reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 3. Alaska Fire Standards Council. › Sec. 18.70.350. Powers.

The council may
(1) adopt regulations for the administration of AS 18.70.320 - 18.70.369, including regulations
(A) establishing minimum training and performance standards for certification of fire services personnel that are consistent with the standards of the National Fire Protection Association or other applicable standards;
(B) establishing minimum fire training curriculum requirements for certification of training programs that are designed to enable trainees to meet the standards established under (A) of this paragraph;
(C) governing the procedure for certification of fire services training programs that meet the minimum curriculum requirements adopted under this section;
(D) governing the procedure for certification of individuals who satisfy the minimum training and performance standards established under this section; and
(E) governing the procedure for revocation of the certificate of a person or program that, having been issued a certificate under this section, fails at a later date to meet the standards adopted by the council under this section; the procedures must be consistent with AS 44.62 (Administrative Procedure Act);
(2) consult and cooperate with municipalities, agencies of the state, other governmental agencies, universities, colleges, and other institutions concerning the development of fire services training schools and programs offered in the state;
(3) employ an administrator and other persons necessary to carry out its duties; and
(4) charge and collect fees determined by the council to be necessary.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 3. Alaska Fire Standards Council. › Sec. 18.70.355. Certification optional.

Nothing in AS 18.70.320 - 18.70.369 may be construed to prohibit a person from performing fire services without a certificate issued by the council. However, an entity for whom a person performs fire services as an employee or volunteer may require that the person be certified by the council or attend training programs that are certified by the council.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 3. Alaska Fire Standards Council. › Sec. 18.70.360. Alaska fire services personnel fund.

The Alaska fire services personnel fund is created in the general fund. The fund consists of appropriations made by the legislature to the fund. The council may use the money in the fund to carry out its powers and duties.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 3. Alaska Fire Standards Council. › Sec. 18.70.369. Definitions.

In AS 18.70.320 - 18.70.369,
(1) “council” means the Alaska Fire Standards Council established under AS 18.70.330;
(2) “fire services” means fire prevention services, fire suppression services, fire suppression support services, or training or educational services related to fire prevention or fire suppression that are performed by an employee of or volunteer with an organized fire service;
(3) “organized fire service” means a group of persons organized and trained for prevention and control of loss of life and property from fire, except that the term does not include groups of persons regulated under AS 18.65 or persons regulated under AS 18.08 who are performing within the scope of their certificates acquired under those chapters.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 4. General Provisions. › Sec. 18.70.900. Definition of building.

In this chapter, “building” means a structure, installation, facility, or edifice erected or in the process of being erected and that is used or intended for use as a commercial, industrial, business, institutional, other public building, or residential building containing four or more dwelling units.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 72. State Regulation of Fireworks › Sec. 18.72.010. Regulation of sale of dangerous fireworks.

(a) The sale or offer to sell dangerous fireworks at wholesale or retail for any purpose other than industrial, agricultural, wildlife control, or public display is prohibited.
(b) A person desiring to use dangerous fireworks for industrial, agricultural, wildlife control, or public display purposes shall first comply with the permit requirements of the fire safety code.
(c) All dangerous fireworks shall be purchased from a fireworks wholesaler licensed as such in this state. A fireworks wholesaler may not sell dangerous fireworks to anyone unless the wholesaler has a currently valid permit required by the fire safety code, the number of which shall be affixed to each record of sale by the fireworks wholesaler and maintained as a permanent record of the sale.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 72. State Regulation of Fireworks › Sec. 18.72.020. Regulation of sale of salable fireworks.

(a) A person holding a permit required by the fire safety code may sell or offer for sale salable fireworks if
(1) the person has submitted to the state fire marshal a policy, or a certified true copy of a policy, of public liability and products liability insurance, including both accident and occurrence coverage, provided by the wholesale company selling fireworks to the person, in the amount of at least $200,000 for bodily injury or death and at least $50,000 property damage and the person is named as an insured party upon the policy and the policy is continuously in force while the person is engaged in the retail sale of fireworks; and
(2) an endorsement fee of $10 is paid to the state fire marshal for an endorsement that is valid for two years or portions of two years during which the permit holder is engaged in the retail sale of fireworks.
(b) Upon approval of the insurance required in (a) of this section, the permit of the holder shall be endorsed by the state fire marshal to indicate the holder's right to sell fireworks at retail, and shall indicate an expiration of the authority. The expiration date shall coincide with the expiration date of the permit holder's liability insurance.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 72. State Regulation of Fireworks › Sec. 18.72.030. Fireworks wholesaler's license.

(a) A person who desires to sell fireworks at wholesale in the state shall first make verified application for a license to the state fire marshal on forms provided by the state fire marshal. The forms must require the applicant to supply the applicant's social security number if the applicant is a natural person. The application shall be accompanied by an annual license fee of $50.
(b) The license required under (a) of this section is valid until December 31 of the year during which it is issued and is renewable upon
(1) the payment of each subsequent annual license fee and affirmation that the information contained in the wholesaler's original application for a fireworks wholesaler's license is currently accurate; and
(2) supplying the wholesaler's social security number if it has not previously been supplied under (a) of this section and if the wholesaler is a natural person.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 72. State Regulation of Fireworks › Sec. 18.72.040. Criminal penalty.

A person who recklessly fails to comply with a provision of this chapter or fireworks regulations adopted in the fire safety code is guilty of a class B misdemeanor. Each day of noncompliance constitutes a separate offense. In this section, “recklessly” has the meaning given in AS 11.81.900.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 72. State Regulation of Fireworks › Sec. 18.72.060. Municipal regulation of fireworks.

This chapter and fireworks regulations adopted under the fire safety code supersede the provisions of an ordinance adopted by a city or borough, whether before or after May 23, 1969, that are less restrictive than this chapter or the code. However, nothing in this section affects the authority of a city or organized borough under other law to prohibit or regulate more restrictively than this chapter the offering for sale, exposure for sale, sale, use, or explosion of fireworks.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 72. State Regulation of Fireworks › Sec. 18.72.100. Definitions.

In this chapter and fireworks regulations adopted in the state fire safety code,
(1) “dangerous fireworks” includes all fireworks that are not defined as salable fireworks;
(2) “fire safety code” means the fire safety code of the state adopted and administered by the division of fire prevention of the Department of Public Safety;
(3) “fireworks” means salable fireworks or dangerous fireworks;
(4) “salable fireworks” are 1.4 G fireworks, as defined by the National Fire Protection Association, and, more specifically, shall include and be limited to the following:
(A) roman candles, not exceeding 10 balls spaced uniformly in the tube, total pyrotechnic composition not to exceed 20 grams each in weight, any inside tube diameter not to exceed 3/8 inch;
(B) skyrockets with sticks, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch, with the rocket sticks being securely fastened to the tubes;
(C) helicopter type rockets, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch;
(D) cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight, and the inside tube diameter not to exceed 3/4 inch;
(E) cone fountains, total pyrotechnic composition not to exceed 50 grams each in weight;
(F) wheels, total pyrotechnic composition not to exceed 60 grams for each driver unit or 240 grams for each complete wheel, and the inside tube diameter of driver units not to exceed 1/2 inch;
(G) illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 100 grams each in weight;
(H) dipped sticks, the pyrotechnic composition of which contains chlorate or perchlorate, that do not exceed five grams, and sparklers, the composition of which does not exceed 100 grams each and that contains no magnesium or magnesium and a chlorate or perchlorate;
(I) mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed 40 grams each in weight;
(J) firecrackers with soft casings, the external dimensions of which do not exceed one and one-half inches in length or one-quarter inch in diameter, total pyrotechnic composition not to exceed two grains each in weight;
(K) novelties consisting of two or more devices enumerated in this paragraph when approved by the Bureau of Explosives.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.010. Requirement for sale.

Except as provided by AS 18.74.060, a person may not sell or offer to sell cigarettes in this state, or sell or offer to sell cigarettes to another person located in this state, unless
(1) the cigarettes are tested under
(A) AS 18.74.030 and satisfy the performance standard in AS 18.74.030(d); or
(B) AS 18.74.040 and satisfy an alternative performance standard under AS 18.74.040;
(2) the cigarettes have been marked as required by AS 18.74.130; and
(3) a certification has been submitted by the manufacturer of the cigarettes under AS 18.74.080.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.030. Testing of cigarettes.

(a) Cigarettes shall be tested under
(1) the ASTM International Standard E2187-04, entitled “Standard Test Method for Measuring the Ignition Strength of Cigarettes”; or
(2) a test method established under (b) of this section.
(b) The state fire marshal may adopt an ASTM International standard test method that is adopted by the American Society of Testing and Materials after the standard test method identified under (a) of this section if the state fire marshal finds that the method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns that the same cigarette would exhibit when tested under
(1) the standard test method identified under (a)(1) of this section; and
(2) the criteria established under (c) and (d) of this section.
(c) The testing under this section shall be conducted on 10 layers of filter paper. A complete test trial consists of 40 replicate tests of each cigarette. The performance standard required by (d) of this section may only be applied to a complete test trial.
(d) When tested under this section, not more than 25 percent of the cigarettes tested in a test trial may exhibit full-length burns.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.040. Alternative test methods.

(a) If the state fire marshal determines that cigarettes cannot be tested by a test method established in AS 18.74.030(a), a manufacturer of the cigarettes shall propose an alternative test method and performance standard for the cigarettes to the state fire marshal. On approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed by AS 18.74.030(d), the manufacturer may employ the proposed alternative test method and performance standard to certify the cigarette under AS 18.74.080.
(b) Unless the state fire marshal demonstrates a reasonable basis why the alternative test method should not be accepted under this chapter, the state fire marshal shall authorize a manufacturer to use an alternative test method and performance standard to certify cigarettes for sale in this state if the state fire marshal
(1) determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter; and
(2) finds that the officials responsible for implementing those requirements have approved a proposed alternative test method and performance standard for particular cigarettes proposed by a manufacturer as meeting the fire safety standards of that state's law under a legal provision comparable to this section.
(c) All other applicable requirements of this chapter apply to the manufacturer of the cigarettes tested under this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.050. Testing laboratories.

(a) Testing of cigarettes under this chapter shall be performed by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or by another comparable accreditation standard required by the state fire marshal.
(b) A laboratory that conducts cigarette testing under this chapter shall implement a quality control and quality assurance program that ensures the repeatability of the testing results. The repeatability value may not be greater than 0.19. In this subsection,
(1) “quality control and quality assurance program” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing quality control program;
(2) “repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.065. Testing by state fire marshal.

The state fire marshal may perform testing of cigarettes to determine compliance with this chapter. If the state fire marshal or a contractor of the state fire marshal performs testing to determine a cigarette's compliance with the performance standard in AS 18.74.030(d) or an alternative performance standard under AS 18.74.040, the testing shall be performed under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.080. Certification requirement.

(a) A manufacturer shall submit to the state fire marshal a certification that each cigarette listed in the certification has been tested under AS 18.74.030 and satisfies the performance standard in AS 18.74.030(d), or has been tested under AS 18.74.040 and satisfies an alternative performance standard under AS 18.74.040.
(b) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the performance standard under AS 18.74.030(d) or an alternative performance standard under AS 18.74.040, the cigarette may not be sold or offered for sale in this state or sold to a person located in this state until the manufacturer retests the cigarette under AS 18.74.030 or 18.74.040, the cigarette meets the performance standard under AS 18.74.030(d) or the alternative performance standard under AS 18.74.040, and the manufacturer maintains records of the retesting under AS 18.74.070.
(c) For each cigarette listed in a certification submitted under (a) of this section, a manufacturer shall pay to the state fire marshal a fee of $250. The state fire marshal may adjust this fee annually to ensure that it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter.
(d) Each cigarette certified under this section shall be recertified every three years.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.090. Contents of certification.

The certification required by AS 18.74.080 must provide the following information for each cigarette listed in the certification:
(1) the brand or trade name on the package;
(2) the style, such as “light” or “ultra-light”;
(3) the length in millimeters;
(4) the circumference in millimeters;
(5) the flavor, if applicable;
(6) whether the cigarette is filtered or nonfiltered;
(7) a description of the package;
(8) the marking approved under AS 18.74.120;
(9) the name, address, and telephone number of the laboratory that conducted the test, if different than the manufacturer who conducted the test; and
(10) the date that the testing occurred.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.100. Banding requirement.

Each cigarette listed in a certification submitted under AS 18.74.080 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in AS 18.74.030(d) must have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band must be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there must be at least two bands fully located at least
(1) 15 millimeters from the lighting end; and
(2) 10 millimeters from
(A) the filter end of the tobacco column; or
(B) the labeled end of the tobacco column of a nonfiltered cigarette.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.120. Packaging marking approval.

(a) Before submitting a certification of a cigarette under AS 18.74.080, a manufacturer shall present its proposed packaging marking to the state fire marshal for approval. The state fire marshal shall approve or disapprove the proposed packaging marking. Proposed packaging marking shall be considered approved if the state fire marshal fails to act within 10 business days after receiving a request for approval.
(b) Notwithstanding AS 18.74.130, the state fire marshal shall give a preference to proposed packaging marking for a cigarette that is in use and approved for the cigarette under the fire safety standards for cigarettes established by the law of the state of New York, unless the state fire marshal demonstrates a reasonable basis why the proposed packaging marking should not be approved under this chapter.
(c) Notwithstanding AS 18.74.130, the state fire marshal shall approve the use of the letters “FSC” for “fire standards compliant” on proposed packaging marking to indicate that the cigarettes comply with the performance standard in AS 18.74.030(d) or an alternative performance standard under AS 18.74.040.
(d) A manufacturer may not change its approved packaging marking unless the state fire marshal has approved the modification under this section.
(e) A wholesale dealer, an agent, and a retail dealer shall permit the state fire marshal, the department, the attorney general, and the employees of those persons to inspect packaging markings of cigarettes.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.130. Marking of cigarette packaging.

(a) The packaging containing a brand and style of cigarette that a manufacturer certifies under AS 18.74.080 must be marked to indicate compliance with the requirements of this chapter. The packaging marking must be in eight-point type or larger and consist of
(1) a modification of the universal product code to include a visible mark printed at or around the area of the code; the mark may consist of alphanumeric or symbolic characters and must be permanently stamped, engraved, embossed, or printed in conjunction with the universal product code;
(2) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed on the package or wrapping; or
(3) printed, stamped, engraved, or embossed text on the cigarette package that indicates that the cigarettes satisfy the requirements of this chapter.
(b) A manufacturer shall use only one packaging marking and apply that packaging marking uniformly to all packaging and to all brands marketed by the manufacturer for sale in this state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.150. Copies.

A manufacturer who certifies a cigarette under AS 18.74.080 shall provide a copy of the certification to each wholesale dealer and agent to whom the manufacturer sells the cigarette. The manufacturer shall also provide the wholesale dealer and agent with sufficient copies of an illustration of the cigarette packaging markings used by the manufacturer under AS 18.74.130 for each retail dealer to whom the wholesale dealer or agent sells cigarettes. A wholesale dealer or an agent shall provide a copy of the cigarette packaging markings received from a manufacturer to each retail dealer to whom the wholesale dealer or agent sells cigarettes.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.160. Penalties for violations.

(a) A manufacturer, a wholesale dealer, an agent, or another person who knowingly sells or offers to sell cigarettes other than through retail sale and in violation of AS 18.74.010 is subject to a civil penalty not to exceed
(1) $10,000 for a first violation;
(2) $25,000 for each violation that is not a first violation.
(b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of AS 18.74.010 is subject, for each sale or offer to sell, to a civil penalty not to exceed
(1) $500 for a first violation in which the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes;
(2) $2,000 for each violation that is not a first violation and in which the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes;
(3) $1,000 for a first violation in which the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes;
(4) $5,000 for a violation that is not a first violation and in which the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes.
(c) The penalties against
(1) one manufacturer, wholesale dealer, agent, or other person under (a) of this section may not exceed $100,000 for violations occurring during a 30-day period; or
(2) one retail dealer under (b) of this section may not exceed $25,000 for violations occurring during a 30-day period.
(d) In addition to any other penalty prescribed by law, a person engaged in the manufacture of cigarettes who knowingly makes a false certification under AS 18.74.080 is subject to a civil penalty of at least $75,000 for a first violation and a civil penalty not exceeding $250,000 for each violation that is not a first violation.
(e) A manufacturer who fails to make copies of reports available under AS 18.74.070 within 60 days after receiving a written request from the state fire marshal or the attorney general is subject to a civil penalty not to exceed $10,000 for each day after the 60th day that the manufacturer does not make the copies available.
(f) If a person violates a provision of this chapter and a civil penalty is not set for the violation, the person is subject to a civil penalty not to exceed $1,000 for a first violation and a civil penalty not exceeding $5,000 for each violation that is not a first violation.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.180. Separate accounting.

The fee received under AS 18.74.080(c) and the civil penalties imposed under AS 18.74.160 shall be deposited into the general fund and separately accounted for under AS 37.05.142. The legislature may appropriate the money accounted for under this section to the fire prevention and public safety fund established under AS 18.74.210.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.190. Seizure of cigarettes.

(a) If a person is offering for sale or has made a sale of cigarettes in violation of AS 18.74.010, the state fire marshal, the department, or a law enforcement agency shall seize and, subject to (b) of this section, dispose of the cigarettes.
(b) Before disposal of cigarettes under (a) of this section, the state fire marshal or the department shall
(1) provide the person from whom the cigarette was seized with notice of the seizure and an opportunity for a hearing regarding the seizure; and
(2) permit the holder of the trademark rights in the cigarette brand to inspect the cigarettes.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.200. Other remedies.

In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action in superior court for a violation of this chapter, including an action for injunctive relief or to recover costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation. Each violation of this chapter or of the regulations adopted under this chapter constitutes a separate cause of action for which the state fire marshal or attorney general may obtain relief.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.210. Fire prevention and public safety fund.

(a) The fire prevention and public safety fund is established. The fund consists of appropriations made to the fund.
(b) The purpose of the fund is to pay the expenses of the state fire marshal and the department for implementing and enforcing this chapter.
(c) Money appropriated to the fund may be spent for the purposes of the fund without further appropriation. Money appropriated to the fund does not lapse.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.220. Implementation.

The substance of the fire safety standards for cigarettes established by the law of the state of New York and the implementation of these standards by the state of New York shall be persuasive authority in the implementation of this chapter by the state fire marshal and the attorney general.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.230. Review by state fire marshal.

The state fire marshal shall review the effectiveness of this chapter, report the state fire marshal's findings to the legislature every three years on or by January 30 of the reporting year, and, if appropriate, recommend legislation to improve the effectiveness of this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.250. Inspections.

(a) The department may inspect cigarettes held by wholesale dealers, agents, and retail dealers to determine if the cigarettes are marked as required by AS 18.74.120 and 18.74.130. If the cigarettes are not marked as required, the department shall notify the state fire marshal.
(b) To determine compliance with this chapter, the state fire marshal and the attorney general may examine the books, papers, invoices, and other records of a person who possesses, controls, or occupies premises where cigarettes are placed, stored, sold, or offered for sale, and the stock of cigarettes on the premises.
(c) A person who possesses, controls, or occupies premises where cigarettes are placed, sold, or offered for sale shall allow the state fire marshal and the attorney general to make the inspections authorized by this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.260. Sale outside the state.

This chapter may not be interpreted to prohibit a person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and the person has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 74. Cigarette Fire Safety › Sec. 18.74.290. Definitions.

In this chapter,
(1) “agent” means a person authorized by the department to purchase and affix stamps on packages of cigarettes under AS 43.50.500 - 43.50.700;
(2) “cigarette” means a roll for smoking of any size or shape, made wholly or in part of tobacco, whether or not the tobacco is flavored, adulterated, or mixed with another ingredient, if the wrapper or cover of the roll is made of paper or a material other than tobacco;
(3) “department” means the Department of Revenue;
(4) “manufacturer” means
(A) a person who manufactures or otherwise produces cigarettes, or causes cigarettes to be manufactured or produced anywhere, if the manufacturer intends the cigarettes to be sold in this state, including cigarettes intended to be sold in the United States through an importer;
(B) the first purchaser anywhere who intends to resell in the United States cigarettes that are manufactured anywhere and that the original manufacturer or maker does not intend to be sold in the United States; or
(C) a person who becomes a successor of a person described in (A) or (B) of this paragraph;
(5) “retail dealer” means a person, other than a manufacturer or wholesale dealer, who sells cigarettes or tobacco products;
(6) “sale” or “sell” means a sale, exchange, barter, and any other manner of transferring the ownership of personal property;
(7) “wholesale dealer” means a person who
(A) sells cigarettes or tobacco products to retail dealers or other persons for resale; and
(B) owns, operates, or maintains cigarette or tobacco vending machines in, at, or on premises owned or occupied by another person.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 76. Alaska Avalanche Warning System › Sec. 18.76.010. Participation in statewide avalanche warning system.

The Department of Public Safety, acting in cooperation with a municipality or with an agency of the federal government, shall participate in the development and implementation of a statewide avalanche warning system and shall represent the state in the operation of that system. The statewide system shall
(1) establish and maintain a service center and primary and supplementary field stations to gather information and data concerning ground weather conditions, snow pack, and avalanche activity;
(2) forecast snow avalanche conditions throughout the state;
(3) coordinate a public awareness program on avalanche danger;
(4) catalog a comprehensive atlas of avalanche paths and slide occurrences; and
(5) assist local governments and state agencies in identifying hazardous avalanche zones and in developing snow avalanche zoning regulations.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 1. Creation and Organization of Commission. › Sec. 18.80.050. Regulations.

(a) The commission shall adopt procedural and substantive regulations necessary to implement this chapter.
(b) The commission shall adopt regulations relating to discrimination because of physical and mental disability. The regulations must furnish guidance concerning the circumstances under which it is necessary to make a reasonable accommodation for a physically or mentally disabled person when providing employment, financing or credit, public accommodations, the sale or rental of real property, or other goods, services, facilities, advantages, or privileges under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 1. Creation and Organization of Commission. › Sec. 18.80.060. Powers and duties of the commission.

(a) In addition to the other powers and duties prescribed by this chapter, the commission shall
(1) appoint an executive director approved by the governor;
(2) hire other administrative staff as may be necessary to the commission's function;
(3) exercise general supervision and direct the activities of the executive director and other administrative staff;
(4) accept complaints under AS 18.80.100;
(5) study the problems of discrimination in all or specific fields of human relationships, foster through community effort or goodwill, cooperation and conciliation among the groups and elements of the population of the state, and publish results of investigations and research as in its judgment will tend to eliminate discrimination because of race, religion, color, national ancestry, physical or mental disability, age, sex, marital status, changes in marital status, pregnancy, or parenthood;
(6) make an overall assessment, at least once every three years, of the progress made toward equal employment opportunity by every department of state government; results of the assessment shall be included in the annual report made under AS 18.80.150.
(b) In addition to other powers and duties prescribed by this chapter, the commission may
(1) delegate to the executive director all powers and duties given it by this chapter except the duties and powers given it by AS 18.80.120 and 18.80.130;
(2) call upon the departments and agencies of the state, with the approval of the governor, for cooperation and assistance in carrying out this chapter;
(3) hold hearings under AS 18.80.120;
(4) establish the amount and manner of payment of fees for educational services, information, and materials that the commission provides to public and private organizations and other persons.
(c) A commissioner or an employee authorized by the commission may administer oaths, certify to all official acts, and issue subpoenas, subpoenas duces tecum, and other process to compel the attendance of witnesses and the production of testimony, records, papers, accounts, and documents in any inquiry, investigation, hearing, or proceeding before the commission in the state. The commission, a commissioner, or an employee authorized by the commission may petition a court of this state to enforce its subpoenas, subpoenas duces tecum, and other process.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 1. Creation and Organization of Commission. › Sec. 18.80.075. Legal counsel.

(a) The attorney general is the legal counsel for the commission. The attorney general shall advise the commission in legal matters arising in the discharge of its duties, shall assist in the preparation and presentation of complaints to the commission, and shall represent the commission in legal actions to which it is a party.
(b) The commission may employ temporary legal counsel for proceedings before the commission and court actions involving the commission in which proceedings or actions the attorney general is representing another agency of the state government.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 2. Commission Investigation and Hearing. › Sec. 18.80.100. Complaint; withdrawal.

(a) A person who is aggrieved by a discriminatory practice prohibited by this chapter may sign and file with the commission a written, verified complaint stating the name and address of the person alleged to have engaged in the discriminatory practice, and the particulars of the discrimination. A complainant may withdraw the complaint at any time before the service of an accusation under AS 18.80.120. A withdrawal must be signed by the complainant and be in writing. A withdrawal does not limit the discretion of the executive director provided in (b) of this section.
(b) The executive director may file a complaint in the manner provided in (a) of this section when a discriminatory practice comes to the attention of the executive director.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 2. Commission Investigation and Hearing. › Sec. 18.80.105. Temporary restraining order.

At any time after a complaint is filed under AS 18.80.100, alleging an unlawful discriminatory practice, the commission may file a petition in the superior court in the judicial district in which the subject of the complaint occurs, or in the judicial district in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court has the power to grant the temporary relief or restraining order it considers just and proper; however, no relief or order extending beyond 10 days may be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in discriminatory practices.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 2. Commission Investigation and Hearing. › Sec. 18.80.110. Investigation and conciliation.

The executive director or a member of the commission's staff designated by the executive director shall informally investigate the matters set out in a filed complaint, promptly and impartially. If the investigator determines that there is substantial evidence of an unlawful discriminatory practice under this chapter, the investigator shall immediately try to eliminate or remedy the discriminatory practice through an agreement reached by conference, conciliation, and persuasion. If an agreement is reached, it must be reduced to writing and signed by the complainant, executive director, and respondent. The agreement is binding and enforceable under this chapter as an order of the commission. An agreement reached under this section may include the compromise of damages authorized under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 2. Commission Investigation and Hearing. › Sec. 18.80.112. Dismissal of complaint without prejudice.

(a) If an investigation of a complaint under AS 18.80.110 fails to discover substantial evidence of an unlawful discriminatory practice under this chapter, the executive director shall issue an order dismissing the complaint without prejudice.
(b) At any time before the issuance of an accusation under AS 18.80.120, the executive director may dismiss without prejudice a complaint if the executive director determines that
(1) the complainant's objection to a proposed agreement under AS 18.80.110 is unreasonable;
(2) the complainant is unavailable or unwilling to participate in a hearing;
(3) relief is precluded by the absence of the person alleged to have engaged in the discriminatory practice;
(4) the person aggrieved by the discriminatory practice has initiated or has notified in writing the commission of the intent to initiate an action or proceeding in another forum based on the same facts;
(5) a hearing will not represent the best use of commission resources;
(6) a hearing will not advance the purposes stated in AS 18.80.200; or
(7) the probability of success of the complaint on the merits is low.
(c) The commission, in its discretion, may, but is not required to, review the executive director's order of dismissal under (a) or (b) of this section and may affirm the order, remand the complaint for further investigation, or, if the commission concludes that substantial evidence supports the complaint of an unlawful discriminatory practice, refer the complaint for conference, conciliation, and persuasion as provided in AS 18.80.110, or for hearing.
(d) Dismissal under this section does not prevent a complainant from
(1) initiating an action or proceeding in another forum; or
(2) filing a new complaint under AS 18.80.100 that resolves the grounds for the dismissal under this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 2. Commission Investigation and Hearing. › Sec. 18.80.115. Confidential information.

Except as provided in AS 18.80.105, the commission may not make public the name of a person initiating a complaint or a person alleged to have committed an act or practice declared unlawful in this chapter during an investigation conducted by the commission under AS 18.80.110. The records of investigation and information obtained by the commission during an investigation under AS 18.80.110 are confidential and may not be made available by the commission for inspection by the public. However, the records and information compiled by the commission during an investigation shall be available to the complainant or respondent (1) at least 10 days before a hearing is held under AS 18.80.120 or upon receipt by the complainant or respondent under AS 18.80.120 of a notice of failure of conciliation under AS 18.80.110, whichever occurs earlier; and (2) in accordance with the rules of discovery if an action relating to the charge is commenced in court. In addition, the commission may issue public statements describing or warning of a course of conduct that constitutes or will constitute an unlawful practice under this chapter, and the commission may also make information public if necessary to perform its duties or exercise its powers under AS 18.80.105 and 18.80.120 - 18.80.145.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 2. Commission Investigation and Hearing. › Sec. 18.80.120. Hearing.

(a) If no agreement is reached under AS 18.80.110 and the executive director determines to refer the complaint for hearing, the executive director shall issue an accusation based on the investigator's determination of substantial evidence and serve the person charged in the accusation and the complainant with notice of the referral and a copy of the accusation. The executive director's decision to refer the complaint to hearing is not reviewable by the commission under this chapter. The location of the hearing is the commission office unless the commission designates another location. The executive director, or the executive director's designee, shall present the case in support of the accusation before the commission. The person charged in the accusation may file a written answer and may appear at the hearing, with or without counsel, and submit evidence.
(b) The commission shall request the chief administrative law judge to appoint, under AS 44.64.020, an administrative law judge employed or retained by the office of administrative hearings to preside over a hearing conducted under this section. AS 44.64.040 - 44.64.055, 44.64.070 - 44.64.200, and the procedures in AS 44.62.330 - 44.62.630 (Administrative Procedure Act) apply to the hearing except as otherwise provided in this chapter.
(c) An accusation may be reasonably and fairly amended by the commission. An amendment to name a different discriminatory practice must be supported by substantial evidence, and the discriminatory practice must be referred for conference, conciliation, and persuasion as provided in AS 18.80.110, before a hearing may proceed.
(d) In a hearing on an accusation, each element of an accusation or defense must be proven by a preponderance of the evidence.
(e) At any time after the issuance of an accusation, the executive director or the person charged in the accusation may petition for a summary decision on the accusation. The commission shall grant a petition if, after a reasonable opportunity for discovery, the record shows that there is no genuine issue of material fact and the petitioner is entitled to an order under AS 18.80.130 as a matter of law.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 2. Commission Investigation and Hearing. › Sec. 18.80.135. Judicial review and enforcement.

(a) A complainant, or person against whom a complaint is filed or other person aggrieved by an order of the commission, may obtain judicial review of the order in accordance with AS 44.62.560 - 44.62.570.
(b) The commission may obtain a court order for the enforcement of any of its orders by filing a complaint with the superior court in the judicial district in which the unlawful practice is alleged to have occurred.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 80. State Commission for Human Rights › Article 2. Commission Investigation and Hearing. › Sec. 18.80.140. Effect of compliance with order.

Immediate and continuing compliance with all the terms of a commission order is a bar to criminal prosecution for the particular instances of discriminatory practice described in the accusation issued under AS 18.80.120.