SB 229 — 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.

32-GS2541\W32-GS2541\A CS FOR SENATE BILL NO.

229(JUD)229 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - SECOND SESSION BY THE SENATE JUDICIARYRULES COMMITTEE Referred:BY REQUEST OF THE GOVERNOR Introduced:

Resources3/11/22 Sponsor(s):Referred:

SENATEJudiciary, RULESResources COMMITTEE BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to historic,misconduct prehistoric,involving orconfidential archeologicalinformation; resources;

and relating to unlawfulartifacts actsof involvingthe historic,state; prehistoric, or archeological resources." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

and relating to penalties regarding artifacts or historic, prehistoric, or archeological resources of the state." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

AS 41.35.200(b)11.76.113(a) is amended to read:

(b)(a) A person maycommits notthe possess,crime sell,of buy,misconduct orinvolving transportconfidential withininformation in the state,first ordegree offerif tothe sell,person buy,(1) orviolates transportAS within11.76.115 theand state,obtains historic,the prehistoric,confidential orinformation archeologicalwith resourcesthe takenintent orto acquired(A) inuse violationthe ofconfidential thisinformation sectionto orcommit 18a U.S.C.crime;

1866(b)or [16(B) U.S.C.obtain a benefit to which the person is not entitled, to injure another person, or to deprive another person of a benefit;

433].[OR] (2) publishes or distributes an audio or video recording of an interview of a child for a criminal or child protection investigation, or records of a medical SB0229A -1- SB 229 New Text Underlined [DELETED TEXT BRACKETED] 32-GS2541\A examination of a victim or minor conducted for the purpose of the investigation of an offense under AS 11.41.410 - 11.41.440, 11.41.450, or a child protection investigation, including photographs taken during the examination;

or (3) obtains or possesses information that has been classified confidential by law with the intent to (A) use the information to commit a crime under AS 41.35;

or (B) provide the information to another person to use to commit a crime under AS 41.35.

AS 41.35.010 is amended to read:

Sec.

41.35.010.

Declaration of policy.

It is the policy of the state to preserve and protect the artifacts and historic, prehistoric, and archeological resources of Alaska from loss, desecration, and destruction so that the scientific, historic, and cultural heritage embodied in these artifacts and resources may pass undiminished to future generations.

To this end, the legislature finds and declares that the artifacts and historic, prehistoric, and archeological resources of the state are properly the subject of concerted and coordinated efforts exercised on behalf of the general welfare of the public in order that these artifacts and resources may be located, preserved, studied, exhibited, and evaluated.

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3.

AS 41.35.020 is amended to read:

Sec.

41.35.020.

Title to artifacts and historic, prehistoric, and archeological resources;

local display.

(a) The state reserves to itself title to all artifacts and historic, prehistoric, and archeological resources situated on land owned or controlled by the state, including tideland and submerged land, and reserves to itself the exclusive right of field archeology on state-owned or controlled land.

However, nothing in AS 41.35.010 - 41.35.240 diminishes the cultural rights and responsibilities of persons of aboriginal descent or infringes on [UPON] their right of possession and use of those artifacts and resources that may be considered of historic, prehistoric, or archeological value.

(b) Although title to artifacts and historic, prehistoric, and archeological resources is in the state, local cultural groups may obtain from the state, or retain, for SB 229 -2- SB0229A New Text Underlined [DELETED TEXT BRACKETED] 32-GS2541\A study or display, artifacts and other items of these resources from their respective cultures or areas if the commission created in AS 41.35.300 finds that (1) the group has a durable building with weatherproof and fireproof construction and humidity control and other factors necessary to serve as a museum that [WHICH] will assure safe preservation of the items, (2) the item sought to be obtained is not one for which there is an undue risk of damage during transportation, and (3) the item sought to be obtained or retained is not one requiring special treatment or care beyond the ability or means of the group requesting it.

A group retaining such an item or obtaining one from the state shall house it in the museum building and shall make every reasonable effort to assure its safe preservation.

If the commission finds that a local cultural group is not properly taking care of an item the group shall return it to the department.

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4.

AS 41.35.080 is amended to read:

Sec.

41.35.080.

Permits.

The commissioner may issue a permit for the investigation, excavation, gathering, or removal from the natural state, of any artifacts or historic, prehistoric, or archeological resources of the state.

A permit may be issued only to persons or organizations qualified to make the investigations, excavations, gatherings, or removals and only if the results of these authorized activities will be made available to the general public through institutions and museums interested in disseminating knowledge on the subjects involved.

If the artifact or historic, prehistoric, or archeological resource involved is one that [WHICH] is, or is located on a site that [WHICH] is, sacred, holy, or of religious significance to a cltural group, the consent of that cultural group must be obtained before a permit may be issued under this section.

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