Alaska 2023-2024 Regular Session

Alaska House Bill HB82 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0082a -1- HB 82
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5	5	33-LS0483\A
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11	11	HOUSE BILL NO. 82
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE RAUSCHER
18	18
19	19	Introduced: 2/27/23
20	20	Referred: Judiciary, Finance
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the selection, retention, and rejection of judicial officers for the 1
28	28	court of appeals and the district court and of magistrates; relating to the duties of the 2
29	29	judicial council; and relating to the duties of the Commission on Judicial Conduct." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. AS 15.15.030(10) is amended to read: 5
32	32	(10) A nonpartisan ballot shall be designed for each judicial district in 6
33	33	which a justice, [OR] judge, or magistrate is seeking retention in office. The ballot
34	34	7
35	35	shall be divided into five [FOUR] parts. Each part must bear a heading indicating the 8
36	36	court or position to which the candidate is seeking approval, and provision shall be 9
37	37	made for marking each question "Yes" or "No." Within each part, the question of 10
38	38	whether the justice, [OR] judge, or magistrate shall be approved or rejected shall be 11
39	39	set out in substantially the following manner: 12
40	40	(A) "Shall . . . . . . . be retained as justice of the supreme court 13
41	41	for 10 years?"; 14 33-LS0483\A
42	42	HB 82 -2- HB0082a
43	43	New Text Underlined [DELETED TEXT BRACKETED]
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45	45	(B) "Shall . . . . . . . be retained as judge of the court of appeals 1
46	46	for eight years?"; 2
47	47	(C) "Shall . . . . . . . be retained as judge of the superior court 3
48	48	for six years?"; [OR] 4
49	49	(D) "Shall . . . . . . . be retained as judge of the district court for 5
50	50	four years?"; or 6
51	51	(E) "Shall . . . . . . . be retained as a magistrate for four 7
52	52	years?" 8
53	53	* Sec. 2. AS 15.35.100 is amended to read: 9
54	54	Sec. 15.35.100. Approval or rejection of district judge or magistrate. (a) 10
55	55	Each district judge and each magistrate shall be subject to approval or rejection at 11
56	56	the first general election held more than two years after the judge's or magistrate's 12
57	57	appointment under the provisions of AS 22.15.170. If approved, the judge or 13
58	58	magistrate shall thereafter be subject to approval or rejection in a like manner every 14
59	59	fourth year. 15
60	60	(b) The district judge or magistrate shall seek approval in the judicial district 16
61	61	in which the judge or magistrate was originally appointed, or in the district where the 17
62	62	judge or magistrate has served the major portion of the judge's or magistrate's term. 18
63	63	The district judge or magistrate shall designate on the declaration of candidacy the 19
64	64	judicial district in which the judge or magistrate was appointed, or the district where 20
65	65	the judge or magistrate has served the major portion of the judge's or magistrate's 21
66	66	term. 22
67	67	* Sec. 3. AS 15.35.110 is amended to read: 23
68	68	Sec. 15.35.110. Filing declaration by district judge or magistrate. Each 24
69	69	district judge and each magistrate seeking retention in office shall file with the 25
70	70	director a declaration of candidacy for retention not [NO] later than August 1 before 26
71	71	the general election at which approval or rejection is required [REQUISITE]. 27
72	72	* Sec. 4. AS 15.35.120 is amended to read: 28
73	73	Sec. 15.35.120. Requirement of filing fee for district court or magistrate 29
74	74	candidate. At the time the declaration is filed, each candidate for retention on the 30
75	75	district court or as a magistrate position shall pay a filing fee of $30 to the director. 31 33-LS0483\A
76	76	HB0082a -3- HB 82
77	77	New Text Underlined [DELETED TEXT BRACKETED]
78	78
79	79	* Sec. 5. AS 15.35.130 is amended to read: 1
80	80	Sec. 15.35.130. Placing name of district judge or magistrate on ballot. The 2
81	81	director shall place the name of a district judge or magistrate who has properly filed a 3
82	82	declaration of candidacy for retention on the ballot in the judicial district designated in 4
83	83	the declaration of candidacy for the general election at which approval is sought. 5
84	84	* Sec. 6. AS 15.35.135 is amended to read: 6
85	85	Sec. 15.35.135. Withdrawal of candidacy; removal of name from general 7
86	86	election ballot. (a) Notice of withdrawal of candidacy for retention for a supreme 8
87	87	court justice, judge of the court of appeals, superior court judge, [OR] district court 9
88	88	judge, or magistrate must be in writing over the signature of the candidate. 10
89	89	(b) The name of a candidate for retention for supreme court justice, judge of 11
90	90	the court of appeals, superior court judge, [OR] district court judge, or magistrate 12
91	91	must appear on the general election ballot unless notice under (a) of this section of 13
92	92	withdrawal of candidacy is received by the director at least 64 days before the date of 14
93	93	the general election. 15
94	94	* Sec. 7. AS 15.58.050 is amended to read: 16
95	95	Sec. 15.58.050. Information and recommendations on judicial officers. Not 17
96	96	[NO] later than August 7 of the year in which the state general election will be held, 18
97	97	the judicial council shall file with the lieutenant governor a statement including 19
98	98	information about each supreme court justice, court of appeals judge, superior court 20
99	99	judge, [AND] district court judge, and magistrate who will be subject to a retention 21
100	100	election. The statement shall reflect the evaluation of each justice, [OR] judge, or 22
101	101	magistrate conducted by the judicial council according to law and shall contain a 23
102	102	brief statement describing each public reprimand, public censure, or suspension 24
103	103	received by the judge or magistrate under AS 22.30.011(d) during the period covered 25
104	104	in the evaluation. A statement may not exceed 600 words. 26
105	105	* Sec. 8. AS 15.58.060(a) is amended to read: 27
106	106	(a) Each general election candidate shall pay to the lieutenant governor at the 28
107	107	time of filing material under this chapter the following: 29
108	108	(1) President or Vice-President of the United States, United States 30
109	109	senator, United States representative, governor, lieutenant governor, supreme court 31 33-LS0483\A
110	110	HB 82 -4- HB0082a
111	111	New Text Underlined [DELETED TEXT BRACKETED]
112	112
113	113	justice, and court of appeals judge, $300 each; 1
114	114	(2) superior court judge, [AND] district court judge, and magistrate, 2
115	115	$150 each; 3
116	116	(3) state senator and state representative, $100 each. 4
117	117	* Sec. 9. AS 22.07.060 is amended to read: 5
118	118	Sec. 22.07.060. Approval or rejection. Each judge of the court of appeals is 6
119	119	subject to approval or rejection as provided in AS 15 (Alaska Election Code). The 7
120	120	judicial council shall conduct an evaluation of each judge before the retention election 8
121	121	and shall provide information to the public about the judge and may provide a 9
122	122	recommendation regarding retention or rejection. The information and any 10
123	123	recommendation shall be made public at least 60 days before the election. The judicial 11
124	124	council shall also provide the information and any recommendation to the office of the 12
125	125	lieutenant governor in time for publication in the election pamphlet as required by 13
126	126	AS 15.58.050. If a majority of those voting on the question rejects the candidacy of a 14
127	127	judge, the rejected judge may not for a period of four years thereafter be appointed to 15
128	128	fill a vacancy in the supreme court, the court of appeals, the superior court, [OR] the 16
129	129	district court, or a magistrate position of the state. 17
130	130	* Sec. 10. AS 22.07.070 is amended to read: 18
131	131	Sec. 22.07.070. Vacancies. (a) The governor shall fill a vacancy or appoint a 19
132	132	successor to fill an impending vacancy in the office of judge of the court of appeals 20
133	133	[WITHIN 45 DAYS] after receiving nominations and recommendations from the 21
134	134	judicial council on the person or persons submitted to the judicial council for 22
135	135	review under (b) of this section, by appointing, for each actual or impending 23
136	136	vacancy, one person who was [OF TWO OR MORE PERSONS] nominated by the 24
137	137	council or who was reviewed by the council under (b) of this section at the request 25
138	138	of the governor and who is qualified under AS 22.07.040. If the governor does not 26
139	139	appoint a person from the first round of persons nominated or reviewed by the 27
140	140	judicial council under (b) of this section, the governor shall submit the names of 28
141	141	not more than two additional persons to the judicial council for review under (b) 29
142	142	of this section and the judicial council shall submit to the governor the names of 30
143	143	at least two and not more than four additional persons under (b) of this section. 31 33-LS0483\A
144	144	HB0082a -5- HB 82
145	145	New Text Underlined [DELETED TEXT BRACKETED]
146	146
147	147	An appointment made under this section is subject to confirmation by a majority 1
148	148	of the members of the legislature in joint session [FOR EACH ACTUAL OR 2
149	149	IMPENDING VACANCY]. An appointment to fill an impending vacancy becomes 3
150	150	effective upon the later of either confirmation by the legislature or the actual 4
151	151	occurrence of the vacancy. 5
152	152	(b) The office of a judge of the court of appeals becomes vacant 90 days after 6
153	153	the election at which the judge is rejected by a majority of those voting on the question 7
154	154	or for which the judge fails to file a declaration of candidacy. Upon the occurrence of 8
155	155	(1) an actual vacancy; (2) the certification of rejection following an election; [OR] (3) 9
156	156	the election following failure of a judge to file a declaration of candidacy; or (4) the 10
157	157	decision of the governor not to appoint a person under (a) of this section, the 11
158	158	governor shall, within 90 days, submit to the judicial council the names of not 12
159	159	more than two persons qualified for the judicial office. The [, THE] judicial 13
160	160	council shall meet within 90 days after receiving the names submitted by the 14
161	161	governor to review the qualifications of the person or persons proposed by the 15
162	162	governor, provide recommendations to the governor concerning th e 16
163	163	qualifications of those persons for appointment to the judicial office, and submit to 17
164	164	the governor the names of up to four additional [TWO OR MORE] persons qualified 18
165	165	for the judicial office; however, if the governor requires a second round of 19
166	166	nominations under (a) of this section, the judicial council shall submit to the 20
167	167	governor the names of at least two and not more than four additional persons 21
168	168	qualified for judicial office. The [THE] 90-day period for the council to meet may 22
169	169	be extended by the judicial council with the concurrence of the supreme court. In the 23
170	170	event of an impending vacancy other than by reason of rejection or failure to file a 24
171	171	declaration of candidacy, the governor may submit to the judicial council the 25
172	172	names of not more than two persons qualified for the judicial office, and the 26
173	173	judicial council, after receiving names submitted by the governor, may meet at any 27
174	174	time within the 90-day period immediately preceding the effective date of the vacancy 28
175	175	to review the qualifications of the person or persons proposed by the governor, 29
176	176	provide recommendations to the governor concerning the qualifications of those 30
177	177	persons for appointment to the judicial office, and submit to the governor the names 31 33-LS0483\A
178	178	HB 82 -6- HB0082a
179	179	New Text Underlined [DELETED TEXT BRACKETED]
180	180
181	181	of up to four additional [TWO OR MORE] persons qualified for the judicial office. 1
182	182	* Sec. 11. AS 22.15.170(a) is amended to read: 2
183	183	(a) The governor shall fill a vacancy or appoint a successor to fill an 3
184	184	impending vacancy in an office of district judge or magistrate [WITHIN 45 DAYS] 4
185	185	after receiving nominations and recommendations from the judicial council on the 5
186	186	person or persons submitted to the judicial council for review under (e) of this 6
187	187	section, by appointing, for each actual or impending vacancy, one person who was 7
188	188	[OF TWO OR MORE PERSONS] nominated by the council or who was reviewed by 8
189	189	the council under (e) of this section at the request of the governor and who is 9
190	190	qualified under AS 22.07.040. If the governor does not appoint a person from the 10
191	191	first round of persons nominated or reviewed by the judicial council under (e) of 11
192	192	this section, the governor shall submit the names of not more than two additional 12
193	193	persons to the judicial council for review under (e) of this section and the judicial 13
194	194	council shall submit to the governor the names of at least two and not more than 14
195	195	four additional persons under (e) of this section. An appointment made under 15
196	196	this section is subject to confirmation by a majority of the members of the 16
197	197	legislature in joint session. An [FOR EACH ACTUAL OR IMPENDING 17
198	198	VACANCY. THE] appointment to fill an impending vacancy becomes effective upon 18
199	199	the later of either confirmation by the legislature or the actual occurrence of the 19
200	200	vacancy. 20
201	201	* Sec. 12. AS 22.15.170(e) is amended to read: 21
202	202	(e) The office of a district court judge or magistrate becomes vacant 90 days 22
203	203	after the election at which the judge or magistrate is rejected by a majority of those 23
204	204	voting on the question or for which the judge or magistrate fails to file a declaration 24
205	205	of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of 25
206	206	rejection following an election; [OR] (3) the election following failure of a judge or 26
207	207	magistrate to file a declaration of candidacy; or (4) the decision of the governor not 27
208	208	to appoint a person under (a) of this section, the governor shall, within 90 days, 28
209	209	submit to the judicial council the names of not more than two persons qualified 29
210	210	for the judicial office or magistrate position. The [, THE] judicial council shall 30
211	211	meet within 90 days after receiving the names submitted by the governor to review 31 33-LS0483\A
212	212	HB0082a -7- HB 82
213	213	New Text Underlined [DELETED TEXT BRACKETED]
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215	215	the qualifications of the person or persons proposed by the governor, provide 1
216	216	recommendations to the governor concerning the qualifications of those persons 2
217	217	for appointment to the judicial office or magistrate position, and submit to the 3
218	218	governor the names of up to four additional [TWO OR MORE] persons qualified for 4
219	219	the judicial office or magistrate position; however, if the governor requires a 5
220	220	second round of nominations under (a) of this section, the judicial council shall 6
221	221	submit to the governor the names of at least two and not more than four 7
222	222	additional persons qualified for judicial office. The [; EXCEPT THAT THIS] 90-8
223	223	day period for the council to meet may be extended by the council with the 9
224	224	concurrence of the supreme court. In the event of an impending vacancy other than by 10
225	225	reason of rejection or failure to file a declaration of candidacy, the governor may 11
226	226	submit to the judicial council the names of not more than two persons qualified 12
227	227	for the judicial office or magistrate position, and the council, after receiving 13
228	228	names submitted by the governor, may meet at any time within the 90-day period 14
229	229	immediately preceding the effective date of the vacancy to review the qualifications 15
230	230	of the person or persons proposed by the governor, provide recommendations to 16
231	231	the governor concerning the qualifications of those persons for appointment to 17
232	232	the judicial office or magistrate position, and submit to the governor the names of 18
233	233	up to four additional [TWO OR MORE] persons qualified for the judicial office or 19
234	234	magistrate position. 20
235	235	* Sec. 13. AS 22.15.195 is amended to read: 21
236	236	Sec. 22.15.195. Approval or rejection. Each district court judge and 22
237	237	magistrate is subject to approval or rejection as provided in AS 15 (Alaska Election 23
238	238	Code). The judicial council shall conduct an evaluation of each judge or magistrate 24
239	239	before the retention election and shall provide to the public information about the 25
240	240	judge or magistrate and may provide a recommendation regarding retention or 26
241	241	rejection. The information and the recommendation shall be made public at least 60 27
242	242	days before the election. The judicial council shall also provide the information and 28
243	243	any recommendation to the office of the lieutenant governor in time for publication in 29
244	244	the election pamphlet under AS 15.58.050. If a majority of those voting on the 30
245	245	question rejects the candidacy of a judge or magistrate, the rejected judge or 31 33-LS0483\A
246	246	HB 82 -8- HB0082a
247	247	New Text Underlined [DELETED TEXT BRACKETED]
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249	249	magistrate may not for a period of four years thereafter be appointed to fill any 1
250	250	vacancy in the supreme court, court of appeals, superior court, or district courts of the 2
251	251	state, or in a magistrate position. 3
252	252	* Sec. 14. AS 22.15.205 is amended to read: 4
253	253	Sec. 22.15.205. Impeachment. A district judge or magistrate is subject to 5
254	254	impeachment by the legislature for malfeasance or misfeasance in the performance of 6
255	255	official duties. Impeachment must originate in the senate and must be approved by 7
256	256	two-thirds vote of its members. The motion for impeachment must list fully the basis 8
257	257	for the proceeding. Trial on impeachment shall be conducted by the house of 9
258	258	representatives. A supreme court justice designated by the court shall preside at the 10
259	259	trial. Concurrence of two-thirds of the members of the house is required for a 11
260	260	judgment of impeachment. The judgment may not extend beyond removal from office, 12
261	261	but does not prevent proceedings in the courts on the same or related charges. 13
262	262	* Sec. 15. AS 22.20 is amended by adding a new section to article 4 to read: 14
263	263	Sec. 22.20.230. Judicial report. The judicial council shall prepare an annual 15
264	264	report summarizing the responses to the questions asked of supreme court, court of 16
265	265	appeals, superior court, district court, and magistrate candidates under 17
266	266	AS 22.05.080(b), AS 22.07.070(b), AS 22.10.100(b), and AS 22.15.170(e). Not later 18
267	267	than February 14 of each year, the judicial council shall submit the report to the senate 19
268	268	secretary and the chief clerk of the house of representatives and notify the legislature 20
269	269	that the report is available. 21
270	270	* Sec. 16. AS 22.30.011(a) is amended to read: 22
271	271	(a) The commission shall on its own motion or on receipt of a written 23
272	272	complaint inquire into an allegation that a judge or magistrate 24
273	273	(1) has been convicted of a crime punishable as a felony under state or 25
274	274	federal law or convicted of a crime that involves moral turpitude under state or federal 26
275	275	law; 27
276	276	(2) suffers from a disability that seriously interferes with the 28
277	277	performance of [JUDICIAL] duties and that is or may become permanent; 29
278	278	(3) within a period of not more than six years before the filing of the 30
279	279	complaint or before the beginning of the commission's inquiry based on its own 31 33-LS0483\A
280	280	HB0082a -9- HB 82
281	281	New Text Underlined [DELETED TEXT BRACKETED]
282	282
283	283	motion, committed an act or acts that constitute 1
284	284	(A) wilful misconduct in office; 2
285	285	(B) wilful and persistent failure to perform the [JUDICIAL] 3
286	286	duties of the judge or magistrate; 4
287	287	(C) conduct prejudicial to the administration of justice; 5
288	288	(D) conduct that brings the judicial office or magistrate's 6
289	289	office into disrepute; or 7
290	290	(E) conduct in violation of the code of judicial conduct; or 8
291	291	(4) is habitually intemperate. 9
292	292	* Sec. 17. AS 22.30.011(b) is amended to read: 10
293	293	(b) After preliminary informal consideration of an allegation, the commission 11
294	294	may exonerate the judge or magistrate, informally and privately admonish the judge 12
295	295	or magistrate, or recommend counseling. Upon a finding of probable cause, the 13
296	296	commission shall hold a formal hearing on the allegation. A hearing under this 14
297	297	subsection is public. Proceedings and records pertaining to proceedings that occur 15
298	298	before the commission holds a public hearing on an allegation are confidential, subject 16
299	299	to the provisions of AS 22.30.060(b). 17
300	300	* Sec. 18. AS 22.30.011(c) is amended to read: 18
301	301	(c) A judge or magistrate appearing before the commission at the hearing is 19
302	302	entitled to counsel, may present evidence, and may cross-examine witnesses. 20
303	303	* Sec. 19. AS 22.30.011(d) is amended to read: 21
304	304	(d) The commission shall, after a hearing held under (b) of this section, 22
305	305	(1) exonerate the judge or magistrate of the charges; or 23
306	306	(2) refer the matter to the supreme court with a recommendation that 24
307	307	the judge or magistrate be reprimanded, suspended, removed [,] or retired from 25
308	308	office, or publicly or privately censured by the supreme court. 26
309	309	* Sec. 20. AS 22.30.011(g) is amended to read: 27
310	310	(g) If the commission exonerates a judge or magistrate, a copy of the 28
311	311	proceedings and report of the commission may be made public on the request of the 29
312	312	judge or magistrate. 30
313	313	* Sec. 21. AS 22.30.011(h) is amended to read: 31 33-LS0483\A
314	314	HB 82 -10- HB0082a
315	315	New Text Underlined [DELETED TEXT BRACKETED]
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317	317	(h) If a judge or magistrate has been publicly reprimanded, suspended, or 1
318	318	publicly censured under this section and the judge or magistrate has filed a 2
319	319	declaration of candidacy for retention in office, the commission shall report to the 3
320	320	judicial council for inclusion in the statement filed by the judicial council under 4
321	321	AS 15.58.050 each public reprimand, suspension, or public censure received by the 5
322	322	judge or magistrate 6
323	323	(1) since appointment; or 7
324	324	(2) if the judge or magistrate has been retained by election, since the 8
325	325	last retention election of the judge or magistrate. 9
326	326	* Sec. 22. AS 22.30.070 is amended to read: 10
327	327	Sec. 22.30.070. Disqualification, suspension, removal, retirement, and 11
328	328	censure of judges and magistrates. (a) A judge or magistrate is disqualified from 12
329	329	acting as a judge or magistrate, without loss of salary, while there is pending 13
330	330	(1) an indictment or an information charging the judge or magistrate 14
331	331	in the United States with a crime punishable as a felony under state [ALASKA] or 15
332	332	federal law; [,] or 16
333	333	(2) a recommendation to the supreme court by the commission for the 17
334	334	removal or retirement of the judge or magistrate. 18
335	335	(b) On recommendation of the commission, the supreme court may reprimand, 19
336	336	publicly or privately censure, or suspend a judge or magistrate from office without 20
337	337	salary when in the United States the judge or magistrate pleads guilty or no contest or 21
338	338	is found guilty of a crime punishable as a felony under state or federal law or of a 22
339	339	crime that involves moral turpitude under state or federal law. If the conviction is 23
340	340	reversed, suspension terminates, and the judge or magistrate shall be paid the judge's 24
341	341	or magistrate's salary for the period of suspension. If the judge or magistrate is 25
342	342	suspended and the conviction becomes final, the supreme court shall remove the judge 26
343	343	or magistrate from office. 27
344	344	(c) On recommendation of the commission, the supreme court may (1) retire a 28
345	345	judge or magistrate for disability that seriously interferes with the performance of 29
346	346	duties and that is or may become permanent, and (2) reprimand, publicly or privately 30
347	347	censure, or remove a judge or magistrate for action, occurring not more than six 31 33-LS0483\A
348	348	HB0082a -11- HB 82
349	349	New Text Underlined [DELETED TEXT BRACKETED]
350	350
351	351	years before the [COMMENCEMENT OF THE JUDGE'S] current term of the judge 1
352	352	or magistrate begins, that [WHICH] constitutes wilful misconduct in the office, 2
353	353	wilful and persistent failure to perform duties, habitual intemperance, conduct 3
354	354	prejudicial to the administration of justice, or conduct that brings the judicial office or 4
355	355	magistrate's office into disrepute. The effective date of retirement under (1) of this 5
356	356	subsection is the first day of the month coinciding with or after the date that the 6
357	357	supreme court files written notice with the commissioner of administration that the 7
358	358	judge or magistrate was retired for disability. A duplicate copy of the notice shall be 8
359	359	filed with the judicial council. 9
360	360	(d) A judge or magistrate retired by the supreme court shall be considered to 10
361	361	have retired voluntarily. A judge or magistrate removed by the supreme court is 11
362	362	ineligible for judicial office or for a magistrate position for a period of three years. 12
363	363	(e) A supreme court justice who has participated in proceedings involving a 13
364	364	judge or justice of any court or a magistrate may not participate in an appeal 14
365	365	involving that judge, [OR] justice, or magistrate in that particular matter. 15
366	366	* Sec. 23. AS 22.35 is amended by adding a new section to read: 16
367	367	Sec. 22.35.035. Prohibited use of state funds. (a) State funds may not be used 17
368	368	to support or oppose the retention or rejection of a judicial officer in an election under 18
369	369	AS 15 (Alaska Election Code). In this subsection, "judicial officer" means a supreme 19
370	370	court justice, including the chief justice, a judge of the court of appeals, a judge of the 20
371	371	superior court, a district court judge, or a magistrate. 21
372	372	(b) This section does not apply to the duties of the judicial council under 22
373	373	AS 15.58.050, AS 22.05.100, AS 22.07.060, AS 22.10.150, and AS 22.15.195. 23
374	374	* Sec. 24. AS 22.15.170(c) and 22.15.170(d) are repealed. 24