Enrolled HB 447: Making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date.
00Enrolled HB 447 01 Making corrective amendments to the Alaska Statutes as recommended by the revisor of 02 statutes; and providing for an effective date. 03 _______________ 04 * Section 1. AS 09.45.230(d) is amended to read: 05 (d) The provisions of (b) of this section remain in effect only as long as both 06 of the following are satisfied: 07 (1) AS 46.03.900 defines "pollution" as including the contamination or 08 altering of waters, land, or subsurface land of the state in a manner that creates a 09 nuisance; and 10 (2) AS 46.14.990 defines "emission" as the release of one or more air 11 pollutants [CONTAMINANTS] to the atmosphere. 12 * Sec. 2. AS 09.65.235 is amended to read: 13 Sec. 09.65.235. Immunity for negotiated regulation making committee 14 and its members. A civil action for damages or costs may not be brought against a
01 negotiated regulation making committee established under AS 44.62.710 - 44.62.800 02 or any of its members for an act or omission occurring in the course and scope of the 03 official duties of the committee under AS 44.62.710 - 44.62.800 [THIS CHAPTER]. 04 * Sec. 3. AS 11.61.195(a) is amended to read: 05 (a) A person commits the crime of misconduct involving weapons in the 06 second degree if the person knowingly 07 (1) possesses a firearm during the commission of an offense under 08 AS 11.71.010 - 11.71.040; 09 (2) violates AS 11.61.200(a)(1) and is within the grounds of or on a 10 parking lot immediately adjacent to 11 (A) a public or private preschool, elementary, junior high, or 12 secondary school without the permission of the chief administrative officer of 13 the school or district or the designee of the chief administrative officer; or 14 (B) a center, other than a private residence, licensed under 15 [AS 14.37,] AS 47.33 [,] or AS 47.35 or recognized by the federal government 16 for the care of children; or 17 (3) discharges a firearm at or in the direction of 18 (A) a building with reckless disregard for a risk of physical 19 injury to a person; or 20 (B) a dwelling. 21 * Sec. 4. AS 11.61.220(a) is amended to read: 22 (a) A person commits the crime of misconduct involving weapons in the fifth 23 degree if the person 24 (1) is 21 years of age or older and knowingly possesses a deadly 25 weapon, other than an ordinary pocket knife or a defensive weapon, 26 (A) that is concealed on the person, and, when contacted by a 27 peace officer, the person fails to 28 (i) immediately inform the peace officer of that 29 possession; or 30 (ii) allow the peace officer to secure the deadly weapon, 31 or fails to secure the weapon at the direction of the peace officer,
01 during the duration of the contact; 02 (B) that is concealed on the person within the residence of 03 another person unless the person has first obtained the express permission of 04 an adult residing there to bring a concealed deadly weapon within the 05 residence; 06 (2) knowingly possesses a loaded firearm on the person in any place 07 where intoxicating liquor is sold for consumption on the premises; 08 (3) being an unemancipated minor under 16 years of age, possesses a 09 firearm without the consent of a parent or guardian of the minor; 10 (4) knowingly possesses a firearm 11 (A) within the grounds of or on a parking lot immediately 12 adjacent to a center, other than a private residence, licensed under [AS 14.37,] 13 AS 47.33 [,] or AS 47.35 or recognized by the federal government for the care 14 of children; 15 (B) within a 16 (i) courtroom or office of the Alaska Court System; or 17 (ii) courthouse that is occupied only by the Alaska 18 Court System and other justice-related agencies; or 19 (C) within a domestic violence or sexual assault shelter that 20 receives funding from the state; 21 (5) possesses or transports a switchblade or a gravity knife; or 22 (6) is less than 21 years of age and knowingly possesses a deadly 23 weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed 24 on the person. 25 * Sec. 5. AS 12.55.125(l) is amended to read: 26 (l) Notwithstanding any other provision of law, a defendant convicted of an 27 unclassified or class A felony offense, and not subject to a mandatory 99-year 28 sentence under (a) of this section, shall be sentenced to a definite term of 29 imprisonment of at least 40 years but not more than 99 years when the defendant has 30 been previously convicted of two or more most serious felonies and the prosecuting 31 attorney has filed a notice of intent to seek a definite sentence under this subsection at
01 the time the defendant was arraigned in superior court. If a defendant is sentenced to a 02 definite term under this subsection [SECTION], 03 (1) imprisonment for the prescribed definite term may not be 04 suspended under AS 12.55.080; 05 (2) imposition of sentence may not be suspended under AS 12.55.085; 06 (3) imprisonment for the prescribed definite term may not be reduced, 07 except as provided in (j) of this section. 08 * Sec. 6. AS 13.26.015 is amended to read: 09 Sec. 13.26.015. Facility of payment or delivery. Any person under a duty to 10 pay or deliver money or personal property to a minor may perform this duty, in 11 amounts not exceeding $5,000 a year, by paying or delivering the money or property 12 to, (1) the minor, if the minor [HAS ATTAINED THE AGE OF 18 YEARS OR] is 13 married; (2) any person having the care and custody of the minor with whom the 14 minor resides; (3) a guardian of the minor; or (4) a financial institution incident to a 15 deposit in a federally insured savings account in the sole name of the minor and giving 16 notice of the deposit to the minor. This section does not apply if the person making 17 payment or delivery has actual knowledge that a conservator has been appointed or 18 proceedings for appointment of a conservator of the estate of the minor are pending. 19 The persons, other than the minor or any financial institution under (4) of this section, 20 receiving money or property for a minor, are obligated to apply the money to the 21 support and education of the minor, but may not pay themselves except by way of 22 reimbursement for out-of-pocket expenses for goods and services necessary for the 23 minor's support. Any excess sums shall be preserved for future support of the minor 24 and any balance not so used and any property received for the minor must be turned 25 over to the minor when the minor attains majority. Persons who pay or deliver in 26 accordance with provisions of this section are not responsible for the proper 27 application thereof. 28 * Sec. 7. AS 13.26.280(a) is amended to read: 29 (a) A conservator has all of the powers conferred herein and any additional 30 powers conferred by law on trustees in this state. In addition, a conservator of the 31 estate of an unmarried minor [UNDER THE AGE OF 18 YEARS], as to whom no one
01 has parental rights, has the duties and powers of a guardian of a minor described in 02 AS 13.26.070 until the minor attains the age of 18 or marries, but the parental rights so 03 conferred on a conservator do not preclude appointment of a guardian as provided by 04 AS 13.26.030 - 13.26.085. 05 * Sec. 8. AS 14.43.148(h)(1)(B)(iii) is amended to read: 06 (iii) a license issued under [AS 14.37 OR] AS 47.35; 07 * Sec. 9. AS 15.13.040(j) is amended to read: 08 (j) Except as provided in (l) of this section, each nongroup entity shall make a 09 full report in accordance with AS 15.13.110 upon a form prescribed by the 10 commission and certified by the nongroup entity's treasurer, listing 11 (1) the name and address of each officer and director of the nongroup 12 entity; 13 (2) the aggregate amount of all contributions made to the nongroup 14 entity for the purpose of influencing the outcome of an election; 15 (3) for all contributions described in (2) of this subsection, the name, 16 address, [AND PRINCIPAL OCCUPATION OF THE CONTRIBUTOR, AND THE] 17 date, and amount contributed by each contributor and, for all contributions described 18 in (2) of this subsection in excess of $250 in the aggregate during a calendar year, the 19 principal occupation and employer of the contributor; and 20 (4) the date and amount of all contributions made by the nongroup 21 entity, and, except as provided for certain independent expenditures in 22 AS 15.13.135(a), all expenditures made, incurred, or authorized by the nongroup 23 entity, for the purpose of influencing the outcome of an election; a nongroup entity 24 shall report contributions made to a different nongroup entity for the purpose of 25 influencing the outcome of an election and expenditures made on behalf of a different 26 nongroup entity for the purpose of influencing the outcome of an election as soon as 27 the total contributions and expenditures to that nongroup entity for the purpose of 28 influencing the outcome of an election reach $500 in a year and for all subsequent 29 contributions and expenditures to that nongroup entity in a year whenever the total 30 contributions and expenditures to that nongroup entity for the purpose of influencing 31 the outcome of an election that have not been reported under this paragraph reach
01 $500. 02 * Sec. 10. AS 15.13.110(f)(2) is amended to read: 03 (2) a person who has filed a nominating petition under AS 15.25.140 - 04 15.25.200 to become a candidate at the general [PRIMARY] election for elective state 05 executive or legislative office; 06 * Sec. 11. AS 16.43.160(e) is amended to read: 07 (e) For an entry permit or an interim-use permit issued for calendar year 2002 08 and following years, the annual base fee may not be less than $10 or more than $300. 09 The annual base fee must reasonably reflect the different rates of economic return for 10 different fisheries. The fee for a nonresident entry permit or a nonresident interim-use 11 permit shall be higher than the annual base fee by an amount, established by the 12 commission by regulation, that is as close as is practicable to the maximum allowed by 13 law. The amount of the fee for a nonresident entry permit or a nonresident interim-use 14 permit may reflect 15 (1) the costs incurred by the state that are directly attributable to 16 participation of nonresidents in the commercial fisheries of the state; 17 (2) the costs incurred by the state for 18 (A) direct operating expenditures for ongoing management, 19 support, and regulation of the commercial fishing industry, including relevant 20 expenditures of the 21 (i) [REPEALED 22 (ii)] Department of Environmental Conservation - air 23 and water quality permitting activities and seafood inspection activities; 24 (ii) [(iii)] Department of Community and Economic 25 Development - commercial fishing loan program, Alaska Seafood 26 Marketing Institute, and community development quota program; 27 (iii) [(iv)] Department of Fish and Game - division of 28 commercial fisheries, [DIVISION OF HABITAT AND 29 RESTORATION,] board support section, division of administrative 30 services, division of sport fish, commissioner's office, and Alaska 31 Commercial Fisheries Entry Commission;
01 (iv) [(v)] Department of Labor and Workforce 02 Development - wage and hour enforcement, mechanical inspections, 03 occupational safety and health activities, and fishermen's fund; 04 (v) [(vi)] Department of Law; 05 (vi) [(vii)] Department of Natural Resources, including 06 the Alaska coastal management program and habitat programs; 07 (vii) [(viii)] Department of Public Safety - commercial 08 fisheries enforcement; 09 (viii) [(ix)] Department of Revenue - fisheries business 10 tax program, fishery resource landing tax program, salmon 11 enhancement tax program, salmon marketing tax program, salmon 12 fishery assessment program, permit buy-back assessment program, 13 and dive fishery management assessment program; 14 (ix) [(x)] University of Alaska - Fisheries Industrial 15 Technology Center, Institute of Marine Science, Marine Advisory 16 Program, Sea Grant College Program, and School of Fisheries and 17 Ocean Sciences; 18 (x) [(xi)] Legislature; 19 (xi) [(xii)] Alaska Court System; 20 (B) indirect operating expenditures for general overhead 21 attributable to supporting the commercial fishing industry, including 22 expenditures for general overhead attributable to components of agencies that 23 have direct operating expenditures identified under (A) of this paragraph and to 24 components of agencies for which direct operating expenditures related to the 25 ongoing management, support, and regulation of the commercial fishing 26 industry cannot be readily determined; 27 (C) [GENERAL GOVERNMENT EXPENDITURES FOR 28 GOVERNMENT SERVICES THAT ARE USED BY A PORTION OF THE 29 POPULATION ATTRIBUTABLE TO THE PRESENCE OF THE 30 COMMERCIAL FISHING INDUSTRY, INCLUDING GOVERNMENT 31 SERVICES PROVIDED BY THE DEPARTMENT OF ADMINISTRATION,
01 DEPARTMENT OF CORRECTIONS, DEPARTMENT OF EDUCATION 02 AND EARLY DEVELOPMENT, DEPARTMENT OF HEALTH AND 03 SOCIAL SERVICES, DEPARTMENT OF MILITARY AND VETERANS' 04 AFFAIRS, AND DEPARTMENT OF TRANSPORTATION AND PUBLIC 05 FACILITIES; 06 (D)] capital costs directly supporting [EXPENDITURES TO 07 SUPPORT] the commercial fishing industry [AS MEASURED BY ANNUAL 08 DEPRECIATION OF PUBLIC FACILITIES AND INFRASTRUCTURE]; 09 and 10 (D) [(E)] expenditures to subsidize the construction and 11 operation of salmon hatcheries [; AND 12 (3) THE AMOUNT OF REVENUE FOREGONE BY THE STATE 13 DUE TO THE CURRENT MANAGEMENT SYSTEM FOR COMMERCIAL 14 FISHERIES IN THE STATE]. 15 * Sec. 12. AS 21.36.360(i) is amended to read: 16 (i) A criminal insurance act is committed by a person doing business in this 17 state or relative to a subject resident, located, or to be performed in this state who 18 knowingly 19 (1) writes, places, or causes to be written or placed in this state or 20 relative to a subject resident, located, or to be performed in this state a policy, 21 duplicate policy, or contract of insurance of any kind or character, or general or 22 floating policy upon persons or property resident, situated, or located in this state, 23 from or through a person not authorized to transact business under AS 21.27 or a risk 24 retention group or purchasing group not registered under AS 21.89.090 25 [AS 21.89.070]; or 26 (2) pays a commission or other form of remuneration to a person, firm, 27 or organization for the writing or placing of insurance coverage in this state or relative 28 to a subject resident, located, or to be performed in this state unless that person, firm, 29 or organization is authorized under AS 21.27 to transact the kind or class of insurance 30 written or placed, or, in the case of a risk retention group or purchasing group, is 31 registered under AS 21.89.090 [AS 21.89.070].
01 * Sec. 13. AS 21.36.360(j) is amended to read: 02 (j) A criminal insurance act is committed by a person in this state or relative to 03 a subject resident, located, or to be performed in this state who acts as an insurance 04 producer, managing general agent, third-party administrator, reinsurance intermediary 05 broker, reinsurance intermediary manager, surplus lines broker, or independent 06 adjuster without being licensed by the director as required under this title or as a risk 07 retention group or purchasing group without being registered as required under 08 AS 21.89.090 [AS 21.89.070]. A criminal insurance act is committed by an insurance 09 producer, managing general agent, third-party administrator, reinsurance intermediary 10 broker, reinsurance intermediary manager, or surplus lines broker who solicits or takes 11 application for, procures, or places for others any insurance for which the person is not 12 licensed as required under AS 21.27 or for which the license of the person has been 13 suspended or revoked. A criminal insurance act is committed by a person in this state 14 or relative to a subject resident, located, or to be performed in this state who acts as or 15 on behalf of a risk retention group or a purchasing group that is not registered under 16 AS 21.89.090 [AS 21.89.070]. 17 * Sec. 14. AS 21.36.360(k) is amended to read: 18 (k) A criminal insurance act is committed by an insurance producer, managing 19 general agent, third-party administrator, reinsurance intermediary broker, reinsurance 20 intermediary manager, or surplus lines broker who knowingly compensates or offers 21 to compensate in any manner a person other than an insurance producer, managing 22 general agent, third-party administrator, reinsurance intermediary broker, reinsurance 23 intermediary manager, or surplus lines broker licensed as required under this title in 24 this or another jurisdiction, for procuring or in any manner helping to procure 25 applications for or to place insurance in this state. A criminal insurance act is 26 committed by a person in this state or relative to a subject resident, located, or to be 27 performed in this state who acts as or on behalf of a risk retention group or a 28 purchasing group that is not registered under AS 21.89.090 [AS 21.89.070]. This 29 subsection does not apply to the payment of compensation that is not contingent upon 30 volume of business transacted in the form of salaries to the regular employees of the 31 insurance producer, managing general agent, third-party administrator, reinsurance
01 intermediary broker, reinsurance intermediary manager, or surplus lines broker. 02 * Sec. 15. AS 24.08.330(b) is amended to read: 03 (b) Agencies receiving sets of the Alaska Statutes shall mark each volume or 04 binder received "Property of the State of Alaska." [," AND SHALL HAVE EACH 05 SET RECORDED AS AN ITEM OF PROPERTY ON ITS RECORDS AND THE 06 CENTRAL PROPERTY RECORDS OF THE STATE.] 07 * Sec. 16. AS 25.27.244(s)(2)(B)(ii) is amended to read: 08 (ii) a license issued under [AS 14.37 OR] AS 47.35; 09 * Sec. 17. AS 28.35.032(l) is amended to read: 10 (l) The court shall order a person convicted under this section to satisfy the 11 screening, evaluation, referral, and program requirements of an alcohol safety action 12 program if such a program is available in the community where the person resides, or 13 a private or public treatment facility approved by [THE DIVISION OF 14 ALCOHOLISM AND DRUG ABUSE, OF] the Department of Health and Social 15 Services [,] under AS 47.37 to make referrals for rehabilitative treatment or to provide 16 rehabilitative treatment. If a person is convicted under (p) of this section, the court 17 shall order the person to be evaluated as required by this subsection before the court 18 imposes sentence for the offense. 19 * Sec. 18. AS 32.05.020(2) is amended to read: 20 (2) joint tenancy, tenancy in common, tenancy by the entirety 21 [ENTIRETIES], joint property, common property, or part ownership does not of itself 22 establish a partnership, whether or not the co-owners share any profits made by the use 23 of the property; 24 * Sec. 19. AS 32.06.202(c) is amended to read: 25 (c) In determining whether a partnership is formed, the following rules apply: 26 (1) joint tenancy, tenancy in common, tenancy by the entirety 27 [ENTIRETIES], joint property, common property, or part ownership does not by itself 28 establish a partnership, even if the co-owners share profits made by the use of the 29 property; 30 (2) the sharing of gross returns does not by itself establish a 31 partnership, even if the persons sharing them have a joint or common right or interest
01 in property from which the returns are derived; 02 (3) a person who receives a share of the profits of a business is 03 presumed to be a partner in the business, unless the profits are received in payment 04 (A) of a debt by installments or otherwise; 05 (B) for services as an independent contractor, or of wages or 06 other compensation to an employee; 07 (C) of rent; 08 (D) of an annuity or other retirement or health benefit provided 09 to a beneficiary, representative, or designee of a deceased or retired partner; 10 (E) of interest or other charge on a loan, even if the amount of 11 payment varies with the profits of the business, including a direct or indirect 12 present or future ownership of the collateral, or rights to income, proceeds, or 13 increase in value derived from the collateral; or 14 (F) for the sale of the good will of a business or other property 15 by installments or otherwise. 16 * Sec. 20. AS 36.30.850(b)(11) is amended to read: 17 (11) agreements with providers of services under [AS 47.25.007 - 18 47.25.009;] AS 47.07; AS 47.08; AS 47.10; AS 47.12; AS 47.14; AS 47.17; AS 47.24; 19 AS 47.25.001 - 47.25.009; and AS 47.27, including contractors under AS 47.27.050; 20 * Sec. 21. AS 37.05.180 is amended to read: 21 Sec. 37.05.180. Limitation on payment of warrants. A warrant upon the 22 state treasury may not be paid unless presented at the office of the commissioner of 23 revenue within six months of the date of its issuance. A warrant not presented within 24 that time is presumed abandoned, except where the warrant is for the payment of a 25 permanent fund dividend or a benefit payment or refund under AS 14.25, AS 22.25, 26 AS 26.05, AS 39.30, AS 39.35, former AS 39.37, or AS 39.45. Money held for an 27 abandoned warrant shall be delivered to the custody of the Department of Revenue to 28 be administered as unclaimed property under AS 34.45. 29 * Sec. 22. AS 37.05.318 is amended to read: 30 Sec. 37.05.318. Further regulations prohibited. Notwithstanding AS 44.62 31 ( [THE] Administrative Procedure Act), AS 37.07 ( [(AS 44.62), THE FISCAL
01 PROCEDURES ACT (AS 37.05), AND THE] Executive Budget Act), and other 02 provisions of this chapter [(AS 37.07)], a state agency may not adopt regulations or 03 impose additional requirements or procedures to implement, interpret, make specific, 04 or otherwise carry out the provisions of AS 37.05.315 - 37.05.317 unless required by 05 the federal government for participation in federal programs. 06 * Sec. 23. AS 37.14.270(2) is amended to read: 07 (2) "child abuse and neglect" has the meaning given "child abuse or 08 neglect" in AS 47.17.290; 09 * Sec. 24. AS 39.50.030(g) is amended to read: 10 (g) The requirements in this section for disclosures related to a person's 11 domestic partner [SPOUSAL EQUIVALENT] do not apply to an elected or 12 appointed municipal officer. 13 * Sec. 25. AS 41.17 is amended by adding a new section to read: 14 Sec. 41.17.955. Short title. This chapter may be cited as the Forest Resources 15 and Practices Act. 16 * Sec. 26. AS 44.29.520 is amended to read: 17 Sec. 44.29.520. Composition of the board. (a) The Alaska Pioneers' Homes 18 Advisory Board consists of 19 (1) five [SEVEN] members appointed by the governor from among 20 citizens of the state; [AND] 21 (2) one member appointed by the governor who is a veteran of 22 active service in the armed forces of the United States, including the Alaska 23 National Guard or the Alaska Territorial Guard; 24 (3) one member who is the chair of the Alaska Commission on Aging 25 established in AS 47.44.200; and 26 (4) one member who is chair of the Alaska Veterans Advisory 27 Council established in AS 44.35. 28 (b) The term of office of a member of the board appointed under (a)(1) of this 29 section is four years. A member of the board may not serve more than eight 30 consecutive years. A chair shall be elected by the voting members of the board. The 31 members of the board appointed under (a)(1) and (2) of this section serve at the
01 pleasure of the governor. 02 * Sec. 27. AS 44.66.010(a)(10) is amended to read: 03 (10) Alaska Commission on Aging (AS 47.44.200) [(AS 44.21.200)] - 04 June 30, 2004; 05 * Sec. 28. AS 46.14.120(b) is amended to read: 06 (b) Except when considered to be in compliance with this chapter under 07 AS 46.14.275 or under a regulation adopted under AS 46.14.140(a)(12) 08 [AS 46.14.140(a)(11)], the owner and operator shall obtain an operating permit under 09 this chapter before operating a stationary source subject to AS 46.14.130(b). 10 * Sec. 29. AS 46.14.120(c) is amended to read: 11 (c) A permittee shall comply with the terms and conditions of a permit or a 12 modifying compliance order issued by the department under this chapter or a court 13 order. A person operating under the application shield available under 14 AS 46.14.140(a)(12) [AS 46.14.140(a)(11)] and 46.14.275, shall comply with the 15 terms and conditions of the pending application and applicable regulations. 16 * Sec. 30. AS 46.14.170(a) is amended to read: 17 (a) Except as provided in AS 46.14.220 or in regulations adopted under 18 AS 46.14.140(a)(7) [AS 46.14.140(a)(6)], after receipt of a complete application, and 19 after notice and opportunity for public comment and hearing, the department shall 20 issue or deny 21 (1) a construction permit within 30 days after the close of the public 22 comment period; 23 (2) an operating permit, other than a general operating permit or 24 temporary operating permit, within 12 months after receipt of the complete application 25 by the department. 26 * Sec. 31. AS 47.10.093(g) is amended to read: 27 (g) The department and affected law enforcement agencies shall work with 28 school districts and private schools to develop procedures for the disclosure of 29 information to school officials under (b)(4) [(b)(3)] of this section. The procedures 30 must provide a method for informing the principal or the principal's designee of the 31 school the student attends as soon as it is reasonably practicable.
01 * Sec. 32. AS 47.24.070 is amended to read: 02 Sec. 47.24.070. Required review of proposed regulations. Before adoption 03 by the department, regulations to implement this chapter shall be provided to the 04 Alaska Commission on Aging established under AS 47.44.200 [AS 44.21.200] for 05 review. 06 * Sec. 33. AS 47.30.016(b)(2)(D) is amended to read: 07 (D) one person selected by the Alaska Commission on Aging 08 established by AS 47.44.200 [AS 44.21.200]; 09 * Sec. 34. AS 47.30.036(3) is amended to read: 10 (3) review and consider the recommendations submitted under 11 [AS 44.21.230(a)(10),] AS 44.29.140(2), AS 47.30.666(6), AS 47.44.230(a)(10), and 12 AS 47.80.090(13); 13 * Sec. 35. AS 47.35.010(a) is amended to read: 14 (a) The department may 15 (1) license and supervise child care facilities, foster homes, residential 16 child care facilities, semi-secure residential child care facilities, secure residential 17 psychiatric treatment centers, child placement agencies, and maternity homes; 18 (2) investigate applicants, licensees, and persons that the department 19 reasonably believes are operating a facility without a license or certification in 20 violation of this chapter; 21 (3) adopt regulations to implement the provisions of this chapter, 22 including regulations establishing licensure, certification, and renewal procedures, 23 standards, and fees; establishing requirements for operation of facilities or agencies 24 licensed under this chapter; and distinguishing between types of facilities; 25 (4) enter into agreements with private entities, municipalities, or 26 individuals to investigate and make recommendations to the department for the 27 licensing and supervision of child care facilities, foster homes, residential child care 28 facilities, semi-secure residential child care facilities, secure residential psychiatric 29 treatment centers, child placement agencies, and maternity homes under procedures 30 and standards of operation established by the department; 31 (5) accept licenses issued by other organizations or state agencies that
01 have licensing authority under federal or state law for the facilities listed in (1) of this 02 subsection, other than child care facilities. 03 * Sec. 36. AS 47.35.017(b) is amended to read: 04 (b) An application submitted under this section must contain at least the 05 following information: 06 (1) the name and address of the applicant and, if the applicant is an 07 agency, corporation, partnership, association, or any other form of organization, the 08 name, address, and title of each individual who has an ownership or management 09 interest in the facility; if the applicant is an individual, the application must include the 10 name, age, and driver's license number, if any, of each member of the individual's 11 household; 12 (2) the name, physical location, and mailing address of the facility or 13 agency for which the license is sought; 14 (3) the name and address of the administrator of the facility or agency, 15 if any; 16 (4) evidence that the administrator or foster parent is an adult with 17 sufficient experience, training, or education to fulfill the duties of an administrator or 18 foster parent; 19 (5) a release for the administrator or foster parent and for each other 20 person who is 16 years of age or older, as specified by the department by regulation, 21 who will have contact with individuals served by the facility or agency, authorizing 22 the department to review all federal, state, and municipal criminal justice information, 23 whether of this state, of a municipality of this state, or of another jurisdiction, medical 24 records, licensing records, and protective services records, identified in regulations 25 adopted under this chapter, that are relevant to the person who is the subject of the 26 release and to the type of license for which the application has been submitted; 27 (6) [FOR A FACILITY OR AGENCY 28 (A) OTHER THAN A CHILD CARE FACILITY,] two sets of 29 fingerprints and the social security number of each person required to provide 30 a release under (5) of this subsection in order for the department to submit the 31 fingerprints to the Department of Public Safety for the purpose of conducting
01 state and national criminal background checks from criminal justice 02 information received under AS 12.62 and regulations adopted under AS 12.62; 03 the department may not approve an application under this section until the 04 results of the criminal background check have been submitted to the 05 department; [OR 06 (B) THAT IS A CHILD CARE FACILITY, IF REQUIRED 07 BY REGULATIONS ADOPTED BY THE DEPARTMENT, TWO SETS OF 08 FINGERPRINTS AND THE SOCIAL SECURITY NUMBER OF EACH 09 PERSON REQUIRED TO PROVIDE A RELEASE UNDER (5) OF THIS 10 SUBSECTION IN ORDER FOR THE DEPARTMENT TO SUBMIT THE 11 FINGERPRINTS TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE 12 PURPOSE OF CONDUCTING STATE AND NATIONAL CRIMINAL 13 BACKGROUND CHECKS FROM CRIMINAL JUSTICE INFORMATION 14 RECEIVED UNDER AS 12.62 AND REGULATIONS ADOPTED UNDER 15 AS 12.62;] 16 (7) for a facility, the number of individuals that will be served in the 17 facility; 18 (8) the type of facility or agency for which the license is sought; 19 (9) copies of all inspection reports and approvals required by state fire 20 prevention and environmental health and safety authorities for operation of the facility 21 or agency, including any variances granted by these authorities; 22 (10) a plan of operation, as required by the department by regulation; 23 (11) a staffing plan that describes the number of people who will work 24 at the facility or agency, staff qualifications, a description of each person's 25 responsibilities, and, for a facility other than a maternity home, a supervision schedule 26 for the children in care that meets the requirements established by the department by 27 regulation; 28 (12) evidence that the applicant is capable of meeting the minimum 29 standards of care established by the department under AS 47.14.120; 30 (13) evidence that the applicant has completed orientation or training 31 required by the department, by regulation, for holders of the type of license for which
01 the application was submitted; and 02 (14) other information required by the department, by regulation, in 03 order to monitor compliance with this chapter and regulations adopted under this 04 chapter. 05 * Sec. 37. AS 47.35.021 is amended by adding a new subsection to read: 06 (b) This section does not apply to the issuance of an initial license to a child 07 care facility. 08 * Sec. 38. AS 47.35.140 is amended by adding a new subsection to read: 09 (b) This section does not apply to a child care facility. 10 * Sec. 39. Section 5, ch. 4, SSSLA 2002, is repealed and reenacted to read: 11 Sec. 5. AS 47.55.010 is amended by adding new subsections to read: 12 (e) As provided in this subsection, a certain number of beds in the Alaska 13 Pioneers' Home shall be reserved for use by veterans who meet all other qualifications 14 for admission to the home. The Department of Health and Social Services shall by 15 regulation 16 (1) specify the number of beds reserved for use by veterans under this 17 subsection; the department may not specify that more than 30 percent of the beds in a 18 single institution are reserved for veterans, nor that more than the percentage of the 19 occupied beds collectively comprising the Alaska Pioneers' Home system that were in 20 use by veterans on June 30, 2002, are reserved for veterans; 21 (2) establish procedures that 22 (A) provide for a veteran to be considered for admission to an 23 unreserved, unoccupied bed in the home under admission criteria in or under 24 this chapter if all beds reserved under this subsection are occupied; 25 (B) provide for a person who is not a veteran to be considered 26 for admission to an unoccupied bed reserved under this subsection if no 27 veteran who is qualified for admission to a reserved bed has applied for 28 admission; and 29 (C) ensure that, to the extent possible, the beds reserved for use 30 by veterans under this subsection are occupied by veterans. 31 (f) In this section, "veteran" means a person with 181 days or more of active
01 service in the armed forces of the United States, including the Alaska National Guard 02 or the Alaska Territorial Guard. 03 * Sec. 40. Section 8, ch. 4, SSSLA 2002, is repealed and reenacted to read: 04 Sec. 8. AS 47.55.060 is amended to read: 05 Sec. 47.55.060. Trust fund. Unless otherwise provided by the donor, money 06 bequeathed to the Alaska Pioneers' Home or to the former Alaska Pioneers' and 07 Veterans' Home constitutes a special trust fund. Unless otherwise provided by the 08 donor, interest from the special trust fund is under the control and at the disposal of the 09 Department of Health and Social Services, and expenditure from it is limited to the 10 benefit and comfort of the residents of the home. 11 * Sec. 41. Section 9, ch. 4, SSSLA 2002, is amended to read: 12 Sec. 9. AS 47.55.010(e), enacted by sec. 5 of this Act, as amended by sec. 39 13 of an Act passed by the Second Regular Session of the Twenty-Third Alaska 14 State Legislature implementing changes recommended by the revisor of statutes, 15 is repealed. 16 * Sec. 42. Section 10, ch. 4. SSSLA 2002, is amended to read: 17 Sec. 10. The uncodified law of the State of Alaska is amended by adding a 18 new section to read: 19 PILOT PROJECT. (a) The Department of Health and Social Services 20 [ADMINISTRATION] may negotiate with the United States Department of Veterans 21 Affairs for the purpose of achieving an agreement to operate a pilot project under 22 which, until June 30, 2005, federal veterans' per diem payments could be used by 23 veterans who reside in the Alaska Pioneers' Home. The agreement must also provide 24 that receipt by a veteran of the federal per diem payment may not reduce the total 25 home daily rate charged to the veteran, but that a veteran's per diem payment will 26 contribute to the cost of the veteran's care in the home. The agreement must also 27 provide that the pilot project may be conducted without any need for changes in the 28 state ownership and authority to operate and manage the home under the state laws as 29 they would exist after being amended or enacted by this Act. 30 (b) The Department of Health and Social Services [ADMINISTRATION] 31 shall report to the legislature by January 5, 2005, on the operation of the pilot project
01 authorized under (a) of this section. The report must include the department's 02 recommendations as to whether the project should continue, whether the project 03 should become permanent in nature, and other matters related to the project, as 04 determined by the department. 05 * Sec. 43. Section 12(b), ch. 4, SSSLA 2002, is amended to read: 06 (b) Sections [1,] 5 [,] and 11 of this Act take effect only if an agreement is 07 signed between the federal Department of Veterans Affairs and the state Department 08 of Health and Social Services [ADMINISTRATION] that authorizes the pilot project 09 described in sec. 10 of this Act. 10 * Sec. 44. Section 12, ch. 4, SSSLA 2002, is amended by adding a new subsection to read: 11 (c) Sections 8 and 9 of this Act take effect only if sec. 5, ch. 4, SSSLA 2002, 12 as amended by sec. 39 of an Act passed by the Second Regular Session of the Twenty- 13 Third Alaska State Legislature implementing changes recommended by the revisor of 14 statutes, and sec. 11, ch. 4, SSSLA 2002, take effect before July 1, 2005. 15 * Sec. 45. Section 13(b), ch. 4, SSSLA 2002, is amended to read: 16 (b) If secs. [1,] 5 [,] and 11 of this Act take effect, they take effect on the date 17 the agreement described in sec. 10 of this Act is signed by both parties. The 18 commissioner of health and social services [ADMINISTRATION] shall notify the 19 revisor of statutes of this date and send a copy of the agreement to the Legislative 20 Budget and Audit Committee and the presiding officers of the Senate and House of 21 Representatives. 22 * Sec. 46. Section 15, ch. 4, SSSLA 2002, is amended to read: 23 Sec. 15. If secs. 8 and 9 of this Act take effect, they [SECTIONS 8 AND 9 24 OF THIS ACT] take effect July 1, 2005. 25 * Sec. 47. AS 39.25.110(21) is repealed. 26 * Sec. 48. Section 71(1), ch. 106, SLA 1980, is repealed. 27 * Sec. 49. Sections 1, 2, 12(a), and 13(a), ch. 4, SSSLA 2002, are repealed. 28 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY OF AMENDMENTS TO AS 44.29.520. (a) Notwithstanding the 31 provisions of AS 44.29.520, as amended by sec. 26 of this Act, the members of the Alaska
01 Pioneers' Homes Advisory Board appointed under AS 44.29.520(a)(1) who are serving on the 02 effective date of sec. 26 of this Act may continue to serve their terms to the extent provided 03 by AS 44.29.520. The member described under AS 44.29.520(a)(2), as amended by sec. 26 04 of this Act, may be appointed as soon after the effective date of sec. 26 of this Act as there is 05 a vacancy in the members appointed under AS 44.29.520(a)(1). 06 (b) Notwithstanding the provisions of AS 44.29.520(a), as amended by sec. 26 of this 07 Act, the member described under AS 44.29.520(a)(4), as amended by sec. 26 of this Act, shall 08 become a member of the Alaska Pioneers' Homes Advisory Board as soon after the effective 09 date of sec. 26 of this Act as there is a vacancy in the members appointed under 10 AS 44.29.520(a)(1) and the member described in AS 44.29.520(a)(2), as amended by sec. 26 11 of this Act, has been appointed. 12 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 CONDITIONAL EFFECTIVENESS OF SECTION 26. Section 26 of this Act takes 15 effect only if an agreement is signed between the federal Department of Veterans Affairs and 16 the state Department of Health and Social Services that authorizes the pilot project described 17 in sec. 10, ch. 4, SSSLA 2002, as amended by sec. 42 of an Act passed by the Second Regular 18 Session of the Twenty-Third Alaska State Legislature implementing changes recommended 19 by the revisor of statutes. The commissioner of health and social services shall notify the 20 revisor of statutes of this date and send a copy of the agreement to the Legislative Budget and 21 Audit Committee and the presiding officers of the Senate and House of Representatives. 22 * Sec. 52. If sec. 26 of this Act takes effect, it takes effect on the date the agreement 23 described in sec. 10, ch. 4, SSSLA 2002, as amended by sec. 42 of an Act passed by the 24 Second Regular Session of the Twenty-Third Alaska State Legislature implementing changes 25 recommended by the revisor of statutes, is signed by both parties. 26 * Sec. 53. Except as provided in sec. 52 of this Act, this Act takes effect immediately under 27 AS 01.10.070(c).