CSSB 358(STA): "An Act relating to the existence and functions of certain multimember state bodies, including boards, councils, commissions, associations, or authorities; and providing for an effective date."
00CS FOR SENATE BILL NO. 358(STA) 01 "An Act relating to the existence and functions of certain multimember state 02 bodies, including boards, councils, commissions, associations, or authorities; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 03.17.010 is amended to read: 06 Sec. 03.17.010. DUTIES OF THE DIRECTOR. The director shall [(1)] 07 administer and enforce this chapter [, (2) ENFORCE THIS CHAPTER] and the 08 provisions of marketing orders issued under this chapter [, AND (3) HAVE AN 09 ACCOUNTING MADE OF THE FUNDS HELD BY THE BOARD AT LEAST 10 ANNUALLY]. 11 * Sec. 2. AS 03.17.040(a) is amended to read: 12 (a) Subject to AS 03.17.060 and AS 44.62 ( [THE] Administrative Procedure 13 Act) [(AS 44.62), AND WITH THE ADVICE OF THE BOARD], the director may 14 issue, amend, or repeal marketing orders to regulate the marketing of milk in specified
01 regions of the state. A milk marketing order may be issued to 02 (1) establish orderly marketing of milk; 03 (2) provide for uniform grading and classification of milk; 04 (3) provide for the proper preparation of milk for market; 05 (4) ensure [INSURE] an adequate supply of milk; 06 (5) eliminate unfair competitive practices; 07 (6) assist producers to adjust to changing conditions; 08 (7) maintain incentive for the production of high quality milk under the 09 most sanitary conditions; 10 (8) conduct research and provide information for the benefit of the 11 producer and the consumer. 12 * Sec. 3. AS 03.17.050(a) is amended to read: 13 (a) A marketing order may direct that 14 (1) a determination be made whether a surplus of milk exists and, if 15 so, its extent; 16 (2) a surplus be disposed of with a proration of the burden of any loss 17 among the handlers; 18 (3) the quantity, class, or grade of milk sold for a certain period be 19 limited; 20 (4) the quantity a producer may sell be limited, based upon the quantity 21 available, the quantities previously handled, or both; 22 (5) the quantity or grade a handler may handle during specified periods, 23 based upon the quantity a handler has available, or quantities previously handled, or 24 both; 25 (6) there be specified periods during which a particular grade of milk 26 may be distributed; 27 (7) a surplus pool of milk or a class or grade of milk be formed and 28 the milk sold, and the proceeds of sale be equitably distributed; 29 (8) milk be inspected, graded, and classified, or any of these; 30 (9) an assessment, not to exceed three percent of value, be levied on 31 the sale of milk to provide a fund for advertising and [,] sales promotion [, AND THE
01 EXPENSES OF THE BOARD]; 02 (10) prices at which a grade, class, or quantity will be sold be posted; 03 (11) milk be labeled; 04 (12) stations be established for the receiving and weighing of milk, and 05 the collection of assessments; 06 (13) cooperative investigations or undertakings be entered into with 07 other state or federal agencies. 08 * Sec. 4. AS 14.57.030(b) is amended to read: 09 (b) The committee shall meet at least once every six months and at the call 10 of its chair [CHAIRMAN], on petition of a majority of its members, or at the call of 11 the commissioner, or the director of the museum, at a mutually convenient time and 12 place both for the members of the committee and for interested members of the public. 13 A meeting of the committee may be held by teleconference. 14 * Sec. 5. AS 14.57.050(b) is amended to read: 15 (b) Artifacts, natural history specimens, art objects, collections, or other items, 16 materials, or properties that relate to the history of Alaska and are appropriate for 17 preservation in the state museum of a value of $5,000 [$1,000] or more may not be 18 acquired by purchase, gift, or exchange, or otherwise nor may any item owned by, or 19 in the custody of, the state museum be disposed of by sale, gift, exchange, or 20 otherwise, without the written approval of the committee. In recommending the 21 acquisition or disposal of an item under this subsection for the state museum, the 22 committee shall evaluate the need for the item or collection proposed for acquisition 23 or disposal with reference to the scope of collections of the state museums. 24 * Sec. 6. AS 14.57.060 is amended to read: 25 Sec. 14.57.060. ADVISORY DUTIES. The committee shall act in an advisory 26 capacity to the board as to the general acquisition and disposition policies and 27 programs of the state museum. 28 * Sec. 7. AS 23.30.005(a) is amended to read: 29 (a) The Alaska Workers' Compensation Board consists of a southern panel of 30 three members sitting for the first judicial district, a northern panel of three members 31 sitting for the second and fourth judicial districts, three [TWO] southcentral panels of
01 three members each sitting for the third judicial district, and one panel of three 02 members that may sit in any judicial district. Each panel must include the 03 commissioner of labor or the designated representative of the commissioner, a 04 representative of industry, and a representative of labor. The latter two members of 05 each panel shall be appointed by the governor and are subject to confirmation by a 06 majority of the members of the legislature in joint session. 07 * Sec. 8. AS 33.16.050(c) is amended to read: 08 (c) Except when a member of the board imposes special conditions of 09 mandatory parole for the board under AS 33.16.150, decisions [DECISIONS] and 10 orders of the board require the affirmative votes of a majority of the members present. 11 * Sec. 9. AS 33.16.050 is amended by adding a new subsection to read: 12 (e) A meeting of the board is not required for a decision or order setting 13 special conditions of mandatory parole by a single member of the board under 14 AS 33.16.150(b) and (e). If a prisoner or parolee who is aggrieved by the board 15 member's decision or order applies to the full board under AS 33.16.150(e) and 16 33.16.160 for a change in parole conditions, the board shall meet to act on the 17 application. 18 * Sec. 10. AS 33.16.150(b) is amended to read: 19 (b) The board may require as a condition of discretionary or mandatory parole, 20 or a member of the board acting for the board under (e) of this section may 21 require as a condition of mandatory parole, that a prisoner released on parole 22 (1) meet family obligations; 23 (2) pursue employment, education, counseling, or training; 24 (3) remain within stated geographic limits unless written permission to 25 depart from the stated limits is granted the parolee; 26 (4) report upon release to the parole officer assigned to the parolee; 27 (5) report as required to the parole officer assigned to the parolee; 28 (6) reside at a stated place and notify the board of any change in place 29 of residence; 30 (7) not possess or control firearms or other dangerous weapons; 31 (8) refrain from possessing or consuming alcoholic beverages;
01 (9) submit to reasonable searches and seizures by a parole officer, or 02 a peace officer acting under the direction of a parole officer; 03 (10) submit to appropriate medical, mental health, or controlled 04 substance or alcohol examination, treatment, or counseling; 05 (11) submit to periodic examinations designed to detect the use of 06 alcohol or controlled substances; 07 (12) make restitution ordered by the court according to a schedule 08 established by the board; 09 (13) refrain from opening, maintaining, or using a checking account or 10 charge account; 11 (14) refrain from entering into a contract other than a prenuptial 12 contract or a marriage contract; 13 (15) refrain from operating a motor vehicle; 14 (16) refrain from entering an establishment where alcoholic beverages 15 are served, sold, or otherwise dispensed; 16 (17) refrain from participating in any other activity or associating with 17 any other person that the board determines is reasonably likely to diminish the 18 rehabilitative goals of parole, or that may endanger the public. 19 * Sec. 11. AS 33.16.150(c) is amended to read: 20 (c) Except for a condition imposed under (b)(4), (7), (9), (11) or (12) of this 21 section, the board, or a member of the board acting for the board under (e) of this 22 section, may generally delegate imposition of special conditions under (b) of this 23 section to the discretion of the parole officer. 24 * Sec. 12. AS 33.16.150(d) is amended to read: 25 (d) The board, or a member of the board acting for the board under (e) of 26 this section, may require a prisoner released on parole to comply with special 27 conditions imposed under (b) of this section for any period up to the maximum term 28 under which the prisoner is subject to the custody and jurisdiction of the board. 29 * Sec. 13. AS 33.16.150 is amended by adding a new subsection to read: 30 (e) The board may designate a member of the board to act on behalf of the 31 board in imposing conditions of mandatory parole under (a) and (b) of this section, in
01 delegating imposition of conditions of mandatory parole under (c) of this section, and 02 in setting the period of compliance with the conditions of mandatory parole under (d) 03 of this section. The decision of a member of the board under this section is the 04 decision of the board. A prisoner or parolee aggrieved by a decision of a member of 05 the board acting for the board under this subsection may apply to the board under 06 AS 33.16.160 for a change in the conditions of mandatory parole. 07 * Sec. 14. AS 42.40.850(c) is amended to read: 08 (c) If an impasse or deadlock still exists after the issuance of an injunction, the 09 parties shall submit the dispute to binding arbitration. The railroad labor relations 10 agency shall appoint an arbitrator selected by the parties by mutual consent. If 11 the parties are unable to agree on an arbitrator, the railroad labor relations 12 agency shall appoint an arbitrator from a list of arbitrators knowledgeable in 13 railroad labor agreements. The arbitrator shall [BE THE SAME PERSON 14 SELECTED UNDER AS 42.40.840 AND SHALL] fashion the award the arbitrator 15 considers equitable. 16 * Sec. 15. AS 03.17.020, 03.17.030, 03.17.100(l); AS 14.07.058, 14.07.059; AS 38.95.100, 17 38.95.110, 38.95.120, 38.95.130, 38.95.140; AS 39.05.060(a)(4); AS 39.25.110(11)(A); 18 AS 44.19.101, 44.19.102, 44.19.103, 44.19.104, 44.19.105, 44.19.123, 44.19.124, 44.19.125, 19 44.19.126, 44.19.130, 44.19.181, 44.19.182, 44.19.183, 44.19.184, 44.19.185, 44.19.186, 20 44.19.187, 44.19.188; AS 44.46.030, 44.46.040, 44.46.050; AS 44.47.050(a)(15); AS 44.82; 21 and AS 44.99.010 are repealed. 22 * Sec. 16. Notwithstanding AS 33.16.050 and 33.16.150 as they read on the day before the 23 effective date of this Act, from January 1, 1986, through the day before the effective date of 24 this Act, one member of the Board of Parole acting for the board may impose special 25 conditions of mandatory parole under AS 33.16.150(b), delegate imposition of special 26 conditions of mandatory parole under AS 33.16.150(c), and set the period of compliance with 27 the special conditions of mandatory parole under AS 33.16.150(d). The decision of a member 28 of the Board of Parole under this section is the decision of the board under AS 33.16.050 and 29 33.16.150. A prisoner or parolee aggrieved by a decision of a member of the Board of Parole 30 acting for the board under this section may apply to the board under AS 33.16.160 for a 31 change in the special conditions of mandatory parole.
01 * Sec. 17. Sections 8 - 13 and 16 of this Act are retroactive to January 1, 1986. 02 * Sec. 18. This Act takes effect immediately under AS 01.10.070(c).