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).