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SB 260: "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. 260                                                                         
01 "An Act making corrective amendments to the Alaska Statutes as recommended by the                                       
02 revisor of statutes; and providing for an effective date."                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 06.50.020(a) is amended to read:                                                                   
05            (a)  To qualify for a license, an applicant shall                                                            
06                 (1)  have cash assets of at least $25,000, as determined under generally                                
07       accepted accounting principles, except that an applicant who wants to engage in the                               
08       business of making advances at more than one location in the state shall have cash                                
09       assets of at least $25,000 for each location;                                                                     
10                 (2)  demonstrate the financial responsibility, financial condition,                                     
11       business experience, character, and general fitness that reasonably warrant the                                   
12       department's belief that the applicant's business will be conducted lawfully and fairly;                          
13       when determining whether this qualification has been met, and for the purpose of                                  
14       investigating compliance with this chapter, the department may review                                             
01                      (A)  the relevant business records of the applicant and the                                        
02            adequacy of the capital of the applicant;                                                                    
03                      (B)  the competence, experience, integrity, and financial ability                                  
04            of the applicant, and, if the applicant is an entity, of any person who is a                                 
05            member, partner, director, senior officer, or owner of 10 percent or more of the                             
06            equity of the applicant; and                                                                                 
07                      (C)  a record, on the part of the applicant or a person described                                  
08            in (B) of this paragraph, of                                                                                 
09                           (i)  a conviction for criminal activity, fraud, or other act                                  
10                 of personal dishonesty;                                                                                 
11                           (ii)  an act, an omission, or a practice that constitutes a                                   
12                 breach of a fiduciary duty; or                                                                          
13                           (iii)  a suspension, a revocation, a removal, or an                                           
14                 administrative act by an agency or a department of the United States or                                 
15                 a state limiting the applicant's or person's [FROM] participation in                                
16                 the conduct of a business;                                                                              
17                 (3)  if the person has a physical business location in the state, have a                                
18       physical business location that is accessible by and convenient to the public;                                    
19                 (4)  have a current business license issued under AS 43.70; and                                         
20                 (5)  if applicable, have a certificate of incorporation under                                           
21       AS 10.06.218, have a certificate of authority under AS 10.06.705, have a copy of                                  
22       articles of organization that satisfies AS 10.50.090, be registered under AS 10.50.605,                           
23       have a statement of foreign qualification filed under AS 32.06.922, have a certificate                            
24       of limited partnership filed under AS 32.11.060, or be registered under AS 32.11.420.                             
25    * Sec. 2. AS 08.01.010(16) is repealed and reenacted to read:                                                      
26                 (16)  regulation of dispensing opticians under AS 08.71; and                                            
27    * Sec. 3. AS 08.71.055 is amended to read:                                                                         
28            Sec. 08.71.055. Powers and duties. The department [BOARD] shall have the                               
29       following powers and duties:                                                                                      
30                 (1)  to issue licenses to applicants;                                                                   
31                 (2)  to renew licenses;                                                                                 
01                 (3)  to hold hearings and order disciplinary sanctions against a person                                 
02       who violates this chapter or the regulations of the department [BOARD];                                       
03                 (4)  to supply forms for applications, licenses, and other needed                                       
04       documents;                                                                                                        
05                 (5)  to keep a record of all proceedings open to the public, including the                              
06       name of each license applicant and each licensee;                                                                 
07                 (6)  to enforce the provisions of this chapter and adopt or amend                                       
08       regulations necessary to make these provisions effective.                                                         
09    * Sec. 4. AS 08.71.080 is amended to read:                                                                         
10            Sec. 08.71.080. License required. A person may not act as a dispensing                                     
11       optician in the state unless the person is licensed under this chapter. A license shall be                        
12       issued for (1) the dispensing of contact lenses, or (2) the dispensing of other lenses,                           
13       eyeglasses, spectacles, artificial eyes, and their appurtenances, or (3) both. The                                
14       department [BOARD] shall by endorsement on the license designate for which aspect                             
15       of dispensing opticianry the license is issued.                                                                   
16    * Sec. 5. AS 08.71.090 is amended to read:                                                                         
17            Sec. 08.71.090. Examination requirement. To be licensed to dispense contact                                
18       lenses, a person, unless eligible for licensing under AS 08.71.145, shall document to                             
19       the department [BOARD] that the person has passed the contact lens registry                                   
20       examination offered by the National Contact Lens Examiners with a score acceptable                                
21       to the department [BOARD]. In order to be licensed to dispense other lenses,                                  
22       eyeglasses, spectacles, artificial eyes, and their appurtenances, a person, unless eligible                       
23       for licensing under AS 08.71.145, shall document to the department [BOARD] that                               
24       the person has passed the national opticianry competency examination offered by the                               
25       American Board of Opticianry with a score acceptable to the department [BOARD].                               
26       An applicant for licensure in both areas shall document having received a score                                   
27       acceptable to the department [BOARD] on both examinations. The department                                 
28       [BOARD] shall, by regulation, establish the scores that will be acceptable for the                                
29       examinations described in this section.                                                                           
30    * Sec. 6. AS 08.71.110(a) is amended to read:                                                                      
31            (a)  The department [BOARD] may issue a license to a person who                                          
01                 (1)  has had education equivalent to four years attendance at a high                                    
02       school;                                                                                                           
03                 (2)  has either                                                                                         
04                      (A)  completed at least 1,800 hours of training as an apprentice                                   
05            after registering with the department as an apprentice; or                                                   
06                      (B)  been engaged for at least 1,800 hours as a practicing                                         
07            optician in good standing in a state, territory, district, or possession of the                              
08            United States;                                                                                               
09                 (3)  has passed the applicable examination required under                                               
10       AS 08.71.090 with a score acceptable to the department [BOARD];                                               
11                 (4)  has passed a course designated in the department's [BOARD'S]                                   
12       regulations as being acceptable; and                                                                              
13                 (5)  has paid the required license fee.                                                                 
14    * Sec. 7. AS 08.71.130(c) is amended to read:                                                                      
15            (c)  If the license remains lapsed for more than one year, the department                                
16       [BOARD] may require the applicant to retake and successfully pass again the                                       
17       applicable examination or examinations required under AS 08.71.090.                                               
18    * Sec. 8. AS 08.71.130(d) is amended to read:                                                                      
19            (d)  Before a license may be renewed, the licensee shall submit to the                                   
20       department [BOARD] evidence of continuing competence in optical dispensing as                                 
21       prescribed by regulations of the department [BOARD].                                                          
22    * Sec. 9. AS 08.71.145 is amended to read:                                                                         
23            Sec. 08.71.145. Licensure by credentials. A person with a valid license as a                               
24       dispensing optician from another state, territory, district, or possession of the United                          
25       States with licensing requirements substantially equivalent to or higher than those of                            
26       this state shall be issued a license under this chapter for those professional areas in                           
27       which the person is licensed in the other jurisdiction upon payment of any fee and                                
28       documentation that the department [BOARD] may require by regulation.                                          
29    * Sec. 10. AS 08.71.160(a) is amended to read:                                                                     
30            (a)  A person may be employed by or serve under a licensed physician,                                        
31       optometrist, or dispensing optician as an apprentice for dispensing optician tasks. An                            
01       apprentice shall register with the department before beginning employment or service                              
02       as an apprentice, shall be designated as an apprentice [SUCH] in the records of the                           
03       department [BOARD], and shall be in training under the regular supervision of a                               
04       licensed physician, optometrist, or dispensing optician. Notwithstanding                                          
05       AS 08.71.180, a registered apprentice may perform dispensing optician tasks that are                              
06       delegated by and performed under the regular supervision of the licensed physician,                               
07       optometrist, or dispensing optician and may use the title "dispensing optician                                    
08       apprentice."                                                                                                      
09    * Sec. 11. AS 08.71.170 is amended to read:                                                                        
10            Sec. 08.71.170. Prohibited conduct. The department [BOARD] may revoke                                  
11       or suspend the license of a dispensing optician, or the licensee may be reprimanded or                            
12       otherwise disciplined, when the department [BOARD] finds after a hearing that the                         
13       licensee                                                                                                          
14                 (1)  secured a license through deceit, fraud, or intentional                                            
15       misrepresentation;                                                                                                
16                 (2)  engaged in deceit, fraud, or intentional misrepresentation in the                                  
17       course of providing professional services or engaging in professional activities;                                 
18                 (3)  advertised professional services in a false or misleading manner;                                  
19                 (4)  has been convicted of a crime that [WHICH] affects the licensee's                              
20       ability to continue to practice competently and safely;                                                           
21                 (5)  intentionally or negligently engaged in or permitted the                                           
22       performance of patient care by persons under the licensee's supervision that [WHICH]                          
23       does not conform to minimum professional standards regardless of whether actual                                   
24       injury to the patient occurred;                                                                                   
25                 (6)  continued to practice after becoming unfit due to                                                  
26                      (A)  professional incompetence;                                                                    
27                      (B)  addiction to or severe dependency on alcohol or other                                     
28            drugs that [WHICH] impairs the licensee's ability to practice safely;                                    
29                      (C)  physical or mental disability;                                                                
30                 (7)  engaged in lewd or immoral conduct in connection with the                                          
31       delivery of professional service to patients;                                                                     
01                 (8)  participated in the division, assignment, rebate, or refund of fees to                         
02       a physician or optometrist in consideration of patient referrals;                                                 
03                 (9)  advertised the services of any other segment of the healing arts.                                  
04    * Sec. 12. AS 09.50.250 is amended to read:                                                                        
05            Sec. 09.50.250. Actionable claims against the state. A person or corporation                               
06       having a contract, quasi-contract, or tort claim against the state may bring an action                            
07       against the state in a state court that has jurisdiction over the claim. A person who may                         
08       present the claim under AS 44.77 may not bring an action under this section except as                             
09       set out in AS 44.77.040(c). A person who may bring an action under AS 36.30.560 -                                 
10       36.30.695 may not bring an action under this section except as set out in                                         
11       AS 36.30.685. However, an action may not be brought if the claim                                                  
12                 (1)  is an action for tort, and is based upon an act or omission of an                                  
13       employee of the state, exercising due care, in the execution of a statute or regulation,                          
14       whether or not the statute or regulation is valid; or is an action for tort, and based upon                       
15       the exercise or performance or the failure to exercise or perform a discretionary                                 
16       function or duty on the part of a state agency or an employee of the state, whether or                            
17       not the discretion involved is abused;                                                                            
18                 (2)  is for damages caused by the imposition or establishment of, or the                                
19       failure to impose or establish, a quarantine or isolation, or by other actions, by the                            
20       state or its agents, officers, or employees under AS 18.15.355 - 18.15.395, except for                            
21       damages caused by negligent medical treatment provided under AS 18.15.355 -                                       
22       18.15.395 by a state employee, or except that, if a state employee quarantines or                                 
23       isolates a person with gross negligence or in intentional violation of AS 18.15.385, the                          
24       state shall pay to the person who was quarantined or isolated a penalty of $500 for                               
25       each day of the improper quarantine;                                                                              
26                 (3)  arises out of assault, battery, false imprisonment, false arrest,                                  
27       malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or                            
28       interference with contract rights;                                                                                
29                 (4)  arises out of the use of an ignition interlock device certified under                              
30       AS 33.05.020(c); or                                                                                               
31                 (5)  arises out of injury, illness, or death of a seaman that occurs or                                 
01       manifests itself during or in the course of, or arises out of, employment with the state;                         
02       AS 23.30 provides the exclusive remedy for such a claim, and no action may be                                     
03       brought against the state, its vessels, or its employees under the Jones Act (46 U.S.C.                       
04       30104 - 30105) [(46 U.S.C. 688)], in admiralty, or under the general maritime law.                            
05    * Sec. 13. AS 11.46.462(a) is amended to read:                                                                     
06            (a)  A person commits the offense [CRIME] of unlawful possession of an                                   
07       official traffic control device if, without the right to do so or a reasonable ground to                          
08       believe the person has the right, the person possesses an official traffic control device.                        
09    * Sec. 14. AS 11.51.110(a) is amended to read:                                                                     
10            (a)  A person commits the offense [CRIME] of endangering the welfare of a                                
11       child in the second degree if the person, while caring for a child under 10 years of age,                         
12                 (1)  causes or allows the child to enter or remain in a dwelling or                                     
13       vehicle in which a controlled substance is stored in violation of AS 11.71; or                                    
14                 (2)  is impaired by an intoxicant, whether or not prescribed for the                                    
15       person under AS 17.30, and there is no third person who is at least 12 years of age and                           
16       not impaired by an intoxicant present to care for the child.                                                      
17    * Sec. 15. AS 11.56.755(a) is amended to read:                                                                     
18            (a)  A person commits the crime or offense, as applicable, of unlawful contact                           
19       in the second degree if                                                                                           
20                 (1)  the person is arrested for a crime against a person under AS 11.41                                 
21       or a crime involving domestic violence; and                                                                       
22                 (2)  before the person's initial appearance before a judge or magistrate                                
23       or before dismissal of the charge for which the person was arrested, whichever occurs                             
24       first, the person initiates communication or attempts to initiate communication with                              
25       the alleged victim of the crime that was the basis for the person's arrest.                                       
26    * Sec. 16. AS 11.56.767(a) is amended to read:                                                                     
27            (a)  A person, other than the victim, commits the offense [CRIME] of failure to                          
28       report a violent crime committed against an adult if the person, under circumstances                              
29       not requiring the person to report as required by AS 11.56.765,                                                   
30                 (1)  witnesses what the person knows or reasonably should know is                                       
31                      (A)  the murder or attempted murder of a person by another;                                        
01                      (B)  the kidnapping or attempted kidnapping of a person by                                         
02            another; or                                                                                                  
03                      (C)  the sexual penetration or attempted sexual penetration by                                     
04            another                                                                                                      
05                           (i)  of a person without consent of the person;                                               
06                           (ii)  of a person who is mentally incapable;                                                  
07                           (iii)  of a person who is incapacitated; or                                                   
08                           (iv)  of a person who is unaware that a sexual act is                                         
09                 being committed; and                                                                                    
10                 (2)  does not, as soon as reasonably practicable, report that crime to a                                
11       peace officer or law enforcement agency.                                                                          
12    * Sec. 17. AS 11.61.145(a) is amended to read:                                                                     
13            (a)  A person commits the crime or offense, as applicable, of promoting an                               
14       exhibition of fighting animals if the person                                                                      
15                 (1)  owns, possesses, keeps, or trains an animal with intent that it be                                 
16       engaged in an exhibition of fighting animals;                                                                     
17                 (2)  instigates, promotes, or has a pecuniary interest in an exhibition of                              
18       fighting animals; or                                                                                              
19                 (3)  attends an exhibition of fighting animals.                                                         
20    * Sec. 18. AS 11.76.133(a) is amended to read:                                                                     
21            (a)  A person commits the offense [CRIME] of interference with the training of                           
22       a service animal if the person intentionally prevents or restricts a person who is                                
23       authorized to train a service animal from being accompanied by an animal that is                                  
24       identified as being in training to be a service animal, or assesses an extra charge                               
25       because of the animal, in a public facility, except as provided in (b) and (c) of this                            
26       section.                                                                                                          
27    * Sec. 19. AS 14.30.174(b)(2) is amended to read:                                                                  
28                 (2)  "federal education law" means 20 U.S.C. 1400 - 1482 [20 U.S.C.                                 
29       1400 - 1487] (Individuals with Disabilities Education Act), 20 U.S.C. 7101 - 7143                                 
30       (Safe and Drug-Free Schools and Communities Act of 1994), 29 U.S.C. 794                                           
31       (nondiscrimination under federal grants and programs), and 42 U.S.C. 12101 - 12213                                
01       (equal opportunity for individuals with disabilities);                                                            
02    * Sec. 20. AS 14.30.180 is amended to read:                                                                        
03            Sec. 14.30.180. Purpose. It is the purpose of AS 14.30.180 - 14.30.350 to                                  
04                 (1)  provide an appropriate public education for each child with a                                      
05       disability in the state who is at least three years of age but less than 22 years of age;                         
06                 (2)  allow procedures and actions necessary to comply with the                                          
07       requirements of federal law, including 20 U.S.C. 1400 - 1482 [20 U.S.C. 1400 - 1487]                          
08       (Individuals with Disabilities Education Act).                                                                    
09    * Sec. 21. AS 14.30.193(d) is amended to read:                                                                     
10            (d)  After a hearing officer is appointed and the time for rejection under (c) of                            
11       this section has expired, the hearing officer shall immediately inform the parent and                             
12       the school district of the availability of the mediation process provided under                                   
13       AS 14.30.194 and encourage use of that process to attempt to resolve the disagreement                             
14       between the parent and the school district. If the mediation process does not result in                           
15       settlement of all of the issues, the hearing officer shall conduct a hearing in                                   
16       conformance with the requirements of federal law, including 34 C.F.R. 300.511 - 513                           
17       [34 C.F.R. 300.507 - 509]. After the hearing is completed, the hearing officer shall                              
18       issue a written decision that                                                                                     
19                 (1)  upholds the school district's decision; or                                                         
20                 (2)  overturns the school district's decision with specific instructions for                            
21       modification of the identification, evaluation, educational placement, or provision of                            
22       the education program by the district.                                                                            
23    * Sec. 22. AS 14.30.272(b) is amended to read:                                                                     
24            (b)  The department shall establish, by regulation, impartial procedures for a                               
25       school district to follow for due process hearings to comply with requirements                                    
26       necessary to participate in federal grant-in-aid programs, including 20 U.S.C. 1400 -                         
27       1482 [20 U.S.C. 1400 - 1487] (Individuals with Disabilities Education Act).                                   
28    * Sec. 23. AS 14.30.278 is amended to read:                                                                        
29            Sec. 14.30.278. Individualized education program. A school district shall                                  
30       develop an individualized education program for special education and related                                     
31       services for each eligible child with a disability. The plan must be completed not later                          
01       than 30 days after the determination of the child's eligibility. Each individualized                              
02       education program shall be developed and periodically reviewed and revised as                                     
03       necessary in conformance with federal requirements, including 34 C.F.R. 300.320 -                             
04       328 [34 C.F.R. 300.340 - 350].                                                                                
05    * Sec. 24. AS 14.30.340(a) is amended to read:                                                                     
06            (a)  If a parent of a child with a disability enrolls the child in a private school,                         
07       including a religious school, at the parent's expense or teaches the child at home, the                           
08       school district in which the child resides shall make special education and related                               
09       services available in conformance with federal requirements, including 34 C.F.R.                              
10       300.130 - 148 [34 C.F.R. 300.450 - 462]. A parent teaching the parent's child at home                         
11       may refuse special education and related services for the child.                                                  
12    * Sec. 25. AS 14.30.350(7) is amended to read:                                                                     
13                 (7)  "related services" means services described in 34 C.F.R. 300.34                                
14       [34 C.F.R. 300.24];                                                                                               
15    * Sec. 26. AS 14.30.350(9) is amended to read:                                                                     
16                 (9)  "special education" means an educational program described in 34                               
17       C.F.R. 300.39 [34 C.F.R. 300.26];                                                                             
18    * Sec. 27. AS 14.33.120(a) is amended to read:                                                                     
19            (a)  Each governing body shall adopt a written school disciplinary and safety                                
20       program. The program required under this subsection must include written                                          
21                 (1)  standards for student behavior and safety that reflect community                                   
22       standards and that include, at a minimum, basic requirements for respect and honesty;                             
23       standards required under this paragraph must be developed and periodically reviewed                               
24       with the collaboration of members of each school, parents, teachers, and other persons                            
25       responsible for the students at a school; a governing body may require that standards                             
26       developed under this paragraph be consistent for all schools in an attendance area or                             
27       the district;                                                                                                     
28                 (2)  standards relating to when a teacher is authorized to remove a                                     
29       student from the classroom for                                                                                    
30                      (A)  failure to follow student behavior and safety standards; or                                   
31                      (B)  behavior described under AS 14.30.045(1) or (2);                                              
01                 (3)  procedures for notifying teachers of dangerous students consistent                                 
02       with AS 47.12.310(b);                                                                                             
03                 (4)  standards relating to when a teacher, teacher's assistant, or other                                
04       person responsible for students is authorized to use reasonable and appropriate force to                          
05       maintain classroom safety and discipline as described under AS 11.81.430(a)(2);                                   
06                 (5)  policies necessary to comply with provisions of state and federal                                  
07       law, including 20 U.S.C. 1400 - 1482 [20 U.S.C. 1400 - 1485] (Individuals with                                
08       Disabilities Education Act);                                                                                      
09                 (6)  standards to address needs of students for whom mental health or                                   
10       substance abuse may be a contributing factor to noncompliance with the school                                     
11       disciplinary and safety program;                                                                                  
12                 (7)  policies for implementing a student conflict resolution strategy,                                  
13       including the nonviolent resolution or mediation of conflicts and procedures for                                  
14       reporting and resolving conflicts;                                                                                
15                 (8)  procedures for periodic review and revision of the school                                          
16       disciplinary and safety program.                                                                                  
17    * Sec. 28. AS 15.13.010(a) is amended to read:                                                                     
18            (a)  This chapter applies                                                                                    
19                 (1)  in every election for governor, lieutenant governor, a member of                                   
20       the state legislature, a delegate to a constitutional convention, or judge seeking                                
21       judicial retention [ELECTORAL CONFIRMATION];                                                                  
22                 (2)  to every candidate for election to a municipal office in a                                         
23       municipality with a population of more than 1,000 inhabitants according to the latest                             
24       United States census figures or estimates of population certified as correct for                                  
25       administrative purposes by the Department of Commerce, Community, and Economic                                    
26       Development unless the municipality has exempted itself from the provisions of this                               
27       chapter; a municipality may exempt its elected municipal officers from the                                        
28       requirements of this chapter if a majority of the voters voting on the question at a                              
29       regular election, as defined by AS 29.71.800(20), or a special municipality-wide                                  
30       election called for that purpose, votes to exempt its elected municipal officers from the                         
31       requirements of this chapter; the question of exemption from the requirements of this                             
01       chapter may be submitted by the governing body by ordinance or by initiative                                      
02       election.                                                                                                         
03    * Sec. 29. AS 15.56.016(a) is amended to read:                                                                     
04            (a)  A person commits the offense [CRIME] of campaign misconduct in the                                  
05       third degree if                                                                                                   
06                 (1)  the person violates a provision of AS 15.13 or a regulation adopted                                
07       under AS 15.13; or                                                                                                
08                 (2)  during the hours the polls are open and after election officials have                              
09       posted warning notices as required by AS 15.15.170 or at the required distance in the                             
10       form and manner prescribed by the chief municipal elections official in a local                                   
11       election, the person is within 200 feet of an entrance to a polling place, and                                    
12                      (A)  violates AS 15.15.170; or                                                                     
13                      (B)  circulates cards, handbills, or marked ballots, or posts                                      
14            political signs or posters relating to a candidate at an election or election                                
15            proposition or question.                                                                                     
16    * Sec. 30. AS 16.05.165(b) is amended to read:                                                                     
17            (b)  The supreme court shall specify by rule or order those misdemeanors that                                
18       are appropriate for disposition without court appearance, and shall establish a schedule                          
19       of bail amounts. Before establishing or amending the schedule of bail amounts                                     
20       required by this subsection, the supreme court shall appoint and consult with an                                  
21       advisory committee consisting of two law enforcement officers [OF THE DIVISION                                
22       OF FISH AND WILDLIFE PROTECTION] of the Department of Public Safety                                               
23       engaged in fish and wildlife protection, two representatives of the Department of                             
24       Fish and Game, two district court judges, and the chairpersons of the House and                                   
25       Senate Judiciary Committees of the legislature. The maximum bail amount for an                                    
26       offense may not exceed the maximum fine specified by law for that offense. If the                                 
27       misdemeanor for which the citation is issued may be disposed of without court                                     
28       appearance, the issuing peace officer shall write on the citation the amount of bail                              
29       applicable to the violation.                                                                                      
30    * Sec. 31. AS 18.72.100(4) is amended to read:                                                                     
31                 (4)  "salable fireworks" are 1.4 G fireworks, as defined by the                                     
01       National Fire Protection Association [ICC CLASS C COMMON FIREWORKS                                            
02       AND SHALL INCLUDE ONLY THOSE FIREWORKS ENUMERATED AS ICC                                                          
03       CLASS C COMMON FIREWORKS IN THE REGULATIONS OF THE                                                                
04       INTERSTATE COMMERCE COMMISSION, AS THE REGULATIONS ARE                                                            
05       PRESENTLY CONSTRUCTED], and, more specifically, shall include and be limited                                      
06       to the following:                                                                                                 
07                      (A)  roman candles, not exceeding 10 balls spaced uniformly in                                     
08            the tube, total pyrotechnic composition not to exceed 20 grams each in weight,                               
09            any inside tube diameter not to exceed 3/8 inch;                                                             
10                      (B)  skyrockets with sticks, total pyrotechnic composition not to                                  
11            exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2                               
12            inch, with the rocket sticks being securely fastened to the tubes;                                           
13                      (C)  helicopter type rockets, total pyrotechnic composition not                                    
14            to exceed 20 grams each in weight, and the inside tube diameter not to exceed                                
15            1/2 inch;                                                                                                    
16                      (D)  cylindrical fountains, total pyrotechnic composition not to                                   
17            exceed 75 grams each in weight, and the inside tube diameter not to exceed 3/4                               
18            inch;                                                                                                        
19                      (E)  cone fountains, total pyrotechnic composition not to exceed                                   
20            50 grams each in weight;                                                                                     
21                      (F)  wheels, total pyrotechnic composition not to exceed 60                                        
22            grams for each driver unit or 240 grams for each complete wheel, and the                                     
23            inside tube diameter of driver units not to exceed 1/2 inch;                                                 
24                      (G)  illuminating torches and colored fire in any form, total                                      
25            pyrotechnic composition not to exceed 100 grams each in weight;                                              
26                      (H)  dipped sticks, the pyrotechnic composition of which                                           
27            contains chlorate or perchlorate, that do not exceed five grams, and sparklers,                              
28            the composition of which does not exceed 100 grams each and that contains no                                 
29            magnesium or magnesium and a chlorate or perchlorate;                                                        
30                      (I)  mines and shells of which the mortar is an integral part, total                               
31            pyrotechnic composition not to exceed 40 grams each in weight;                                               
01                      (J)  firecrackers with soft casings, the external dimensions of                                    
02            which do not exceed one and one-half inches in length or one-quarter inch in                                 
03            diameter, total pyrotechnic composition not to exceed two grains each in                                     
04            weight;                                                                                                      
05                      (K)  novelties consisting of two or more devices enumerated in                                     
06            this paragraph when approved by the Bureau of Explosives.                                                    
07    * Sec. 32. AS 23.15.132 is amended to read:                                                                        
08            Sec. 23.15.132. Vending facilities. (a) A vending facility may not be                                      
09       established on public property that is under the jurisdiction of the state except as                              
10       authorized by the commissioner [OF EDUCATION AND EARLY                                                            
11       DEVELOPMENT].                                                                                                     
12            (b)  A vending facility authorized by the commissioner [OF EDUCATION                                         
13       AND EARLY DEVELOPMENT] shall be selected and located after consulting with                                        
14       the persons responsible for the maintenance and operation of the property to be served                            
15       by the vending facility. A contract for the operation of the vending facility by a                                
16       licensee shall be executed by the agency and must contain provisions ensuring that the                            
17       licensee shall charge reasonable prices and that the vending facility shall provide high                          
18       quality merchandise.                                                                                              
19    * Sec. 33. AS 23.15.135(b) is amended to read:                                                                     
20            (b)  The commissioner [OF EDUCATION AND EARLY DEVELOPMENT]                                                   
21       shall assure active participation by the Committee of Blind Vendors in administrative,                            
22       policy, and program development decisions concerning vending facilities operated by                               
23       blind licensees. The agency shall, with active participation by the Committee of Blind                            
24       Vendors,                                                                                                          
25                 (1)  adopt regulations providing for the licensing of blind persons for                                 
26       the operation of vending facilities on public property;                                                           
27                 (2)  consider and respond to grievances of blind licensees;                                             
28                 (3)  develop and administer a statewide system for the transfer and                                     
29       promotion of blind licensees;                                                                                     
30                 (4)  develop training and retraining programs for blind licensees and for                               
31       blind persons interested in obtaining a license to operate a vending facility;                                    
01                 (5)  organize meetings and conferences for blind licensees;                                             
02                 (6)  adopt regulations necessary to assure that vending facilities                                      
03       operated by blind licensees are administered by the agency in a substantially                                     
04       equivalent manner whether a vending facility is located on state or federal property;                             
05                 (7)  designate public property as appropriate for the location of a                                     
06       vending facility operated by a blind licensee.                                                                    
07    * Sec. 34. AS 23.15.210(1) is amended to read:                                                                     
08                 (1)  "active participation" means a process through which the                                           
09       Committee of Blind Vendors or a licensee is provided the opportunity to exert a major                             
10       influence in program policies, standards, and procedures affecting the operation of                               
11       vending facilities, with the commissioner [OF EDUCATION AND EARLY                                                 
12       DEVELOPMENT] having final responsibility;                                                                         
13    * Sec. 35. AS 24.05.080 is amended to read:                                                                        
14            Sec. 24.05.080. Terms. The term of each member of the legislature begins                                   
15       [ON THE SECOND MONDAY IN JANUARY FOLLOWING A PRESIDENTIAL                                                         
16       ELECTION YEAR; HOWEVER, FOLLOWING A GUBERNATORIAL ELECTION                                                        
17       YEAR, THE TERM OF EACH MEMBER BEGINS] on the third Tuesday in January.                                            
18       The term of representatives is two years, and the term of senators is four years. One-                            
19       half of the senators shall be elected every two years.                                                            
20    * Sec. 36. AS 36.30.627(a) is amended to read:                                                                     
21            (a)  An appeal from a decision of the procurement officer of a claim involving                               
22       a construction contract shall be resolved by                                                                      
23                 (1)  binding and final arbitration under AS 09.43.010 - 09.43.180                                       
24       (Uniform Arbitration Act) or AS 09.43.300 - 09.43.595 (Revised Uniform                                        
25       Arbitration Act), as applicable, if the claim is                                                              
26                      (A)  less than $250,000 and the contractor requests arbitration                                    
27            of the claim; or                                                                                             
28                      (B)  $250,000 or more and both the agency and the contractor                                       
29            agree to arbitration of the claim; or                                                                        
30                 (2)  a hearing under AS 36.30.630 if the claim is not handled by                                        
31       arbitration under (1) of this subsection.                                                                         
01    * Sec. 37. AS 36.30.850(b)(27) is amended to read:                                                                 
02                 (27)  purchases of supplies and services to support the operations of the                               
03       Alaska state troopers or law enforcement officers engaged in fish and wildlife                                
04       protection [THE DIVISION OF FISH AND WILDLIFE PROTECTION] if the                                              
05       procurement officer for the Department of Public Safety makes a written                                           
06       determination that publicity of the purchases would jeopardize the safety of personnel                            
07       or the success of a covert operation;                                                                             
08    * Sec. 38. AS 40.25 is amended by adding a new section to article 1 to read:                                       
09            Sec. 40.25.295. Short title. AS 40.25.100 - 40.25.295 may be cited as the                                  
10       Alaska Public Records Act.                                                                                        
11    * Sec. 39. AS 41.14.165(b) is amended to read:                                                                     
12            (b)  The supreme court shall specify by rule or order those misdemeanors that                                
13       are appropriate for disposition without court appearance, and shall establish a schedule                          
14       of bail amounts. Before establishing or amending the schedule of bail amounts                                     
15       required by this subsection, the supreme court shall appoint and consult with an                                  
16       advisory committee consisting of two law enforcement officers [OF THE DIVISION                                
17       OF FISH AND WILDLIFE PROTECTION] of the Department of Public Safety                                               
18       engaged in fish and wildlife protection, two representatives of the department, two                           
19       district court judges, and the chairpersons of the House and Senate Judiciary                                     
20       Committees of the legislature. The maximum bail amount for an offense may not                                     
21       exceed the maximum fine specified by law for that offense. If the misdemeanor for                                 
22       which the citation is issued may be disposed of without court appearance, the issuing                             
23       peace officer shall write on the citation the amount of bail applicable to the violation.                         
24    * Sec. 40. AS 42.40.100 is amended to read:                                                                        
25            Sec. 42.40.100. Management by the board. The board is responsible for the                                  
26       management of the corporation but shall delegate certain powers and duties to the                                 
27       chief executive officer in accordance with AS 42.40.120. In managing the corporation,                         
28       the board shall                                                                                                   
29                 (1)  be responsible for the management of the financial and legal                                       
30       obligations of the Alaska Railroad;                                                                               
31                 (2)  operate the Alaska Railroad as a common carrier subject to the                                     
01       jurisdiction of the United States Surface Transportation Board [INTERSTATE                                    
02       COMMERCE COMMISSION] consistent with 45 U.S.C. 1207;                                                              
03                 (3)  generally manage the corporation on a self-sustaining basis;                                       
04                 (4)  apply to the legislature for an appropriation with the concurrence of                              
05       the governor to be used to provide a particular service that is not otherwise self-                               
06       sustaining if a subsidy is required to maintain that service;                                                     
07                 (5)  provide for safe, efficient, and economical transportation to meet                                 
08       the overall needs of the state;                                                                                   
09                 (6)  raise needed capital by issuing bonds of the corporation upon                                      
10       approval by the legislature while ensuring that borrowing by the corporation does not                             
11       directly or indirectly endanger the state's own borrowing capacity;                                               
12                 (7)  review all state and other land disposal proposals to aid in planning                              
13       for future development or expansion of transportation services;                                                   
14                 (8)  ensure that the procurement procedures of the corporation meet                                     
15       accepted railroad industry standards;                                                                             
16                 (9)  ensure that the accounting procedures of the corporation meet                                      
17       generally accepted accounting principles consistent with industry standards for                                   
18       comparable railroads.                                                                                             
19    * Sec. 41. AS 42.40.170(b) is amended to read:                                                                     
20            (b)  Only the following subjects may be discussed in an executive session:                                   
21                 (1)  matters, the immediate knowledge of which would clearly have an                                    
22       adverse effect upon the finances of the corporation;                                                              
23                 (2)  unless the person has requested to have the subjects discussed in                                  
24       public, subjects that tend to prejudice the reputation and character of a person;                                 
25                 (3)  matters that, by law or municipal charter or ordinance, are                                        
26       permitted to be kept confidential from public disclosure;                                                         
27                 (4)  matters pertaining to personnel;                                                                   
28                 (5)  matters pertaining to the corporation's legal position;                                            
29                 (6)  land acquisition or disposal; and                                                                  
30                 (7)  proprietary or other information of a type treated as confidential                                 
31       under the standards and practices of the United States Surface Transportation Board                           
01       [INTERSTATE COMMERCE COMMISSION], including practices that protect                                                
02       information associated with specific shippers, divisions, and contract rate agreements.                           
03    * Sec. 42. AS 42.40.220(b) is amended to read:                                                                     
04            (b)  The corporation may by rule designate and withhold public disclosure of                                 
05       matters of a privileged or proprietary nature. Those matters include personnel records,                           
06       communications with and work product of legal counsel, and, consistent with the                                   
07       standards and practices of the United States Surface Transportation Board                                     
08       [INTERSTATE COMMERCE COMMISSION] for the protection of these matters,                                             
09       other information including proprietary information associated with specific shippers,                            
10       divisions, and contract rate agreements.                                                                          
11    * Sec. 43. AS 42.40.270(a) is amended to read:                                                                     
12            (a)  The board shall have the financial records of the corporation audited                                   
13       annually by an independent certified public accountant experienced in railroad                                    
14       accounting. The board shall have an annual performance audit conducted by a                                       
15       recognized railroad management expert to assure that the railroad is being managed                                
16       and operated effectively and efficiently in accordance with the requirements of this                              
17       chapter and that each appropriation is used to directly support those services for which                          
18       the appropriation was requested. Auditors shall use the standards required under                                  
19       AS 42.40.100(9) and determine whether appropriations received for a service that is                               
20       not self-sustaining were calculated in accordance with United States Surface                                  
21       Transportation Board [INTERSTATE COMMERCE COMMISSION] standards for                                           
22       determining rail service subsidies.                                                                               
23    * Sec. 44. AS 42.40.280(b) is amended to read:                                                                     
24            (b)  The report under (a) of this section shall be in writing, describe the                                  
25       proposed undertaking in detail, and specify                                                                       
26                 (1)  its financial impact on the corporation;                                                           
27                 (2)  its impact on the level and nature of services provided by the                                     
28       corporation;                                                                                                      
29                 (3)  the reasons the action is necessary or desirable to achieve the                                    
30       purposes of this chapter;                                                                                         
31                 (4)  whether and when the undertaking or service is expected to be self-                                
01       sustaining financially; and                                                                                       
02                 (5)  if the undertaking requires an appropriation to be used for                                        
03       providing a service that is not self-sustaining, that the amount of the appropriation has                         
04       been strictly calculated in accordance with United States Surface Transportation                              
05       Board [INTERSTATE COMMERCE COMMISSION] standards for determining rail                                         
06       service subsidies.                                                                                                
07    * Sec. 45. AS 43.50.170 is amended to read:                                                                        
08            Sec. 43.50.170. Definitions. In AS 43.50.010 - 43.50.180 [AS 43.50.010 -                               
09       43.50.190], unless the context otherwise requires,                                                                
10                 (1)  "buyer" means a person who imports or acquires cigarettes for the                                  
11       person's own consumption from any source other than a manufacturer, distributor,                                  
12       direct-buying retailer, retailer, or wholesaler-distributor;                                                      
13                 (2)  "cigarette" means a roll for smoking of any size or shape, made                                    
14       wholly or partly of tobacco, whether the tobacco is flavored, adulterated, or mixed                               
15       with another ingredient, if the wrapper or cover of the roll is made of paper or a                                
16       material other than tobacco;                                                                                      
17                 (3)  "direct-buying retailer" means a person who is engaged in the sale                                 
18       of cigarettes at retail in this state and who brings cigarettes or causes cigarettes to be                        
19       brought into the state that are not purchased from a wholesaler-distributor;                                      
20                 (4)  "distributor" means a person who brings cigarettes that are not                                    
21       purchased from a wholesaler-distributor, or has cigarettes that are not purchased from                            
22       a wholesaler-distributor brought, into the state, and who sells or distributes at least 75                        
23       percent of the cigarettes to others for resale in the state;                                                      
24                 (5)  "licensee" means a person licensed under AS 43.50.010 -                                            
25       43.50.180;                                                                                                        
26                 (6)  "manufacturer" means a person who makes, fashions, or produces                                     
27       cigarettes for sale to distributors or other persons;                                                             
28                 (7)  "person" includes an individual, company, partnership, limited                                     
29       liability partnership, joint venture, joint agreement, limited liability company,                                 
30       association, mutual or otherwise, corporation, estate, trust, business trust, receiver,                           
31       trustee, syndicate, or political subdivision of this state, or combination acting as a unit;                      
01                 (8)  "place of business" means a place where cigarettes are sold, or                                    
02       where cigarettes are brought or kept for the purpose of sale or consumption, including                            
03       a vessel, vehicle, airplane, or train;                                                                            
04                 (9)  "retailer" means a person in the state who is engaged in the                                       
05       business of selling cigarettes at retail;                                                                         
06                 (10)  "sale" includes a sale, barter, exchange, and every other manner of                               
07       transferring the ownership of personal property;                                                                  
08                 (11)  "tobacco product" has the meaning given in AS 43.50.390;                                          
09                 (12)  "wholesaler-distributor" means a person outside this state who                                    
10       sells or distributes cigarettes into this state, who is not required to be licensed under                         
11       AS 43.50.010, and who is licensed under AS 43.50.035.                                                             
12    * Sec. 46. AS 43.50.190 is amended by adding a new subsection to read:                                             
13            (e)  In this section, "cigarette" has the meaning given in AS 43.50.170.                                     
14    * Sec. 47. AS 44.19.035 is amended to read:                                                                        
15            Sec. 44.19.035. Jones Act repeal. The governor shall use best efforts and all                              
16       appropriate means to persuade the United States Congress to repeal those provisions                           
17       of the Jones Act formerly codified at 46 U.S.C. 861, et seq. [, KNOWN AS THE                                  
18       JONES ACT.]                                                                                                       
19    * Sec. 48. AS 45.25.190 is amended to read:                                                                        
20            Sec. 45.25.190. Arbitration. In a controversy between a manufacturer and a                                 
21       new motor vehicle dealer under AS 45.25.010 - 45.25.320, neither the manufacturer                                 
22       nor the new motor vehicle dealer is required to submit the controversy to arbitration. If                         
23       both the manufacturer and the new motor vehicle dealer agree to submit a controversy                              
24       under AS 45.25.010 - 45.25.320 to arbitration, the arbitration shall be conducted under                           
25       AS 09.43.020 - 09.43.180 (Uniform Arbitration Act) or AS 09.43.300 - 09.43.595                                
26       (Revised Uniform Arbitration Act), as applicable, the manufacturer and the new                                
27       motor vehicle dealer shall each select one arbitrator, and both the manufacturer and                              
28       the new motor vehicle dealer shall select the third arbitrator.                                                   
29    * Sec. 49. AS 45.55.900(a)(9) is amended to read:                                                                  
30                 (9)  a security issued or guaranteed by a railroad, other common carrier,                               
31       public utility, or holding company that is                                                                        
01                      (A)  subject to the jurisdiction of the Surface Transportation                                 
02            Board [INTERSTATE COMMERCE COMMISSION] or its successor;                                                 
03                      (B)  a registered holding company under 15 U.S.C. 79 - 79z-6                                       
04            (Public Utility Holding Company Act of 1935) or a subsidiary of the company                                  
05            within the meaning of 15 U.S.C. 79 - 79z-6;                                                                  
06                      (C)  regulated with [IN] respect to [OF] its rates and charges by                          
07            a governmental authority of the United States or a state; or                                                 
08                      (D)  regulated with [IN] respect to [OF] the issuance or                                   
09            guarantee of the security by a governmental authority of the United States, a                                
10            state, Canada, or a Canadian province;                                                                       
11    * Sec. 50. AS 46.03.465(a) is amended to read:                                                                     
12            (a)  The owner or operator of a commercial passenger vessel shall maintain                                   
13       daily records related to the period of operation while in the state, detailing the dates,                         
14       times, and locations, and the volumes and flow rates of any discharges of sewage,                                 
15       graywater, or other wastewaters [WASTER] into the marine waters of the state, and                         
16       provide electronic copies of those [SUCH] records on a monthly basis to the                                   
17       department not [NO] later than five days after each calendar month of operation in                            
18       state waters.                                                                                                     
19    * Sec. 51. AS 46.03.465(f) is amended to read:                                                                     
20            (f)  If the owner or operator of a commercial passenger vessel has, when                                     
21       complying with another state or [OF] federal law that requires substantially equivalent                       
22       information gathering, gathered the information required under (a), (b), or (d) of                            
23       this section, the owner or operator shall be considered to be in compliance with that                             
24       subsection so long as the information is also provided to the department.                                         
25    * Sec. 52. AS 47.10.088(i) is amended to read:                                                                     
26            (i)  The department shall concurrently identify, recruit, process, and approve a                             
27       qualified person or family for an adoption whenever a petition to terminate a parent's                            
28       rights to a child is filed. Before identifying a placement of the child in an adoptive                            
29       home, the department shall attempt to locate all living adult family members of the                               
30       child and, if an adult family member expresses an interest in adopting the child,                                 
31       investigate the adult family member's ability to care for the child. The department                               
01       shall provide to all adult family members of the child located by the department                                  
02       written notice of the adult family members' rights under this chapter and of the                                  
03       procedures necessary to gain custody of the child, but the department's obligation to                             
04       provide written notice under this subsection does not apply to a parent of the child                              
05       whose parental rights are being or have been terminated or to an adult family member                              
06       who is known by the department to be ineligible for a foster care license under                                   
07       AS 47.32 and regulations adopted under AS 47.32 [AS 47.35.019 OR 47.35.021]. If                               
08       an adult family member of the child requests that the department approve the adult                                
09       family member for an adoption, the department shall approve the request unless there                              
10       is good cause not to approve the adoption. If the court issues an order to terminate                              
11       under (j) of this section, the department shall report within 30 days on the efforts being                        
12       made to recruit a permanent placement for the child if a permanent placement was not                              
13       approved at the time of the trial under (j) of this section. The report must document                             
14       recruitment efforts made for the child.                                                                           
15    * Sec. 53. AS 47.14.100(m) is amended to read:                                                                     
16            (m)  Prima facie evidence of good cause not to place a child with an adult                                   
17       family member or family friend under AS 47.10.088(i) or under (e) of this section                                 
18       includes the failure to meet the requirements for [GROUNDS FOR DENIAL OF] a                                   
19       foster care license under AS 47.32 and regulations adopted under AS 47.32                                     
20       [AS 47.35.019 OR 47.35.021]. Prima facie evidence of good cause not to place a child                              
21       with an adult family member or adult family friend does not include poverty or                                    
22       inadequate or crowded housing. If the department denies a request for placement with                              
23       an adult family member or a family friend, the department shall inform the adult                                  
24       family member or family friend of the basis for the denial and the right to request a                             
25       hearing to review the decision. A non-party adult family member or family friend                                  
26       requesting a review hearing under AS 47.10.088(i) or under (e) of this section is not                             
27       eligible for publicly appointed legal counsel.                                                                    
28    * Sec. 54. AS 47.20.330(b) is amended to read:                                                                     
29            (b)  The parents of all newborns and infants diagnosed with a hearing loss, as                               
30       reported to the department, shall be provided by the department with written                                      
31       information on the availability of follow-up care through community resources and                                 
01       government agencies, including those provided in accordance with 20 U.S.C. 1400 -                             
02       1482 [20 U.S.C. 1400 - 1491] (Individuals with Disabilities Education Act), as                                
03       amended. Information provided by the department must include listings of local and                                
04       statewide nonprofit deaf and hard of hearing consumer-based organizations, parent                                 
05       support organizations affiliated with deafness, counseling and educational services,                              
06       and programs offered through the department and the Department of Education and                                   
07       Early Development.                                                                                                
08    * Sec. 55. AS 08.03.010(c)(9); AS 08.71.010, 08.71.020, 08.71.040, and 08.71.240(1) are                            
09 repealed.                                                                                                               
10    * Sec. 56. This Act takes effect immediately under AS 01.10.070(c).