CSHB 415(JUD): "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00CS FOR HOUSE BILL NO. 415(JUD) 01 "An Act making corrective amendments to the Alaska Statutes as recommended 02 by the revisor of statutes; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.38.015(a) is amended to read: 05 (a) An individual is entitled to exemption of the following property: 06 (1) a burial plot for the individual and the individual's family; 07 (2) health aids reasonably necessary to enable the individual or a 08 dependent to work or to sustain health; 09 (3) benefits paid or payable for medical, surgical, or hospital care to 10 the extent they are or will be used to pay for the care; 11 (4) an award under AS 18.67 (Violent Crimes Compensation Board) 12 or a crime victim's reparations act of another jurisdiction; 13 (5) benefits paid or payable as a longevity bonus under AS 47.45; 14 (6) compensation or benefits paid or payable and exempt under federal
01 law; 02 (7) liquor licenses granted under AS 04; 03 (8) limited entry permits granted under AS 16.43, except as provided 04 in that chapter; 05 (9) tuition credits under an advance college tuition payment contract 06 authorized under AS 14.40.809(a); 07 (10) [THAT PORTION OF] a permanent fund dividend to the extent 08 allowed under AS 43.23.065 [EXEMPTED UNDER AS 43.23.065(a)]. 09 * Sec. 2. AS 11.41.520 is amended by adding a new subsection to read: 10 (e) In this section, "property of another" means property in which a person has 11 an interest that the defendant is not privileged to infringe, whether or not the defendant 12 also has an interest in the property and whether or not the person from whom the 13 property was obtained or withheld also obtained the property unlawfully. "Property 14 of another" does not include property in the possession of the defendant in which 15 another has only a security interest, even if legal title is in the secured party under a 16 conditional sales contract or other security agreement; in the absence of a specific 17 agreement to the contrary, the holder of a security interest in property is not privileged 18 to infringe the debtor's right of possession without the consent of the debtor. 19 * Sec. 3. AS 16.05.340(a)(23) is amended to read: 20 (23) Resident anadromous king salmon tag ............................... 10 21 A resident may not engage in sport fishing for anadromous king salmon without 22 having the current year's anadromous king salmon tag in the resident's actual 23 possession, unless that person 24 (A) qualifies for a 25 cent license fee under (1) of this 25 subsection; 26 (B) is under the age of 16; 27 (C) is 60 years of age or older and has been a resident of the 28 state for at least one year; 29 (D) is a disabled veteran eligible for a free license under 30 AS 16.05.341; or 31 (E) qualifies for a $5 license fee under (6) of this subsection.
01 * Sec. 4. AS 16.05.940(10) is amended to read: 02 (10) "domestic mammals" include musk oxen, bison, [ELK,] and 03 reindeer, if they are lawfully owned; 04 * Sec. 5. AS 41.23.170 is amended to read: 05 Sec. 41.23.170. GOLDSTREAM PUBLIC USE AREA. Subject to valid 06 existing rights, the vacant and unappropriated state-owned land and water and the state 07 land and water acquired in the future that lie within the boundaries described in this 08 section are designated as the Goldstream Public Use Area, are reserved for all uses 09 compatible with their primary function as public use land, and are assigned to the 10 department [COMMISSIONER] for control and management: 11 (1) Township 1 North, Range 1 West, Fairbanks Meridian 12 Section 2: Lots 7 - 8 west of the centerline of 13 Goldstream Road, Lot 11 Lots 9 - 10 14 Section 3: Lots 5 - 13 15 Section 4: Lots 9 - 11 16 Section 5: SW1/4SW1/4 17 Section 7: Lot 4, S1/2NE1/4, NE1/4SE1/4, S1/2SE1/4 18 Section 8: E1/2, NE1/4NW1/4, S1/2NW1/4, SW1/4 19 Section 9: Lots 1 - 2, E1/2NE1/4, SW1/4NE1/4, W1/2NW1/4, 20 SE1/4NW1/4, SW1/4, W1/2NE1/4SE1/4, NW1/4SE1/4 21 Section 10: NW1/4NW1/4 22 Section 11: Lots 1 - 5 23 Section 12: Lots 2 - 3 24 Section 17: NW1/4NW1/4 25 Section 18: N1/2NE1/4, SW1/4NE1/4, W1/2SE1/4NE1/4, 26 NE1/4SE1/4SE1/4NE1/4, SE1/4NW1/4, NE1/4SW1/4, SE1/4; 27 (2) Township 1 North, Range 2 West, Fairbanks Meridian 28 Section 13: SE1/4, E1/2E1/2E1/2SW1/4 29 Section 23: NE1/4SW1/4, W1/2SE1/4, W1/2SE1/4SE1/4, 30 SE1/4SE1/4SE1/4, W1/2NE1/4SE1/4SE1/4 31 Section 24: E1/2
01 Section 26: W1/2W1/2NW1/4NW1/4 02 Section 27: N1/2NE1/4NE1/4, SE1/4NE1/4NE1/4, 03 E1/2SW1/4NE1/4NE1/4. 04 * Sec. 6. AS 41.23.620 is amended to read: 05 Sec. 41.23.620. CARIBOU CREEK RECREATIONAL MINING AREA. The 06 vacant and unappropriated state-owned land and water and the state land and water 07 acquired in the future that lie within 100 feet of either ordinary high water or mean 08 high tide of the banks of the creeks or rivers described in this section are designated 09 as the Caribou Creek Recreational Mining Area, are reserved from all uses 10 incompatible with the purposes of AS 41.23.600, and are assigned to the department 11 [COMMISSIONER] for control and management: 12 Township 20 North, Range 10 East, Seward Meridian 13 (1) That portion of Caribou Creek located in 14 Section 28: W1/2 15 Section 29: E1/2 16 (2) That portion of the Matanuska River located in 17 Section 32: SE1/4 18 Section 33: NE1/4, NW1/4, SW1/4. 19 * Sec. 7. AS 42.45.110(c) is amended to read: 20 (c) The amount of power cost equalization provided per kilowatt-hour under 21 (b) of this section may not exceed 95 percent of the power costs, or the average rate 22 per eligible kilowatt-hour sold, whichever is less, as determined by the commission 23 [DEPARTMENT]. However, 24 (1) during the state fiscal year that began July 1, 1993, the power costs 25 for which power cost equalization were paid to an electric utility were limited to 26 minimum power costs of more than 9.5 cents per kilowatt-hour and less than 52.5 27 cents per kilowatt-hour; 28 (2) during each following state fiscal year, the commission 29 [DEPARTMENT] shall adjust the power costs for which power cost equalization may 30 be paid to an electric utility based on the weighted average retail residential rate in 31 Anchorage, Fairbanks, and Juneau; and
01 (3) the power cost equalization per kilowatt-hour may be determined 02 for a utility without historical kilowatt-hour sales data by using kilowatt-hours 03 generated. 04 * Sec. 8. AS 42.45.110(e) is amended to read: 05 (e) The power cost equalization program shall be administered by the 06 department based on a determination by the commission [DEPARTMENT] under (a) 07 and (c) of this section of power cost equalization per kilowatt-hour for each eligible 08 electric utility. 09 * Sec. 9. AS 42.45.110(f) is amended to read: 10 (f) The department may not deny an eligible electric utility power cost 11 equalization because complete cost information is not available. The commission 12 [DEPARTMENT] shall assist an eligible electric utility that is exempt from rate 13 regulation under AS 42.05 to provide the cost information the commission 14 [DEPARTMENT] considers necessary to comply with AS 42.45.100 - 42.45.150. 15 Only power costs that are supportable may be considered in calculating power cost 16 equalization. Each electric utility is responsible for keeping records that provide the 17 information necessary to comply with AS 42.45.100 - 42.45.150 including records of 18 monthly kilowatt-hour sales or generation, monthly fuel balances, fuel purchases, and 19 monthly utility fuel consumption. 20 * Sec. 10. AS 42.45.110(g) is amended to read: 21 (g) The commission [DEPARTMENT] shall determine the cost of fuel for 22 each eligible electric utility using the procedure for approving fuel cost rate 23 adjustments of electric utilities subject to rate regulation under AS 42.05. 24 * Sec. 11. AS 42.45.110(h) is amended to read: 25 (h) Each electric utility receiving power cost equalization approved by the 26 commission [DEPARTMENT] shall 27 (1) report monthly to the department within the time and in the form 28 the department requires; and 29 (2) use operational equipment designed to meter individual utility 30 customer power consumption and to determine and record the utility's overall fuel 31 consumption.
01 * Sec. 12. AS 42.45.130(a) is amended to read: 02 (a) In order to qualify for power cost equalization, each electric utility shall 03 make every reasonable effort to minimize administrative, operating, and overhead 04 costs, including using the best available technology consistent with sound utility 05 management practices. In reviewing applications for power cost equalization, the 06 commission [DEPARTMENT] may require the elimination of unnecessary operating 07 expenses. Each eligible electric utility shall cooperate with appropriate state agencies 08 to implement cost-effective energy conservation measures and to plan for and 09 implement feasible alternatives to diesel generation. 10 * Sec. 13. AS 42.45.160(b) is amended to read: 11 (b) An electric utility that is eligible to receive power cost equalization under 12 this section and that receives power cost equalization per kilowatt-hour approved by 13 the commission [DEPARTMENT] shall report monthly to the department within the 14 time and in the form the department requires. An electric utility shall report 15 (1) the power cost equalization per kilowatt-hour approved by the 16 commission [DEPARTMENT]; 17 (2) the total kilowatt-hours sold to each class of customer during the 18 preceding month; 19 (3) the total kilowatt-hours eligible for power cost equalization under 20 this section sold to each class of customer during the preceding month; 21 (4) the total kilowatt-hours generated during the preceding month, if 22 available; 23 (5) any commission [DEPARTMENT] approved amendments to the 24 schedule of rates in effect during the preceding month; and 25 (6) an increase or decrease in the current unit price of fuel from the 26 base price used by the commission [DEPARTMENT] in determining power costs if 27 the change is expected to result in a subsequent power cost equalization adjustment. 28 * Sec. 14. AS 42.45.170(a) is amended to read: 29 (a) An electric utility that is not subject to rate regulation by the Alaska Public 30 Utilities Commission under AS 42.05 may receive power cost equalization if the utility 31 is otherwise eligible for equalization assistance under AS 42.45.100 - 42.45.150 and
01 if the utility 02 (1) files with the commission [DEPARTMENT] financial data 03 necessary to determine the power cost equalization per kilowatt-hour as prescribed by 04 the commission [DEPARTMENT] and that is in compliance with AS 42.45.100 - 05 42.45.150; 06 (2) reports monthly to the department, within the time and in the form 07 required, the information required in (b) of this section; 08 (3) sets rates 09 (A) that consider the power cost equalization provided under 10 AS 42.45.100 - 42.45.150 by subtracting from its revenue requirements for 11 electric services the power cost equalization per kilowatt-hour that it is eligible 12 to receive; and 13 (B) under which the power cost equalization provided in 14 AS 42.45.060 - 42.45.110 is applied as a credit only against the cost of 15 kilowatt-hours eligible for equalization assistance under AS 42.45.100 - 16 42.45.150 that are consumed by each customer in any month; 17 (4) allows audits that the commission [DEPARTMENT] determines are 18 necessary to ensure compliance with this section; and 19 (5) furnishes its electric service customers eligible under this program 20 a notice as specified in AS 42.45.120. 21 * Sec. 15. AS 42.45.170(b) is amended to read: 22 (b) An electric utility that is eligible to receive power cost equalization under 23 this section shall report in accordance with (a)(2) of this section 24 (1) the power cost equalization per kilowatt-hour approved by the 25 commission [DEPARTMENT]; 26 (2) the total kilowatt-hours sold to each class of customer during the 27 preceding month; 28 (3) the total kilowatt-hours eligible for power cost equalization under 29 this section sold to each class of customer during the preceding month; 30 (4) the total kilowatt-hours generated during the preceding month, if 31 available;
01 (5) any amendments to the schedule of rates in effect during the 02 preceding month; and 03 (6) an increase or decrease in the current unit price of fuel from the 04 base price used by the commission [DEPARTMENT] in determining power costs if 05 the change is expected to result in a subsequent equalization assistance level 06 adjustment. 07 * Sec. 16. AS 42.45.170(c) is amended to read: 08 (c) An electric utility that is eligible to receive power cost equalization under 09 this section may have its power cost equalization per kilowatt-hour determination 10 changed by the commission [DEPARTMENT] if the [DEPARTMENT] 11 (1) commission has verified an increase or decrease in the electric 12 utility's cost of fuel; 13 (2) commission has verified an increase in rates based on an increase 14 in costs; 15 (3) department has discovered, in reviewing the monthly data 16 submitted by the electric utility, discrepancies that require adjustment of the power cost 17 equalization; or 18 (4) department determines that appropriations are insufficient to 19 finance full payments to eligible electric utilities. 20 * Sec. 17. AS 47.10.060(d) is amended to read: 21 (d) A minor is unamenable to treatment under this chapter if the minor 22 probably cannot be rehabilitated by treatment under this chapter before reaching 20 23 years of age. In determining whether a minor is unamenable to treatment, the court 24 may consider the seriousness of the offense the minor is alleged to have committed, 25 the minor's history of delinquency, the probable cause of the minor's delinquent 26 behavior, and the facilities available to the department [DIVISION OF YOUTH AND 27 ADULT AUTHORITY] for treating the minor. 28 * Sec. 18. AS 08.80.030(5); AS 37.05.140(b), 37.05.140(c); and AS 46.03.825(g)(3) are 29 repealed. 30 * Sec. 19. Section 4 of this Act is retroactive to May 16, 1992. 31 * Sec. 20. Sections 7 - 16 of this Act are retroactive to August 11, 1993.
01 * Sec. 21. This Act takes effect immediately under AS 01.10.070(c).