Enrolled HB 292: Making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date.
00Enrolled HB 292 01 Making corrective amendments to the Alaska Statutes as recommended by the revisor of 02 statutes; and providing for an effective date. 03 _______________ 04 * Section 1. AS 04.11.160(e) is amended to read: 05 (e) A person who applies for issuance or renewal of a license under this 06 section shall file, on forms provided by the board, the following information regarding 07 each product line of alcoholic beverages that the person intends to purchase, offer for 08 sale, or sell: (1) the supplier of the product line; (2) the full and correct brand names in 09 the product line; (3) the name of the distiller, brewer, vintner, or importer of the 10 product line; and (4) a certification by the distiller, brewer, vintner, or importer of the 11 product line that the person is the primary source of supply for the product line. In 12 addition to the fees imposed under (a) and (b) of this section, a person filing under this 13 subsection shall pay a biennial filing fee as follows: 14 1 to 25 suppliers ..................................................................................... $ 5
01 26 to 50 suppliers ................................................................................... $1,000 02 51 to 75 suppliers ................................................................................... $1,500 03 over 75 suppliers .................................................................................... $2,000 04 In this subsection, "distiller, brewer, vintner, or importer" includes an exclusive agent 05 of the distiller, brewer, vintner, or importer if the agent's name appears on the label of 06 the brand approved by the Alcohol and Tobacco Tax and Trade Bureau 07 [FEDERAL BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS]. 08 * Sec. 2. AS 04.21.065(b) is amended to read: 09 (b) The warning signs required by (a) of this section must be at least 11 inches 10 by 14 inches and the lettering must be at least one-half inch high and in contrasting 11 colors. The first sign must read, "WARNING: Drinking alcoholic beverages such as 12 beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy 13 can cause birth defects." The second sign must read, "WARNING: A person who 14 provides alcoholic beverages to a person under 21 years of age, if convicted under 15 AS 04.16.051, could be imprisoned for up to five years and fined up to $50,000." The 16 third sign must read, "WARNING: A person under 21 years of age who enters these 17 premises in violation of law could, under AS 04.16.049(e), be civilly liable for 18 damages of $1,500 [$1,000]." The license or permit holder shall display the first and 19 second signs in a manner that would make them conspicuous to a person who will be 20 purchasing or consuming alcoholic beverages or smoking cigarettes on the licensed or 21 designated premises and shall conspicuously display the third sign at each door 22 through which customers enter the licensed premises. 23 * Sec. 3. AS 14.40.367 is amended to read: 24 Sec. 14.40.367. Confidential records relating to university land and 25 interests in land. Notwithstanding AS 40.25.100 - 40.25.295 [AS 40.25.100 - 26 40.25.220], on a determination that it is in the best interest of the University of Alaska 27 or on the request of the person who has provided the information, the president of the 28 university may keep the following confidential: 29 (1) the name of a person applying for the sale, lease, or other disposal 30 of university land or an interest in university land; 31 (2) before the issuance of a notice of intent to award a contract relating
01 to a sale, lease or disposal of university land or an interest in university land, the 02 names of the participants and the terms of their offers; 03 (3) all geological, well, geophysical, engineering, architectural, sales, 04 market, cost, appraisal, timber cruise, gross receipts, net receipts, or other financial 05 information relating to university land or an interest in university land and considered 06 for, offered for, or currently subject to disposal or a contract; 07 (4) cost data and financial information submitted by an applicant in 08 support of applications for bonds, leases, or other information in offerings and 09 ongoing operations relating to management of university land; 10 (5) applications for rights-of-way or easements across university land; 11 and 12 (6) requests for information about or applications by public agencies 13 for university land that is being considered for use for a public purpose. 14 * Sec. 4. AS 15.13.400(9) is amended to read: 15 (9) "immediate family" means the spouse, parent, child [PARENTS, 16 CHILDREN], including a stepchild and an adopted [ADOPTIVE] child, and sibling 17 [SIBLINGS] of an individual; 18 * Sec. 5. AS 16.43.140(a) is amended to read: 19 (a) A [AFTER JANUARY 1, 1974, A] person may not operate gear in the 20 commercial taking of fishery resources without a valid entry permit or a valid interim- 21 use permit issued by the commission. 22 * Sec. 6. AS 16.43.160(c) is amended to read: 23 (c) The [FOR AN ENTRY PERMIT OR AN INTERIM-USE PERMIT 24 ISSUED OR RENEWED FOR CALENDAR YEAR 2006 AND FOLLOWING 25 YEARS, THE] annual base fee for issuance or renewal of an entry permit or an 26 interim-use permit may not be less than $30 or more than $3,000. The annual base fee 27 must reasonably reflect the different rates of economic return for different fisheries. In 28 addition to the annual base fee established by the commission under this subsection, a 29 nonresident shall pay an annual nonresident surcharge for the issuance or renewal of 30 one or more entry permits or interim-use permits. The commission shall establish the 31 annual nonresident surcharge by regulation at an amount that is as close as is
01 practicable to the maximum allowed by law. 02 * Sec. 7. AS 16.43.160(d) is amended to read: 03 (d) The [FOR AN ENTRY PERMIT OR AN INTERIM-USE PERMIT 04 ISSUED OR RENEWED FOR CALENDAR YEAR 2006 AND FOLLOWING 05 YEARS, THE] holder of a permit whose household income, assets, and financial 06 resources fall within the eligibility standards for the food stamp program under 7 07 U.S.C. 2011 - 2025, as amended, is subject to an annual base fee for the issuance or 08 renewal of an entry permit or an interim-use permit that is equal to 50 percent of the 09 annual base fee that the permit holder would otherwise pay under (c) of this section. In 10 addition to the reduced annual base fee under this subsection, a nonresident who 11 qualifies for a reduced fee under this subsection shall pay the annual nonresident 12 surcharge established under (c) of this section. 13 * Sec. 8. AS 18.60.180 is amended to read: 14 Sec. 18.60.180. Regulations. The Department of Labor and Workforce 15 Development shall formulate definitions and regulations for the safe and proper 16 construction, installation, repair, use, and operation of boilers and for the safe and 17 proper construction, installation, and repair of unfired pressure vessels. The definitions 18 and regulations must be based upon and shall follow the generally accepted 19 nationwide engineering standards, formulae, and practices established for boiler and 20 unfired pressure vessel construction and safety. The Department of Labor and 21 Workforce Development may adopt the existing published codification of these 22 definitions and regulations, known as the American Society of Mechanical 23 Engineers Boiler and Pressure Vessel Code [BOILER CONSTRUCTION CODE 24 OF THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS], and may adopt 25 the amendments and interpretations made and published by that society. The 26 Department of Labor and Workforce Development shall adopt amendments and 27 interpretations to the code immediately upon their adoption by the American Society 28 of Mechanical Engineers so that the definitions and regulations at all times follow 29 generally accepted nationwide engineering standards. 30 * Sec. 9. AS 18.60.210(a) is amended to read: 31 (a) AS 18.60.180 - 18.60.390 do not apply to the following:
01 (1) boilers and unfired pressure vessels under federal regulation; 02 (2) unfired pressure vessels meeting the requirements of the federal 03 Department of Transportation for shipment of liquids or gases under pressure; 04 (3) air tanks located on vehicles operating under the regulations of 05 another state authority and used for carrying passengers or freight; 06 (4) air tanks installed on the right-of-way of railroads and used directly 07 in the operation of trains; 08 (5) unfired pressure vessels having a volume of five cubic feet or less 09 or vessels having an inside diameter not exceeding six inches; 10 (6) unfired pressure vessels designed for a pressure not exceeding 15 11 pounds per square inch when not located in a place of public assembly; 12 (7) manually fired miniature boilers for model locomotive, boat, 13 tractor, or stationary engines constructed or maintained as a hobby for exhibition use, 14 having a volume less than five cubic feet and grate area less than two square feet and 15 equipped with an American Society of Mechanical Engineers coded safety valve of 16 adequate capacity and size, a water level indicator, and pressure gauge; 17 (8) except as provided in (c) of this section, antique manually fired 18 boilers of locomotive, boat, tractor, or stationary engines constructed or maintained as 19 a hobby and equipped with an American Society of Mechanical Engineers coded 20 safety valve of adequate capacity and size; 21 (9) automatic utility hot water heaters that are used for space heating 22 using the potable system, if the hot water heater 23 (A) is equipped with a safety relief valve and operational 24 controls required by the latest American Society of Mechanical Engineers 25 Boiler and Pressure Vessel Code [BOILER CONSTRUCTION CODE] 26 published by the American Society of Mechanical Engineers that has been 27 adopted by the Department of Labor and Workforce Development under 28 AS 18.60.180; 29 (B) contains only water; 30 (C) does not exceed 120 gallons in capacity, a water 31 temperature of 210 degrees Fahrenheit, a pressure of 150 pounds of square
01 inch gauge pressure, or a heat input of more than 200,000 BTU an hour; and 02 (D) contains a tempering valve that will regulate the outlet 03 domestic water temperature at not more than 140 degrees Fahrenheit. 04 * Sec. 10. AS 18.80.300(1) is amended to read: 05 (1) "blockbusting" means an unlawful discriminatory practice by a real 06 estate broker [BROKERS], real estate salesperson [SALESMEN], or employee or 07 agent [EMPLOYEES OR AGENTS] of a broker or another individual, corporation, 08 partnership, or organization for the purpose of inducing a real estate transaction from 09 which any such person or its stockholders or members may benefit financially, to 10 represent directly or indirectly that a change has occurred or will or may occur from a 11 composition with respect to race, religion, color, or national origin of the owners or 12 occupants of the block, neighborhood, or area in which the real property is located, 13 and to represent directly or indirectly that this change may or will result in undesirable 14 consequences in the block, neighborhood, or area in which the real property is located, 15 including [BUT NOT LIMITED TO] the lowering of property values, an increase in 16 criminal or antisocial behavior, or decline in the quality of the schools or other 17 facilities; 18 * Sec. 11. AS 21.54.151 is amended to read: 19 Sec. 21.54.151. Mental health or substance use disorder benefits. A health 20 care insurer that offers a health care insurance plan in the group market shall comply 21 with the mental health or substance use disorder benefit requirements established 22 under 42 U.S.C. 300gg-26 [42 U.S.C. 300gg-5]. 23 * Sec. 12. AS 24.60.080(c) is amended to read: 24 (c) Notwithstanding (a)(1) of this section, it is not a violation of this section 25 for a person who is a legislator or legislative employee to accept 26 (1) hospitality, other than hospitality described in (4) of this 27 subsection, 28 (A) with incidental transportation at the residence of a person; 29 however, a vacation home located outside the state is not considered a 30 residence for the purposes of this subparagraph; or 31 (B) at a social event or meal;
01 (2) discounts that are available 02 (A) generally to the public or to a large class of persons to 03 which the person belongs; or 04 (B) when on official state business, but only if receipt of the 05 discount benefits the state; 06 (3) food or foodstuffs indigenous to the state that are shared generally 07 as a cultural or social norm; 08 (4) travel and hospitality primarily for the purpose of obtaining 09 information on matters of legislative concern; 10 (5) gifts from the immediate family of the person; in this paragraph, 11 "immediate family" means 12 (A) the spouse of the person; 13 (B) the person's domestic partner; 14 (C) a child, including a stepchild and an adopted 15 [ADOPTIVE] child, of the person or of the person's domestic partner; 16 (D) a parent, sibling, grandparent, aunt, or uncle of the person; 17 (E) a parent, sibling, grandparent, aunt, or uncle of the person's 18 spouse or the person's domestic partner; and 19 (F) a stepparent, stepsister, stepbrother, step-grandparent, step- 20 aunt, or step-uncle of the person, the person's spouse, or the person's domestic 21 partner; 22 (6) gifts that are not connected with the recipient's legislative status; 23 (7) a discount for all or part of a legislative session, including time 24 immediately preceding or following the session, or other gift to welcome a legislator 25 or legislative employee who is employed on the personal staff of a legislator or by a 26 standing or special committee to the capital city or in recognition of the beginning of a 27 legislative session if the gift or discount is available generally to all legislators and the 28 personal staff of legislators and staff of standing and special committees; this 29 paragraph does not apply to legislative employees who are employed by the 30 Legislative Affairs Agency, the office of the chief clerk, the office of the senate 31 secretary, the legislative budget and audit committee, the office of victims' rights, or
01 the office of the ombudsman; 02 (8) a gift of legal services in a matter of legislative concern and a gift 03 of other services related to the provision of legal services in a matter of legislative 04 concern; 05 (9) a gift of transportation from a legislator or a legislative employee to 06 a legislator or a legislative employee if the transportation takes place in the state on or 07 in an aircraft, boat, motor vehicle, or other means of transport owned or under the 08 control of the donor; this paragraph does not apply to travel described in (4) of this 09 subsection or travel for political campaign purposes; or 10 (10) a contribution to a charity event, a ticket to a charity event, or a 11 gift in connection with a charity event; in this paragraph, "charity event" has the 12 meaning given in (a)(2)(B) of this section. 13 * Sec. 13. AS 24.60.990(a)(6) is amended to read: 14 (6) "immediate family" means 15 (A) the spouse or domestic partner of the person; or 16 (B) a parent, child, including a stepchild and an adopted 17 [ADOPTIVE] child, and sibling of a person if the parent, child, or sibling 18 resides with the person, is financially dependent on the person, or shares a 19 substantial financial interest with the person; 20 * Sec. 14. AS 31.05.030(e) is amended to read: 21 (e) The commission may regulate 22 (1) for conservation purposes and, to the extent not in conflict with 23 regulation by the Department of Labor and Workforce Development or the 24 Department of Environmental Conservation, for public health and safety purposes, 25 (A) the drilling, producing, and plugging of wells; 26 (B) the perforating, fracture stimulation [SIMULATION], and 27 chemical treatment of wells; 28 (C) the spacing of wells; 29 (D) the disposal of salt water, nonpotable water, and oil field 30 wastes; 31 (E) the contamination or waste of underground water;
01 (F) the quantity and rate of the production of oil and gas from a 02 well or property; this authority shall also apply to a well or property in a 03 voluntary cooperative or unit plan of development or operation entered into in 04 accordance with AS 38.05.180(p); 05 (G) the underground injection of gas for purposes of storage; 06 (2) the disposal of drilling mud, cuttings, and nonhazardous drilling 07 operation wastes in the annular space of a well for which a permit to drill has been 08 issued by the commission; in this paragraph, a "nonhazardous drilling operation 09 waste" means a waste, other than a hazardous waste identified by the Environmental 10 Protection Agency in 40 C.F.R., Part 261, its regulation identifying and listing 11 hazardous wastes, associated with the act of drilling a well for exploratory or 12 production purposes. 13 * Sec. 15. AS 35.05.060 is amended to read: 14 Sec. 35.05.060. State assumption of nonfederal flood control project costs. 15 To the extent that funds are made available by the legislature, the state shall assume 90 16 percent of the nonfederal costs of planning, land acquisition, construction, and 17 maintenance of flood control projects authorized within the state by the United States 18 [BEFORE OR AFTER JUNE 6, 1971], except that the state shall assume the full share 19 of nonfederally funded costs with respect to those facilities that [WHICH] are 20 primarily state responsibilities, including [BUT NOT LIMITED TO] highways and 21 roads, parks and recreation, and fish and game facilities. The state shall participate in 22 federal flood control projects under this section only as to those projects authorized 23 and approved by the department. 24 * Sec. 16. AS 36.10.080 is amended to read: 25 Sec. 36.10.080. Chapter incorporated in contracts. The provisions of this 26 chapter are considered to be a part of every public works contract [LET AFTER 27 APRIL 24, 1960]. 28 * Sec. 17. AS 38.05.321(f) is amended to read: 29 (f) Notwithstanding (e) of this section, the landowner is not required to pay an 30 amount due under (e) of this section until the subdivided parcel is conveyed by the 31 owner to a person not a member of the person's immediate family. The department has
01 a lien on the parcel as security for payment of the amount due. For purposes of this 02 subsection, "immediate family" means 03 (1) the spouse of the person; or 04 (2) a parent, child, including a stepchild and an adopted [ADOPTIVE] 05 child, or sibling of the person if the parent, child, or sibling resides with the person, is 06 financially dependent on the person, or shares a substantial financial interest with the 07 person. 08 * Sec. 18. AS 39.50.200(a)(2) is amended to read: 09 (2) "child" includes a biological child, an adopted [ADOPTIVE] 10 child, and a stepchild; 11 * Sec. 19. AS 39.52.960(6) is amended to read: 12 (6) "child" includes a biological child, an adopted [ADOPTIVE] 13 child, and a stepchild; 14 * Sec. 20. AS 39.52.960(11) is amended to read: 15 (11) "immediate family member" means 16 (A) the spouse of the person; 17 (B) another person cohabiting with the person in a conjugal 18 relationship that is not a legal marriage; 19 (C) a child, including a stepchild and an adopted 20 [ADOPTIVE] child, of the person; 21 (D) a parent, sibling, grandparent, aunt, or uncle of the person; 22 and 23 (E) a parent or sibling of the person's spouse; 24 * Sec. 21. AS 43.60.010(c) is amended to read: 25 (c) A brewer shall pay a tax at the rate of 35 cents a gallon on sales of the first 26 60,000 barrels of beer sold in the state each fiscal year beginning July 1, 2001, for beer 27 produced in the United States if the producing brewery meets the qualifications of 26 28 U.S.C. 5051(a)(2). To qualify for the tax rate under this subsection, the brewer must 29 file with the department a copy of an Alcohol and Tobacco Tax and Trade Bureau 30 [A BUREAU OF ALCOHOL, TOBACCO AND FIREARMS] acknowledged copy of 31 the brewer's notice of intent to pay reduced rate of tax required under 27 C.F.R.
01 25.167 for the calendar year in which the fiscal year begins for which the partial 02 exemption is sought. If proof of eligibility is not received by the department before 03 June 1, the tax rate under this subsection does not apply until the first day of the 04 second month after the month the notice is received by the department. For purposes 05 of applying this subsection, a barrel of beer may contain not [NO] more than 31 06 gallons. 07 * Sec. 22. AS 15.56.019 and AS 16.43.228(e) are repealed. 08 * Sec. 23. This Act takes effect immediately under AS 01.10.070(c).