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Title 02. Aeronautics


Published: 2015

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Sec. 01.10.055. Residency.

 (a) A person establishes residency in the state by being physically present in the state with the intent to remain in the state indefinitely and to make a home in the state.

 (b) A person demonstrates the intent required under (a) of this section

 (1) by maintaining a principal place of abode in the state for at least 30 days or for a longer period if a longer period is required by law or regulation; and

 (2) by providing other proof of intent as may be required by law or regulation, which may include proof that the person is not claiming residency outside the state or obtaining benefits under a claim of residency outside the state.

 (c) A person who establishes residency in the state remains a resident during an absence from the state unless during the absence the person establishes or claims residency in another state, territory, or country, or performs other acts or is absent under circumstances that are inconsistent with the intent required under (a) of this section to remain a resident of this state.

Sec. 01.10.060. Definitions.

 (a) In the laws of the state, unless the context otherwise requires,

 (1) "action" includes any matter or proceeding in a court, civil or criminal;

 (2) "daytime" means the period between sunrise and sunset;

 (3) "month" means a calendar month unless otherwise expressed;

 (4) "municipality" means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality;

 (5) "nighttime" means the period between sunset and sunrise;

 (6) "oath" includes affirmation or declaration;

 (7) "peace officer" means

 (A) an officer of the state troopers;

 (B) a member of the police force of a municipality;

 (C) a village public safety officer;

 (D) a regional public safety officer;

 (E) a United States marshal or deputy marshal; and

 (F) an officer whose duty it is to enforce and preserve the public peace;

 (8) "person" includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person;

 (9) "personal property" includes money, goods, chattels, things in action, and evidences of debt;

 (10) "property" includes real and personal property;

 (11) "real property" is coextensive with land, tenements, and hereditaments;

 (12) "signature" or "subscription" includes the mark of a person who cannot write, with the name of that person written near the mark by a witness who writes the witness's own name near the name of the person who cannot write; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names to the sworn statement;

 (13) "state" means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories;

 (14) "writing" includes printing.

 (b) In the laws of the state, "lewd conduct," "lewd touching," "immoral conduct," "indecent conduct," and similar terms do not include the act of a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. Nothing in this subsection may be construed to authorize an act that is an offense under AS 11.61.123 .

Sec. 01.10.065. Registered mail, certified mail.

When the use of registered mail is authorized or required by the laws of the state, certified mail, with return receipt requested, may be used.

Article 03. EFFECT AND EFFECTIVE DATE OF STATUTES

Sec. 01.10.070. Time statutes become law and take effect.

 (a) All bills passed by the legislature become law upon the governor's signature or upon the governor's veto being overridden or, when the governor allows a bill to become law without signature, on the day after expiration of the period allowed for gubernatorial action by art. II, Sec. 17 of the Alaska Constitution. Acts become effective 90 days after becoming law, unless the legislature, by concurrence of two-thirds of the membership of each house, provides for another effective date.

 (b) The actual effective date of an Act having no effective-date provision is determined by starting with the day after it is signed by the governor or the day after the governor's veto is overridden or the day after expiration of the period allowed for gubernatorial action by art. II, Sec. 17 of the Alaska Constitution, and counting 90 calendar days, the Act becoming effective at 12:01 a.m., Alaska Standard Time on the 90th day.

 (c) The actual effective date and time of an Act having an immediate-effective-date provision is 12:01 a.m., Alaska Standard Time, on the day after it is signed by the governor or on the day after the governor's veto is overridden or on the day after expiration of the period allowed for gubernatorial action by art. II, Sec. 17 of the Alaska Constitution.

 (d) An Act that specifies a definite effective date becomes effective at 12:01 a.m., Alaska Standard Time, on the date specified. However, if the specified definite effective date is on or before the day the governor signs the Act, the day the governor's veto is overridden, or the last day of the period allowed for gubernatorial action by art. II, sec. 17, Constitution of the State of Alaska, as applicable, the Act becomes effective at 12:01 a.m., Alaska Standard Time, on the day after the governor signs the Act, the governor's veto is overridden, or the period allowed for gubernatorial action by art. II, sec. 17, Constitution of the State of Alaska, expires, as applicable.

 (e) When the governor allows a bill to become law without signature, the governor shall give written notice of that fact to the legislature. The date of this notice does not affect the date the bill becomes law or the date the Act takes effect.

 (f) In this section,

 (1) "Act" means a bill which has become law;

 (2) "bill" means a legislative document proposing an Act;

 (3) "becomes effective" means becomes applicable; "effective date" does not mean date of enactment (or date of becoming law), although the two will coincide when a bill which has an immediate-effective-date provision is allowed to become law without the governor's signature;

 (4) "becomes law" means is enacted; "enactment" occurs when any one of the following takes place:

 (A) a bill which is passed by the legislature is signed by the governor;

 (B) the period specified in art. II, Sec. 17 of the Alaska Constitution expires without gubernatorial action;

 (C) the legislature overrides the governor's veto of a bill;

 (5) "passed by the legislature" means that the required majority of each house of the legislature has taken final action in approving the same version of a bill.

Sec. 01.10.080. Computation of time.

The time in which an act provided by law is required to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.

Sec. 01.10.090. Retrospective statutes.

No statute is retrospective unless expressly declared therein.

Sec. 01.10.100. Effect of repeals or amendments.

 (a) The repeal or amendment of a law does not release or extinguish any penalty, forfeiture, or liability incurred or right accruing or accrued under that law, unless the repealing or amending act so provides expressly. The law shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture, or liability.

 (b) The expiration of a temporary law does not release or extinguish a penalty, forfeiture, or liability incurred or right accruing or accrued under that law unless the temporary law so provides expressly, and that law shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture, or liability or right accruing or accrued.

 (c) When an act repealing a former act, section, or provision is itself repealed, that repeal does not revive the former act, section, or provision, unless it is expressly so provided.

Article 04. THE STATEHOOD ACT

Sec. 01.10.110. Effect of amendments to Statehood Act.

No amendment (enacted after September 16, 1976) that affects an interest of the state under the Alaska Statehood Act (72 Stat. 339) is effective as to the state unless approved by law enacted by the legislature or the people of the state.

Title 02. AERONAUTICS
Chapter 02.05. ALASKA AIR COMMERCE ACT OF 1960

[Repealed, 1983 Initiative Proposal No. 2, Sec. 6].

Chapter 02.10. AERONAUTICS AND COMMUNICATION

Sec. 02.10.010. Supervision over aeronautics and communication; regulations.

 (a) The Department of Transportation and Public Facilities shall supervise aeronautics and communications inside the state, and shall make recommendations for the establishment, location, maintenance, operation, and use of airports, landing fields, air markings, air beacons, and other navigation facilities.

 (b) The department shall, whenever it considers the action necessary in the interest of general safety or the safety of those engaged in aeronautics, adopt regulations establishing minimum standards with which all air navigation facilities shall comply, and shall adopt and enforce regulations to safeguard from accident and to protect the safety of persons operating or using aircraft and persons and property on the ground, and to develop and promote aeronautics and communications in the state. However, the regulations may not duplicate or conflict with the aeronautical and communications regulations adopted by the United States Department of Transportation or the Federal Communications Commission.

 (c) The department shall adopt regulations governing the proper protection of the records of the proceedings of the department and the filing and publicizing of its regulations so that they are accessible to and generally known by the interested public.

Sec. 02.10.020. , 02.10.030. Investigations and hearings; use of reports of or testimony in investigations as evidence and department employees as witnesses. [Repealed, Sec. 14 ch 56 SLA 2001].

 Repealed or Renumbered

Sec. 02.10.040. Regulations governing radio ground stations.

The department shall adopt regulations governing the following:

 (1) the establishment of ground radio transmitters, adapted to the use of phone or code, of the power and on the frequencies needed, and for which permits can be obtained from the Federal Communications Commission, at or in the cities of Ketchikan, Juneau, Cordova, Anchorage, Fairbanks, and Nome, or as many of the cities as the department considers necessary for thorough communications coverage;

 (2) the establishment of schedules for operation of the ground stations, together with the necessary arrangements for the stations to receive weather and other data available through other communication agencies;

 (3) the use of the ground stations for commercial purposes, other than aviation, where no other communications service is available, provided that commercial use shall be limited to communications to the nearest United States Signal Corps station, or to its destination where no Signal Corps station is located;

 (4) other uses to which the ground stations can be put, on the frequencies, and under the licenses, on which they are authorized to operate;

 (5) the proper protection of the records of the proceedings of the department and the filing and publicizing of its regulations so that they are accessible to and generally known by the interested public;

 (6) the fixing of tolls to be charged for use of ground stations for commercial purposes, and the manner and method of accounting for the tolls;

 (7) the establishment of additional radio telephone stations, or the relocation of stations already established, which, in the opinion of the department are necessary, and from which the benefits and advantages expected to be derived, justify the cost of installation and maintenance.

Sec. 02.10.050. Use of revenue. [Repealed, Sec. 2 ch 8 SLA 1968].

 Repealed or Renumbered

Sec. 02.10.060. - 02.10.090. Community and private cooperation; penalties; department defined; short title. [Repealed, Sec. 14 ch 56 SLA 2001].

 Repealed or Renumbered

Chapter 02.15. ALASKA AERONAUTICS ACT OF 1949

Article 01. AERONAUTICS FUNCTIONS