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HB 384: "An Act relating to fines and offenses; amending Rule 8(b), Alaska District Court Rules of Criminal Procedure; and providing for an effective date."

00                             HOUSE BILL NO. 384                                                                          
01 "An Act relating to fines and offenses; amending Rule 8(b), Alaska District Court Rules                                 
02 of Criminal Procedure; and providing for an effective date."                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 02.35.130 is amended to read:                                                                      
05            Sec. 02.35.130. Penalty for violation of AS 02.35.090 and 02.35.110. A                                     
06       person violating a provision of AS 02.35.090 and 02.35.110 is guilty of a violation                           
07       [MISDEMEANOR AND UPON CONVICTION IS PUNISHABLE BY A FINE OF                                                       
08       NOT MORE THAN $500].                                                                                              
09    * Sec. 2. AS 02.40.020(d) is amended to read:                                                                      
10            (d)  A person who violates this section is guilty of a violation [CLASS B                                
11       MISDEMEANOR] and is punishable by a fine of not less than $750 [$500] or more                                 
12       than $1,000.                                                                                                      
13    * Sec. 3. AS 03.45.040 is amended to read:                                                                         
14            Sec. 03.45.040. Penalties. A shipper or party responsible for a [FOR                                     
01       EACH] violation of AS 03.45.010 - 03.45.030, commits a violation [THE SHIPPER                                 
02       OR PARTY RESPONSIBLE FOR THE VIOLATION IS PUNISHABLE BY A FINE                                                    
03       OF NOT MORE THAN $500]. A consignee knowingly receiving diseased animals                                          
04       shipped and transported in violation of these sections commits a violation [IS                                
05       PUNISHABLE BY A FINE OF NOT MORE THAN $500]. A carrier knowingly                                                  
06       carrying or transporting diseased animals in violation of these sections commits a                            
07       violation [, IS PUNISHABLE BY A FINE OF NOT MORE THAN $500].                                                  
08    * Sec. 4. AS 04.21.065(f) is amended to read:                                                                      
09            (f)  A holder of a license or permit who violates this section is guilty of a                                
10       violation as defined in AS 11.81.900(b) and upon conviction is punishable by a fine of                            
11       not less than $20 nor more than $750 [$300]. Each day a violation continues after a                           
12       citation for the violation has been issued constitutes a separate violation.                                      
13    * Sec. 5. AS 05.25.090(b) is amended to read:                                                                      
14            (b)  A person who violates                                                                                   
15                 (1)  AS 05.25.010, 05.25.020, 05.25.030(b), 05.25.060(2), or a                                          
16       regulation adopted under this chapter relating to AS 05.25.010 or 05.25.020 is guilty                             
17       of a violation [AS DEFINED IN AS 11.81.900 AND MAY BE FINED UP TO $500];                                          
18                 (2)  AS 05.25.055 is guilty of a violation [AS DEFINED IN                                               
19       AS 11.81.900] and may be fined up to $50.                                                                         
20    * Sec. 6. AS 12.55.035(b) is amended to read:                                                                      
21            (b)  Except as provided in AS 12.55.036, upon conviction of an offense, a                                    
22       defendant who is not an organization may be sentenced to pay, unless otherwise                                    
23       specified in the provision of law defining the offense, a fine of not more than                                   
24                 (1)  $500,000 for murder in the first or second degree, attempted                                       
25       murder in the first degree, sexual assault in the first degree, sexual abuse of a minor in                        
26       the first degree, kidnapping, or misconduct involving a controlled substance in the first                         
27       degree;                                                                                                           
28                 (2)  $250,000 for a class A felony;                                                                     
29                 (3)  $100,000 for a class B felony;                                                                     
30                 (4)  $50,000 for a class C felony;                                                                      
31                 (5)  $10,000 for a class A misdemeanor;                                                                 
01                 (6)  $2,000 for a class B misdemeanor;                                                                  
02                 (7)  $750 [$500] for a violation or an infraction.                                              
03    * Sec. 7. AS 16.05.420(b) is amended to read:                                                                      
04            (b)  A person may not make a false statement, or omit a material fact, in an                                 
05       application for a license, tag, permit, or sport fishing vessel registration issued under                         
06       AS 16.05.330 - 16.05.430. A person who without any culpable mental state makes a                                  
07       false statement as to the person's identity or residency in an application for a license,                         
08       tag, permit, or sport fishing vessel registration issued under AS 16.05.330 - 16.05.430                           
09       is guilty of a violation and upon conviction is punishable by a fine of not more than                             
10       $750 [$300]. A person who knowingly violates this subsection is guilty of a class A                           
11       misdemeanor.                                                                                                      
12    * Sec. 8. AS 16.10.030 is amended to read:                                                                         
13            Sec. 16.10.030. Penalty for violation of AS 16.10.010 - 16.10.050. A person                                
14       who violates AS 16.10.010 - 16.10.050 is guilty of a misdemeanor and, upon                                        
15       conviction, is punishable by a fine of not less than $100 nor more than $750 [$500].                          
16    * Sec. 9. AS 18.05.061 is amended to read:                                                                         
17            Sec. 18.05.061. Penalty for violation. A person who violates a provision of                                
18       AS 18.05.040 or 18.05.042 or a regulation adopted under AS 18.05.040 or 18.05.042                                 
19       is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more                              
20       than $750 [$500], or by imprisonment for not more than one year. Each day that a                              
21       person continues a violation is a separate offense.                                                               
22    * Sec. 10. AS 18.23.040 is amended to read:                                                                        
23            Sec. 18.23.040. Penalty for violation. Other than as authorized by                                         
24       AS 18.23.030, a disclosure of data and information acquired by a review committee or                              
25       of what transpired at a review meeting is a misdemeanor and punishable by                                         
26       imprisonment for not more than one year or by a fine of not more than $750 [$500].                            
27    * Sec. 11. AS 18.35.110 is amended to read:                                                                        
28            (a)  A person who fails to comply with AS 18.35.100 is guilty of a violation                             
29       [MISDEMEANOR AND UPON CONVICTION IS PUNISHABLE BY A FINE OF                                                       
30       NOT MORE THAN $500]. Each operating restaurant or tavern in violation constitutes                                 
31       a separate offense.                                                                                               
01    * Sec. 12. AS 18.35.210 is amended to read:                                                                        
02            Sec. 18.35.210. Penalty for violation of AS 18.35.200. A person who fails to                               
03       comply with AS 18.35.200 is guilty of a violation [MISDEMEANOR AND UPON                                       
04       CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN $500]. Each                                                   
05       day of operation is a separate offense.                                                                           
06    * Sec. 13. AS 18.35.341(c) is amended to read:                                                                     
07            (c)  A person who violates AS 18.35.300, 18.35.305, or 18.35.330 is guilty of a                              
08       violation as defined in AS 11.81.900(b) and upon conviction is punishable by a fine of                            
09       not less than $10 nor more than $50 for a violation of AS 18.35.300 or 18.35.305 and                              
10       by a fine of not less than $20 nor more than $750 [$300] for a violation of                                   
11       AS 18.35.330. Each day a violation of AS 18.35.330 continues after a citation for the                             
12       violation has been issued constitutes a separate violation.                                                       
13    * Sec. 14. AS 18.40.050 is amended to read:                                                                        
14            Sec. 18.40.050. Prohibited acts and penalties. A person who willfully                                      
15       removes, destroys, or defaces a cabin or part of a cabin, or stove or other furnishing, or                        
16       who occupies a cabin for a length of time other than that necessary and incident to                               
17       ordinary travel is guilty of a misdemeanor [VIOLATION OF THIS CHAPTER], and                                   
18       upon conviction is punishable by a fine of not less than $100 nor more than $750                              
19       [$500], or by imprisonment in a jail for not less than three months nor more than one                             
20       year, or by both.                                                                                                 
21    * Sec. 15. AS 18.60.450(b) is amended to read:                                                                     
22            (b)  A person who violates a provision of AS 18.60.400 - 18.60.460 who has                                   
23       previously been convicted of violating AS 18.60.400 - 18.60.460 is guilty of a                                    
24       misdemeanor for which the maximum term of imprisonment that may be imposed is                                     
25       30 days and the maximum fine that may be imposed is $750 [$500].                                              
26    * Sec. 16. AS 18.60.535 is amended to read:                                                                        
27            Sec. 18.60.535. Penalty. A person who violates a regulation, standard, or order                            
28       of the department adopted or issued under AS 18.60.475 - 18.60.545 is guilty of a                                 
29       misdemeanor and, upon conviction, is punishable by a fine of not more than $750                               
30       [$500], or by imprisonment for not more than one year, or by both. Each day upon                                  
31       which a violation occurs constitutes a separate offense.                                                          
01    * Sec. 17. AS 18.60.685(a) is amended to read:                                                                     
02            (a)  A person who violates AS 18.60.670 - 18.60.695 is guilty of a                                           
03       misdemeanor, and upon conviction is punishable by a fine of not more than $750                                
04       [$500], or by imprisonment for not more than six months, or by both.                                              
05    * Sec. 18. AS 22.15.120(c) is amended to read:                                                                     
06            (c)  In this section, "minor offense" means                                                                  
07                 (1)  an offense classified by statute as an infraction or a violation;                                  
08                 (2)  an offense for which a bail forfeiture amount has been authorized                                  
09       by statute and established by supreme court order; or                                                             
10                 (3)  a statutory offense for which a conviction cannot result in                                        
11       incarceration, a fine greater than $750 [$300], or the loss of a valuable license.                            
12    * Sec. 19. AS 23.10.370(a) is amended to read:                                                                     
13            (a)  Except as provided in (b) of this section, a person who violates a provision                            
14       of AS 23.10.325 - 23.10.370 is guilty of a misdemeanor and upon conviction is                                     
15       punishable by a fine of not more than $750 [$500], or by imprisonment for not more                            
16       than 90 days, or by both.                                                                                         
17    * Sec. 20. AS 23.10.415(a) is amended to read:                                                                     
18            (a)  A person who, whether as principal or agent, employs a person in violation                              
19       of the provisions of AS 23.10.410 is guilty of a misdemeanor, and upon a first                                    
20       conviction is punishable by a fine of not less than $100 nor more than $750 [$500], or                        
21       by imprisonment in a jail for not less than 60 days, nor more than six months, or by                              
22       both.                                                                                                             
23    * Sec. 21. AS 23.40.180 is amended to read:                                                                        
24            Sec. 23.40.180. Penalty for violation of order or decision. A person who                                   
25       violates a provision of an order or decision of the labor relations agency is guilty of a                         
26       violation [MISDEMEANOR AND IS PUNISHABLE BY A FINE OF NOT MORE                                                
27       THAN $500].                                                                                                       
28    * Sec. 22. AS 25.05.331 is amended to read:                                                                        
29            Sec. 25.05.331. Unlawful issuance or refusal of license. A licensing officer                               
30       who knowingly issues a marriage license knowing it to be in violation of the                                      
31       provisions of this chapter or who willfully and wrongfully refuses to issue a license is                          
01       guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not                                
02       more than six months, or by a fine of not more than $750 [$500], or by both.                                  
03    * Sec. 23. AS 25.05.341 is amended to read:                                                                        
04            Sec. 25.05.341. Misrepresentation. A person who misrepresents a fact                                       
05       required to be stated on the application for a license or a form related to it, or a                              
06       licensing officer who issues a marriage license having reason to believe that any                                 
07       material fact has been misrepresented, is guilty of a violation [MISDEMEANOR,                                 
08       AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN                                                      
09       $500].                                                                                                            
10    * Sec. 24. AS 28.39.010(b) is amended to read:                                                                     
11            (b)  A person who violates (a) of this section is guilty of an infraction [AND IS                            
12       SUBJECT TO A $300 FINE UNDER AS 28.40.050(c)].                                                                    
13    * Sec. 25. AS 28.40.050(b) is amended to read:                                                                     
14            (b)  A person convicted of a misdemeanor for a violation of a provision of this                              
15       title for which another penalty is not specifically provided is punishable by a fine of                           
16       not more than $750 [$500], or by imprisonment for not more than 90 days, or by both.                          
17       In addition, the privilege to drive or the registration of vehicles may be suspended or                           
18       revoked.                                                                                                          
19    * Sec. 26. AS 28.40.050(c) is amended to read:                                                                     
20            (c)  Unless otherwise specified by law a person convicted of a violation of a                                
21       regulation adopted under this title, or a municipal ordinance regulating vehicles or                              
22       traffic when the municipal ordinance does not correspond to a provision of this title, is                         
23       guilty of an infraction [AND IS PUNISHABLE BY A FINE NOT TO EXCEED                                                
24       $300].                                                                                                            
25    * Sec. 27. AS 33.05.020(e) is amended to read:                                                                     
26            (e)  The commissioner shall notify the manufacturer of the ignition interlock                                
27       device when the device is certified. The commissioner may not certify an ignition                                 
28       interlock device unless the device prominently displays a label warning that a person                             
29       circumventing or tampering with the device in violation of AS 11.76.140 may be                                    
30       imprisoned up to 30 days and fined up to $750 [$500].                                                         
31    * Sec. 28. AS 42.06.540(a) is amended to read:                                                                     
01            (a)  In addition to all other penalties and remedies provided by law, a person                               
02       subject to the provisions of this chapter, as well as an officer, manager, agent, or                              
03       employee of that person, that either violates or procures, aids, or abets the violation of                        
04       any provision of this chapter, or of an order, regulation, or written requirement of the                          
05       commission commits a violation [IS SUBJECT TO A MAXIMUM PENALTY OF                                            
06       $500 FOR EACH VIOLATION].                                                                                         
07    * Sec. 29. AS 42.40.830 is amended to read:                                                                        
08            Sec. 42.40.830. Penalty for violation of order or decision. A person who                                   
09       violates a provision of an order or decision of the railroad labor relations agency is                            
10       guilty of a violation [MISDEMEANOR AND IS PUNISHABLE BY A FINE OF                                             
11       NOT MORE THAN $500].                                                                                              
12    * Sec. 30. AS 44.09.015(b) is amended to read:                                                                     
13            (b)  Violation of this section is a misdemeanor, and upon conviction is                                      
14       punishable by a fine of not more than $750 [$500], or by imprisonment for not more                            
15       than six months, or by both.                                                                                      
16    * Sec. 31. AS 46.14.400(j) is amended to read:                                                                     
17            (j)  A person who operates a motor vehicle in violation of emissions                                         
18       requirements imposed under this section is guilty of a violation [AND, UPON                                       
19       CONVICTION, SHALL BE FINED AN AMOUNT NOT TO EXCEED $500]. It is                                                   
20       the intent of the legislature that money collected under this subsection be appropriated                          
21       to promote air quality control programs in municipalities.                                                        
22    * Sec. 32. AS 46.14.510(f) is amended to read:                                                                     
23            (f)  A person who fails to display an emissions inspection decal as required by                              
24       law is guilty of a violation [AND, UPON CONVICTION, SHALL BE FINED AN                                             
25       AMOUNT NOT TO EXCEED $500]. It is the intent of the legislature that money                                        
26       collected under this subsection be appropriated to control pollution from motor vehicle                           
27       emissions.                                                                                                        
28    * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to                         
29 read:                                                                                                                   
30            DIRECT COURT RULE AMENDMENT. Rule 8(b), Alaska District Court                                                
31       Rules of Criminal Procedure, is amended to read:                                                                  
01            (b)  Minor Offenses. As used in this rule, "minor offenses" means                                          
02                 (1)  an offense classified by statute as an infraction or a violation; or                               
03                 (2)  any offense for which a bail forfeiture amount has been authorized                                 
04       by statute and established by supreme court order; or                                                             
05                 (3)  any municipal motor vehicle or traffic offense for which a fine                                    
06       amount has been established in a fine schedule adopted by municipal ordinance under                               
07       AS 28.05.151; or                                                                                                  
08                 (4)  any offense under a municipal ordinance for which a conviction                                     
09       cannot result in incarceration or the loss of a valuable license and for which a fine                             
10       schedule has been established under AS 29.25.070(a); or                                                           
11                 (5)  any offense under statute or municipal ordinance for which a                                       
12       conviction cannot result in incarceration, a fine greater than $750 [$500], or the loss of                    
13       a valuable license.                                                                                               
14    * Sec. 34. This Act takes effect July 1, 2006.