SB 310: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00SENATE BILL NO. 310 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 04.11.510(a) is amended to read: 05 (a) Unless a legal action relating to the license, applicant, or premises to be 06 licensed is pending, the board shall decide whether to grant or deny an application 07 within 90 days of receipt of the application at the main office of the board. However, 08 the decision may not be made before the time [30 DAYS] allowed for protest under 09 AS 04.11.480 has [HAVE] elapsed, unless waived by the municipality. 10 * Sec. 2. AS 08.01.088 is amended to read: 11 Sec. 08.01.088. CONVICTION AS GROUNDS FOR DISCIPLINARY 12 ACTION. Notwithstanding any other provision of this title, the conviction under 13 AS 47.24.010 [OR 47.24.110] of a person licensed, certified, or regulated by the 14 department or a board under this title may be considered by the department or board
01 as grounds for disciplinary proceedings or sanctions. 02 * Sec. 3. AS 11.41.410(a) is amended to read: 03 (a) An offender commits the crime of sexual assault in the first degree if 04 (1) the offender engages in sexual penetration with another person 05 without consent of that person; 06 (2) the offender attempts to engage in sexual penetration with another 07 person without consent of that person and causes serious physical injury to that person; 08 (3) the offender engages in sexual penetration with another person 09 (A) who the offender knows is mentally incapable; and 10 (B) who is entrusted to the offender's care 11 (i) by authority of law; or 12 (ii) in a facility or program that is required by law to be 13 licensed by the Department of Administration under AS 47.33 or by 14 the Department of Health and Social Services; or 15 (4) the offender engages in sexual penetration with a person who the 16 offender knows is unaware that a sexual act is being committed and 17 (A) the offender is a health care worker; and 18 (B) the offense takes place during the course of professional 19 treatment of the victim. 20 * Sec. 4. AS 11.41.420(a) is amended to read: 21 (a) An offender commits the crime of sexual assault in the second degree if 22 (1) the offender engages in sexual contact with another person without 23 consent of that person; 24 (2) the offender engages in sexual contact with a person 25 (A) who the offender knows is mentally incapable; and 26 (B) who is entrusted to the offender's care 27 (i) by authority of law; or 28 (ii) in a facility or program that is required by law to be 29 licensed by the Department of Administration under AS 47.33 or by 30 the Department of Health and Social Services; 31 (3) the offender engages in sexual penetration with a person who the
01 offender knows is 02 (A) mentally incapable; 03 (B) incapacitated; or 04 (C) unaware that a sexual act is being committed; or 05 (4) the offender engages in sexual contact with a person who the 06 offender knows is unaware that a sexual act is being committed and 07 (A) the offender is a health care worker; and 08 (B) the offense takes place during the course of professional 09 treatment of the victim. 10 * Sec. 5. AS 11.46.484(c) is amended to read: 11 (c) A person convicted under (a)(2) of this section is guilty of a class C felony 12 if, within the preceding seven years, the person was convicted under 13 (1) the provisions of (a)(2) of this section; 14 (2) former AS 28.35.010; 15 (3) the provisions of AS 11.46.482(a)(4) or (5); 16 (4) an offense involving the theft of a propelled vehicle under 17 AS 11.46.120 - 11.46.140; or 18 (5) a law or ordinance of this or another jurisdiction with elements 19 substantially similar to those of the offenses described in (1) - (4) of this subsection. 20 * Sec. 6. AS 11.46.486(a) is amended to read: 21 (a) A person commits the crime of criminal mischief in the fourth degree if, 22 having no right to do so or any reasonable ground to believe the person has such a 23 right, 24 (1) with reckless disregard for the risk of harm to or loss of the 25 property or with intent to cause substantial inconvenience to another, the person 26 tampers with property of another; 27 (2) with intent to damage property of another, the person damages 28 property of another in an amount less than $50; or 29 (3) the person rides in a propelled vehicle knowing it has been stolen 30 or that it is being used in violation of AS 11.46.482(a)(4) or (5) or 11.46.484(a)(2). 31 * Sec. 7. AS 12.25.030(b) is amended to read:
01 (b) In addition to the authority granted under (a) of this section, a peace officer 02 without a warrant may arrest a person when the peace officer has reasonable cause for 03 believing that the person 04 (1) has committed a crime under, or violated conditions imposed as part 05 of the person's release before trial on misdemeanor charges brought under 06 (A) [AS 04.16.050 OR AN ORDINANCE WITH SIMILAR 07 ELEMENTS; 08 (B)] AS 11.41.270 or AS 11.56.740; or 09 (B) [(C)] AS 11.41, AS 11.46.330, or AS 11.61.120, or has 10 violated an ordinance with elements substantially similar to the elements of a 11 crime under AS 11.41, AS 11.46.330, or AS 11.61.120, when the victim is a 12 spouse or former spouse of the person who committed the crime; a parent, 13 grandparent, child, or grandchild of the person who committed the crime; a 14 member of the social unit comprised of those living together in the same 15 dwelling as the person who committed the crime; or another person who is not 16 a spouse or former spouse of the person who committed the crime but who 17 previously lived in a spousal relationship with the person who committed the 18 crime or is in or has been in a dating, courtship, or engagement relationship 19 with the person who committed the crime; or 20 (2) has violated AS 04.16.050 or an ordinance with similar elements; 21 however, unless there is lawful reason for further detention, a person who is under the 22 age of 18 and who has been arrested for violating AS 04.16.050 or an ordinance with 23 similar elements shall be cited for the offense and released to the person's parent, 24 guardian, or legal custodian. 25 * Sec. 8. AS 12.55.125(g) is amended to read: 26 (g) If a defendant is sentenced under (c), (d)(1), (d)(2), (e)(1), (e)(2), (e)(4), 27 or (i) of this section, except to the extent permitted under AS 12.55.155 - 12.55.175, 28 (1) imprisonment may not be suspended under AS 12.55.080; 29 (2) imposition of sentence may not be suspended under AS 12.55.085; 30 (3) terms of imprisonment may not be otherwise reduced. 31 * Sec. 9. AS 12.55.155(a) is amended to read:
01 (a) If a defendant is convicted of an offense and is subject to sentencing under 02 AS 12.55.125(c), (d)(1), (d)(2), (e)(1), (e)(2), (e)(4), or (i) and 03 (1) the presumptive term is four years or less, the court may decrease 04 the presumptive term by an amount as great as the presumptive term for factors in 05 mitigation or may increase the presumptive term up to the maximum term of 06 imprisonment for factors in aggravation; 07 (2) the presumptive term of imprisonment is more than four years, the 08 court may decrease the presumptive term by an amount as great as 50 percent of the 09 presumptive term for factors in mitigation or may increase the presumptive term up 10 to the maximum term of imprisonment for factors in aggravation. 11 * Sec. 10. AS 12.55.165(a) is amended to read: 12 (a) If the defendant is subject to sentencing under AS 12.55.125(c), (d)(1), 13 (d)(2), (e)(1), (e)(2), (e)(4) [(d), (e)], or (i) and the court finds by clear and 14 convincing evidence that manifest injustice would result from failure to consider 15 relevant aggravating or mitigating factors not specifically included in AS 12.55.155 or 16 from imposition of the presumptive term, whether or not adjusted for aggravating or 17 mitigating factors, the court shall enter findings and conclusions and cause a record of 18 the proceedings to be transmitted to a three-judge panel for sentencing under 19 AS 12.55.175. 20 * Sec. 11. AS 12.75.100 is amended to read: 21 Sec. 12.75.100. REMEDY OF PERSON IN CUSTODY BY VIRTUE OF 22 CIVIL PROCESS. If it appears on the return of the writ that the prisoner is in custody 23 by virtue of an order or civil process of a court legally constituted, or issued by an 24 officer in the course of judicial proceedings before the officer, authorized by law, the 25 prisoner shall be discharged or granted any other appropriate remedy in any of the 26 following cases: 27 (1) when the jurisdiction of the court or officer has been exceeded, 28 either as to matter, place, sum, or person; 29 (2) when, though the original imprisonment was lawful, yet by some 30 act, omission, or event that has taken place afterwards, the party has become entitled 31 to a discharge or other remedy;
01 (3) when the order or process is defective in some matter of [OR] 02 substance required by law, rendering the process void; 03 (4) when the order or process, though in proper form, has been issued 04 in a case not allowed by law; 05 (5) when the person having the custody of the prisoner under the order 06 or process is not the person empowered by law to detain the prisoner; or 07 (6) when the order or process is not authorized by a judgment of a 08 court or by a provision of law. 09 * Sec. 12. AS 13.26.332 is amended to read: 10 Sec. 13.26.332. STATUTORY FORM POWER OF ATTORNEY. A person 11 who wishes to designate another as attorney-in-fact or agent by a power of attorney 12 may execute a statutory power of attorney set out in substantially the following form: GENERAL POWER OF 13 ATTORNEY 14 THE POWERS GRANTED FROM THE PRINCIPAL TO 15 THE AGENT OR AGENTS IN THE FOLLOWING 16 DOCUMENT ARE VERY BROAD. THEY MAY INCLUDE 17 THE POWER TO DISPOSE, SELL, CONVEY, AND 18 ENCUMBER YOUR REAL AND PERSONAL PROPERTY, 19 AND THE POWER TO MAKE YOUR HEALTH CARE 20 DECISIONS. ACCORDINGLY, THE FOLLOWING 21 DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL 22 CONSIDERATION. IF YOU HAVE ANY QUESTIONS 23 ABOUT THIS DOCUMENT, YOU SHOULD SEEK 24 COMPETENT ADVICE. 25 YOU MAY REVOKE THIS POWER OF ATTORNEY AT 26 ANY TIME. 27 Pursuant to AS 13.26.338 - 13.26.353, I, (Name of principal), 28 of (Address of principal) , do hereby appoint (Name 29 and address of agent or agents) , my attorney(s)-in-fact to act 30 as I have checked below in my name, place, and stead in any 31 way which I myself could do, if I were personally present, with
01 respect to the following matters, as each of them is defined in 02 AS 13.26.344, to the full extent that I am permitted by law to 03 act through an agent: 04 THE AGENT OR AGENTS YOU HAVE APPOINTED 05 WILL HAVE ALL THE POWERS LISTED BELOW UNLESS 06 YOU 07 DRAW A LINE THROUGH A CATEGORY; 08 AND 09 INITIAL THE BOX OPPOSITE THAT 10 CATEGORY 11 (A) real estate transactions ( ) 12 (B) transactions involving tangible personal property, chattels, and goods 13 ( ) 14 (C) bonds, shares, and commodities transactions ( ) 15 (D) banking transactions ( ) 16 (E) business operating transactions ( ) 17 (F) insurance transactions ( ) 18 (G) estate transactions ( ) 19 (H) gift transactions ( ) 20 (I) claims and litigation ( ) 21 (J) personal relationships and affairs ( ) 22 (K) benefits from government programs and 23 military service ( ) 24 (L) health care services ( ) 25 (M) records, reports, and statements ( ) 26 (N) delegation ( ) 27 (O) all other matters, including those specified as follows: ( ) 28 _______________________________________________________________________________________________________________________ 29 IF YOU HAVE APPOINTED MORE THAN ONE AGENT, 30 CHECK ONE OF THE FOLLOWING: 31 ( ) Each agent may exercise the powers conferred separately,
01 without the consent of any other agent. 02 ( ) All agents shall exercise the powers conferred jointly, with 03 the consent of all other agents. 04 TO INDICATE WHEN THIS DOCUMENT SHALL 05 BECOME EFFECTIVE, CHECK ONE OF THE FOLLOWING: 06 ( ) This document shall become effective upon the date of my 07 signature. 08 ( ) This document shall become effective upon the date of my 09 disability and shall not otherwise be affected by my disability. 10 IF YOU HAVE INDICATED THAT THIS DOCUMENT 11 SHALL BECOME EFFECTIVE ON THE DATE OF YOUR 12 SIGNATURE, CHECK ONE OF THE FOLLOWING: 13 ( ) This document shall not be affected by my subsequent 14 disability. 15 ( ) This document shall be revoked by my subsequent 16 disability. 17 IF YOU HAVE INDICATED THAT THIS DOCUMENT 18 SHALL BECOME EFFECTIVE UPON THE DATE OF YOUR 19 SIGNATURE AND WANT TO LIMIT THE TERM OF THIS 20 DOCUMENT, COMPLETE THE FOLLOWING: 21 This document shall only continue in effect for ______ ( ) 22 years from the date of my signature. 23 NOTICE OF REVOCATION OF THE POWERS GRANTED 24 IN THIS DOCUMENT 25 You may revoke one or more of the powers granted in this 26 document. Unless otherwise provided in this document, you 27 may revoke a specific power granted in this power of attorney 28 by completing a special power of attorney that includes the 29 specific power in this document that you want to revoke. Unless 30 otherwise provided in this document, you may revoke all the 31 powers granted in this power of attorney by completing a
01 subsequent power of attorney. 02 NOTICE TO THIRD PARTIES 03 A third party who relies on the reasonable representations of 04 an attorney-in-fact as to a matter relating to a power granted by 05 a properly executed statutory power of attorney does not incur 06 any liability to the principal or to the principal's heirs, assigns, 07 or estate as a result of permitting the attorney-in-fact to exercise 08 the authority granted by the power of attorney. A third party 09 who fails to honor a properly executed statutory form power of 10 attorney may be liable to the principal, the attorney-in-fact, the 11 principal's heirs, assigns, or estate for a civil penalty, plus 12 damages, costs, and fees associated with the failure to comply 13 with the statutory form power of attorney. If the power of 14 attorney is one which becomes effective upon the disability of 15 the principal, the disability of the principal is established by an 16 affidavit, as required by law. 17 IN WITNESS WHEREOF, I have hereunto signed my name 18 this ____ day of ____________, ____. 19 __________________ 20 Signature of Principal 21 Acknowledged [SUBSCRIBED AND SWORN TO OR 22 AFFIRMED] before me at _______________________________ 23 on _______________________________. 24 Signature of Officer or Notary 25 * Sec. 13. AS 15.13.110(f) is amended to read: 26 (f) During the year in which the election is scheduled, each of the following 27 shall file the campaign disclosure reports in the manner and at the times required by 28 this section: 29 (1) a person who, under the regulations adopted by the commission to 30 implement AS 15.13.100, indicates an intention to become a candidate for elective 31 state executive or legislative office;
01 (2) a person who has filed a nominating petition under AS 15.25.140 - 02 15.25.200 to become a candidate at the primary [GENERAL] election for elective 03 state executive or legislative office; 04 (3) a person who campaigns as a write-in candidate for elective state 05 executive or legislative office at the general election; and 06 (4) a group that receives contributions or makes expenditures on behalf 07 of or in opposition to a person described in (1) - (3) of this subsection. 08 * Sec. 14. AS 16.05.110 is amended to read: 09 Sec. 16.05.110. COMPOSITION OF FUND. The fish and game fund shall be 10 made up of the following money and other money the legislature appropriates, which 11 shall be deposited and retained in the fund until expended: 12 (1) money received from the sale of state sport fishing, hunting, and 13 trapping licenses, tags, and special permits, [AND] waterfowl conservation tags 14 purchased by hunters, and anadromous salmon tags purchased by fishermen; 15 (2) proceeds received from the sale of furs, skins, and specimens taken 16 by predator hunters and other employees; 17 (3) money received in settlement of a claim or loss caused by damage 18 to the fish and game resources of the state; 19 (4) money received from federal, state, or other governmental unit, or 20 from a private donor for fish and game purposes; 21 (5) interest earned upon money in the fund; 22 (6) money from any other source. 23 * Sec. 15. AS 16.05.130(a) is amended to read: 24 (a) Except as provided in (c) of this section, money accruing to the state from 25 sport fishing, hunting, and trapping licenses, tags, or permit fees may not be diverted 26 to a purpose other than the protection, propagation, investigation, and restoration of 27 sport fish and game resources and the expenses of administering the sport fish and 28 game divisions of the department. 29 * Sec. 16. AS 16.05.340(a) is amended to read: 30 (a) Fees for licenses, permits, and tags are as follows: 31 (1) Resident sport fishing license . . . . . . . . . . . . . . . . . . . . $ 15
01 However, the fee is 25 cents for a resident who is blind. 02 (2) Resident hunting license . . . . . . . . . . . . . . . . . . . . . . . . 25 03 (3) Resident hunting and trapping license. . . . . . . . . . . . . . . . . . 40 04 (4) Resident trapping license. . . . . . . . . . . . . . . . . . . . . . . . 15 05 (5) Resident hunting and sport fishing license . . . . . . . . . . . . . . . 40 06 (6) Resident hunting, trapping, and sport fishing license . . . . . . . . . 55; 07 (A) however, the fee is $5 for an applicant who 08 (i) is receiving or has received assistance during the 09 preceding six months under any state or federal welfare program to aid 10 the indigent, or 11 (ii) has an annual family gross income of less than 12 $8,200 for the year preceding application; 13 (B) a person paying $5 for a resident hunting, trapping, and 14 sport fishing license must provide proof of eligibility under this paragraph 15 when requested by the departments. 16 (7) Nonresident special sport fishing license - valid for the period 17 inscribed on the license 18 (A) For 14-day license. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30 19 (B) For three-day license . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20 (C) For one-day license . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21 (8) Nonresident sport fishing license . . . . . . . . . . . . . . . . . . . . 50 22 (9) Nonresident hunting license . . . . . . . . . . . . . . . . . . . . . . . 85 23 (10) Nonresident hunting and sport fishing license . . . . . . . . . . . . . .135 24 A nonresident may not take a big game animal without previously purchasing a 25 numbered, nontransferable, appropriate tag, issued under (15) of this subsection. The 26 tag must be affixed to the animal immediately upon capture and must remain affixed 27 until the animal is prepared for storage, consumed, or exported. A tag issued but not 28 used for an animal may be used to satisfy the tagging requirement for an animal of any 29 other species for which the tag fee is of equal or less value. 30 (11) Nonresident hunting and trapping license. . . . . . . . . . . . . . . .$250 31 (12) Fur dealers
01 (A) Resident fur dealer biennial license . . . . . . . . . . . . . . . . . 150 02 (B) Nonresident fur dealer biennial license . . . . . . . . . . . . . . . . 500 03 (13) Taxidermists 04 (A) Resident taxidermy biennial license . . . . . . . . . . . . . . . . . . 200 05 (B) Nonresident taxidermy biennial license . . . . . . . . . . . . . . . . 500 06 (14) Aquatic farming triennial license . . . . . . . . . . . . . . . . . . . 400 07 (15) Nonresident big game tags 08 (A) Bear, black, each . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 09 (B) Bear, brown or grizzly, each . . . . . . . . . . . . . . . . . . . . . 500 10 (C) Bison, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 11 (D) Caribou, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 12 (E) Deer, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 13 (F) Elk, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 14 (G) Goat, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 15 (H) Moose, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400 16 (I) Sheep, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 17 (J) Wolf, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 18 (K) Wolverine, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 19 (L) Musk oxen, each . . . . . . . . . . . . . . . . . . . . . . . . . . . .1,100 20 (16) Resident big game tags 21 (A) Bear, brown or grizzly, each. . . . . . . . . . . . . . . . . . . . . .$ 25 22 The Board of Game may, by regulation effective for not more than one year, 23 eliminate the resident brown or grizzly bear tag and fee for all or a portion of 24 a game management unit. 25 (B) Musk oxen, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 26 However, the Board of Game may by regulation reduce or eliminate the fee for 27 a resident big game tag for musk oxen for an open season. 28 (17) Waterfowl conservation tag. . . . . . . . . . . . . . . . . . . . . . .$ 5 29 (A) A person may not engage in waterfowl hunting without 30 having the current year's waterfowl tag in the person's actual possession, 31 unless that person
01 (i) qualifies for a $5 license fee under (6) of this 02 subsection; 03 (ii) is a resident under the age of 16; 04 (iii) is 60 years of age or older and is a resident; 05 (iv) is a disabled veteran eligible for a free license under 06 AS 16.05.341. 07 (B) The Board of Game shall by regulation exempt the 08 requirement of a waterfowl conservation tag for waterfowl hunting in areas of 09 the state not likely to benefit from programs described in AS 16.05.130(b)(2) - 10 (4). 11 (18) Game farming 12 (A) Game mammal or game reptile farming biennial license 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250 14 (B) Game bird farming biennial license . . . . . . . . . . . . . . . . . . .50 15 (19) Nonresident small game hunting license . . . . . . . . . . . . . . . . .20 16 (20) Nonresident alien hunting license . . . . . . . . . . . . . . . . . . . 300 17 A nonresident alien may not take a big game animal without previously purchasing a 18 numbered, nontransferable, appropriate tag, issued under (21) of this subsection. The 19 tag must be affixed to the animal immediately upon capture and must remain affixed 20 until the animal is prepared for storage, consumed, or exported. A tag issued but not 21 used for an animal may be used to satisfy the tagging requirement for an animal of any 22 other species for which the tag fee is of equal or less value. 23 (21) Nonresident alien big game tags 24 (A) Bear, black, each . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300 25 (B) Bear, brown or grizzly, each . . . . . . . . . . . . . . . . . . . . . .650 26 (C) Bison, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .650 27 (D) Caribou, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .425 28 (E) Deer, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .200 29 (F) Elk, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .400 30 (G) Goat, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .400 31 (H) Moose, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .500
01 (I) Musk oxen, each . . . . . . . . . . . . . . . . . . . . . . . . . . . .1,500 02 (J) Sheep, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .550 03 (K) Wolf, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .250 04 (L) Wolverine, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . .250 05 (22) Chitina personal use salmon dip net fishing permit . . . . . . . . . . . 10 06 (23) Resident anadromous king salmon tag . . . . . . . . . . . . . . . . . . . 10 07 A resident may not engage in sport fishing for anadromous king salmon without 08 having the current year's anadromous king salmon tag in the resident's actual 09 possession, unless that person 10 (A) qualifies for a 25 cent license fee under (1) of this 11 subsection; 12 (B) is under the age of 16; 13 (C) is 60 years of age or older and has been a resident of the 14 state for at least one year; 15 (D) is a disabled veteran eligible for a free license under 16 AS 16.05.341; or 17 (E) qualifies for a $5 license fee under (6) of this subsection. 18 (24) Nonresident anadromous king salmon tag - valid for the period 19 inscribed on the tag 20 (A) for a one-day tag . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10 21 (B) for a three-day tag . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22 (C) for a 14-day or annual tag . . . . . . . . . . . . . . . . . . . . . . .35. 23 A nonresident may not engage in sport fishing for anadromous king salmon 24 without having a valid anadromous king salmon tag in the person's actual 25 possession, unless that person is under the age of 16. However, members of the 26 military service on active duty who are permanently stationed in the state, and 27 their dependents, who do not qualify as residents under AS 16.05.940, may 28 obtain an annual nonresident military anadromous king salmon tag for $20. 29 * Sec. 17. AS 16.05.350 is amended to read: 30 Sec. 16.05.350. EXPIRATION OF LICENSES, PERMITS, AND TAGS. (a) 31 Licenses, permits, and tags required under AS 16.05.330 - 16.05.430, except biennial
01 licenses, triennial licenses, the nonresident special sport fishing license, the resident 02 trapping license, the one, three, or 14-day nonresident anadromous king salmon tag, 03 and the waterfowl conservation tag, expire at the close of December 31 following 04 issuance. 05 (b) Biennial licenses expire after December 31 of the year following the year 06 of issuance. 07 (c) Triennial licenses expire after December 31 of the second year 08 following the year of issuance. 09 (d) The resident trapping license expires at the close of September 30 of the 10 year following the year in which the license is issued. 11 (e) The waterfowl conservation tag expires at the close of January 31 of the 12 year following the year of issue of the tag. 13 * Sec. 18. AS 16.05.380 is amended to read: 14 Sec. 16.05.380. COMMISSIONER MAY APPOINT AGENTS. The 15 commissioner may appoint state employees or other persons to take applications, issue 16 licenses, permits, and tags, and collect fees. The commissioner is not liable for 17 defalcation or failure to account for the fees collected by any person so appointed, but 18 the commissioner shall require a bond in an adequate sum, conditioned upon faithfully 19 accounting for all money collected. However, the commissioner may waive the bond 20 requirements of an instrumentality of the United States or its agents and employees [,] 21 when the instrumentality or its agents or employees sell licenses, permits, or tags 22 primarily to persons in the armed forces. Each person, upon appointment by the 23 commissioner, may administer oaths on applications for licenses, permits, and tags. 24 * Sec. 19. AS 16.05.390(a) is amended to read: 25 (a) Except as provided in (e) of this section, an agent appointed by the 26 commissioner under AS 16.05.380 to sell licenses, permits, and tags is entitled to 27 (1) retain five percent of the fee that is charged for a license, permit, 28 or tag or 25 cents for each license, permit, or tag sold, whichever is greater; and 29 (2) compensation of $50 per year or $1 for each license, permit, or tag 30 sold during the year, whichever is greater. 31 * Sec. 20. AS 16.05.390(b) is amended to read:
01 (b) Each agent appointed to sell licenses, permits, or tags under AS 16.05.380 02 shall, as directed by the commissioner, transmit the proceeds from the sales of licenses, 03 permits, and tags, except the amount authorized to be retained under (a)(1) of this 04 section, together with a report of the sales, to the commissioner for deposit in the fish 05 and game fund or the general fund. 06 * Sec. 21. AS 16.05.390(c) is amended to read: 07 (c) On March 31, June 30, September 30, and December 31 of each year, the 08 commissioner shall calculate the compensation earned by an agent under (a)(2) of this 09 section, minus the penalties assessed under (g) of this section. If the compensation due 10 exceeds $50, the commissioner shall pay the compensation not later than 30 days after 11 the date for which the compensation was calculated. If the compensation due is $50 12 or less, the commissioner shall pay the compensation not later than January 30 of the 13 year following the year in which the compensation was earned. The commissioner 14 shall pay compensation only for sales of licenses, permits, or tags for which the 15 commissioner has received the report and proceeds required to be transmitted under 16 (b) of this section. 17 * Sec. 22. AS 16.05.390(e) is amended to read: 18 (e) The provisions of (a) of this section do not apply to a state employee 19 appointed by the commissioner under AS 16.05.380 to sell licenses, permits, and tags. 20 * Sec. 23. AS 16.05.390(f) is amended to read: 21 (f) Proceeds and reports under (b) of this section shall be transmitted to the 22 commissioner by the last day of the month following the month in which the licenses, 23 permits, and tags are sold, unless an alternative reporting schedule has been 24 established by contract. 25 * Sec. 24. AS 16.05.405(c) is amended to read: 26 (c) Notwithstanding AS 16.05.420(c), a resident holding a valid noncommercial 27 fishing license may take fish on behalf of a person who is blind, a person with 28 physical disabilities, or a person who is 65 years of age or older if the resident 29 possesses on the resident's person 30 (1) a document signed by the person on whose behalf the fish is taken, 31 stating that the resident possesses the person's sport fishing license, subsistence fishing
01 permit, personal use fishing permit, or permanent identification card in order to take 02 fish on behalf of that person; [AND] 03 (2) the person's 04 (A) resident sport fishing license issued under AS 16.05.403 or 05 permanent identification card issued under AS 16.05.400(b); 06 (B) resident subsistence fishing permit issued under 07 AS 16.05.403; or 08 (C) resident personal use fishing permit issued under 09 AS 16.05.403; and 10 (3) all other documents issued to the person that are required by 11 law as a condition of taking the fish being pursued. 12 * Sec. 25. AS 16.05.405(e) is amended to read: 13 (e) A resident who takes, or attempts to take, fish or game on behalf of a 14 person under this section may also simultaneously engage in fishing or hunting for the 15 resident's use; however, the resident may not take or attempt to take fish or game by 16 proxy for more than one person at a time. For the purposes of this subsection, a 17 resident is engaged in taking, or attempting to take, fish or game by proxy while the 18 resident has possession of 19 (1) another person's 20 (A) license, permit, or identification card and all other 21 documents issued to the person that are required by law as a condition of 22 taking the fish or game being pursued; and 23 (B) [AND THE OTHER PERSON'S] signed document under 24 (b)(1) or (c)(1) of this section; or 25 (2) fish or game taken on behalf of another person. 26 * Sec. 26. AS 16.05.405(f) is amended to read: 27 (f) A resident who takes fish or game on behalf of another person under this 28 section shall 29 (1) complete reports relating to the taking of the fish or game as 30 required by the commissioner of fish and game under AS 16.05.370; 31 (2) deliver all parts of fish and game removed from the field to the
01 person on whose behalf the fish or game was taken within a reasonable time after the 02 fish or game is taken; and 03 (3) until the fish or game is delivered to the person on whose behalf 04 the fish or game was taken, retain the person's 05 (A) license or permit and all other documents issued to the 06 person that are required by law as a condition of taking the fish or game; 07 and 08 (B) [THE] signed document required under (b)(1) or (c)(1) of 09 this section [OF THE PERSON ON WHOSE BEHALF THE FISH OR GAME 10 IS TAKEN UNTIL THE FISH OR GAME IS DELIVERED TO THAT 11 PERSON]. 12 * Sec. 27. AS 16.05.420(b) is amended to read: 13 (b) Except as provided in AS 16.05.407(b) and 16.05.408(b) 14 [AS 16.05.408(b)], a person who knowingly makes a false statement, or knowingly 15 omits a material fact, in an application for a license, tag, or permit issued under 16 AS 16.05.330 - 16.05.430 is guilty of unsworn falsification under AS 11.56.210. 17 * Sec. 28. AS 16.10.010 is amended to read: 18 Sec. 16.10.010. INTERFERENCE WITH SALMON SPAWNING STREAMS 19 AND WATERS. (a) A person may not, without first applying for and obtaining 20 a permit or license from the Department of Environmental Conservation, 21 (1) obstruct, divert, or pollute waters of the state, either fresh or salt, 22 utilized by salmon in the propagation of the species, by felling trees or timber in those 23 waters, casting, passing, throwing, or dumping tree limbs or foliage, underbrush, 24 stumps, rubbish, earth, stones, rock, or other debris, or passing or dumping sawdust, 25 planer shavings, or other waste or refuse of any kind in those waters; 26 (2) erect a dam, barricade, or obstruction to retard, conserve, impound, 27 or divert the waters described in (1) of this subsection [SECTION] to prevent, retard, 28 or interfere with the free ingress or egress of salmon into those waters in the natural 29 spawning or propagation process; 30 (3) render the waters described in (1) of this subsection [SECTION] 31 inaccessible or uninhabitable for salmon for spawning or propagation.
01 (b) The [WITHOUT FIRST APPLYING FOR AND OBTAINING A PERMIT 02 OR LICENSE FROM THE DEPARTMENT OF ENVIRONMENTAL 03 CONSERVATION; THE] application for the permit or license referred to in (a) of 04 this section must set out the name and style of the person or concern, describe the 05 waters and location, and state in particular the plans, purpose, and intention for which 06 the application is made. 07 * Sec. 29. AS 18.55.230 is amended to read: 08 Sec. 18.55.230. EXEMPTION OF REAL PROPERTY OF CORPORATION 09 FROM EXECUTION OR OTHER PROCESS. In conjunction with the exercise of a 10 power authorized by AS 18.55.100 - 18.55.290, the real property of the corporation is 11 exempt from levy and sale by execution. Execution or other judicial process may not 12 issue against it and judgment against the corporation may not be a charge or lien upon 13 its real property. However, this section does not limit the right of an obligee to 14 foreclose or otherwise enforce a mortgage of the corporation [AUTHORITY] or to 15 pursue any remedy for the enforcement of a pledge or lien given by the corporation 16 under AS 18.55.100 - 18.55.290 on its rents, fees, or revenues. 17 * Sec. 30. AS 18.55.580(b) is amended to read: 18 (b) The corporation may, by resolution, trust, indenture, mortgage, lease, or 19 other contract confer upon an obligee holding or representing a specified amount in 20 bonds, the right, in addition to all rights that may be conferred, upon the happening 21 of an event of default as defined in the resolution or instrument, by an action or 22 proceeding in a competent court 23 (1) to have possession of a redevelopment project or part of one, title 24 to which is in the corporation, surrendered to the obligee; 25 (2) to obtain the appointment of a receiver of a redevelopment project 26 or part of a project, title to which is in the corporation, and of the rents and profits 27 from the project or part, and, if a receiver is appointed, the receiver may enter and take 28 possession of, carry out, operate, and maintain the project or a part of the project and 29 may collect and receive all fees, rents, revenue, or other charges thereafter arising from 30 the project or part, and shall keep this money in a separate account and apply it in 31 accordance with the obligations of the corporation [AUTHORITY] as the court
01 directs; and 02 (3) to require the corporation, the members of its board of directors, 03 officers, agents, and employees to account as if it and they were the trustees of an 04 express trust. 05 * Sec. 31. AS 18.56.096(a) is amended to read: 06 (a) The corporation may not make, participate in the making of, purchase, or 07 participate in the purchase of 08 (1) a first mortgage loan under this chapter for a duplex, triplex, or 09 four-plex that exceeds the limitations on first mortgage loans for similar housing 10 purchased by the Federal National Mortgage Association as to principal amount and 11 loan-to-value ratio; 12 (2) a second mortgage loan for a duplex, triplex, or four-plex the 13 amount of which, when combined with the principal balance of a first mortgage loan 14 on the property, exceeds the limitation on the amount set out in (1) of this subsection 15 or that has a loan-to-value ratio, when considered with the principal balance of the first 16 mortgage loan, that exceeds 90 percent; 17 (3) a mortgage loan to finance the purchase of new housing or for the 18 improvement or rehabilitation of existing housing, unless the construction, 19 improvement, or rehabilitation work has been performed by a contractor who is 20 registered to work as a contractor under AS 08.18; this paragraph does not apply if the 21 construction, improvement, or rehabilitation work 22 (A) has been totally or substantially performed by the borrower; 23 (B) has been performed by a borrower who acts as the 24 contractor for the construction, improvement, or rehabilitation work; or 25 (C) has been performed in an area designated by the corporation 26 as exempt from the requirements of this paragraph because of the unavailability 27 of registered contractors in that area; 28 (4) a first mortgage loan for a single-family residence that exceeds the 29 limitations on first mortgage loans for similar housing purchased by the Federal 30 National Mortgage Association as to principal amount by more than 10 percent, or has 31 a loan-to-value ratio that exceeds 95 percent, or a second mortgage loan for a single-
01 family residence, the amount of which, when combined with the principal balance of a first 02 mortgage loan on the property, exceeds the limitations on loans for similar housing purchased 03 by the Federal National Mortgage Association as to principal amount by more than 10 percent, 04 or has a loan-to-value ratio, when considered with the principal balance of the first mortgage 05 loan, that exceeds 90 percent; 06 (5) a first or second mortgage loan for rental housing unless the 07 borrower agrees not to discriminate against tenants or prospective tenants because of 08 sex, marital status, changes in marital status, pregnancy, parenthood, race, religion, 09 color, national origin, or status as a student; 10 (6) a first mortgage loan if the borrower has an outstanding first 11 mortgage housing loan under this chapter or an outstanding first mortgage loan for 12 owner-occupied housing under former provisions of AS 44.47; or 13 (7) a loan to a person who has a past due child support obligation 14 established by court order or by the child support enforcement division under 15 AS 25.27.160 - 25.27.220 at the time of application. 16 * Sec. 32. AS 21.18.110(b)(1) is amended to read: 17 (1) Except as otherwise provided in (c) of this section and (6) of this 18 subsection, the minimum standard for the valuation of all these policies and contracts 19 shall be the commissioner's reserve [RESERVES] valuation methods defined in (2), 20 (5) and (8) of this subsection, three and one-half percent interest, or in the case of 21 policies and contracts, other than annuity and pure endowment contracts, issued on or 22 after July 1, 1978, five and one-half percent interest for single premium life insurance 23 policies and four and one-half percent interest for all other policies, and the following 24 tables: 25 (A) for all ordinary policies of life insurance issued on the 26 standard basis, excluding disability and accidental death benefits in the policies 27 - the Commissioner's 1958 Standard Ordinary Mortality Table, for policies 28 issued before the operative date of AS 21.45.300(w), of the Standard 29 Nonforfeiture Law for Life Insurance as amended, except that for a category 30 of policies issued on female risks, all modified net premiums and present 31 values, referred to in (2) of this subsection may be calculated according to an
01 age not more than six years younger than the actual age of the insured; and for 02 policies issued on or after the operative date of AS 21.45.300(w) of the 03 Standard Nonforfeiture Law for Life Insurance as amended 04 (i) the Commissioner's 1980 Standard Ordinary 05 Mortality Table, or 06 (ii) at the election of the insurer for any one or more 07 specified plans of life insurance, the Commissioner's 1980 Standard 08 Ordinary Mortality Table with 10-year Select Mortality Factors, or 09 (iii) any ordinary mortality table, adopted after 1980 by 10 the National Association of Insurance Commissioners, that is approved 11 by regulation promulgated by the director for use in determining the 12 minimum standard of valuation for the policies; 13 (B) for all industrial life insurance policies issued on the 14 standard basis, excluding disability and accidental death benefits in the policies 15 - the 1941 Standard Industrial Mortality Table for the policies issued before the 16 operative date of AS 21.45.300(l), of the Standard Nonforfeiture Law for Life 17 Insurance as amended, and for the policies issued on or after the effective date 18 of AS 21.45.300(l) the Commissioner's 1961 Standard Industrial Mortality 19 Table or any industrial mortality table, adopted after 1980 by the National 20 Association of Insurance Commissioners that is approved by regulation 21 promulgated by the director for use in determining the minimum standard of 22 valuation for such policies; 23 (C) for individual annuity and pure endowment contracts, 24 excluding disability and accidental death benefits in the policies - the 1937 25 Standard Annuity Mortality Table, or, at the option of the insurer, the Annuity 26 Mortality Table for 1949, ultimate, or any modification of either of these tables 27 approved by the director; 28 (D) for group annuity and pure endowment contracts, excluding 29 disability and accidental death benefits in the policies - the Group Annuity 30 Mortality Table for 1951, any modification of the table approved by the 31 director, or, at the option of the insurer, any of the tables or modification of
01 tables specified for individual annuity and pure endowment contracts; 02 (E) for total and permanent disability benefits in or 03 supplementary to ordinary policies or contracts the tables of period 2 04 disablement rates and the 1930 to 1950 termination rates of the 1952 disability 05 study of the society of actuaries, with due regard to the type of benefit or any 06 table of disablement and termination rates adopted after 1980 by the National 07 Association of Insurance Commissioners that are approved by regulation 08 adopted by the director for use in determining the minimum standard of 09 valuation for the policies; the table shall, for active lives, be combined with a 10 mortality table permitted for calculating the reserves for life insurance policies; 11 (F) for accidental death benefits in or supplementary to policies 12 - the 1959 Accidental Death Benefits Table or any accidental death benefits 13 table adopted after 1980 by the National Association of Insurance 14 Commissioners that is approved by regulation adopted by the director for use 15 in determining the minimum standard of valuation for the policies combined 16 with a mortality table permitted for calculating the reserves for life insurance 17 policies; 18 (G) for group life insurance, life insurance issued on the 19 substandard basis and other special benefits - tables approved by the director. 20 * Sec. 33. AS 21.36.095(e) is amended to read: 21 (e) In this section, "insurer" includes 22 (1) an insurer, as defined in AS 21.90.900; 23 (2) a group health plan, as defined in 29 U.S.C. 1167(l) (Employee 24 Retirement Income Security Act of 1974); 25 (3) a health maintenance organization, as defined in AS 21.86.900; 26 (4) a hospital service corporation or medical service corporation, as 27 defined in AS 21.87.330; 28 (5) a writing carrier, as defined in AS 21.55.500; and 29 (6) an entity offering a service benefit plan, as referred to in 42 U.S.C. 30 1396g-1 [42 U.S.C. 1396g]. 31 * Sec. 34. AS 23.30.025(a) is amended to read:
01 (a) An insurer may not enter into or issue a policy of insurance under this 02 chapter until its policy form has been submitted to and approved by the director of 03 the division of insurance [COMMISSIONER]. The director of the division of 04 insurance [COMMISSIONER] may not approve the policy form of an insurance 05 company until the company files with it the certificate of the director of the division 06 [COMMISSIONER] of insurance showing that the company is authorized to transact 07 the business of workers' compensation insurance in the state. The filing of a policy 08 form by an insurance company with the board for approval constitutes, on the part of 09 the company, a conclusive and unqualified acceptance of the provisions of this chapter, 10 and an agreement by it to be bound by them. 11 * Sec. 35. AS 23.30.030(7) is amended to read: 12 (7) If the insurer fails or refuses to pay a final award or judgment 13 (except during the pendency of an appeal) made against it, or its insured, or if it fails 14 or refuses to comply with a provision of this chapter, the director of the division of 15 insurance [COMMISSIONER] shall revoke the approval of the policy form, and may 16 not accept further proofs of insurance from it until it has paid the award or judgment 17 or has complied with the violated provision of this chapter, and has resubmitted its 18 policy form and received the approval of the form by the director of the division of 19 insurance [COMMISSIONER]. 20 * Sec. 36. AS 29.06.040(c) is amended to read: 21 (c) In addition to the regulations governing annexation by local action adopted 22 under AS 44.47.567, the Local Boundary Commission shall establish procedures for 23 annexation and detachment of territory by municipalities by local action. The 24 procedures established under this subsection must include a provision that 25 (1) a proposed annexation and detachment must be approved by a 26 majority of votes on the question cast by voters residing in the area proposed to be 27 annexed or detached; 28 (2) municipally owned property adjoining the municipality may be 29 annexed by ordinance without voter approval; and 30 (3) an area adjoining the municipality may be annexed by ordinance 31 without an election if all property owners and voters in the area petition the governing
01 body. 02 * Sec. 37. AS 33.16.230 is amended to read: 03 Sec. 33.16.230. WAIVER OF HEARING. A prisoner or parolee may waive 04 the right to a hearing provided under AS 33.16.130 [AS 33.16.120], 33.16.160, or 05 33.16.220 by submitting a written waiver to the board. 06 * Sec. 38. AS 33.30.028(a) is amended to read: 07 (a) Notwithstanding any other provision of law, the liability for payment of the 08 costs of medical, psychological, and psychiatric care provided or made available to a 09 prisoner committed to the custody of the commissioner is, subject to (b) of this section, 10 the responsibility of the prisoner and the 11 (1) prisoner's insurer if the prisoner is insured under existing individual 12 health insurance, group health insurance, or any prepaid medical coverage; 13 (2) Department of Health and Social Services if the prisoner is eligible 14 for assistance under AS 47.07 or AS 47.25.120 - 47.25.300 [AS 47.25.120 - 15 47.25.310]; 16 (3) United States Department of Veterans Affairs if the prisoner is 17 eligible for veterans' benefits that entitle the prisoner to reimbursement for the medical 18 care or medical services; 19 (4) United States Public Health Service, the Indian Health Service, or 20 any affiliated group or agency if the prisoner is a Native American and is entitled to 21 medical care from those agencies or groups; and 22 (5) parent or guardian of the prisoner if the prisoner is under the age 23 of 18. 24 * Sec. 39. AS 34.35.190 is amended to read: 25 Sec. 34.35.190. DUTY OF RECORDER. Upon the presentation of the notice 26 to the recorder, the recorder shall record the notice and index it in a book or 27 computer-readable medium kept for that purpose and called "Index of Liens upon 28 Chattels." The recorder is entitled to charge and receive from the person recording the 29 notice of lien a fee provided for recording and indexing chattel mortgages. 30 * Sec. 40. AS 34.35.410(a) is amended to read: 31 (a) The recorder shall record the lien claim in a record book or computer-
01 readable medium kept for that purpose. The record book shall be indexed. 02 * Sec. 41. AS 34.35.440(c) is amended to read: 03 (c) The lien notice shall be indexed in a book or computer-readable medium 04 kept for that purpose. 05 * Sec. 42. AS 38.05.180(d) is amended to read: 06 (d) The commissioner may issue oil and gas leases in an area that has not been 07 included in a leasing program prepared [SUBMITTED,] in accordance with (b) of this 08 section [, TO THE LEGISLATURE] if the land to be leased 09 (1) was previously subject to a valid state or federal oil and gas lease; 10 (2) is contiguous to land already under state, federal, or private lease, 11 and the commissioner makes a written finding, after hearing, that leasing of the land 12 would result in a substantial probability of early evaluation and development of the 13 land to be leased; 14 (3) is adjacent to land owned or controlled by another party on which 15 a discovery of commercial quantities of oil or gas has been made, and the 16 commissioner finds, after hearing, that there is a reasonable probability that the land 17 to be leased contains oil or gas in communication with the oil or gas discovered on the 18 land of the other party; 19 (4) is adjacent to land included in the federal five-year Outer 20 Continental Shelf leasing program under 43 U.S.C. 1344, and the commissioner makes 21 a written finding, after hearing, that coordinated or simultaneous leasing with the 22 federal government is in the public interest; or 23 (5) is the subject of an oil and gas exploration license issued under 24 AS 38.05.131 - 38.05.134. 25 * Sec. 43. AS 39.25.120(c)(9)(J) is amended to read: 26 (J) Alaska [OLDER ALASKANS] Commission on Aging; 27 * Sec. 44. AS 39.27.012 is amended to read: 28 Sec. 39.27.012. TEMPORARY SALARY SCHEDULES. The director of the 29 division of personnel may establish salary schedules providing lesser amounts than 30 those in the basic salary schedule in order to meet salary limit requirements for receipt 31 and expenditure of federal funds. Salary rates established under authority of this
01 section do not affect the salaries of employees provided for by a collective bargaining 02 agreement negotiated under the authority of AS 23.40.070 - 23.40.260 (Public 03 Employment Relations Act). 04 * Sec. 45. AS 39.27.020(c) is amended to read: 05 (c) The director of the division of personnel shall establish salary differentials 06 for positions in foreign countries. The differentials shall be adjusted annually, 07 effective July 1, to maintain equitable relationships between salaries for positions in 08 foreign countries and salaries for positions in Alaska. 09 * Sec. 46. AS 41.21.960(d) is amended to read: 10 (d) When bail has been forfeited under this section, a judgment of conviction 11 shall be entered. Forfeiture [BAIL FORFEITED] under this section of bail and [THE 12 FORFEITURE OF] items seized from the offender is a complete satisfaction for the 13 offense, and the clerk of the court shall provide the offender with a receipt stating that 14 fact if requested. 15 * Sec. 47. AS 46.04.080(a) is amended to read: 16 (a) The commissioner of environmental conservation or the adjutant general 17 of the Department of Military and Veterans' Affairs [COMMISSIONER OF 18 MILITARY AND VETERANS' AFFAIRS] may request the governor to determine that 19 an actual or imminent occurrence of a catastrophic oil discharge constitutes a disaster 20 emergency under AS 26.23. The commissioner of environmental conservation and the 21 adjutant general of the Department of Military and Veterans' Affairs 22 [COMMISSIONER OF MILITARY AND VETERANS' AFFAIRS] shall respond 23 appropriately in the relief of the actual or imminent discharge under the relevant 24 provisions of the applicable incident command system. 25 * Sec. 48. AS 46.09.030 is amended to read: 26 Sec. 46.09.030. DISASTER EMERGENCIES. The commissioner of 27 environmental conservation or the adjutant general of the Department of Military 28 and Veterans' Affairs [COMMISSIONER OF MILITARY AND VETERANS' 29 AFFAIRS] may request the governor to determine that an actual or imminent release 30 of a hazardous substance constitutes a disaster emergency under AS 26.23. The 31 commissioner of environmental conservation and the adjutant general of the
01 Department of Military and Veterans' Affairs [COMMISSIONER OF MILITARY 02 AND VETERANS' AFFAIRS] shall respond appropriately in the relief of the actual 03 or imminent release under the relevant provisions of the applicable incident command 04 system. 05 * Sec. 49. AS 46.35.070(e) is amended to read: 06 (e) Each state agency having jurisdiction to approve or deny an application for 07 a permit shall have the power vested in it by law [BEFORE OCTOBER 1, 1977] to 08 make such determinations. Nothing in AS 46.35.030 - 46.35.070 lessens or reduces 09 these powers, and AS 46.35.030 - 46.35.070 modify only the procedures to be 10 followed in the carrying out of the powers. 11 * Sec. 50. AS 47.10.092(a) is amended to read: 12 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian 13 of a minor subject to a proceeding under AS 47.10.010 - 47.10.142 may disclose 14 confidential or privileged information about the minor, including information that has 15 been lawfully obtained from agency or court files, to the governor, the lieutenant 16 governor, a legislator, the ombudsman appointed under AS 24.55, the attorney general, 17 and the commissioners of health and social services, administration, or public safety, 18 or an employee of these persons, for review or use in their official capacities. A 19 person to whom disclosure is made under this section may not disclose confidential 20 or privileged information about the minor to a person not authorized to receive it. 21 * Sec. 51. AS 47.10.460(a) is amended to read: 22 (a) Notwithstanding AS 47.10.090 and 47.10.093, at the request of a local 23 panel, the department, the child's guardian ad litem, and the court shall furnish to the 24 local panel relevant records concerning a child and the child's family who are the 25 subjects of a local panel review. At the conclusion of a review, all copies of records 26 provided to a local panel under this section shall be returned to the staff that serves 27 the local panel or to the agency from which the original copy was obtained unless the 28 panel members need the copies to prepare the reports required under AS 47.10.440(g) - 29 (i). Copies retained for preparation of the reports shall be returned to the staff that 30 serves the local panel or to the originating agency upon completion of the reports. 31 Notwithstanding AS 44.62.310, records and reports of the local panel, testimony before
01 the local panel, and deliberations of the local panel are confidential under 02 AS 47.10.093 [AS 47.10.090]. 03 * Sec. 52. AS 47.10.990 is amended by adding a new paragraph to read: 04 (13) "commissioner" means the commissioner of health and social 05 services. 06 * Sec. 53. AS 12.36.090(3); AS 19.22.030(l); AS 19.25.160(l); AS 19.27.110(2); 07 AS 19.30.241(l), 19.30.241(3), 19.30.320(2); AS 19.40.290(l); AS 23.30.265(18); 08 AS 30.13.140; and AS 46.03.900(3) are repealed. 09 * Sec. 54. APPLICABILITY OF SEC. 5. References to prior convictions in 10 AS 11.46.484(c), as amended by sec. 5 of this Act, refer to convictions occurring before, on, 11 or after the effective date of this Act. 12 * Sec. 55. RELATION TO OTHER LEGISLATION. If any provision of this Act 13 irreconcilably conflicts with a provision of another Act that (1) is passed by the Second 14 Session of the Nineteenth Alaska State Legislature and is enacted into law, and (2) takes effect 15 on or before the effective date of this Act, the provision of the other Act controls, 16 notwithstanding the effective dates. 17 * Sec. 56. This Act takes effect immediately under AS 01.10.070(c).