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CSSB 61(STA): "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 61(STA)                                                                    
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 03.22.050 is amended to read:                                                                      
05            Sec. 03.22.050. Department to cooperate. The department shall cooperate                                    
06       with the college or department of the University of Alaska responsible for the                                    
07       Agricultural and Forestry Experiment Station and the United States Department of                              
08       Agriculture, Natural Resources Conservation Service [UNITED STATES SOIL                                       
09       CONSERVATION SERVICE] by a formal memorandum of understanding and may                                             
10       cooperate with any department or agency of federal, state, or local government,                                   
11       research organization, or other organization concerned with conservation or                                       
12       agriculture.                                                                                                      
13    * Sec. 2. AS 08.02 is amended by adding a new section to read:                                                     
14            Sec. 08.02.090. Definition. In this chapter, "department" means the                                        
01       Department of Commerce, Community, and Economic Development.                                                      
02    * Sec. 3. AS 08.40.120(a) is amended to read:                                                                      
03            (a)  Each applicant shall be examined to determine the applicant's                                           
04                 (1)  ability to understand plans, design specifications, and engineering                                
05       terms commonly used in the electrical field;                                                                      
06                 (2)  knowledge of electrical installations and wiring;                                                  
07                 (3)  familiarity with the regulations contained in the National Electrical                              
08       Code and the National Electrical Safety Code, as approved by the American National                            
09       Standards Institute [AMERICAN STANDARDS ASSOCIATION];                                                         
10                 (4)  familiarity with other installation and safety regulations approved                                
11       by the American National Standards Institute [AMERICAN STANDARDS                                              
12       ASSOCIATION];                                                                                                     
13                 (5)  personal skill and ability.                                                                        
14    * Sec. 4. AS 08.42.060(a) is amended to read:                                                                      
15            (a)  The department shall examine applicants for an embalmer's license; the                                  
16       examination may include any or all of the following subjects: (1) theory and practice                             
17       of embalming, (2) anatomy, (3) pathology, (4) bacteriology, (5) hygiene, including                                
18       sanitation and public health, (6) chemistry, including toxicology, (7) restorative arts,                          
19       including plastic surgery and demi-surgery, (8) funeral service arts and sciences [,]                             
20       and funeral service administration, including accounting, funeral law, psychology,                                
21       funeral principles, directing, and management, (9) Alaska vital statistics law, and (10)                      
22       the provisions of this chapter and the regulations adopted by the department under this                           
23       chapter. The department shall examine applicants for a funeral director's license; the                            
24       examination may include any or all of the subjects included in (8), (9), and (10) of this                     
25       subsection. The department may use the examination provided by the International                              
26       Conference of Funeral Service Examining Boards [CONFERENCE OF FUNERAL                                         
27       SERVICE EXAMINING BOARDS OF THE UNITED STATES, INC.] where it is                                                  
28       applicable to the subjects in this section.                                                                       
29    * Sec. 5. AS 08.86.180(b) is amended to read:                                                                      
30            (b)  This section does not apply to                                                                          
31                 (1)  a person employed as a school psychologist, if the school district                                 
01       maintains appropriate supervision of psychological activities and professional conduct,                           
02       and if the person is performing the psychological activities as part of the duties for                            
03       which the person was employed, is performing the activities solely within the facilities                          
04       of the school district in which the person is employed or under the supervision of the                            
05       school district, and does not render or offer to render psychological services to the                             
06       public for compensation in addition to the salary the person receives from the school                             
07       district;                                                                                                         
08                 (2)  an officer or employee of the United States government practicing                                  
09       psychology while in the discharge of the officer's or employee's official duties;                                 
10                 (3)  a student, intern, or resident in psychology pursuing a course of                                  
11       study approved by the board as qualifying training and experience for a psychologist,                             
12       if that person's activities constitute a part of that person's supervised course of study                         
13       and that person is designated by titles such as "psychology intern" or "psychology                                
14       trainee";                                                                                                         
15                 (4)  a qualified member of another profession, in doing work of a                                       
16       psychological nature consistent with that person's training and consistent with the code                          
17       of ethics of that person's profession, if the person does not hold out to the public by a                         
18       title or description of services incorporating the words "psychology," "psychological,"                           
19       "psychologist," "psychometry," "psychotherapy," "psychotherapeutic,"                                              
20       "psychotherapist," "psychoanalysis," or "psychoanalyst" or represent to be trained,                               
21       experienced, or qualified to render services in the field of psychology; or                                       
22                 (5)  a physician engaged in the normal practice of medicine for which                               
23       the physician is licensed under AS 08.64.                                                                         
24    * Sec. 6. AS 09.20.050(a) is amended to read:                                                                      
25            (a)  At such times as need may require, but not later than November 30 of each                               
26       year, the administrative director of the Alaska Court System [COURTS] shall                                   
27       prepare for each judicial district a list of the names of the residents of the district who                       
28       are qualified by law for jury service. If the superior court is located in different cities                       
29       in the same judicial district, the administrative director shall prepare for each location                        
30       of the court a list of the names of the qualified residents of that portion of the district                       
31       considered to be appropriate.                                                                                     
01    * Sec. 7. AS 09.20.050(c) is amended to read:                                                                      
02            (c)  A copy of the appropriate portion of the jury list shall be transmitted to the                          
03       presiding judge of each judicial district and shall only be used to summon jurors and                             
04       for other purposes of judicial administration. Duplicate names and the names of                                   
05       deceased persons and persons permanently excused from jury service shall be                                       
06       eliminated from the list before it is transmitted to the presiding judge. A questionnaire                         
07       for prospective jurors may be adopted and submitted to them by the administrative                                 
08       director of the Alaska Court System [COURTS].                                                                 
09    * Sec. 8. AS 09.20.080(b) is amended to read:                                                                      
10            (b)  If the list of prospective jurors for a court location does not produce                                 
11       sufficient names for a jury panel of minimum size, the administrative director of the                         
12       Alaska Court System [COURTS] may authorize that additional names of prospective                               
13       jurors be randomly selected from sources other than those listed in AS 09.20.050.                                 
14    * Sec. 9. AS 14.07.020(a)(16) is amended to read:                                                                  
15                 (16)  establish by regulation criteria, based on low student performance,                               
16       under which the department may intervene in a school district to improve instructional                            
17       practices, as described in AS 14.07.030(14) or (15); the regulations must include                                 
18                      (A)  a notice provision that alerts the district to the deficiencies                               
19            and the instructional practice changes proposed by the department;                                           
20                      (B)  an end date for departmental intervention, as described in                                    
21            AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three                                  
22            consecutive years of improvement consisting of not less than two percent                                     
23            increases in student proficiency on standards-based assessments in                                           
24            mathematics [MATH], reading, and writing as provided in                                                  
25            AS 14.03.123(f)(2)(A); and                                                                                   
26                      (C)  a process for districts to petition the department for                                        
27            continuing or discontinuing the department's intervention;                                                   
28    * Sec. 10. AS 14.40.809(b) is amended to read:                                                                     
29            (b)  The board shall                                                                                         
30                 (1)  make appropriate arrangements as necessary to fulfill the board's                                  
31       obligations under an advance college tuition savings contract;                                                    
01                 (2)  establish and adopt a formal plan for administration of the advance                                
02       college tuition savings program; the terms and conditions of the plan shall be                                    
03       considered a part of an advance college tuition savings contract;                                                 
04                 (3)  establish investment objectives, criteria, and asset allocation                                    
05       guidelines for the fund based on prudent institutional investor guidelines and actuarial                          
06       analysis of the earnings requirements for the advance college tuition savings plan;                               
07                 (4)  enter into contracts or agreements considered necessary for the                                    
08       investment of the fund, including contracts or agreements with investment managers,                               
09       consultants, and other custodians of the fund;                                                                    
10                 (5)  engage a financial advisor to [ANNUALLY] report annually on                                    
11       the investment performance of the fund;                                                                           
12                 (6)  engage an independent firm of certified public accountants to audit                                
13       the financial position of the fund;                                                                               
14                 (7)  do all acts, whether or not expressly authorized, that the board                                   
15       considers necessary or proper in administering the assets of the fund;                                            
16                 (8)  enter into reciprocal agreements with [SHELDON JACKSON                                             
17       COLLEGE,] Alaska Pacific University [,] and other eligible educational institutions or                            
18       state tuition programs that the board determines to be beneficial to the advance college                          
19       tuition savings program;                                                                                          
20                 (9)  coordinate savings options established under the Alaska advance                                    
21       college tuition savings program and the administration of the fund with the Alaska                                
22       Higher Education Savings Trust (AS 14.40.802) including the creation of common                                    
23       administrative and record-keeping systems, marketing programs, and operating                                      
24       reserves.                                                                                                         
25    * Sec. 11. AS 14.42.015(a) is amended to read:                                                                     
26            (a)  There is in the Department of Education and Early Development the                                       
27       Alaska Commission on Postsecondary Education consisting of                                                        
28                 (1)  two members of the Board of Regents of the University of Alaska                                    
29       designated by the members of that body;                                                                           
30                 (2)  one person representing private higher education in the state                                      
31       selected by the Board of Trustees [JOINTLY BY THE BOARDS OF TRUSTEES]                                         
01       of Alaska Pacific University [AND SHELDON JACKSON COLLEGE] from among                                             
02       its [THEIR] membership;                                                                                       
03                 (3)  one person representing the Department of Education and Early                                      
04       Development selected by the state Board of Education and Early Development;                                       
05                 (4)  four persons broadly and equitably representative of the general                                   
06       public appointed by the governor;                                                                                 
07                 (5)  one member of the Alaska Workforce Investment Board                                                
08       established by AS 23.15.550 designated by the members of that body;                                               
09                 (6)  one person from the members of the local community college                                         
10       advisory councils appointed by the governor;                                                                      
11                 (7)  two members from the legislature, one of whom shall be appointed                                   
12       by the president of the senate and one by the speaker of the house of representatives;                            
13                 (8)  one person appointed in accordance with (e) of this section who is                                 
14       a full-time student as defined in AS 14.43.160;                                                                   
15                 (9)  one administrator appointed by the governor from a proprietary                                     
16       institution of postsecondary education that has an authorization to operate in the state                          
17       issued under AS 14.48.                                                                                            
18    * Sec. 12. AS 14.42.015(d) is amended to read:                                                                     
19            (d)  A full-time postsecondary student shall be appointed to the Alaska                                      
20       Commission on Postsecondary Education from a list of nominees submitted to the                                    
21       governor. The governor shall make the appointment from the list within 60 days after                              
22       it is submitted. The list must consist of the names of two nominees from Alaska                                   
23       Pacific University [, TWO NOMINEES FROM SHELDON JACKSON COLLEGE,]                                                 
24       and two nominees from each campus of the University of Alaska. The nominees shall                                 
25       be selected by the students at Alaska Pacific University [, SHELDON JACKSON                                       
26       COLLEGE,] and each campus of the University of Alaska by an election held on each                                 
27       campus. Elections under this subsection shall be held concurrently with student regent                            
28       elections required under AS 14.40.150(b) and conducted under rules established by the                             
29       Office of the Governor. The term of office of the student member of the commission is                             
30       two years and begins June 1 of the year in which the appointment is made.                                         
31       Membership on the commission is immediately forfeited by a student member who                                     
01       ceases to be a full-time student. Within 60 days after a vacancy occurs, the governor                             
02       shall appoint a successor from those students appearing on the list of nominees to                                
03       serve for the unexpired term of the original appointee. The term "campus" used in this                            
04       subsection means a portion of the University of Alaska designated as a "campus" by                                
05       the Board of Regents.                                                                                             
06    * Sec. 13. AS 16.20.070 is amended to read:                                                                        
07            Sec. 16.20.070. Relationship to other laws. AS 16.20.050 and 16.20.060                                 
08       [16.05.060] do not affect AS 16.05.871 - 16.05.891.                                                               
09    * Sec. 14. AS 18.56.855(j) is amended to read:                                                                     
10            (j)  In this section, "authorized state officer" means                                                       
11                 (1)  the commissioner of the department of the state for a building                                     
12       owned by the state;                                                                                               
13                 (2)  the executive director of a public corporation for a building owned                                
14       by the public corporation;                                                                                        
15                 (3)  the legislative council for a building owned by the legislature;                                   
16                 (4)  the administrative director of the Alaska Court System                                         
17       [COURTS] for a building owned by the judicial system;                                                             
18                 (5)  any other person designated in writing by a person listed in (1) - (4)                             
19       of this subsection.                                                                                               
20    * Sec. 15. AS 21.09.210(e) is amended to read:                                                                     
21            (e)  Payment to the director by an insurer of the tax upon its premiums required                             
22       by this section shall be in lieu of all other taxes imposed by the state upon premiums,                           
23       franchise, privilege, or other taxes measured by income of the insurer                                            
24       [COMMENCING WITH THE TAXABLE YEAR BEGINNING JANUARY 1, 1967].                                                     
25    * Sec. 16. AS 21.22.065(j) is amended to read:                                                                     
26            (j)  This section does not apply to                                                                          
27                 (1)  an acquisition subject to approval or disapproval by the director                                  
28       under AS 21.22.010;                                                                                               
29                 (2)  a purchase of securities solely for investment purposes if the                                     
30       securities are not used by voting or otherwise to cause or attempt to cause the                                   
31       substantial lessening of competition in an insurance market in this state; if a purchase                          
01       of securities for investment purposes results in a presumption of control under                                   
02       AS 21.22.200(3) [AS 21.22.200(2)], it is not solely for investment purposes unless the                        
03       insurance supervisory official of the insurer's state of domicile accepts a disclaimer of                         
04       control or affirmatively finds that control does not exist and the disclaimer action or                           
05       affirmative finding is communicated by the domiciliary insurance supervisory official                             
06       to the director;                                                                                                  
07                 (3)  the acquisition of a person by another person resulting in a change                                
08       of control of an insurer when both persons are neither directly nor through affiliates                            
09       primarily engaged in the business of insurance if preacquisition notification is filed                            
10       with the director under (c) of this section 30 days before the proposed effective date of                         
11       the acquisition; however, the preacquisition notification is not required for exclusion if                        
12       the acquisition would otherwise be excluded under this subsection;                                                
13                 (4)  the acquisition of an already affiliated person;                                                   
14                 (5)  an acquisition if, as an immediate result of the acquisition,                                      
15                      (A)  the combined market share of the involved insurers would                                      
16            not exceed five percent of a market;                                                                         
17                      (B)  there would not be an increase in a market share of the                                       
18            larger writer; or                                                                                            
19                      (C)  the combined market share of the involved insurers would                                      
20            not exceed 12 percent of a market and the market share of the larger writer                                  
21            would not increase by more than two percent of a market;                                                     
22                 (6)  an acquisition for which a preacquisition notification would be                                    
23       required under this section due solely to the resulting effect on the ocean marine                                
24       insurance line of business; or                                                                                    
25                 (7)  an acquisition of an insurer whose domiciliary supervisory                                         
26       insurance official affirmatively finds that the insurer is in a failing condition, there are                      
27       no feasible alternatives to improving this condition, the public benefits of improving                            
28       the insurer's condition through the acquisition exceed the public benefits that would                             
29       arise from not lessening competition, and these findings are communicated by the                                  
30       domiciliary supervisory insurance official to this state's director.                                              
31    * Sec. 17. AS 21.34.900(6) is amended to read:                                                                     
01                 (6)  "reciprocal state" means a state that the director has determined has                              
02       enacted provisions substantially similar to those contained in AS 21.34.170 and [,]                           
03       21.34.180 [, AND 21.34.210];                                                                                      
04    * Sec. 18. AS 21.39.040(k) is amended to read:                                                                     
05            (k)  The director                                                                                            
06                 (1)  may adopt regulations detailing the format and content of a rating                                 
07       system filing under this section;                                                                                 
08                 (2)  shall [, BY JULY 1, 2002,] adopt regulations consistent with the                                   
09       National Association of Insurance Commissioners Property and Casualty Model Rate                                  
10       and Policy Form Act, including those provisions relating to the format and content of                             
11       informational filings for rates for commercial insurance; the provisions of                                       
12       AS 21.39.030(a) apply to an informational filing authorized by the director; in this                              
13       paragraph, "informational filing" means a filing that the director does not approve                               
14       before its use and that meets the format and content requirements of regulations                                  
15       adopted by the director.                                                                                          
16    * Sec. 19. AS 21.40.010 is amended to read:                                                                        
17            Sec. 21.40.010. Filing statement of ownership of equity securities. Every                                  
18       person who is directly or indirectly the beneficial owner of more than 10 percent of a                            
19       class of an equity security of a domestic stock insurance company, or who is a director                           
20       or an officer of the company, shall file with the department [ON OR BEFORE JULY                                   
21       1, 1966, OR] within 10 days after becoming the beneficial owner, director, or officer,                            
22       a statement of the amount of all equity securities of the company of which the person                             
23       is the beneficial owner. Within 10 days after the close of each calendar month, if there                          
24       has been a change in ownership during the month, the beneficial owner, director, or                               
25       officer shall file with the department a statement indicating ownership at the close of                           
26       the calendar month, the changes in ownership that have occurred during the calendar                               
27       month, and any other information required by the department. Statements shall be                                  
28       made in a form prescribed by the department.                                                                      
29    * Sec. 20. AS 21.45.300(k) is amended to read:                                                                     
30            (k)  All adjusted premiums and present values referred to in this section shall                              
31       for all policies of ordinary insurance be calculated on the basis of the Commissioner's                           
01       1958 Standard Ordinary Mortality Table, except that for any category or ordinary                                  
02       insurance issued on female risks, adjusted premiums and present values may be                                     
03       calculated according to an age not more than six years younger than the actual age of                             
04       the insured. Except as provided in (l) [(1)] of this section, the calculations for all                        
05       policies of industrial insurance shall be made on the basis of the 1941 Standard                                  
06       Industrial Mortality Table. All calculations shall be made on the basis of the rate of                            
07       interest specified in the policy for calculating cash surrender values and paid-up                                
08       nonforfeiture benefits. The rate of interest specified in the policy may not exceed three                         
09       and one-half percent a year except that (1) a rate of interest not exceeding five and                             
10       one-half percent a year may be used for policies issued on or after July 1, 1978, and                             
11       (2) a rate of interest not exceeding six and one-half percent a year may be used for a                            
12       single premium whole life or endowment insurance policy. In calculating the present                               
13       value of paid-up term insurance with accompanying pure endowment, if any, offered                                 
14       as a nonforfeiture benefit, the rates of mortality assumed in the case of a policy of                             
15       ordinary insurance, may be not more than those shown in the Commissioner's 1958                                   
16       Extended Term Insurance Table. In the case of a policy of industrial insurance, the                               
17       rates of mortality may be not more than 130 percent of the rates of mortality according                           
18       to the 1941 Standard Industrial Mortality Table. The calculation of the adjusted                                  
19       premiums and present values for insurance issued on a substandard basis may be based                              
20       on another table of mortality as may be specified by the insurer and approved by the                              
21       director. This subsection does not apply to policies issued on or after the operative                             
22       date of (w) of this section.                                                                                      
23    * Sec. 21. AS 21.45.300(m) is amended to read:                                                                     
24            (m)  Except as provided in (s) of this section, the adjusted premiums for a                                  
25       policy shall be calculated on an annual basis and shall be a uniform percentage of the                            
26       respective premiums specified in the policy for each policy year, excluding amounts                               
27       payable as extra premiums to cover impairments or special hazards and also excluding                              
28       a uniform annual contract charge or policy fee specified in the policy in a statement of                          
29       the method to be used in calculating the cash surrender values and paid-up                                        
30       nonforfeiture benefits, that the present value, at the date of issue of the policy, of all                        
31       adjusted premiums shall be equal to the sum of (1) the then present value of the future                           
01       guaranteed benefits provided for by the policy; (2) one percent of either the amount of                           
02       insurance, if the insurance be uniform in amount, or the average amount of insurance                              
03       at the beginning of each of the first 10 policy years; and (3) 125 percent of the                                 
04       nonforfeiture net level premium as defined in (n) - (t) of this section. In applying the                          
05       percentage specified in (3) of this subsection [PARAGRAPH] a nonforfeiture net                                
06       level premium may [SHALL] not exceed four percent of either the amount of                                     
07       insurance, if the insurance is uniform in amount, or the average amount of insurance at                           
08       the beginning of each of the first 10 policy years. The date of issue of a policy for the                         
09       purpose of this subsection shall be the date as of which the rated age of the insured is                          
10       determined. This subsection applies to all policies issued after the operative date of                            
11       (w) of this section.                                                                                              
12    * Sec. 22. AS 21.96.070(f)(1) is amended to read:                                                                  
13                 (1)  "school district" means a borough school district, a city school                               
14       district, a regional educational attendance area, or a state boarding school [HAS                             
15       THE MEANING GIVEN IN AS 14.03.126];                                                                               
16    * Sec. 23. AS 22.15.100 is amended to read:                                                                        
17            Sec. 22.15.100. Functions and powers of district judge and magistrate.                                     
18       Each district judge and magistrate has the power                                                                  
19                 (1)  to issue writs of habeas corpus for the purpose of inquiring into the                              
20       cause of restraint of liberty, returnable before a judge of the superior court, and the                           
21       same proceedings shall be had on the writ as if it had been granted by the superior                               
22       court judge under the laws of the state in such cases;                                                            
23                 (2)  of a notary public;                                                                                
24                 (3)  to solemnize marriages;                                                                            
25                 (4)  to issue warrants of arrest, summons, and search warrants                                          
26       according to manner and procedure prescribed by law and the supreme court;                                        
27                 (5)  to act as an examining judge or magistrate in preliminary                                          
28       examinations in criminal proceedings; to set, receive, and forfeit bail and to order the                          
29       release of defendants under bail;                                                                                 
30                 (6)  to act as a referee in matters and actions referred to the judge or                                
31       magistrate by the superior court, with all powers conferred upon referees by laws;                                
01                 (7)  of the superior court in all respects including but not limited to                                 
02       contempts, attendance of witnesses, and bench warrants;                                                           
03                 (8)  to order the temporary detention of a minor, or take other action                                  
04       authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12,                             
05       when the minor is in a condition or surrounding dangerous or injurious to the welfare                             
06       of the minor or others that requires immediate action; the action may be continued in                             
07       effect until reviewed by the superior court in accordance with rules of procedure                                 
08       governing these cases;                                                                                            
09                 (9)  to issue a protective order in cases involving                                                     
10                      (A)  domestic violence as provided in AS 18.66.100 -                                               
11            18.66.180; or                                                                                                
12                      (B)  stalking or sexual assault as provided in AS 18.65.850 -                                      
13            18.65.870;                                                                                                   
14                 (10)  to review an administrative revocation of a person's driver's                                     
15       license or nonresident privilege to drive, and an administrative refusal to issue an                              
16       original license, when designated as a hearing officer by the commissioner of                                     
17       administration and with the consent of the administrative director of the Alaska Court                        
18       System [STATE COURT SYSTEM];                                                                                  
19                 (11)  to establish the fact of death or inquire into the death of a person                              
20       in the manner prescribed under AS 09.55.020 - 09.55.069;                                                          
21                 (12)  to issue an ex parte testing, examination, or screening order                                     
22       according to the manner and procedure prescribed by AS 18.15.375.                                                 
23    * Sec. 24. AS 22.15.250 is amended to read:                                                                        
24            Sec. 22.15.250. Disposition of fines. When by law any fees, fines, forfeitures,                            
25       or penalties are levied and collected by the district judge or magistrate, the proceeds                           
26       and all other money collected shall be accounted for and transmitted to the                                       
27       administrative director of the Alaska Court System [JUDICIAL SYSTEM] for                                      
28       transfer to the general fund of the state except as provided in AS 22.15.270.                                     
29    * Sec. 25. AS 22.20.037(a) is amended to read:                                                                     
30            (a)  Judicial employees shall be employed subject to classification and wage                                 
31       plans based on the merit principle and adapted to the special needs of the judiciary, as                          
01       determined by the administrative director of the Alaska Court System [COURTS].                                
02       Except as otherwise provided by law, all employees of the Alaska Court System                                 
03       [ALASKA COURT SYSTEM] and the judicial council are subject to the general state                                   
04       laws regarding leave, retirement, and travel.                                                                     
05    * Sec. 26. AS 22.20.037(c) is amended to read:                                                                     
06            (c)  The administrative director of the Alaska Court System [COURTS] shall                               
07       conduct a salary survey annually to ensure that employees of the Alaska Court                                 
08       System [ALASKA COURT SYSTEM] receive salaries consistent with those paid to                                   
09       employees in the classified and partially exempt state service.                                                   
10    * Sec. 27. AS 22.20.037(d) is amended to read:                                                                     
11            (d)  The administrative director of the Alaska Court System [COURT                                       
12       SYSTEM] shall file a travel and compensation report with the legislature by                                       
13       January 31 of each year. The report must contain detailed information for the previous                            
14       calendar year of the salaries, per diem, travel expenses, relocation expenses, and any                            
15       additional allowances for                                                                                         
16                 (1)  each justice of the supreme court;                                                                 
17                 (2)  each judge of the court of appeals; and                                                            
18                 (3)  the administrative director of the Alaska Court System [COURT                                  
19       SYSTEM].                                                                                                          
20    * Sec. 28. AS 22.20.300 is amended to read:                                                                        
21            Sec. 22.20.300. Administrative director. The chief justice of the supreme                                  
22       court shall, with the approval of the supreme court, appoint an administrative director                           
23       to serve at the pleasure of the supreme court and to supervise the administrative                                 
24       operations of the Alaska Court System [JUDICIAL SYSTEM].                                                      
25    * Sec. 29. AS 22.20.310 is amended to read:                                                                        
26            Sec. 22.20.310. Court system report. The administrative director of the                                
27       Alaska Court System shall, not later than March 15 of each year, make available to                            
28       the public and file with the senate secretary and the chief clerk of the house of                                 
29       representatives a report regarding the Alaska Court System. The report must include                               
30                 (1)  a profile of the Alaska Court System and its justices, judges, and                                 
31       magistrates;                                                                                                      
01                 (2)  a summary description of the administration of the court system,                                   
02       including detailed descriptions of its facilities, programs, and personnel;                                       
03                 (3)  average, mean, minimum, and maximum time periods between                                           
04       initial receipt and final disposition of cases classified by courts and by each justice,                          
05       judge, and magistrate;                                                                                            
06                 (4)  information identifying each justice, judge, or magistrate who has                                 
07       had salary withheld under the authority of AS 22.05.140(b), AS 22.07.090(b),                                      
08       AS 22.10.190(b), or AS 22.15.220(c) and the number of times and the time periods of                               
09       the occurrences;                                                                                                  
10                 (5)  other information and data relevant to aiding the public and the                                   
11       legislature in understanding the organization, administration, caseload, disposition of                           
12       cases, and accomplishments of the court system;                                                                   
13                 (6)  the travel expenses and per diem for each justice, judge, or                                       
14       magistrate for the previous calendar year.                                                                        
15    * Sec. 30. AS 22.20.320 is amended to read:                                                                        
16            Sec. 22.20.320. Information systems guidelines and plan. The administrative                                
17       director of the Alaska Court System [COURTS] shall establish information systems                              
18       guidelines and prepare a short-range and long-range information systems plan for the                              
19       court system. The guidelines and plan must be consistent with the telecommunications                              
20       information guidelines and plan adopted by the commissioner under AS 44.21.350 -                                  
21       44.21.390 and must be adapted to the special needs of the judicial branch as                                      
22       determined by the administrator of the Alaska Court System [COURTS].                                          
23    * Sec. 31. AS 22.20.430 is amended to read:                                                                        
24            Sec. 22.20.430. Bond. Before entering upon the duties of a public                                          
25       administrator, the public administrator shall execute and file with the administrative                            
26       director of the Alaska Court System [COURT SYSTEM] a surety bond in the form                                  
27       and amount to be determined by rule of the supreme court. The costs of the bond shall                             
28       be paid by the court system.                                                                                      
29    * Sec. 32. AS 22.25.090(f) is amended to read:                                                                     
30            (f)  In this section, "dependent child" means an unmarried child of a justice,                               
31       judge, or administrative director of the Alaska Court System who is dependent on                              
01       the justice, judge, or administrative director for support and who is either (1) less than                        
02       19 years old, or (2) less than 23 years old and registered at and attending on a full-time                        
03       basis an accredited educational or technical institution recognized by the Department                             
04       of Education and Early Development. The age limits set out in this subsection do not                              
05       apply to a child who is totally and permanently disabled.                                                         
06    * Sec. 33. AS 24.08.330(a) is amended to read:                                                                     
07            (a)  The Department of Education and Early Development is responsible for                                    
08       making official distribution of the Alaska Statutes to state executive branch agencies.                           
09       The administrative director of the Alaska Court System [COURT SYSTEM] is                                      
10       responsible for distribution to the court system. Distribution shall be made on the basis                         
11       of written lists submitted by the department and the court system to the Legislative                              
12       Affairs Agency within 90 days after the last day of each regular session of the                                   
13       legislature. A legislator is entitled to receive one set of the statutes for the member's                         
14       personal use, and this entitlement is restricted to the one set issued during a member's                          
15       entire legislative service. The commissioner of education and early development may                               
16       deposit one set of the statutes in each free public library within the state. The right of                        
17       sale to persons and organizations remains exclusively with the publisher.                                         
18    * Sec. 34. AS 33.05.030(b) is amended to read:                                                                     
19            (b)  The appointment of a probation officer shall be entered on the journal of                               
20       the court in the judicial district where the probation officer shall be assigned, and one                         
21       copy of the journal entry sent to the administrative director of the Alaska Court                             
22       System [COURTS].                                                                                              
23    * Sec. 35. AS 36.30.030 is amended to read:                                                                        
24            Sec. 36.30.030. Court system. The administrative director of the Alaska                                
25       Court System [COURTS] shall adopt and publish procedures to govern the                                        
26       procurement of supplies, services, professional services, and construction by the                                 
27       judicial branch. The procedures must be based on the competitive principles consistent                            
28       with this chapter and must be adapted to the special needs of the judicial branch as                              
29       determined by the administrative director of the Alaska Court System [COURTS].                                
30       The procedures must contain provisions for prohibiting procurement from a person                                  
31       that has headquarters in a country listed in Tier 3 of the most recent Trafficking in                             
01       Persons Report published by the United States Secretary of State under 22 U.S.C.                                  
02       7107(b)(1)(C). The procedures may contain provisions for restricting procurement                                  
03       from a person that conducts business in but does not have headquarters in a country                               
04       listed in Tier 3 of the most recent Trafficking in Persons Report published by the                                
05       United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The procedures must                               
06       be consistent with the provisions of AS 36.30.080(c) - (e) and 36.30.085.                                         
07       Notwithstanding the other provisions of this section, the judicial branch shall comply                            
08       with AS 36.30.170(b).                                                                                             
09    * Sec. 36. AS 38.07.010(a) is amended to read:                                                                     
10            (a)  The commissioner may select areas of state land classified as agricultural                              
11       and contract for the land to be cleared or drained or both at state expense. In this                              
12       selection and contracting, the commissioner shall be guided by the recommendations                                
13       of the United States Department of Agriculture, Natural Resources Conservation                                
14       Service [U.S. SOIL CONSERVATION SERVICE].                                                                     
15    * Sec. 37. AS 38.07.050 is amended to read:                                                                        
16            Sec. 38.07.050. Regulations. The commissioner shall, guided by                                             
17       recommendations of the United States Department of Agriculture, Natural                                       
18       Resources Conservation Service [U.S. SOIL CONSERVATION SERVICE], adopt                                        
19       regulations necessary to carry out the purpose of this chapter.                                                   
20    * Sec. 38. AS 38.07.060(3) is amended to read:                                                                     
21                 (3)  "crop" ["CROPPED"] means to manage [THE MANAGEMENT                                         
22       OF] a domestic planting including harvest.                                                                        
23    * Sec. 39. AS 39.35.680(22) is amended to read:                                                                    
24                 (22)  "member" or "employee"                                                                            
25                      (A)  means a person eligible to participate in the plan and who                                    
26            is covered by the plan;                                                                                      
27                      (B)  includes                                                                                      
28                           (i)  an active member;                                                                        
29                           (ii)  an inactive member;                                                                     
30                           (iii)  a vested member;                                                                       
31                           (iv)  a deferred vested member;                                                               
01                           (v)  a nonvested member;                                                                      
02                           (vi)  a disabled member;                                                                      
03                           (vii)  a retired member;                                                                      
04                           (viii)  an elected public officer under AS 39.35.381;                                         
05                      (C)  does not include                                                                              
06                           (i)  former members;                                                                          
07                           (ii)  persons compensated on a contractual or fee basis;                                      
08                           (iii)  casual or emergency workers or nonpermanent                                            
09                 employees as defined in AS 39.25.200;                                                                   
10                           (iv)  persons covered by the Alaska Teachers'                                                 
11                 Retirement System except as provided under AS 39.35.131 and                                             
12                 39.35.381, or persons covered by a university retirement program;                                       
13                           (v)  employees of the division of marine transportation                                       
14                 engaged in operating the state ferry system who are covered by a union                                  
15                 or group retirement system to which the state makes contributions;                                      
16                           (vi)  justices of the supreme court or judges of the court                                    
17                 of appeals or of the superior or district courts of Alaska;                                             
18                           (vii)  the administrative director of the Alaska Court                                    
19                 System [COURTS] appointed under art. IV, sec. 16 of the state                                       
20                 constitution unless the director becomes a member under                                                 
21                 AS 39.35.158;                                                                                           
22                           (viii)  members of the elected public officers' retirement                                    
23                 system (former AS 39.37); and                                                                           
24                           (ix)  contractual employees of the legislative branch of                                      
25                 state government under AS 24.10.060(f);                                                                 
26                      (D)  may include employees of the division of marine                                               
27            transportation excluded under (C)(v) of this paragraph provided that                                         
28                           (i)  the State of Alaska formally agrees to their inclusion                                   
29                 through the process of collective bargaining; and                                                       
30                           (ii)  no collective bargaining agreement has the effect of                                    
31                 obligating contributions made by the state under AS 39.30.150 in the                                    
01                 event the state resumes participation in the federal social security                                    
02                 system;                                                                                                 
03    * Sec. 40. AS 40.25.123(c) is amended to read:                                                                     
04            (c)  The administrative director of the Alaska Court System [COURTS] shall                               
05       supervise and adopt procedures for the operation and implementation of AS 40.25.110                               
06       - 40.25.140 by public agencies in the judicial branch.                                                            
07    * Sec. 41. AS 42.04.080(b) is amended to read:                                                                     
08            (b)  The commission shall adopt regulations [BY DECEMBER 31, 1999,] that                                     
09       establish standards of timeliness for the types of cases that come before the                                     
10       commission. The commission shall establish standards based in part on degrees of                                  
11       complexity of the cases.                                                                                          
12    * Sec. 42. AS 42.06.430 is amended to read:                                                                        
13            Sec. 42.06.430. General provisions as to accounts, records, and reports. To                                
14       the extent necessary to the performance of the duties of the commission as provided in                            
15       this chapter:                                                                                                     
16                 (1)  the commission by regulation shall, for the purposes of this section,                              
17       classify pipeline facilities, and may designate the pipeline facilities or groups of                              
18       pipeline facilities within the state that constitute a pipeline system for the purposes of                        
19       this section;                                                                                                     
20                 (2)  the commission may by regulation prescribe a uniform system of                                     
21       accounts for any classification of pipeline facilities which best represents and clearly                          
22       reveals the investment, revenues, direct operating costs and other expenses of the                                
23       subject classification of facilities, and may prescribe the manner in which the accounts                          
24       and supporting records are kept in order to clearly show the investment, revenues, and                            
25       costs pertaining to the subject facilities or to a pipeline system constituting a part of it;                     
26       accounts shall be maintained on the calendar year basis unless the commission                                     
27       specifically authorizes the maintenance of accounts on the basis of a fiscal year other                           
28       than the calendar year;                                                                                           
29                 (3)  the commission may by regulation require a pipeline carrier or                                     
30       affiliated interest engaged in activities relating to pipelines to establish and maintain as                      
31       part of its system of accounts continuing property records showing, as to property                                
01       units which are actually being used in pipeline activity in this state, the year of                               
02       placement in service, original cost and current location, and, as to a pipeline system,                           
03       accounts and records in a manner showing, on a current basis, the original cost of the                            
04       system in the state and related reserves for depreciation; from time to time the                                  
05       commission shall determine the proper and adequate rates of depreciation for each                                 
06       major class of property of an oil or gas pipeline facility;                                                       
07                 (4)  the pipeline carrier shall keep its accounts for its pipeline facilities                           
08       located in this state separate from any accounts relating to any other business                                   
09       (including another pipeline facilities business, or a subsidiary business) it engages in,                         
10       directly or indirectly; except as the commission provides, property, expense or revenue                           
11       used in or derived from the other business may not be considered in establishing the                              
12       rates and charges of the facility;                                                                                
13                 (5)  the pipeline carrier shall keep books, accounts, papers, and records                               
14       required by this chapter or by regulations adopted by the commission under this                                   
15       chapter in an office in this state and may not remove them from the state except upon                             
16       written authority by the commission;                                                                              
17                 (6)  for pipelines subject to the Interstate Commerce Act or the Natural                                
18       Gas Act, the uniform system of accounts and manner of maintaining them and the                                    
19       property records kept and maintained shall, where considered practicable by the                                   
20       commission, be the same as required under regulations prescribed by the applicable                                
21       federal agency; however, where federal law permits a pipeline carrier to consolidate its                          
22       reporting for more than one pipeline in which it has an ownership interest, the                                   
23       commission shall require the reports to be made on an individual pipeline basis for any                           
24       pipeline located wholly or in part in the state;                                                                  
25                 (7)  within 90 days after the close of its authorized annual accounting                                 
26       period, or within additional time granted by the commission for good cause shown, a                               
27       pipeline carrier shall file a verified annual report with the commission; the annual                              
28       report must consist of the following:                                                                             
29                      (A)  for a pipeline subject to the Interstate Commerce Act [49                                 
30            U.S.C. 1-1240 (INTERSTATE COMMERCE ACT)] or 15 U.S.C. 717 - 717w                                             
31            (Natural Gas Act), a copy of the annual report as filed with the appropriate                                 
01            federal agency under the applicable Act, and, for other pipelines, a report of                               
02            general corporation information and financial statements in the same general                                 
03            format as the report of pipelines of the same classification subject to the                                  
04            jurisdiction of the appropriate federal agency;                                                              
05                      (B)  in the same general format as the report referred to in (A)                                   
06            of this paragraph, a statement of income and investment applicable to pipelines                              
07            in this state, and a statement of investment, revenues, direct operating costs and                           
08            other expenses, detailed in accordance with the uniform system of accounts to                                
09            be applied under this chapter, for each pipeline system designated by the                                    
10            commission under (1) of this section; and                                                                    
11                      (C)  such additional accounts and information as may be                                            
12            required under (2) of this section;                                                                          
13                 (8)  the commission may require such additional accounts and                                            
14       information as may be necessary.                                                                                  
15    * Sec. 43. AS 43.55.023(a) is amended to read:                                                                     
16            (a)  A producer or explorer may take a tax credit for a qualified capital                                    
17       expenditure as follows:                                                                                           
18                 (1)  notwithstanding that a qualified capital expenditure may be a                                      
19       deductible lease expenditure for purposes of calculating the production tax value of oil                          
20       and gas under AS 43.55.160(a), unless a credit for that expenditure is taken under                                
21       AS 38.05.180(i), AS 41.09.010, AS 43.20.043, or AS 43.55.025, a producer or                                       
22       explorer that incurs a qualified capital expenditure may also elect to apply a tax credit                         
23       against a tax levied by AS 43.55.011(e) in the amount of 20 percent of that                                       
24       expenditure; however, not more than half of the tax credit may be applied for a single                            
25       calendar year;                                                                                                    
26                 (2)  a producer or explorer may take a credit for a qualified capital                                   
27       expenditure incurred in connection with geological or geophysical exploration or in                               
28       connection with an exploration well only if the producer or explorer                                              
29                      (A)  agrees, in writing, to the applicable provisions of                                           
30            AS 43.55.025(f)(2); and                                                                                  
31                      (B) submits to the Department of Natural Resources all data that                                   
01            would be required to be submitted under AS 43.55.025(f)(2).                                                  
02    * Sec. 44. AS 44.37.025(c) is amended to read:                                                                     
03            (c)  The department, with the concurrence of the administrative director of the                          
04       Alaska Court System [COURTS], may appoint judicial employees to perform                                       
05       services in connection with recording, providing access to, and copying documents in                              
06       locations where the department has not otherwise designated a public office to                                    
07       perform those functions.                                                                                          
08    * Sec. 45. AS 45.68.120(a) is amended to read:                                                                     
09            (a)  Registration is not required under AS 45.68.010 for                                                     
10                 (1)  a church or religious organization that is exempt from filing a                                    
11       federal annual information return under 26 U.S.C. 6033(a)(3)(A) [26 U.S.C.                                    
12       6033(a)(2)(A);]                                                                                                   
13                 (2)  a candidate for national, state, or local office, and a political party                            
14       or other committee or group if the candidate, party, committee, or group is required to                           
15       file financial information with the Alaska Public Offices Commission under AS 15.13                               
16       or with the Federal Election Commission under 2 U.S.C. 431 - 456 (Federal Election                                
17       Campaign Act);                                                                                                    
18                 (3)  a charitable organization that does not intend to raise or receive                                 
19       contributions, excluding government grants, in excess of $5,000 during a fiscal year of                           
20       the charitable organization, or that does not intend to receive contributions from more                           
21       than 10 persons during a fiscal year of the charitable organization if, in either                                 
22       situation,                                                                                                        
23                      (A)  all of the organization's functions, including solicitation,                                  
24            are performed by persons who are not paid for their services; and                                            
25                      (B)  an officer or member of the organization is not paid or does                                  
26            not otherwise receive all or a part of the assets or income of the charitable                                
27            organization;                                                                                                
28                 (4)  a person or municipality who has a permit under AS 05.15.100.                                      
29    * Sec. 46. This Act takes effect immediately under AS 01.10.070(c).