CSSB 85(JUD) AM: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00CS FOR SENATE BILL NO. 85(JUD) am 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 04.11.400(d) is amended to read: 05 (d) The board may approve the issuance or transfer of ownership of a beverage 06 dispensary or restaurant or eating place license without regard to (a) of this section if 07 it appears that the issuance or transfer will encourage the tourist trade by encouraging 08 the construction or improvement of 09 (1) a hotel, motel, resort, or similar business relating to the tourist trade 10 with a dining facility or having kitchen facilities in a majority of its rental rooms and 11 at least a minimum number of rental rooms required according to the population of the 12 established village, incorporated city, unified municipality, or population area 13 established under (a) of this section in which the facility will be located, as follows: 14 (A) 10 rental rooms if the population is less than 1,501;
01 (B) 20 rental rooms if the population is 1,501 - 2,500 02 [BETWEEN 1,501 AND 2,500]; 03 (C) 25 rental rooms if the population is 2,501 - 5,000 04 [BETWEEN 2,501 AND 5,000]; 05 (D) 30 rental rooms if the population is 5,001 - 15,000 06 [BETWEEN 5,001 AND 15,000]; 07 (E) 35 rental rooms if the population is 15,001 - 25,000 08 [BETWEEN 15,001 AND 25,000]; 09 (F) 40 rental rooms if the population is 25,001 - 50,000 10 [BETWEEN 25,001 AND 50,000]; and 11 (G) 50 rental rooms if the population is greater than 50,000; or 12 (2) an airport terminal. 13 * Sec. 2. AS 04.11.498(b) is amended to read: 14 (b) If a majority of the voters of an established village vote "yes" on the 15 question set out in (a) of this section, and the sale of alcoholic beverages, or the sale 16 and importation of alcoholic beverages, has been previously prohibited in the 17 established village in accordance with AS 04.11.490 or 04.11.496, a person, beginning 18 on the first day of the month following certification of the results of the election, may 19 not knowingly possess an alcoholic beverage in the established village, unless the 20 alcoholic beverage is wine to be used for bona fide religious purposes based on tenets 21 or teachings of a church or religious body, is limited in quantity to the amount 22 necessary for religious purposes, and is dispensed only for religious purposes, by a 23 person recognized by the church or religious body as authorized to dispense the wine. 24 The board shall be notified immediately after certification of the results of the election 25 and thereafter may not issue, renew, or transfer between holders or locations a license 26 for licensed premises located within the perimeter of the established village [AS 27 DEFINED IN AS 04.21.080(b)]. 28 * Sec. 3. AS 04.11.498(c) is amended to read: 29 (c) If a majority of the voters of an established village vote "yes" on the 30 question set out in (a) of this section and the sale of alcoholic beverages, or the sale 31 and importation of alcoholic beverages, has not been previously prohibited in the
01 established village in accordance with AS 04.11.490 or 04.11.496, a person, beginning 02 90 days after certification of the results of the election, may not knowingly possess an 03 alcoholic beverage in the established village, unless the person is licensed by the board 04 or the alcoholic beverage is wine to be used for bona fide religious purposes based on 05 tenets or teachings of a church or religious body, is limited in quantity to the amount 06 necessary for religious purposes, and is dispensed only for religious purposes by a 07 person recognized by the church or religious body as authorized to dispense the wine. 08 The board shall be notified immediately after certification of the results of the election 09 and thereafter may not issue, renew, or transfer between holders or locations a license 10 for licensed premises located within the perimeter of the established village [AS 11 DEFINED IN AS 04.21.080(b)]. Licenses that may not be renewed because of a local 12 option election held under this section are void 90 days after the results of the election 13 are certified. A license that will expire during the 90 days after the results of a local 14 option election under this section are certified may be extended until it is void under 15 this subsection, by payment of a prorated portion of the biennial license fee. 16 * Sec. 4. AS 05.12.010(a) is amended to read: 17 (a) A person may not use, display, or publish the symbol of the Arctic Winter 18 Games, consisting of the triple circle symbol and ulu combination, for commercial 19 purposes or private gain without the written authorization of the Arctic Winter Games 20 International Committee [INCORPORATED]. 21 * Sec. 5. AS 05.12.010(b) is amended to read: 22 (b) A person may not use, display, or publish any name, title, or device that 23 tends to indicate that the person is affiliated with or supported by the Arctic Winter 24 Games without the written authorization of the Arctic Winter Games International 25 Committee [INCORPORATED]. 26 * Sec. 6. AS 06.45.060(7)(D) is amended to read: 27 (D) in shares or accounts of savings and loan associations or 28 mutual savings banks that are insured by the [FEDERAL SAVINGS AND 29 LOAN INSURANCE CORPORATION OR THE] Federal Deposit Insurance 30 Corporation; 31 * Sec. 7. AS 08.06.030(a) is amended to read:
01 (a) A person is qualified to receive a license to practice acupuncture if the 02 person 03 (1) is of good moral character; 04 (2) is at least 21 years of age; 05 (3) either 06 (A) has completed a course of study consistent with the core 07 curriculum and guidelines of the National Council of Acupuncture Schools and 08 Colleges at a school of acupuncture approved by the department; or 09 (B) is licensed to practice acupuncture in another jurisdiction 10 that has acupuncture licensing requirements equivalent to those of this state; 11 (4) is qualified for certification by the National Commission 12 [COUNCIL] for the Certification of Acupuncturists as a diplomate in acupuncture; 13 (5) does not have a disciplinary proceeding or unresolved complaint 14 pending at the time of application; and 15 (6) has not had a license to practice acupuncture suspended or revoked 16 in this state or in another jurisdiction. 17 * Sec. 8. AS 08.45.030 is amended to read: 18 Sec. 08.45.030. ISSUANCE OF LICENSE. The division shall issue a license 19 to practice naturopathy to an applicant who provides proof satisfactory to the division 20 that the applicant has received a degree from an accredited four-year college or 21 university, and 22 (1) on or before December 1, 1987, has graduated from a school of 23 naturopathy that required four years of attendance at the school and after graduation 24 has received a license in another state after passing an examination for licensure in that 25 state and is licensed by a state at the time of application; or 26 (2) after December 31, 1987, has 27 (A) graduated from a school of naturopathy that required four 28 years of attendance at the school and at the time of graduation the school was 29 accredited or a candidate for accreditation by the Council on Naturopathic 30 Medical Education or a successor organization recognized by the United States 31 Department of Education; and
01 (B) passed the Naturopathic Physicians Licensing Examination 02 [SPONSORED BY THE AMERICAN ASSOCIATION OF NATUROPATHIC 03 PHYSICIANS]. 04 * Sec. 9. AS 08.45.035(a) is amended to read: 05 (a) The division shall issue a temporary license to practice naturopathy to an 06 applicant who has applied for and is qualified to take the next Naturopathic Physicians 07 Licensing Examination offered after the date of application and provides proof 08 satisfactory to the division that the applicant 09 (1) meets the requirements of AS 08.45.030(2)(A); and 10 (2) has not previously failed the Naturopathic Physicians Licensing 11 Examination [SPONSORED BY THE AMERICAN ASSOCIATION OF 12 NATUROPATHIC PHYSICIANS]. 13 * Sec. 10. AS 08.48.191(b) is amended to read: 14 (b) A person holding a certificate of registration authorizing the person to 15 practice engineering in a state, territory, or possession of the United States, the District 16 of Columbia, or a foreign country, that, in the opinion of the board meets the 17 requirements of this chapter, based on verified evidence, may, upon application, be 18 registered in accordance with regulations of the board. A person holding a certificate 19 of qualification issued by the National Council of Examiners for Engineering and 20 Surveying [ENGINEERING EXAMINERS COMMITTEE ON NATIONAL 21 ENGINEERING CERTIFICATION] may, upon application, be registered in 22 accordance with the regulations of the board. 23 * Sec. 11. AS 08.80.120 is amended to read: 24 Sec. 08.80.120. GRADING AND CONTENT OF EXAMINATION. To pass 25 the state pharmacy examination, each applicant shall attain a general average of not 26 less than 75 percent and a grade of not less than 60 percent in any one category of the 27 National Association of Boards [BOARD] of Pharmacy Standard Examinations for 28 licensure or an equivalent examination given by the board. 29 * Sec. 12. AS 09.38.015(c) is amended to read: 30 (c) Property of the state, a [GENERAL LAW OR HOME RULE] municipality, 31 and of the Alaska Municipal Bond Bank Authority or another state public corporation
01 is exempt. 02 * Sec. 13. AS 09.38.500(1) is amended to read: 03 (1) "burial plot" means a parcel of real estate that is used for burial of 04 human remains and that [WHICH] is located within an area designated for cemetery 05 purposes by the state or a [GENERAL LAW OR HOME RULE] municipality; 06 * Sec. 14. AS 13.26.344(l) is amended to read: 07 (l) In the statutory form power of attorney, the language conferring general 08 authority with respect to health care services [,] shall be construed to mean that, as to 09 the health care of the principal, whether to be provided in the state or elsewhere, the 10 principal authorizes the agent to 11 (1) have access to and disclose to others medical and related 12 information and records; 13 (2) consent or refuse to consent to medical care or relief for the 14 principal from pain, but the agent may not authorize the termination of life-sustaining 15 procedures; 16 (3) take all steps necessary to enforce a properly executed declaration 17 under AS 18.12; 18 (4) consent or refuse to consent to the principal's psychiatric care, but 19 the consent does not authorize a voluntary commitment or placement in a mental 20 health treatment facility, convulsive [CONCLUSIVE] or electric-shock therapy, 21 psychosurgery, sterilization, or an abortion; 22 (5) arrange for care or lodging of the principal in a hospital, nursing 23 home, or hospice; 24 (6) grant releases to health care professionals or health care institutions; 25 (7) hire, discharge, or compensate an attorney, accountant, expert 26 witness, or assistant when the agent considers the action to be desirable for the proper 27 execution of the powers described in this subsection; and 28 (8) do any other act or acts [,] that the principal can do through an 29 agent [,] and that the agent considers desirable or necessary to provide for the 30 principal's physical or mental well-being [WELL BEING]. 31 * Sec. 15. AS 16.10.294(f) is amended to read:
01 (f) A person affected by an order issued under AS 16.10.265 - 16.10.296 02 [THIS CHAPTER] may seek equitable relief preventing the commissioner from 03 enforcing the order. 04 * Sec. 16. AS 16.10.294(g) is amended to read: 05 (g) In an action instituted in the superior court by the commissioner or a 06 representative of the commissioner, a person acting in the capacity of a fish processor 07 or primary fish buyer in violation of AS 16.10.265 - 16.10.296 [THIS CHAPTER] may 08 be enjoined from acting as a fish processor or primary fish buyer. 09 * Sec. 17. AS 18.05 is amended by adding a new section to read: 10 Sec. 18.05.061. PENALTY FOR VIOLATION. A person who violates a 11 provision of AS 18.05.040 - 18.05.046 or a regulation adopted under AS 18.05.040 - 12 18.05.046 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of 13 not more than $500, or by imprisonment for not more than one year. Each day that 14 a person continues a violation is a separate offense. 15 * Sec. 18. AS 18.65.705(4) is amended to read: 16 (4) has not been convicted, within the five years immediately preceding 17 the application, of, and is not currently charged under a complaint, information, 18 indictment, or presentment with, any of the following misdemeanor offenses or similar 19 laws of another jurisdiction: 20 (A) AS 11.41.230, 11.41.250, 11.41.270; 21 (B) AS 11.46.315, 11.46.320, 11.46.330, 11.46.430, 11.46.484; 22 (C) AS 11.51.130; 23 (D) AS 11.56.330, 11.56.340, 11.56.350, 11.56.380, 11.56.545, 24 11.56.700, 11.56.710, 11.56.740, 11.56.780, 11.56.790, 11.56.800, 11.56.805; 25 (E) AS 11.61.110, 11.61.120, 11.61.210, 11.61.220, 11.61.240; 26 or 27 (F) AS 11.71.050, 11.71.060; 28 * Sec. 19. AS 19.40.200(b) is amended to read: 29 (b) The prohibition on disposal of state land under (a) of this section does not 30 apply to a disposal 31 (1) to a licensed public utility or a licensed common carrier under
01 AS 38.05.810(e); 02 (2) for the reauthorization of leases that were in effect on January 1, 03 1994, for nonresidential purposes within the following development nodes: 04 Coldfoot: 05 Township 28 North, Range 12 West, Fairbanks Meridian 06 Sections 9 - 10 07 Sections 15 - 16 08 Yukon River Crossing: 09 Township 13 North, Range 11 West, Fairbanks [UMIAT] 10 Meridian 11 Section 26; 12 (3) for nonresidential development within the following development 13 node: 14 Deadhorse: 15 Township 10 North, Range 14 East, Umiat Meridian 16 Sections 24 - 25 17 Township 10 North, Range 15 East, Umiat Meridian 18 Section 19 19 Section 30; or 20 (4) necessary for 21 (A) an oil and gas lease under AS 38.05.180; 22 (B) exploration, development, production, or transportation of 23 oil and gas north of 68 degrees north latitude; or 24 (C) a state lease or materials sale for 25 (i) exploration, development, production, or 26 transportation of oil and gas; 27 (ii) reconstruction or maintenance of state highways; or 28 (iii) construction or maintenance of airports. 29 * Sec. 20. AS 21.21.230 is amended to read: 30 Sec. 21.21.230. SAVINGS AND LOAN. To the extent that the account is 31 insured by the Federal Deposit Insurance Corporation [FEDERAL SAVINGS AND
01 LOAN INSURANCE CORPORATION], an insurer may invest in share or savings 02 accounts of savings and loan and building and loan associations. 03 * Sec. 21. AS 21.21.600(19) is amended to read: 04 (19) "savings and loan" means an organization organized under the laws 05 of a state that has qualified for the insurance protection provided by the Federal 06 Deposit Insurance Corporation [FEDERAL SAVINGS AND LOAN INSURANCE 07 CORPORATION]; 08 * Sec. 22. AS 39.50.020(a) is amended to read: 09 (a) A judicial officer, commissioner, chair or member of a state commission 10 or board specified in AS 39.50.200(b), a person hired or appointed as head or deputy 11 head of, or director of a division within, a department in the executive branch, a 12 person appointed as assistant to the governor, a state investment officer and the state 13 comptroller in the Department of Revenue, and a municipal officer, shall file a 14 statement giving income sources and business interests, under oath and on penalty of 15 perjury, within 30 days after taking office as a public official. Candidates for state 16 elective office other than a candidate who is subject to AS 24.60 shall file such a 17 statement with the director of elections at the time of filing a declaration of candidacy 18 or within 30 days of the filing of a nominating petition, or within 30 days of becoming 19 a candidate by any other means. Candidates for elective municipal office shall file 20 such a statement at the time of filing a nominating petition, declaration of candidacy, 21 or other required filing for the elective municipal office. Refusal or failure to file 22 within the time prescribed shall require that the candidate's filing fees, if any, and 23 filing for office be refused or that a previously accepted filing fee be returned and the 24 candidate's name removed from the filing records. A statement shall also be filed by 25 public officials no later than April 15 or 15 days after the person files a federal income 26 tax return in each following year, whichever comes first. Persons who are [, ON OR 27 AFTER DECEMBER 11, 1974, WERE] members of boards or commissions not named 28 in AS 39.50.200(b) are not required to file financial statements. 29 * Sec. 23. AS 41.09.010(h) is amended to read: 30 (h) Amounts due the permanent fund under AS 37.13.010 shall [MAY] be 31 calculated before the application of a credit extended under (a) of this section.
01 * Sec. 24. AS 42.40.750(c) is amended to read: 02 (c) The railroad labor relations agency shall determine who is eligible to vote 03 in an election held under this section and shall adopt regulations [ESTABLISH 04 RULES] governing the election. In an election in which none of the choices on the 05 ballot receives a majority of the votes cast, a runoff election shall be conducted, the 06 ballot providing for selection between the two choices receiving the largest number of 07 valid votes cast in the election. If an organization receives the majority of the votes 08 cast in the election, it shall be certified by the railroad labor relations agency as 09 exclusive representative of all the employees in the bargaining unit. An election may 10 not be held in a bargaining unit or in a subdivision of a bargaining unit if a valid 11 election has been held within the preceding 12 months. 12 * Sec. 25. AS 44.19.155(d) is amended to read: 13 (d) Each member of the council shall select one person to serve as a 14 permanent alternate at meetings of the council. If a member of the council is unable 15 to attend, the member shall advise the alternate who may attend and act in the place 16 of the member. The alternate for a public member appointed [AFTER JULY 9, 1978] 17 under (a)(1) of this section shall, at the time of the alternate's designation and 18 throughout the period of service as a permanent alternate, be the mayor or member of 19 the assembly or council of a municipality within the region from which the permanent 20 member is appointed. The alternate for the director of the office of management and 21 budget, serving under (a)(2)(A) of this section, shall be the director's designee within 22 that office. The alternate for a designated member serving under (a)(2)(B) - (G) of 23 this section shall be a deputy commissioner of the department or the director of a 24 division in the department. The names of alternates shall be filed with the council. 25 * Sec. 26. AS 44.21.501(a)(8) is amended to read: 26 (8) assist the state's bargaining representative [THE DIVISION OF 27 LABOR RELATIONS] in collective bargaining negotiations between the state and 28 employee bargaining organizations to ensure that each collective bargaining agreement 29 negotiated by the state ensures equal employment opportunity; 30 * Sec. 27. AS 44.33.119(6) is amended to read: 31 (6) ensure that the visitors' [VISITORY] experience in the state is and
01 continues to be satisfactory and leads to word-of-mouth advertising and return visits 02 to the state; 03 * Sec. 28. AS 44.62.160(a) is amended to read: 04 (a) The Alaska Administrative Register shall be published quarterly on the first 05 day of the month [, BEGINNING IN A MONTH TO BE DESIGNATED BY THE 06 DEPARTMENT OF LAW, BUT NOT LATER THAN OCTOBER 1969]. All 07 regulations required to be submitted under AS 44.62.040 that are filed by the first day 08 of the month preceding publication shall be published in the register for that quarter. 09 * Sec. 29. AS 46.14.990 is amended by adding new paragraphs to read: 10 (26) "commissioner" means the commissioner of environmental 11 conservation; 12 (27) "department" means the Department of Environmental 13 Conservation. 14 * Sec. 30. AS 47.10.080(b)(6) is amended to read: 15 (6) in addition to an order under (1) - (5) of this subsection, if the 16 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 17 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 18 purposes of this paragraph, "community service" includes work 19 (A) defined as community service under [ON A PROJECT 20 IDENTIFIED IN] AS 33.30.901; or 21 (B) that, on the recommendation of the city council or 22 traditional village council, would benefit persons within the city or village who 23 are elderly or disabled. 24 * Sec. 31. AS 47.10.097(b) is amended to read: 25 (b) Fingerprint records taken under this section are not subject to 26 AS 47.10.093(a) [AS 47.10.090]. 27 * Sec. 32. AS 47.10.490(2) is repealed and reenacted to read: 28 (2) "out-of-home care provider" means an agency or person, other than 29 the child's legal parents, with whom a child who is in the custody of the state under 30 AS 47.10.080(b)(3), (c)(1), or (c)(3), 47.10.142, or 47.10.230(c) is currently placed; 31 in this paragraph, "agency or person" includes a foster parent, a relative other than a
01 parent, a person who has petitioned for adoption of the child, and a residential child 02 care facility; 03 * Sec. 33. AS 18.07.111(12); AS 24.20.075; AS 44.33.122, 44.33.124; AS 44.66.010(a)(8), 04 44.66.010(a)(12), 44.66.010(a)(16); and AS 47.30.500(4) are repealed. 05 * Sec. 34. This Act takes effect immediately under AS 01.10.070(c).