Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.74.200 Other remedies.
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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 …
AS 18.74.210 Fire prevention and public safety fund.
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(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…
AS 18.74.220 Implementation.
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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 attor…
AS 18.74.230 Review by state fire marshal.
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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.
AS 18.74.240 Regulations.
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The state fire marshal may adopt regulations to implement this chapter.
AS 18.74.250 Inspections.
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(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. (…
AS 18.74.260 Sale outside the state.
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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…
AS 18.74.270 Regulation by municipality.
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Notwithstanding any other provision of law, a municipality may not enact or enforce an ordinance or another law of the municipality that conflicts with this chapter.
AS 18.74.280 Relationship to federal law.
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This chapter does not apply if a federal law is enacted that establishes a reduced cigarette ignition propensity standard and preempts this chapter.
AS 18.74.290 Definitions.
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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 tob…
AS 18.75.010 Extension of dog control ordinances. [Repealed, § 9 ch 109 SLA 1966.]
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[Repealed or reserved.]
AS 18.75.020 Secs. 18.75.020 — 18.75.030. Dog tags; enforcement. [Repealed, § 1 ch 118 SLA 1972.]
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[Repealed or reserved.]
AS 18.75.040 [Renumbered as AS 03.55.070.]
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[Repealed or reserved.]
AS 18.75.050 Secs. 18.75.050 — 18.75.060. Enforcement; exemption. [Repealed, § 1 ch 118 SLA 1972.]
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[Repealed or reserved.]
AS 18.76.010 Participation in statewide avalanche warning system.
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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. T…
AS 18.80.010 Creation.
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There is created in the office of the governor a State Commission for Human Rights.
AS 18.80.020 Composition and appointment.
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The commission consists of seven commissioners, appointed by the governor for staggered terms of five years, and confirmed by the legislature.
AS 18.80.030 Chairman of commission.
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The commission shall elect one of its members as chairman.
AS 18.80.040 Commission meetings.
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The commission shall hold a regular annual meeting and shall hold special meetings as necessitated by AS 18.80.120.
AS 18.80.050 Regulations.
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(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 circums…
AS 18.80.060 Powers and duties of the commission.
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(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 d…
AS 18.80.070 Compensation.
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The members of the commission are authorized per diem and travel allowances allowable to members of other boards and commissions.
AS 18.80.075 Legal counsel.
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Article 2. Commission Investigation and Hearing. (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 complai…
AS 18.80.100 Complaint; withdrawal.
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(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 …
AS 18.80.105 Temporary restraining order.
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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 responde…
AS 18.80.110 Investigation and conciliation.
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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 disc…
AS 18.80.112 Dismissal of complaint without prejudice.
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(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 …
AS 18.80.115 Confidential information.
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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. Th…
AS 18.80.120 Hearing.
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(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 accus…
AS 18.80.130 Order; interest rate.
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(a) At the completion of the hearing or after consideration of a petition for summary decision under AS 18.80.120(e), if the commission finds that a person charged in an accusation has engaged in the discriminatory practice alleged in the accusation, it shall order the person to …
AS 18.80.135 Judicial review and enforcement.
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(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 i…
AS 18.80.140 Effect of compliance with order.
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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.
AS 18.80.145 Intervention by State Commission for Human Rights.
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Article 3. Commission Reports and Publications. (a) When an action is brought under AS 22.10.020(i), the plaintiff shall serve a copy of the complaint on the commission. Upon timely application, the commission may intervene as a party to the action as a matter of right. If the co…
AS 18.80.150 Annual report.
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The commission shall report annually to the governor on civil rights problems it has encountered in the preceding year, and may recommend legislative action. The commission shall provide the Legislative Affairs Agency with 40 copies of the report during the week preceding the con…
AS 18.80.160 Informative publications.
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Article 4. Discriminatory Practices Prohibited. The commission may prepare and distribute pamphlets and press releases to inform the public of its constitutional and statutory civil rights. The commission shall submit proposed publications to the Department of Law for a review of…
AS 18.80.200 Purpose.
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(a) It is determined and declared as a matter of legislative finding that discrimination against an inhabitant of the state because of race, religion, color, national origin, age, sex, physical or mental disability, marital status, changes in marital status, pregnancy, or parenth…
AS 18.80.210 Civil rights.
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The opportunity to obtain employment, credit and financing, public accommodations, housing accommodations, and other property without discrimination because of sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, co…
AS 18.80.215 Activities in aid of housing for minority groups.
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The activities of a nonprofit and noncommercial organization on a nonremunerative basis in aiding minority group members to obtain housing opportunities so as to further the purpose of this chapter are not considered a violation of AS 08.88.161.
AS 18.80.220 Unlawful employment practices; exception.
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(a) Except as provided in (c) of this section, it is unlawful for (1) an employer to refuse employment to a person, or to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of the person's …
AS 18.80.230 Unlawful practices in places of public accommodation.
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(a) It is unlawful for the owner, lessee, manager, agent, or employee of a public accommodation (1) to refuse, withhold from, or deny to a person any of its services, goods, facilities, advantages, or privileges because of sex, physical or mental disability, marital status, chang…
AS 18.80.240 Unlawful practices in the sale or rental of real property.
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It is unlawful for the owner, lessee, manager, or other person having the right to sell, lease, or rent real property (1) to refuse to sell, lease, or rent the real property to a person because of sex, marital status, changes in marital status, pregnancy, race, religion, physical…
AS 18.80.250 Unlawful financing practice.
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(a) It is unlawful for a financial institution or other commercial institution extending secured or unsecured credit, upon receiving an application for financial assistance or credit for the acquisition, construction, rehabilitation, repair, or maintenance of a housing accommodat…
AS 18.80.255 Unlawful practices by the state or its political subdivisions.
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It is unlawful for the state or any of its political subdivisions (1) to refuse, withhold from, or deny to a person any local, state, or federal funds, services, goods, facilities, advantages, or privileges because of race, religion, sex, color, or national origin; (2) to publish…
AS 18.80.260 Aiding, abetting, or coercing a violation of chapter.
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It is unlawful for a person to aid, abet, incite, compel, or coerce the doing of an act forbidden under this chapter or to attempt to do so.
AS 18.80.270 Penalty.
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A person, employer, labor organization, or employment agency, who or that wilfully engages in an unlawful discriminatory practice prohibited by this chapter, or wilfully resists, prevents, impedes, or interferes with the commission or any of its authorized representatives in the …
AS 18.80.280 Acquittal bars other actions.
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The acquittal of a person by the commission or a court of competent jurisdiction of any alleged violation of this chapter is a bar to any other action, civil or criminal, based on the same act or omission.
AS 18.80.290 Local human rights commissions.
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(a) The legislative body of a municipality may, by ordinance or resolution, authorize the establishment of membership in and support of a local human rights commission. The number and qualifications of the members of a local commission and their terms and method of appointment or…
AS 18.80.295 Apprenticeship programs.
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Article 5. General Provisions. The provisions of this chapter affecting discrimination in employment on the basis of age do not apply to apprenticeship programs registered by the Bureau of Apprenticeship and Training, United States Department of Labor, or apprenticeship programs …
AS 18.80.300 Definitions.
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In this chapter, (1) “blockbusting” means an unlawful discriminatory practice by a real estate broker, real estate salesperson, or employee or agent of a broker or another individual, corporation, partnership, or organization for the purpose of inducing a real estate transaction …
AS 18.85.010 Public defender agency established.
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There is created in the Department of Administration a Public Defender Agency to serve the needs of indigent defendants.