CCS SB 104: "An Act relating to the crimes of unsworn falsification in the first degree involving an application for a permanent fund dividend and false information or report involving eligibility for a permanent fund dividend; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; relating to service in the peace corps and as a member of the United States Olympic Team as allowable absences from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date."
00 CONFERENCE CS FOR SENATE BILL NO. 104 01 "An Act relating to the crimes of unsworn falsification in the first degree involving an 02 application for a permanent fund dividend and false information or report involving 03 eligibility for a permanent fund dividend; requiring the establishment of a permanent 04 fund dividend fraud investigation unit in the Department of Revenue; relating to service 05 in the peace corps and as a member of the United States Olympic Team as allowable 06 absences from the state for purposes of eligibility for permanent fund dividends and to 07 the period for filing an application for a permanent fund dividend; authorizing the 08 Department of Revenue to issue administrative orders imposing sanctions for certain 09 misrepresentations or other actions concerning eligibility for a permanent fund dividend 10 and providing for administrative appeal of those orders; and providing for an effective 11 date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 05.15.095(a) is amended to read: 02 (a) The applications and reports to the department required by this chapter 03 shall be signed under penalty of unsworn falsification in the second degree by the 04 following person, as applicable: 05 (1) the member in charge for the qualified organization; 06 (2) a person authorized to sign on behalf of the municipality; 07 (3) the operator or the operator's agent; 08 (4) the licensed pull-tab distributor or the distributor's agent; or 09 (5) the licensed pull-tab manufacturer or the manufacturer's agent. 10 * Sec. 2. AS 05.15.680(b) is amended to read: 11 (b) A person who, with the intent to mislead a public servant in the 12 performance of the public servant's duty, submits a false statement in an application 13 for a permit, license, or vendor registration under this chapter is guilty of unsworn 14 falsification in the second degree. 15 * Sec. 3. AS 06.05.045(a) is amended to read: 16 (a) Each state bank shall make at least four reports of condition each year to 17 the department on days designated by, and on forms prescribed by, the department. 18 The report shall be signed by a duly authorized officer of the bank and shall be signed 19 by at least three directors who certify under penalty of unsworn falsification in the 20 second degree under AS 11.56.210 that they, and each of them, have personal 21 knowledge of the facts stated in the report and that the facts are true. The reports must 22 exhibit in detail and under appropriate heads the resources and liabilities of the bank 23 and must be received by the department within 30 calendar days after the end of the 24 period covered by the report. 25 * Sec. 4. AS 06.50.310(a) is amended to read: 26 (a) On or before March 15 of each year, a licensee shall file with the 27 department a composite annual report for the preceding calendar year in the form 28 prescribed by the department relating to all advances made by the licensee. The 29 department may require that the report be submitted under oath or affirmation, or with 30 notice that false statements made are punishable as unsworn falsification in the 31 second degree under AS 11.56.210.
01 * Sec. 5. AS 08.88.460(a) is amended to read: 02 (a) Subject to (e) of this section, a person seeking reimbursement for a loss 03 suffered in a real estate transaction as a result of fraud, misrepresentation, deceit, or 04 the conversion of trust funds or the conversion of community association accounts 05 under the control of a community association manager on the part of a licensee 06 licensed under this chapter shall make a claim to the commission for reimbursement 07 on a form furnished by the commission. In order to be eligible for reimbursement by 08 the commission, the claim form must be filed within two years after the occurrence of 09 the fraud, misrepresentation, deceit, or conversion of trust funds or the conversion of 10 community association accounts under the control of a community association 11 manager claimed as the basis for the reimbursement. The form shall be executed under 12 penalty of unsworn falsification in the second degree and must include the following: 13 (1) the name and address of each real estate licensee involved; 14 (2) the amount of the alleged loss; 15 (3) the date or period of time during which the alleged loss occurred; 16 (4) the date upon which the alleged loss was discovered; 17 (5) the name and address of the claimant; and 18 (6) a general statement of facts relative to the claim. 19 * Sec. 6. AS 10.20.655(b) is amended to read: 20 (b) The interrogatories shall be answered within 30 days after mailing, or 21 within the additional time fixed by the commissioner, and the answers shall be full and 22 complete, in writing and under penalty of unsworn falsification in the second degree 23 under AS 11.56.210. If the interrogatories are directed to an individual, they shall be 24 answered by that individual and, if directed to a corporation, they shall be answered by 25 the president, vice-president, secretary, or assistant secretary of the corporation. 26 * Sec. 7. AS 11.56 is amended by adding a new section to read: 27 Sec. 11.56.205. Unsworn falsification in the first degree. (a) A person 28 commits the crime of unsworn falsification in the first degree if the person violates 29 AS 11.56.210(a)(1) and the application is an application for a permanent fund 30 dividend. 31 (b) In this section,
01 (1) "application for a permanent fund dividend" includes a written or 02 electronic application and any other documentation submitted to support an 03 application for a permanent fund dividend; 04 (2) "permanent fund dividend" has the meaning given in 05 AS 43.23.095. 06 (c) Unsworn falsification in the first degree is a class C felony. 07 * Sec. 8. AS 11.56.210 is amended to read: 08 Sec. 11.56.210. Unsworn falsification in the second degree. (a) A person 09 commits the crime of unsworn falsification in the second degree if, with the intent to 10 mislead a public servant in the performance of a duty, the person submits a false 11 written or recorded statement that [WHICH] the person does not believe to be true 12 (1) in an application for a benefit; or 13 (2) on a form bearing notice, authorized by law, that false statements 14 made in it are punishable. 15 (b) Unsworn falsification in the second degree is a class A misdemeanor. 16 * Sec. 9. AS 11.56.220 is amended to read: 17 Sec. 11.56.220. Proof of guilt. In a prosecution for perjury or unsworn 18 falsification in the first or second degree it is not necessary that proof be made by a 19 particular number of witnesses or by documentary or other type of evidence. 20 * Sec. 10. AS 11.56.800(a) is amended to read: 21 (a) A person commits the crime of false information or report if the person 22 knowingly 23 (1) gives false information to a peace officer 24 (A) with the intent of implicating another in an offense; or 25 (B) concerning the person's identity while the person is 26 (i) under arrest, detention, or investigation for a crime; 27 or 28 (ii) being served with an arrest warrant or being issued a 29 citation; 30 (2) makes a false report to a peace officer that a crime has occurred or 31 is about to occur;
01 (3) makes a false report or gives a false alarm, under circumstances not 02 amounting to terroristic threatening in the second degree under AS 11.56.810, that a 03 fire or other incident dangerous to life or property calling for an emergency response 04 has occurred or is about to occur; [OR] 05 (4) makes a false report to the Department of Natural Resources under 06 AS 46.17 concerning the condition of a dam or reservoir; or 07 (5) gives false information to a public employee relating to a 08 person's eligibility for a permanent fund dividend under AS 43.23 and the false 09 information does not also violate AS 11.56.205. 10 * Sec. 11. AS 12.55.045(j) is amended to read: 11 (j) A defendant who is convicted of an offense for which restitution may be 12 ordered shall submit financial information as ordered by the court. The Alaska Court 13 System shall prepare a form, in consultation with the Department of Law, for the 14 submission of the information; the form must include a warning that submission of 15 incomplete or inaccurate information is punishable as unsworn falsification in the 16 second degree under AS 11.56.210. A defendant who is convicted of (1) a felony 17 shall submit the form to the probation office within 30 days after conviction, and the 18 probation officer shall attach the form to the presentence report, or (2) a misdemeanor 19 shall file the form with the defendant's response or opposition to the restitution 20 amount. The defendant shall provide a copy of the completed form to the prosecuting 21 authority. 22 * Sec. 12. AS 16.05.450(a) is amended to read: 23 (a) The commissioner or an authorized agent shall issue a crewmember fishing 24 license under AS 16.05.480 to each qualified person who files a written application at 25 a place in the state designated by the commissioner, containing the reasonable 26 information required by the commissioner together with the required fee. The 27 commissioner shall require the reporting of the applicant's social security number on 28 the application. The application shall be simple in form and shall be executed by the 29 applicant under the penalty of unsworn falsification in the second degree. 30 * Sec. 13. AS 16.05.450(b) is amended to read: 31 (b) The Alaska Commercial Fisheries Entry Commission shall issue a vessel
01 license under AS 16.05.490 to each qualified vessel for which a written application 02 has been filed, at a place in the state designated by the commission, containing the 03 reasonable information required by the commission together with the required fee. The 04 application shall be simple in form and shall be executed by the applicant under the 05 penalty of unsworn falsification in the second degree. 06 * Sec. 14. AS 16.43.970(b) is amended to read: 07 (b) A person or entity who knowingly makes a false statement to the 08 commission for the purpose of obtaining a benefit, including the issuance, renewal, 09 duplication, or transfer of an entry or interim-use permit, vessel license, vessel 10 interim-use permit, or vessel entry permit, or a person who assists another by 11 knowingly making a false statement to the commission for the purpose of obtaining a 12 benefit for another, is guilty of the crime of unsworn falsification in the second 13 degree as set out in AS 11.56.210. Upon conviction, the person or entity is also 14 subject to suspension of commercial fishing privileges and revocation of commercial 15 fishing permits under (i) of this section. 16 * Sec. 15. AS 18.60.095(f) is amended to read: 17 (f) A person who knowingly makes a false statement, representation, or 18 certification with the intent to mislead in an application, record, report, plan or other 19 document filed or required to be maintained under AS 18.60.010 - 18.60.105 is guilty 20 of unsworn falsification in the second degree. 21 * Sec. 16. AS 18.65.710(a) is amended to read: 22 (a) The application for a permit to carry a concealed handgun must contain the 23 following information: 24 (1) the applicant's name, physical residence, mailing address, place and 25 date of birth, physical description, including height, weight, race, hair color, and eye 26 color, Alaska driver's license or identification card number, and the city and state of 27 each place the applicant has resided in the five years immediately preceding the 28 application; 29 (2) a statement that the applicant qualifies under AS 18.65.705; 30 (3) a statement that the applicant has been furnished with a copy of the 31 state laws and regulations relating to concealed handguns, has read those sections, and
01 understands them; 02 (4) a statement that the applicant desires a permit to carry a concealed 03 handgun for a lawful purpose, which may include self-defense; 04 (5) a statement by the applicant that all statements, answers, and 05 attachments to the application are true and complete; 06 (6) a conspicuous warning that an applicant who supplies a false 07 statement, answer, or document in connection with the application that the applicant 08 does not believe to be true may be prosecuted for unsworn falsification in the second 09 degree and, if found guilty, may be punished for violation of a class A misdemeanor, 10 and that, in such cases, the permit shall be revoked and the applicant may be barred 11 from any further application for a permit; and 12 (7) a statement that the applicant understands that a permit eligibility 13 investigation will be conducted as a part of the application process, that this may 14 involve computerized records searches, and that the applicant authorizes the 15 investigation. 16 * Sec. 17. AS 21.27.110(f) is amended to read: 17 (f) A notice of termination submitted to the director under this section must 18 include a statement of the reasons for the termination. A statement of the reasons for 19 termination is confidential and not subject to inspection and copying under 20 AS 40.25.110. A statement of reasons for the termination may not be admitted as 21 evidence in a civil action or an administrative proceeding against an insurer, reinsurer, 22 or authorized representative by or on behalf of a person affected by the termination, 23 except when the action or proceeding involves perjury, unsworn falsification in the 24 second degree, fraud, or failure to comply with this subsection. 25 * Sec. 18. AS 28.35.130 is amended to read: 26 Sec. 28.35.130. False report or destruction of evidence. An officer or person 27 who knowingly makes or subscribes a false report concerning an investigation of a 28 vehicle or damage or injury caused by a vehicle, as provided in this chapter, is guilty 29 of unsworn falsification in the second degree. A person who destroys, obliterates, 30 conceals or removes, or who aids, abets, or assists in the destruction, obliteration, 31 concealment, or removal from a vehicle, of evidence showing or tending to show that
01 the vehicle collided with a person or property, is punishable by a fine of not more than 02 $500, or by imprisonment for not more than six months, or by both. 03 * Sec. 19. AS 28.35.135(a) is amended to read: 04 (a) A person may not knowingly make a false affidavit, statement, or 05 representation, or affirm falsely with respect to a matter or fact required to be set out 06 under this title, nor may the person use a name other than the person's true name. A 07 person convicted of violating this section is guilty of unsworn falsification in the 08 second degree and is punishable as prescribed by law. 09 * Sec. 20. AS 43.23.008(a) is amended to read: 10 (a) Subject to (b) and (c) of this section, an otherwise eligible individual who 11 is absent from the state during the qualifying year remains eligible for a current year 12 permanent fund dividend if the individual was absent 13 (1) receiving secondary or postsecondary education on a full-time 14 basis; 15 (2) receiving vocational, professional, or other specific education on a 16 full-time basis for which, as determined by the Alaska Commission on Postsecondary 17 Education, a comparable program is not reasonably available in the state; 18 (3) serving on active duty as a member of the armed forces of the 19 United States or accompanying, as that individual's spouse, minor dependent, or 20 disabled dependent, an individual who is 21 (A) serving on active duty as a member of the armed forces of 22 the United States; and 23 (B) eligible for a current year dividend; 24 (4) serving under foreign or coastal articles of employment aboard an 25 oceangoing vessel of the United States merchant marine; 26 (5) receiving continuous medical treatment recommended by a 27 licensed physician or convalescing as recommended by the physician who [THAT] 28 treated the illness if the treatment or convalescence is not based on a need for climatic 29 change; 30 (6) providing care for a parent, spouse, sibling, child, or stepchild with 31 a critical life-threatening illness whose treatment plan, as recommended by the
01 attending physician, requires travel outside the state for treatment at a medical 02 specialty complex; 03 (7) providing care for the individual's terminally ill family member; 04 (8) settling the estate of the individual's deceased parent, spouse, 05 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 06 (9) serving as a member of the United States Congress; 07 (10) serving on the staff of a member from this state of the United 08 States Congress; 09 (11) serving as an employee of the state in a field office or other 10 location; 11 (12) accompanying a minor who is absent under (5) of this subsection; 12 (13) accompanying another eligible resident who is absent for a reason 13 permitted under (1), (2), (5) - (12), or (16) [(14)] of this subsection as the spouse, 14 minor dependent, or disabled dependent of the eligible resident; 15 (14) serving as a volunteer in the federal peace corps program; 16 (15) because of training or competing as a member of the United 17 States Olympic Team; 18 (16) for any reason consistent with the individual's intent to remain a 19 state resident, provided the absence or cumulative absences do not exceed 20 (A) 180 days in addition to any absence or cumulative absences 21 claimed under (3) of this subsection if the individual is not claiming an absence 22 under (1), (2), or (4) - (15) [(4) - (13)] of this subsection; 23 (B) 120 days in addition to any absence or cumulative absences 24 claimed under (1) - (3) of this subsection if the individual is not claiming an 25 absence under (4) - (15) [(4) - (13)] of this subsection but is claiming an 26 absence under (1) or (2) of this subsection; or 27 (C) 45 days in addition to any absence or cumulative absences 28 claimed under (1) - (15) [(1) - (13)] of this subsection if the individual is 29 claiming an absence under (1) - (15) [(4) - (13)] of this subsection. 30 * Sec. 21. AS 43.23.008(b) is amended to read: 31 (b) An individual may not claim an allowable absence under (a)(1) - (15)
01 [(a)(1) - (13)] of this section unless the individual was a resident of the state for at 02 least six consecutive months immediately before leaving the state. 03 * Sec. 22. AS 43.23.011(a) is amended to read: 04 (a) An application for a permanent fund dividend shall be filed during the 05 period that begins January 1 [JANUARY 2] and ends March 31 of that dividend year. 06 * Sec. 23. AS 43.23.035(c) is amended to read: 07 (c) In addition to any criminal penalties imposed by state law, if the 08 department finds that an [AN] individual [WHO], in claiming a permanent fund 09 dividend, or an individual [WHO], in certifying another person's eligibility, willfully 10 misrepresents, exercises gross negligence with respect to, or recklessly disregards a 11 material fact pertaining to, eligibility, the department may issue an order against 12 the individual for the 13 (1) forfeiture of [FORFEITS] the dividend; 14 (2) imposition of [, IS SUBJECT TO] a civil fine of up to $3,000; 15 [$5,000,] and 16 (3) loss of [LOSES] eligibility to receive the next five dividends 17 following the forfeited dividend [DIVIDENDS. THE COMMISSIONER MAY 18 COMMENCE PROCEEDINGS IN COURT TO ENFORCE THIS SUBSECTION]. 19 * Sec. 24. AS 43.23.035 is amended by adding a new subsection to read: 20 (e) The provisions of AS 43.23.015(g) and (i) apply to a request for review of, 21 and to appeal of, a decision under (c) of this section by an individual aggrieved by the 22 decision. When all appeals have been exhausted under this chapter or the time when 23 all of the appeals that could have been taken has expired, the order issued imposing a 24 civil fine, forfeiture, or loss of eligibility becomes final and enforceable in the same 25 manner as a judgment of the court. 26 * Sec. 25. AS 43.23.055 is amended by adding a new paragraph to read: 27 (10) establish a fraud investigation unit for the purpose of assisting the 28 (A) Department of Law in the prosecution of individuals who 29 apply for or obtain a permanent fund dividend in violation of a provision in 30 AS 11, by detecting and investigating those crimes; and 31 (B) commissioner to detect and investigate the claiming or
01 paying of permanent fund dividends that should not have been claimed by or 02 paid to an individual and to impose the penalties and enforcement provisions 03 under AS 43.23.035. 04 * Sec. 26. AS 43.65.020(a) is amended to read: 05 (a) A person subject to tax under this chapter shall make a return stating 06 specifically the items of gross income from the property, including royalty received 07 and the deductions and credits allowed by this chapter and the exploration incentive 08 credit authorized by AS 27.30, and other information for carrying out this chapter that 09 the department prescribes. The return must show the mining license number and must 10 be signed by the taxpayer or an authorized agent of the taxpayer, under penalty of 11 unsworn falsification in the second degree. If receivers, trustees, or assigns are 12 operating the property or business, they shall make returns for the person engaged in 13 mining, or the recipient of royalty in connection with mining property. The tax due on 14 the basis of the returns shall be collected in the same manner as if collected from the 15 person of whose business they have custody and control. In a tax year in which a 16 taxpayer applies against the tax levied under this chapter the exploration incentive 17 credit authorized by AS 27.30, the commissioner shall require the taxpayer to submit 18 the accounting of mining operation activities form required by AS 27.30.030(b). 19 * Sec. 27. AS 43.75.030(a) is amended to read: 20 (a) A person subject to the tax shall file a return stating the value of fisheries 21 resources processed during the license year, computed as required by this chapter, and 22 such other information as the department prescribes by regulation. The return must 23 show the license number and must be signed by the taxpayer or an authorized agent, 24 under penalty of unsworn falsification in the second degree. If a receiver, trustee, or 25 assign is operating the property or business, that person shall file the return for the 26 person. A tax due on the basis of such a return shall be collected in the same manner 27 as if collected from the person of whose business the receiver, trustee, or assign has 28 custody and control. 29 * Sec. 28. AS 43.75.110 is amended to read: 30 Sec. 43.75.110. Duty of taxpayer and payment of tax. A person subject to 31 taxes under AS 43.75.100 shall make a return stating the value of fisheries resources
01 taken, purchased, or otherwise acquired during the license year for sale to fisheries 02 businesses outside of the taxing jurisdiction of the state computed as required by 03 AS 43.75.100, and other information to carry out the provisions of AS 43.75.100 as 04 may be prescribed by the department. The return must contain the license number and 05 must be signed by the taxpayer or an authorized agent, under penalty of unsworn 06 falsification in the second degree. If a receiver, trustee, or assign is operating the 07 property or business, that person shall make the return for the person. A tax due on the 08 basis of such return shall be collected in the same manner as if collected from the 09 person of whose business the receiver, trustee, or assign has custody and control. The 10 requirements for time and place of payment of tax, and the obligation to keep records 11 and make the records available to the commissioner are the same as those prescribed 12 in AS 43.75.011 - 43.75.050. 13 * Sec. 29. AS 45.63.010(d) is amended to read: 14 (d) The notice of intent must be on a form or in a format provided and 15 established by the department by regulation. The department may require the notice of 16 intent to be submitted under oath or affirmation or with notice that false statements 17 made are punishable as unsworn falsification in the second degree under 18 AS 11.56.210. The notice of intent must include detailed information about the nature 19 of the solicitation campaign and the identity and business practices of the telephone 20 seller, including information on the employees, agents, and officers affiliated with the 21 telephone seller. The notice of intent must disclose criminal convictions, civil 22 judgments, orders, consent decrees, or administrative determinations involving 23 allegations of unfair or deceptive business practices by the telephone seller. 24 * Sec. 30. AS 45.68.010(f) is amended to read: 25 (f) The department may require the registration and registration renewal 26 statement required under (c)(1) and (d) of this section to be submitted 27 (1) under oath or affirmation; or 28 (2) with notice that false statements made in the statement are 29 punishable as unsworn falsification in the second degree under AS 11.56.210. 30 * Sec. 31. AS 45.68.055(c) is amended to read: 31 (c) The authorized contracting agent for the paid solicitor shall sign the report
01 required by (b) of this section. Signature of the report under this subsection must be 02 made under oath or affirmation, but submission of false information in a notice that is 03 not signed under oath or affirmation is punishable as an unsworn falsification in the 04 second degree under AS 11.56.210. 05 * Sec. 32. AS 46.03.550(a) is amended to read: 06 (a) Property for which a notice has been issued under AS 46.03.500 shall be 07 determined by the department to be fit for use if the owner certifies to the department 08 under penalty of unsworn falsification in the second degree that 09 (1) based on sampling and testing procedures established by the 10 department under AS 46.03.520(b) and performed by laboratories that are on the list 11 maintained by the department under AS 46.03.520(c), the limits on substances 12 specified in regulations adopted under AS 46.03.530 are not exceeded on the property; 13 (2) if the property was ever sampled and tested under AS 46.03.520 14 and the test results showed the property to be unfit for use under AS 46.03.530, 15 decontamination procedures were performed in accordance with the guidelines 16 established under AS 46.03.540(b) and the requirements of (1) of this subsection have 17 been met; or 18 (3) a court has held that the determination that the property was an 19 illegal drug manufacturing site was not made in compliance with AS 46.03.500(a). 20 * Sec. 33. AS 47.12.120(b) is amended to read: 21 (b) If the minor is not subject to (j) of this section and the court finds that the 22 minor is delinquent, it shall 23 (1) order the minor committed to the department for a period of time 24 not to exceed two years or in any event extend past the day the minor becomes 19 25 years of age, except that the department may petition for and the court may grant in a 26 hearing (A) two-year extensions of commitment that do not extend beyond the minor's 27 19th birthday if the extension is in the best interests of the minor and the public; and 28 (B) an additional one-year period of supervision past age 19 if continued supervision 29 is in the best interests of the person and the person consents to it; the department shall 30 place the minor in the juvenile facility that the department considers appropriate and 31 that may include a juvenile correctional school, juvenile work camp, treatment facility,
01 detention home, or detention facility; the minor may be released from placement or 02 detention and placed on probation on order of the court and may also be released by 03 the department, in its discretion, under AS 47.12.260; 04 (2) order the minor placed on probation, to be supervised by the 05 department, and released to the minor's parents, guardian, or a suitable person; if the 06 court orders the minor placed on probation, it may specify the terms and conditions of 07 probation; the probation may be for a period of time not to exceed two years and in no 08 event to extend past the day the minor becomes 19 years of age, except that the 09 department may petition for and the court may grant in a hearing 10 (A) two-year extensions of supervision that do not extend 11 beyond the minor's 19th birthday if the extension is in the best interests of the 12 minor and the public; and 13 (B) an additional one-year period of supervision past age 19 if 14 the continued supervision is in the best interests of the person and the person 15 consents to it; 16 (3) order the minor committed to the custody of the department and 17 placed on probation, to be supervised by the department and released to the minor's 18 parents, guardian, other suitable person, or suitable nondetention setting such as with a 19 relative or in a foster home or residential child care facility, whichever the department 20 considers appropriate to implement the treatment plan of the predisposition report; if 21 the court orders the minor placed on probation, it may specify the terms and conditions 22 of probation; the department may transfer the minor, in the minor's best interests, from 23 one of the probationary placement settings listed in this paragraph to another, and the 24 minor, the minor's parents or guardian, the minor's foster parent, and the minor's 25 attorney are entitled to reasonable notice of the transfer; the probation may be for a 26 period of time not to exceed two years and in no event to extend past the day the 27 minor becomes 19 years of age, except that the department may petition for and the 28 court may grant in a hearing 29 (A) two-year extensions of commitment that do not extend 30 beyond the minor's 19th birthday if the extension is in the best interests of the 31 minor and the public; and
01 (B) an additional one-year period of supervision past age 19 if 02 the continued supervision is in the best interests of the person and the person 03 consents to it; 04 (4) order the minor and the minor's parent to make suitable restitution 05 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 06 under this paragraph, 07 (A) except as provided in (B) of this paragraph, the court may 08 not refuse to make an order of restitution to benefit the victim of the act of the 09 minor that is the basis of the delinquency adjudication; under this 10 subparagraph, the court may require the minor to use the services of a 11 community dispute resolution center that has been recognized by the 12 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 13 and the victim of the minor's offense as to the amount of or manner of payment 14 of the restitution; 15 (B) the court may not order payment of restitution by the parent 16 of a minor who is a runaway or missing minor for an act of the minor that was 17 committed by the minor after the parent has made a report to a law 18 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 19 away or is missing; for purposes of this subparagraph, "runaway or missing 20 minor" means a minor who a parent reasonably believes is absent from the 21 minor's residence for the purpose of evading the parent or who is otherwise 22 missing from the minor's usual place of abode without the consent of the 23 parent; and 24 (C) at the request of the department, the Department of Law, 25 the victims' advocate, or on its own motion, the court shall, at any time, order 26 the minor and the minor's parent, if applicable, to submit financial information 27 on a form approved by the Alaska Court System to the court, the department, 28 and the Department of Law for the purpose of establishing the amount of 29 restitution or enforcing an order of restitution under AS 47.12.170; the form 30 must include a warning that submission of incomplete or inaccurate 31 information is punishable as unsworn falsification in the second degree under
01 AS 11.56.210; 02 (5) order the minor committed to the department for placement in an 03 adventure-based education program established under AS 47.21.020 with conditions 04 the court considers appropriate concerning release upon satisfactory completion of the 05 program or commitment under (1) of this subsection if the program is not satisfactorily 06 completed; 07 (6) in addition to an order under (1) - (5) of this subsection, order the 08 minor to perform community service; for purposes of this paragraph, "community 09 service" includes work 10 (A) on a project identified in AS 33.30.901; or 11 (B) that, on the recommendation of the city council or 12 traditional village council, would benefit persons within the city or village who 13 are elderly or disabled; or 14 (7) in addition to an order under (1) - (6) of this subsection, order the 15 minor's parent or guardian to comply with orders made under AS 47.12.155, including 16 participation in treatment under AS 47.12.155(b)(1). 17 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 REGULATIONS AND APPLICATION. (a) The Department of Revenue may 20 immediately adopt regulations necessary to implement the changes made by secs. 22 - 24 of 21 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 22 before July 1, 2006. 23 (b) AS 43.23.035(c), as amended in sec. 23 of this Act, and AS 43.23.035(e), as 24 added in sec. 24 of this Act, apply only with respect to applications filed on or after July 1, 25 2006. AS 43.23.035(c) as it read immediately before July 1, 2006, applies with respect to 26 applications filed before July 1, 2006. 27 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 RETROACTIVITY. Sections 20 and 21 of this Act are retroactive to January 1, 2006. 30 * Sec. 36. Sections 20, 21, 34, and 35 of this Act take effect immediately under 31 AS 01.10.070(c).