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Enrolled SB 104: 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 Enrolled SB 104                                                                                                         
01 Relating to the crimes of unsworn falsification in the first degree involving an application for                        
02 a permanent fund dividend and false information or report involving eligibility for a                                   
03 permanent fund dividend; requiring the establishment of a permanent fund dividend fraud                                 
04 investigation unit in the Department of Revenue; relating to service in the peace corps and as                          
05 a member of the United States Olympic Team as allowable absences from the state for                                     
06 purposes of eligibility for permanent fund dividends and to the period for filing an application                        
07 for a permanent fund dividend; authorizing the Department of Revenue to issue administrative                            
08 orders imposing sanctions for certain misrepresentations or other actions concerning                                    
09 eligibility for a permanent fund dividend and providing for administrative appeal of those                              
10 orders; and providing for an effective date.                                                                            
11                           _______________                                                                               
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 (4) - (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).                                                                                                        
01    * Sec. 37. Sections 1 - 19 and 22 - 33 of this Act take effect July 1, 2006.