Legislature(2021 - 2022)

2022-03-11 Senate Journal

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2022-03-11                     Senate Journal                      Page 1992
SB 229                                                                                                                        
SENATE BILL NO. 229 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
       "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."                                                                                   
                                                                                                                                
was read the first time and referred to the Judiciary and Resources                                                             
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Natural Resources                                                                       
                                                                                                                                
Governor's transmittal letter dated March 10:                                                                                   
                                                                                                                                
Dear President Micciche:                                                                                                        
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to misconduct involving                                                         
confidential information and the protection of state artifacts.                                                                 
                                                                                                                                

2022-03-11                     Senate Journal                      Page 1993
This bill amends the Alaska Historic Preservation Act and the Alaska                                                            
criminal code to provide enhanced protections for historic artifacts                                                            
through increased criminal penalties for violations of the Alaska                                                               
Historic Preservation Act.                                                                                                      
                                                                                                                                
Though a young state in political terms, Alaska has a rich history that,                                                        
if not properly attended and protected, will be lost to future                                                                  
generations. Our State’s remote locations result in troves of historical                                                        
materials being susceptible to removal outside of Alaska and away                                                               
from the public. It is important to provide legal clarity and a deterrent                                                       
for any activity that would illegally monetize the heritage or the                                                              
people of this state.                                                                                                           
                                                                                                                                
Under the Alaska Historic Preservation Act currently, the word artifact                                                         
is not defined. This bill defines artifact. This bill then correspondingly                                                      
amends all of the Alaska Historic Preservation Act statutes to include                                                          
the newly defined term artifact.                                                                                                
                                                                                                                                
The bill’s remaining amendments focus on criminal liability for                                                                 
offenses related to the newly defined term artifact.                                                                            
                                                                                                                                
The Alaska Historic Preservation Act currently limits criminal                                                                  
penalties to a Class A misdemeanor. Under this bill, depending on the                                                           
value of the artifact, an individual could be guilty of either a Class B                                                        
felony or a Class A misdemeanor. An individual will be guilty of a                                                              
Class B felony where the artifact has a value of more than $25,000.                                                             
For that Class B felony, the bill grants the sentencing court the                                                               
discretion to impose a minimum $25,000 fine as well as a fine up to                                                             
three times the value of the artifact. As a Class B felony, a sentencing                                                        
court will impose jail time as provided in Alaska’s sentencing statutes                                                         
under AS 12.55. If the artifact has a value less than $25,000, the                                                              
individual would be guilty of a Class A misdemeanor and a sentencing                                                            
court could impose fines and jail time consistent with a Class A                                                                
misdemeanor as provided in Alaska’s sentencing statutes under                                                                   
AS 12.55.                                                                                                                       
                                                                                                                                
Lastly, the bill amends the offense of “Misconduct involving                                                                    
confidential information in the first degree.” This amendment makes it                                                          
a criminal violation for an individual who obtains and uses                                                                     
confidential information to commit a crime under the Alaska Historic                                                            
Preservation Act. Such a violation would be a Class A misdemeanor.                                                              
                                                                                                                                

2022-03-11                     Senate Journal                      Page 1994
With this combination of providing a definition to such a broad word                                                            
as artifact and empowering our legal system to protect these pieces of                                                          
Alaska’s history, we can further fulfill our obligation to future                                                               
Alaskans by preserving the past of this land.                                                                                   
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor