SB 49: "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. 49 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 02.15.230(a) is amended to read: 05 (a) The commissioner and those officers and employees of the department 06 whom [WHO] the commissioner may designate have general police powers in aid of 07 the enforcement of this chapter [,] and the regulations and orders issued under it and 08 all other laws of the state relating to aeronautics. 09 * Sec. 2. AS 04.11.494(e) is amended to read: 10 (e) A person is disqualified as described under (b)(9) of this section due to the 11 person's criminal record if fewer [LESS] than 12 (1) two years have [HAS] elapsed from the person's unconditional 13 discharge due to a conviction or adjudication as a delinquent for any of the following 14 offenses or a law or ordinance from another jurisdiction with similar elements:
01 (A) driving while under the influence of an alcoholic 02 beverage, inhalant, or controlled substance [INTOXICATED] under 03 AS 28.35.030 or refusal to submit to a chemical test under AS 28.35.032; or 04 (B) a crime involving domestic violence, as that term is defined 05 under AS 18.66.990, or violating a protective order under AS 11.56.740; 06 (2) five years have [HAS] elapsed from the person's unconditional 07 discharge due to a conviction or adjudication as a delinquent for any of the following 08 offenses or a law or ordinance from another jurisdiction with similar elements: 09 (A) a felony violation or a felony attempt to commit a violation 10 of AS 11.41; or 11 (B) a misdemeanor violation of or a misdemeanor attempt to 12 violate a provision in this title; or 13 (3) 10 years have [HAS] elapsed from the person's unconditional 14 discharge due to a conviction or adjudication as a delinquent for a felony violation or a 15 felony attempt to violate a provision of this title or a law or ordinance from another 16 jurisdiction with similar elements. 17 * Sec. 3. AS 06.01.028(a)(4) is amended to read: 18 (4) made to a consumer reporting agency regulated under 15 U.S.C. 19 1681 - 1681v [15 U.S.C. 1681 - 1681u] (Fair Credit Reporting Act); or 20 * Sec. 4. AS 06.26.190(a) is amended to read: 21 (a) A trust company and an interstate state trust company or an international 22 [NATIONAL] trust company maintaining a trust office under AS 06.26.810 - 23 06.26.895 may close on the legal holidays described in AS 44.12.010 - 44.12.025. A 24 notice of holiday closings shall be made available to the trust company's customers by 25 mail, by the Internet, or by other means. 26 * Sec. 5. AS 06.26.610(a)(5) is amended to read: 27 (5) an inquiry has been made by a state financial institution, or by a 28 credit-reporting agency regulated under 15 U.S.C. 1681 - 1681v [15 U.S.C. 1681 - 29 1681u] (Fair Credit Reporting Act) solely for the express purpose of determining the 30 credit worthiness of the customer as an applicant for credit, and the information 31 disclosed by the trust company, state financial institution, or credit-reporting agency
01 relates only to the payment habits of the customer in connection with loans or other 02 credit accommodations and does not pertain to records concerning deposit balances in 03 savings or checking accounts. 04 * Sec. 6. AS 08.13.080(b) is amended to read: 05 (b) An applicant for [THE BOARD SHALL ISSUE] a license to practice 06 manicuring shall [TO AN APPLICANT WHO] 07 (1) submit [SUBMITS] documentation that the applicant has 08 completed a course of 12 hours of instruction or training approved by the board that 09 addresses health, safety, and hygiene concerns of manicuring customers and 10 practitioners that are relevant to the practice of manicuring from a school licensed 11 under AS 08.13.110 as a school of manicuring; documentation of completion of the 12 course must include certification from the school that the applicant has passed a test 13 given by the school covering the health, safety, and hygiene concerns of manicuring 14 customers and practitioners that are relevant to the practice of manicuring; and 15 (2) pay [PAYS] the appropriate fee. 16 * Sec. 7. AS 08.13.080(c) is amended to read: 17 (c) An applicant for [THE BOARD SHALL ADD] an endorsement to a 18 license to practice manicuring or hairdressing indicating that the person is an advanced 19 manicurist shall [IF THE PERSON] 20 (1) hold [HOLDS], or be [HAS BEEN] approved for, a current license 21 issued under this chapter for manicuring or hairdressing; 22 (2) request [REQUESTS] the endorsement; 23 (3) submit [SUBMITS] documentation from a licensed school of 24 manicuring or hairdressing certifying completion of 250 hours of instruction in 25 manicuring that meet the requirements of AS 08.13.110(c); 26 (4) pass [PASSES] an examination given by the board for advanced 27 manicurists; and 28 (5) pay [PAYS] the appropriate fee. 29 * Sec. 8. AS 08.13.100(a) is amended to read: 30 (a) The board shall authorize the issuance of a license for the practice of 31 barbering, hairdressing, or esthetics to each qualified applicant who has passed an
01 examination under AS 08.13.090. The board shall authorize the issuance of a 02 license to practice manicuring to each applicant who has satisfied the 03 requirements of AS 08.13.080(b). The board shall authorize the issuance of an 04 endorsement to a license to practice manicuring or hairdressing indicating that 05 the person is an advanced manicurist to each applicant who has satisfied the 06 requirements of AS 08.13.080(c). The board shall authorize the issuance of a license 07 for the practice of tattooing and permanent cosmetic coloring or for body piercing to 08 each applicant who has satisfied the requirements of AS 08.13.080(d). 09 * Sec. 9. AS 08.36.110(1)(F) is amended to read: 10 (F) is not the subject of an adverse report from the National 11 Practitioner Data Bank or the American Association of Dental Examiners 12 Clearinghouse for Board Actions [DISCIPLINARY INFORMATION] that 13 relates to criminal or fraudulent activity, or dental malpractice; 14 * Sec. 10. AS 08.36.234(a)(1)(J) is amended to read: 15 (J) is not the subject of an adverse report from the National 16 Practitioner Data Bank or the American Association of Dental Examiners 17 Clearinghouse for Board Actions [DISCIPLINARY INFORMATION] that 18 relates to criminal or fraudulent activity, negligent dental care, or malpractice; 19 * Sec. 11. AS 09.65.170(c)(2) is amended to read: 20 (2) "regional development organization" means a nonprofit 21 organization or nonprofit corporation formed to encourage economic 22 development within a particular region of the state that includes the entire area 23 of each municipality within that region and that has a board of directors that 24 represents the region's economic, political, and social interests [HAS THE 25 MEANING GIVEN IN AS 44.33.895]. 26 * Sec. 12. AS 10.06.580(a) is amended to read: 27 (a) If the corporation fails to make the offer required by AS 10.06.578(a) or 28 the shareholder rejects the offer within the 30-day period specified in AS 10.06.578(f), 29 (1) the corporation shall, within 20 days after the expiration of the 30- 30 day period specified in AS 10.06.578(f), file a petition in the court of the judicial 31 district where the registered office of the corporation is located, requesting that the fair
01 value of the shares be determined; if, in the case of a merger or consolidation, the 02 surviving or new corporation is a foreign corporation without a registered office in the 03 state, the petition shall be filed in the judicial district where the registered office of the 04 domestic corporation was last located; or 05 (2) if the corporation fails to institute a proceeding as provided in this 06 section, a dissenting shareholder may institute a proceeding in the name of the 07 corporation; if a dissenting shareholder does not institute a proceeding within 30 days 08 after the expiration of the 20-day [10-DAY] period granted the corporation under (1) 09 of this subsection, the dissenter loses the dissenter's rights unless the superior court, 10 for good cause shown, otherwise directs. 11 * Sec. 13. AS 10.06.811(a) is amended to read: 12 (a) A biennial report of a domestic or foreign corporation shall be filed with 13 the department and is due before January 2 of the filing year. A domestic corporation 14 filing articles of incorporation and a foreign corporation receiving a certificate of 15 authority during an even-numbered year must file the biennial report each even- 16 numbered year. A domestic corporation filing articles of incorporation and a 17 foreign corporation receiving a certificate of authority [WITH THE 18 DEPARTMENT] during an odd-numbered year must file the biennial report each odd- 19 numbered year. The biennial report is delinquent if not filed before February 1 of 20 each odd or even year as provided in this section. Delinquent returns are subject to the 21 penalty in AS 10.06.815. 22 * Sec. 14. AS 10.06.833 is amended to read: 23 Sec. 10.06.833. Payments and filing for withdrawal of foreign 24 corporation. A [REGISTERED] foreign corporation that has been issued a 25 certificate of authority under AS 10.06.705 may withdraw from this state upon 26 payment of all biennial corporation taxes and penalties due at the time of desired 27 withdrawal and by filing with the department an application for a certificate of 28 withdrawal signed by its proper officers and under its corporate seal. The fee for 29 filing the application with the commissioner shall be established by the department by 30 regulation. 31 * Sec. 15. AS 10.20.460(1) is amended to read:
01 (1) maintaining or defending any action or suit or [OF] an 02 administrative or arbitration proceeding, or effecting its settlement or the settlement of 03 claims or disputes; 04 * Sec. 16. AS 10.25.220(b) is amended to read: 05 (b) The presiding officer executing the articles of amendment shall make and 06 annex to them an affidavit stating that the provisions of AS 10.25.210 and this section 07 regarding the amendment were complied with. 08 * Sec. 17. AS 10.30.060 is amended to read: 09 Sec. 10.30.060. Power to acquire and dispose of lands, and exemption 10 from execution, taxation, and public appropriation. A cemetery association or 11 nonprofit cemetery corporation may buy or take by gift or devise, and hold, land not 12 exceeding 80 acres, for the sole purpose of a cemetery. The land is exempt from 13 execution, and from any appropriation to public purposes, and from taxation if 14 intended to be used exclusively for burial purposes and in no way for the profit of the 15 members or trustees of the association or the directors [TRUSTEES], officers, or 16 employees of the corporation. 17 * Sec. 18. AS 10.40.110 is amended to read: 18 Sec. 10.40.110. Succession to property upon death, resignation, or 19 removal of person incorporated as corporation sole. In the event of the death or 20 resignation of the archbishop, bishop, president, trustee in trust, president of stake, 21 president of congregation, overseer, presiding elder, or member of the clergy, who has 22 formed a corporation under this chapter, or such a person's removal from office by the 23 person or body having removal authority, the successor in office as the corporation 24 sole is vested with the title of all property held by the successor's predecessor with the 25 same power and authority over the property, subject to all the legal liabilities and 26 obligations with reference to the property. The successor shall record in the office of 27 each recording district [PRECINCT] in which the corporation owns real property a 28 certificate of the successor's commission or certified copy of a letter of election or 29 appointment. 30 * Sec. 19. AS 10.45.133 is amended to read: 31 Sec. 10.45.133. Continuity of life. Unless the articles of incorporation
01 expressly provide otherwise, a professional corporation shall continue as a separate 02 entity independent of its shareholders [,] for all purposes and for the period of time 03 provided in the articles [,] or until dissolved by a vote of two-thirds of the 04 shareholders [MEMBERS]. A professional corporation shall continue 05 notwithstanding the death, insanity, incompetency, conviction for felony, resignation, 06 withdrawal, transfer of ownership of shares, retirement, or expulsion of any one or 07 more of the shareholders, the transfer of shares to a new shareholder, or the happening 08 of any other event that [, WHICH] under the law of this state [,] and under like 09 circumstances [,] would work a dissolution of a partnership. 10 * Sec. 20. AS 11.81.900(b)(58) is amended to read: 11 (58) "sexual penetration" [MEANS] 12 (A) means genital intercourse, cunnilingus, fellatio, anal 13 intercourse, or an intrusion, however slight, of an object or any part of a 14 person's body into the genital or anal opening of another person's body; each 15 party to any of the acts described in this subparagraph is considered to be 16 engaged in sexual penetration; 17 (B) [BUT "SEXUAL PENETRATION"] does not include acts 18 (i) performed for the purpose of administering a 19 recognized and lawful form of treatment that is reasonably adapted to 20 promoting the physical health of the person being treated; or 21 (ii) that are a necessary part of a search of a person 22 committed to the custody of the Department of Corrections or the 23 Department of Health and Social Services; 24 [(C) EACH PARTY TO ANY OF THE ACTS DEFINED AS 25 "SEXUAL PENETRATION" IS CONSIDERED TO BE ENGAGED IN 26 SEXUAL PENETRATION;] 27 * Sec. 21. AS 13.16.580 is amended to read: 28 Sec. 13.16.580. Purchasers from distributees protected. If property 29 distributed in kind or a security interest in it is acquired for value by a purchaser from 30 or lender to a distributee who has received an instrument or deed of distribution from 31 the personal representative, the purchaser or lender takes title free of rights of any
01 interested person in the estate and incurs no personal liability to the estate, or to any 02 interested person, whether or not the distribution was proper or supported by court 03 order and whether or not the authority of the personal representative was terminated 04 before execution of the instrument or deed. This section protects a purchaser from or 05 lender to a distributee who, as personal representative, executed the deed of 06 distribution, as well as a purchaser from or lender to any other distributee or transferee 07 of a distributee. To be protected under this provision, a purchaser or lender need not 08 inquire whether a personal representative acted properly in making the distribution in 09 kind, even if the personal representative and the distributee are the same person, or 10 whether the authority of the personal representative had terminated before the 11 distribution. Any instrument described in this section that [WHICH] is recorded 12 under AS 40.17 or filed under former AS 45.09 or under AS 45.29 and that 13 [WHICH] bears a notation of that recordation or filing is prima facie evidence that the 14 transfer described in it was made for value. 15 * Sec. 22. AS 14.03.075(g)(1), enacted by sec. 3, ch. 94, SLA 2001, is amended to read: 16 (1) "child with a disability" has the meaning given ["CHILDREN 17 WITH DISABILITIES"] in AS 14.30.350; 18 * Sec. 23. AS 14.11.008(a) is amended to read: 19 (a) In order to receive a grant under this chapter or an appropriation under 20 AS 37.05.560, a district must 21 (1) be 22 (A) a regional [RURAL] educational attendance area; 23 (B) a municipal school district and, as of June 30 of the 24 previous fiscal year, have a population of less than 1,000; or 25 (C) a municipal school district that operates schools on a 26 military reservation; and 27 (2) provide a percentage share of the project cost, as determined under 28 (b) or (c) of this section. A district shall provide the required participating share 29 within three years after the date that the appropriation bill funding the grant is passed 30 by the legislature. 31 * Sec. 24. AS 14.11.100(n) is amended to read:
01 (n) The total amount of school construction projects approved for 02 reimbursement by the department under (a)(8) or (9) of this section 03 (1) may not exceed $357,143,000; and 04 (2) after June 30, 1995, and until July 1, 2006, shall be allocated as 05 follows: 06 (A) $154,286,000 shall be allocated to projects in a 07 municipality with a public school enrollment of 25,000 or more students in 08 fiscal year 1998, as determined under former AS 14.17.160; 09 (B) $57,143,000 shall be allocated to projects in a municipality 10 with a public school enrollment of at least 15,000 but less than 25,000 students 11 in fiscal year 1998, as determined under former AS 14.17.160; 12 (C) $145,714,000 shall be allocated to projects in a 13 municipality with a public school enrollment of less than 15,000 students in 14 fiscal year 1998, as determined under former AS 14.17.160; allocations under 15 this subparagraph 16 (i) shall first be made to projects described under (a)(8) 17 of this section and then made to projects described under (a)(9) of this 18 section; and 19 (ii) may not exceed $16,000,000 to projects in a 20 municipality with a public school enrollment of less than 4,000 21 students in fiscal year 1998, as determined under former 22 AS 14.17.160. 23 * Sec. 25. AS 16.10.320(d) is amended to read: 24 (d) The total of balances outstanding on loans made to a borrower under 25 AS 16.10.310(a)(1)(A) may not exceed $300,000. The total of balances outstanding on 26 loans made to a borrower under AS 16.10.310(a)(1)(B) may not exceed $100,000. The 27 total balances outstanding on loans made to a borrower under AS 16.10.310(a)(1)(C) 28 may not exceed $300,000. Excluding loans made under AS 16.10.310(a)(1)(C), the 29 [THE] total of balances outstanding on all loans, including debt refinancing under 30 AS 16.10.310(a), made to a borrower under AS 16.10.300 - 16.10.370 may not exceed 31 $300,000.
01 * Sec. 26. AS 16.20.565 is amended to read: 02 Sec. 16.20.565. Egegik Critical Habitat Area established. The following 03 described area is established as the Egegik Critical Habitat Area: 04 (1) Township 24 South, Range 51 West, Seward Meridian 05 [(PROTRACTED)] 06 Sections 1 - 2 07 Section 11 S 1/2 08 Section 12 N 1/2; 09 (2) Township 23 South, Range 51 West, Seward Meridian 10 [(PROTRACTED)] 11 Section 13 12 Sections 24 - 25 13 Sections 35 - 36; 14 (3) Township 23 South, Range 50 West, Seward Meridian 15 [(PROTRACTED)] 16 Section 7 17 Sections 18 - 19 18 Section 30 19 Section 31 (not tide or submerged land). 20 * Sec. 27. AS 18.07.111(3) is amended to read: 21 (3) "commencement of activities" means the visible commencement of 22 actual operations on the ground for the construction of a building, the alteration of the 23 bed capacity of a health care facility, or the provision for a [OR DELETION OF AN 24 EXISTING] category of health services to consumers, which operations are readily 25 recognizable as such, and which operations are done with intent to continue the work 26 until such activities are completed; 27 * Sec. 28. AS 18.56.590 is amended to read: 28 Sec. 18.56.590. Annual report. To further ensure effective budgetary 29 decision making by the legislature, the corporation shall prepare a complete 30 accounting of the housing assistance loan [REVOLVING] fund and notify the 31 legislature each year by January 10 that the accounting is available. The accounting
01 must consist of an audit by an independent outside auditor for that year. The 02 accounting must include a full description of all mortgage loan interest and principal 03 repayments and program receipts for purposes of programs under AS 18.56.400 - 04 18.56.600, including mortgage loan commitment fees, received by or accrued to the 05 corporation during the preceding fiscal year, and all income earned on assets held by 06 the corporation for purposes of programs under AS 18.56.400 - 18.56.600 during that 07 period. 08 * Sec. 29. AS 18.60.097(a) is amended to read: 09 (a) A person affected by an order of the OSHA Review Board under 10 AS 18.60.093(c) or (e) or of the commissioner under AS 18.60.096 may obtain a 11 review of the order by filing a notice of appeal in the superior court as provided in 12 [RULE 45 OF] the Alaska Rules of Appellate Procedure. 13 * Sec. 30. AS 18.60.097(b) is amended to read: 14 (b) The department may obtain review of an order of the OSHA Review 15 Board under AS 18.60.093(c) or (e) by filing a notice of appeal in the superior court as 16 provided in [RULE 45 OF] the Alaska Rules of Appellate Procedure. 17 * Sec. 31. AS 18.70.160 is amended to read: 18 Sec. 18.70.160. Agreement not to affect insurance rates or liability. An 19 agreement made under AS 18.70.150 and this section shall be carried out in a manner 20 that does not raise insurance rates. An agreement may not reduce the liability of an 21 insurance company in case of loss during the absence of fire services personnel 22 [MEN] and equipment. 23 * Sec. 32. AS 26.23.070(c) is amended to read: 24 (c) If a jurisdiction with which the governor proposes to cooperate under (b) 25 of this section has not enacted the Emergency Management Assistance Compact 26 [INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT], the governor may 27 negotiate a special agreement with that jurisdiction. 28 * Sec. 33. AS 28.05.095(b) is amended to read: 29 (b) Except as provided in (c) of this section, a driver may not transport a child 30 under the age of 16 in a motor vehicle unless the driver has provided the required 31 safety device and properly secured each child as described in this subsection. If the
01 child is less than four years of age, the child shall be properly secured in a child safety 02 device meeting the standards of the United States Department of Transportation for a 03 child safety device for infants. If the child is four but not yet 16 years of age, the child 04 shall be properly secured in a child safety device approved for a child of that age and 05 size by the United States Department of Transportation or in a safety belt, whichever 06 is appropriate for the particular child. 07 * Sec. 34. AS 28.15.231(b) is amended to read: 08 (b) Points [EXCEPT AS OTHERWISE PROVIDED IN AS 28.35.235(b), 09 POINTS] may not be assessed for violating a provision of a state law or regulation or 10 a municipal ordinance regulating standing, parking, equipment, size, or weight; nor 11 may points be assessed for violations by pedestrians, passengers, or bicycle riders, or 12 for violations of provisions relating to the preservation of the condition of traffic- 13 control devices on the highways. Points shall be assessed for violations of oversize or 14 overweight permits relating only to restrictions upon speed or hours of operation. 15 * Sec. 35. AS 28.20.400(a) is amended to read: 16 (a) A person in whose name more than 25 vehicles are registered in this state 17 may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the 18 department as provided in (b) of this section. A person in whose name 25 or fewer 19 [FEWER THAN 25] vehicles are registered qualifies as a self-insurer and shall be 20 issued a certificate of self-insurance [,] if the person provides proof satisfactory to the 21 department that the person has and will continue to have the ability to pay a judgment 22 for property damage, bodily injury, or both, in the amount of at least $125,000. 23 * Sec. 36. AS 34.45.290(d) is amended to read: 24 (d) If [, AFTER SEPTEMBER 7, 1986,] a holder fails to maintain the records 25 required by AS 34.45.300 and the records of the holder available for the periods 26 subject to AS 34.45.110 - AS 34.45.780 are insufficient to permit the preparation of a 27 report, the department may require the holder to report and pay the amount that is 28 reasonably estimated from the available records. 29 * Sec. 37. AS 35.10.010 is amended to read: 30 Sec. 35.10.010. Standard plans and specifications and limitation on cost. 31 The department shall prepare and adopt plans and specifications and determine
01 standards for the construction of each public work. Each public work shall be limited 02 in cost to the amount of the appropriation made for that purpose. The plans and 03 specifications may be amended from time to time as the department considers 04 advisable. This section does not apply to the construction of school buildings [IN 05 INCORPORATED CITIES, UNLESS THE CONSTRUCTION IS DONE IN 06 WHOLE OR IN PART WITH STATE FUNDS, OR TO THE CONSTRUCTION OF 07 SCHOOL BUILDINGS WHEN THE CONSTRUCTION AMOUNTS TO LESS 08 THAN $2,000]. 09 * Sec. 38. AS 35.10.180(a) is amended to read: 10 (a) The department shall develop and keep current by periodic revision 11 physical facility procurement and planning policies for [RURAL SCHOOLS,] public 12 buildings [,] and other state facilities [,] and shall develop regulations and guidelines 13 for the implementation of these policies. 14 * Sec. 39. AS 35.15.080(d) is amended to read: 15 (d) Provisions of this title governing planning, design, and construction of 16 public works by the department, and regulations adopted under the provisions, govern 17 the administration of projects assumed by a municipality [OR REGIONAL 18 EDUCATIONAL ATTENDANCE AREA] under this section. For that purpose the 19 provisions supersede any conflicting provisions of ordinance or charter of a 20 municipality. 21 * Sec. 40. AS 35.15.080(f) is amended to read: 22 (f) To carry out the purpose of this section, the commissioner of transportation 23 and public facilities shall adopt regulations relating to the application for and the 24 making and the conditions of agreements and the local assumption of responsibilities 25 for the planning, design, and construction of public works under this section. The 26 commissioner [SHALL INCLUDE IN GRANT CONTRACTS TERMS AND 27 CONDITIONS REQUIRING A REGIONAL SCHOOL BOARD AND ITS 28 CONTRACTORS TO ADHERE TO THE PROVISIONS OF AS 36.05.010 WITH 29 RESPECT TO THE PAYMENT OF WAGE RATES ON CONSTRUCTION 30 PROJECTS AND] may require different terms in agreements for different projects to 31 meet local conditions and unique requirements and to assure compliance with the
01 public facilities procurement policies developed by the department under 02 AS 35.10.160 - 35.10.200. If necessary, the commissioner may require as a condition 03 of an agreement approval of the agreement by the federal government. 04 [REGULATIONS ADOPTED, AMENDED, OR REPEALED BY THE 05 DEPARTMENT UNDER THIS SECTION THAT RELATE TO EDUCATIONAL 06 FACILITIES SHALL BE DEVELOPED IN CONJUNCTION WITH THE ALASKA 07 ASSOCIATION OF SCHOOL BOARDS AND THE ALASKA ASSOCIATION OF 08 SCHOOL ADMINISTRATORS AND REVIEWED BY THOSE ASSOCIATIONS 09 BEFORE FINAL ACTION ON THE REGULATIONS IS TAKEN BY THE 10 DEPARTMENT.] 11 * Sec. 41. AS 35.15.100 is amended to read: 12 Sec. 35.15.100. Responsibility of department. When a municipality [OR 13 REGIONAL EDUCATIONAL ATTENDANCE AREA] has assumed responsibility 14 for a public works project under AS 35.15.080 - 35.15.120, the department is relieved 15 of responsibility to the extent it is assumed by the municipality [OR REGIONAL 16 EDUCATIONAL ATTENDANCE AREA]. The department may provide technical 17 assistance on the responsibility assumed if requested to do so by the municipality [OR 18 AREA] and shall be reasonably compensated for that assistance from the account 19 established under AS 35.15.090. 20 * Sec. 42. AS 35.15.110(a) is amended to read: 21 (a) Before advertisement for bids or construction contract negotiations, the 22 department shall approve both the project site and the land interest in the site [, 23 EXCEPT THAT, IF THE PROJECT INVOLVES CONSTRUCTION OF AN 24 EDUCATIONAL FACILITY, TITLE OR SUFFICIENT INTEREST DETERMINED 25 ACCEPTABLE BY THE DEPARTMENT TO AN APPROVED SITE FOR A 26 SCHOOL BUILDING SHALL BE VESTED IN THE MUNICIPALITY, THE 27 REGIONAL EDUCATIONAL ATTENDANCE AREA, OR THE STATE BEFORE 28 ADVERTISEMENT FOR BIDS OR INITIATION OF CONSTRUCTION 29 CONTRACT NEGOTIATIONS]. 30 * Sec. 43. AS 35.15.120(2) is amended to read: 31 (2) "governing body" means a municipality's [IN THE CASE OF A
01 MUNICIPALITY, ITS] assembly or council [, AND, IN THE CASE OF A 02 REGIONAL EDUCATIONAL ATTENDANCE AREA, ITS REGIONAL SCHOOL 03 BOARD]. 04 * Sec. 44. AS 36.30.850(b)(30) is amended to read: 05 (30) contracts entered into with a regional development organization; 06 in this paragraph, "regional development organization" means a nonprofit 07 organization or nonprofit corporation formed to encourage economic 08 development within a particular region of the state that includes the entire area 09 of each municipality within that region and that has a board of directors that 10 represents the region's economic, political, and social interests [HAS THE 11 MEANING GIVEN IN AS 44.33.895]; 12 * Sec. 45. AS 41.41.070(d) is amended to read: 13 (d) In addition to its employees, the authority may contract for and engage the 14 services of bond counsel, consultants, experts, and financial advisors the authority 15 [CORPORATION] considers necessary for the purpose of developing information, 16 furnishing advice, or conducting studies, investigations, hearings, or other 17 proceedings. 18 * Sec. 46. AS 41.41.090(b) is amended to read: 19 (b) If a member of the board or an employee of the authority acquires, owns, 20 or controls an interest, direct or [OF] indirect, in an entity or project in which assets of 21 the authority are invested, the member shall immediately disclose the interest to the 22 board. The disclosure is a matter of public record and shall be included in the minutes 23 of the first board meeting following the disclosure. 24 * Sec. 47. AS 41.41.310 is amended to read: 25 Sec. 41.41.310. Covenants. In a resolution of the authority authorizing or 26 relating to the issuance of bonds or bond anticipation notes, the authority has power by 27 provisions in the resolution that will constitute covenants of the authority and 28 contracts with the holders of the bonds or bond anticipation notes to 29 (1) pledge to a payment or purpose all or a part of its revenues to 30 which its right then exists or may thereafter come into existence, and the money 31 derived from the revenues, and the proceeds of bonds or notes;
01 (2) covenant as to the use and disposition of payments of principal or 02 interest received by the authority on loans or other investments held by the authority; 03 (3) covenant as to establishment of reserves or sinking funds and the 04 making of provision for and the regulation and disposition of the reserves or sinking 05 funds; 06 (4) covenant with respect to or against limitations on a right to sell or 07 otherwise dispose of property of any kind; 08 (5) covenant as to bonds and notes to be issued, and their limitations, 09 terms, and conditions, and as to the custody, application, and disposition of the 10 proceeds of the bonds and notes; 11 (6) covenant as to the issuance of additional bonds or notes, or as to 12 limitations on the issuance of additional bonds or notes and the incurring of other 13 debts; 14 (7) covenant as to the payment of the principal of or interest on the 15 bonds or notes, as to the sources and methods of the payment, as to the rank or priority 16 of the bonds or notes with respect to a lien or security, or as to the acceleration of the 17 maturity of the bonds or notes; 18 (8) provide for the replacement of lost, stolen, destroyed, or mutilated 19 bonds or notes; 20 (9) covenant as to the redemption of bonds or notes and privileges of 21 their exchange for other bonds or notes of the authority; 22 (10) covenant to create or authorize the creation of special funds of 23 money to be held in pledge or otherwise for operating expenses, payment or 24 redemption of bonds or notes, reserves, or other purposes; 25 (11) establish the procedure, if any, by which the terms of a contract or 26 covenant with or for the benefit of the holders of bonds or notes may be amended or 27 abrogated, the amount of bonds or notes the holders of which must consent to 28 amendment or abrogation, and the manner in which the consent may be given; 29 (12) covenant as to the custody of property or investments, their 30 safekeeping and insurance, and the use and disposition of insurance money; 31 (13) agree with a corporate trustee that may be a trust company or
01 bank having the powers of a trust company within or outside the state as to the 02 pledging or assigning of revenue or funds to which or in which the authority has rights 03 or an interest; the agreement may further provide for other rights and remedies 04 exercisable by the trustee as may be proper for the protection of the holders of a bond 05 or note of the authority and not otherwise in violation of law and may provide for the 06 restriction of the rights of an individual holder of bonds or notes of the authority; 07 (14) appoint and provide for the duties and obligations of a paying 08 agent or paying agents or other fiduciaries as the resolution may provide within or 09 outside the state; 10 (15) limit the rights of the holders of a bond or note to enforce a pledge 11 or covenant securing the bonds or notes; 12 (16) make covenants other than and in addition to the covenants 13 expressly authorized in this section of like or different character, and to make 14 covenants to do or refrain from doing acts and things as may be necessary or 15 convenient and desirable in order to better secure bonds or notes or that, in the 16 absolute discretion of the authority, will tend to make bonds or notes more marketable, 17 notwithstanding that the covenants, acts, or things may not be enumerated in this 18 section. 19 * Sec. 48. AS 41.41.340(a) is amended to read: 20 Sec. 41.41.340. Validity of pledge. (a) The pledge of assets or revenue of the 21 authority to the payment of the principal of or interest on an obligation of the authority 22 is valid and binding from the time the pledge is made, and the assets or revenue 23 become immediately subject to the lien of the pledge without physical delivery or 24 further act. The lien of a pledge is valid and binding against all parties having claims 25 in tort, contract, or otherwise against the authority, irrespective of whether those 26 parties have notice of the lien of the pledge. 27 * Sec. 49. AS 41.41.390(b) is amended to read: 28 (b) Refunding bonds may be sold or exchanged for outstanding bonds issued 29 under this chapter, and, if sold, the proceeds may be applied, subject to appropriation 30 and in addition to another authorized purpose, to the purchase, redemption, or payment 31 of the outstanding obligations. Pending the application of the proceeds of refunding
01 bonds, with any other available funds, to the payment of the principal of, accrued 02 interest on, and redemption premium on the obligations being refunded, and, if so 03 provided or permitted in the resolution authorizing the issuance of the refunding bonds 04 or in the trust agreement securing them, to the payment of any interest on the 05 refunding bonds and expenses in connection with the refunding, the proceeds may be 06 invested in direct obligations of, or obligations the principal of and the interest on 07 which are unconditionally guaranteed by, the United States that mature or that will be 08 subject to redemption, at the option of the holders of them, not later than the respective 09 dates when the proceeds, together with the interest accruing on them, will be required 10 for the purposes intended. 11 * Sec. 50. AS 43.70.110(4) is amended to read: 12 (4) "person" includes an individual, firm, partnership, joint venture 13 [ADVENTURE], association, corporation, estate trust, business trust, receiver, or any 14 group or combination acting as a unit. 15 * Sec. 51. AS 44.23.020(b)(9) is amended to read: 16 (9) prepare, publish, and revise as it becomes useful or necessary to do 17 so an information pamphlet on landlord and tenant rights and the means of making 18 complaints to appropriate public agencies concerning landlord and tenant rights; the 19 contents of the pamphlet and any revision shall be approved by the Department of 20 Law [, DIVISION OF CONSUMER PROTECTION,] before publication. 21 * Sec. 52. AS 44.31.020 is amended to read: 22 Sec. 44.31.020. Duties of department. The Department of Labor and 23 Workforce Development shall 24 (1) enforce the laws, and adopt regulations under them concerning 25 employer-employee relationships, including the safety, hours of work, wages, and 26 conditions of workers, including children; 27 (2) accumulate, analyze, and report labor statistics; 28 (3) operate systems of workers' compensation and unemployment 29 insurance; 30 (4) gather data reflecting the cost of living in the various election 31 districts of the state upon request of the director of personnel under AS 39.27.030; in
01 this paragraph, "election district" has the meaning given in AS 39.27.020(b); 02 (5) operate the federally funded employment and training programs 03 under 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998); and 04 (6) administer the state's program of adult basic education and adopt 05 regulations to administer the program. 06 * Sec. 53. AS 45.01.206(b) is amended to read: 07 (b) Subsection (a) of this section does not apply to contracts for the sale of 08 goods (AS 45.02.201) or securities (AS 45.08.113), or to security agreements 09 (AS 45.29.203) [(AS 45.09.203)]. 10 * Sec. 54. AS 45.45.210 is amended to read: 11 Sec. 45.45.210. Disclosure of regulation. The following statement shall be 12 conspicuously printed, either on the invoice or on another form given to every 13 customer for whom the shop performs repairs: 14 "Motor vehicle repair trade practices are regulated by Alaska Statutes 15 45.45.130 - 45.45.240, administered by the [CONSUMER 16 PROTECTION SECTION,] Alaska Department of Law." 17 * Sec. 55. AS 45.50.475(d) is amended to read: 18 (d) A person who employs individuals to engage in telephone solicitations is 19 not liable for the violation of this section [AS 45.50.475] if an employee solicits a 20 residential telephone customer who is identified in the telephone directory as not 21 wishing to receive telephone solicitations if the person established that 22 (1) the person has adopted and implemented written procedures to 23 comply with (a) of this section including corrective actions where appropriate; 24 (2) the person has trained its personnel in the procedures established 25 under (1) of this subsection; 26 (3) the call that violated this section [AS 45.50.475] was made 27 contrary to the procedures and policies established by the person; and 28 (4) calls on behalf of the person that result in violations of this section 29 [AS 45.50.475] are infrequent. 30 * Sec. 56. AS 45.50.475(e) is amended to read: 31 (e) An individual who solicits a residential telephone customer who is
01 identified in the telephone directory as not wishing to receive telephone solicitations is 02 not liable for the violation of this section [AS 45.50.475] if the individual establishes 03 that the individual did not intend to make a call in violation of this section 04 [AS 45.50.475] and did not recklessly disregard information or policies and 05 procedures that would have avoided the improper call. 06 * Sec. 57. AS 45.50.561 is amended by adding a new subsection to read: 07 (b) AS 45.50.471 - 45.50.561 may be cited as the Alaska Unfair Trade 08 Practices and Consumer Protection Act. 09 * Sec. 58. AS 45.50 is amended by adding a new section to article 4 to read: 10 Sec. 45.50.598. Short title. AS 45.50.562 - 45.50.598 may be cited as the 11 Alaska Restraint of Trade Act. 12 * Sec. 59. AS 47.05.012(9) is amended to read: 13 (9) the compendium of animal rabies prevention and control, 2002, 14 published by the United States Centers for Disease Control and Prevention; 15 * Sec. 60. AS 47.07.020(b) is amended to read: 16 (b) In addition to the persons specified in (a) of this section, the following 17 optional groups of persons for whom the state may claim federal financial 18 participation are eligible for medical assistance: 19 (1) persons eligible for but not receiving assistance under any plan of 20 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 21 Supplemental Security Income) or the [A] federal Temporary Assistance for Needy 22 Families program [DESIGNATED AS THE SUCCESSOR TO THE AID TO 23 FAMILIES WITH DEPENDENT CHILDREN PROGRAM]; 24 (2) persons in a general hospital, skilled nursing facility, or 25 intermediate care facility, who, if they left the facility, would be eligible for assistance 26 under one of the federal programs specified in (1) of this subsection; 27 (3) persons under age 21 who are under supervision of the department, 28 for whom maintenance is being paid in whole or in part from public funds, and who 29 are in foster homes or private child-care institutions; 30 (4) aged, blind, or disabled persons, who, because they do not meet 31 income and resources requirements, do not receive supplemental security income
01 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 02 receive a mandatory state supplement, but who are eligible, or would be eligible if 03 they were not in a skilled nursing facility or intermediate care facility, to receive an 04 optional state supplementary payment; 05 (5) persons under age 21 who are in an institution designated as an 06 intermediate care facility for the mentally retarded and who are financially eligible as 07 determined by the standards of the federal Temporary Assistance for Needy 08 Families program [DESIGNATED AS THE SUCCESSOR TO THE AID TO 09 FAMILIES WITH DEPENDENT CHILDREN PROGRAM]; 10 (6) persons in a medical or intermediate care facility whose income 11 while in the facility does not exceed 300 percent of the supplemental security income 12 benefit rate under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act) but who 13 would not be eligible for an optional state supplementary payment if they left the 14 hospital or other facility; 15 (7) persons under age 21 who are receiving active treatment in a 16 psychiatric hospital and who are financially eligible as determined by the standards of 17 the federal Temporary Assistance for Needy Families program [DESIGNATED AS 18 THE SUCCESSOR TO THE AID TO FAMILIES WITH DEPENDENT CHILDREN 19 PROGRAM]; 20 (8) persons under age 21 and not covered under (a) of this section, who 21 would be eligible for benefits under the federal Temporary Assistance for Needy 22 Families program [DESIGNATED AS THE SUCCESSOR TO THE AID TO 23 FAMILIES WITH DEPENDENT CHILDREN PROGRAM], except that they have 24 the care and support of both their natural and adoptive parents; 25 (9) pregnant women not covered under (a) of this section and who 26 meet the income and resource requirements of the federal Temporary Assistance for 27 Needy Families program [DESIGNATED AS THE SUCCESSOR TO THE AID TO 28 FAMILIES WITH DEPENDENT CHILDREN PROGRAM]; 29 (10) persons under age 21 not covered under (a) of this section who the 30 department has determined cannot be placed for adoption without medical assistance 31 because of a special need for medical or rehabilitative care and who the department
01 has determined are hard-to-place children eligible for subsidy under AS 25.23.190 - 02 25.23.220; 03 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 04 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 05 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 06 XVI, Social Security Act) because they meet all of the following criteria: 07 (A) they are 18 years of age or younger and qualify as disabled 08 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 09 (B) the department has determined that 10 (i) they require a level of care provided in a hospital, 11 nursing facility, or intermediate care facility for the mentally retarded; 12 (ii) it is appropriate to provide their care outside of an 13 institution; and 14 (iii) the estimated amount that would be spent for 15 medical assistance for their individual care outside an institution is not 16 greater than the estimated amount that would otherwise be expended 17 individually for medical assistance within an appropriate institution; 18 (C) if they were in a medical institution, they would be eligible 19 for medical assistance under other provisions of this chapter; and 20 (D) home and community-based services under a waiver 21 approved by the federal government are either not available to them under this 22 chapter or would be inappropriate for them; 23 (12) disabled persons, as described in 42 U.S.C. 24 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 25 applicable federal regulations or guidelines, is less than 250 percent of the official 26 poverty line applicable to a family of that size according to the federal Office of 27 Management and Budget, and who, but for earnings in excess of the limit established 28 under 42 U.S.C. 1396d(q)(2)(B), would be considered to be individuals with respect to 29 whom a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c; a 30 person eligible for assistance under this paragraph who is not eligible under another 31 provision of this section shall pay a premium or other cost-sharing charges according
01 to a sliding fee scale that is based on income as established by the department in 02 regulations; 03 (13) persons under age 19 who are not covered under (a) of this section 04 and whose household income does not exceed 200 percent of the federal poverty 05 guideline as defined by the federal office of management and budget and revised 06 under 42 U.S.C. 9902(2); 07 (14) pregnant women who are not covered under (a) of this section and 08 whose household income does not exceed 200 percent of the federal poverty line as 09 defined by the federal office of management and budget and revised under 42 U.S.C. 10 9902(2). 11 * Sec. 61. AS 47.07.035(26) is amended to read: 12 (26) individuals under age 21 who are not eligible for benefits under 13 the federal Temporary Assistance for Needy Families program [DESIGNATED AS 14 THE SUCCESSOR TO THE AID TO FAMILIES WITH DEPENDENT CHILDREN 15 PROGRAM] because they are not deprived of one or more of their natural or adoptive 16 parents; 17 * Sec. 62. AS 47.10.093(b)(1) is amended to read: 18 (1) a guardian ad litem appointed by the court [OR TO A CITIZEN 19 REVIEW BOARD OR LOCAL REVIEW PANEL FOR PERMANENCY 20 PLANNING AUTHORIZED BY AS 47.14.200 OR 47.14.220]; 21 * Sec. 63. AS 47.12.315(d) is amended to read: 22 (d) When required by this section to disclose information, 23 (1) the department or other agency may not disclose the name of an 24 out-of-home care provider [, AS THAT TERM IS DEFINED IN AS 47.14.299,] with 25 whom the minor was living at the time the minor was alleged to have committed the 26 offense if the minor had been placed in out-of-home care with that provider on other 27 than a permanent or long-term basis; in this paragraph, "out-of-home care 28 provider" means an agency or person, other than the child's legal parents, with 29 whom a child who is in the custody of the state under AS 47.10.080(c)(1) or (3), 30 47.10.142, or AS 47.14.100(c) is currently placed; "agency or person" includes a 31 foster parent, a relative other than a parent, a person who has petitioned for
01 adoption of the child, and a residential child care facility; 02 (2) if the department or other agency maintains the information to be 03 disclosed by electronic means that can be recovered from a computer data base, the 04 department or agency may disclose the information in that medium. 05 * Sec. 64. AS 47.14.100(i) is amended to read: 06 (i) A child may not be placed with an out-of-home care provider [, AS 07 DEFINED IN AS 47.14.299,] if the department determines that the child can remain 08 safely at home with one parent or guardian. In this subsection, "out-of-home care 09 provider" means an agency or person, other than the child's legal parents, with 10 whom a child who is in the custody of the state under AS 47.10.080(c)(1) or (3), 11 47.10.142, or AS 47.14.100(c) is currently placed; "agency or person" includes a 12 foster parent, a relative other than a parent, a person who has petitioned for 13 adoption of the child, and a residential child care facility; 14 * Sec. 65. AS 47.27.005(4) is amended to read: 15 (4) adopt methods of program administration to ensure consistency 16 with the federal requirements under the [A SUCCESSOR] federal Temporary 17 Assistance for Needy Families program [THAT REPLACES THE AID TO 18 FAMILIES WITH DEPENDENT CHILDREN PROGRAM]; 19 * Sec. 66. AS 47.27.015(b) is amended to read: 20 (b) A family is not eligible for cash assistance or self-sufficiency services 21 under this chapter for a period of 120 months beginning on the date the adult applicant 22 for the family is convicted of having fraudulently misrepresented the applicant's 23 residence in order to receive cash assistance or self-sufficiency services in more than 24 one state under a program financed with federal money under the [ANY 25 SUCCESSOR] federal Temporary Assistance for Needy Families program [THAT 26 REPLACES THE AID TO FAMILIES WITH DEPENDENT CHILDREN 27 PROGRAM]. 28 * Sec. 67. AS 47.27.020(b) is amended to read: 29 (b) On the application, each applicant shall attest to whether the family, at any 30 time, has received cash assistance or self-sufficiency services from another state 31 program that was established with federal money under the [ANY SUCCESSOR]
01 federal Temporary Assistance for Needy Families program [THAT REPLACES 02 THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM] and 03 whether the family has ever been disqualified from receiving cash assistance or self- 04 sufficiency services under the [A SUCCESSOR] federal Temporary Assistance for 05 Needy Families program [THAT REPLACES AID TO FAMILIES WITH 06 DEPENDENT CHILDREN] for the period for which the application has been 07 submitted. 08 * Sec. 68. AS 11.46.480(b)(5); AS 44.66.010(a)(17); AS 47.10.080(m), 47.10.080(n), 09 47.10.142(g); AS 47.12.120(h); AS 47.14.200, 47.14.210, 47.14.220, 47.14.230, 47.14.240, 10 47.14.250, 47.14.260, 47.14.270, 47.14.280, and 47.14.299 are repealed. 11 * Sec. 69. Sections 11 and 44 of this Act take effect on the date AS 44.33.895 is repealed 12 under sec. 2, ch. 43, SLA 2000, as sec. 2, ch. 43, SLA 2000, may be amended from time to 13 time. 14 * Sec. 70. Section 22 of this Act takes effect on the effective date set out in sec. 3, ch. 58, 15 SLA 1997, as amended by sec. 7, ch. 94, SLA 2001, 9 and as it may be amended from time to 16 time. 17 * Sec. 71. Section 54 of this Act takes effect January 1, 2004. 18 * Sec. 72. Except as provided in secs. 69 - 71 of this Act, this Act takes effect immediately 19 under AS 01.10.070(c).