HB 399: "An Act relating to misconduct involving confidential information; relating to artifacts of the state; and relating to penalties regarding artifacts or historic, prehistoric, or archeological resources of the state."
00 HOUSE BILL NO. 399 01 "An Act relating to misconduct involving confidential information; relating to artifacts 02 of the state; and relating to penalties regarding artifacts or historic, prehistoric, or 03 archeological resources of the state." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.76.113(a) is amended to read: 06 (a) A person commits the crime of misconduct involving confidential 07 information in the first degree if the person 08 (1) violates AS 11.76.115 and obtains the confidential information 09 with the intent to 10 (A) use the confidential information to commit a crime; or 11 (B) obtain a benefit to which the person is not entitled, to injure 12 another person, or to deprive another person of a benefit; [OR] 13 (2) publishes or distributes an audio or video recording of an interview 14 of a child for a criminal or child protection investigation, or records of a medical
01 examination of a victim or minor conducted for the purpose of the investigation of an 02 offense under AS 11.41.410 - 11.41.440, 11.41.450, or a child protection 03 investigation, including photographs taken during the examination; or 04 (3) obtains or possesses information that has been classified 05 confidential by law with the intent to 06 (A) use the information to commit a crime under AS 41.35; 07 or 08 (B) provide the information to another person to use to 09 commit a crime under AS 41.35. 10 * Sec. 2. AS 41.35.010 is amended to read: 11 Sec. 41.35.010. Declaration of policy. It is the policy of the state to preserve 12 and protect the artifacts and historic, prehistoric, and archeological resources of 13 Alaska from loss, desecration, and destruction so that the scientific, historic, and 14 cultural heritage embodied in these artifacts and resources may pass undiminished to 15 future generations. To this end, the legislature finds and declares that the artifacts and 16 historic, prehistoric, and archeological resources of the state are properly the subject of 17 concerted and coordinated efforts exercised on behalf of the general welfare of the 18 public in order that these artifacts and resources may be located, preserved, studied, 19 exhibited, and evaluated. 20 * Sec. 3. AS 41.35.020 is amended to read: 21 Sec. 41.35.020. Title to artifacts and historic, prehistoric, and 22 archeological resources; local display. (a) The state reserves to itself title to all 23 artifacts and historic, prehistoric, and archeological resources situated on land owned 24 or controlled by the state, including tideland and submerged land, and reserves to itself 25 the exclusive right of field archeology on state-owned or controlled land. However, 26 nothing in AS 41.35.010 - 41.35.240 diminishes the cultural rights and responsibilities 27 of persons of aboriginal descent or infringes on [UPON] their right of possession and 28 use of those artifacts and resources that may be considered of historic, prehistoric, or 29 archeological value. 30 (b) Although title to artifacts and historic, prehistoric, and archeological 31 resources is in the state, local cultural groups may obtain from the state, or retain, for
01 study or display, artifacts and other items of these resources from their respective 02 cultures or areas if the commission created in AS 41.35.300 finds that (1) the group 03 has a durable building with weatherproof and fireproof construction and humidity 04 control and other factors necessary to serve as a museum that [WHICH] will assure 05 safe preservation of the items, (2) the item sought to be obtained is not one for which 06 there is an undue risk of damage during transportation, and (3) the item sought to be 07 obtained or retained is not one requiring special treatment or care beyond the ability or 08 means of the group requesting it. A group retaining such an item or obtaining one 09 from the state shall house it in the museum building and shall make every reasonable 10 effort to assure its safe preservation. If the commission finds that a local cultural group 11 is not properly taking care of an item the group shall return it to the department. 12 * Sec. 4. AS 41.35.080 is amended to read: 13 Sec. 41.35.080. Permits. The commissioner may issue a permit for the 14 investigation, excavation, gathering, or removal from the natural state, of any artifacts 15 or historic, prehistoric, or archeological resources of the state. A permit may be issued 16 only to persons or organizations qualified to make the investigations, excavations, 17 gatherings, or removals and only if the results of these authorized activities will be 18 made available to the general public through institutions and museums interested in 19 disseminating knowledge on the subjects involved. If the artifact or historic, 20 prehistoric, or archeological resource involved is one that [WHICH] is, or is located 21 on a site that [WHICH] is, sacred, holy, or of religious significance to a cultural 22 group, the consent of that cultural group must be obtained before a permit may be 23 issued under this section. 24 * Sec. 5. AS 41.35.200(a) is amended to read: 25 (a) A person may not appropriate, excavate, remove, injure, or destroy, 26 without a permit from the commissioner, any artifacts or historic, prehistoric, or 27 archeological resources of the state. 28 * Sec. 6. AS 41.35.200(b) is amended to read: 29 (b) A person may not possess, sell, buy, or transport within the state, or offer 30 to sell, buy, or transport within the state, artifacts or historic, prehistoric, or 31 archeological resources taken or acquired in violation of this section or 16 U.S.C. 433.
01 * Sec. 7. AS 41.35.200(d) is amended to read: 02 (d) An artifact or historic, prehistoric, or archeological resource that is taken 03 in violation of this section shall be seized by any person designated in AS 41.35.220 04 wherever found and at any time. Objects seized may be disposed of as the 05 commissioner determines by deposit in the proper public depository. 06 * Sec. 8. AS 41.35.210 is amended to read: 07 Sec. 41.35.210. Criminal penalties. A person who is convicted of violating a 08 provision of AS 41.35.010 - 41.35.240 is guilty of a 09 (1) class B felony punishable as provided in AS 12.55 and by a 10 minimum fine of $25,000 or three times the value of the artifact or historic, 11 prehistoric, or archeological resource, whichever is greater, if the value of the 12 artifact or historic, prehistoric, or archeological resource is equal to or greater 13 than $25,000; a court may impose a civil fine exceeding the amount specified 14 under AS 12.55.035; 15 (2) class A misdemeanor punishable as provided in AS 12.55 if the 16 value of the artifact or historic, prehistoric, or archeological resource is less than 17 $25,000. 18 * Sec. 9. AS 41.35.230(2) is amended to read: 19 (2) "historic, prehistoric, and archeological resources" includes 20 deposits, structures, ruins, sites, buildings, graves, [ARTIFACTS,] fossils, or other 21 objects of antiquity that [WHICH] provide information pertaining to the historical or 22 prehistorical culture of people in the state as well as to the natural history of the state. 23 * Sec. 10. AS 41.35.230 is amended by adding a new paragraph to read: 24 (3) "artifact" means an object made or crafted by humans that has 25 significant historical value and is irreplaceable or part of the state's intrinsic 26 foundational story. 27 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. AS 11.76.113(a), as amended by sec. 1 of this Act, and 30 AS 41.35.210, as amended by sec. 8 of this Act, apply to offenses committed on or after the 31 effective date of this Act.