CSHB 410(JUD): "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 410(JUD) 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 04.11.499(2) is amended to read: 05 (2) "send" means to cause to be taken or distributed or to attempt or 06 solicit to cause to be taken or distributed, and includes use of the United States Postal 07 Service [POST OFFICE]; 08 * Sec. 2. AS 09.45.825 is amended to read: 09 Sec. 09.45.825. Procedure applicable. Except as otherwise provided in 10 AS 09.45.800 - 09.45.880, the Alaska Rules of Civil Procedure [COURT RULES 11 OF CIVIL PROCEDURE] shall apply to actions authorized by AS 09.45.800 - 12 09.45.880. 13 * Sec. 3. AS 09.45.830 is amended to read: 14 Sec. 09.45.830. Jurisdiction. Upon the completion of the service, publication
01 and posting of the summons, as may be required by AS 09.45.800 - 09.45.880 and the 02 Alaska Rules of Civil Procedure [COURT RULES OF CIVIL PROCEDURE], the 03 court has complete jurisdiction over the parties plaintiff or plaintiffs and the entire real 04 property described in the complaint as intended to be affected by the action and over 05 the person of everyone having or claiming an estate, right, title, or interest in or to, or 06 lien upon, all or any part of the property and shall be considered to have obtained the 07 possession and control of the property for the purposes of the action with complete 08 jurisdiction to render the judgment provided for in AS 09.45.800 - 09.45.880. 09 * Sec. 4. AS 09.55.536(a) is amended to read: 10 (a) In an action for damages due to personal injury or death based upon the 11 provision of professional services by a health care provider, including a person 12 providing services on behalf of a governmental entity, when the parties have not 13 agreed to arbitration of the claim under AS 09.55.535, the court shall appoint within 14 20 days after the filing of an answer to a summons and complaint a three-person 15 expert advisory panel unless the court decides that an expert advisory opinion is not 16 necessary for a decision in the case. When the action is filed, the court shall, by order, 17 determine the professions or specialties to be represented on the expert advisory panel, 18 giving the parties the opportunity to object or make suggestions. 19 * Sec. 5. AS 09.65.161 is amended to read: 20 Sec. 09.65.161. Immunity for disclosure of required health care data. A 21 person who reports health care data required to be reported under AS 18.05 and 22 regulations adopted under that chapter for conditions or diseases of public health 23 importance [SIGNIFICANCE] may not be held liable for the disclosure to the 24 Department of Health and Social Services or for the use of the data by the department. 25 * Sec. 6. AS 11.46.130(a) is amended to read: 26 (a) A person commits the crime of theft in the second degree if the person 27 commits theft as defined in AS 11.46.100 and 28 (1) the value of the property or services is $500 or more but less than 29 $25,000; 30 (2) the property is a firearm or explosive; 31 (3) the property is taken from the person of another;
01 (4) the property is taken from a vessel and is vessel safety or survival 02 equipment; 03 (5) the property is taken from an aircraft and the property is aircraft 04 safety or survival equipment; 05 (6) the value of the property is $50 or more but less than $500 and, 06 within the preceding five years, the person has been convicted and sentenced on two 07 or more separate occasions in this or another jurisdiction of 08 (A) an offense under AS 11.46.120, or an offense under 09 another law or ordinance with similar elements; 10 (B) a crime set out in this subsection or an offense under 11 another law or ordinance with similar elements; 12 (C) an offense under AS 11.46.140(a)(1), or an offense under 13 another law or ordinance with similar elements; or 14 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 15 offense under another law or ordinance with similar elements; or 16 (7) the property is an access device. 17 * Sec. 7. AS 11.46.220(c) is amended to read: 18 (c) Concealment of merchandise is 19 (1) a class C felony if 20 (A) the merchandise is a firearm; 21 (B) the value of the merchandise is $500 or more; or 22 (C) the value of the merchandise is $50 or more but less than 23 $500 and, within the preceding five years, the person has been convicted and 24 sentenced on two or more separate occasions in this or another jurisdiction of 25 [THE OFFENSE OF] 26 (i) the offense of concealment of merchandise under 27 this paragraph or (2)(A) of this subsection, or an offense under another 28 law or ordinance with similar elements; or 29 (ii) an offense under AS 11.46.120, 11.46.130, or 30 11.46.140(a)(1), or an offense under another law or ordinance with 31 similar elements;
01 (2) a class A misdemeanor if 02 (A) the value of the merchandise is $50 or more but less than 03 $500; or 04 (B) the value of the merchandise is less than $50 and, within 05 the preceding five years, the person has been convicted and sentenced on two 06 or more separate occasions of the offense of concealment of merchandise or 07 theft in any degree, or an offense under another law or ordinance with similar 08 elements; 09 (3) a class B misdemeanor if the value of the merchandise is less than 10 $50. 11 * Sec. 8. AS 14.03.123(c) is amended to read: 12 (c) The state board shall adopt regulations implementing this section, 13 providing for a statewide student assessment system, and providing for the process of 14 assigning a designation under (a) of this section, including 15 (1) the methodology used to assign the performance designation, 16 including the measures used and their relative weights; 17 (2) high performance [ACHIEVEMENT] and low performance 18 [ACHIEVEMENT] designations that are based on the accountability system under this 19 section; 20 (3) a procedure for appealing a designation that may be used by the 21 principal of a public school or by the superintendent of a public school district; 22 (4) additional measures that may be progressively implemented by the 23 commissioner to assist schools or districts to improve performance in accordance with 24 this section and with federal law; to the extent necessary to conform to federal law, the 25 additional measures may be unique to a certain school or district if that school or 26 district receives federal funding that is not available to all schools or districts in the 27 state. 28 * Sec. 9. AS 14.03.123(d) is amended to read: 29 (d) A public school or district that receives a low performance 30 [ACHIEVEMENT] designation under this section shall prepare and submit to the 31 department a school or district improvement plan, as applicable, in accordance with
01 regulations adopted by the board. The improvement plan must be prepared with the 02 maximum feasible public participation of the community including, as appropriate, 03 interested individuals, teachers, parents, parent organizations, students, tribal 04 organizations, local government representatives, and other community groups. 05 * Sec. 10. AS 14.03.123(e) is amended to read: 06 (e) The department shall establish a program of special recognition for those 07 public schools that receive a high performance [ACHIEVEMENT] designation. 08 * Sec. 11. AS 14.60.010(6) is amended to read: 09 (6) "public schools" include elementary schools, high schools, 10 citizenship night schools for adults, and other public educational institutions that 11 [WHICH] may be established; [HOWEVER, NOTHING IN THIS TITLE 12 INCLUDES SCHOOLS FOR ALASKA NATIVES UNDER THE CONTROL OF 13 THE FEDERAL GOVERNMENT AND ADMINISTERED AND SUPERVISED 14 THROUGH THE BUREAU OF INDIAN AFFAIRS;] 15 * Sec. 12. AS 15.07.137 is amended to read: 16 Sec. 15.07.137. Voting information from municipalities. Within 60 days 17 after each election held in a municipality, the municipal clerk shall certify and send to 18 the director the official registration list containing the names, residence addresses, and 19 voter identification numbers of all persons voting in each precinct in that election. 20 The names of the persons who voted in the municipal election shall be indicated on the 21 official registration list sent to the director by the municipal clerk. 22 * Sec. 13. AS 15.10.105(a) is amended to read: 23 (a) The division of elections is created. The lieutenant governor shall control 24 and supervise the division of elections. The lieutenant governor shall appoint a 25 director of elections. The director shall act for the lieutenant governor in the 26 supervision of central and regional election offices, the hiring, performance 27 evaluation, promotion, termination, and all other matters relating to the employment 28 and training of election personnel, and the administration of all state elections as well 29 as those municipal elections that the state is required to conduct. The director is 30 responsible for the coordination of state responsibilities under 42 U.S.C. 1973gg 31 (National Voter Registration Act of 1993). The director serves at the pleasure of the
01 lieutenant governor. 02 * Sec. 14. AS 15.20.072(c) is amended to read: 03 (c) If the request for a special needs ballot is made through a representative, 04 the representative shall sign a register provided by an election official. The register 05 must include the following information: 06 (1) the representative's name; 07 (2) the representative's residence and mailing address; 08 (3) the representative's social security number, voter identification 09 number, or date of birth; 10 (4) the name of the voter on whose behalf the representative is 11 requesting a ballot and voting materials; 12 (5) an oath that the representative 13 (A) is receiving a ballot and voting materials on behalf of the 14 voter; 15 (B) will not vote the ballot for the voter; 16 (C) will not coerce the voter; 17 (D) will not divulge the vote cast by the voter; and 18 (E) has been notified that unlawful interference with voting is 19 punishable under AS 15.56.030; 20 (6) the representative's signature. 21 * Sec. 15. AS 15.60.010 is amended by adding a new paragraph to read: 22 (42) "division" means the division of elections created under 23 AS 15.10.105. 24 * Sec. 16. AS 21.89.080(b) is amended to read: 25 (b) An electronic transaction under this section must comply with AS 09.80 26 [AS 09.25.500 - 09.25.520]. 27 * Sec. 17. AS 23.30 is amended by adding a new section to read: 28 Sec. 23.30.002. Division of workers' compensation; director. The division 29 of workers' compensation is established in the department. The commissioner shall 30 appoint the director of the division of workers' compensation. 31 * Sec. 18. AS 24.60 is amended by adding a new section to read:
01 Sec. 24.60.995. Short title. This chapter may be cited as the Legislative Ethics 02 Act. 03 * Sec. 19. AS 26.23.040(e)(12) is amended to read: 04 (12) to the extent that money is available from an appropriation for the 05 purposes of this paragraph, 06 (A) award grants for the purpose of forming local emergency 07 planning committees under AS 26.23.073; 08 (B) in order to comply with 49 U.S.C. 5116(a)(2)(B) [49 09 U.S.C. APPX. 1815(a)(3)], make funds available to local emergency planning 10 committees for developing and maintaining emergency plans under 11 AS 26.23.073 and 26.23.075; 12 (C) make funds available to local emergency planning 13 committees to implement 42 U.S.C. 11022(e) and 42 U.S.C. 11044; and 14 (D) award grants for training local emergency planning 15 committees and for training and equipping the emergency response 16 organizations identified in the local plans that execute the plans developed by 17 the committees under AS 26.23.073 and 26.23.075. 18 * Sec. 20. AS 28.10.181(p) is amended to read: 19 (p) Vehicles owned by veterans. The department, upon receipt of written proof 20 that the veteran is a sole or joint owner of a motor vehicle, shall issue special 21 registration plates for the motor vehicle to a requesting person who is a veteran or 22 retired veteran of the armed forces of the United States. The commissioner, after 23 consulting with the person in the Department of Military and Veterans' Affairs in 24 charge of veterans' affairs [DIRECTOR OF THE DIVISION OF VETERANS 25 AFFAIRS], shall determine the design and color of the veteran or retired veteran 26 plates. 27 * Sec. 21. AS 28.10.181(q) is amended to read: 28 (q) Vehicles owned by recipients of the Purple Heart. The department, upon 29 receipt of written proof that the person is the sole or joint owner of a motor vehicle, 30 shall issue special registration plates for the motor vehicle to a requesting person who 31 has received the Purple Heart medal awarded for wounds suffered in action against an
01 armed enemy or as a result of the hostile action of an armed enemy. The 02 commissioner, after consulting with the person in the Department of Military and 03 Veterans' Affairs in charge of veterans' affairs [DIRECTOR OF THE DIVISION 04 OF VETERANS AFFAIRS], shall determine the design and color of the Purple Heart 05 medal recipient plates. 06 * Sec. 22. AS 29.05.200(b) is amended to read: 07 (b) Before August 31 of each fiscal year, the department shall submit a report 08 to the office of management and budget [DEPARTMENT OF 09 ADMINISTRATION] indicating 10 (1) each municipality expected to qualify to receive an organization 11 grant during the next fiscal year; 12 (2) the amount of money needed to cover all organization grants 13 expected to be awarded during the next fiscal year. 14 * Sec. 23. AS 32.11.220 is amended to read: 15 Sec. 32.11.220. Sharing of profits and losses. The profits and losses of a 16 limited partnership shall be allocated among the partners, and among classes of 17 partners, in the manner provided in writing in the partnership agreement. If the 18 partnership agreement does not specify the allocation in writing, profits and losses 19 shall be allocated on the basis of the value, as stated in the partnership records 20 required to be kept under AS 32.11.840, of the contributions made by each partner to 21 the extent they have been received by the partnership and have not been returned. 22 * Sec. 24. AS 32.11.230 is amended to read: 23 Sec. 32.11.230. Allocation of distributions. Distributions of cash or other 24 assets of a limited partnership shall be allocated among the partners and among classes 25 of partners in the manner provided in writing in the partnership agreement. If the 26 partnership agreement does not specify the allocation in writing, distributions shall be 27 made on the basis of the value, as stated in the partnership records required to be kept 28 under AS 32.11.840, of the contributions made by each partner to the extent they have 29 been received by the partnership and have not been returned. 30 * Sec. 25. AS 32.11.300 is amended to read: 31 Sec. 32.11.300. Limitations on distribution. A partner may not receive a
01 distribution from a limited partnership to the extent that, after giving effect to the 02 distribution, all liabilities of the limited partnership, other than liabilities to partners on 03 account of their partnership interests [INTEREST], exceed the fair value of the 04 partnership assets. 05 * Sec. 26. AS 36.30.170(e) is amended to read: 06 (e) If a bidder qualifies under (b) of this section as an Alaska bidder, is a 07 qualifying entity, and is the lowest responsible and responsive bidder with a bid that is 08 not more than 10 percent higher than the lowest bid, the procurement officer shall 09 award the contract to that bidder. This subsection does not give a bidder who would 10 otherwise qualify for a preference under this subsection a preference over another 11 bidder who would otherwise qualify for a preference under this subsection or (f) of 12 this section. In this subsection, "qualifying entity" means a 13 (1) sole proprietorship owned by a person with a disability; 14 (2) partnership under former AS 32.05, AS 32.06, or AS 32.11 if each 15 of the partners is a person with a disability; 16 (3) limited liability company organized under AS 10.50 if each of the 17 members is a person with a disability; or 18 (4) corporation that is wholly owned by individuals and each of the 19 individuals is a person with a disability. 20 * Sec. 27. AS 37.05.530(a) is amended to read: 21 (a) The National Petroleum Reserve - Alaska special revenue fund is 22 established. The fund consists of all money disbursed to the state by the federal 23 government under 42 U.S.C. 6506a(l) and former 42 U.S.C. 6508 (P.L. 96-514) since 24 December 12, 1980, less the amount deposited in the general fund and expended by 25 the state by general fund appropriations before June 9, 1984. 26 * Sec. 28. AS 37.05.530(c) is amended to read: 27 (c) The Department of Commerce, Community, and Economic Development 28 shall adopt regulations under which municipalities impacted by National Petroleum 29 Reserve - Alaska oil and gas development under 42 U.S.C. 6506a or former 42 30 U.S.C. 6508 may apply for and be eligible to receive grants to alleviate the impact. 31 The department shall give priority in the allocation of grants to municipalities that are
01 experiencing or will experience the most direct or severe impact from oil and gas 02 development under 42 U.S.C. 6506a or former 42 U.S.C. 6508 within the National 03 Petroleum Reserve - Alaska. The department shall fund all meritorious grant 04 applications out of the money appropriated to it each year. Within 10 days after the 05 convening of each regular session of the legislature, the department shall submit to the 06 legislature a list of all municipalities that have received grants, a list of all 07 municipalities determined by the department to be eligible for further grants, a 08 recommendation of the amount of money to be granted for those additional 09 applications, and written justification of each past and potential grant. 10 * Sec. 29. AS 37.05.530(d) is amended to read: 11 (d) It is the intent of the legislature that each year all of the money in the 12 National Petroleum Reserve - Alaska special revenue fund be made available for 13 appropriation by the legislature to municipalities that demonstrate under (c) of this 14 section present impact, or the need to determine or plan for future impact, from oil and 15 gas development under 42 U.S.C. 6506a or former 42 U.S.C. 6508. It is the intent of 16 the legislature that an initial appropriation be made to the Department of Commerce, 17 Community, and Economic Development to cover anticipated impact grants, and that 18 additional funds be made available through supplemental appropriations if the impact 19 is greater than anticipated and the legislature considers the additional grants proposed 20 by the department to be meritorious. 21 * Sec. 30. AS 37.05.530(e) is amended to read: 22 (e) A municipality may use the funds received under (d) of this section only 23 for the following activities and services to alleviate the impact of the oil and gas 24 development under 42 U.S.C. 6506a or former 42 U.S.C. 6508 within the National 25 Petroleum Reserve - Alaska: 26 (1) planning; 27 (2) construction, maintenance, and operation of essential public 28 facilities by the municipality; and 29 (3) other necessary public services provided by the municipality. 30 * Sec. 31. AS 37.05.530(g) is amended to read: 31 (g) Amounts received by the state under 42 U.S.C. 6506a(l) or former 42
01 U.S.C. 6508 and not appropriated for grants to municipalities under (d) of this section 02 shall be deposited at the end of each fiscal year as follows: (1) 25 percent to the 03 principal of the Alaska permanent fund; and (2) .5 percent to the public school trust 04 fund (AS 37.14.110). The amounts remaining after the deposits to the Alaska 05 permanent fund and the public school trust fund may be appropriated to the power cost 06 equalization and rural electric capitalization fund (AS 42.45.100). The amounts 07 remaining after any appropriation to the power cost equalization and rural electric 08 capitalization fund shall lapse into the general fund for use by the state for the 09 following facilities and services: planning; construction, maintenance, and operation 10 of essential public facilities; and other necessary public services. 11 * Sec. 32. AS 39.35.680(20) is amended to read: 12 (20) "former member" means an employee who is terminated and who 13 has received a total refund of the balance of the employee contribution account [,] or 14 who has requested in writing a refund of the balance in the employee contribution 15 account [, OR WHO IS ELIGIBLE FOR A REFUND UNDER AS 39.35.200(b)]; 16 * Sec. 33. AS 39.50.200(a) is amended to read: 17 (a) In this chapter, 18 (1) "assistant to the governor or the lieutenant governor" includes any 19 executive, legislative, special, administrative, or press assistant to the governor or 20 lieutenant governor, and any person similarly employed in a policy-making position; 21 (2) "child" includes a biological child, an adoptive child, and a 22 stepchild; 23 (3) "commission" means the Alaska Public Offices Commission 24 created under AS 15.13.020(a); 25 (4) "domestic partner" means a person who is cohabiting with another 26 person in a relationship that is like a marriage but that is not a legal marriage; 27 (5) "instrumentality of the state" means a state department or agency, 28 whether in the legislative, judicial, or executive branch, including the University of 29 Alaska; 30 (6) "judicial officer" means a person appointed as a justice to the 31 supreme court or as a judge to the court of appeals, superior court, district court, or
01 magistrate court; 02 (7) "mother or father" includes a biological parent, an adoptive parent, 03 and a step-parent; 04 (8) "municipal officer" includes a borough or city mayor, borough 05 assemblyman, city councilman, school board member, elected utility board member, 06 city or borough manager, members of a city or borough planning or zoning 07 commission within a home rule or general law city or borough, or a unified 08 municipality; 09 (9) "public official" means 10 (A) a judicial officer; 11 (B) the governor or the lieutenant governor; 12 (C) a person hired or appointed in a department in the 13 executive branch as 14 (i) the head or deputy head of the department; 15 (ii) the director or deputy director of a division; 16 (iii) a special assistant to the head of the department; 17 (iv) a person serving as the legislative liaison for the 18 department; 19 (D) an assistant to the governor or the lieutenant governor; 20 (E) the chair or a member of a state commission or board; 21 (F) state investment officers and the state comptroller in the 22 Department of Revenue; 23 (G) the chief procurement officer appointed under 24 AS 36.30.010; 25 (H) the executive director of the Alaska Workforce Investment 26 Board; [AND] 27 (I) each appointed or elected municipal officer; and 28 (J) the members of the board of trustees, the executive 29 director, and the investment officers of the Alaska Permanent Fund 30 Corporation; 31 (10) "source of income" means the entity for which service is
01 performed or that is otherwise the origin of payment; if the person whose income is 02 being reported is employed by another, the employer is the source of income; but if 03 the person is self-employed by means of a sole proprietorship, partnership, 04 professional corporation, or a corporation in which the person, the person's spouse or 05 domestic partner, or the person's dependent children, or a combination of them, hold a 06 controlling interest, the "source" is the client or customer of the proprietorship, 07 partnership, or corporation, but, if the entity that is the origin of payment is not the 08 same as the client or customer for whom the service is performed, both are considered 09 the source. 10 * Sec. 34. AS 39.50.200(b)(42) is amended to read: 11 (42) [BOARD OF TRUSTEES, EXECUTIVE DIRECTOR, AND 12 INVESTMENT OFFICERS OF THE] Alaska Permanent Fund Corporation 13 (AS 37.13.040); 14 * Sec. 35. AS 39.52 is amended by adding a new section to read: 15 Sec. 39.52.965. Short title. This chapter may be cited as the Alaska Executive 16 Branch Ethics Act. 17 * Sec. 36. AS 42.45.010(b) is amended to read: 18 (b) The authority may make loans from the power project fund 19 (1) to electric utilities, regional electric authorities, municipalities, 20 regional and village corporations, village councils, independent power producers, and 21 nonprofit marketing cooperatives to pay the costs of 22 (A) reconnaissance studies, feasibility studies, license and 23 permit applications, preconstruction engineering, and design of power projects; 24 (B) constructing, equipping, modifying, improving, and 25 expanding small-scale power production facilities that are designed to produce 26 less than 10 megawatts of power, bulk fuel storage facilities, and transmission 27 and distribution facilities, including energy production, transmission and 28 distribution, waste energy, energy conservation, energy efficiency, and 29 alternative energy facilities and equipment; and 30 (C) reconnaissance studies, preconstruction engineering, 31 design, construction, equipping, modification, and expansion of potable water
01 supply including surface storage and groundwater sources and transmission of 02 water from surface storage to existing distribution systems; 03 (2) to a borrower for a power project or for bulk fuel, waste energy, 04 energy conservation, energy efficiency, or alternative energy facilities or equipment if 05 (A) the loan is entered into under a leveraged lease financing 06 arrangement; 07 (B) the party that will be responsible for the power project or 08 the bulk fuel, waste energy, energy conservation, energy efficiency, or 09 alternative energy facilities or equipment is an electric utility, regional 10 electric authority, municipality, regional or village corporation, village council, 11 independent power producer, or nonprofit marketing cooperative; and 12 (C) the borrower seeking the loan demonstrates to the authority 13 that the financing arrangement for the power project or the bulk fuel, waste 14 energy, energy conservation, energy efficiency, or alternative energy 15 facilities or equipment will reduce [PROJECT] financing costs for the 16 project, facilities, or equipment below costs of comparable public power 17 projects, facilities, or equipment. 18 * Sec. 37. AS 43.55.013(g) is amended to read: 19 (g) The monthly production rate at the economic limit for a lease or property 20 is presumed to be 3,000 Mcf times the number of well days for the lease or property 21 during that month for which the tax is to be paid. The taxpayer may rebut this 22 presumption by providing clear and convincing evidence of a different monthly 23 production rate at the economic limit for the lease or property. The hearing shall be 24 held before February 15 of the year or within six months after commencement of gas 25 production for a lease or property. The monthly production rate at the economic limit 26 for the lease or property based upon the clear and convincing evidence of the taxpayer 27 shall be calculated by dividing the value determined under (i) of this section into the 28 average monthly direct operating cost determined under (h) of this section. 29 * Sec. 38. AS 43.76.399 is amended by adding new paragraphs to read: 30 (3) "qualified regional seafood development association" means an 31 association designated as qualified under AS 44.33.065(a);
01 (4) "seafood development region" means a region established under 02 AS 44.33.065(b). 03 * Sec. 39. AS 44.33.502 is amended to read: 04 Sec. 44.33.502. Regional competitions. Four regional competitions shall be 05 held each summer in the first, second, third, and fourth judicial districts 06 established in AS 22.10.010 [SOUTHEASTERN, SOUTHCENTRAL, CENTRAL, 07 AND NORTHWESTERN SENATORIAL DISTRICTS]. First place and honorable 08 mention awards shall be made in each category and one grand prize award and one 09 honorable mention award shall be made for each region. 10 * Sec. 40. AS 46.40.210(1) is amended to read: 11 (1) "area which merits special attention" means a delineated 12 geographic area within the coastal area which is sensitive to change or alteration and 13 which, because of plans or commitments or because a claim on the resources within 14 the area delineated would preclude subsequent use of the resources to a conflicting or 15 incompatible use, warrants special management attention, or which, because of its 16 value to the general public, should be identified for current or future planning, 17 protection, or acquisition; these areas, subject to the department's [COUNCIL] 18 definition of criteria for their identification, include: 19 (A) areas of unique, scarce, fragile or vulnerable natural 20 habitat, cultural value, historical significance, or scenic importance; 21 (B) areas of high natural productivity or essential habitat for 22 living resources; 23 (C) areas of substantial recreational value or opportunity; 24 (D) areas where development of facilities is dependent upon 25 the utilization of, or access to, coastal water; 26 (E) areas of unique geologic or topographic significance which 27 are susceptible to industrial or commercial development; 28 (F) areas of significant hazard due to storms, slides, floods, 29 erosion, or settlement; and 30 (G) areas needed to protect, maintain, or replenish coastal land 31 or resources, including coastal flood plains, aquifer recharge areas, beaches,
01 and offshore sand deposits; 02 * Sec. 41. Section 26, ch. 28, SLA 2000, is repealed and reenacted to read: 03 Sec. 26. AS 12.25.190(c) is repealed and reenacted to read: 04 (c) The person cited for the crime shall give a written promise to appear in 05 court by signing at least one copy of the written citation prepared by the peace officer, 06 and the officer shall deliver a copy of the citation to the person. The written promise 07 requirement of this subsection does not apply to motor vehicle and traffic citations for 08 which a bail or fine schedule has been established under AS 28.05.151, fish and game 09 citations for which a bail schedule has been established under AS 16.05.165, citations 10 issued under AS 04.21.065, citations for skiing violations issued under AS 05.45.100, 11 citations issued under AS 18.35.341, citations issued in state park and recreational 12 facilities under AS 41.21.960, or littering citations issued under AS 46.06.080. 13 * Sec. 42. AS 14.08.031(d); AS 14.20.215(8); AS 18.56.590; AS 44.99.009; and 14 AS 47.12.240(g) are repealed. 15 * Sec. 43. This Act takes effect immediately under AS 01.10.070(c).