification card if the person receiving the card fails to give the required or correct information in the person’s application. Nothing in this section prohibits reapplication by the person or reissuance of the identification card.
(b) A person whose identification card has been cancelled shall return the card to the department. Failure to return a cancelled card within 10 days after receiving notice of the cancellation is a violation punishable by a fine of up to $100.
Sec. 18.65.330. Definition.
In AS 18.65.310 — 18.65.330, “department” means the Department of Administration.
Sec. 18.65.340. Disposal of firearms and ammunition by the state and municipalities.
(a) Except as provided by (b) of this section, the state and a municipality may only dispose of forfeited, surplus, or recovered but unclaimed firearms and ammunition by
(1) public sale not limited to firearms dealers;
(2) trade-in for credit in the purchase of a firearm;
(3) donation as provided by the regulations of the department or the ordinances of the municipality making the donation; or
(4) transfer to a state or municipal law enforcement agency.
(b) If state or federal law prohibits the sale of a particular surplus firearm under (a)(1) of this section, the department or municipality that is disposing of the surplus firearm shall
(1) sell the surplus firearm to a firearms dealer who has the appropriate federal license to buy the surplus firearm;
(2) donate the surplus firearm under (a)(3) of this section; or
(3) dismantle the surplus firearm, destroy those surplus firearm parts that cause the sale of the surplus firearm under (a)(1) of this section to be prohibited, and dispose of the other parts of the surplus firearm under (a) of this section.
(c) If a department disposes of a surplus firearm under (a)(2), (3), or (4) of this section, the department shall submit to the legislature each year during the legislature’s review of the department’s budget a report that lists the surplus firearms that the department has disposed of under (a)(2), (3), or (4) of this section during the previous calendar year. The report must include a description of each surplus firearm and, for each surplus firearm disposed of under
(1) (a)(2) of this section, the value of the firearm purchased and the value received for the surplus firearm; and
(2) (a)(3) or (4) or (b)(2) of this section, the identity of the governmental agency, the organization, or the individual to whom the surplus firearm was donated or transferred.
(d) All money collected from the disposal of surplus firearms may be used to fund gun safety education programs in the state.
(e) Notwithstanding AS 09.50.250 or another provision of law, the state, a municipality, and the officers, agents, and employees of the state or a municipality, are not liable to any person, including the purchaser of a surplus firearm or part of a surplus firearm, for personal injuries or damage to property as a result of the sale of a firearm or a part of a firearm under (a) of this section, unless the state or municipality conducts the sale with gross negligence or recklessness.
(f) In this section,
(1) “department” means a department of state government listed in AS 44.17.005(2) — (15);
(2) “firearm” does not include a firearm that has been used in a homicide;
(3) “surplus firearm” means a firearm or ammunition that is forfeited, surplus, or recovered but unclaimed.
Sec. 18.65.400. License as security guard.
A person may not be employed as a security guard or security guard agency until the person has obtained a license from the commissioner of public safety under AS 18.65.400 — 18.65.490.
Sec. 18.65.410. Applications.
(a) Application for a license as a security guard must be made on forms provided by the commissioner. The application must require the furnishing of information reasonably required by the commissioner to carry out the provisions of AS 18.65.400 — 18.65.490, including classifiable fingerprints and the fees required under AS 12.62.160 for criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 to determine if the applicant has a criminal record. The application must be accompanied by a nonrefundable application fee of $50 for a security guard and $200 for a security guard agency.
(b) Upon request, the commissioner shall provide a social security number provided under (a) of this section to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, for child support purposes authorized under law.
Sec. 18.65.420. Bonding and insurance.
As a condition to issuance of a license, the applicant or the applicant’s employer must furnish a bond or proof of a policy of insurance to protect the state and its residents from damages arising out of the acts of the licensee.
Sec. 18.65.430. Duration of license.
A security guard license issued under AS 18.65.400 — 18.65.490 is valid for a period of two years and may be renewed for additional two-year terms. A renewal fee of $50 shall be paid for each renewal.
Sec. 18.65.440. Revocation of license.
A security guard license issued under AS 18.65.400 — 18.65.490 is subject to revocation in accordance with AS 44.62 (Administrative Procedure Act) for the following reasons:
(1) false statements in an application issued under AS 18.65.400 — 18.65.490;
(2) violation of a provision of AS 18.65.400 — 18.65.490 or a regulation adopted under AS 18.65.450;
(3) conviction of a felony or a crime involving moral turpitude while licensed;
(4) knowing impersonation of a law enforcement officer; or
(5) knowingly continuing the employment of an individual as a security guard who has been convicted of a felony or a crime involving moral turpitude, or who has impersonated a law enforcement officer while employed by the licensee.
Sec. 18.65.450. Regulations.
The commissioner shall adopt regulations necessary to implement AS 18.65.400 — 18.65.490, including provisions specifying the amount of bond or insurance required and the types of uniforms, badges, and insignia that may be used.
Sec. 18.65.460. Exceptions to licensure.
An employer is not required to seek licensure for the employer’s employees who provide unarmed plant security on that employer’s premises.
Sec. 18.65.470. Firearms training.
Security guards licensed under AS 18.65.400 — 18.65.490 may not be armed with a firearm for the purpose of protecting property until they have completed firearms training acceptable to the commissioner.
Sec. 18.65.480. Penalty.
A violation of a provision of AS 18.65.400 — 18.65.490 or a regulation adopted under AS 18.65.450 is a misdemeanor and upon conviction is punishable by imprisonment for not more than 60 days, or by a fine of not more than $1,000, or by both.
Sec. 18.65.490. Definitions.
In AS 18.65.400 — 18.65.490,
(1) “commissioner” means the commissioner of public safety;
(2) “security guard” means a person in the business of being a private watchman, providing patrol services, or providing other services designed to prevent the theft, misappropriation, or concealment of goods, money, or valuable documents;
(3) “security guard agency” means a person in the business of furnishing for hire private watchmen, patrol services, or other services designed to prevent the theft, misappropriation, or concealment of goods, money, or valuable documents.
Sec. 18.65.500. Use of armed bodyguards.
A person who, in this state, hires another person to guard a person in this state with arms or deadly weapons, or a person who comes into this state armed with deadly weapons for the purpose of guarding a person, without a written permit from the commissioner of public safety, is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than 60 days, or by a fine of not more than $1,000, or by both.
Sec. 18.65.510. Domestic violence and sexual assault training.
(a) Each established police training program in the state shall provide training that acquaints police officers with
(1) laws relating to substantive crimes and rules of criminal procedure applicable in cases involving domestic violence and sexual assault;
(2) techniques for handling incidents of domestic violence and sexual assault that promote the safety of the victim and the officer and that reduce the likelihood of recurrence;
(3) the investigation and management of cases involving domestic violence and sexual assault, including the protocols under AS 18.68.020, and report writing for those cases;
(4) organizations in the state that offer aid or shelter to victims of domestic violence and sexual assault;
(5) procedures applicable in the prosecution of cases involving domestic violence and sexual assault;
(6) orders that may be issued by or filed with a court under AS 18.66.100 — 18.66.180;
(7) the notification to be given to victims of domestic violence under AS 18.65.520; and
(8) the subjects set out in AS 18.66.310(d).
(b) In providing a training program under this section, each agency or institution offering an established police training program shall consult with the Council on Domestic Violence and Sexual Assault and interested individuals and organizations providing assistance to victims of domestic violence and sexual assault.
(c) In this section, “sexual assault” has the meaning given in AS 18.66.990.
Sec. 18.65.515. Duties of peace officer in a crime involving domestic violence.
(a) A peace officer investigating a crime involving domestic violence shall protect the victim and any member of the victim’s family and prevent further violence by
(1) transporting an adult victim and any member of the victim’s family from the place of the offense or the place of contact, to a location within the community where the offense occurred that is a shelter, a safe home, or another location in the community requested by the victim;
(2) assisting the victim in removing from the residence essential items belonging to the victim, such as clothing, vehicles, medication, personal records, and legal documents;
(3) assisting the victim and any member of the victim’s family in obtaining medical treatment necessitated by the offense, by contacting emergency medical services or by transporting the victim to a local medical facility, if available in the community where the offense occurred; and
(4) providing notice of the rights of victims and services available to victims of domestic violence as provided in AS 18.65.520.
(b) If a peace officer investigating a crime involving domestic violence determines that it is necessary to protect the victim or the victim’s family from domestic violence or to protect the officer or the public during the investigation, the officer may (1) seize a deadly weapon in plain view of the officer, and (2) if a deadly weapon was actually possessed during or used in the domestic violence, seize all deadly weapons owned, used, possessed, or within the control of the alleged perpetrator. If the weapon is not needed as evidence in a criminal case, the law enforcement agency having custody of the weapon, within 24 hours of making the determination that the weapon is not needed as evidence in a criminal case, shall make the weapon available for pickup by the owner of the weapon during regular business hours.
Sec. 18.65.520. Notification to victims of domestic violence.
(a) A peace officer investigating a crime involving domestic violence shall orally and in writing inform the victim of the rights of victims of domestic violence and the services available to them. The notice must be in substantially the following form:
If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in providing for your safety, including asking for an emergency protective order. You may also request the officer to assist you in obtaining your essential personal belongings and locating and taking you to a safe place, including a designated meeting place or shelter, the residence of a household member or friend, or a similar place of safety. In some places in Alaska there are organizations that provide aid and shelter to victims of domestic violence. The nearest organization is located at _____________________________________. If you are in need of medical treatment, you may request that the officer assist you in obtaining medical treatment. You may obtain information about whether the prosecuting attorney will file a criminal complaint about the domestic violence. Additionally, the victim/witness assistance program of the Department of Law may be able to help you. This information is available from the district attorney’s office, which is located at _____________________________________. You also have the right to file a petition in court requesting a protective order that may include any of the following provisions:
(1) prohibit your abuser from threatening to commit or committing further acts of domestic violence;
(2) prohibit your abuser from stalking, harassing, telephoning, contacting, or otherwise communicating with you, directly or indirectly;
(3) remove your abuser from your residence;
(4) order your abuser to stay away from your residence, school, place of employment, or any other specified place frequented by you or another designated household member;
(5) prohibit your abuser from entering your vehicle or a vehicle you occupy;
(6) prohibit your abuser from using or possessing a deadly weapon if the court finds your abuser was in the actual possession of or used a weapon during the commission of your abuse;
(7) direct your abuser to surrender any firearm owned or possessed by that person if the court finds your abuser was in the actual possession of or used a firearm during the commission of your abuse;
(8) request a peace officer to accompany you to your residence to ensure your safe possession of the residence, vehicle, or other items, or to ensure your safe removal of personal items from the residence;
(9) award temporary custody of a minor child to the petitioner and may arrange for visitation with a minor child if the safety of the child and the petitioner can be protected;
(10) grant you possession and use of a vehicle and other essential personal items, including a pet, regardless of the ownership of those items;
(11) prohibit your abuser from consuming controlled substances;
(12) require your abuser to pay support for you, a minor child in your care, or a pet in your care if there is an independent legal obligation of your abuser to support you, the child, or the pet;
(13) require your abuser to reimburse you for your expenses caused by domestic violence, including medical bills, or for your costs in getting a protective order;
(14) order your abuser to participate in an intervention program for batterers; and
(15) other relief the court determines to be necessary for your safety.
The forms you need to obtain a protective order are available from the nearest court. It is not necessary to have an attorney to obtain a protective order, but you may consult an attorney if you choose. If you would like help obtaining a protective order, you may contact the nearest domestic violence program located at _____________________________________. The program can also tell you about other resources available in this community for information about domestic violence, treatment of injuries, and places of safety and shelter. You may also qualify for compensation from the Violent Crimes Compensation Board. The board may be contacted at _____. (b) If the victim of domestic violence does not understand English, the police officer shall make reasonable efforts to inform the victim of the services and rights specified in (a) of this section in a language the victim understands.
(c) [Repealed, § 72 ch 64 SLA 1996.]
Sec. 18.65.530. Mandatory arrest for crimes involving domestic violence, violation of protective orders, and violation of conditions of release.
(a) Except as provided in (b) or (c) of this section, a peace officer, with or without a warrant, shall arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer, within the previous 12 hours,
(1) committed domestic violence, except an offense under AS 11.41.100 — 11.41.130, whether the crime is a felony or a misdemeanor;
(2) committed the crime of violating a protective order in violation of AS 11.56.740(a)(1) or (2);
(3) violated a condition of release imposed under AS 12.30.016(e) or (f) or 12.30.027.
(b) If a peace officer receives complaints of domestic violence from more than one person arising from the same incident, the officer shall evaluate the conduct of each person to determine who was the principal physical aggressor. If the officer determines that one person was the principal physical aggressor, the other person or persons need not be arrested. In determining whether a person is a principal physical aggressor, the officer shall consider
(1) prior complaints of domestic violence;
(2) the relative severity of the injuries inflicted on each person;
(3) the likelihood of future injury from domestic violence to each person; and
(4) whether one of the persons acted in defense of self or others.
(c) A peace officer is not required to make an arrest of a person under (a) of this section if the officer has received authorization from a prosecuting attorney in the jurisdiction in which the offense under investigation arose
(1) not to arrest the person; or
(2) to deliver the person to a crisis stabilization center or an evaluation facility as provided in AS 12.25.031(b).
(d) When investigating a crime involving domestic violence, a peace officer may not threaten or suggest the possible arrest of all persons involved in the same incident in a manner that would have a tendency to discourage requests for intervention by law enforcement in incidents involving domestic violence.
(e) In addition to the contents of any other report, a peace officer who does not make an arrest after investigating a complaint of domestic violence, or who arrests two or more persons based on the same incident, shall describe in writing the reasons for not making an arrest or for arresting more than one person.
(f) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
(g) A peace officer who delivers a person to a crisis stabilization center or evaluation facility under (c) of this section shall provide the peace officer’s contact information to the crisis stabilization center or evaluation facility and, if the peace officer is notified under AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to inform the victim of a crime committed under (a)(1) or (2) of this section of the planned release.
Sec. 18.65.540. Central registry of protective orders.
(a) The Department of Public Safety shall maintain a central registry of protective orders issued by or filed with a court of this state under AS 13.26.450 — 13.26.460, AS 18.65.850 — 18.65.870, or AS 18.66.100 — 18.66.180. The registry must include, for each protective order, the names of the petitioner and respondent, their dates of birth, and the conditions and duration of the order. The registry shall retain a record of the protective order after it has expired.
(b) A peace officer receiving a protective order from a court under AS 13.26.450, 13.26.455, AS 18.65.850 — 18.65.855, or AS 18.66.100 — 18.66.180, a modified order issued under AS 13.26.460, AS 18.65.860, or AS 18.66.120, or an order dismissing a protective order shall take reasonable steps to ensure that the order, modified order, or dismissal is entered into the central registry within 24 hours after being received.
(c) A petitioner or respondent who is the subject of a protective order may request the Department of Public Safety to correct information about the order in the central registry. The person requesting the correction has the burden of proving that the information is inaccurate or incomplete. The person may appeal an adverse decision to the court under applicable court rules for appealing the decision of an administrative agency. On appeal, the appellant has the burden of showing that the department’s action was an abuse of discretion. An appeal filed under this subsection may not collaterally attack a protective order, challenge the grounds upon which the order was based, or challenge the evidence submitted in support of the order.
(d) The Department of Public Safety may adopt regulations to implement this section.
(e) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
Sec. 18.65.590. Definitions.
In AS 18.65.510 — 18.65.590,
(1) “domestic violence” has the meaning given in AS 18.66.990;
(2) “pet” means a vertebrate living creature maintained for companionship or pleasure, but does not include dogs primarily owned for participation in a generally accepted mushing or pulling contest or practice or animals primarily owned for participation in rodeos or stock contests.
Sec. 18.65.600. Missing persons information clearinghouse.
There is in the Department of Public Safety the missing persons information clearinghouse.
Sec. 18.65.610. Duties of missing persons information clearinghouse.
(a) The missing persons information clearinghouse is established as a central repository of information regarding missing persons.
(b) The clearinghouse shall
(1) establish within the state a system and appropriate procedures for communication of information regarding missing persons;
(2) collect, maintain, and disseminate accurate and complete information on missing persons for the purpose of identifying, locating, and returning them;
(3) provide for exchange of information on missing persons within the state;
(4) cooperate with private citizens, local law enforcement agencies, and other state and federal agencies in investigations concerning missing persons;
(5) provide training and assistance to law enforcement agencies to promote effective use of the clearinghouse.
Sec. 18.65.620. Duty of law enforcement agencies.
In addition to the requirements of AS 47.10.141 regarding reports of missing minors, a local or state law enforcement agency shall submit to the clearinghouse all missing person reports received by the law enforcement agency that relate to a person who is not located within 48 hours after the first report concerning that person was filed.
Sec. 18.65.630. Medical and dental records of missing persons.
(a) When a person files a report of a missing person with a law enforcement agency or with the clearinghouse, a form authorizing the release of medical and dental records to the law enforcement agency and to the clearinghouse shall be supplied to the family, next of kin, or legal guardian of the missing person. The family, next of kin, or legal guardian of the missing person may complete the release form and deliver the release form to the physician or dentist of the missing person. The physician or dentist who receives a release form signed by the family, next of kin, or legal guardian of the missing person shall release to the law enforcement agency and the clearinghouse only that information that is necessary to identify the missing person.
(b) When the family, next of kin, or legal guardian of a missing person cannot be located or does not exist, a law enforcement agency may execute a written declaration stating that an active investigation is being conducted and that medical and dental records are required for the exclusive purpose of furthering the investigation. Notwithstanding AS 40.25.120 and AS 17.30.155, the declaration signed by a peace officer under this subsection is sufficient authority for the physician or dentist to release information necessary to aid in the identification of the missing person. The physician or dentist may only release that information that is necessary to identify the missing person.
(c) Medical and dental records obtained under this section shall be provided to the clearinghouse.
(d) When a missing person is found, the law enforcement agency and the clearinghouse shall destroy all records in their files obtained under this section.
Sec. 18.65.640. Reports upon finding a missing person.
A person who has filed a missing person report with the clearinghouse or a law enforcement agency shall immediately notify the clearinghouse or the law enforcement agency when the location of the missing person is determined.
Sec. 18.65.650. Civil penalty.
The commissioner of public safety, or a person designated by the commissioner of public safety, may file a civil complaint in the district court to enforce AS 18.65.640. A person who fails to comply with AS 18.65.640 is subject to a civil fine of not more than $1,000.
Sec. 18.65.660. Definition.
In AS 18.65.600 — 18.65.660, “clearinghouse” means the missing persons information clearinghouse established in AS 18.65.600.
Sec. 18.65.670. Village public safety officers program.
(a) There is created in the Department of Public Safety a village public safety officer program to assist local governments and villages through nonprofit regional corporations, Alaska Native organizations, or municipalities to appoint, train, supervise, and retain persons to serve as village public safety officers to administer functions relative to
(1) the protection of life and property in rural areas of the state; and
(2) providing probation and parole supervision to persons under supervision by communicating with and monitoring the activities and progress of these persons at the direction of probation and parole officers.
(b) With funds appropriated for that purpose, the commissioner of public safety shall provide grants to nonprofit regional corporations and Alaska Native organizations for village public safety officers. If a nonprofit regional corporation for a rural area or Alaska Native organization declines a grant under this subsection, the commissioner may provide the grant to a municipality with a population of less than 10,000 willing to administer the grant for the rural area. Before awarding a grant to a municipality, the commissioner shall consult with the nonprofit regional corporation or Alaska Native organization that declined the grant. The commissioner of public safety shall coordinate with the commissioner of corrections when providing grants under this section, and the commissioners shall jointly execute an agreement with the nonprofit regional corporations, Alaska Native organizations, or municipalities, as appropriate.
(c) The commissioner of public safety may adopt regulations related to village public safety officers, including minimum standards and training, criteria for participation by a community, a municipality, an Alaska Native organization, or a corporation, and the interaction between the Department of Public Safety and village public safety officers. Regulations adopted by the commissioner of public safety under this subsection may not prohibit village public safety officers who otherwise meet minimum standards and training from carrying firearms. If the commissioner of public safety adopts regulations regarding training for village public safety officers, at a minimum, that training must include disability training that provides training in the subjects set out in AS 18.65.220(3). The commissioner of corrections may adopt regulations related to the functions of village public safety officers providing probation and parole supervision.
(d) [Repealed, § 30 ch 92 SLA 2004.]
(e) In this section,
(1) “Alaska Native organization” means an organization listed in AS 47.27.070(a);
(2) “rural area” means a community with a population of less than 1,000 within
(A) the unorganized borough; or
(B) a borough, if the community is not connected by road to Anchorage or Fairbanks.
Sec. 18.65.680. Regional public safety officers.
The commissioner of public safety may appoint regional public safety officers to
(1) provide an expanded public safety and law enforcement presence in rural areas of the state;
(2) provide oversight and training for the village public safety officer program;
(3) administer functions relating to
(A) protecting life and property in the rural areas of the state;
(B) conducting investigations;
(C) conducting search and rescue missions;
(D) conducting local training programs in drug and alcohol awareness and prevention, water safety, and gun safety;
(4) perform other duties relating to public safety as directed by the commissioner.
Sec. 18.65.700. Permit to carry a concealed handgun.
(a) The department shall issue a permit to carry a concealed handgun to a person who
(1) applies in person at an office of the Alaska State Troopers;
(2) qualifies under AS 18.65.705;
(3) submits on an application form approved by the department the information required under AS 18.65.705 and 18.65.710; the department shall post on the department’s website the state laws and regulations relating to concealed handguns, which must include a concise summary of where, when, and by whom a handgun can be carried under state and federal law and shall, on request, mail a copy of the regulations and summary to an applicant or permittee;
(4) submits one complete set of fingerprints in the format approved by the department that is of sufficient quality so that the fingerprints may be processed; the fingerprints must be taken by a person, group, or agency approved by the department; the department shall maintain a list of persons, groups, or agencies approved to take fingerprints and shall provide the list to the public upon request; the fingerprints shall be used to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;
(5) submits evidence of successful completion of a handgun course as provided in AS 18.65.715;
(6) provides one frontal view color photograph of the person taken within the preceding 30 days that includes the head and shoulders of the person and is of a size specified by the department;
(7) shows a valid Alaska driver’s license or identification card at the time of application;
(8) does not suffer a physical infirmity that prevents the safe handling of a handgun; and
(9) pays the application fee required by AS 18.65.720.
(b) The department shall either approve or reject an application for a permit to carry a concealed handgun under (a) of this section within 30 days of receipt of the application. If the department has not received necessary fingerprint eligibility information from another agency by the end of this 30-day period, and the applicant is otherwise eligible, the department shall issue a conditional permit to the applicant subject to immediate revocation under the procedure provided in AS 18.65.740(a) — (c) if the fingerprint information subsequently discloses that the applicant is ineligible for a permit. The department shall notify the applicant in writing of the reason for a rejection.
(c) A person whose application is rejected under this section may appeal the rejection decision to the commissioner. A person may seek judicial review of the decision of the commissioner under AS 44.62.560 — 44.62.570.
(d) A permit issued under (a) of this section expires on the person’s birthday in the fifth year following issuance of the permit. The department may adjust the length of an initial permit so that a permit is not issued for a period of more than five years.
(e) The department shall issue a permit to carry a concealed handgun to an honorably retired peace officer of this state who applies for a concealed handgun permit within one year of the officer’s retirement and who satisfies the requirements of this subsection. To qualify for a permit under this subsection, an honorably retired peace officer must satisfy (a)(1) — (3) and (6) — (9) of this section and, unless the honorably retired peace officer has qualified with a handgun within five years of the officer’s retirement, must also satisfy (a)(5) of this section. The department may not require an honorably retired peace officer applying under this subsection to comply with (a)(4) of this section to receive a permit. The department shall issue the permit without submitting information to or receiving permit eligibility information from the Federal Bureau of Investigation. The department may adopt regulations to define an “honorably retired peace officer” and the evidence that must be submitted to establish eligibility under this subsection.
Sec. 18.65.705. Qualifications to obtain a permit.
A person is qualified to receive and hold a permit to carry a concealed handgun if the person
(1) is 21 years of age or older;
(2) is eligible to own or possess a handgun under the laws of this state and under federal law;
(3) is a resident of the state and has been for the 90 days immediately preceding the application for a permit;
(4) has not been convicted of two or more class A misdemeanors of this state or similar laws of another jurisdiction within the six years immediately preceding the application;
(5) is not now in and has not in the three years immediately preceding the application been ordered by a court to complete an alcohol or substance abuse treatment program; and
(6) has successfully completed a handgun course as provided in AS 18.65.715.
Sec. 18.65.710. Application for permit to carry a concealed handgun.
(a) The application for a permit to carry a concealed handgun must contain the following information:
(1) the applicant’s name, physical residence, mailing address, place and date of birth, physical description, including height, weight, race, hair color, and eye color, Alaska driver’s license or identification card number, and the city and state of each place the applicant has resided in the five years immediately preceding the application;
(2) a statement that the applicant qualifies under AS 18.65.705;
(3) a statement that the applicant has been furnished with a copy of the state laws and regulations relating to concealed handguns, has read those sections, and understands them;
(4) a statement that the applicant desires a permit to carry a concealed handgun for a lawful purpose, which may include self-defense;
(5) a statement by the applicant that all statements, answers, and attachments to the application are true and complete;
(6) a conspicuous warning that an applicant who supplies a false statement, answer, or document in connection with the application that the applicant does not believe to be true may be prosecuted for unsworn falsification in the second degree and, if found guilty, may be punished for violation of a class A misdemeanor, and that, in such cases, the permit shall be revoked and the applicant may be barred from any further application for a permit; and
(7) a statement that the applicant understands that a permit eligibility investigation will be conducted as a part of the application process, that this may involve computerized records searches, and that the applicant authorizes the investigation.
(b) An application under (a) of this section may not inquire of an applicant about, or require the submission of, information beyond that described in that subsection. As part of an application under (a) of this section, the department may not inquire of an applicant as to any firearms owned by the applicant.
Sec. 18.65.715. Demonstration of competence with handguns.
(a) An applicant for a permit to carry a concealed handgun shall provide a certificate of successful completion of a handgun course that is approved by the department. The handgun course must have been completed within the 12 months immediately preceding the application. The department shall approve a handgun course, including the personal protection course offered by the National Rifle Association, if the course tests the applicant’s
(1) knowledge of Alaska law relating to firearms and the use of deadly force;
(2) familiarity with the basic concepts of the safe and responsible use of handguns;
(3) knowledge of self-defense principles; and
(4) physical competence with a handgun.
(b) [Repealed, § 20 ch 1 SLA 1998.]
(c) The department may not require a certificate of competence submitted under this section to contain any specifically identifying information, including make, model, or serial number, of a handgun with which an applicant or permittee has demonstrated competence.
(d) The department shall maintain a list of approved courses and shall provide the list to the public upon request.
Sec. 18.65.720. Fees.
The department shall charge a nonrefundable fee for the processing of the application for and initial issuance of a permit, renewal of a permit, or replacement of a permit. The fees shall be set by regulation and must be based on the actual costs incurred by the department. However, the fee for the processing of an application and initial issuance of a permit may not exceed $99 and the fee for renewal of a permit or replacement of a permit may not exceed $30.
Sec. 18.65.725. Permit renewal.
(a) A permittee shall apply for renewal of a permit to carry a concealed handgun within 90 days before the expiration of the permit, on a renewal form approved by the department. The renewal form must include
(1) any change in the information originally submitted under AS 18.65.710;
(2) a statement that the person remains qualified to receive and hold a permit to carry a concealed handgun under AS 18.65.705;
(3) one frontal view photograph of the person taken within the preceding 30 days that includes the head and shoulders of the person and is of a size specified by the department;
(4) the renewal fee required under AS 18.65.720; and
(5) the warning listed in AS 18.65.710(a)(6).
(b) [Repealed, § 15 ch 94 SLA 2000.]
(c) A renewal of a permit to carry a concealed handgun submitted on or after the expiration date is subject to a late fee of $25. The department may not accept a renewal for a permit that is submitted more than 60 days after the expiration date of the permit. Nothing in this subsection prohibits the holder of an expired permit from applying for a new permit.
(d) A renewal form under (a) of this section may not inquire of a permittee about, or require the submission of, information beyond that described in (a) of this section.
(e) Notwithstanding AS 18.65.705(3), a permittee does not become ineligible to hold a permit, and need not return or surrender a permit, when ceasing to be a resident of the state, and the department may not require a permittee to return or surrender a permit because a permittee ceases to be a resident of the state. However, a permittee may not renew a permit if the permittee is not a resident of the state at the time of renewal.
(f) The department shall mail the permittee a notice of expiration by first class mail at least 90 days before expiration of the permit.
Sec. 18.65.730. Replacement of permit.
The department may replace a permit that the permittee certifies under oath has been lost, stolen, or destroyed, provided the permittee applies in person and
(1) provides one frontal view photograph of the permittee taken within the preceding 30 days that includes the head and shoulders and is of a size specified by the department;
(2) pays the replacement fee required under AS 18.65.720.
Sec. 18.65.735. Suspension of permit.
(a) The department shall immediately suspend a permit to carry a concealed handgun if a permittee becomes ineligible to hold a permit under AS 18.65.705.
(b) A person whose permit is suspended under this section shall immediately surrender the permit to the nearest peace officer. A peace officer receiving a permit under this section shall immediately forward the permit to the department.
(c) The department shall retain a permit suspended under this section until the permit is revoked or returned to the permittee.
Sec. 18.65.740. Revocation of permit; appeal.
(a) A permit to carry a concealed handgun shall be immediately revoked by the department when the permittee
(1) becomes disqualified to receive and hold a permit under AS 18.65.705;
(2) is convicted of two class A misdemeanors of this state or similar laws of another jurisdiction within a six-year period if at least one of the convictions occurs after the application;
(3) knowingly supplied a false or fraudulent answer, statement, or document, or made a material misstatement or omission, in connection with an application for a permit or renewal or replacement of a permit.
(b) A person whose permit is revoked under (a) of this section shall immediately surrender the permit to the nearest peace officer. A peace officer receiving a permit under this section shall immediately forward the permit to the department.
(c) A person whose permit is revoked under this section may appeal the revocation decision to the commissioner. A person may seek judicial review of the decision of the commissioner under AS 44.62.560 — 44.62.570.
(d) A person whose permit is revoked may not apply for a permit until at least five years after the revocation.
Sec. 18.65.745. No liability for issuance of permit or for training.
(a) The state, and its officers and employees, are not liable by virtue of having issued a permit to carry a concealed handgun for damage or harm caused by the permittee.
(b) A person who provides firearm training to a person who receives a permit under AS 18.65.700 — 18.65.790 is not liable for damage or harm caused by the permittee.
Sec. 18.65.748. Permit holders from other jurisdictions considered Alaska permit holders.
A person holding a valid permit to carry a concealed handgun from another state or a political subdivision of another state is a permittee under AS 18.65.700(b) for purposes of AS 18.65.755 — 18.65.765.
Sec. 18.65.750. Possession and display of permit. [Repealed, § 7 ch 62 SLA 2003.]
Sec. 18.65.755. Places where permittee may not possess a concealed handgun.
(a) A permittee may not possess a concealed handgun
(1) [Repealed, § 7 ch 62 SLA 2003.]
(2) anywhere a person is prohibited from possessing a handgun under state or federal law.
(b) [Repealed, § 20 ch 1 SLA 1998.]
(c) In addition to any other penalty provided by law, a person who violates this section is guilty of a class B misdemeanor.
Sec. 18.65.760. Misuse of a permit.
(a) The holder of a permit issued under AS 18.65.700 — 18.65.790 may not
(1) alter the permit;
(2) allow another person to use the permit;
(3) possess or display a suspended or revoked permit; or
(4) represent or display an expired permit as if the permit were valid, unless the holder has submitted a complete, timely renewal form under AS 18.65.725 and the renewal process has been delayed due to circumstances not under the control of the applicant; this paragraph does not require a holder to return or surrender a permit upon its expiration, nor may the department require a holder to return or surrender a permit upon its expiration.
(b) A person who violates (a)(1) — (3) of this section is guilty of a class A misdemeanor.
(c) A person who violates (a)(4) of this section is guilty of a violation and upon conviction may be punished by a fine of not more than $100.
Sec. 18.65.765. Responsibilities of the permittee.
(a) The holder of a permit issued under AS 18.65.700 — 18.65.790
(1) shall notify the department of a change in the permittee’s address within 30 days;
(2) shall immediately report a lost, stolen, or illegible permit to the department;
(3) shall immediately notify the department if the holder is no longer qualified to hold a permit under AS 18.65.705.
(b) A person who violates this section is guilty of a violation and upon conviction may be punished by a fine of not more than $100.
Sec. 18.65.770. Permits, applications, and other materials not public records.
Applications, permits, and renewals are not public records under AS 40.25.110 — 40.25.125 and may only be used for law enforcement purposes.
Sec. 18.65.775. Regulations; reciprocity agreements.
(a) The department shall adopt regulations to implement AS 18.65.700 — 18.65.790. This section does not delegate to the department the authority to regulate or restrict the issuing of permits beyond those provisions contained in AS 18.65.700 — 18.65.790.
(b) The department shall enter into reciprocity agreements with other states that have the legal authority to enter into such agreements so that permittees may carry concealed handguns in those other states.
Sec. 18.65.778. Municipal preemption.
A municipality may not restrict the carrying of a concealed handgun by permit under AS 18.65.700 — 18.65.790.
Sec. 18.65.780. Prohibition of possession of concealed handguns. [Repealed, § 15 ch 94 SLA 2000.]
Sec. 18.65.785. Procedure for local option elections. [Repealed, § 15 ch 94 SLA 2000.]
Sec. 18.65.790. Definitions.
In AS 18.65.700 — 18.65.790,
(1) “commissioner” means the commissioner of public safety;
(2) “competence” means the ability to place in a life size silhouette target
(A) seven out of 10 shots at seven yards;
(B) six out of 10 shots at 15 yards;
(3) “concealed handgun” means a firearm, that is a pistol or a revolver, and that is covered or enclosed in any manner so that an observer cannot determine that it is a handgun without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; however, “concealed handgun” does not include a shotgun, rifle, or a prohibited weapon as defined under AS 11.61.200;
(4) “department” means the Department of Public Safety;
(5) “permit” means a permit to carry a concealed handgun issued under AS 18.65.700 — 18.65.790.
Sec. 18.65.800. Possession of firearms in motor vehicles.
(a) Notwithstanding any other provision of law, the state, a municipality, or a person may not adopt or enforce a law, ordinance, policy, or rule that prohibits or has the effect of prohibiting an individual from possessing a firearm while that individual is within a motor vehicle or prohibiting an individual from storing a firearm that is locked in the individual’s motor vehicle while the motor vehicle is otherwise legally parked in or on state or municipal property or another person’s property. This section applies only to possession of a firearm by an individual who may legally possess a firearm under state and federal law.
(b) This section does not limit a person’s rights or remedies under any other law.
(c) The state, a municipality, or a person is not liable for any injury or damage resulting from the storage of a firearm in the vehicle of another individual in accordance with this section.
(d) Notwithstanding (a) of this section, an employer or its agent may prohibit the possession of firearms within a secured restricted access area, as defined in AS 29.35.145(e)(2), in a vehicle owned, leased, or rented by the employer or its agent or in a parking lot owned or controlled by the employer within 300 feet of the secured restricted access area that does not include common areas of ingress and egress open to the general public. The employer or its agent shall post conspicuous notice of the prohibition against possession of firearms at each entrance to the restricted access area and affected parking area.
Sec. 18.65.810. Execution of federal firearms forms.
(a) The chief administrative officer of a municipal police department for a person who resides in the municipality and the head of the Alaska state troopers for a person who resides in the state but does not reside in a municipality with a police department shall execute within 30 days federal firearms forms required to be submitted by the person as a transferee of a firearm if the person is qualified under state law to possess the firearm.
(b) In this section, “chief administrative officer” has the meaning given in AS 18.65.290.
Sec. 18.65.850. Protective orders for stalking and sexual assault.
(a) A person who reasonably believes that the person is a victim of stalking or sexual assault that is not a crime involving domestic violence may file a petition in the district or superior court for a protective order against a respondent who is alleged to have committed the stalking or sexual assault. A parent or guardian may file a petition on behalf of a minor.
(b) When a petition for a protective order is filed, the court shall schedule a hearing and provide at least 10 days’ notice to the respondent of the hearing and of the respondent’s right to appear and be heard, either in person or through an attorney. If the court finds by a preponderance of evidence that the respondent has committed stalking or sexual assault against the petitioner, regardless of whether the respondent appears at the hearing, the court may order any relief available under (c) of this section. The provisions of a protective order issued under this section are effective for one year unless earlier dissolved by the court.
(c) A protective order issued under this section may
(1) prohibit the respondent from threatening to commit or committing stalking or sexual assault;
(2) prohibit the respondent from telephoning, contacting, or otherwise communicating directly or indirectly with the petitioner or a designated household member of the petitioner specifically named by the court;
(3) direct the respondent to stay away from the residence, school, or place of employment of the petitioner, or any specified place frequented by the petitioner; however, the court may order the respondent to stay away from the respondent’s own residence, school, or place of employment only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition;
(4) order other relief the court determines to be necessary to protect the petitioner or the designated household member.
(d) If the court issues a protective order under this section, the court shall
(1) make reasonable efforts to ensure that the order is understood by the petitioner and by the respondent, if present; and
(2) have the order delivered to the appropriate local law enforcement agency for expedited service.
(e) A court may not deny a petition for a protective order solely because
(1) there is a lapse of time between an act of sexual assault and the filing of the petition;
(2) the stalking or act of sexual assault was the basis for a previous protective order; or
(3) a court previously found that the petitioner was a victim of stalking or sexual assault but declined to order relief under this section, if the petition alleges a change in circumstances since the court’s previous finding.
(f) Within 30 days before, or within 60 days after, the expiration of a protective order issued or extended under this section, a petitioner may petition the court for an extension of the protective order. The court shall schedule a hearing and provide at least 10 days’ notice to the respondent of the hearing and of the respondent’s right to appear and be heard, either in person or through an attorney. If the court finds that an extension of the provisions of the order is necessary to protect the petitioner from stalking or sexual assault, regardless of whether the respondent appears at the hearing, the court may extend the provisions of the order. An extension granted under this subsection is effective for one year unless earlier dissolved by court order. If the court grants an extension before the protective order expires, the extension takes effect on the day the protective order would have expired.
Sec. 18.65.855. Ex parte and emergency protective orders for stalking and sexual assault.
(a) A person who reasonably believes that the person is a victim of stalking or sexual assault that is not a crime involving domestic violence may file a petition under AS 18.65.850 and request an ex parte protective order. If the court finds that the petition establishes probable cause that the crime of stalking or sexual assault has occurred, that it is necessary to protect the petitioner from further stalking or sexual assault, and that the petitioner has certified to the court in writing the efforts, if any, that have been made to provide notice to the respondent, the court shall ex parte and without notice to the respondent issue a protective order. An ex parte protective order under this section may grant the protection allowed by AS 18.65.850(c). An ex parte protective order expires 20 days after it is issued unless dissolved earlier by the court at the request of either the petitioner or the respondent after notice and, if requested, a hearing. If the court issues an ex parte protective order, the court shall have the order delivered to the appropriate law enforcement agency for expedited service.
(b) A peace officer, on behalf of and with the consent of a victim of stalking or sexual assault that is not a crime involving domestic violence, may request an emergency protective order from a judicial officer. The request may be made orally or in writing based on the sworn statement of a peace officer, and in person or by telephone. If the court finds probable cause to believe that the petitioner is in immediate danger of stalking or sexual assault based on an allegation of the recent commission of stalking or sexual assault, the court ex parte shall issue an emergency protective order. An emergency protective order may grant the protection allowed by AS 18.65.850(c). An emergency protective order expires 72 hours after it is issued unless dissolved earlier by the court at the request of the petitioner. A peace officer who obtains an emergency protective order under this section shall
(1) place the provisions of an oral order in writing on a form provided by the court and file the written order with the issuing court by the end of the judicial day after the order is issued;
(2) provide a copy of the order to the petitioner; and
(3) serve a copy of the order on the respondent.
Sec. 18.65.860. Modification of protective orders for stalking and sexual assault.
(a) Either the petitioner or the respondent may request modification of a protective order issued under AS 18.65.850 or 18.65.855(a). If a request is made for modification of
(1) a protective order, after notice and hearing under AS 18.65.850, the court shall schedule a hearing within 20 days after the date the request is made, except that, if the court finds that the request is meritless on its face, the court may deny the request without a hearing; or
(2) an ex parte protective order under AS 18.65.855(a), the court shall schedule a hearing on three days’ notice or on shorter notice as the court may prescribe.
(b) If the court modifies a protective order under this section, the court shall issue a modified order and shall
(1) make reasonable efforts to ensure that the order is understood by the petitioner and by the respondent, if present at the hearing; and
(2) have the order delivered to the appropriate local law enforcement agency for expedited service.
Sec. 18.65.865. Service of process; forms for petitions and orders; fees; warnings; notification; and pending civil or criminal actions.
(a) Service of process of an order issued by the court under AS 18.65.850 — 18.65.860 shall be as provided in AS 18.66.160 for service of process of domestic violence protective orders.
(b) The Alaska Court System shall prepare forms for petitions and protective orders and instructions for their use by a person seeking a protective order under AS 18.65.850 — 18.65.860. The forms must conform to the Alaska Rules of Civil Procedure, except that information on the forms may be filled in by legible handwriting. Filing fees may not be charged in any action seeking only the relief provided in AS 18.65.850 – 18.65.870. Each protective order form must contain the following warning in boldface type: “Violation of this order may be a misdemeanor, punishable by up to one year of incarceration and a fine of up to $25,000.”
(c) The Department of Public Safety shall develop and make available to law enforcement agencies in the state a notice that details the rights of victims of stalking and sexual assault and the services available to them. The form must be similar to that provided to victims of domestic violence under AS 18.65.520. A peace officer investigating a stalking or sexual assault offense shall provide the form to the victim.
(d) In addition to other information required, a petition for a protective order must include a statement of pending civil and criminal actions involving either the petitioner or the respondent, if known. While a protective order is in effect or a petition for a protective order is pending, both the petitioner and respondent have a continuing duty to inform the court of pending civil and criminal actions involving either the petitioner or the respondent, if known.
Sec. 18.65.867. Enforcement and recognition of protective orders issued in other jurisdictions.
(a) A protective order issued in another jurisdiction has the same effect and must be recognized and enforced in the same manner as a protective order issued by a court of this state if the protective order is
(1) issued by a court of the United States, a court of another state or territory, a United States military tribunal, or a tribal court;
(2) related to stalking or sexual assault that is not a crime involving domestic violence; and
(3) entitled to full faith and credit under 18 U.S.C. 2265.
(b) A protective order issued in another jurisdiction that appears authentic on its face is presumed valid.
Sec. 18.65.870. Definitions.
In AS 18.65.850 — 18.65.870,
(1) “crime involving domestic violence” has the meaning given in AS 18.66.990;
(2) “household member” has the meaning given in AS 18.66.990;
(3) “sexual assault” has the meaning given in AS 18.66.990;
(4) “stalking” means a violation of AS 11.41.260 or 11.41.270.
Sec. 18.65.900. Use of unmanned aircraft systems.
Except as provided in AS 18.65.900 — 18.65.909, a law enforcement agency may not use an unmanned aircraft system.
Sec. 18.65.901. Operational requirements for unmanned aircraft systems.
(a) A law enforcement agency shall adopt procedures for the use of unmanned aircraft systems. The procedures adopted under this section must require, at a minimum, that the law enforcement agency
(1) obtain any authorization, permit, or certificate required by the Federal Aviation Administration to operate the unmanned aircraft system;
(2) allow the unmanned aircraft system to be operated only by unmanned aircraft system pilots and crew members who have been trained and certified in the operation of the unmanned aircraft system and only under the supervision of officials trained in the policies and procedures governing the use of the unmanned aircraft system;
(3) provide that the flight of an unmanned aircraft system be approved by the commissioner or deputy commissioner of public safety or the chief administrative officer of the law enforcement agency or the officer’s designee;
(4) ensure that the flight of an unmanned aircraft system be for a public purpose;
(5) maintain a record of each flight, including the time, date, and purpose of the flight, and the identity of the authorizing official;
(6) establish an auditable flight record system, including the documentation of a change in a flight time record;
(7) establish a method for notifying the public of the operation of an unmanned aircraft system, unless notifying the public would endanger the safety of a person;
(8) provide for community involvement in the development of the policies required in this section, including the consideration of public comment.
(b) In this section, “chief administrative officer” has the meaning given in AS 18.65.290.
Sec. 18.65.902. Use of an unmanned aircraft system by a law enforcement agency.
A law enforcement agency may use an unmanned aircraft system
(1) to gather evidence in a criminal investigation
(A) under the express terms of a search warrant issued by a court; or
(B) in accordance with a judicially recognized exception to the warrant requirement; or
(2) in situations and for uses not involving a criminal investigation and not intended to lead to the production of evidence for use in a criminal investigation, if the use does not constitute an unwarranted invasion of personal privacy and is consistent with the procedures in AS 18.65.901.
Sec. 18.65.903. Retention of images.
(a) A law enforcement agency may not retain images captured by an unmanned aircraft system unless retention of the image is required
(1) as part of an investigation or prosecution;
(2) for training purposes; or
(3) by federal or state law or by municipal ordinance.
(b) Images that may not be retained under (a) of this section are confidential and are not public records under AS 40.25.100 — 40.25.295.
Sec. 18.65.909. Definitions.
In AS 18.65.900 — 18.65.909,
(1) “law enforcement agency” has the meaning given in AS 12.36.090;
(2) “unmanned aircraft system” means an unmanned aircraft that is operated without direct human intervention from inside or on the aircraft and includes the associated support equipment, control station, data links, telemetry, communications, and navigation equipment necessary to operate the unmanned aircraft;
(3) “unmanned aircraft system crew member” means a person other than an unmanned aircraft system pilot who is assigned to duties related to an unmanned aircraft system during flight;
(4) “unmanned aircraft system pilot” means a person exercising control over an unmanned aircraft system during flight.
Chapter 66. Domestic Violence and Sexual Assault.
Sec. 18.66.010. Council on Domestic Violence and Sexual Assault; purpose. There is established in the Department of Public Safety the Council on Domestic Violence and Sexual Assault. The purpose of the council is to provide for planning and coordination of services to victims of domestic violence or sexual assault or to their families and to perpetrators of domestic violence and sexual assault and to provide for crisis intervention and prevention programs.
Sec. 18.66.020. Membership, terms, vacancies, and disqualification.
(a) The council consists of
(1) four public members appointed by the governor, one of whom shall be from a rural area; the governor may consult with the Alaska Network on Domestic Violence and Sexual Assault, a nonprofit corporation, in appointing the public members under this paragraph; the Alaska Network on Domestic Violence and Sexual Assault shall submit a list to the governor of persons recommended for appointment;
(2) the commissioner of public safety or the designee of the commissioner of public safety;
(3) the commissioner of health and social services or the designee of the commissioner of health and social services;
(4) the commissioner of education and early development or the designee of the commissioner of education and early development;
(5) the attorney general or the designee of the attorney general; and
(6) the commissioner of corrections or the designee of the commissioner of corrections.
(b) The term of office of a public member appointed under (a)(1) of this section is three years. A public member appointed under (a)(1) of this section serves at the pleasure of the governor and may not serve more than two consecutive terms. A vacancy on the council shall be filled for the unexpired term by appointment by the governor. The governor may consult with the Alaska Network on Domestic Violence and Sexual Assault on an appointment of a public member made under this subsection.
(c) A person who receives compensation from or is an employee of the State of Alaska or a domestic violence, sexual assault, or crisis intervention or prevention program may not be appointed as a public member of the council.
(d) In this section, “rural area” means a community with a population of 7,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 3,500 or less that is connected by road or rail to Anchorage or Fairbanks.
Sec. 18.66.030. Compensation and expenses.
The members of the council receive no salary but are entitled to transportation expenses and per diem in accordance with AS 39.20.180.
Sec. 18.66.040. Meetings and quorum.
The council shall meet at least four times a year. At least one meeting each year shall include a statewide public teleconference hearing. The time and place of a meeting shall be set by the presiding officer or by three members who submit a written request for a meeting to the presiding officer. Five members of the council constitute a quorum.
Sec. 18.66.050. Duties of the council.
The council shall
(1) hire an executive director, and the executive director may hire staff; the executive director is in the exempt service under AS 39.25.110 and staff members are in the classified service under AS 39.25.100;
(2) elect one of its members as presiding officer;
(3) in consultation with authorities in the field, develop, implement, maintain, and monitor domestic violence, sexual assault, and crisis intervention and prevention programs, including educational programs, films, and school curricula on the cause, prevention, and treatment of domestic violence and sexual assault;
(4) coordinate services provided by the Department of Law, the Department of Education and Early Development, the Department of Public Safety, the Department of Health and Social Services, the Department of Corrections, and other state agencies and community groups dealing with domestic violence, sexual assault, and crisis intervention and prevention, and provide technical assistance as requested by those state agencies and community groups;
(5) develop and implement a standardized data collection system on domestic violence, sexual assault, and crisis intervention and prevention;
(6) conduct public hearings and studies on issues relating to violence, including domestic violence and sexual assault, and on issues relating to the role of crisis intervention and prevention;
(7) receive and dispense state and federal money and award grants and contracts from appropriations for the purpose to qualified local community entities for domestic violence, sexual assault, and crisis intervention and prevention programs;
(8) oversee and audit domestic violence, sexual assault, and crisis intervention and prevention programs that receive money under this chapter;
(9) provide fiscal and technical assistance to plan, organize, implement, and administer domestic violence, sexual assault, and crisis intervention and prevention programs;
(10) make an annual report to the governor on the activities of the council, plans of the council for new services and programs, and concerns of the council, including recommendations for legislation necessary to carry out the purposes of this chapter; the council shall notify the legislature that the report is available;
(11) adopt regulations in accordance with AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter and to protect the health, safety, well-being, and privacy of persons receiving services financed with grants or contracts under this chapter;
(12) consult with the Department of Health and Social Services in the formulation of standards and procedures for the delivery of services to victims of domestic violence by health care facilities and practitioners of healing arts and personnel in those facilities as required in AS 18.66.300;
(13) consult with the Alaska Police Standards Council and other police training programs in the state to develop training programs regarding domestic violence for police officers and for correction, probation, and parole officers;
(14) consult with public employers, the Alaska Supreme Court, school districts, and prosecuting authorities who are required by AS 18.66.300 — 18.66.310 to provide continuing education courses in domestic violence to employees.
Sec. 18.66.060. Qualifications for grants and contracts.
A local community entity is qualified to receive a grant or contract under this chapter if it agrees to provide services approved by the council to victims of domestic violence or sexual assault or their families or to perpetrators of domestic violence or sexual assault without regard to ability to pay.
Sec. 18.66.100. Protective orders: eligible petitioners; relief.
(a) A person who is or has been a victim of a crime involving domestic violence may file a petition in the district or superior court for a protective order against a household member. A parent, guardian, or other representative appointed by the court under this section may file a petition for a protective order on behalf of a minor. The court may appoint a guardian ad litem or attorney to represent the minor. Notwithstanding AS 25.24.310 or this section, the office of public advocacy may not be appointed as a guardian ad litem or attorney for a minor in a petition filed under this section unless the petition has been filed on behalf of the minor.
(b) When a petition for a protective order is filed, the court shall schedule a hearing and provide at least 10 days’ notice to the respondent of the hearing and of the respondent’s right to appear and be heard, either in person or by an attorney. If the court finds by a preponderance of evidence that the respondent has committed a crime involving domestic violence against the petitioner, regardless of whether the respondent appears at the hearing, the court may order any relief available under (c) of this section. The provisions of a protective order issued under
(1) (c)(1) of this section are effective until further order of the court;
(2) (c)(2) — (16) of this section are effective for one year unless earlier dissolved by court order.
(c) A protective order under this section may
(1) prohibit the respondent from threatening to commit or committing domestic violence, stalking, or harassment;
(2) prohibit the respondent from telephoning, contacting, or otherwise communicating directly or indirectly with the petitioner;
(3) remove and exclude the respondent from the residence of the petitioner, regardless of ownership of the residence;
(4) direct the respondent to stay away from the residence, school, or place of employment of the petitioner or any specified place frequented by the petitioner or any designated household member;
(5) prohibit the respondent from entering a propelled vehicle in the possession of or occupied by the petitioner;
(6) prohibit the respondent from using or possessing a deadly weapon if the court finds the respondent was in the actual possession of or used a weapon during the commission of domestic violence;
(7) direct the respondent to surrender any firearm owned or possessed by the respondent if the court finds that the respondent was in the actual possession of or used a firearm during the commission of the domestic violence;
(8) request a peace officer to accompany the petitioner to the petitioner’s residence to ensure that the petitioner
(A) safely obtains possession of the petitioner’s residence, vehicle, or personal items; and
(B) is able to safely remove a vehicle or personal items from the petitioner’s residence;
(9) award temporary custody of a minor child to the petitioner and may arrange for visitation with a minor child if the safety of the child and the petitioner can be protected; if visitation is allowed, the court may order visitation under the conditions provided in AS 25.20.061;
(10) give the petitioner possession and use of a vehicle and other essential personal items, including a pet, regardless of ownership of the items;
(11) prohibit the respondent from consuming controlled substances;
(12) require the respondent to pay support for the petitioner, a minor child in the care of the petitioner, or a pet in the care of the petitioner if there is an independent legal obligation of the respondent to support the petitioner, child, or pet;
(13) require the respondent to reimburse the petitioner or other person for expenses associated with the domestic violence, including medical expenses, counseling, shelter, and repair or replacement of damaged property;
(14) require the respondent to pay costs and fees incurred by the petitioner in bringing the action under this chapter;
(15) order the respondent, at the respondent’s expense, to participate in (A) a program for the rehabilitation of perpetrators of domestic violence that meets the standards set by, and that is approved by, the Department of Corrections under AS 44.28.020(b), or (B) treatment for the abuse of alcohol or controlled substances, or both; a protective order under this section may not require a respondent to participate in a program for the rehabilitation of perpetrators of domestic violence unless the program meets the standards set by, and that is approved by, the Department of Corrections under AS 44.28.020(b);
(16) order other relief the court determines necessary to protect the petitioner or any household member.
(d) If the court issues a protective order under this section, it shall
(1) make reasonable efforts to ensure that the order is understood by the petitioner and by the respondent, if present; and
(2) have the order delivered to the appropriate local law enforcement agency for expedited service and for entry into the central registry of protective orders under AS 18.65.540.
(e) A court may not deny a petition for a protective order under this section solely because
(1) there is a lapse of time between an act of domestic violence and the filing of the petition;
(2) the act of domestic violence was the basis for a previous protective order; or
(3) a court previously found that the incident was a crime of domestic violence committed against the petitioner but declined to order relief under this section, if the petition alleges a change in circumstances since the court’s previous finding.
(f) Within 30 days before, or within 60 days after, the expiration of a protective order issued or extended under (b)(2) of this section, a petitioner may petition the court for an extension of the protective order. The court shall schedule a hearing and provide at least 10 days’ notice to the respondent of the hearing and of the respondent’s right to appear and be heard, either in person or through an attorney. If the court finds that an extension of the provisions of the order is necessary to protect the petitioner from domestic violence, regardless of whether the respondent appears at the hearing, the court may extend the provisions of the order. An extension granted under this subsection is effective for one year unless earlier dissolved by court order. If the court grants an extension before the protective order expires, the extension takes effect on the day the protective order would have expired.
Sec. 18.66.110. Ex parte and emergency protective orders.
(a) A person who is a victim of a crime involving domestic violence may file a petition under AS 18.66.100(a) and request an ex parte protective order. If the court finds that the petition establishes probable cause that a crime involving domestic violence has occurred, it is necessary to protect the petitioner from domestic violence, and if the petitioner has certified to the court in writing the efforts, if any, that have been made to provide notice to the respondent, the court shall ex parte and without notice to the respondent issue a protective order. An ex parte protective order may grant the protection provided by AS 18.66.100(c)(1) — (5), (8) — (12), and (16). An ex parte protective order expires 20 days after it is issued unless dissolved earlier by the court at the request of either the petitioner or the respondent and after notice and, if requested, a hearing. If a court issues an ex parte protective order, the court shall have the order delivered to the appropriate local law enforcement agency for expedited service and for entry into the central registry of protective orders under AS 18.65.540.
(b) A peace officer, on behalf of and with the consent of a victim of a crime involving domestic violence, may request an emergency protective order from a judicial officer. The request may be made orally or in writing based upon the sworn statement of a peace officer, and in person or by telephone. If the court finds probable cause to believe that the victim is in immediate danger of domestic violence based on an allegation of the recent commission of a crime involving domestic violence, the court ex parte shall issue an emergency protective order. In an emergency protective order, the court may grant the protection provided by AS 18.66.100(c)(1) — (5), (8), (10), (11), and (16). An emergency protective order expires 72 hours after it is issued unless dissolved earlier by the court at the request of the petitioner.
(c) A peace officer who obtains an emergency protective order under (b) of this section shall
(1) place the provisions of an oral order in writing on a form provided by the court and file the written order with the issuing court by the end of the judicial day after it was issued;
(2) provide a copy of the order to the petitioner;
(3) serve a copy of the order on the respondent; and
(4) comply with the requirements of AS 18.65.540 for ensuring that the order is entered into the central registry of protective orders under AS 18.65.540.
(d) A court may not deny a petition for an ex parte protective order filed under (a) of this section solely because of a lapse of time between an act of domestic violence and the filing of the petition.
Sec. 18.66.120. Modification of protective orders.
(a) Either the petitioner or the respondent may request modification of a protective order. If a request is made for modification of
(1) an ex parte protective order under AS 18.66.110(a), the court shall schedule a hearing on three days’ notice or on shorter notice as the court may prescribe; the court shall hear and rule on the request in an expeditious manner; or
(2) a protective order after notice and hearing under AS 18.66.100(b), the court shall schedule a hearing within 20 days after the date the request is made, except that if the court finds that the request is meritless on its face, the court may deny the request without further hearing.
(b) If a request for a modification is made under this section and the respondent raises an issue not raised by the petitioner, the court may allow the petitioner additional time to respond.
(c) If the court modifies a protective order under this section, it shall issue a modified order and shall
(1) make reasonable efforts to ensure that the order is understood by the petitioner and by the respondent, if present at the hearing; and
(2) have the order delivered to the appropriate local law enforcement agency for expedited service and for entry into the central registry of protective orders under AS 18.65.540.
Sec. 18.66.130. Specific protective orders.
(a) If a respondent in a protective order issued under AS 18.66.100 — 18.66.180 is prohibited from communicating with the petitioner, excluded from the residence of the petitioner, or ordered to stay away from the petitioner as provided in AS 18.66.100(c)(2) — (5), an invitation by the petitioner to communicate, enter the residence or vehicle, or have other prohibited contact with the petitioner does not waive or nullify any provision in a protective order.
(b) A court may not grant protective orders against the petitioner and the respondent in the same action under this chapter.
(c) A court may not order parties into mediation or refer them to mediation for resolution of the issues arising from a petition for a protective order under AS 18.66.100 — 18.66.180.
(d) In addition to other required information contained in a protective order, the order must include in bold face type the following statements:
(1) “Violation of this order may be a misdemeanor, punishable by up to one year of incarceration and up to a $25,000 fine”;
(2) “If you are ordered to have no contact with the petitioner or to stay away from the petitioner’s residence, vehicle, or other place designated by the court, an invitation by the petitioner to have the prohibited contact or to be present at or enter the residence, vehicle, or other place does not in any way invalidate or nullify the order.”
(e) A protective order issued under this chapter is in addition to and not in place of any other civil or criminal remedy. A petitioner is not barred from seeking an order under AS 18.66.100 — 18.66.180 because of the existence of another civil action between the petitioner and respondent.
Sec. 18.66.140. Filing and enforcement of protective orders issued in other states.
(a) A certified copy of an unexpired protective order issued in another jurisdiction may be filed with the clerk of court in any judicial district in this state.
(b) A protective order issued in another jurisdiction has the same effect and must be recognized and enforced in the same manner as a protective order issued by a court of this state, regardless of whether the protective order issued in another jurisdiction is filed as described in (a) of this section, if the protective order is
(1) issued by a court of the United States, a court of another state or territory, a United States military tribunal, or a tribal court;
(2) related to domestic violence; and
(3) entitled to full faith and credit under 18 U.S.C. 2265.
(c) When a protective order is filed with the court under this section, the court shall have the order delivered to the appropriate local law enforcement agency for entry into the central registry of protective orders under AS 18.65.540.
(d) A protective order issued in another jurisdiction that appears authentic on its face is presumed valid.
Sec. 18.66.150. Forms for petitions and orders; fees.
(a) The Alaska Court System, after consulting with the Council on Domestic Violence and Sexual Assault and other interested persons and organizations, shall prepare forms for petitions, protective orders, and instructions for their use by a person seeking a protective order under this chapter. The forms must conform to the Alaska Rules of Civil Procedure, except that information on the forms may be filled in by legible handwriting.
(b) In addition to other information required, a petition for a protective order must include a statement of pending civil actions or domestic violence criminal actions involving either the petitioner or the respondent. While a protective order is in effect or a petition for protective order is pending, both the petitioner and respondent have a continuing duty to inform the court of pending civil actions or domestic violence criminal actions involving either the petitioner or the respondent.
(c) The office of the clerk of each superior and district court shall make available to the public under AS 18.66.100 — 18.66.180 the forms a person seeking a protective order under AS 18.66.100 — 18.66.180 may need and instructions for the use of the forms. The clerk shall provide assistance in completing the forms and filing the forms.
(d) Filing fees may not be charged in any action seeking only the relief provided in this chapter.
Sec. 18.66.160. Service of process.
(a) Unless, on the record in court, the person has already been provided a copy of the court’s order, process issued under this chapter shall be promptly served and executed. If process is to be served upon a person believed to be present or residing in a municipality, as defined in AS 29.71.800, or in an unincorporated community, process shall be served by a peace officer of that municipality or unincorporated community who has jurisdiction within the area of service. If a peace officer of the municipality or unincorporated community who has jurisdiction is not available, a superior court, district court, or magistrate may designate any other peace officer to serve and execute process. A state peace officer shall serve process in any area that is not within the jurisdiction of a peace officer of a municipality or unincorporated community. A peace officer shall use every reasonable means to serve process issued under this chapter. A judge may not order a peace officer to serve a petition that has been denied by the court.
(b) Service of process under (a) of this section does not preclude a petitioner from using any other available means to serve process issued under this chapter.
(c) Fees for service of process may not be charged in a proceeding seeking only the relief provided in this chapter.
Sec. 18.66.170. Notification of law enforcement agencies.
When a court issues or accepts for filing a protective order under this chapter, it shall send a copy of the order to the appropriate local law enforcement agency. Each law enforcement agency shall establish procedures to inform peace officers of protective orders. Peace officers shall use every reasonable means to enforce a protective order issued or filed under this chapter.
Sec. 18.66.180. Civil liability.
A person may not bring a civil action for damages against the state, its officers, agents, or employees, or a law enforcement agency, its officers, agents, or employees for any failure to comply with the provisions of this chapter.
Sec. 18.66.200. Compulsory disclosure of communications prohibited.
(a) Except as provided in AS 18.66.210 or 18.66.220, a victim or victim counselor may not be compelled, without appropriate consent, to give testimony or to produce records concerning confidential communications for any purpose in a criminal, civil, legislative, or administrative proceeding. In this subsection, “appropriate consent” means
(1) the consent of the victim with respect to the testimony of
(A) an adult victim; and
(B) a victim counselor when the victim is an adult;
(2) the consent of the victim’s parent, legal guardian, or guardian ad litem with respect to the testimony of a
(A) victim who is a minor or incompetent to testify; and
(B) victim counselor when the victim is a minor or incompetent to testify.
(b) Either party may apply for appointment of a guardian ad litem for purposes of (a)(2) of this section.
(c) A victim or victim counselor may not be compelled to provide testimony in a civil, criminal, or administrative proceeding that would identify the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding, or the name, address, or telephone number of a victim counselor, unless the court or hearing officer determines that the information is necessary and relevant to the facts of the case.
(d) Notwithstanding (a) of this section,
(1) a minor may waive the privilege provided under (a) of this section and testify or give consent for a victim counselor to testify if the court determines that the minor is capable of knowingly waiving the privilege;
(2) a parent or legal guardian may not, on behalf of a minor, waive the privilege provided under (a) of this section with respect to the minor’s testimony or the testimony of a victim counselor if
(A) the parent or legal guardian has been charged with a crime against the minor;
(B) a protective order or restraining order has been entered against the parent or legal guardian on request of or on behalf of the minor; or
(C) the parent or legal guardian otherwise has an interest adverse to that of the minor with respect to the waiver of privilege.
Sec. 18.66.210. Exceptions.
The privilege provided under AS 18.66.200 does not apply to
(1) reports of suspected child abuse or neglect under AS 47.17;
(2) evidence that the victim is about to commit a crime;
(3) a proceeding that occurs after the victim’s death;
(4) a communication relevant to an issue of breach by the victim or victim counselor of a duty arising out of the victim-victim counselor relationship;
(5) a communication that is determined to be admissible hearsay as an excited utterance under the Alaska Rules of Evidence;
(6) a child-in-need-of-aid proceeding under AS 47.10;
(7) a communication made during the victim-victim counselor relationship if the services of the counselor were sought, obtained, or used to enable anyone to commit or plan a crime or to escape detection or apprehension after the commission of a crime; or
(8) a criminal proceeding concerning criminal charges against a victim of domestic violence or sexual assault where the victim is charged with a crime
(A) under AS 11.41 against a minor; or
(B) in which the physical, mental, or emotional condition of the victim is raised in defense of the victim.
Sec. 18.66.220. Waiver.
(a) A victim does not waive the protections provided in AS 18.66.200 by testifying except that, if the victim partially discloses the contents of a confidential communication in the course of testifying in a civil, criminal, or administrative proceeding, then either party may request the court or hearing officer to rule that justice requires the protections of AS 18.66.200 to be waived to the extent they apply to that portion of the communication. A waiver under this subsection applies only to the extent necessary to require a witness to respond to counsel’s questions concerning the confidential communications that were disclosed and only to the extent that they are relevant to the facts of the case.
(b) A victim counselor may not waive the protections afforded to a victim under AS 18.66.200 without the consent of the victim or the consent of a parent, legal guardian, or guardian ad litem authorized to give consent under AS 18.66.200.
Sec. 18.66.230. Inference from claim of privilege; instruction.
(a) The claim of a privilege under AS 18.66.200, whether in a present proceeding or upon a prior occasion, is not a proper subject of comment by a judge, hearing officer, legislator, or counsel. An inference may not be drawn from the claim of privilege.
(b) In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of a claim of privilege under AS 18.66.200 without the knowledge of the jury.
(c) Upon request, a party against whom a jury might draw an adverse inference from a claim of privilege under AS 18.66.200 is entitled to an instruction that an inference may not be drawn from the claim of privilege.
Sec. 18.66.250. Definitions.
In AS 18.66.200 — 18.66.250,
(1) “confidential communication” means information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and that is disclosed in the course of victim counseling resulting from a sexual assault or domestic violence;
(2) “sexual assault” means an offense under AS 11.41.410 — 11.41.470 or an offense in another jurisdiction whose elements are similar to the elements of an offense under AS 11.41.410 — 11.41.470;
(3) “victim” means a person who consults a victim counselor for assistance in overcoming adverse effects of a sexual assault or domestic violence;
(4) “victim counseling” means support, assistance, advice, or treatment to alleviate the adverse effects of a sexual assault or domestic violence on the victim;
(5) “victim counseling center” means a private organization, an organization operated by or contracted by a branch of the armed forces of the United States, or a local government agency that
(A) has, as one of its primary purposes, the provision of direct services to victims for trauma resulting from a sexual assault or domestic violence;
(B) is not affiliated with a law enforcement agency or a prosecutor’s office; and
(C) is not on contract with the state to provide services under AS 47;
(6) “victim counselor” means an employee or supervised volunteer of a victim counseling center that provides counseling to victims
(A) who has undergone a minimum of 40 hours of training in domestic violence or sexual assault, crisis intervention, victim support, treatment and related areas; or
(B) whose duties include victim counseling.
Sec. 18.66.300. Standards and procedures for health care in domestic violence cases.
(a) The Department of Health and Social Services shall adopt standards and procedures for the delivery of services to victims of domestic violence by health care facilities and practitioners of the healing arts and personnel in those facilities. The standards and procedures shall be formulated in consultation with the Council on Domestic Violence and Sexual Assault, the Department of Commerce, Community, and Economic Development, private agencies that provide services for victims of domestic violence, and persons with expertise in providing health care and other services to victims of domestic violence.
(b) The Department of Health and Social Services shall make available to health care facilities and practitioners of the healing arts and personnel in those facilities a written notice of the rights of victims of domestic violence and the services available to them. The notice shall be substantially similar to the notice provided in AS 18.65.520(a).
(c) The Department of Health and Social Services may adopt regulations to implement and interpret this section.
Sec. 18.66.310. Continuing education for public employees, court system employees, and for prosecuting authorities.
(a) Employers of state or local public employees, including employees of public schools, shall, in consultation with the Council on Domestic Violence and Sexual Assault, provide continuing education in domestic violence for the public employees who are required by law to report abuse or neglect of children under AS 47.17.020.
(b) The administrative director of the Alaska Court System shall, in consultation with the Council on Domestic Violence and Sexual Assault, provide continuing education in domestic violence for judicial officers and court clerks who have contact with parties involved in domestic violence.
(c) The Department of Law and other prosecuting authorities in the state shall, in consultation with the Council on Domestic Violence and Sexual Assault, provide continuing education in domestic violence for prosecuting attorneys and other employees who have contact with persons involved in domestic violence.
(d) The continuing education required under (a) — (c) of this section must be offered at least once every two years and must include information on the following subjects:
(1) the nature, extent, and causes of domestic violence;
(2) procedures designed to promote the safety of the victim and other household members;
(3) resources available to victims and perpetrators of domestic violence; and
(4) the lethality of domestic violence.
Sec. 18.66.400. Domestic violence fatality review teams.
(a) The commissioner of public safety may establish domestic violence fatality review teams in areas of the state. A municipality may establish a domestic violence fatality review team in a municipality. When the investigation of fatal incidents of domestic violence and incidents of domestic violence involving serious physical injury has been completed or adjudicated by law enforcement or at an earlier appropriate time, a domestic violence fatality review team may review those incidents for the purpose of preventing domestic-violence-related fatalities, improving the response of law enforcement and other agencies to domestic violence, and providing consultation and coordination for agencies involved in the prevention and investigation of domestic violence. The review may include a review of events leading up to the domestic violence incident, available community resources, current laws and policies, actions taken by agencies and persons related to the incident and persons involved in the incident, and other information the team determines to be relevant to the review. The confidential and other records of a department or agency of the state or a municipality relating to the domestic violence incident may be examined by the domestic violence fatality review team or a member of the team. The domestic violence fatality review team and each member of the team shall preserve the confidentiality of any records examined. In this subsection, “serious physical injury” has the meaning given in AS 11.81.900.
(b) The membership of a domestic violence fatality review team shall be determined by the commissioner of public safety or the municipality, as appropriate. Membership may include representatives from
(1) law enforcement agencies within the area or municipality;
(2) the district attorney for the area or municipality and municipal prosecutor if created by a municipality;
(3) the office of the chief medical examiner;
(4) the Department of Corrections;
(5) employees of the Department of Health and Social Services who deal with domestic violence;
(6) local agencies and organizations involved with crime victim and domestic violence protection, reporting, and counseling and assistance;
(7) other organizations, departments, and agencies determined to be appropriate.
(c) The victims’ advocate under AS 24.65 is an ex officio member of each domestic violence fatality review team created under this section and may attend any meeting and review any information available to or considered by a team.
(d) Except for a public report issued by a domestic violence fatality review team that does not contain confidential information, records or other information collected by a team or any member of a team related to duties under this section is confidential and not subject to public disclosure under AS 40.25.100 and 40.25.110. Meetings of a domestic violence fatality review team are closed to the public and are not subject to the provisions of AS 44.62.310 — 44.62.319 (Open Meetings Act).
(e) The determinations, conclusions, and recommendations of a domestic violence fatality review team or its members are not admissible in a civil or criminal proceeding. A member may not be compelled to disclose a determination, conclusion, recommendation, discussion, or thought process through discovery or testimony in a civil or criminal proceeding. Records and information collected by the team are not subject to discovery or subpoena in connection with a civil or criminal proceeding.
(f) Notwithstanding (e) of this section, an employee of a state or a municipal agency may testify in a civil or criminal proceeding concerning cases reviewed by a domestic violence fatality review team even though the agency’s records were reviewed by a team and formed the basis of that employee’s testimony and the team’s report.
(g) A person who serves on a domestic violence fatality review team is not liable for damages or other relief in an action brought by reason of the performance of a duty, function, or activity of the team.
Sec. 18.66.900. Definitions. [Repealed, § 72 ch 64 SLA 1996.]
Sec. 18.66.990. Definitions.
In this chapter,
(1) “council” means the Council on Domestic Violence and Sexual Assault;
(2) “crisis intervention and prevention program” means a community program that provides information, education, counseling, and referral services to individuals experiencing personal crisis related to domestic violence or sexual assault and to individuals in personal or professional transition, excluding correctional half-way houses, outpatient mental health programs, and drug or alcohol rehabilitation programs;
(3) “domestic violence” and “crime involving domestic violence” mean one or more of the following offenses or an offense under a law or ordinance of another jurisdiction having elements similar to these offenses, or an attempt to commit the offense, by a household member against another household member:
(A) a crime against the person under AS 11.41;
(B) burglary under AS 11.46.300 — 11.46.310;
(C) criminal trespass under AS 11.46.320 — 11.46.330;
(D) arson or criminally negligent burning under AS 11.46.400 — 11.46.430;
(E) criminal mischief under AS 11.46.475 — 11.46.486;
(F) terrorist threatening under AS 11.56.807 or 11.56.810;
(G) violating a protective order under AS 11.56.740(a)(1);
(H) harassment under AS 11.61.120(a)(2) — (4); or
(I) cruelty to animals under AS 11.61.140(a)(5) if the animal is a pet;
(4) “domestic violence program” means a program that provides services to the victims of domestic violence, their families, or perpetrators of domestic violence;
(5) “household member” includes
(A) adults or minors who are current or former spouses;
(B) adults or minors who live together or who have lived together;
(C) adults or minors who are dating or who have dated;
(D) adults or minors who are engaged in or who have engaged in a sexual relationship;
(E) adults or minors who are related to each other up to the fourth degree of consanguinity, whether of the whole or half blood or by adoption, computed under the rules of civil law;
(F) adults or minors who are related or formerly related by marriage;
(G) persons who have a child of the relationship; and
(H) minor children of a person in a relationship that is described in (A) — (G) of this paragraph;
(6) “judicial day” means any Monday through Friday that is not a state holiday and on which the court clerk’s offices are officially opened to receive legal documents for filing;
(7) “local community entity” means a city or borough or other political subdivision of the state, a nonprofit organization, or a combination of these;
(8) “pet” means a vertebrate living creature maintained for companionship or pleasure, but does not include dogs primarily owned for participation in a generally accepted mushing or pulling contest or practice or animals primarily owned for participation in rodeos or stock contests.
(9) “petitioner” includes a person on whose behalf an emergency protective order has been requested under AS 18.66.110(b);
(10) “sexual assault” means a crime specified in AS 11.41.410 — 11.41.450;
(11) “sexual assault program” means a program that provides services to the victims of sexual assault, their families, or perpetrators of sexual assault.
Chapter 67. Violent Crimes Compensation Board.
Sec. 18.67.010. Purpose. It is the purpose of this chapter to facilitate and permit the payment of compensation to innocent persons injured, to dependents of persons killed, and to certain other persons who by virtue of their relationship to the victim of a crime incur actual and reasonable expense as a result of certain serious crimes or in attempts to prevent the commission of crime or to apprehend suspected criminals.
Sec. 18.67.020. Violent Crimes Compensation Board.
(a) The Violent Crimes Compensation Board is composed of three members to be appointed by the governor. One of the members shall be designated as chair by the governor. At least one member must be a medical or osteopathic physician, a physician assistant, or an advanced nurse practitioner licensed to practice in this state or retired from practice in this state, and one member must be an attorney licensed to practice in this state or retired from practice in this state.
(b) Members of the board serve staggered terms of three years. All vacancies, except through the expiration of term, shall be filled for the unexpired term only.
(c) Each member of the board is eligible for reappointment and serves at the pleasure of the governor.
(d) A member of the board may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office after due notice and hearing.
(e) Members of the board receive no salary, but are entitled to per diem and travel expenses authorized by law for other boards.
(f) After obtaining consent from the chief administrative law judge (AS 44.64.020), the board may appoint one or more administrative law judges employed or retained by the office of administrative hearings to conduct hearings and take testimony in proceedings under this chapter, but final determinations of any matter shall be only by the board. AS 44.64.060 and 44.64.070 do not apply to proceedings under this chapter. An administrative law judge acting under this section shall report findings of fact and conclusions of law to the board, together with the reasons for the findings and conclusions. The board shall act only after consideration of the report and other evidence that it considers appropriate.
(g) The board may appoint and fix the duties of personnel necessary for carrying out its functions under this chapter.
Sec. 18.67.030. Application for compensation.
(a) A person who may be eligible for compensation under this chapter may make application to the board. In a case in which the person entitled to make application is a minor, the application may be made on the person’s behalf by a parent or guardian. In a case in which the person entitled to make application is mentally incompetent, the application may be made on the person’s behalf by a parent, guardian, or other individual authorized to administer the person’s estate.
(b) In order to be eligible for compensation under this chapter, the applicant shall, before a hearing on an application under this chapter, submit reports, if reasonably available, from all physicians or surgeons who have treated or examined the victim in relation to the injury for which compensation is claimed at the time of or subsequent to the victim’s injury or death. If, in the opinion of the board, reports on the previous medical history of the victim, a report on the examination of the injured victim, or a report on the cause of death of the victim by an impartial medical expert would be of material aid to its determination, the board shall order the reports and examination.
(c) An application for compensation and personally identifying information relating to an applicant for compensation are confidential records and may not be released by the board.
Sec. 18.67.040. Action on application; hearings.
(a) Upon application made under the provisions of this chapter, the board shall consider the application and rule on it. The board may, upon its own motion, order a hearing, specifying the time and place it is to be held; if a hearing is ordered, the board shall give notice to the applicant. If, after consideration without a hearing, the decision is unfavorable to the applicant, in whole or in part, the board shall furnish the applicant a written statement of the reason for the ruling. If, within 30 days after receipt of this statement, the applicant requests a hearing on the application, the board shall specify a time and place for a hearing and shall give notice to the applicant. If a request for a hearing is not made within the specified time, the decision of the board is final.
(b) For the purpose of carrying out the provisions of this chapter, the board or its hearing officer may hold the hearings, sit and act at the times and places, and take the testimony that the board or the hearing officer considers advisable. The board or its hearing officer may administer oaths or affirmations to witnesses. The board has full powers of subpoena and compulsion of attendance of witnesses and production of documents, but a subpoena may not be issued except under the signature of a member of the board. Application to a court for aid in enforcing the subpoena may be made in the name of the board only by a board member. Subpoenas are served by any person designated by the board.
(c) The applicant and any other person having a substantial interest in a proceeding may appear and be heard, produce evidence, and cross-examine witnesses in person or by an attorney. The board or its hearing officer also may hear other persons who in the judgment of the board or the hearing officer may have relevant evidence to submit.
(d) Admissibility of evidence is governed by AS 44.62 (Administrative Procedure Act).
(e) If a person has been convicted of an offense with respect to an act on which a claim under this chapter is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending.
(f) Orders and decisions of the board shall be final.
Sec. 18.67.050. Attorney fees.
The board may, as part of an order entered under this chapter, determine and allow reasonable attorney fees, which may not exceed 25 percent of the first $1,000 amount awarded as compensation, 15 percent of the next $9,000 amount awarded as compensation, and 7.5 percent of the amount awarded as compensation over $10,000 under AS 18.67.070, to be paid in addition to the amount of the compensation, to the attorney representing the applicant. An attorney may not ask for, contract for, charge, demand, collect, or receive a larger sum than the amount allowed by the board in the award of attorney fees. An attorney who violates this section shall forfeit any fee awarded and shall repay the state the fee awarded under this section.
Sec. 18.67.060. Regulations.
In the performance of its functions, the board is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this chapter, and relating to other matters the board considers appropriate.
Sec. 18.67.070. Standards for compensation.
For the purpose of determining the amount of compensation payable under this chapter, the board shall, insofar as practicable, formulate standards for uniform application of this chapter and take into consideration rates and amounts of compensation payable for injuries and death under other laws of the state and of the United States and the availability of funds appropriated for the purposes of this chapter.
Sec. 18.67.080. Awarding compensation.
(a) In a case in which a person is injured or killed by an incident specified in AS 18.67.101(1), or by the act of any other person that is within the description of offenses listed in AS 18.67.101(2), the board may order the payment of compensation in accordance with the provisions of this chapter:
(1) to or for the benefit of the injured person;
(2) in the case of personal injury or death of the victim, to a person responsible or who had been responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury or death;
(3) in the case of death of the victim, to or for the benefit of one or more of the dependents of the victim; or
(4) to the provider of a service under AS 18.67.110(b).
(b) For the purposes of this chapter, a person is considered to have intended an act notwithstanding that by reason of age, insanity, drunkenness, or otherwise, the person was legally incapable of forming a criminal intent.
(c) In determining whether to make an order under this section, the board shall consider all circumstances determined to be relevant, including provocation, consent, or any other behavior of the victim that directly or indirectly contributed to the victim’s injury or death, the prior case or social history, if any, of the victim, the victim’s need for financial aid, and any other relevant matters. In applying this subsection,
(1) the board may not deny an order based on the factors in this subsection, unless those factors relate significantly to the occurrence that caused the victimization and are of such a nature and quality that a reasonable or prudent person would know that the factors or actions could lead to the crime and the victimization;
(2) with regard to circumstances in which the victim consented to, provoked, or incited the criminal act, the board may consider those circumstances only if the board finds that it is more probable than not that those circumstances occurred and were the cause of the crime and the victimization;
(3) the board may deny an order based on the victim’s involvement with illegal drugs, only if
(A) the victim was involved in the manufacture or delivery of a controlled substance at the time of the crime or the crime and victimization was a direct result of the prior manufacture or delivery of a controlled substance; the evidence of this manufacture or delivery must be corroborated by law enforcement or other credible sources; and
(B) the evidence shows a direct correlation linking the illegal activity and the crime and victimization; or
(4) if a claim is based on a crime involving domestic violence or on a crime of sexual abuse of a minor or sexual assault and the offender is
(A) convicted of one of those crimes, notwithstanding (1) — (3) of this subsection, the board may not deny an order based on considerations of provocation, the use of alcohol or drugs by the victim, or the prior social history of the victim; or
(B) not convicted of one of those crimes, the board may not deny an order based on the involvement or behavior of the victim.
(d) An order may be made under this section whether or not a person is prosecuted or convicted of an offense arising out of the act that caused the injury or death involved in the application. Upon application made by an appropriate prosecuting authority, the board may suspend proceedings under this chapter for a period it considers appropriate on the ground that a prosecution for an offense arising out of the act that caused the injury or death involved in the application has been commenced or is imminent.
Sec. 18.67.090. Recovery from collateral source.
(a) Up to the maximum set in AS 18.67.130(c), the board may award compensation for losses and expenses allowable under AS 18.67.110 for which the applicant is not compensated by the offender or a person on behalf of the offender, or by the United States, a state, or any of its subdivisions or agencies, or a private source or emergency awards under AS 18.67.120, for injury or death compensable under this chapter.
(b) If compensation is awarded under this chapter and the person receiving it also receives a collateral sum under (a) of this section that has not been deducted from it, the board may require that the person refund either the amount of the collateral sum or the amount of compensation paid to the person under this chapter, whichever is less.
(c) Notwithstanding the provisions of (a) and (b) of this section, in the case of the death of a victim, the value of a life insurance policy may not be considered a collateral sum that may be deducted under this section.
Sec. 18.67.100. Incidents and offenses to which chapter applies. [Repealed, § 6 ch 35 SLA 1979.]
Sec. 18.67.101. Incidents and offenses to which this chapter applies.
The board may order the payment of compensation in accordance with the provisions of this chapter for personal injury or death that resulted from
(1) an attempt on the part of the applicant to prevent the commission of crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police officer to do so, or aiding a victim of crime; or
(2) the commission or attempt on the part of one other than the applicant to commit any of the following offenses:
(A) murder in any degree;
(B) manslaughter;
(C) criminally negligent homicide;
(D) assault in any degree;
(E) kidnapping;
(F) sexual assault in any degree;
(G) sexual abuse of a minor;
(H) robbery in any degree;
(I) threats to do bodily harm;
(J) driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is under the influence of an alcoholic beverage, inhalant, or controlled substance;
(K) arson in the first degree;
(L) sex trafficking in violation of AS 11.66.110 or 11.66.130(a)(2)(B);
(M) human trafficking in any degree; or
(N) unlawful exploitation of a minor.
Sec. 18.67.110. Nature of the compensation.
(a) The board may order the payment of compensation under this chapter for
(1) expenses actually and reasonably incurred as a result of the personal injury or death of the victim;
(2) loss of earning power as a result of total or partial incapacity of the victim, and reasonable expenses of job retraining of or similar employment-oriented rehabilitative services for the victim;
(3) pecuniary loss to the dependents of the deceased victim; and
(4) any other loss resulting from the personal injury or death of the victim that the board determines to be reasonable.
(b) The board may order that compensation under (a) of this section for a service provided as a result of the personal injury or death of the victim be paid directly to the provider of the service.
Sec. 18.67.120. Emergency compensation.
If it appears to the board, prior to taking action on an application, that the claim is one for which compensation is probable, and undue hardship will result to the applicant if immediate payment is not made, the board may make an emergency award of compensation to the applicant pending a final decision in the case. However,
(1) the amount of the emergency compensation may not exceed $5,000;
(2) the amount of the emergency compensation shall be deducted from the final compensation made to the applicant;
(3) the excess of the amount of the emergency compensation over the final amount shall be repaid by the applicant to the board.
Sec. 18.67.130. Limitations on awarding compensation.
(a) An order for the payment of compensation may not be made under AS 18.67.080 unless
(1) the application has been made within two years after the date of the personal injury or death;
(2) the personal injury or death was the result of an incident or offense listed in AS 18.67.101 that had been reported to the police within five days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within five days of the time when a report could reasonably have been made; and
(3) in the discretion of the board, the applicant has cooperated with law enforcement and prosecution officials to further prosecution of the offender if appropriate and to avoid further injury by the offender to the applicant and injury to persons in the care of the applicant who are exposed to possible injury by the offender.
(b) Compensation may not be awarded if the victim
(1) [Repealed, § 8 ch 96 SLA 1983.]
(2) [Repealed, § 8 ch 96 SLA 1983.]
(3) violated a penal law of the state, which violation caused or contributed to the victim’s injuries or death; or
(4) is injured as a result of the operation of a motor vehicle, boat, or airplane unless the vehicle was used by the offender while intoxicated or as a weapon in a deliberate attempt to injure or kill the victim.
(c) Compensation may not be awarded under this chapter in an amount in excess of $40,000 per victim per incident. However, in the case of the death of
(1) a victim who has more than one dependent eligible for compensation, the total compensation that may be awarded as a result of that death may not exceed $80,000; the board may prorate the total awarded among those dependents according to relative need; or
(2) two or more victims in the same incident who jointly have a dependent eligible for compensation, the total compensation that may be awarded as a result of those deaths may not exceed $80,000.
(d) Orders for payment of compensation under this chapter may be made only as to injuries or death resulting from incidents or offenses occurring on and after July 1, 1971.
Sec. 18.67.140. Recovery from offender.
When an order for the payment of compensation for personal injury or death is made under this chapter, the board, upon payment of the amount of the order, is subrogated to the cause of action of the applicant against the person responsible for the injury or death and is entitled to bring an action against the person for the amount of the damages sustained by the applicant. If an amount greater than that paid under the order is recovered and collected in the action, the board shall pay the balance to the applicant.
Sec. 18.67.150. False claim.
A person who knowingly makes a false claim under this chapter is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $500, or by imprisonment for not more than one year, or by both, and shall forfeit any benefit received and shall repay the state for payment of compensation made under this chapter.
Sec. 18.67.160. Survival and abatement.
The rights to compensation created under this chapter are personal and do not survive the death of a victim or dependent entitled to them, except that if the death occurs after an application for compensation has been filed with the board, the proceeding does not abate, but may be continued by the legal representative of the decedent’s estate.
Sec. 18.67.162. Crime victim compensation fund.
There is created a crime victim compensation fund, which shall be administered by the board. The fund consists of money appropriated to it by the legislature, which may include donations, recoveries of or reimbursements for awards made from the fund, income from the fund, and other program receipts from activities under this chapter. Appropriations to the fund do not lapse. The fund shall be administered in accordance with the provisions of this chapter. Money distributed from the fund shall be in addition to other sources of compensation provided in this chapter.
Sec. 18.67.165. Distribution of money received as a result of the commission of crime. [Repealed, § 11 ch 154 SLA 1984. For current law see AS 12.61.020.]
Sec. 18.67.170. Reports.
The board shall prepare and transmit to the governor, in each odd-numbered year, a biennial report of its activities under this chapter including a brief description of the facts in each case and the amount of compensation awarded during the preceding two-year period. The board shall notify the legislature that the report is available.
Sec. 18.67.175. Duty to display information.
(a) Every hospital licensed by this state shall display prominently in its emergency room, main entrance, and business office posters notifying the public of the existence and general provisions of this chapter. The board may set standards for the location of this display and shall provide posters and general information regarding the provisions of this chapter to each hospital and to each physician licensed to practice medicine in the state.
(b) Every law enforcement agency in the state shall inform victims of violent crimes, or their surviving dependents, of the provisions of this chapter and shall provide application forms to the victims, or their dependents, who desire to seek compensation under this chapter. The board shall provide application forms, all other documents and general information that law enforcement agencies may require to comply with this subsection.
Sec. 18.67.180. Definitions.
In this chapter,
(1) “board” means the Violent Crimes Compensation Board;
(2) “dependent” means a relative of a deceased victim who was dependent upon the victim’s income or services at the time of the victim’s death; children of a victim born after a victim’s death are included;
(3) “personal injury” means actual bodily harm;
(4) “relative” means spouse, parent, grandparent, stepparent, natural born child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or spouse’s parents;
(5) “victim” means a person who is injured or killed by an incident or offense specified in AS 18.67.101.
Chapter 68. Sexual Assault Investigations.
Sec. 18.68.010. Sexual assault examination kit. (a) The Department of Public Safety and the Department of Law shall develop a uniform sexual assault examination kit.
(b) Under protocols developed under AS 18.68.020,
(1) the Department of Public Safety shall distribute the kits throughout the state; and
(2) peace officers and health care providers shall use the kits for the gathering of evidence in cases of suspected sexual assault.
(c) The appropriate person under the protocols developed under AS 18.68.020 shall provide a sexual assault examination kit at no charge.
(d) This section does not prohibit the introduction in court of evidence obtained without the use of a sexual assault examination kit.
Sec. 18.68.020. Sexual assault investigations protocols.
(a) The Department of Public Safety and the Department of Law in conjunction with the Department of Health and Social Services shall develop a manual of protocols governing the distribution and use of the sexual assault examination kit developed under AS 18.68.010. The protocols must allow a victim who is 18 years of age or older and not a vulnerable adult to choose one of the following types of reports:
(1) a law enforcement report if the victim wants to obtain a medical forensic examination with evidence collection and, at the time of the medical forensic examination, chooses to participate in the criminal justice system; or
(2) an anonymous report if the victim wants to obtain a medical forensic examination with evidence collection but, at the time of the medical forensic examination, chooses not to have personal identifying information provided to law enforcement or to participate in the criminal justice system; the person who collects the evidence shall release the evidence to the appropriate law enforcement agency for preservation in accordance with AS 12.36.200 but may not provide personal identifying information of the victim to the law enforcement agency; the law enforcement agency shall assign a unique identifying number to the evidence, and the person who collects the evidence shall record the number and provide the number to the victim.
(b) The Department of Public Safety shall distribute copies of the protocol manual developed under this section to the appropriate peace officers and health care providers in the state.
(c) In this section, “vulnerable adult” has the meaning given in AS 47.24.900.
Sec. 18.68.030. Training in protocols and sexual examination kits.
The Department of Public Safety and the Department of Law shall develop and implement training in the use of the protocols and the sexual assault examination kits for peace officers, district attorneys, and appropriate law enforcement agencies, health care providers, and sexual assault program personnel.
Sec. 18.68.040. Sexual assault victim may not be required to pay for examination.
A law enforcement agency, health care facility, or other entity may not require a victim of sexual assault under AS 11.41.410 — 11.41.425 who is 16 years of age or older to pay, directly or indirectly, through health insurance or any other means, for the costs of examination of the victim necessary for
(1) collecting evidence using the sexual assault examination kit under AS 18.68.010 or otherwise; or
(2) determining whether a sexual assault has occurred.
Chapter 70. Fire Protection.
Sec. 18.70.010. General function of Department of Public Safety with respect to fire protection. The Department of Public Safety shall foster, promote, regulate, and develop ways and means of protecting life and property against fire, explosion, and panic.
Sec. 18.70.020. Duties of Department of Public Safety.
The Department of Public Safety shall
(1) aid in the enforcement of all laws and ordinances and the regulations adopted under AS 18.70.010 — 18.70.100 and all other laws relating to fires or to fire prevention and protection;
(2) encourage the adoption of fire prevention measures by means of education;
(3) prepare or have prepared for dissemination information relating to the subject of fire prevention and extinguishment; and
(4) administer the state fire-service training program, including the administration of grants for fire-service training.
Sec. 18.70.030. Investigation of fires resulting from crime.
If there is reason to believe that a fire has resulted from crime or that crime has been committed in connection with a fire, the Department of Public Safety shall report that fact in writing to the district attorney of the judicial district in which the fire occurred. If the fire occurred in an incorporated city with a regularly organized fire department, the investigation and report shall be made in conjunction with the fire official of that area.
Sec. 18.70.040. Cooperation with fire insurance companies.
The Department of Public Safety may assist, receive assistance from, and otherwise cooperate with an investigator or agent employed by a fire insurance company licensed to do business in the state, or with an investigator or agent employed by an association of insurance companies licensed to do business in the state.
Sec. 18.70.050. Power of department to inspect buildings.
The Department of Public Safety may enter any building subject to regulation under AS 18.70.080 during reasonable hours for the sole purpose of inspecting the property or abating a fire hazard.
Sec. 18.70.060. Removal of property from fire.
During a fire and in the absence of the owner or claimant, the Department of Public Safety may protect personal property affected by removing it. If the owner or claimant does not take charge of the property within 24 hours the Department of Public Safety may store it at the owner’s or claimant’s expense.
Sec. 18.70.070. Abatement of fire hazards.
The Department of Public Safety may require the owner of a commercial business or public property to abate a fire hazard that exists in violation of law or regulations, and the Department of Public Safety may take appropriate action to assure abatement.
Sec. 18.70.075. Authority of fire department officers; penalty.
(a) A fire officer of a municipal fire department or a fire department registered with the state fire marshal, while providing fire protection or other emergency services, has the authority to
(1) control and direct activities at the scene of a fire or emergency;
(2) order a person to leave a building or place in the vicinity of a fire or emergency, for the purpose of protecting the person from injury;
(3) blockade a public highway, street, or private right-of-way temporarily while at the scene of a fire or emergency;
(4) trespass upon property at or near the scene of a fire or emergency at any time of the day or night;
(5) enter a building, including a private dwelling, or premises where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, to extinguish the fire;
(6) enter a building, including a private dwelling, or premises near the scene of a fire for the purpose of protecting the building or premises or for the purpose of extinguishing the fire that is in progress in another building or premises;
(7) upon 24-hour notice to the owner or occupant, conduct a prefire planning survey in all buildings, structures, or other places within the municipality or the registered fire department’s district, except the interior of a private dwelling, where combustible material is or may become dangerous as a fire menace to the building;
(8) direct the removal or destruction of a fence, house, motor vehicle, or other thing judged necessary to prevent the further spread of a fire.
(b) An owner or occupant of a building or place specified in this section or any other person on the site of a fire or other fire department emergency who refuses to obey the order of a fire officer of a municipal or registered fire department in the exercise of official duties is guilty of a misdemeanor, and upon conviction, is punishable by imprisonment for one year, or by a fine of not more than $1,000, or by both.
(c) In this section,
(1) “emergency” means a situation in which the services of fire department personnel are necessary or appropriate to protect life, property, or public health;
(2) “prefire planning survey” means a limited inspection for the purpose of preparing a fire attack plan in the event of a future emergency.
Sec. 18.70.080. Regulations.
(a) The Department of Public Safety shall adopt regulations for the purpose of protecting life and property from fire and explosion by establishing minimum standards for
(1) fire detection and suppression equipment;
(2) fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings, and buildings used for residential purposes containing four or more dwelling units;
(3) any activity in which combustible or explosive materials are stored or handled in commercial quantities;
(4) conditions or activities carried on outside a building described in (2) or (3) of this subsection likely to cause injury to persons or property.
(b) The commissioner of public safety may establish by regulation and the department may charge reasonable fees for fire and life safety plan checks made to determine compliance with regulations adopted under (a)(2) of this section.
Sec. 18.70.081. Approval of fire protection systems.
Before October 30 of each year, the Department of Public Safety shall prepare and make available a list of approved fire protection systems to the Department of Commerce, Community, and Economic Development and the public.
Sec. 18.70.082. Remote housing facilities.
Any construction camp, logging camp, cannery, or oil or mining camp that has buildings not in a fire department service area in which persons are housed in dormitories or similar facilities shall be equipped with an automatic fire detection system in that portion of the building used for living or sleeping purposes. In this section, “automatic fire detection system” means a type of automatic fire detection system approved by the state fire marshal.
Sec. 18.70.084. Standard fire hose and hydrant threads required.
All fire protection equipment to be purchased by state and municipal authorities, or any other authority having charge of public property, shall be equipped with national standard fire hose threads for fire hose couplings and hydrant fittings as adopted by the state fire marshal under AS 18.70.080.
Sec. 18.70.085. Sale of nonstandard equipment.
A person may not sell or offer for sale in this state any fire engine, fire hose, hydrant, or other equipment for fire protection purposes unless the equipment is fitted and equipped according to minimum standards adopted by the state fire marshal under AS 18.70.080. Fire equipment for special purposes or research programs, or special features of fire protection equipment found appropriate for uniformity within a particular protection area, may be exempted from this requirement by the state fire marshal.
Sec. 18.70.090. Enforcement authority.
The Department of Public Safety and the chief of each fire department recognized under regulations adopted by the Department of Public Safety, and their authorized representatives in their respective areas, may enforce the regulations adopted by the Department of Public Safety for the prevention of fire or for the protection of life and property against fire or panic. All state peace officers may assist the Department of Public Safety in the enforcement of AS 18.70.010 — 18.70.100 and the regulations adopted under those sections. The authority conferred in AS 18.70.010 — 18.70.100 extends to the enforcement of the provisions of AS 11.46.400 — 11.46.430.
Sec. 18.70.095. Smoke and carbon monoxide detection devices.
(a) Smoke detection devices shall be installed and maintained in all dwelling units in the state, and carbon monoxide detection devices shall be installed and maintained in all qualifying dwelling units in the state. The smoke detection devices must be of a type and shall be installed in a manner approved by the state fire marshal. The carbon monoxide detection devices must have an alarm and shall be installed and maintained according to manufacturers’ recommendations.
(b) In a dwelling unit occupied under the terms of a rental agreement or under a month-to-month tenancy,
(1) at the time of each occupancy, the landlord shall provide smoke detection devices and, if the dwelling unit is a qualifying dwelling unit, carbon monoxide detection devices; the devices must be in working condition, and, after notification of any deficiencies by the tenant, the landlord shall be responsible for repair or replacement; and
(2) the tenant shall keep the devices in working condition by keeping charged batteries in battery-operated devices, if possible, by testing the devices periodically, if possible, and by refraining from permanently disabling the devices.
(c) If a landlord did not know and had not been notified of the need to repair or replace a smoke detection device or a carbon monoxide detection device, the landlord’s failure to repair or replace the device may not be considered as evidence of negligence in a subsequent civil action arising from death, property loss, or personal injury.
(d) In this section,
(1) “dwelling unit” has the meaning given in AS 34.03.360;
(2) “landlord” has the meaning given in AS 34.03.360;
(3) “qualifying dwelling unit” means a dwelling unit that
(A) contains or is serviced by a carbon-based-fueled appliance or device that produces by-products of combustion;
(B) has an attached garage or carport; or
(C) is adjacent to a parking space;
(4) “rental agreement” has the meaning given in AS 34.03.360;
(5) “tenant” has the meaning given in AS 34.03.360.
Sec. 18.70.100. Criminal penalty; appeal of administrative orders.
(a) Except as provided in (c) of this section, a person who violates a provision of AS 18.70.010 — 18.70.100 or a regulation adopted under those sections, or who fails to comply with an order issued under AS 18.70.010 — 18.70.100, is guilty of a class B misdemeanor. When not otherwise specified, each 10 days that the violation or noncompliance continues is a separate offense.
(b) A person aggrieved by a final order may appeal to the superior court within 30 days after the issuance of the final order. Filing of the appeal does not excuse noncompliance with the order. The court may stay the operation of the order on those terms relating to bonding or other matters that the court finds proper. A stay may not be granted or continued if the court finds that it is against the public interest.
(c) A person who violates AS 18.70.095, as that section relates to carbon monoxide detection devices, is guilty of a violation. In this subsection, “violation” has the meaning given in AS 11.81.900.
Secs. 18.70.110 — 18.70.140. Fire Escapes. [Repealed, § 2 ch 23 SLA 1971.]
Sec. 18.70.150. Adoption of mutual fire aid agreements.
A city, other incorporated entity, and other fire protection groups may organize a mutual-aid program by adopting an ordinance or resolution authorizing and permitting their fire department, fire company, emergency relief squad, fire police squad, or fire patrol to go to the aid of another city, incorporated entity, or fire protection group, or territory outside of it. While extending aid under this section and AS 18.70.160 the fire department, company, squad, or patrol has the same privileges and immunities it possesses when it performs the same functions in its own area. The ordinance or resolution may authorize the heads of the fire department to extend aid, subject to conditions and restrictions prescribed in the ordinance or resolution.
Sec. 18.70.160. Agreement not to affect insurance rates or liability.
An agreement made under AS 18.70.150 and this section shall be carried out in a manner that does not raise insurance rates. An agreement may not reduce the liability of an insurance company in case of loss during the absence of fire services personnel and equipment.
Sec. 18.70.300. [Renumbered as AS 18.70.900.]
Sec. 18.70.310. Hazardous chemicals, materials, and wastes placards. [Repealed, § 15 ch 71 SLA 1997.]
Sec. 18.70.320. Policy.
It is the policy of the state to protect its residents and their property from the ravages of fire. The state recognizes the need for the state to participate in providing an educational and training system that meets the needs of all communities and all fire services personnel. The legislature finds that fire is a constant threat and that homes, places of employment, modes of transportation, and our natural resources need a system of fire protection that is based on the most current, practical standards and educational principles.
Sec. 18.70.330. Creation.
(a) There is created in the Department of Public Safety the Alaska Fire Standards Council.
(b) The council consists of the following persons:
(1) Two chief administrative officers or fire chiefs; only one person appointed under this paragraph may be from a fire department that consists entirely of paid employees;
(2) the state fire marshal or a designee of the state fire marshal;
(3) four representatives of firefighters, including at least one member of the Alaska State Firefighters Association nominated under (c) of this section and at least one member of the Alaska Professional Fire Fighters Association nominated under (c) of this section; a person appointed under this paragraph may not, while serving on the council, be a fire chief;
(4) two volunteer firefighters, one from a community with a population of 2,500 or less and one from a community with a population greater than 2,500;
(5) two members of the public at large with at least one member from a community with a population of 2,500 or less;
(6) one member of the Alaska Fire Chiefs Association nominated under (c) of this section.
(c) The governor shall appoint members of each association named in (b) of this section from a list of at least three nominees submitted by each association. The governor may reject a list submitted under this subsection and request that another list be submitted.
Sec. 18.70.340. Appointment; meetings; expenses.
(a) The state fire marshal or a designee shall serve on the council during each state fire marshal’s continuance in office. Other members of the council shall be appointed by the governor for staggered terms of four years, except that a member may not serve beyond the time the member holds the office that established eligibility for appointment. Membership on the council does not disqualify a member from holding another public office or employment. The council shall select its chair and vice-chair annually.
(b) The council shall meet at least twice a year. The chair shall set the time and place of the meeting, either on the chair’s own motion or on written request by three members of the council. The council is encouraged to meet electronically.
(c) The members of the council do not receive a salary for service on the council, but are entitled to per diem and travel expenses authorized by law for other boards and commissions under AS 39.20.180.
Sec. 18.70.350. Powers.
The council may
(1) adopt regulations for the administration of AS 18.70.320 — 18.70.369, including regulations
(A) establishing minimum training and performance standards for certification of fire services personnel that are consistent with the standards of the National Fire Protection Association or other applicable standards;
(B) establishing minimum fire training curriculum requirements for certification of training programs that are designed to enable trainees to meet the standards established under (A) of this paragraph;
(C) governing the procedure for certification of fire services training programs that meet the minimum curriculum requirements adopted under this section;
(D) governing the procedure for certification of individuals who satisfy the minimum training and performance standards established under this section; and
(E) governing the procedure for revocation of the certificate of a person or program that, having been issued a certificate under this section, fails at a later date to meet the standards adopted by the council under this section; the procedures must be consistent with AS 44.62 (Administrative Procedure Act);
(2) consult and cooperate with municipalities, agencies of the state, other governmental agencies, universities, colleges, and other institutions concerning the development of fire services training schools and programs offered in the state;
(3) employ an administrator and other persons necessary to carry out its duties; and
(4) charge and collect fees determined by the council to be necessary.
Sec. 18.70.355. Certification optional.
Nothing in AS 18.70.320 — 18.70.369 may be construed to prohibit a person from performing fire services without a certificate issued by the council. However, an entity for whom a person performs fire services as an employee or volunteer may require that the person be certified by the council or attend training programs that are certified by the council.
Sec. 18.70.360. Alaska fire services personnel fund.
The Alaska fire services personnel fund is created in the general fund. The fund consists of appropriations made by the legislature to the fund. The council may use the money in the fund to carry out its powers and duties.
Sec. 18.70.369. Definitions.
In AS 18.70.320 — 18.70.369,
(1) “council” means the Alaska Fire Standards Council established under AS 18.70.330;
(2) “fire services” means fire prevention services, fire suppression services, fire suppression support services, or training or educational services related to fire prevention or fire suppression that are performed by an employee of or volunteer with an organized fire service;
(3) “organized fire service” means a group of persons organized and trained for prevention and control of loss of life and property from fire, except that the term does not include groups of persons regulated under AS 18.65 or persons regulated under AS 18.08 who are performing within the scope of their certificates acquired under those chapters.
Sec. 18.70.900. Definition of building.
In this chapter, “building” means a structure, installation, facility, or edifice erected or in the process of being erected and that is used or intended for use as a commercial, industrial, business, institutional, other public building, or residential building containing four or more dwelling units.
Chapter 72. State Regulation of Fireworks.
Sec. 18.72.010. Regulation of sale of dangerous fireworks. (a) The sale or offer to sell dangerous fireworks at wholesale or retail for any purpose other than industrial, agricultural, wildlife control, or public display is prohibited.
(b) A person desiring to use dangerous fireworks for industrial, agricultural, wildlife control, or public display purposes shall first comply with the permit requirements of the fire safety code.
(c) All dangerous fireworks shall be purchased from a fireworks wholesaler licensed as such in this state. A fireworks wholesaler may not sell dangerous fireworks to anyone unless the wholesaler has a currently valid permit required by the fire safety code, the number of which shall be affixed to each record of sale by the fireworks wholesaler and maintained as a permanent record of the sale.
Sec. 18.72.020. Regulation of sale of salable fireworks.
(a) A person holding a permit required by the fire safety code may sell or offer for sale salable fireworks if
(1) the person has submitted to the state fire marshal a policy, or a certified true copy of a policy, of public liability and products liability insurance, including both accident and occurrence coverage, provided by the wholesale company selling fireworks to the person, in the amount of at least $200,000 for bodily injury or death and at least $50,000 property damage and the person is named as an insured party upon the policy and the policy is continuously in force while the person is engaged in the retail sale of fireworks; and
(2) an endorsement fee of $10 is paid to the state fire marshal for an endorsement that is valid for two years or portions of two years during which the permit holder is engaged in the retail sale of fireworks.
(b) Upon approval of the insurance required in (a) of this section, the permit of the holder shall be endorsed by the state fire marshal to indicate the holder’s right to sell fireworks at retail, and shall indicate an expiration of the authority. The expiration date shall coincide with the expiration date of the permit holder’s liability insurance.
Sec. 18.72.030. Fireworks wholesaler’s license.
(a) A person who desires to sell fireworks at wholesale in the state shall first make verified application for a license to the state fire marshal on forms provided by the state fire marshal. The forms must require the applicant to supply the applicant’s social security number if the applicant is a natural person. The application shall be accompanied by an annual license fee of $50.
(b) The license required under (a) of this section is valid until December 31 of the year during which it is issued and is renewable upon
(1) the payment of each subsequent annual license fee and affirmation that the information contained in the wholesaler’s original application for a fireworks wholesaler’s license is currently accurate; and
(2) supplying the wholesaler’s social security number if it has not previously been supplied under (a) of this section and if the wholesaler is a natural person.
Sec. 18.72.040. Criminal penalty.
A person who recklessly fails to comply with a provision of this chapter or fireworks regulations adopted in the fire safety code is guilty of a class B misdemeanor. Each day of noncompliance constitutes a separate offense. In this section, “recklessly” has the meaning given in AS 11.81.900.
Sec. 18.72.050. [Renumbered as AS 18.72.100.]
Sec. 18.72.060. Municipal regulation of fireworks.
This chapter and fireworks regulations adopted under the fire safety code supersede the provisions of an ordinance adopted by a city or borough, whether before or after May 23, 1969, that are less restrictive than this chapter or the code. However, nothing in this section affects the authority of a city or organized borough under other law to prohibit or regulate more restrictively than this chapter the offering for sale, exposure for sale, sale, use, or explosion of fireworks.
Sec. 18.72.100. Definitions.
In this chapter and fireworks regulations adopted in the state fire safety code,
(1) “dangerous fireworks” includes all fireworks that are not defined as salable fireworks;
(2) “fire safety code” means the fire safety code of the state adopted and administered by the division of fire prevention of the Department of Public Safety;
(3) “fireworks” means salable fireworks or dangerous fireworks;
(4) “salable fireworks” are 1.4 G fireworks, as defined by the National Fire Protection Association, and, more specifically, shall include and be limited to the following:
(A) roman candles, not exceeding 10 balls spaced uniformly in the tube, total pyrotechnic composition not to exceed 20 grams each in weight, any inside tube diameter not to exceed 3/8 inch;
(B) skyrockets with sticks, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch, with the rocket sticks being securely fastened to the tubes;
(C) helicopter type rockets, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch;
(D) cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight, and the inside tube diameter not to exceed 3/4 inch;
(E) cone fountains, total pyrotechnic composition not to exceed 50 grams each in weight;
(F) wheels, total pyrotechnic composition not to exceed 60 grams for each driver unit or 240 grams for each complete wheel, and the inside tube diameter of driver units not to exceed 1/2 inch;
(G) illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 100 grams each in weight;
(H) dipped sticks, the pyrotechnic composition of which contains chlorate or perchlorate, that do not exceed five grams, and sparklers, the composition of which does not exceed 100 grams each and that contains no magnesium or magnesium and a chlorate or perchlorate;
(I) mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed 40 grams each in weight;
(J) firecrackers with soft casings, the external dimensions of which do not exceed one and one-half inches in length or one-quarter inch in diameter, total pyrotechnic composition not to exceed two grains each in weight;
(K) novelties consisting of two or more devices enumerated in this paragraph when approved by the Bureau of Explosives.
Chapter 74. Cigarette Fire Safety.
Sec. 18.74.010. Requirement for sale. Except as provided by AS 18.74.060, a person may not sell or offer to sell cigarettes in this state, or sell or offer to sell cigarettes to another person located in this state, unless
(1) the cigarettes are tested under
(A) AS 18.74.030 and satisfy the performance standard in AS 18.74.030(d); or
(B) AS 18.74.040 and satisfy an alternative performance standard under AS 18.74.040;
(2) the cigarettes have been marked as required by AS 18.74.130; and
(3) a certification has been submitted by the manufacturer of the cigarettes under AS 18.74.080.
Sec. 18.74.030. Testing of cigarettes.
(a) Cigarettes shall be tested under
(1) the ASTM International Standard E2187-04, entitled “Standard Test Method for Measuring the Ignition Strength of Cigarettes”; or
(2) a test method established under (b) of this section.
(b) The state fire marshal may adopt an ASTM International standard test method that is adopted by the American Society of Testing and Materials after the standard test method identified under (a) of this section if the state fire marshal finds that the method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns that the same cigarette would exhibit when tested under
(1) the standard test method identified under (a)(1) of this section; and
(2) the criteria established under (c) and (d) of this section.
(c) The testing under this section shall be conducted on 10 layers of filter paper. A complete test trial consists of 40 replicate tests of each cigarette. The performance standard required by (d) of this section may only be applied to a complete test trial.
(d) When tested under this section, not more than 25 percent of the cigarettes tested in a test trial may exhibit full-length burns.
Sec. 18.74.040. Alternative test methods.
(a) If the state fire marshal determines that cigarettes cannot be tested by a test method established in AS 18.74.030(a), a manufacturer of the cigarettes shall propose an alternative test method and performance standard for the cigarettes to the state fire marshal. On approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed by AS 18.74.030(d), the manufacturer may employ the proposed alternative test method and performance standard to certify the cigarette under AS 18.74.080.
(b) Unless the state fire marshal demonstrates a reasonable basis why the alternative test method should not be accepted under this chapter, the state fire marshal shall authorize a manufacturer to use an alternative test method and performance standard to certify cigarettes for sale in this state if the state fire marshal
(1) determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter; and
(2) finds that the officials responsible for implementing those requirements have approved a proposed alternative test method and performance standard for particular cigarettes proposed by a manufacturer as meeting the fire safety standards of that state’s law under a legal provision comparable to this section.
(c) All other applicable requirements of this chapter apply to the manufacturer of the cigarettes tested under this section.
Sec. 18.74.050. Testing laboratories.
(a) Testing of cigarettes under this chapter shall be performed by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or by another comparable accreditation standard required by the state fire marshal.
(b) A laboratory that conducts cigarette testing under this chapter shall implement a quality control and quality assurance program that ensures the repeatability of the testing results. The repeatability value may not be greater than 0.19. In this subsection,
(1) “quality control and quality assurance program” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing quality control program;
(2) “repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
Sec. 18.74.060. Testing for another purpose.
AS 18.74.030 and 18.74.040 do not require cigarettes to be tested if the cigarettes are tested for another purpose and the testing is consistent with this chapter.
Sec. 18.74.065. Testing by state fire marshal.
The state fire marshal may perform testing of cigarettes to determine compliance with this chapter. If the state fire marshal or a contractor of the state fire marshal performs testing to determine a cigarette’s compliance with the performance standard in AS 18.74.030(d) or an alternative performance standard under AS 18.74.040, the testing shall be performed under this chapter.
Sec. 18.74.070. Maintenance of records.
A manufacturer shall keep for three years copies of the reports of all tests conducted on all cigarettes offered for sale. The manufacturer shall make copies of those reports available to the state fire marshal and the attorney general on written request.
Sec. 18.74.080. Certification requirement.
(a) A manufacturer shall submit to the state fire marshal a certification that each cigarette listed in the certification has been tested under AS 18.74.030 and satisfies the performance standard in AS 18.74.030(d), or has been tested under AS 18.74.040 and satisfies an alternative performance standard under AS 18.74.040.
(b) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the performance standard under AS 18.74.030(d) or an alternative performance standard under AS 18.74.040, the cigarette may not be sold or offered for sale in this state or sold to a person located in this state until the manufacturer retests the cigarette under AS 18.74.030 or 18.74.040, the cigarette meets the performance standard under AS 18.74.030(d) or the alternative performance standard under AS 18.74.040, and the manufacturer maintains records of the retesting under AS 18.74.070.
(c) For each cigarette listed in a certification submitted under (a) of this section, a manufacturer shall pay to the state fire marshal a fee of $250. The state fire marshal may adjust this fee annually to ensure that it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter.
(d) Each cigarette certified under this section shall be recertified every three years.
Sec. 18.74.090. Contents of certification.
The certification required by AS 18.74.080 must provide the following information for each cigarette listed in the certification:
(1) the brand or trade name on the package;
(2) the style, such as “light” or “ultra-light”;
(3) the length in millimeters;
(4) the circumference in millimeters;
(5) the flavor, if applicable;
(6) whether the cigarette is filtered or nonfiltered;
(7) a description of the package;
(8) the marking approved under AS 18.74.120;
(9) the name, address, and telephone number of the laboratory that conducted the test, if different than the manufacturer who conducted the test; and
(10) the date that the testing occurred.
Sec. 18.74.100. Banding requirement.
Each cigarette listed in a certification submitted under AS 18.74.080 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in AS 18.74.030(d) must have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band must be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there must be at least two bands fully located at least
(1) 15 millimeters from the lighting end; and
(2) 10 millimeters from
(A) the filter end of the tobacco column; or
(B) the labeled end of the tobacco column of a nonfiltered cigarette.
Sec. 18.74.110. Availability of certifications.
The certification required by AS 18.74.080 shall be made available to the attorney general for purposes consistent with this chapter and to the department for the purpose of ensuring compliance with AS 18.74.080.
Sec. 18.74.120. Packaging marking approval.
(a) Before submitting a certification of a cigarette under AS 18.74.080, a manufacturer shall present its proposed packaging marking to the state fire marshal for approval. The state fire marshal shall approve or disapprove the proposed packaging marking. Proposed packaging marking shall be considered approved if the state fire marshal fails to act within 10 business days after receiving a request for approval.
(b) Notwithstanding AS 18.74.130, the state fire marshal shall give a preference to proposed packaging marking for a cigarette that is in use and approved for the cigarette under the fire safety standards for cigarettes established by the law of the state of New York, unless the state fire marshal demonstrates a reasonable basis why the proposed packaging marking should not be approved under this chapter.
(c) Notwithstanding AS 18.74.130, the state fire marshal shall approve the use of the letters “FSC” for “fire standards compliant” on proposed packaging marking to indicate that the cigarettes comply with the performance standard in AS 18.74.030(d) or an alternative performance standard under AS 18.74.040.
(d) A manufacturer may not change its approved packaging marking unless the state fire marshal has approved the modification under this section.
(e) A wholesale dealer, an agent, and a retail dealer shall permit the state fire marshal, the department, the attorney general, and the employees of those persons to inspect packaging markings of cigarettes.
Sec. 18.74.130. Marking of cigarette packaging.
(a) The packaging containing a brand and style of cigarette that a manufacturer certifies under AS 18.74.080 must be marked to indicate compliance with the requirements of this chapter. The packaging marking must be in eight-point type or larger and consist of
(1) a modification of the universal product code to include a visible mark printed at or around the area of the code; the mark may consist of alphanumeric or symbolic characters and must be permanently stamped, engraved, embossed, or printed in conjunction with the universal product code;
(2) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed on the package or wrapping; or
(3) printed, stamped, engraved, or embossed text on the cigarette package that indicates that the cigarettes satisfy the requirements of this chapter.
(b) A manufacturer shall use only one packaging marking and apply that packaging marking uniformly to all packaging and to all brands marketed by the manufacturer for sale in this state.
Sec. 18.74.150. Copies.
A manufacturer who certifies a cigarette under AS 18.74.080 shall provide a copy of the certification to each wholesale dealer and agent to whom the manufacturer sells the cigarette. The manufacturer shall also provide the wholesale dealer and agent with sufficient copies of an illustration of the cigarette packaging markings used by the manufacturer under AS 18.74.130 for each retail dealer to whom the wholesale dealer or agent sells cigarettes. A wholesale dealer or an agent shall provide a copy of the cigarette packaging markings received from a manufacturer to each retail dealer to whom the wholesale dealer or agent sells cigarettes.
Sec. 18.74.160. Penalties for violations.
(a) A manufacturer, a wholesale dealer, an agent, or another person who knowingly sells or offers to sell cigarettes other than through retail sale and in violation of AS 18.74.010 is subject to a civil penalty not to exceed
(1) $10,000 for a first violation;
(2) $25,000 for each violation that is not a first violation.
(b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of AS 18.74.010 is subject, for each sale or offer to sell, to a civil penalty not to exceed
(1) $500 for a first violation in which the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes;
(2) $2,000 for each violation that is not a first violation and in which the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes;
(3) $1,000 for a first violation in which the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes;
(4) $5,000 for a violation that is not a first violation and in which the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes.
(c) The penalties against
(1) one manufacturer, wholesale dealer, agent, or other person under (a) of this section may not exceed $100,000 for violations occurring during a 30-day period; or
(2) one retail dealer under (b) of this section may not exceed $25,000 for violations occurring during a 30-day period.
(d) In addition to any other penalty prescribed by law, a person engaged in the manufacture of cigarettes who knowingly makes a false certification under AS 18.74.080 is subject to a civil penalty of at least $75,000 for a first violation and a civil penalty not exceeding $250,000 for each violation that is not a first violation.
(e) A manufacturer who fails to make copies of reports available under AS 18.74.070 within 60 days after receiving a written request from the state fire marshal or the attorney general is subject to a civil penalty not to exceed $10,000 for each day after the 60th day that the manufacturer does not make the copies available.
(f) If a person violates a provision of this chapter and a civil penalty is not set for the violation, the person is subject to a civil penalty not to exceed $1,000 for a first violation and a civil penalty not exceeding $5,000 for each violation that is not a first violation.
Sec. 18.74.180. Separate accounting.
The fee received under AS 18.74.080(c) and the civil penalties imposed under AS 18.74.160 shall be deposited into the general fund and separately accounted for under AS 37.05.142. The legislature may appropriate the money accounted for under this section to the fire prevention and public safety fund established under AS 18.74.210.
Sec. 18.74.190. Seizure of cigarettes.
(a) If a person is offering for sale or has made a sale of cigarettes in violation of AS 18.74.010, the state fire marshal, the department, or a law enforcement agency shall seize and, subject to (b) of this section, dispose of the cigarettes.
(b) Before disposal of cigarettes under (a) of this section, the state fire marshal or the department shall
(1) provide the person from whom the cigarette was seized with notice of the seizure and an opportunity for a hearing regarding the seizure; and
(2) permit the holder of the trademark rights in the cigarette brand to inspect the cigarettes.
Sec. 18.74.200. Other remedies.
In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action in superior court for a violation of this chapter, including an action for injunctive relief or to recover costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation. Each violation of this chapter or of the regulations adopted under this chapter constitutes a separate cause of action for which the state fire marshal or attorney general may obtain relief.
Sec. 18.74.210. Fire prevention and public safety fund.
(a) The fire prevention and public safety fund is established. The fund consists of appropriations made to the fund.
(b) The purpose of the fund is to pay the expenses of the state fire marshal and the department for implementing and enforcing this chapter.
(c) Money appropriated to the fund may be spent for the purposes of the fund without further appropriation. Money appropriated to the fund does not lapse.
Sec. 18.74.220. Implementation.
The substance of the fire safety standards for cigarettes established by the law of the state of New York and the implementation of these standards by the state of New York shall be persuasive authority in the implementation of this chapter by the state fire marshal and the attorney general.
Sec. 18.74.230. Review by state fire marshal.
The state fire marshal shall review the effectiveness of this chapter, report the state fire marshal’s findings to the legislature every three years on or by January 30 of the reporting year, and, if appropriate, recommend legislation to improve the effectiveness of this chapter.
Sec. 18.74.240. Regulations.
The state fire marshal may adopt regulations to implement this chapter.
Sec. 18.74.250. Inspections.
(a) The department may inspect cigarettes held by wholesale dealers, agents, and retail dealers to determine if the cigarettes are marked as required by AS 18.74.120 and 18.74.130. If the cigarettes are not marked as required, the department shall notify the state fire marshal.
(b) To determine compliance with this chapter, the state fire marshal and the attorney general may examine the books, papers, invoices, and other records of a person who possesses, controls, or occupies premises where cigarettes are placed, stored, sold, or offered for sale, and the stock of cigarettes on the premises.
(c) A person who possesses, controls, or occupies premises where cigarettes are placed, sold, or offered for sale shall allow the state fire marshal and the attorney general to make the inspections authorized by this section.
Sec. 18.74.260. Sale outside the state.
This chapter may not be interpreted to prohibit a person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and the person has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state.
Sec. 18.74.270. Regulation by municipality.
Notwithstanding any other provision of law, a municipality may not enact or enforce an ordinance or another law of the municipality that conflicts with this chapter.
Sec. 18.74.280. Relationship to federal law.
This chapter does not apply if a federal law is enacted that establishes a reduced cigarette ignition propensity standard and preempts this chapter.
Sec. 18.74.290. Definitions.
In this chapter,
(1) “agent” means a person authorized by the department to purchase and affix stamps on packages of cigarettes under AS 43.50.500 — 43.50.700;
(2) “cigarette” means a roll for smoking of any size or shape, made wholly or in part of tobacco, whether or not the tobacco is flavored, adulterated, or mixed with another ingredient, if the wrapper or cover of the roll is made of paper or a material other than tobacco;
(3) “department” means the Department of Revenue;
(4) “manufacturer” means
(A) a person who manufactures or otherwise produces cigarettes, or causes cigarettes to be manufactured or produced anywhere, if the manufacturer intends the cigarettes to be sold in this state, including cigarettes intended to be sold in the United States through an importer;
(B) the first purchaser anywhere who intends to resell in the United States cigarettes that are manufactured anywhere and that the original manufacturer or maker does not intend to be sold in the United States; or
(C) a person who becomes a successor of a person described in (A) or (B) of this paragraph;
(5) “retail dealer” means a person, other than a manufacturer or wholesale dealer, who sells cigarettes or tobacco products;
(6) “sale” or “sell” means a sale, exchange, barter, and any other manner of transferring the ownership of personal property;
(7) “wholesale dealer” means a person who
(A) sells cigarettes or tobacco products to retail dealers or other persons for resale; and
(B) owns, operates, or maintains cigarette or tobacco vending machines in, at, or on premises owned or occupied by another person.
Chapter 75. Licensing and Control of Dogs.
Sec. 18.75.010. Extension of dog control ordinances. [Repealed, § 9 ch 109 SLA 1966.] Secs. 18.75.020 — 18.75.030. Dog tags; enforcement. [Repealed, § 1 ch 118 SLA 1972.]
Sec. 18.75.040. [Renumbered as AS 03.55.070.]
Secs. 18.75.050 — 18.75.060. Enforcement; exemption. [Repealed, § 1 ch 118 SLA 1972.]
Chapter 76. Alaska Avalanche Warning System.
Sec. 18.76.010. Participation in statewide avalanche warning system. The Department of Public Safety, acting in cooperation with a municipality or with an agency of the federal government, shall participate in the development and implementation of a statewide avalanche warning system and shall represent the state in the operation of that system. The statewide system shall
(1) establish and maintain a service center and primary and supplementary field stations to gather information and data concerning ground weather conditions, snow pack, and avalanche activity;
(2) forecast snow avalanche conditions throughout the state;
(3) coordinate a public awareness program on avalanche danger;
(4) catalog a comprehensive atlas of avalanche paths and slide occurrences; and
(5) assist local governments and state agencies in identifying hazardous avalanche zones and in developing snow avalanche zoning regulations.
Chapter 80. State Commission for Human Rights.
Sec. 18.80.010. Creation.
There is created in the office of the governor a State Commission for Human Rights.
Sec. 18.80.020. Composition and appointment.
The commission consists of seven commissioners, appointed by the governor for staggered terms of five years, and confirmed by the legislature.
Sec. 18.80.030. Chairman of commission.
The commission shall elect one of its members as chairman.
Sec. 18.80.040. Commission meetings.
The commission shall hold a regular annual meeting and shall hold special meetings as necessitated by AS 18.80.120.
Sec. 18.80.050. Regulations.
(a) The commission shall adopt procedural and substantive regulations necessary to implement this chapter.
(b) The commission shall adopt regulations relating to discrimination because of physical and mental disability. The regulations must furnish guidance concerning the circumstances under which it is necessary to make a reasonable accommodation for a physically or mentally disabled person when providing employment, financing or credit, public accommodations, the sale or rental of real property, or other goods, services, facilities, advantages, or privileges under this chapter.
Sec. 18.80.060. Powers and duties of the commission.
(a) In addition to the other powers and duties prescribed by this chapter, the commission shall
(1) appoint an executive director approved by the governor;
(2) hire other administrative staff as may be necessary to the commission’s function;
(3) exercise general supervision and direct the activities of the executive director and other administrative staff;
(4) accept complaints under AS 18.80.100;
(5) study the problems of discrimination in all or specific fields of human relationships, foster through community effort or goodwill, cooperation and conciliation among the groups and elements of the population of the state, and publish results of investigations and research as in its judgment will tend to eliminate discrimination because of race, religion, color, national ancestry, physical or mental disability, age, sex, marital status, changes in marital status, pregnancy, or parenthood;
(6) make an overall assessment, at least once every three years, of the progress made toward equal employment opportunity by every department of state government; results of the assessment shall be included in the annual report made under AS 18.80.150.
(b) In addition to other powers and duties prescribed by this chapter, the commission may
(1) delegate to the executive director all powers and duties given it by this chapter except the duties and powers given it by AS 18.80.120 and 18.80.130;
(2) call upon the departments and agencies of the state, with the approval of the governor, for cooperation and assistance in carrying out this chapter;
(3) hold hearings under AS 18.80.120;
(4) establish the amount and manner of payment of fees for educational services, information, and materials that the commission provides to public and private organizations and other persons.
(c) A commissioner or an employee authorized by the commission may administer oaths, certify to all official acts, and issue subpoenas, subpoenas duces tecum, and other process to compel the attendance of witnesses and the production of testimony, records, papers, accounts, and documents in any inquiry, investigation, hearing, or proceeding before the commission in the state. The commission, a commissioner, or an employee authorized by the commission may petition a court of this state to enforce its subpoenas, subpoenas duces tecum, and other process.
Sec. 18.80.070. Compensation.
The members of the commission are authorized per diem and travel allowances allowable to members of other boards and commissions.
Sec. 18.80.075. Legal counsel.
(a) The attorney general is the legal counsel for the commission. The attorney general shall advise the commission in legal matters arising in the discharge of its duties, shall assist in the preparation and presentation of complaints to the commission, and shall represent the commission in legal actions to which it is a party.
(b) The commission may employ temporary legal counsel for proceedings before the commission and court actions involving the commission in which proceedings or actions the attorney general is representing another agency of the state government.
Sec. 18.80.100. Complaint; withdrawal.
(a) A person who is aggrieved by a discriminatory practice prohibited by this chapter may sign and file with the commission a written, verified complaint stating the name and address of the person alleged to have engaged in the discriminatory practice, and the particulars of the discrimination. A complainant may withdraw the complaint at any time before the service of an accusation under AS 18.80.120. A withdrawal must be signed by the complainant and be in writing. A withdrawal does not limit the discretion of the executive director provided in (b) of this section.
(b) The executive director may file a complaint in the manner provided in (a) of this section when a discriminatory practice comes to the attention of the executive director.
Sec. 18.80.105. Temporary restraining order.
At any time after a complaint is filed under AS 18.80.100, alleging an unlawful discriminatory practice, the commission may file a petition in the superior court in the judicial district in which the subject of the complaint occurs, or in the judicial district in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court has the power to grant the temporary relief or restraining order it considers just and proper; however, no relief or order extending beyond 10 days may be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in discriminatory practices.
Sec. 18.80.110. Investigation and conciliation.
The executive director or a member of the commission’s staff designated by the executive director shall informally investigate the matters set out in a filed complaint, promptly and impartially. If the investigator determines that there is substantial evidence of an unlawful discriminatory practice under this chapter, the investigator shall immediately try to eliminate or remedy the discriminatory practice through an agreement reached by conference, conciliation, and persuasion. If an agreement is reached, it must be reduced to writing and signed by the complainant, executive director, and respondent. The agreement is binding and enforceable under this chapter as an order of the commission. An agreement reached under this section may include the compromise of damages authorized under this chapter.
Sec. 18.80.112. Dismissal of complaint without prejudice.
(a) If an investigation of a complaint under AS 18.80.110 fails to discover substantial evidence of an unlawful discriminatory practice under this chapter, the executive director shall issue an order dismissing the complaint without prejudice.
(b) At any time before the issuance of an accusation under AS 18.80.120, the executive director may dismiss without prejudice a complaint if the executive director determines that
(1) the complainant’s objection to a proposed agreement under AS 18.80.110 is unreasonable;
(2) the complainant is unavailable or unwilling to participate in a hearing;
(3) relief is precluded by the absence of the person alleged to have engaged in the discriminatory practice;
(4) the person aggrieved by the discriminatory practice has initiated or has notified in writing the commission of the intent to initiate an action or proceeding in another forum based on the same facts;
(5) a hearing will not represent the best use of commission resources;
(6) a hearing will not advance the purposes stated in AS 18.80.200; or
(7) the probability of success of the complaint on the merits is low.
(c) The commission, in its discretion, may, but is not required to, review the executive director’s order of dismissal under (a) or (b) of this section and may affirm the order, remand the complaint for further investigation, or, if the commission concludes that substantial evidence supports the complaint of an unlawful discriminatory practice, refer the complaint for conference, conciliation, and persuasion as provided in AS 18.80.110, or for hearing.
(d) Dismissal under this section does not prevent a complainant from
(1) initiating an action or proceeding in another forum; or
(2) filing a new complaint under AS 18.80.100 that resolves the grounds for the dismissal under this section.
Sec. 18.80.115. Confidential information.
Except as provided in AS 18.80.105, the commission may not make public the name of a person initiating a complaint or a person alleged to have committed an act or practice declared unlawful in this chapter during an investigation conducted by the commission under AS 18.80.110. The records of investigation and information obtained by the commission during an investigation under AS 18.80.110 are confidential and may not be made available by the commission for inspection by the public. However, the records and information compiled by the commission during an investigation shall be available to the complainant or respondent (1) at least 10 days before a hearing is held under AS 18.80.120 or upon receipt by the complainant or respondent under AS 18.80.120 of a notice of failure of conciliation under AS 18.80.110, whichever occurs earlier; and (2) in accordance with the rules of discovery if an action relating to the charge is commenced in court. In addition, the commission may issue public statements describing or warning of a course of conduct that constitutes or will constitute an unlawful practice under this chapter, and the commission may also make information public if necessary to perform its duties or exercise its powers under AS 18.80.105 and 18.80.120 — 18.80.145.
Sec. 18.80.120. Hearing.
(a) If no agreement is reached under AS 18.80.110 and the executive director determines to refer the complaint for hearing, the executive director shall issue an accusation based on the investigator’s determination of substantial evidence and serve the person charged in the accusation and the complainant with notice of the referral and a copy of the accusation. The executive director’s decision to refer the complaint to hearing is not reviewable by the commission under this chapter. The location of the hearing is the commission office unless the commission designates another location. The executive director, or the executive director’s designee, shall present the case in support of the accusation before the commission. The person charged in the accusation may file a written answer and may appear at the hearing, with or without counsel, and submit evidence.
(b) The commission shall request the chief administrative law judge to appoint, under AS 44.64.020, an administrative law judge employed or retained by the office of administrative hearings to preside over a hearing conducted under this section. AS 44.64.040 — 44.64.055, 44.64.070 — 44.64.200, and the procedures in AS 44.62.330 — 44.62.630 (Administrative Procedure Act) apply to the hearing except as otherwise provided in this chapter.
(c) An accusation may be reasonably and fairly amended by the commission. An amendment to name a different discriminatory practice must be supported by substantial evidence, and the discriminatory practice must be referred for conference, conciliation, and persuasion as provided in AS 18.80.110, before a hearing may proceed.
(d) In a hearing on an accusation, each element of an accusation or defense must be proven by a preponderance of the evidence.
(e) At any time after the issuance of an accusation, the executive director or the person charged in the accusation may petition for a summary decision on the accusation. The commission shall grant a petition if, after a reasonable opportunity for discovery, the record shows that there is no genuine issue of material fact and the petitioner is entitled to an order under AS 18.80.130 as a matter of law.
Sec. 18.80.130. Order; interest rate.
(a) At the completion of the hearing or after consideration of a petition for summary decision under AS 18.80.120(e), if the commission finds that a person charged in an accusation has engaged in the discriminatory practice alleged in the accusation, it shall order the person to refrain from engaging in the discriminatory practice. The order must include findings of fact and may order the person to take affirmative action to correct the discriminatory practice. The commission may not order an award of noneconomic or punitive damages in a case. In a case involving a discriminatory practice in
(1) employment, the commission may order any appropriate relief, including one or more of the following: training of an employer, labor organization, or employment agency, and its employees concerning discriminatory practices; an accommodation for a person with a disability; removal of or changes to a personnel record; posting of signs; back pay; the hiring, reinstatement, or upgrading of an employee with or without back pay; the payment of front pay for a period of not more than one year if hiring, reinstatement, or upgrading of an employee is inappropriate because a vacancy does not exist, the employer’s discriminatory practice rendered the employee incapable of returning to work, or the relationship between the employer and employee has so deteriorated as to make working conditions intolerable; restoration to membership in a labor organization; admission to or participation in an apprenticeship training program, on-the-job training program, or other retraining program; or restoration of seniority; however, an order for back pay or front pay must be reduced by the amount the employee could have earned or could earn by making reasonably diligent efforts to obtain similar employment;
(2) housing, the commission may order the sale, lease, or rental of the housing accommodation to the aggrieved person if it is still available, or the sale, lease, or rental of a like accommodation owned by the person charged in the accusation if one is still available, or the sale, lease, or rental of the next vacancy in a like accommodation, owned by the person charged in the accusation; the commission may award actual damages, which shall include the expenses incurred by the complainant for obtaining alternative housing or space; for storage of goods and effects; and for moving and other costs actually incurred as a result of the unlawful practice or violation.
(b) The order may require a report on the manner of compliance.
(c) If the commission finds that a person charged in an accusation has not engaged in the discriminatory practice alleged in the accusation, it shall issue and cause to be served on the complainant an order dismissing the complaint.
(d) A copy of the order shall be filed in all cases with the attorney general of this state.
(e) The commission may order payment of reasonable expenses, including reasonable attorney fees to any private party before the commission when the commission, in its discretion, determines the allowance is appropriate.
(f) The interest rate for an award under this section is determined in the manner provided in AS 09.30.070.
Sec. 18.80.135. Judicial review and enforcement.
(a) A complainant, or person against whom a complaint is filed or other person aggrieved by an order of the commission, may obtain judicial review of the order in accordance with AS 44.62.560 — 44.62.570.
(b) The commission may obtain a court order for the enforcement of any of its orders by filing a complaint with the superior court in the judicial district in which the unlawful practice is alleged to have occurred.
Sec. 18.80.140. Effect of compliance with order.
Immediate and continuing compliance with all the terms of a commission order is a bar to criminal prosecution for the particular instances of discriminatory practice described in the accusation issued under AS 18.80.120.
Sec. 18.80.145. Intervention by State Commission for Human Rights.
(a) When an action is brought under AS 22.10.020(i), the plaintiff shall serve a copy of the complaint on the commission. Upon timely application, the commission may intervene as a party to the action as a matter of right. If the commission certifies in writing to the court that it is presently investigating or actively dealing with the act, practice, or policy of the defendant giving rise to the cause of action, the court shall, at the request of the commission, defer proceedings for a period of not more than 45 days or such extended period as the court may allow; except that the court may enter an order or injunction if necessary to prevent irreparable injury to the plaintiff.
(b) If, within the period allowed, a hearing is conducted and a decision is reached under AS 18.80.120 and 18.80.130, the decision of the commission is binding on the parties to the court action as to all issues resolved in the hearing but not as to any issues not resolved in the hearing.
(c) When proceedings in the superior court are deferred for a hearing and decision under this section, the plaintiff may proceed, after the decision of the commission, as an aggrieved party for the purpose of obtaining judicial review under AS 18.80.135, whether or not the person was a party to, or complainant in, the administrative proceedings.
(d) If the commission does not intervene or file a certificate and conduct a hearing as provided in this section, the court has complete jurisdiction of the case, notwithstanding the provisions of AS 18.80.280.
Sec. 18.80.150. Annual report.
The commission shall report annually to the governor on civil rights problems it has encountered in the preceding year, and may recommend legislative action. The commission shall provide the Legislative Affairs Agency with 40 copies of the report during the week preceding the convening of the annual legislative session for library distribution. The commission shall make copies of the report available to the public and notify the legislature that the report is available.
Sec. 18.80.160. Informative publications.
The commission may prepare and distribute pamphlets and press releases to inform the public of its constitutional and statutory civil rights. The commission shall submit proposed publications to the Department of Law for a review of legal accuracy.
Sec. 18.80.200. Purpose.
(a) It is determined and declared as a matter of legislative finding that discrimination against an inhabitant of the state because of race, religion, color, national origin, age, sex, physical or mental disability, marital status, changes in marital status, pregnancy, or parenthood is a matter of public concern and that this discrimination not only threatens the rights and privileges of the inhabitants of the state but also menaces the institutions of the state and threatens peace, order, health, safety, and general welfare of the state and its inhabitants.
(b) Therefore, it is the policy of the state and the purpose of this chapter to eliminate and prevent discrimination in employment, in credit and financing practices, in places of public accommodation, in the sale, lease, or rental of real property because of race, religion, color, national origin, sex, age, physical or mental disability, marital status, changes in marital status, pregnancy or parenthood. It is also the policy of the state to encourage and enable physically and mentally disabled persons to participate fully in the social and economic life of the state and to engage in remunerative employment. It is not the purpose of this chapter to supersede laws pertaining to child labor, the age of majority, or other age restrictions or requirements.
(c) Nothing in this chapter is intended to prohibit a private employer from granting an employment preference to a member of the national guard or a veteran when hiring an employee. In this subsection,
(1) “member of the national guard” means a person presently serving as a member in good standing in the national guard;
(2) “veteran” means a person who was discharged under honorable conditions from service in
(A) the armed forces of the United States;
(B) a reserve unit of the armed forces of the United States;
(C) the Alaska Territorial Guard;
(D) the Alaska Army National Guard;
(E) the Alaska Air National Guard; or
(F) the Alaska Naval Militia.
Sec. 18.80.210. Civil rights.
The opportunity to obtain employment, credit and financing, public accommodations, housing accommodations, and other property without discrimination because of sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, or national origin is a civil right.
Sec. 18.80.215. Activities in aid of housing for minority groups.
The activities of a nonprofit and noncommercial organization on a nonremunerative basis in aiding minority group members to obtain housing opportunities so as to further the purpose of this chapter are not considered a violation of AS 08.88.161.
Sec. 18.80.220. Unlawful employment practices; exception.
(a) Except as provided in (c) of this section, it is unlawful for
(1) an employer to refuse employment to a person, or to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of the person’s race, religion, color, or national origin, or because of the person’s age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, or parenthood;
(2) a labor organization, because of a person’s sex, marital status, changes in marital status, pregnancy, parenthood, age, race, religion, physical or mental disability, color, or national origin, to exclude or to expel a person from its membership, or to discriminate in any way against one of its members or an employer or an employee;
(3) an employer or employment agency to print or circulate or cause to be printed or circulated a statement, advertisement, or publication, or to use a form of application for employment or to make an inquiry in connection with prospective employment, that expresses, directly or indirectly, a limitation, specification, or discrimination as to sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, age, race, creed, color, or national origin, or an intent to make the limitation, unless based upon a bona fide occupational qualification;
(4) an employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against a person because the person has opposed any practices forbidden under AS 18.80.200 — 18.80.280 or because the person has filed a complaint, testified, or assisted in a proceeding under this chapter;
(5) an employer to discriminate in the payment of wages as between the sexes, or to employ a female in an occupation in this state at a salary or wage rate less than that paid to a male employee for work of comparable character or work in the same operation, business, or type of work in the same locality; or
(6) a person to print, publish, broadcast, or otherwise circulate a statement, inquiry, or advertisement in connection with prospective employment that expresses directly a limitation, specification, or discrimination as to sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, age, race, religion, color, or national origin, unless based upon a bona fide occupational qualification.
(b) The state, employers, labor organizations, and employment agencies shall maintain records on age, sex, and race that are required to administer the civil rights laws and regulations. These records are confidential and available only to federal and state personnel legally charged with administering civil rights laws and regulations. However, statistical information compiled from records on age, sex, and race shall be made available to the general public.
(c) Notwithstanding the prohibition against employment discrimination on the basis of marital status or parenthood under (a) of this section,
(1) an employer may, without violating this chapter, provide greater health and retirement benefits to employees who have a spouse or dependent children than are provided to other employees;
(2) a labor organization may, without violating this chapter, negotiate greater health and retirement benefits for employees of an employer who have a spouse or dependent children than are provided to other employees of the employer.
(d) In this section, “dependent child” means an unmarried child, including an adopted child, who is dependent upon a parent for support and who is either
(1) less than 19 years old;
(2) less than 23 years old and registered at and attending on a full-time basis an accredited educational or technical institution recognized by the Department of Education and Early Development; or
(3) of any age and totally and permanently disabled.
Sec. 18.80.230. Unlawful practices in places of public accommodation.
(a) It is unlawful for the owner, lessee, manager, agent, or employee of a public accommodation
(1) to refuse, withhold from, or deny to a person any of its services, goods, facilities, advantages, or privileges because of sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, or national origin;
(2) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement that states or implies
(A) that any of the services, goods, facilities, advantages, or privileges of the public accommodation will be refused, withheld from, or denied to a person of a certain race, religion, sex, physical or mental disability, marital status, color, or national origin or because of pregnancy, parenthood, or a change in marital status, or
(B) that the patronage of a person belonging to a particular race, creed, sex, marital status, color, or national origin or who, because of pregnancy, parenthood, physical or mental disability, or a change in marital status, is unwelcome, not desired, or solicited.
(b) Notwithstanding (a) of this section, a physical fitness facility may limit public accommodation to only males or only females to protect the privacy interests of its users. Public accommodation may be limited under this subsection only to those rooms in the facility that are primarily used for weight loss, aerobic, and other exercises, or for resistance weight training. Public accommodation may not be limited under this subsection to rooms in the facility primarily used for other purposes, including conference rooms, dining rooms, and premises licensed under AS 04.11. This subsection does not apply to swimming pools or golf courses.
Sec. 18.80.240. Unlawful practices in the sale or rental of real property.
It is unlawful for the owner, lessee, manager, or other person having the right to sell, lease, or rent real property
(1) to refuse to sell, lease, or rent the real property to a person because of sex, marital status, changes in marital status, pregnancy, race, religion, physical or mental disability, color, or national origin; however, nothing in this paragraph prohibits the sale, lease, or rental of classes of real property commonly known as housing for “singles” or “married couples” only;
(2) to discriminate against a person because of sex, marital status, changes in marital status, pregnancy, race, religion, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the use, sale, lease, or rental of real property; however, nothing in this paragraph prohibits the sale, lease, or rental of classes of real property commonly known as housing for “singles” or “married couples” only;
(3) to make a written or oral inquiry or record of the sex, marital status, changes in marital status, race, religion, physical or mental disability, color, or national origin of a person seeking to buy, lease, or rent real property;
(4) to offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or sources in connection therewith because of a person’s sex, marital status, changes in marital status, pregnancy, race, religion, physical or mental disability, color, national origin, or age;
(5) to represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to refuse to allow a person to inspect real property because of the race, religion, physical or mental disability, color, national origin, age, sex, marital status, change in marital status, or pregnancy of that person or of any person associated with that person;
(6) to engage in blockbusting;
(7) to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of real property that indicates any preference, limitation, or discrimination based on race, color, religion, physical or mental disability, sex, or national origin, or an intention to make the preference, limitation, or discrimination.
Sec. 18.80.250. Unlawful financing practice.
(a) It is unlawful for a financial institution or other commercial institution extending secured or unsecured credit, upon receiving an application for financial assistance or credit for the acquisition, construction, rehabilitation, repair, or maintenance of a housing accommodation or other property or services, or the acquisition or improvement of unimproved property, or upon receiving an application for any sort of loan of money, to permit one of its officials or employees during the execution of the official’s or the employee’s duties
(1) to discriminate against the applicant because of sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, or national origin in a term, condition, or privilege relating to the obtainment or use of the institution’s financial assistance or credit, except to the extent of a federal statute or regulation applicable to a transaction of the same character;
(2) to make or cause to be made a written or oral inquiry or record of the sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, or national origin of a person seeking the institution’s financial assistance or credit, unless the inquiry is for the purpose of ascertaining the creditor’s rights and remedies applicable to the particular extension of credit and is not made or used in order to discriminate in a determination of creditworthiness;
(3) to refuse to extend credit, issue a credit card, or make a loan to a married person or a person with a physical or mental disability, who is otherwise creditworthy, if so requested by the person;
(4) to refuse to issue a credit card to a married person in that person’s name, if so requested by the person, provided, however, that the person so requesting a card may be required to open an account in that name.
(b) Notwithstanding the provisions of (a) of this section, any practice permitted by federal statute or regulation applicable to financial or credit transactions of the same character as those covered by this section does not constitute discrimination under this section.
(c) An action by a financial institution or other commercial institution extending credit taken in compliance with (a) of this section, including the extension of credit or the making of a loan, is not a violation of AS 06.20.240, unless done with the intent or purpose of obtaining a higher rate of interest than would otherwise be permitted by AS 06.20.230.
(d) This section does not prohibit an institution described in (a) of this section from refusing to contract with a person if the person lacks the legal capacity to contract or if the institution is reasonably in doubt about the person’s legal capacity to contract.
Sec. 18.80.255. Unlawful practices by the state or its political subdivisions.
It is unlawful for the state or any of its political subdivisions
(1) to refuse, withhold from, or deny to a person any local, state, or federal funds, services, goods, facilities, advantages, or privileges because of race, religion, sex, color, or national origin;
(2) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement that states or implies that any local, state, or federal funds, services, goods, facilities, advantages, or privileges of the office or agency will be refused, withheld from, or denied to a physically or mentally disabled person or a person of a certain race, religion, sex, color, or national origin or that the patronage of a physically or mentally disabled person or a person belonging to a particular race, creed, sex, color, or national origin is unwelcome, not desired, or solicited; it is not unlawful to post notice that facilities to accommodate the physically or mentally disabled are not available;
(3) to refuse or deny to a person any local, state, or federal funds, services, goods, facilities, advantages, or privileges because of physical or mental disability.
Sec. 18.80.260. Aiding, abetting, or coercing a violation of chapter.
It is unlawful for a person to aid, abet, incite, compel, or coerce the doing of an act forbidden under this chapter or to attempt to do so.
Sec. 18.80.270. Penalty.
A person, employer, labor organization, or employment agency, who or that wilfully engages in an unlawful discriminatory practice prohibited by this chapter, or wilfully resists, prevents, impedes, or interferes with the commission or any of its authorized representatives in the performance of duty under this chapter, or who or that wilfully violates an order of the commission, is guilty of a misdemeanor and, upon conviction by a court of competent jurisdiction, is punishable by a fine of not more than $500, or by imprisonment in a jail for not more than 30 days, or by both.
Sec. 18.80.280. Acquittal bars other actions.
The acquittal of a person by the commission or a court of competent jurisdiction of any alleged violation of this chapter is a bar to any other action, civil or criminal, based on the same act or omission.
Sec. 18.80.290. Local human rights commissions.
(a) The legislative body of a municipality may, by ordinance or resolution, authorize the establishment of membership in and support of a local human rights commission. The number and qualifications of the members of a local commission and their terms and method of appointment or removal shall be as determined by the legislative body, except that a member may not hold office in a political party.
(b) The legislative body of a municipality has the authority to appropriate funds in amounts as considered necessary for the purpose of contributing to the operation of a local commission, including the payment of its share of the salary of an investigator or staff member acting jointly for it and one or more other local commissions.
(c) The local commission has the power to appoint employees and staff as it considers necessary to fulfill its purpose, including the power to appoint an investigator or staff member to act jointly for it and one or more other local commissions.
(d) The governing body of a municipality has the authority under AS 29.20.320 to grant to local commissions powers and duties similar to those exercised by the commission under the provisions of this chapter.
Sec. 18.80.295. Apprenticeship programs.
The provisions of this chapter affecting discrimination in employment on the basis of age do not apply to apprenticeship programs registered by the Bureau of Apprenticeship and Training, United States Department of Labor, or apprenticeship programs that meet standards equivalent to apprenticeship programs registered by the Bureau of Apprenticeship and Training.
Sec. 18.80.300. Definitions.
In this chapter,
(1) “blockbusting” means an unlawful discriminatory practice by a real estate broker, real estate salesperson, or employee or agent of a broker or another individual, corporation, partnership, or organization for the purpose of inducing a real estate transaction from which any such person or its stockholders or members may benefit financially, to represent directly or indirectly that a change has occurred or will or may occur from a composition with respect to race, religion, color, or national origin of the owners or occupants of the block, neighborhood, or area in which the real property is located, and to represent directly or indirectly that this change may or will result in undesirable consequences in the block, neighborhood, or area in which the real property is located, including the lowering of property values, an increase in criminal or antisocial behavior, or decline in the quality of the schools or other facilities;
(2) “commission” means the State Commission for Human Rights;
(3) “complainant” means a person who is aggrieved by a discriminatory practice prohibited by this chapter and who has filed a complaint as provided in AS 18.80.100;
(4) “employee” means an individual employed by an employer but does not include an individual employed in the domestic service of any person;
(5) “employer” means a person, including the state and a political subdivision of the state, who has one or more employees in the state but does not include a club that is exclusively social, or a fraternal, charitable, educational, or religious association or corporation, if the club, association, or corporation is not organized for private profit;
(6) “employment agency” means a person undertaking to procure employees or opportunities to work;
(7) “executive director” means the executive director of the State Commission for Human Rights;
(8) “financial institution” means a commercial bank, trust company, mutual savings bank, cooperative bank, homestead association, mutual savings and loan association, or an insurance company;
(9) “labor organization” means an organization and an agent of the organization, for the purpose, in whole or in part, of collective bargaining, dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection of employees;
(10) “major life activities” means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;
(11) “national origin” includes ancestry;
(12) “pay” means wages; salaries; commissions; amounts an employer contributes to retirement, health, or other fringe benefit plans; and other forms of remuneration paid to an employee for personal services;
(13) “person” means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, employees, employers, employment agencies, or labor organizations;
(14) “physical or mental disability” means
(A) a physical or mental impairment that substantially limits one or more major life activities;
(B) a history of, or a misclassification as having, a mental or physical impairment that substantially limits one or more major life activities;
(C) having
(i) a physical or mental impairment that does not substantially limit a person’s major life activities but that is treated by the person as constituting such a limitation;
(ii) a physical or mental impairment that substantially limits a person’s major life activities only as a result of the attitudes of others toward the impairment; or
(iii) none of the impairments defined in this paragraph but being treated by others as having such an impairment; or
(D) a condition that may require the use of a prosthesis, special equipment for mobility, or service animal;
(15) “physical or mental impairment” means
(A) physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine;
(B) mental or psychological disorder, including intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities;
(16) “public accommodation” means a place that caters or offers its services, goods, or facilities to the general public and includes a public inn, restaurant, eating house, hotel, motel, soda fountain, soft drink parlor, tavern, night club, roadhouse, place where food or spiritous or malt liquors are sold for consumption, trailer park, resort, campground, barber shop, beauty parlor, bathroom, resthouse, theater, swimming pool, skating rink, golf course, cafe, ice cream parlor, transportation company, and all other public amusement and business establishments, subject only to the conditions and limitations established by law and applicable alike to all persons;
(17) “real property” means a building or portion of a building, whether constructed or to be constructed, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein;
(18) “state” includes the University of Alaska and the judicial, legislative, and executive branches of state government including all departments, agencies, commissions, councils, boards, divisions, and sections.
Chapter 85. Public Defender Agency.
Sec. 18.85.010. Public defender agency established. There is created in the Department of Administration a Public Defender Agency to serve the needs of indigent defendants.
Sec. 18.85.020. Administration.
The agency is administered by the public defender.
Sec. 18.85.030. Appointment and term.
The governor shall appoint the public defender from among two or more persons nominated for that position by the judicial council. The appointment is subject to confirmation by majority of the members of the legislature in joint session. The public defender shall serve a term of four years. If the governor decides to retain the public defender for another term, the governor need not call for nominations from the judicial council; however, the retention must be approved by a majority of the members of the legislature in joint session.
Sec. 18.85.040. Removal.
The public defender is subject to removal by the governor for good cause. If the public defender is removed, the governor shall submit to the legislature a report stating the reasons for removal. The report shall be submitted within 10 days after the action has been taken if the legislature is in session, or if the legislature is not in session, within 10 days after the convening of the next regular or special session.
Sec. 18.85.050. Vacancy.
If the position of public defender becomes vacant for any reason, the governor may appoint an acting public defender to serve until the regular appointment procedures under AS 18.85.030 are complied with. The governor and the judicial council shall act under AS 18.85.030 as soon as possible after the vacancy occurs. A person appointed under that section to fill a vacancy begins a new four-year term.
Sec. 18.85.060. Eligibility.
A person is not eligible to be the public defender or an assistant public defender unless admitted to the practice of law in this state no later than 10 months following the commencement of the person’s employment by the agency.
Sec. 18.85.070. Private practice prohibited.
The public defender and assistant public defenders shall devote all of their time to the duties of their respective offices and may not engage in the practice of law except in their official capacities in the agency.
Sec. 18.85.080. Delegation of functions.
The public defender may assign the functions vested in the public defender or in the agency to subordinate attorneys and employees.
Sec. 18.85.090. Agency staff.
The public defender may appoint and remove assistant public defenders, clerks, investigators, stenographers, and other employees the public defender considers necessary to enable the public defender to carry out the responsibilities of the public defender, subject to existing appropriations. Each person appointed to a subordinate position established by the public defender is under the supervision and control of the public defender.
Sec. 18.85.100. Right to representation, services, and facilities.
(a) An indigent person who is under formal charge of having committed a serious crime and the crime has been the subject of an initial appearance or subsequent proceeding, or is being detained under a conviction of a serious crime, or is on probation or parole, or is entitled to representation under the Supreme Court Delinquency or Child in Need of Aid Rules, or is isolated, quarantined, or required to be tested under an order issued under AS 18.15.355 — 18.15.395, or against whom commitment proceedings for mental illness have been initiated, is entitled
(1) to be represented, in connection with the crime or proceeding, by an attorney to the same extent as a person retaining an attorney is entitled; and
(2) to be provided with the necessary services and facilities of this representation, including investigation and other preparation.
(b) Subject to the provisions of AS 18.85.155, the attorney services and facilities and the court costs shall be provided at public expense to the extent that the person, at the time the court determines indigency, is unable to provide for payment without undue hardship. Appointment of any guardian ad litem or attorney shall be made under the terms of AS 25.24.310, to the extent that that section is not inconsistent with the requirements of this chapter.
(c) An indigent person is entitled to representation under (a) and (b) of this section for purposes of bringing a timely application for post-conviction relief under AS 12.72. An indigent person is not entitled to representation under (a) and (b) of this section for purposes of bringing
(1) an untimely or successive application for post-conviction relief under AS 12.72 or an untimely or successive motion for reduction or modification of sentence;
(2) a petition for review or certiorari from an appellate court ruling on an application for post-conviction relief; or
(3) an action or claim for habeas corpus in federal court attacking a state conviction.
(d) Notwithstanding (a) of this section, an indigent person is entitled to the representation and necessary services and facilities of representation as provided in (a) of this section when the prosecuting attorney or a law enforcement officer requests the court to provide representation to an indigent person under this section and the court finds that the provision of representation is necessary in the interests of justice.
(e) Subject to other provisions of this subsection, a person who is the natural parent, adoptive parent, or guardian of a child who is taken into emergency custody of the state under AS 47.10.142 may be represented at public expense and without a court order by an attorney employed by the Public Defender Agency in connection with the hearing held under AS 47.10.142(d). Representation in connection with the hearing may include investigation and other preparation before the hearing is held as well as representation at the hearing. Continued representation of the person by the Public Defender Agency after the hearing is held under AS 47.10.142(d) is contingent on satisfaction of the eligibility requirements of (a) — (d) of this section, the issuance of an appropriate court order, and compliance with the applicable laws and court rules relating to court-appointed counsel employed at the public’s expense. If a person who was represented by the Public Defender Agency at public expense without a court order in connection with a hearing held under AS 47.10.142(d) is not later determined to be eligible for court-appointed counsel at public expense under applicable laws and court rules, the court shall assess against the represented person the cost to the Public Defender Agency of providing the representation. In this subsection, “guardian” means a natural person who is legally appointed guardian of the person of a child.
(f) Notwithstanding (a) of this section, an indigent person is entitled to the representation and necessary services and facilities of representation as provided in (a) of this section when the person is a witness who refuses or there is reason to believe will refuse to testify or provide other information based on the privilege against self-incrimination.
(g) An indigent person is entitled to representation under (a) and (b) of this section for purposes of bringing an application for post-conviction DNA testing under AS 12.73.
Sec. 18.85.110. Notice and provision for representation.
(a) If a person having a right to representation under AS 18.85.100 is not represented by an attorney, the court shall, at the time of the person’s appearance before the court, clearly inform the person of the right of an indigent person to be represented by an attorney at public expense.
(b) [Repealed, § 6 ch 85 SLA 1996.]
(c) [Repealed, § 6 ch 85 SLA 1996.]
(d) If a court determines under AS 18.85.120 that an indigent person is entitled to be represented by an attorney at public expense, the court shall promptly notify the agency or the office of public advocacy.
(e) Upon notification or assignment under this section, the agency or the office of public advocacy shall represent the person with respect to whom the notification or assignment is made.
(f) [Repealed, § 6 ch 85 SLA 1996.]
Sec. 18.85.120. Determination of indigency; repayment.
(a) The determination of a person’s indigency shall be made by the court in which an action against the person is pending. The determination shall be made by the court and shall set out the basis for the finding that the person is indigent.
(b) In determining whether a person is indigent and in determining the extent of the person’s inability to pay, the court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents. Release on bail does not preclude a finding that a person is indigent. In each case, the person, subject to the penalties for perjury, shall certify under oath, and in writing or by other record, material factors relative to the person’s financial resources and ability to pay that the court prescribes.
(c) Upon the person’s conviction, the court may enter a judgment that a person for whom counsel is appointed pay for services of representation and court costs. Enforcement of a judgment under this subsection may be stayed by the trial court or the appellate court during the pendency of an appeal of the person’s conviction. Upon a showing of financial hardship, the court (1) shall allow a person subject to a judgment entered under this subsection to make payments under a payment schedule; (2) shall allow a person subject to a judgment entered under this subsection to petition the court at any time for remission, reduction, or deferral of the unpaid portion of the judgment; and (3) may remit or reduce the balance owing on the judgment or change the method of payment if the payment would impose manifest hardship on the person or the person’s immediate family. Payments made under this subsection shall be paid into the state general fund.
(d) Except as provided in AS 18.85.100(e), as a condition of receiving services under this chapter, a person shall affirm indigency under oath to the court and execute a general waiver authorizing the release to the court of income information regarding any income source the person has had for a period of three years immediately preceding the person’s first court appearance in connection with each cause. At the conclusion of all services by the public defender to the person, the court shall upon request release to the attorney general all information received under this subsection except information that might incriminate or tend to incriminate the person.
Sec. 18.85.130. Contracts with private attorneys.
When the public interest requires, and a person is entitled to representation by the agency under this chapter, the public defender may contract with one or more private attorneys to assist the public defender. Except as provided in AS 18.85.155, the public defender shall pay for these services out of appropriations to the agency.
Sec. 18.85.140. Waiver.
A person who has been appropriately informed under AS 18.85.100 may waive in writing, or by other record, any right provided by this chapter if the court concerned, at the time of or after waiver, finds of record that the person has acted with full awareness of the person’s rights and of the consequences of a waiver. The court shall consider such factors as the person’s age, education, familiarity with the English language, and the complexity of the crime involved in making the finding.
Sec. 18.85.150. Recovery from defendant.
(a) A person who has received assistance under this chapter shall pay the state for the assistance if the person was not entitled to it at the time indigency was determined.
(b) The attorney general may bring an action on behalf of the state to recover payment from a person described in (a) of this section who refuses to make the payment. The action shall be brought within six years after the conclusion of the proceeding for which the assistance was provided.
(c) [Repealed, § 5 ch 16 SLA 1974.]
(d) Amounts recovered under this section shall be paid into the state general fund.
Sec. 18.85.155. Payment by municipality.
(a) When a municipality prosecutes a person who has been determined by the court to be indigent under AS 18.85.120 for a violation of a municipal ordinance that is a serious crime, the municipality shall pay for the services of the attorney appointed by the court to defend the indigent person.
(b) A municipality shall provide for defense attorney services under (a) of this section by contracting with private attorneys or the agency or by establishing a municipal public defense agency.
(c) In a prosecution subject to this section, the court may order the defendant to pay to the municipality the costs of the attorney services and other court costs to the extent that the defendant is able to do so.
Sec. 18.85.160. Records and reports.
(a) The public defender shall keep appropriate records respecting each needy person represented by the agency under this chapter.
(b) [Repealed, § 19 ch 6 SLA 1998.]
Sec. 18.85.170. Definitions.
In this chapter,
(1) “agency” means the public defender agency created by AS 18.85.010;
(2) “detain” means to have in custody or otherwise deprive of freedom of action;
(3) “expenses,” when used with reference to representation under this chapter, includes an expense of investigation, other preparation, and trial;
(4) “indigent person” means a person who, at the time need is determined, does not have sufficient assets, credit, or other means to provide for payment of an attorney and all other necessary expenses of representation without depriving the party or the party’s dependents of food, clothing, or shelter and who has not disposed of any assets since the commission of the offense with the intent or for the purpose of establishing eligibility for assistance under this chapter;
(5) “serious crime” includes
(A) a criminal matter in which a person is entitled to representation by an attorney under the Constitution of the State of Alaska or the United States Constitution;
(B) an act that, but for the age of the person involved, would otherwise be a serious crime.
Sec. 18.85.180. Short title.
This chapter may be cited as the Public Defender Act.
Chapter 90. Alaska King Crab Marketing and Quality Control Act.
[Repealed, § 6 ch 106 SLA 1981. For current law see AS 16.51.] Chapter 95. Miscellaneous Provisions.
Sec. 18.95.010. [Renumbered as AS 18.23.100.] Title 19. Highways and Ferries.
Chapter 05. Administration.
Sec. 19.05.010. Department to supervise highway system.
The department is responsible for the planning, construction, maintenance, protection, and control of the state highway system.
Sec. 19.05.020. Regulations.
The department shall adopt regulations necessary to carry out the purpose of AS 19.05 — AS 19.25. The regulations may not conflict with AS 36.30 (State Procurement Code) or regulations adopted by the Department of Administration to implement that chapter.
Sec. 19.05.030. Duties of department.
The department has the following duties:
(1) direct approved highway planning and construction and maintenance, protection and control of highways;
(2) employ assistants and employees;
(3) certify and approve vouchers;
(4) provide a program of highway research;
(5) prepare a budget;
(6) review the annual highway program;
(7) develop and implement an avalanche control plan to protect persons who use public highways.
Sec. 19.05.040. Powers of department.
The department may
(1) acquire property;
(2) exercise the power of eminent domain;
(3) take immediate possession of real property, or any interest in real property under a declaration of taking or by other lawful means;
(4) acquire rights-of-way for present or future use;
(5) control access to highways;
(6) regulate roadside development;
(7) preserve and maintain the scenic beauty along state highways;
(8) dispose of property acquired for highway purposes;
(9) accept and dispose of federal funds or property available for highway construction, maintenance, or equipment;
(10) enter into contracts or agreements relating to highways with the federal government, municipalities, a political subdivision, or with a foreign government, if the contract is approved by the federal government;
(11) establish, levy, and collect tolls, fees, charges, and rentals for the use of state roads, highways, bridges, tunnels, crossings, and causeways;
(12) award and administer grants authorized by appropriation by the legislature; and
(13) exercise any other power necessary to carry out the purpose of AS 19.05 — AS 19.25.
Sec. 19.05.043. Child safety device loan program.
(a) There is established a child safety device loan program in the highway safety planning agency in the Department of Transportation and Public Facilities.
(b) The director of the highway safety planning agency shall design the child safety device loan program to work in conjunction with private and federal programs operating in the state and shall
(1) provide to every hospital and birthing center in the state, subject to the availability of funds, child safety devices for infants and children to be loaned to the public at nominal fees;
(2) disseminate materials, printed advertisements, and radio and television messages to educate the public about the risks of injury to and death of unrestrained infants and children in motor vehicles and to explain to the public the provisions of AS 28.05.095.
(c) A peace officer who stops a driver for an alleged violation of AS 28.05.095 shall inform the driver about the loan program.
Sec. 19.05.045. Relocation payments. [Repealed, § 2 ch 60 SLA 1969.]
Sec. 19.05.046. Accounting and disposition of receipts from nonstate entities. [Repealed, § 28 ch 90 SLA 1991.]
Sec. 19.05.050. Roads in tourist and trailer camps.
The department may adopt regulations governing the use of roads in tourist, trailer, and other camps when public and private roads in or through the camps are used by, or are open to, the general public.
Sec. 19.05.060. Sale of obsolete equipment and material.
The department may sell, exchange, or otherwise dispose of obsolete machinery, equipment, and material no longer needed, required, or useful for construction or maintenance purposes. Money derived from the sale of the property shall be credited to the funds from which the purchase was originally made.
Sec. 19.05.070. Vacating and disposing of land and rights in land.
(a) The department may vacate land, or part of it, or rights in land acquired for highway purposes, by executing and filing a deed in the appropriate recording district. Upon filing, title to the vacated land or interest in land inures to the owners of the adjacent real property in the manner and proportion considered equitable by the commissioner and set out in the deed.
(b) If the department determines that land or rights in land acquired by the department are no longer necessary for highway purposes the department may
(1) transfer the land or rights in land to the Department of Natural Resources for disposal; or
(2) sell, contract to sell, lease, or exchange land or rights in land according to terms, standards, and conditions established by the commissioner.
(c) Proceeds received from disposal of land or rights in land as authorized by this section shall be credited to the funds from which the purchase of the land was made originally.