SB 79: "An Act relating to the management and protection of state land legislatively designated for public use under AS 41.23, and state land designated by the commissioner of the Department of Natural Resources for special management; and providing for an effective date."
00SENATE BILL NO. 79 01 "An Act relating to the management and protection of state land legislatively 02 designated for public use under AS 41.23, and state land designated by the 03 commissioner of the Department of Natural Resources for special management; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.25.190(c) is amended to read: 07 (c) The person cited for the crime shall give a written promise to appear in 08 court by signing at least one copy of the written citation prepared by the peace officer 09 and the officer shall deliver a copy of the citation to the person. The written promise 10 requirement of this subsection does not apply to 11 (1) motor vehicle and traffic citations for which a bail or fine schedule 12 has been established under AS 28.05.151 ; [,] 13 (2) fish and game citations for which a bail schedule has been 14 established under AS 16.05.165 ; [,]
01 (3) citations issued under AS 04.21.065 ; [,] 02 (4) citations issued under AS 18.35.341 ; [,] 03 (5) citations issued in state park and recreational facilities under 04 AS 41.21.960 ; [,] 05 (6) citations issued under AS 38.05.041 in a special use area; 06 (7) citations issued under AS 41.23.980 in a public use area, 07 recreation river, recreational mining area, or other area designated under 08 AS 41.23; or 09 (8) littering citations issued under AS 46.06.080. 10 * Sec. 2. AS 38.05 is amended by adding a new section to article 1 to read: 11 Sec. 38.05.041. Special use areas; violations. If the commissioner, under 12 regulations adopted under this title, designates state land as a special use area and if 13 public notice and an opportunity for public comment on the designation has been 14 provided, a person who without any culpable mental state violates a provision of this 15 title or of a regulation adopted under this title on state land within that special use area 16 is guilty of a special area violation. Penalties, enforcement authority, and form and 17 issuance of citations for a violation under this section are the same as those provided 18 in AS 41.23.960 - 41.23.980. 19 * Sec. 3. AS 41.23 is amended by adding new sections to read: 20 Article 4. General Provisions. 21 Sec. 41.23.950. Special area violations. A person who without any culpable 22 mental state violates a provision of this chapter or a regulation adopted under this 23 chapter is guilty of a special area violation. 24 Sec. 41.23.960. Special area violation penalties. (a) Upon conviction of a 25 special area violation under AS 41.23.950, a person is punishable by a fine of not more 26 than 27 (1) $1,000 for a first conviction; 28 (2) $3,000 for a second conviction or for a subsequent conviction not 29 described in (3) of this subsection; 30 (3) $5,000 for a third or subsequent conviction within a 10-year period. 31 (b) In addition to a penalty under (a) of this section, the court shall order the
01 forfeiture to the state of property or natural resources, including timber, minerals, or 02 materials and the value of the profit or gain obtained by the violator as a result of the 03 commission of the violation. 04 (c) A person charged with a violation under AS 41.23.950 is entitled to a trial 05 by court but not by jury, and is not entitled to representation at public expense. 06 Sec. 41.23.970. Enforcement authority. (a) The following persons shall 07 enforce special area violations under AS 41.23.950: 08 (1) an employee of the department authorized by the commissioner; 09 (2) a police officer in the state; 10 (3) to the extent permitted by law, any other person authorized by the 11 commissioner. 12 (b) A police officer designated in (a) of this section may, when enforcing a 13 special area violation, 14 (1) execute a warrant or other process issued by a court of competent 15 jurisdiction; 16 (2) administer or take an oath, affirmation, or affidavit; 17 (3) arrest or issue a citation to a person who commits a special area 18 violation; and 19 (4) seize property or natural resources obtained as a result of the 20 violation. 21 (c) An employee of the department or other person authorized by the 22 commissioner may issue a citation to a person who commits a special area violation. 23 Sec. 41.23.980. Form and issuance of citation. (a) When a police officer, 24 authorized department employee, or other authorized person stops or contacts a person 25 concerning a special area violation under AS 41.23.950, the police officer or authorized 26 person may issue a citation to the person, subject to the provisions of AS 12.25.180 - 27 12.25.230. The person receiving the citation may not be required to endorse the citation. If 28 the offense for which the citation is issued is one that may be disposed of without court 29 appearance under (b) of this section, the officer or authorized person who issued the citation 30 shall write on the citation the amount of bail applicable to the cited offense. 31 (b) After consultation with the commissioner, the supreme court shall identify
01 those offenses that are amenable to disposition without court appearance and shall 02 establish by rule or order a schedule of bail amounts, not to exceed fines prescribed 03 by law, for those offenses. In preparing a rule or order under this subsection, the court 04 shall consider the seriousness of the violation. 05 (c) A person cited for an offense for which a bail amount has been established 06 under (b) of this section may, within 15 days after the date of the citation, mail or 07 personally deliver to the clerk of the court having jurisdiction over the place where the 08 offense occurred 09 (1) the amount of bail indicated on the citation for that offense; and 10 (2) a copy of the citation indicating the offender's waiver of 11 appearance, plea of no contest, and direction to forfeit the bail and any property or 12 natural resources seized from the offender. 13 (d) When bail has been forfeited under this section, a judgment of conviction 14 shall be entered. Bail forfeited under this section and the forfeiture of property or 15 natural resources seized from the offender is a complete satisfaction for the offense, 16 and the clerk of the court shall provide the offender with a receipt stating that fact. 17 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).