CSHB 384(JUD): "An Act relating to fines for certain offenses involving aeronautics, shipment of animals, alcoholic beverages, boats, fish and game, health care records and public health, medical review organizations, public restroom facilities, smoking, shelter cabins, refrigerators and similar equipment, radiation sources, high voltage lines, child labor, employment in underground mines, marriage licenses, motor vehicles and driver's licenses, ignition interlock devices, pipelines, use of the state seal, and emissions requirements; relating to the maximum fine provided for violations and infractions and to the definition of 'minor offenses'; redesignating certain fish and game misdemeanor offenses as class A misdemeanors; amending Rule 8(b), Alaska District Court Rules of Criminal Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 384(JUD) 01 "An Act relating to fines for certain offenses involving aeronautics, shipment of animals, 02 alcoholic beverages, boats, fish and game, health care records and public health, medical 03 review organizations, public restroom facilities, smoking, shelter cabins, refrigerators 04 and similar equipment, radiation sources, high voltage lines, child labor, employment in 05 underground mines, marriage licenses, motor vehicles and driver's licenses, ignition 06 interlock devices, pipelines, use of the state seal, and emissions requirements; relating to 07 the maximum fine provided for violations and infractions and to the definition of 'minor 08 offenses'; redesignating certain fish and game misdemeanor offenses as class A 09 misdemeanors; amending Rule 8(b), Alaska District Court Rules of Criminal 10 Procedure; and providing for an effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 02.35.130 is amended to read:
01 Sec. 02.35.130. Penalty for violation of AS 02.35.090 and 02.35.110. A 02 person violating a provision of AS 02.35.090 and 02.35.110 is guilty of a violation 03 [MISDEMEANOR AND UPON CONVICTION IS PUNISHABLE BY A FINE OF 04 NOT MORE THAN $500]. 05 * Sec. 2. AS 02.40.020(d) is amended to read: 06 (d) A person who violates this section is guilty of a violation [CLASS B 07 MISDEMEANOR] and is punishable by a fine of not less than $750 [$500] or more 08 than $1,000. 09 * Sec. 3. AS 03.45.040 is amended to read: 10 Sec. 03.45.040. Penalties. A shipper or party responsible for a [FOR 11 EACH] violation of AS 03.45.010 - 03.45.030, commits a violation [THE SHIPPER 12 OR PARTY RESPONSIBLE FOR THE VIOLATION IS PUNISHABLE BY A FINE 13 OF NOT MORE THAN $500]. A consignee knowingly receiving diseased animals 14 shipped and transported in violation of these sections commits a violation [IS 15 PUNISHABLE BY A FINE OF NOT MORE THAN $500]. A carrier knowingly 16 carrying or transporting diseased animals in violation of these sections commits a 17 violation [, IS PUNISHABLE BY A FINE OF NOT MORE THAN $500]. 18 * Sec. 4. AS 04.21.065(f) is amended to read: 19 (f) A holder of a license or permit who violates this section is guilty of a 20 violation as defined in AS 11.81.900(b) and upon conviction is punishable by a fine of 21 not less than $20 nor more than $750 [$300]. Each day a violation continues after a 22 citation for the violation has been issued constitutes a separate violation. 23 * Sec. 5. AS 05.25.090(b) is amended to read: 24 (b) A person who violates 25 (1) AS 05.25.010, 05.25.020, 05.25.030(b), 05.25.060(2), or a 26 regulation adopted under this chapter relating to AS 05.25.010 or 05.25.020 is guilty 27 of a violation [AS DEFINED IN AS 11.81.900 AND MAY BE FINED UP TO $500]; 28 (2) AS 05.25.055 is guilty of a violation [AS DEFINED IN 29 AS 11.81.900] and may be fined up to $50. 30 * Sec. 6. AS 12.55.035(b) is amended to read: 31 (b) Except as provided in AS 12.55.036, upon conviction of an offense, a
01 defendant who is not an organization may be sentenced to pay, unless otherwise 02 specified in the provision of law defining the offense, a fine of not more than 03 (1) $500,000 for murder in the first or second degree, attempted 04 murder in the first degree, sexual assault in the first degree, sexual abuse of a minor in 05 the first degree, kidnapping, or misconduct involving a controlled substance in the first 06 degree; 07 (2) $250,000 for a class A felony; 08 (3) $100,000 for a class B felony; 09 (4) $50,000 for a class C felony; 10 (5) $10,000 for a class A misdemeanor; 11 (6) $2,000 for a class B misdemeanor; 12 (7) $750 [$500] for a violation or an infraction. 13 * Sec. 7. AS 16.05.407(d) is amended to read: 14 (d) A nonresident who violates (a) of this section, or who fails to furnish an 15 affidavit under (b) of this section, is guilty of a class A misdemeanor [AND UPON 16 CONVICTION IS PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 17 ONE YEAR, OR BY A FINE OF NOT MORE THAN $5,000, OR BY BOTH]. 18 * Sec. 8. AS 16.05.420(b) is amended to read: 19 (b) A person may not make a false statement, or omit a material fact, in an 20 application for a license, tag, permit, or sport fishing vessel registration issued under 21 AS 16.05.330 - 16.05.430. A person who without any culpable mental state makes a 22 false statement as to the person's identity or residency in an application for a license, 23 tag, permit, or sport fishing vessel registration issued under AS 16.05.330 - 16.05.430 24 is guilty of a violation and upon conviction is punishable by a fine of not more than 25 $750 [$300]. A person who knowingly violates this subsection is guilty of a class A 26 misdemeanor. 27 * Sec. 9. AS 16.05.783(c) is amended to read: 28 (c) A person who violates this section is guilty of a class A misdemeanor [, 29 AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN 30 $5,000, OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY 31 BOTH]. In addition, the court may order the aircraft and equipment used in or in aid
01 of a violation of this section to be forfeited to the state. 02 * Sec. 10. AS 16.05.831(c) is amended to read: 03 (c) A person who violates this section or a regulation adopted under it is guilty 04 of a class A misdemeanor [PUNISHABLE BY A FINE OF NOT MORE THAN 05 $10,000, OR BY IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR 06 BY BOTH]. In addition, a person who violates this section is subject to a civil action 07 by the state for the cost of replacing the salmon wasted. 08 * Sec. 11. AS 16.05.905(b) is amended to read: 09 (b) An alien person who violates (a) of this section is guilty of a class A 10 misdemeanor. In addition, the court may order the [, AND UPON CONVICTION 11 IS PUNISHABLE BY A] confiscation and forfeiture of the fishing vessel used in the 12 violation [, OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR 13 BY FINE OF NOT MORE THAN $10,000, OR BY ALL OR ANY TWO OF THE 14 FOREGOING PUNISHMENTS]. 15 * Sec. 12. AS 16.10.030 is amended to read: 16 Sec. 16.10.030. Penalty for violation of AS 16.10.010 - 16.10.050. A person 17 who violates AS 16.10.010 - 16.10.050 is guilty of a misdemeanor and, upon 18 conviction, is punishable by a fine of not less than $100 nor more than $750 [$500]. 19 * Sec. 13. AS 16.10.055 is amended to read: 20 Sec. 16.10.055. Interference with commercial fishing gear. A person who 21 wilfully or with reckless disregard of the consequences [,] interferes with or damages 22 the commercial fishing gear of another person is guilty of a class A misdemeanor. For 23 the purposes of this section, 24 (1) "interference" means the physical disturbance of gear that 25 [WHICH] results in economic loss or loss of fishing time; 26 (2) [, AND] "reckless disregard of the consequences" means a lack of 27 consideration for the consequences of one's acts in a manner that is reasonably likely 28 to damage the property of another. 29 * Sec. 14. AS 16.10.090 is amended to read: 30 Sec. 16.10.090. Penalty for violation of AS 16.10.070. A person who violates 31 AS 16.10.070 is guilty of a class A misdemeanor [AND IS PUNISHABLE BY
01 IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT 02 MORE THAN $5,000 OR BY BOTH]. 03 * Sec. 15. AS 16.10.110 is amended to read: 04 Sec. 16.10.110. Penalty for violation of AS 16.10.100. A person who violates 05 AS 16.10.100 is guilty of a class A misdemeanor [AND IS PUNISHABLE BY 06 IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BY A FINE OF NOT 07 MORE THAN $5,000, OR BY BOTH]. 08 * Sec. 16. AS 16.10.130 is amended to read: 09 Sec. 16.10.130. Penalty for violation of AS 16.10.120 or 16.10.125. A person 10 who violates AS 16.10.120 or 16.10.125 is guilty of a class A misdemeanor [, AND 11 UPON CONVICTION IS PUNISHABLE BY IMPRISONMENT FOR NOT MORE 12 THAN SIX MONTHS, OR BY A FINE OF NOT MORE THAN $1,000, OR BY 13 BOTH]. 14 * Sec. 17. AS 16.10.220 is amended to read: 15 Sec. 16.10.220. Penalty for violation of AS 16.10.200 and 16.10.210. A 16 person who violates AS 16.10.200 and 16.10.210 is guilty of a class A misdemeanor [, 17 AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN 18 $5,000 OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY 19 BOTH]. 20 * Sec. 18. AS 16.10.250 is amended to read: 21 Sec. 16.10.250. Penalty. A person, association, or corporation violating 22 AS 16.10.240 or contributing to or cooperating in the violation of AS 16.10.240 is 23 guilty of a class A misdemeanor [, AND UPON CONVICTION IS PUNISHABLE 24 BY A FINE OF NOT MORE THAN $5,000, OR BY IMPRISONMENT FOR NOT 25 MORE THAN ONE YEAR, OR BY BOTH]. Each unlawful removal of live crab is a 26 separate offense. Vessels and equipment used in or in aid of a violation of 27 AS 16.10.240 may be seized and disposed of as provided in AS 16.05.190. Conviction 28 under AS 16.10.240 is grounds for suspension of a fishing license or permit by the 29 department. 30 * Sec. 19. AS 16.10.270(b) is amended to read: 31 (b) A person who violates this section is guilty of a class A misdemeanor
01 [AND UPON CONVICTION IS PUNISHABLE BY IMPRISONMENT FOR NOT 02 MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN $5,000, OR BY 03 BOTH]. 04 * Sec. 20. AS 18.05.061 is amended to read: 05 Sec. 18.05.061. Penalty for violation. A person who violates a provision of 06 AS 18.05.040 or 18.05.042 or a regulation adopted under AS 18.05.040 or 18.05.042 07 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more 08 than $750 [$500], or by imprisonment for not more than one year. Each day that a 09 person continues a violation is a separate offense. 10 * Sec. 21. AS 18.23.040 is amended to read: 11 Sec. 18.23.040. Penalty for violation. Other than as authorized by 12 AS 18.23.030, a disclosure of data and information acquired by a review committee or 13 of what transpired at a review meeting is a misdemeanor and punishable by 14 imprisonment for not more than one year or by a fine of not more than $750 [$500]. 15 * Sec. 22. AS 18.35.110 is amended to read: 16 (a) A person who fails to comply with AS 18.35.100 is guilty of a violation 17 [MISDEMEANOR AND UPON CONVICTION IS PUNISHABLE BY A FINE OF 18 NOT MORE THAN $500]. Each operating restaurant or tavern in violation constitutes 19 a separate offense. 20 * Sec. 23. AS 18.35.210 is amended to read: 21 Sec. 18.35.210. Penalty for violation of AS 18.35.200. A person who fails to 22 comply with AS 18.35.200 is guilty of a violation [MISDEMEANOR AND UPON 23 CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN $500]. Each 24 day of operation is a separate offense. 25 * Sec. 24. AS 18.35.341(c) is amended to read: 26 (c) A person who violates AS 18.35.300, 18.35.305, or 18.35.330 is guilty of a 27 violation as defined in AS 11.81.900(b) and upon conviction is punishable by a fine of 28 not less than $10 nor more than $50 for a violation of AS 18.35.300 or 18.35.305 and 29 by a fine of not less than $20 nor more than $750 [$300] for a violation of 30 AS 18.35.330. Each day a violation of AS 18.35.330 continues after a citation for the 31 violation has been issued constitutes a separate violation.
01 * Sec. 25. AS 18.40.050 is amended to read: 02 Sec. 18.40.050. Prohibited acts and penalties. A person who willfully 03 removes, destroys, or defaces a cabin or part of a cabin, or stove or other furnishing, or 04 who occupies a cabin for a length of time other than that necessary and incident to 05 ordinary travel is guilty of a misdemeanor [VIOLATION OF THIS CHAPTER], and 06 upon conviction is punishable by a fine of not less than $100 nor more than $750 07 [$500], or by imprisonment in a jail for not less than three months nor more than one 08 year, or by both. 09 * Sec. 26. AS 18.60.450(b) is amended to read: 10 (b) A person who violates a provision of AS 18.60.400 - 18.60.460 who has 11 previously been convicted of violating AS 18.60.400 - 18.60.460 is guilty of a 12 misdemeanor for which the maximum term of imprisonment that may be imposed is 13 30 days and the maximum fine that may be imposed is $750 [$500]. 14 * Sec. 27. AS 18.60.535 is amended to read: 15 Sec. 18.60.535. Penalty. A person who violates a regulation, standard, or order 16 of the department adopted or issued under AS 18.60.475 - 18.60.545 is guilty of a 17 misdemeanor and, upon conviction, is punishable by a fine of not more than $750 18 [$500], or by imprisonment for not more than one year, or by both. Each day upon 19 which a violation occurs constitutes a separate offense. 20 * Sec. 28. AS 18.60.685(a) is amended to read: 21 (a) A person who violates AS 18.60.670 - 18.60.695 is guilty of a 22 misdemeanor, and upon conviction is punishable by a fine of not more than $750 23 [$500], or by imprisonment for not more than six months, or by both. 24 * Sec. 29. AS 22.15.120(c) is amended to read: 25 (c) In this section, "minor offense" means 26 (1) an offense classified by statute as an infraction or a violation; 27 (2) an offense for which a bail forfeiture amount has been authorized 28 by statute and established by supreme court order; or 29 (3) a statutory offense for which a conviction cannot result in 30 incarceration, a fine greater than $750 [$300], or the loss of a valuable license. 31 * Sec. 30. AS 23.10.370(a) is amended to read:
01 (a) Except as provided in (b) of this section, a person who violates a provision 02 of AS 23.10.325 - 23.10.370 is guilty of a misdemeanor and upon conviction is 03 punishable by a fine of not more than $750 [$500], or by imprisonment for not more 04 than 90 days, or by both. 05 * Sec. 31. AS 23.10.415(a) is amended to read: 06 (a) A person who, whether as principal or agent, employs a person in violation 07 of the provisions of AS 23.10.410 is guilty of a misdemeanor, and upon a first 08 conviction is punishable by a fine of not less than $100 nor more than $750 [$500], or 09 by imprisonment in a jail for not less than 60 days, nor more than six months, or by 10 both. 11 * Sec. 32. AS 25.05.331 is amended to read: 12 Sec. 25.05.331. Unlawful issuance or refusal of license. A licensing officer 13 who knowingly issues a marriage license knowing it to be in violation of the 14 provisions of this chapter or who willfully and wrongfully refuses to issue a license is 15 guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not 16 more than six months, or by a fine of not more than $750 [$500], or by both. 17 * Sec. 33. AS 25.05.341 is amended to read: 18 Sec. 25.05.341. Misrepresentation. A person who misrepresents a fact 19 required to be stated on the application for a license or a form related to it, or a 20 licensing officer who issues a marriage license having reason to believe that any 21 material fact has been misrepresented, is guilty of a violation [MISDEMEANOR, 22 AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN 23 $500]. 24 * Sec. 34. AS 28.39.010(b) is amended to read: 25 (b) A person who violates (a) of this section is guilty of an infraction [AND IS 26 SUBJECT TO A $300 FINE UNDER AS 28.40.050(c)]. 27 * Sec. 35. AS 28.40.050(b) is amended to read: 28 (b) A person convicted of a misdemeanor for a violation of a provision of this 29 title for which another penalty is not specifically provided is punishable by a fine of 30 not more than $750 [$500], or by imprisonment for not more than 90 days, or by both. 31 In addition, the privilege to drive or the registration of vehicles may be suspended or
01 revoked. 02 * Sec. 36. AS 28.40.050(c) is amended to read: 03 (c) Unless otherwise specified by law a person convicted of a violation of a 04 regulation adopted under this title, or a municipal ordinance regulating vehicles or 05 traffic when the municipal ordinance does not correspond to a provision of this title, is 06 guilty of an infraction [AND IS PUNISHABLE BY A FINE NOT TO EXCEED 07 $300]. 08 * Sec. 37. AS 33.05.020(e) is amended to read: 09 (e) The commissioner shall notify the manufacturer of the ignition interlock 10 device when the device is certified. The commissioner may not certify an ignition 11 interlock device unless the device prominently displays a label warning that a person 12 circumventing or tampering with the device in violation of AS 11.76.140 may be 13 imprisoned up to 30 days and fined up to $750 [$500]. 14 * Sec. 38. AS 42.06.540(a) is amended to read: 15 (a) In addition to all other penalties and remedies provided by law, a person 16 subject to the provisions of this chapter, as well as an officer, manager, agent, or 17 employee of that person, that either violates or procures, aids, or abets the violation of 18 any provision of this chapter, or of an order, regulation, or written requirement of the 19 commission commits a violation [IS SUBJECT TO A MAXIMUM PENALTY OF 20 $500 FOR EACH VIOLATION]. 21 * Sec. 39. AS 44.09.015(b) is amended to read: 22 (b) Violation of this section is a misdemeanor, and upon conviction is 23 punishable by a fine of not more than $750 [$500], or by imprisonment for not more 24 than six months, or by both. 25 * Sec. 40. AS 46.14.400(j) is amended to read: 26 (j) A person who operates a motor vehicle in violation of emissions 27 requirements imposed under this section is guilty of a violation [AND, UPON 28 CONVICTION, SHALL BE FINED AN AMOUNT NOT TO EXCEED $500]. It is 29 the intent of the legislature that money collected under this subsection be appropriated 30 to promote air quality control programs in municipalities. 31 * Sec. 41. AS 46.14.510(f) is amended to read:
01 (f) A person who fails to display an emissions inspection decal as required by 02 law is guilty of a violation [AND, UPON CONVICTION, SHALL BE FINED AN 03 AMOUNT NOT TO EXCEED $500]. It is the intent of the legislature that money 04 collected under this subsection be appropriated to control pollution from motor vehicle 05 emissions. 06 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 DIRECT COURT RULE AMENDMENT. Rule 8(b), Alaska District Court 09 Rules of Criminal Procedure, is amended to read: 10 (b) Minor Offenses. As used in this rule, "minor offenses" means 11 (1) an offense classified by statute as an infraction or a violation; or 12 (2) any offense for which a bail forfeiture amount has been authorized 13 by statute and established by supreme court order; or 14 (3) any municipal motor vehicle or traffic offense for which a fine 15 amount has been established in a fine schedule adopted by municipal ordinance under 16 AS 28.05.151; or 17 (4) any offense under a municipal ordinance for which a conviction 18 cannot result in incarceration or the loss of a valuable license and for which a fine 19 schedule has been established under AS 29.25.070(a); or 20 (5) any offense under statute or municipal ordinance for which a 21 conviction cannot result in incarceration, a fine greater than $750 [$500], or the loss of 22 a valuable license. 23 * Sec. 43. This Act takes effect July 1, 2006.