SB 82: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00 SENATE BILL NO. 82 01 "An Act making corrective amendments to the Alaska Statutes as recommended by the 02 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 06.05.005(a)(3) is amended to read: 05 (3) review and approve or disapprove applications for new state banks 06 under AS 06.05.344 [AS 06.05.345], new bank branches under AS 06.05.399, and 07 international or interstate branch banks under AS 06.05.555; 08 * Sec. 2. AS 13.06.050(29) is amended to read: 09 (29) "minor" means a person who is under 18  years of age; 10 * Sec. 3. AS 16.05.930(g) is amended to read: 11 (g) AS 16.05.330 - 16.05.723 [AS 16.05.440 - 16.05.723] do not apply to an 12 activity authorized by a permit issued under AS 16.40.100 or 16.40.120, or to a person 13 or vessel employed in an activity authorized by a permit issued under AS 16.40.100 or 14 16.40.120.
01 * Sec. 4. AS 21.27.560(a) is amended to read: 02 (a) A client who appoints an insurance producer as its broker in this state or 03 relative to a subject resident, located, or to be performed in this state shall execute a 04 written contract that specifically sets out the duties, functions, powers, authority, and 05 compensation of the insurance producer, if the broker is compensated by a fee paid by 06 the client or by a combination of a fee paid by a client and a commission paid by an 07 insurer with which coverage has been placed. The written contract shall be kept in the 08 permanent records of the insurance producer and be open to inspection by the director. 09 * Sec. 5. AS 21.42.500 is amended to read: 10 Sec. 21.42.500. Definitions. In AS 21.42.345 - 21.42.500 [AS 21.42.345 - 11 21.42.395], 12 (1) "copayment" means the portion of medical care expenses in excess 13 of the deductible to be paid by a covered individual; 14 (2) "deductible" means the portion of medical care expenses for which 15 a covered individual must pay before benefits become payable; 16 (3) "excepted benefits" has the meaning given in AS 21.54.160; 17 (4) "fraternal benefit society" has the meaning given in AS 21.84.900; 18 (5) "health care insurance plan" has the meaning given in 19 AS 21.54.500; 20 (6) "health care insurer" has the meaning given in AS 21.54.500; 21 (7) "placed for adoption" has the meaning given in AS 21.54.500. 22 * Sec. 6. AS 21.54.160(4)(A) is amended to read: 23 (A) Medicare supplemental policy [SUPPLEMENT HEALTH 24 INSURANCE] as defined in 42 U.S.C. 1395ss(g)(1) [42 U.S.C. 1345ss(g)(1)] 25 (Social Security Act); 26 * Sec. 7. AS 21.56.050(d)(3) is amended to read: 27 (3) subject to the approval of the director, the board shall make an 28 adjustment to the assessment formula for reinsuring carriers that are approved health 29 maintenance organizations that are federally qualified under 42 U.S.C. 300e [42 30 U.S.C. 300], to the extent, if any, that restrictions are imposed on those organizations 31 that are not imposed on other small employer insurers;
01 * Sec. 8. AS 23.40.215(c) is amended to read: 02 (c) Notwithstanding (b) of this section, the monetary terms of an agreement 03 entered into between a school district or regional educational attendance area and its 04 employees are not required to be submitted to [SUBJECT TO APPROVAL BY] the 05 legislature. 06 * Sec. 9. AS 24.45.041(b)(7) is amended to read: 07 (7) the identification of a legislator, legislative employee, or public 08 official to whom the lobbyist is married or who is the spousal equivalent of the 09 lobbyist; in this paragraph, "spousal equivalent" has the meaning given in 10 AS 39.50.200(a) [AS 39.50.030(g)]. 11 * Sec. 10. AS 38.04.900(c) is amended to read: 12 (c) If the regulations adopted by the commissioner under (a) of this section fail 13 to provide for a process by which decisions of the commission may be appealed, an 14 interested person may petition for reconsideration of a decision. The petition shall 15 contain the information required to be submitted by AS 44.62.220 and shall be acted 16 upon by the commissioner in the manner provided in AS 44.62.230. For purposes of 17 this subsection [SECTION], a municipality is an interested person with respect to its 18 interests in land defined in (b) of this section. 19 * Sec. 11. AS 38.05.810(i) is amended to read: 20 (i) Subject to AS 38.05.820, the commissioner may lease undeveloped state 21 land, including tideland, to a port authority established under AS 29.35.600 - 22 29.35.730, if the state land is within the physical boundaries of the authority and is 23 needed by the authority for purposes provided in AS 29.35.600 - 29.35.730. The 24 commissioner may lease developed state land, including tideland, to a port authority 25 established under AS 29.35.600 - 29.35.730 only if, (1) the developed state land is 26 within the physical boundaries of the authority; (2) the developed state land is needed 27 by the authority for purposes provided in AS 29.35.600 - 29.35.730; and (3) the 28 legislature approves the lease. A lease of state land under this subsection [SECTION] 29 may be for less than the appraised market value. 30 * Sec. 12. AS 38.05.821(a) is amended to read: 31 (a) Notwithstanding any other provision of law, a home rule or general law
01 municipality that [WHICH] accepts by conveyance or other disposition from the state 02 a public recreation area facility developed under the terms of P.L. 84-507, 70 Stat. 03 130 [P.L. 507 (70 STAT. 130)], upon application, shall receive by conveyance from 04 the director all land owned by the state seaward of the public recreation area facility 05 that [WHICH] is between the mean high tide line and the mean low tide line. The 06 director may adopt necessary regulations providing for the conveyance of land under 07 this section. 08 * Sec. 13. AS 38.20.060(a)(10) is amended to read: 09 (10) Zone 10 is a Lambert conformal conic projection of the Clarke 10 spheroid of 1866, having standard parallels at north latitude 51 degrees 50 minutes 11 [AS] and 53 degrees 50 minutes, along which parallels the scale shall be exact. The 12 origin of coordinates is at the intersection of the meridian 176 degrees 00 minutes west 13 of Greenwich and the parallel 51 degrees 00 minutes north latitude. This origin is 14 given the coordinates: x = 3,000,000 feet and y = 0 feet. 15 * Sec. 14. AS 38.20.060(b)(10) is amended to read: 16 (10) Zone 10 is a Lambert conformal conic projection of the World 17 Reference Ellipsoid, having standard parallels at north latitude 51 degrees 50 minutes 18 [AS] and 53 degrees 50 minutes, along which parallels the scale shall be exact. The 19 origin of coordinates is at the intersection of the meridian 176 degrees 00 minutes west 20 of Greenwich and the parallel 51 degrees 00 minutes north latitude. This origin is 21 given the coordinates: x = 1,000,000 meters and y = 0 meters. 22 * Sec. 15. AS 38.35.120(a)(1) is amended to read: 23 (1) it assumes the status of and will perform all of its functions 24 undertaken under the lease as a common carrier and will accept, convey, and transport 25 without discrimination crude oil or natural gas, depending on the kind of pipeline 26 involved, delivered to it for transportation from fields in the vicinity of the pipeline 27 subject to the lease throughout its route both on state land obtained under the lease and 28 on the other land; it will accept, convey, and transport crude oil or natural gas 29 without unjust or unreasonable discrimination in favor of one producer or 30 person, including itself, as against another but will take the crude oil or natural 31 gas, depending on the kind of pipeline involved, delivered or offered, without
01 unreasonable discrimination, that the Regulatory Commission of Alaska shall, 02 after a full hearing with due notice to the interested parties and a proper finding 03 of facts, determine to be reasonable in the performance of its duties as a common 04 carrier; however, a lessee that owns or operates a natural gas pipeline 05 (A) subject to regulation either under the Natural Gas Act (15 06 U.S.C. 717 et seq.) of the United States or by the state or political subdivisions 07 with respect to rates and charges for the sale of natural gas, is, to the extent of 08 that regulation, exempt from the common carrier requirement in this 09 paragraph; [IT WILL ACCEPT, CONVEY, AND TRANSPORT CRUDE OIL 10 OR NATURAL GAS WITHOUT UNJUST OR UNREASONABLE 11 DISCRIMINATION IN FAVOR OF ONE PRODUCER OR PERSON, 12 INCLUDING ITSELF, AS AGAINST ANOTHER BUT WILL TAKE THE 13 CRUDE OIL OR NATURAL GAS, DEPENDING ON THE KIND OF 14 PIPELINE INVOLVED, DELIVERED OR OFFERED, WITHOUT 15 UNREASONABLE DISCRIMINATION, THAT THE REGULATORY 16 COMMISSION OF ALASKA SHALL, AFTER A FULL HEARING WITH 17 DUE NOTICE TO THE INTERESTED PARTIES AND A PROPER 18 FINDING OF FACTS, DETERMINE TO BE REASONABLE IN THE 19 PERFORMANCE OF ITS DUTIES AS A COMMON CARRIER;] 20 (B) that is a North Slope natural gas pipeline (i) is required to 21 operate as a common carrier only with respect to the intrastate transportation of 22 North Slope natural gas, as that term is defined in AS 42.06.630, and (ii) is not 23 required to operate as a common carrier as to a liquefied natural gas facility or 24 a marine terminal facility associated with the pipeline, and is not otherwise 25 required to perform its functions under the lease as a common carrier; for 26 purposes of this subparagraph, "North Slope natural gas pipeline" means all the 27 facilities of a total system of pipe, whether owned or operated under a contract, 28 agreement, or lease, used by a carrier for transportation of North Slope natural 29 gas, as defined by AS 42.06.630, for delivery, for storage, or for further 30 transportation, and including all pipe, pump, or compressor stations, station 31 equipment, tanks, valves, access roads, bridges, airfields, terminals and
01 terminal facilities, including docks and tanker loading facilities, operations 02 control centers for both the upstream part of the pipeline and the terminal, 03 tanker ballast treatment facilities, fire protection system, communication 04 system, and all other facilities used or necessary for an integral line of pipe, 05 taken as a whole, to carry out transportation, including an extension or 06 enlargement of the line; 07 * Sec. 16. AS 38.95 is amended by adding a new section to article 3 to read: 08 Sec. 38.95.085. Definitions for AS 38.95.075 - 38.95.085. In AS 38.95.075 - 09 38.95.085, 10 (1) "commissioner" means the commissioner of natural resources; 11 (2) "director" means the director of the division of lands. 12 * Sec. 17. AS 40.15.050 is amended to read: 13 Sec. 40.15.050. Plats legalized. All plats filed or recorded with the recorder 14 before March 30, 1953, whether executed and acknowledged in accordance with this 15 chapter or not, are validated and all streets, alleys, or public thoroughfares shown on 16 these plats are considered to be dedicated to public use. The last plat of the area of 17 record on March 30, 1953, is the official plat of the area as of that date, and the streets, 18 alleys, or thoroughfares shown on it are considered to be dedicated to public use. The 19 streets, alleys, or thoroughfares shown on an earlier plat of the same area, or any part 20 of it, that are [WHICH IS] in conflict with those shown on the official plat are 21 considered to be abandoned and vacated. 22 * Sec. 18. AS 41.10.100(b) is amended to read: 23 (b) The board shall also 24 (1) receive and review reports concerning the use of soil resources of 25 the state; 26 (2) hold public hearings and meetings to determine whether land in the 27 state is being used in a manner consistent with sound soil and water conservation 28 practices; 29 (3) make recommendations for specific action necessary to provide for 30 the effective and orderly development of agricultural, forest, and grazing land in the 31 state;
01 (4) review an appeal by an applicant or lessee from a decision of the 02 director of the division of lands [LAND AND WATER MANAGEMENT] 03 concerning a sale or lease of state agricultural or grazing land and submit its 04 recommendations to the commissioner or hearing officer; 05 (5) act in an advisory capacity to the soil and water conservation 06 districts in the state; 07 (6) act in an advisory capacity to the commissioner and director of the 08 division of agriculture in the review of farm conservation plans for all state 09 agricultural land sales in the state. 10 * Sec. 19. AS 41.17.950(13) is amended to read: 11 (13) "riparian area" means 12 (A) the areas specified in AS 41.17.116(a) on private land in 13 the coastal forest of spruce or hemlock; 14 (B) the areas specified in regulations adopted by the 15 commissioner under AS 41.17.116(b) on private land outside the coastal forest 16 of spruce or hemlock; 17 (C) the area 100 feet from the shore or bank of [OR] an 18 anadromous or high value resident fish water body on state land managed by 19 the department and on other public land; 20 * Sec. 20. AS 43.40.100(4) is amended to read: 21 (4) "user" means a person consuming or using motor fuel, who 22 [EITHER] 23 (A) purchases the fuel out of the state and ships it into the state 24 for personal use in the state; 25 (B) manufactures the fuel in the state; or 26 (C) purchases or receives fuel in the state that is not taxed at 27 the time of purchase or receipt or is taxed at a rate that is less than the rate 28 prescribed by AS 43.40.010. 29 * Sec. 21. AS 44.85.320(a) is amended to read: 30 (a) A trustee appointed under AS 44.85.310 [THIS SECTION] may, and shall 31 in the trustee's name, upon written request of the holders of 25 percent [PER CENT]
01 in principal amount of the outstanding notes or bonds, 02 (1) by civil action enforce all rights of the noteholders or bondholders, 03 including the right to require the bond bank authority to collect rates, charges, and 04 other fees and to collect interest and amortization payments on municipal bonds and 05 notes held by it adequate to carry out an agreement as to, or pledge of, the rates, 06 charges, and other fees and of the interest and amortization payments, and to require 07 the bond bank authority to carry out any other agreements with the holders of the notes 08 or bonds and to perform its duties under this chapter; 09 (2) bring a civil action upon the notes or bonds; 10 (3) by civil action require the bond bank authority to account as if it 11 were the trustee of an express trust for the holders of the notes or bonds; 12 (4) by civil action enjoin anything that may be unlawful or in violation 13 of the rights of the holders of the notes or bonds; 14 (5) declare all the notes or bonds due and payable, and if all defaults 15 are made good, then with the consent of the holders of 25 percent [PER CENT] of the 16 principal amount of the outstanding notes or bonds, annul the declaration and its 17 consequences; 18 (6) [THE TRUSTEE,] in addition to the foregoing, excercise [HAS] 19 all the powers necessary for the exercise of functions specifically set out or incident to 20 the general representation of bondholders or noteholders in the enforcement and 21 protection of their rights. 22 * Sec. 22. AS 08.20.180(b); AS 14.43.310(b)(2); AS 18.65.250; AS 39.50.200(b)(17); 23 AS 44.19.110, 44.19.112, 44.19.114, 44.19.116, 44.19.118, 44.19.120, and 44.19.122 are 24 repealed. 25 * Sec. 23. This Act takes effect immediately under AS 01.10.070(c).