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).