SB 365: "An Act relating to the improvement of state finances and fiscal accountability by increasing fees, by collecting additional revenue, by reducing certain program expenditures by changing services or eligibility requirements for programs, by changing certain statutory limitation periods, by providing for use of certain electronic records, by making changes to state agency functions or procedures including certain reporting and planning procedures, and by authorizing extensions for state leases for real property if certain savings can be achieved; and providing for an effective date."
00SENATE BILL NO. 365 01 "An Act relating to the improvement of state finances and fiscal accountability 02 by increasing fees, by collecting additional revenue, by reducing certain program 03 expenditures by changing services or eligibility requirements for programs, by 04 changing certain statutory limitation periods, by providing for use of certain 05 electronic records, by making changes to state agency functions or procedures 06 including certain reporting and planning procedures, and by authorizing extensions 07 for state leases for real property if certain savings can be achieved; and 08 providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. PURPOSE OF SEC. 3 OF THIS ACT. The purpose of sec. 3 of this Act is 11 to validate and affirm the longstanding practice in this state that the doctrine of non-mutual 12 collateral estoppel does not apply against the state concerning issues of criminal or civil law 13 in the trial courts of this state. It is also the intent of the legislature to expressly override the 14 decision in State of Alaska v. United Cook Inlet Drift Association, S-4966/4967 (February 18,
01 1994), thereby affirming the validity of this past practice. The intent of sec. 3 of this Act is 02 to avoid additional court costs and the need for additional attorneys in the Department of Law 03 to pursue appeals because of this decision, even though a particular case may not intrinsically 04 warrant appeal or clearly present the legal issue for the court's consideration. The intent also 05 is to reduce unanticipated state liability resulting from adverse trial court decisions, not 06 appealed, that bind the state due to the doctrine of non-mutual collateral estoppel. 07 * Sec. 2. AS 04.06.100(b) is amended to read: 08 (b) The subjects covered by regulations adopted under (a) of this section may 09 include[, BUT ARE NOT LIMITED TO,] the following matters: 10 (1) employment, conduct, and duties of the director and of regular and 11 contractual employees of the board; 12 (2) procedures for the issuance, denial, renewal, transfer, revocation, 13 and suspension of licenses and permits; 14 (3) terms and conditions of licenses and permits issued; 15 (4) fees for licenses and permits issued for which no fees are prescribed 16 by statute; 17 (5) conduct of regular and special meetings of the board; 18 (6) delegation to the director of routine administrative functions and 19 powers; 20 (7) the temporary granting or denial of issuance, transfer, and renewal 21 of licenses; 22 (8) manner of giving any notice required by law or regulation when not 23 provided for by statute; 24 (9) requirements relating to the qualifications of licensees, the 25 conditions upon which a license may be issued, the accommodations of licensed 26 premises, and board inspection of those premises; 27 (10) making of reports by wholesalers; 28 (11) purchase of fidelity bonds by the state for the director and the 29 employees of the board; 30 (12) prohibition of possession of alcoholic beverages by drunken 31 persons and by minors;
01 (13) required reports from corporations licensed under this title, 02 including reports of stock ownership and transfers and changes of officers and 03 directors; 04 (14) creation of classifications of licenses or permits not provided for 05 in this title; 06 (15) establishment and collection of fees to be paid on application for 07 a license, a [OR] permit, or an approval of an alcohol server education course; 08 (16) required reports from partnerships and limited partnerships licensed 09 under this title, including reports of transferred interests of 10 percent or more. 10 * Sec. 3. AS 09.50 is amended by adding a new section to read: 11 Sec. 09.50.305. ABOLISHMENT OF NON-MUTUAL COLLATERAL 12 ESTOPPEL AGAINST THE STATE. The doctrine of non-mutual collateral estoppel 13 is abolished in the courts of this state as applied against the state relating to trial court 14 decisions. 15 * Sec. 4. AS 18.70.080(b) is amended to read: 16 (b) The commissioner of public safety may establish by regulation and the 17 department may charge reasonable fees for 18 (1) fire and life safety plan checks made to determine compliance with 19 regulations adopted under (a)(2) of this section; and 20 (2) permits issued under regulations adopted under AS 18.70. 21 * Sec. 5. AS 18.72.010(b) is amended to read: 22 (b) A person desiring to use dangerous fireworks for industrial, agricultural, 23 wildlife control, or public display purposes shall first comply with the permit 24 requirements of the fire safety code. The department may charge fees established 25 in regulations for a permit issued under this subsection. 26 * Sec. 6. AS 18.72.020(a) is amended to read: 27 (a) A person holding a permit required by the fire safety code may sell or offer 28 for sale salable fireworks, if 29 (1) the person has submitted to the state fire marshal a policy, or a 30 certified true copy of a policy, of public liability and products liability insurance, 31 including both accident and occurrence coverage, provided by the wholesale company
01 selling fireworks to the person, in the amount of at least $200,000 for bodily injury or 02 death and at least $50,000 property damage and the person is named as an insured 03 party upon the policy and the policy is continuously in force while the person is 04 engaged in the retail sale of fireworks; and 05 (2) an endorsement fee in an amount established in regulations 06 adopted by the department [OF $10] is paid to the state fire marshal for an 07 endorsement that is valid for two years or portions of two years during which the 08 permit holder is engaged in the retail sale of fireworks. 09 * Sec. 7. AS 18.72.030(a) is amended to read: 10 (a) A person who desires to sell fireworks at wholesale in the state shall first 11 make verified application for a license to the state fire marshal on forms provided by 12 the state fire marshal. The application shall be accompanied by an annual license fee 13 established in regulations adopted by the department [OF $50]. 14 * Sec. 8. AS 19.10.140 is amended to read: 15 Sec. 19.10.140. LONG-RANGE PROGRAM FOR HIGHWAY 16 CONSTRUCTION [AND MAINTENANCE]. The [GOVERNOR SHALL REQUIRE 17 THE] department shall [TO] establish a continuing, long-range program for highway 18 construction [AND MAINTENANCE]. The program must annually project proposed 19 construction [AND MAINTENANCE] of highways in a priority format for not less 20 than the next succeeding five years. A statement of the program shall be submitted 21 by the governor to the legislature annually[, AND THE LONG-RANGE PROGRAM 22 SHALL INCLUDE IN DETAIL THE PROGRAM PREPARED UNDER 23 AS 19.10.150]. 24 * Sec. 9. AS 19.10.150 is amended to read: 25 Sec. 19.10.150. CONSTRUCTION PROGRAM. Before February 2 of each 26 year, the department shall prepare a statement showing what construction work has 27 been requested and proposed and may be undertaken by the department during the 28 following construction season. The statement must set forth a general itemization of 29 the estimated cost for each project and the total estimates of all projects. [THE 30 DEPARTMENT SHALL ADOPT A CONSTRUCTION PROGRAM WHICH MUST 31 INCLUDE THE PROJECTS TO BE UNDERTAKEN BY IT DURING THE
01 FOLLOWING CONSTRUCTION SEASON AND MUST ESTABLISH PROJECT 02 PRIORITIES.] The department may increase, decrease, amend, or revise the 03 construction program from time to time as circumstances warrant. 04 * Sec. 10. AS 19.10.160 is amended to read: 05 Sec. 19.10.160. STANDARD PLANS AND SPECIFICATIONS. The 06 department may [SHALL] prepare and adopt uniform standard plans and specifications 07 for the establishment and[,] construction[, AND MAINTENANCE] of highways in the 08 state. The department may amend the plans and specifications as it considers 09 advisable. [THE STANDARDS MUST CONFORM AS CLOSELY AS 10 PRACTICABLE TO THOSE ADOPTED BY THE AMERICAN ASSOCIATION OF 11 STATE HIGHWAY AND TRANSPORTATION OFFICIALS.] 12 * Sec. 11. AS 28.05.061(c) is amended to read: 13 (c) The commissioner and officers and employees of the department designated 14 by the commissioner shall, upon request, prepare under the seal of the department and 15 deliver, unless otherwise prohibited by law, a certified copy of any record of the 16 department maintained under this title or regulations adopted under this title, charging 17 a fee for each certified copy. A certified copy, or an electronic record certified by 18 the department, is admissible in a proceeding in a court in the same manner as the 19 original document. 20 * Sec. 12. AS 28.05.121 is amended to read: 21 Sec. 28.05.121. GIVING OF NOTICE. When the department is authorized or 22 required to give notice under this title or regulations adopted under this title, unless a 23 different method of giving notice is otherwise expressly provided, notice shall be given 24 by a qualified person, either by personal delivery to the person to be notified or by 25 first class [REGISTERED OR CERTIFIED] mail, [RETURN RECEIPT 26 REQUESTED,] addressed to the person at the address of the person as shown in the 27 electronic records of the department. The giving of notice by mail is considered 28 complete upon placing the notice in a United States Post Office receptacle, with 29 appropriate postage [THE RETURN OF THE RECEIPT OR UPON RETURN OF 30 THE NOTICE AS UNDELIVERABLE, REFUSED, OR UNCLAIMED]. Proof of the 31 giving of notice in either manner may be made by the affidavit of the person giving
01 the notice by personal delivery or by mail, naming the person to whom the notice was 02 given and specifying the time, place, and manner of giving the notice. 03 * Sec. 13. AS 28.05.141(b) is amended to read: 04 (b) A hearing ordered under (a) of this section shall be held telephonically at 05 a time and date set by [AT THE OFFICE OF] the department, except that if the 06 department determines that an in-person hearing is necessary to determine factual 07 issues, the department may order that the hearing be conducted in person at a 08 place, time, and date set by the department [NEAREST TO THE RESIDENCE OF 09 THE PERSON REQUESTING THE HEARING UNLESS THE DEPARTMENT AND 10 THE PERSON AGREE THAT THE HEARING IS TO BE HELD ELSEWHERE]. 11 The department may [SHALL] grant a hearing delay only if the person shows, to the 12 satisfaction of the department, [PRESENTS] good cause for the delay that is beyond 13 the control of the person. If a person fails to appear for the hearing at the time and 14 place stated by the department and if a hearing delay has not been granted, the 15 person's failure to appear is considered a waiver of the hearing and the department 16 may take appropriate action with respect to the person. 17 * Sec. 14. AS 28.10.031(b) is amended to read: 18 (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by 19 the dealer a temporary permit to drive the vehicle. A permit is effective for a period 20 not to exceed 60  days. The commissioner shall adopt regulations governing the 21 issuance of permits under this section. 22 * Sec. 15. AS 28.10.108(c) is amended to read: 23 (c) A vehicle subject to registration [AND NOT DESCRIBED IN (b) OF THIS 24 SECTION] shall have its initial registration, and may have its annual registration, 25 renewed in the month of initial registration in the state, subject to the provisions of (f) 26 of this section. 27 * Sec. 16. AS 28.15.166(e) is amended to read: 28 (e) The [NOTWITHSTANDING AS 28.05.141(b), THE] hearing under this 29 section shall be held telephonically at a time and date set by [AT THE OFFICE OF] 30 the department, except that if the department determines that an in-person hearing 31 is necessary to determine factual issues, the department may order that the
01 hearing be conducted in person at a place, time, and date set by the department 02 [NEAREST TO THE RESIDENCE OF THE PERSON REQUESTING THE 03 HEARING UNLESS 04 (1) A DISTRICT COURT JUDGE OR A MAGISTRATE HAS BEEN 05 DESIGNATED AS A HEARING OFFICER IN THE MATTER BY THE 06 COMMISSIONER; OR 07 (2) THE DEPARTMENT AND THE PERSON AGREE THAT THE 08 HEARING IS TO BE HELD ELSEWHERE]. 09 * Sec. 17. AS 28.15.166(f) is amended to read: 10 (f) A review under this section shall be held before a hearing officer 11 designated by the commissioner. [UPON THE CONSENT OF THE 12 ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE 13 COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A 14 MAGISTRATE TO SERVE AS THE HEARING OFFICER.] The hearing officer shall 15 have authority to 16 (1) administer oaths and affirmations; 17 (2) examine witnesses and take testimony; 18 (3) receive relevant evidence; 19 (4) issue subpoenas, take depositions, or cause depositions or 20 interrogatories to be taken; 21 (5) regulate the course and conduct of the hearing; 22 (6) make a final ruling on the issue. 23 * Sec. 18. AS 28.20.050(a) is amended to read: 24 (a) The provisions of this chapter requiring deposit of security and suspension 25 for failure to deposit security apply to the driver and owner of a vehicle subject to 26 registration under the laws of this state that is involved in any manner in an accident 27 in this state resulting in bodily injury to or death of a person or damage to the property 28 of any one person exceeding $1,500 [$500]. 29 * Sec. 19. AS 28.20.050(e) is amended to read: 30 (e) A peace officer investigating an accident that results in bodily injury to or 31 the death of a person or damage to the property of a person exceeding $1,500 [$500]
01 shall inform persons involved in the accident in writing of the requirements of this 02 chapter as they apply to suspension of an operator's license or driving privileges. 03 * Sec. 20. AS 28.20.100(c) is amended to read: 04 (c) If the department evaluates the injuries or damage to a minor in an amount 05 not more than $1,500 [$500], the department may accept, for the purposes of this 06 chapter only, evidence of a release from liability executed by a natural or legal 07 guardian on behalf of the minor without court approval. 08 * Sec. 21. AS 28.20.230(a) is amended to read: 09 (a) The provisions of this chapter requiring the deposit of proof of financial 10 responsibility for the future apply to persons who are convicted of or forfeit bail for 11 certain offenses under motor vehicle laws or who, by ownership or operation of a 12 vehicle of a type subject to registration under AS 28.10, are involved in an accident 13 in this state that results in bodily injury or death of a person or damage to the property 14 of any one person exceeding $1,500 [$500]. 15 * Sec. 22. AS 28.20.260(a) is amended to read: 16 (a) Upon receipt by the department of the report of an accident resulting in 17 bodily injury or death, or property damage to any one person exceeding $1,500 [$500], 18 the department shall suspend the license of the driver of a motor vehicle involved in 19 the accident unless the driver or owner 20 (1) has previously furnished or immediately furnishes security required 21 by this chapter, or is excepted from furnishing security under AS 28.20.060, and 22 (2) maintains proof of financial responsibility for three years following 23 the accident. 24 * Sec. 23. AS 28.22.021 is amended to read: 25 Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE 26 LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have 27 motor vehicle liability insurance that complies with this chapter or a certificate of 28 self-insurance that complies with AS 28.20.400, shall show proof of this insurance 29 when that person is involved in an accident that results in bodily injury to or death of 30 a person, or damage to the property of a person exceeding $1,500 [$500]. 31 * Sec. 24. AS 28.22.041(a) is amended to read:
01 (a) If [EXCEPT AS PROVIDED IN (h) OF THIS SECTION, IF] a person 02 fails to provide proof required under AS 28.22.021 and 28.22.031, the department shall 03 suspend the driver's license of that person for the following periods: 04 (1) not less than 90 days if, within the preceding 10 years, the person 05 has not had a driver's license suspended for violation of AS 28.22.011 or former 06 AS 28.22.200; 07 (2) not less than one year if, within the preceding 10 years, the person 08 has had a driver's license suspended one or more times for violation of AS 28.22.011 09 or former AS 28.22.200. 10 * Sec. 25. AS 28.35.080(a) is amended to read: 11 (a) The driver of a vehicle involved in an accident resulting in bodily injury 12 to or death of a person or total property damage to an apparent extent of $,1500 [$500] 13 or more shall immediately by the quickest means of communication give notice of the 14 accident to the local police department if the accident occurs within a municipality, 15 otherwise to the Department of Public Safety. 16 * Sec. 26. AS 28.35.080(b) is amended to read: 17 (b) The driver of a vehicle involved in an accident resulting in bodily injury 18 to or death of a person or total property damage to an apparent extent of $1,500 [$500] 19 or more shall, within 10 days after the accident, forward a written report of the 20 accident to the Department of Public Safety and to the local police department if the 21 accident occurs within a municipality. A report is not required under this subsection 22 if the accident is investigated by a peace officer. 23 * Sec. 27. AS 33.30.011 is amended to read: 24 Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 25 (1) establish, maintain, operate, and control correctional facilities 26 suitable for the custody, care, and discipline of persons charged or convicted of 27 offenses against the state or held under authority of state law; 28 (2) classify prisoners; 29 (3) for persons committed to the custody of the commissioner, establish 30 programs, including furlough programs that are reasonably calculated to 31 (A) protect the public;
01 (B) maintain health; 02 (C) create or improve occupational skills; 03 (D) enhance educational qualifications; 04 (E) support court-ordered restitution; and 05 (F) otherwise provide for the rehabilitation and reformation of 06 prisoners, facilitating their reintegration into society; 07 (4) provide necessary medical services for prisoners in state 08 correctional facilities or to fulfill duties under AS 33.30.071(c) [WHO ARE 09 COMMITTED BY A COURT TO THE CUSTODY OF THE COMMISSIONER], 10 including examinations for communicable and infectious diseases, if a physician or 11 other health care provider, exercising ordinary skill and care at the time of 12 observation, concludes that 13 (A) a prisoner exhibits symptoms of a serious disease or 14 injury that is curable or may be substantially alleviated; and 15 (B) the potential for harm to the prisoner by reason of delay 16 or denial of care is substantial; 17 (5) provide necessary psychological or psychiatric treatment if a 18 physician or other health care provider, exercising ordinary skill and care at the time 19 of observation, concludes that 20 (A) a prisoner exhibits symptoms of a serious disease or injury 21 that is curable or may be substantially alleviated; and 22 (B) the potential for harm to the prisoner by reason of delay or 23 denial of care is substantial; and 24 (6) establish minimum standards for sex offender treatment programs 25 offered to persons who are committed to the custody of the commissioner. 26 * Sec. 28. AS 33.30.011 is amended by adding a new subsection to read: 27 (b) The commissioner is authorized to seek payment for a medical, 28 psychological, or psychiatric service provided under (a) of this section from any 29 source, including the prisoner, the prisoner's health insurance carrier, or any other 30 third-party insurer or payor to cover the services provided by the commissioner on 31 behalf of the prisoner. The duty established under (a) of this section does not relieve
01 the prisoner or any other person from a duty established by law, contract, or other 02 agreement to pay for or provide the services. The department shall adopt regulations 03 to interpret and implement this subsection. 04 * Sec. 29. AS 36.30 is amended by adding a new section to read: 05 Sec. 36.30.085. LEASE EXTENSIONS AUTHORIZED. (a) Notwithstanding 06 AS 36.30.080, the department may extend for up to a maximum extension of 10 years 07 a real property lease that is entered into under AS 36.30 or was entered into under 08 former AS 37.05.220 - 37.05.280 and that is in existence as of June 30, 1994 if a 09 minimum cost savings of 10 (1) 10 percent can be achieved on the rent due under the lease; or 11 (2) five percent can be achieved on the rent due under the lease and the 12 lessor agrees to make modifications to the leased real property to bring the real 13 property into compliance with the requirements of 42 U.S.C. 12101 - 12213 14 (Americans with Disabilities Act of 1990). 15 (b) The cost savings under (a) of this section must be calculated on the 16 remaining term of the lease and any renewals, including extensions allowed under (a) 17 of this section. 18 (c) In accordance with AS 36.30.005, the Board of Regents may extend leases 19 for the University of Alaska to the same extent as the department under this section. 20 (d) In accordance with AS 36.30.030, the court system may extend leases for 21 the court system to the same extent as the department under this section. 22 * Sec. 30. AS 36.30.320(a) is amended to read: 23 (a) A procurement for (1) supplies, services, or construction that does not 24 exceed an aggregate dollar amount of $25,000, or (2) lease of space that does not 25 exceed 2,500 square feet with a monthly lease amount that does not exceed $5,000, 26 may be made in accordance with regulations adopted by the commissioner for small 27 procurements. 28 * Sec. 31. AS 37.05.180 is repealed and reenacted to read: 29 Sec. 37.05.180. TIME LIMITATION ON PAYMENT OF WARRANTS. A 30 warrant upon the state treasury must be presented for payment to the Department of 31 Revenue within one year after the date of its issuance.
01 * Sec. 32. AS 37.07.040 is amended to read: 02 Sec. 37.07.040. OFFICE OF MANAGEMENT AND BUDGET. The Alaska 03 office of management and budget shall 04 (1) assist the governor in the preparation and explanation of the 05 proposed comprehensive program and financial plan, including the coordination and 06 analysis of state agency goals and objectives, plans, and budget requests; 07 (2) prepare for submission to the governor an annually updated multi-year [SIX-YEAR] capital improvements 08 program in either a fiscal year or priority 09 format and the proposed capital improvements budget for the coming fiscal year[, 10 THE LATTER TO INCLUDE INDIVIDUAL PROJECT JUSTIFICATION WITH 11 DOCUMENTATION OF ESTIMATED PROJECT COST]; 12 (3) develop procedures to produce the information needed for effective 13 policy decision making, including procedures to provide for the dissemination of 14 information about plans, programs, and budget requests to be included in the annual 15 budget and opportunity for public review and comment during the period of budget 16 preparation; 17 (4) assist state agencies in their statement of goals and objectives, 18 preparation of plans, budget requests, and reporting of program performance; all 19 documents forwarded by the office to a state agency containing instructions for the 20 preparation of program plans and budget requests and the reporting of program 21 performance are public information after the date they are forwarded; 22 (5) administer its responsibilities under the program execution 23 provisions of this chapter so that the policy decisions and budget determinations of the 24 governor and the legislature are implemented; 25 (6) provide the legislative finance division with the budget information 26 it may request; 27 (7) provide the legislative finance division with an advance copy of the 28 governor's budget workbooks by the first Monday in January of each year, except that 29 following a gubernatorial election year the advance copy shall be provided by the 30 second Monday in January; 31 (8) prepare the proposed capital improvements budget for the coming
01 fiscal year evaluating both state and local requests from the standpoint of need, equity, 02 and priorities of the jurisdiction; other factors such as project amounts, population, 03 local financial match, federal funds being used for local match, municipality or 04 unincorporated community acceptance of the facility, and all associated costs of the 05 facility may be considered. 06 * Sec. 33. AS 37.07.060 is amended by adding a new subsection to read: 07 (c) Notwithstanding (b) of this section, the reporting requirements of (b)(3)(A) 08 of this section, with respect to the Department of Transportation and Public Facilities, 09 apply only to the governor's capital improvements construction program for the 10 succeeding construction season, budget recommendations for the succeeding fiscal 11 year, and capital improvements construction program for the succeeding six fiscal 12 years. Notwithstanding (b)(3)(A) of this section, with respect to the Department of 13 Transportation and Public Facilities the required report must contain a general 14 description of each project and the source of financing for the project. The 15 requirements of (b)(3)(B) - (H) of this section, with respect to the Department of 16 Transportation and Public Facilities, apply to that department. 17 * Sec. 34. AS 37.25.010(b) is amended to read: 18 (b) An indebtedness arising from a prior year for which the appropriation has 19 lapsed shall be paid from the current year's appropriations, if (1) this expenditure does 20 not exceed the balance lapsed; and (2) the original obligation date is not more than 21 four [TWO] years from the requested date of disbursement. 22 * Sec. 35. AS 39.20.250(a) is amended to read: 23 (a) Terminal leave for unused personal leave shall be allowed upon separation 24 from service. The payment equals the personal leave balance at the date of 25 separation multiplied by the officer's or employee's rate of pay at the date of 26 separation expressed on an hourly basis [COMPENSATION THAT THE OFFICER 27 OR EMPLOYEE WOULD HAVE RECEIVED IF THE OFFICER OR EMPLOYEE 28 HAD REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD 29 OF UNUSED PERSONAL LEAVE]. A payment of terminal leave to an employee 30 shall be made as a lump sum payment [OR IN INSTALLMENTS OVER A PERIOD 31 OF TIME, AS THE EMPLOYEE ELECTS].
01 * Sec. 36. AS 44.42.050(a) is amended to read: 02 (a) The commissioner may [SHALL] develop [ANNUALLY] a 03 comprehensive, intermodal, long-range transportation priority list and plan for the 04 state consistent with applicable federal laws. [IN DEVELOPING AND REVISING 05 THE STATE PLAN, THE COMMISSIONER SHALL CONSIDER MEANS AND 06 COSTS OF IMPROVING EXISTING MODES AND FACILITIES, STATE AND 07 FEDERAL SUBSIDIES, AND THE COSTS AND BENEFITS OF NEW 08 TRANSPORTATION MODES AND FACILITIES. THE COMMISSIONER SHALL 09 ALSO CONSIDER THE RECOMMENDATION OF THE ALASKA 10 TRANSPORTATION PLANNING COUNCIL.] The plan shall be submitted to the 11 governor for review and approval and submitted by the governor to the legislature. 12 * Sec. 37. AS 44.42.050(b) is amended to read: 13 (b) In developing and revising the plan, the commissioner shall seek public 14 review and evaluation consistent with applicable federal statutes and regulations 15 [BY ANY REASONABLE MEANS AND MAY 16 (1) CONSULT AND COOPERATE WITH OFFICIALS AND 17 REPRESENTATIVES OF THE FEDERAL GOVERNMENT, OTHER 18 GOVERNMENTS, INTERSTATE COMMISSIONS AND AUTHORITIES, LOCAL 19 AGENCIES AND AUTHORITIES, INTERESTED CORPORATIONS AND OTHER 20 ORGANIZATIONS CONCERNING PROBLEMS AFFECTING TRANSPORTATION 21 IN THE STATE; AND 22 (2) REQUEST FROM AN AGENCY OR OTHER UNIT OF THE 23 STATE GOVERNMENT OR OF A POLITICAL SUBDIVISION OF IT, OR FROM 24 A PUBLIC AUTHORITY, THE ASSISTANCE AND DATA THAT MAY BE 25 NECESSARY TO ENABLE THE COMMISSIONER TO CARRY OUT 26 RESPONSIBILITIES UNDER THIS SECTION; EVERY SUCH ENTITY SHALL 27 PROVIDE THE ASSISTANCE AND DATA REQUESTED]. 28 * Sec. 38. AS 44.46.025(a) is amended to read: 29 (a) The Department of Environmental Conservation may adopt regulations that 30 prescribe reasonable fees, and establish procedures for the collection of the fees, to 31 cover the applicable direct and indirect costs, not including travel, of inspections,
01 permit preparation and administration, plan review and approval, and other services 02 provided by the department relating to 03 (1) agriculture and animals under AS 03.05; food, drugs, and cosmetics 04 under AS 17.20; and public accommodations and facilities under AS 18.35; 05 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 06 46.14.510; 07 (3) sewerage system and treatment works and wastewater disposal 08 systems, and drinking water systems, under AS 46.03.720; 09 (4) oil discharge financial responsibility under AS 46.04.040; 10 (5) oil discharge contingency plans under AS 46.04.030; 11 (6) water and wastewater operator training under AS 46.30; 12 (7) control of solid waste facilities under AS 46.03.020(10) and 13 46.03.100; 14 (8) certification of laboratories conducting environmental analyses of 15 public drinking water systems or of oil or hazardous substances, or conducting other 16 analyses required by the department; 17 (9) certification of federal permits or authorizations under 33 U.S.C. 18 1341, sec. 401 (Clean Water Act); 19 (10) regulating pesticides and broadcast chemicals under 20 AS 46.03.320; 21 (11) the on-site water and sewer system certification and audit 22 program under AS 46.03.026; 23 (12) plans for sewage and industrial waste disposal or treatment 24 under AS 46.03.090; 25 (13) analysis of public water system samples authorized for 26 submission to the department for analysis; 27 (14) regulating motor vehicle fuels to control emissions under 28 AS 46.14.510. 29 * Sec. 39. AS 44.47.050(a) is amended by adding a new paragraph to read: 30 (21) adopt regulations relating to head start programs to maximize the 31 state's ability to administer and enforce program requirements, for fiscal accountability.
01 * Sec. 40. AS 44.47.280 is amended to read: 02 Sec. 44.47.280. ELIGIBILITY OF FAMILIES FOR BENEFITS. The 03 department shall determine the eligibility of families for day care benefits on the basis 04 of the following factors: 05 (1) [NET] income of the family including salary, alimony, child 06 support, retirement benefits, social security, and any other source of income; 07 (2) number of children in the family; 08 (3) whether there is one parent or guardian solely responsible for the 09 care of the family; 10 (4) Repealed 11 (5) other factors found relevant by the department. 12 * Sec. 41. AS 46.03 is amended by adding a new section to read: 13 Sec. 46.03.026. ON-SITE WATER AND SEWER SYSTEM CERTIFICATION 14 AND AUDIT PROGRAM. (a) Notwithstanding any provision of AS 46.03 to the 15 contrary, for bank loans for homes in this state, the department may establish, by 16 regulation, a program to delegate the review and certification of on-site drinking water 17 and sewer systems. Under standards adopted by the department by regulation, the 18 department may delegate the review and certification to engineers who are registered 19 under AS 08.48. 20 (b) If the department establishes a program under (a) of this section, the 21 department shall establish an audit system for the department to monitor and review 22 a statistically significant number of systems certified under that program. An audit 23 must determine compliance with departmental standards for design, installation, and 24 operation in effect at the time of the certification. 25 (c) If the department establishes a program under (a) of this section, the 26 department shall, by regulation, establish fees for services sufficient to make the 27 program self-supporting. The commissioner of administration shall separately account 28 for fees collected under this section that the department deposits in the general fund. 29 The annual estimated balance in the account may be used by the legislature to make 30 appropriations to carry out the purposes of this section. 31 * Sec. 42. AS 46.03.720 is amended by adding a new subsection to read:
01 (d) Notwithstanding (a) of this section, department review and approval of 02 plans is not required for the functions specified in (a) of this section if 03 (1) the sewerage system or treatment works, or a part of either, is 04 located in a community or major military facility that has the power or legal authority 05 to review and approve sewerage system or treatment works plans; 06 (2) the community or major military facility has established ordinances 07 or other law to regulate domestic wastewater collections and sewerage which the 08 department has determined are substantially equivalent to department standards in 09 effect at the time of the determination; 10 (3) the community or major military facility has employed an engineer 11 registered under AS 08.48 who will review and approve domestic wastewater 12 collection and sewerage plans under those ordinances or other law; 13 (4) the community or major military facility commits adequate funding 14 or other resources to administer plan review and approvals under this subsection; and 15 (5) the department and the community or major military facility have 16 entered into an agreement under this subsection for delegation of the review and 17 approval of plans under the standards described in this subsection. 18 * Sec. 43. AS 28.10.108(b); AS 28.22.041(h); AS 39.20.250(b); and AS 44.42.050(d) are 19 repealed. 20 * Sec. 44. TRANSITION. Notwithstanding sec. 47 of this Act, an agency of the state that 21 has regulation adoption authority or that is authorized by this Act to adopt regulations, may 22 proceed to adopt regulations necessary to implement that agency's respective provisions in this 23 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 24 before July 1, 1994. 25 * Sec. 45. Sections 1 and 3 of this Act are retroactive to February 18, 1994. 26 * Sec. 46. Sections 1, 3, 44, and 45 of this Act take effect immediately under 27 AS 01.10.070(c). 28 * Sec. 47. Sections 2 and 4 - 43 of this Act take effect July 1, 1994.