SB 35: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00 SENATE BILL NO. 35 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 03.40.030(a) is amended to read: 05 (a) To adopt a brand or mark, a person shall forward to the commissioner of 06 natural resources a facsimile of the brand or mark, together with a written application, 07 and the recording fee of $2. Upon receipt, the commissioner shall record the brand or 08 mark unless it is of record or conflicts with or closely resembles that of some other 09 person, in which case the commissioner shall return the facsimile and fee to the 10 applicant. A brand described as being on either side of the animal may not be accepted 11 or recorded. 12 * Sec. 2. AS 05.15.690(21) is amended to read: 13 (21) "fraternal organization" means a civic, service, or charitable 14 organization in the state, except a college or [AND] high school fraternity, not for
01 pecuniary profit, that is a branch or lodge or chapter, of a national or state organization 02 and exists for the common business, brotherhood, or other interest of its members; 03 * Sec. 3. AS 05.90.001(b) is amended to read: 04 (b) The Department of Public Safety, with the concurrence of the Department 05 of Transportation and Public Facilities, may grant, and for cause cancel, permission to 06 conduct a special racing event as provided in this section on [UPON] terms and 07 conditions and at times and places the department may determine. If the Department 08 of Public Safety refuses or cancels an applicant's permission [IS REFUSED OR 09 CANCELLED], the applicant may request [THE DEPARTMENT OF PUBLIC 10 SAFETY FOR] a hearing. The hearing shall be conducted under the provisions of 11 AS 44.62 (Administrative Procedure Act). 12 * Sec. 4. AS 09.45.820 is amended to read: 13 Sec. 09.45.820. Publication and posting of notice. The notice required by 14 Rule 4(e)(4), Alaska Rules of Civil Procedure [ALASKA RULE OF CIVIL 15 PROCEDURE 4(e)(4)] shall be published as provided in the rules, and a copy of the 16 notice shall be posted in a conspicuous place on each separate parcel of the entire real 17 property described in the complaint within 20 days after the first publication of the 18 notice. 19 * Sec. 5. AS 09.55.240(a) is amended to read: 20 (a) Except as provided in (d) and (e) of this section, the right of eminent 21 domain may be exercised for the following public uses: 22 (1) all public uses authorized by the government of the United States; 23 (2) public buildings and grounds for the use of the state and all other 24 public uses authorized by the legislature of the state; 25 (3) public buildings and grounds for the use of an organized or 26 unorganized borough, city, town, village, school district, or other municipal division, 27 whether incorporated or unincorporated; canals, aqueducts, flumes, ditches, or pipes 28 conducting water, heat, or gas for the use of the inhabitants of an organized or 29 unorganized borough, city, town, or other municipal division, whether incorporated or 30 unincorporated; raising the banks of streams, removing obstructions from them, and 31 widening, deepening, or straightening their channels; and roads, streets, and alleys,
01 and all other public uses for the benefit of an organized or unorganized borough, city, 02 town, or other municipal division whether incorporated or unincorporated, or its 03 inhabitants, which may be authorized by the legislature; 04 (4) wharves, docks, piers, chutes, booms, ferries, bridges of all kinds, 05 private roads, plant and turnpike roads, railroads, canals, ditches, flumes, aqueducts, 06 and pipes for public transportation, supplying mines and farming neighborhoods with 07 water, and draining and reclaiming land, and for floating logs and lumber on streams 08 not navigable, and sites for reservoirs necessary for collecting and storing water; 09 (5) roads, tunnels, ditches, flumes, pipes, and dumping places for 10 working mines; also outlets, natural or otherwise, for the flow, deposit, or conduct of 11 tailings or refuse matter from mines; also an occupancy in common by the owners or 12 possessors of different mines of any place for the flow, deposit, or conduct of tailings 13 or refuse matter from their several mines, and sites for reservoirs necessary for 14 collecting and storing water; 15 (6) private roads leading from highways to residences, mines, or farms; 16 (7) telephone lines; 17 (8) fiber-optic lines; 18 (9) telegraph lines; 19 (10) sewerage of an organized or unorganized borough, city, town, 20 village, or other municipal division, whether incorporated or unincorporated, or a 21 subdivision of it, or of a settlement consisting of not less than 10 families, or of public 22 buildings belonging to the state or to a college or university; 23 (11) tramway lines; 24 (12) electric power lines; 25 (13) for the location of pipelines for gathering, transmitting, 26 transporting, storing, or delivering natural or artificial gas or oil or any liquid or 27 gaseous hydrocarbons, including [, BUT NOT LIMITED TO,] pumping stations, 28 terminals, storage tanks, or reservoirs, and related installations. 29 * Sec. 6. AS 09.55.535(g) is amended to read: 30 (g) The attorney general shall prepare a list of persons consisting of lawyers or 31 other persons qualified to serve as chairperson of an arbitration board. They shall be
01 selected on the basis of their technical expertise, judicial temperament, and capability 02 of impartially acting on malpractice claims. The attorney general shall submit a list of 03 at least three names whenever requested to do so by the court along with detailed 04 biographical information on each person listed. 05 * Sec. 7. AS 09.55.590(g) is amended to read: 06 (g) Except for specific constitutional and statutory age requirements for voting 07 and use of alcoholic beverages, a minor whose disabilities are removed for general 08 purposes has the power and capacity of an adult, including [BUT NOT LIMITED TO] 09 the right to self-control, the right to be domiciled where one desires, the right to 10 receive and control one's earnings, the right to sue or to be sued, and the capacity to 11 contract. 12 * Sec. 8. AS 09.60.070(b) is amended to read: 13 (b) If a judgment for attorney fees is entered against an offender in a civil 14 action brought under this section, and a contract of insurance requires an insurer to pay 15 the attorney fees, the insurer shall be liable only for the attorney fees that would be 16 awarded to the plaintiff under Rule 82(b)(1), Alaska Rules of Civil Procedure 17 [ALASKA RULE OF CIVIL PROCEDURE 82(b)(1)]. 18 * Sec. 9. AS 09.68.110(g) is amended to read: 19 (g) The liability of a person for damages and penalties under this section is in 20 addition to liability for an award of reasonable attorney fees that may be made to the 21 prevailing party in a civil action under Rule 82, Alaska Rules of Civil Procedure 22 [ALASKA RULE OF CIVIL PROCEDURE 82]. 23 * Sec. 10. AS 10.06.208 is amended to read: 24 Sec. 10.06.208. Articles of incorporation. The articles of incorporation must 25 set out 26 (1) the name of the corporation; 27 (2) the purpose or purposes for which the corporation is organized, 28 which may be stated to be, or to include, the transaction of any or all lawful business 29 for which corporations may be incorporated under this chapter; 30 (3) if incorporation is after March 24, 1982, the address of its initial 31 registered office and the name of its initial registered agent;
01 (4) the name and address of each alien affiliate or a statement that there 02 are no alien affiliates; 03 (5) if the corporation is authorized to issue only one class of shares, the 04 total number of shares that the corporation is authorized to issue; 05 (6) if the corporation is authorized to issue more than one class of 06 shares, or if a class of shares is to have two or more series, 07 (A) the total number of shares of each class the corporation is 08 authorized to issue, and the total number of shares of each series that the 09 corporation is authorized to issue or of which the board is authorized to fix the 10 number of shares; 11 (B) the designation of each class, and the designation of each 12 series or that the board may determine the designation of any series; and 13 (C) the rights, preferences, privileges, and restrictions granted to 14 or imposed on the respective classes or series of shares or the holders of the 15 shares, or that the board, within any limits and restrictions stated, may 16 determine or alter the rights, preferences, privileges, and restrictions granted to 17 or imposed on a wholly unissued class of shares or a wholly unissued series of 18 any class of shares [; AND 19 (D) IF THE NUMBER OF SHARES OF A SERIES IS 20 AUTHORIZED TO BE FIXED BY THE BOARD, THE ARTICLES OF 21 INCORPORATION MAY ALSO AUTHORIZE THE BOARD, WITHIN 22 THE LIMITS AND RESTRICTIONS STATED IN THE ARTICLES OR 23 STATED IN A RESOLUTION OF THE BOARD ORIGINALLY FIXING 24 THE NUMBER OF SHARES CONSTITUTING A SERIES, TO INCREASE 25 OR DECREASE, BUT NOT BELOW THE NUMBER OF SHARES OF THE 26 SERIES THEN OUTSTANDING, THE NUMBER OF SHARES OF A 27 SERIES AFTER THE ISSUE OF SHARES OF THAT SERIES; IF THE 28 NUMBER OF SHARES OF A SERIES ARE DECREASED, THE SHARES 29 CONSTITUTING THE DECREASE SHALL RESUME THE STATUS 30 THEY HAD BEFORE THE ADOPTION OF THE RESOLUTION 31 ORIGINALLY FIXING THE NUMBER OF SHARES OF THE SERIES].
01 * Sec. 11. AS 10.06.210 is amended to read: 02 Sec. 10.06.210. Articles of incorporation; optional provisions. The articles 03 of incorporation may set out 04 (1) any of the following provisions, which are not effective unless 05 expressly provided in the articles: 06 (A) a provision granting, with or without limitations, the power 07 to levy assessments on [UPON] the shares or class of shares; 08 (B) a provision removing from shareholders preemptive rights 09 to subscribe to any or all issues of shares or securities; 10 (C) special qualifications of persons who may be shareholders; 11 (D) a provision limiting the duration of the corporation's 12 existence to a specified date; 13 (E) a provision restricting or eliminating the power of the board 14 or of the outstanding shares to adopt, amend, or repeal provisions of the bylaws 15 as provided in AS 10.06.228; 16 (F) a provision requiring, for any corporate action except as 17 provided in AS 10.06.460 and [AS] 10.06.605, the vote of a larger proportion 18 or of all of the shares of a class or series, or the vote or quorum for taking 19 action of a larger proportion or of all of the directors, than is otherwise 20 required by this chapter; 21 (G) a provision limiting or restricting the business in which the 22 corporation may engage or the powers that the corporation may exercise or 23 both; 24 (H) a provision conferring on [UPON] the holder of an 25 evidence of indebtedness, issued or to be issued by the corporation, the right to 26 vote in the election of directors and on any other matters on which 27 shareholders may vote; 28 (I) a provision conferring on shareholders the right to determine 29 the consideration for which shares shall be issued; 30 (J) a provision requiring the approval of the shareholders or the 31 approval of the outstanding shares for a corporate action, even though not
01 otherwise required by this chapter; 02 (K) a provision that one or more classes or series of shares are 03 redeemable as provided in AS 10.06.325; 04 (L) [REPEALED 05 (M)] a provision that confers or imposes the powers, duties, 06 privileges, and liabilities of directors on [UPON] delegates under 07 AS 10.06.450; 08 (M) [(N)] a provision eliminating or limiting the personal 09 liability of a director to the corporation or its stockholders for monetary 10 damages for the breach of fiduciary duty as a director; the articles of 11 incorporation may not eliminate or limit the liability of a director for (i) a 12 breach of a director's duty of loyalty to the corporation or its stockholders; (ii) 13 acts or omissions not in good faith or that involve intentional misconduct or a 14 knowing violation of law; (iii) wilful or negligent conduct involved in the 15 payment of dividends or the repurchase of stock from other than lawfully 16 available funds; or (iv) a transaction from which the director derives an 17 improper personal benefit; the provisions of this subparagraph 18 [PARAGRAPH] do not eliminate or limit the liability of a director for an act or 19 omission that occurs before the effective date of the articles of incorporation or 20 of an amendment to the articles of incorporation authorized by this 21 subparagraph [PARAGRAPH]; 22 (N) if the number of shares of a series is authorized to be 23 fixed by the board, a provision authorizing the board, within the limits 24 and restrictions stated in the articles or stated in a resolution of the board 25 originally fixing the number of shares constituting a series, to increase or 26 decrease, but not below the number of shares of the series then 27 outstanding, the number of shares of a series after the issue of shares of 28 that series; if the number of shares of a series are decreased, the shares 29 constituting the decrease shall resume the status they had before the 30 adoption of the resolution originally fixing the number of shares of the 31 series;
01 (2) reasonable restrictions on [UPON] the right to transfer or 02 hypothecate shares of a class or series, but a restriction is not binding on shares issued 03 before the adoption of the restriction unless the holders of those shares voted in favor 04 of the restriction; 05 (3) the names and addresses of the persons appointed to act as initial 06 directors; 07 (4) any other provision not in conflict with this chapter for the 08 management of the business and for the conduct of the affairs of the corporation, 09 including any provision that is required or permitted by this chapter to be stated in the 10 bylaws. 11 * Sec. 12. AS 10.06.405(c) is amended to read: 12 (c) Special meetings of the shareholders may be called by the board, the chair 13 [CHAIRMAN] of the board, the president, the holders of not less than one-tenth of all 14 the shares entitled to vote at the meeting, or other persons as may be authorized in the 15 articles of incorporation or the bylaws. 16 * Sec. 13. AS 10.06.408(a) is amended to read: 17 (a) To determine the shareholders entitled to notice of or to vote at a meeting 18 of shareholders or an adjournment of a meeting, [OR] to determine the shareholders 19 entitled to receive payment of a dividend, or to determine the shareholders for any 20 other proper purpose, the board of a corporation may provide that the stock transfer 21 books shall be closed for a stated period not exceeding 70 days. If the stock transfer 22 books are closed to determine shareholders entitled to notice of or to vote at a meeting 23 of shareholders, they shall be closed for at least 20 days immediately preceding the 24 meeting. 25 * Sec. 14. AS 10.06.433(b) is amended to read: 26 (b) In addition to the financial statement required by (a) of this section, unless 27 a corporation has a nonexempt class of securities registered under 15 U.S.C. 78l 28 (Securities Exchange Act of 1934) [SECTION 12 OF THE SECURITIES 29 EXCHANGE ACT OF 1934] or files reports under 43 U.S.C. 1606(c), 1607(c), and 30 1625 (Alaska Native Claims Settlement Act) [SECTIONS 7(c), 8(c), AND 28 OF 31 THE ALASKA NATIVE CLAIMS SETTLEMENT ACT], the annual report of a
01 corporation having 100 or more holders of record of its shares must also briefly 02 describe 03 (1) all transactions, excluding compensation of officers and directors, 04 during the previous fiscal year involving an amount in excess of $40,000, other than 05 contracts let at competitive bid or services rendered at prices regulated by law, to 06 which the corporation or its parent or subsidiary was a party, and in which a director 07 or officer of the corporation or of a subsidiary or, if known to the corporation, its 08 parent, or subsidiary, a holder of more than 10 percent of the outstanding voting shares 09 of the corporation had a direct or indirect material interest; the report must include the 10 name of the person, the person's relationship to the corporation, the nature of the 11 person's interest in the transaction and, if practicable, the amount of the interest; in the 12 case of a transaction with a partnership of which the person is a partner, only the 13 interest of the partnership need be stated; a report is not required in the case of 14 transactions approved by the shareholders under AS 10.06.478; 15 (2) the amount and circumstances of indemnifications or advances 16 aggregating more than $10,000 paid during the fiscal year to an officer or director of 17 the corporation under AS 10.06.490; a report is not required in the case of 18 indemnification approved by the shareholders under AS 10.06.490(d)(3). 19 * Sec. 15. AS 10.06.960(n) is amended to read: 20 (n) Notwithstanding AS 10.06.504(d), an amendment to the articles of 21 incorporation of a corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native 22 Claims Settlement Act) and incorporated under former AS 10.05.005 to add a 23 provision eliminating or limiting the personal liability of a director to the corporation 24 or its stockholders for monetary damages under AS 10.06.210(1)(M) 25 [AS 10.06.210(1)(N)] may be adopted by the affirmative vote of a majority of the 26 shares represented at the regular or special meeting at which a quorum is present in 27 person or by proxy. 28 * Sec. 16. AS 10.06.990(3) is amended to read: 29 (3) "alien" means 30 (A) an individual who is not a citizen or national of the United 31 States, or who is not lawfully admitted to the United States for permanent
01 residence, or paroled into the United States under 8 U.S.C. 1101 - 1524 02 (Immigration and Nationality Act), as amended [THE IMMIGRATION 03 AND NATIONALITY ACT (8 U.S.C. 1101 - 1525, AS AMENDED)]; 04 (B) a person, other than an individual, that was not created or 05 organized under the laws of the United States or of a state, or whose principal 06 place of business is not located in any state; or 07 (C) a person, other than an individual, that was created or 08 organized under the laws of the United States or of a state, or whose principal 09 place of business is located in a state, and that is controlled by a person 10 described in (A) or (B) of this paragraph; 11 * Sec. 17. AS 10.06.990(24) is amended to read: 12 (24) ["LIQUIDATION PRICE" OR] "liquidation preference" means 13 amounts payable for shares of a class upon voluntary or involuntary dissolution, 14 winding up or distribution of the entire assets of the corporation, including any 15 cumulative dividends accrued and unpaid, in priority to shares of another class or 16 classes; 17 * Sec. 18. AS 10.06.990(31) is amended to read: 18 (31) "parent" [OR "PARENT CORPORATION"] means an affiliate 19 controlling a specified corporation directly or indirectly through one or more 20 intermediaries; 21 * Sec. 19. AS 14.16 is amended by adding a new section to article 2 to read: 22 Sec. 14.16.100. Application for residential school. Before establishing a 23 residential school, a [A] school district shall apply to the department for approval to 24 establish and operate a statewide or district-wide residential school. The department 25 shall accept applications during an open application period conducted annually. A 26 period of open application in itself does not indicate that the department will approve 27 the establishment of a new residential school. 28 * Sec. 20. AS 14.20.149(h) is amended to read: 29 (h) Information provided to a school district under the school district's 30 certificated employee evaluation system concerning the performance of an individual 31 being evaluated under the system is not a public record and is not subject to disclosure
01 under AS 40.25.100 - 40.25.295 [AS 40.25]. However, the individual who is the 02 subject of the evaluation is entitled to a copy of the information and may waive the 03 confidentiality provisions of this subsection concerning the information. 04 * Sec. 21. AS 15.13.374(f) is amended to read: 05 (f) Advisory opinion requests and advisory opinions are public records subject 06 to inspection and copying under AS 40.25.100 - 40.25.295 [AS 40.25], except that, if a 07 person requesting an advisory opinion requests that the person's name be kept 08 confidential, the person's name shall be kept confidential and the commission shall 09 redact the name of the requester from the request and from the advisory opinion before 10 making the request and opinion public. 11 * Sec. 22. AS 23.10.110(g) is amended to read: 12 (g) Failure to inquire into Alaska law is not consistent with a claim of good 13 faith under this section [SUBSECTION]. 14 * Sec. 23. AS 23.30.107(b) is amended to read: 15 (b) Medical or rehabilitation records, and the employee's name, address, social 16 security number, electronic mail address, and telephone number contained on any 17 record, in an employee's file maintained by the division or held by the board or the 18 commission are not public records subject to public inspection and copying under 19 AS 40.25.100 - 40.25.295 [AS 40.25]. This subsection does not prohibit 20 (1) the reemployment benefits administrator, the division, the board, 21 the commission, or the department from releasing medical or rehabilitation records in 22 an employee's file, without the employee's consent, to a physician providing medical 23 services under AS 23.30.095(k) or 23.30.110(g), a party to a claim filed by the 24 employee, or a governmental agency; or 25 (2) the quoting or discussing of medical or rehabilitation records 26 contained in an employee's file during a hearing on a claim for compensation or in a 27 decision or order of the board or commission. 28 * Sec. 24. AS 28.15.261(1) is amended to read: 29 (1) "licensee" includes [, BUT IS NOT LIMITED TO,] an applicant for 30 a new driver's license if the applicant's license was revoked under AS 28.15.221 - 31 28.15.261;
01 * Sec. 25. AS 28.15.271(a) is amended to read: 02 (a) The fees for drivers' licenses and permits, including [BUT NOT LIMITED 03 TO] renewals, and all related driver skills tests are as follows: 04 (1) all noncommercial vehicles and motor-driven cycles 05 (A) each license fee ...................... $20; 06 (B) each driver skills test ................... $15; 07 (2) all commercial motor vehicles 08 (A) each license fee ..................... $100; 09 (B) each driver skills test ................... $25; 10 (3) instruction permit .......................... $15; 11 (4) duplicate of driver's license or instruction permit ...... $15; 12 (5) temporary license and renewal of permit ............ $5; 13 (6) school bus driver's endorsement renewal ............ $5. 14 * Sec. 26. AS 28.35.036(e) is amended to read: 15 (e) Disposal under this subsection includes [, BY WAY OF EXAMPLE AND 16 NOT OF LIMITATION,] 17 (1) sale, as a unit or in parts, including sale at an auction, and the 18 proceeds deposited into the general fund; 19 (2) transfer to a state or municipal law enforcement agency; 20 (3) being declared surplus and transferred to the Department of 21 Administration; 22 (4) being destroyed; or 23 (5) transfer to a charitable organization; in this paragraph, "charitable 24 organization" means a charity that is exempt from taxation under 26 U.S.C. 501(c)(3) 25 (Internal Revenue Code). 26 * Sec. 27. AS 31.25.090(g) is amended to read: 27 (g) The portions of records containing information acquired or provided by the 28 corporation under a confidentiality agreement are not subject to AS 40.25.100 - 29 40.25.295 [AS 40.25]. The corporation may enter into confidentiality agreements with 30 a public agency, as defined in AS 40.25.220, to allow release of confidential 31 information. The portions of the records and files of a public agency bound by a
01 confidentiality agreement that reflect, incorporate, or analyze information subject to a 02 confidentiality agreement under this subsection are not public records. Confidentiality 03 agreements entered into under this subsection are valid and binding against all parties 04 in accordance with the terms of the confidentiality agreement. 05 * Sec. 28. AS 31.25.090(h) is amended to read: 06 (h) Information and trade secrets of the corporation are confidential and not 07 subject to AS 40.25.100 - 40.25.295 [AS 40.25] if the corporation determines that 08 disclosure would cause commercial or competitive harm or damage to the corporation. 09 Information that discloses the particulars of a business or the affairs of a private 10 enterprise, investor, advisor, consultant, counsel, or manager that is developed or 11 obtained by the corporation and related to the development, financing, construction, or 12 operation of an in-state natural gas pipeline project by the corporation is confidential 13 and not subject to AS 40.25.100 - 40.25.295 [AS 40.25]. The corporation may waive 14 the confidentiality described in this subsection, except for information that is 15 confidential under another provision of state law or under a federal law or regulation 16 and except for information acquired from another person that is subject to a 17 confidentiality agreement, if the waiver is consistent with the interests of the state and 18 will facilitate the development, financing, or construction of an in-state natural gas 19 pipeline. On the date that the in-state natural gas pipeline project becomes operational, 20 the corporation shall make available, upon request under AS 40.25.100 - 40.25.295 21 [AS 40.25], records that were exempt from AS 40.25.100 - 40.25.295 [AS 40.25] 22 under this subsection or (g) of this section, unless the corporation determines that 23 (1) maintaining the confidentiality of the information is necessary to 24 protect the economic interests of the corporation or the state; or 25 (2) disclosure of the information will violate another provision of state 26 law, a federal law or regulation, or the terms of a confidentiality agreement or other 27 agreement to which the corporation is a party or that is binding on the corporation. 28 * Sec. 29. AS 39.25.160(e) is amended to read: 29 (e) An employee in the classified, partially exempt, or exempt service who 30 seeks nomination or becomes a candidate for state or national elective political office 31 shall immediately resign any position held in the state service. The employee's
01 position becomes vacant on the date the employee files a declaration of candidacy for 02 state or national elective office. This subsection applies to employees in the exempt 03 service, except those listed below, notwithstanding AS 39.25.110. This subsection 04 does not apply to 05 (1) justices [A JUSTICE], judges, magistrates, and employees of the 06 judicial branch, including employees of the judicial council; 07 (2) the governor or the lieutenant governor; 08 (3) a member of the legislature; 09 (4) an employee seeking election as a delegate to a constitutional 10 convention; 11 (5) officers and employees of the University of Alaska; 12 (6) certificated teachers and noncertificated employees employed by a 13 regional educational attendance area established and organized under AS 14.08.031 - 14 14.08.041 to teach in, administer, or operate schools under the control of a regional 15 educational attendance area school board; 16 (7) certificated teachers employed as correspondence teachers, teachers 17 in skill centers operated by the Department of Education and Early Development, or 18 teachers at Mt. Edgecumbe School; 19 (8) members of boards and commissions and authorities if the member 20 is not entitled to compensation other than per diem and travel for service on the board, 21 commission, or authority; 22 (9) emergency firefighting personnel employed by the Department of 23 Natural Resources for a fire emergency or for fire prevention and related activities 24 conducted under AS 41.15.030; 25 (10) youth employed by the Department of Natural Resources under the 26 Youth Employment and Student Intern programs; 27 (11) students employed by the state institutions in which the students 28 are enrolled; 29 (12) persons engaged in employment or pre-employment training 30 programs operated by the Department of Military and Veterans' Affairs; 31 (13) a participant in the Alaska temporary assistance program under
01 AS 47.27 who holds a temporary position with the state in order to obtain job training 02 or experience. 03 * Sec. 30. AS 39.30.090(a) is amended to read: 04 (a) The Department of Administration may obtain a policy or policies of group 05 insurance covering state employees, persons entitled to coverage under AS 14.25.168, 06 14.25.480, AS 22.25.090, AS 39.35.535, 39.35.880, or former AS 39.37.145, 07 employees of other participating governmental units, or persons entitled to coverage 08 under AS 23.15.136, subject to the following conditions: 09 (1) a [A] group insurance policy shall provide one or more of the 10 following benefits: life insurance, accidental death and dismemberment insurance, 11 weekly indemnity insurance, hospital expense insurance, surgical expense insurance, 12 dental expense insurance, audiovisual insurance, or other medical care insurance; [.] 13 (2) each [EACH] eligible employee of the state, the spouse and the 14 unmarried children chiefly dependent on the eligible employee for support, and each 15 eligible employee of another participating governmental unit shall be covered by the 16 group policy, unless exempt under regulations adopted by the commissioner of 17 administration; [.] 18 (3) a [A] governmental unit may participate under a group policy if 19 (A) its governing body adopts a resolution authorizing 20 participation [,] and payment of required premiums; 21 (B) a certified copy of the resolution is filed with the 22 Department of Administration; and 23 (C) the commissioner of administration approves the 24 participation in writing; [.] 25 (4) in [IN] procuring a policy of group health or group life insurance as 26 provided under this section or excess loss insurance as provided in AS 39.30.091, the 27 Department of Administration shall comply with the dual choice requirements of 28 AS 21.86.310, and shall obtain the insurance policy from an insurer authorized to 29 transact business in the state under AS 21.09, a hospital or medical service corporation 30 authorized to transact business in this state under AS 21.87, or a health maintenance 31 organization authorized to operate in this state under AS 21.86; an [. AN] excess loss
01 insurance policy may be obtained from a life or health insurer authorized to transact 02 business in this state under AS 21.09 or from a hospital or medical service corporation 03 authorized to transact business in this state under AS 21.87; [.] 04 (5) the [THE] Department of Administration shall make available bid 05 specifications for desired insurance benefits or for administration of benefit claims and 06 payments to (A) all insurance carriers authorized to transact business in this state 07 under AS 21.09 and all hospital or medical service corporations authorized to transact 08 business under AS 21.87 who are qualified to provide the desired benefits; and (B) to 09 insurance carriers authorized to transact business in this state under AS 21.09, hospital 10 or medical service corporations authorized to transact business under AS 21.87, and 11 third-party administrators licensed to transact business in this state and qualified to 12 provide administrative services; the [. THE] specifications shall be made available at 13 least once every five years; the [. THE] lowest responsible bid submitted by an 14 insurance carrier, hospital or medical service corporation, or third-party administrator 15 with adequate servicing facilities shall govern selection of a carrier, hospital or 16 medical service corporation, or third-party administrator under this section or the 17 selection of an insurance carrier or a hospital or medical service corporation to provide 18 excess loss insurance as provided in AS 39.30.091; [.] 19 (6) if [IF] the aggregate of dividends payable under the group insurance 20 policy exceeds the governmental unit's share of the premium, the excess shall be 21 applied by the governmental unit for the sole benefit of the employees; [.] 22 (7) a [A] person receiving benefits under AS 14.25.110, AS 22.25, 23 AS 39.35, or former AS 39.37 may continue the life insurance coverage that was in 24 effect under this section at the time of termination of employment with the state or 25 participating governmental unit; [.] 26 (8) a [A] person electing to have insurance under (7) of this subsection 27 shall pay the cost of this insurance; [.] 28 (9) for [FOR] each permanent part-time employee electing coverage 29 under this section, the state shall contribute one-half the state contribution rate for 30 permanent full-time state employees, and the permanent part-time employee shall 31 contribute the other one-half; [.]
01 (10) a [A] person receiving benefits under AS 14.25, AS 22.25, 02 AS 39.35, or former AS 39.37 may obtain auditory, visual, and dental insurance for 03 that person and eligible dependents under this section; the [. THE] level of coverage 04 for persons over 65 shall be the same as that available before reaching age 65 except 05 that the benefits payable shall be supplemental to any benefits provided under the 06 federal old age, survivors, and disability insurance program; a [. A] person electing to 07 have insurance under this paragraph shall pay the cost of the insurance; the [. THE] 08 commissioner of administration shall adopt regulations implementing this paragraph; 09 [.] 10 (11) a [A] person receiving benefits under AS 14.25, AS 22.25, 11 AS 39.35, or former AS 39.37 may obtain long-term care insurance for that person and 12 eligible dependents under this section; a [. A] person who elects insurance under this 13 paragraph shall pay the cost of the insurance premium; the [. THE] commissioner of 14 administration shall adopt regulations to implement this paragraph; [.] 15 (12) each [EACH] licensee holding a current operating agreement for a 16 vending facility under AS 23.15.010 - 23.15.210 shall be covered by the group policy 17 that applies to governmental units other than the state. 18 * Sec. 31. AS 39.35.680(37) is amended to read: 19 (37) "qualified domestic relations order" means a divorce or dissolution 20 judgment under AS 25.24, including an order approving a property settlement, that 21 (A) creates or recognizes the existence of an alternate payee's 22 right to, or assigns to an alternate payee the right to, receive all or a portion of 23 an employee contribution account or the benefits payable with respect to an 24 employee; 25 (B) sets out the name and last known mailing address, if any, of 26 the employee and of each alternate payee covered by the order; 27 (C) sets out the amount or percentage of the employee's benefit, 28 or of any survivor's benefit, to be paid to the alternate payee, or sets out the 29 manner in which that amount or percentage is to be determined; 30 (D) sets out the number of payments or period to which the 31 order applies;
01 (E) sets out the retirement plan to which the order applies; 02 (F) does not require any type or form of benefit or any option 03 not otherwise provided by AS 39.35.095 - 39.35.680; 04 (G) does not require an increase of benefits in excess of the 05 amount provided by AS 39.35.095 - 39.35.680, determined on the basis of 06 actuarial value; and 07 (H) does not require the payment to an alternate payee of 08 benefits that are required to be paid to another alternate payee under another 09 order previously determined to be a qualified domestic relations order; 10 * Sec. 32. AS 41.35.310 is amended to read: 11 Sec. 41.35.310. Composition of commission. The Alaska Historical 12 Commission consists of the following persons: 13 (1) the lieutenant governor; 14 (2) the state historic preservation officer [LIAISON OFFICER] 15 appointed under 16 U.S.C. 470 - 470n (P.L. 89-665, National Historic Preservation 16 Act of 1966); 17 (3) three persons with professionally relevant backgrounds appointed 18 from each of the following fields: history, architecture, and archeology; 19 (4) one person appointed to represent indigenous ethnic groups; 20 (5) two persons appointed from a list of recommended nominees, 21 containing at least four names, submitted each year by the Alaska Historical Society; 22 (6) one other person. 23 * Sec. 33. AS 43.90.160(b) is amended to read: 24 (b) Applications received under this chapter are not subject to public disclosure 25 under AS 40.25.100 - 40.25.295 [AS 40.25] until the commissioners publish notice 26 under this section. However, information that the commissioners have determined is 27 proprietary or a trade secret under AS 43.90.150 may not be made public even after 28 the notice is published under (a) of this section, except as otherwise provided in 29 AS 43.90.150. If information is proprietary or a trade secret and is held confidential 30 under AS 43.90.150, the applicant shall provide a summary of the confidential 31 information that is satisfactory to the commissioners, and the commissioners shall
01 make the summary of the information available to the public. 02 * Sec. 34. AS 43.90.220(e) is amended to read: 03 (e) All proprietary information, privileged information, and trade secrets 04 received by the commissioners or their representative under (d) of this section are not 05 subject to public disclosure under AS 40.25.100 - 40.25.295 [AS 40.25]. 06 * Sec. 35. AS 44.62.330(a) is amended to read: 07 (a) The procedure of the state boards, commissions, and officers listed in this 08 subsection or of their successors by reorganization under the constitution shall be 09 conducted under AS 44.62.330 - 44.62.630. This procedure, including [, BUT NOT 10 LIMITED TO,] accusations and statements of issues, service, notice and time and 11 place of hearing, subpoenas, depositions, matters concerning evidence and decisions, 12 conduct of hearing, judicial review and scope of judicial review, continuances, 13 reconsideration, reinstatement or reduction of penalty, contempt, mail vote, oaths, 14 impartiality, and similar matters shall be governed by this chapter, notwithstanding 15 similar provisions in the statutes dealing with the state boards, commissions, and 16 officers listed. Where indicated, the procedure that shall be conducted under 17 AS 44.62.330 - 44.62.630 is limited to named functions of the agency. 18 (1) Board of Chiropractic Examiners; 19 (2) Board of Dental Examiners; 20 (3) State Board of Registration for Architects, Engineers, and Land 21 Surveyors; 22 (4) Board of Examiners in Optometry; 23 (5) State Medical Board; 24 (6) Division of Lands under Alaska Land Act where applicable; 25 (7) Board of Nursing functions, except those related to findings of 26 abuse, neglect, or misappropriation of property contained in the registry of certified 27 nurse aides under AS 08.68.333; 28 (8) Board of Pharmacy; 29 (9) Board of Public Accountancy; 30 (10) Department of Labor and Workforce Development as to functions 31 relating to employment security only as provided in (c) of this section;
01 (11) Real Estate Commission; 02 (12) Alaska Workers' Compensation Board, where procedures are not 03 otherwise expressly provided by the Alaska Workers' Compensation Act; 04 (13) Department of Transportation and Public Facilities, as to functions 05 relating to aeronautics and communications; 06 (14) Department of Public Safety, as to suspension or revocation of a 07 security guard's license under AS 18.65.400 - 18.65.490; 08 (15) Department of Health and Social Services and Department of 09 Environmental Conservation under AS 17.20 (Alaska Food, Drug, and Cosmetic Act), 10 and Department of Commerce, Community, and Economic Development in 11 connection with the licensing of embalmers and funeral directors under AS 08.42; 12 (16) Department of Environmental Conservation, under AS 18.35.010 - 13 18.35.090, concerning the regulation of tourist and trailer camps, motor courts, and 14 motels; 15 (17) Board of Marine Pilots; 16 (18) Alaska Police Standards Council; 17 (19) Big Game Commercial Services Board; 18 (20) Alaska Public Offices Commission; 19 (21) Board of Fisheries; 20 (22) Board of Game; 21 (23) [THE] Department of Education and Early Development and 22 [THE] Professional Teaching Practices Commission with regard to proceedings to 23 revoke or suspend a teacher's certificate under AS 14.20.030 - 14.20.040 and 24 AS 14.20.470(a)(4); 25 (24) Alaska Commission on Postsecondary Education under AS 14.48 26 as to denial of applications and revocation of authorizations and permits; 27 (25) Department of Environmental Conservation, except to the extent 28 that AS 44.62.360 - 44.62.400 are inconsistent with the manner in which proceedings 29 are initiated under the provisions of AS 46.03 and AS 46.14; 30 (26) Board of Psychologist and Psychological Associate Examiners; 31 (27) [THE] Department of Fish and Game as to functions relating to the
01 protection of fish and game under AS 16.05.871; 02 (28) Board of Veterinary Examiners; 03 (29) Department of Commerce, Community, and Economic 04 Development concerning the licensing and regulation of nursing home administrators; 05 (30) Board of Barbers and Hairdressers; 06 (31) Department of Natural Resources concerning the Alaska grain 07 reserve program under former AS 03.12; 08 (32) Department of Commerce, Community, and Economic 09 Development concerning the licensing and regulation of audiologists and speech- 10 language pathologists under AS 08.11; 11 (33) Department of Commerce, Community, and Economic 12 Development concerning the licensing and regulation of hearing aid dealers under 13 AS 08.55; 14 (34) Board of Certified Real Estate Appraisers; 15 (35) Department of Labor and Workforce Development as to functions 16 related to employment rights of the organized militia under AS 26.05.075; 17 (36) Board of Certified Direct-Entry Midwives; 18 (37) Board of Marital and Family Therapy; 19 (38) [THE] Department of Revenue for administrative review of 20 actions taken under AS 43.50 relating to a tobacco product manufacturer's compliance 21 with statutory requirements regarding cigarette sales; 22 (39) [THE] Department of Commerce, Community, and Economic 23 Development as to the licensing and regulation of private professional guardians and 24 conservators under AS 08.26; 25 (40) Department of Commerce, Community, and Economic 26 Development relating to the licensing and regulation of persons making deferred 27 deposit advances under AS 06.50; 28 (41) Department of Health and Social Services relating to the 29 centralized registry under AS 47.05.330 - 47.05.390; 30 (42) State Commission for Human Rights, where procedures are not 31 otherwise expressly provided in AS 18.80;
01 (43) [THE] Alaska Retirement Management Board for administration 02 of pension forfeitures under AS 37.10.310; 03 (44) Department of Commerce, Community, and Economic 04 Development relating to mortgage lending under AS 06.60; 05 (45) Board of Massage Therapists. 06 * Sec. 36. AS 45.02.107(b) is amended to read: 07 (b) A contract for the sale apart from the land of growing crops or other things 08 attached to [A] realty and capable of severance without material harm to them but not 09 described in (a) of this section or of timber to be cut is a contract for the sale of goods 10 within this chapter, whether the subject matter is to be severed by the buyer or by the 11 seller even though it forms part of the realty at the time of contracting, and the parties 12 can by identification effect a present sale before severance. 13 * Sec. 37. AS 45.02.706(d) is amended to read: 14 (d) If the resale is at public sale, 15 (1) only identified goods can be sold unless there is a recognized 16 market for a public sale of futures in goods of the kind; [AND] 17 (2) it must be made at a usual place or market for public sale if one is 18 reasonably available, and, except in the case of goods that are perishable or threaten to 19 decline in value speedily, the seller must give the buyer reasonable notice of the time 20 and place of the resale; [AND] 21 (3) if the goods are not to be within the view of those attending the sale, 22 the notification of sale must state the place where the goods are located and provide 23 for their reasonable inspection by prospective bidders; and 24 (4) the seller may buy. 25 * Sec. 38. AS 45.08.110(d) is amended to read: 26 (d) The following rules determine a securities intermediary's jurisdiction for 27 purposes of this section: 28 (1) if an agreement between the securities intermediary and its 29 entitlement holder governing the securities account expressly provides that a particular 30 jurisdiction is the securities intermediary's jurisdiction for purposes of AS 45.08.101 - 31 45.08.116, this chapter, or this code, that jurisdiction is the securities intermediary's
01 jurisdiction; 02 (2) if (1) of this subsection does not apply and an agreement between 03 the securities intermediary and its entitlement holder governing the securities account 04 expressly provides that the agreement is governed by the law of a particular 05 jurisdiction, that jurisdiction is the securities intermediary's jurisdiction; 06 (3) if neither (1) nor (2) of this subsection applies and an agreement 07 between the securities intermediary and its entitlement holder governing the securities 08 account expressly provides [SPECIFIES] that the securities account is maintained at 09 an office in a particular jurisdiction, that jurisdiction is the securities intermediary's 10 jurisdiction; 11 (4) if none of the preceding paragraphs of this subsection applies, the 12 securities intermediary's jurisdiction is the jurisdiction in which the office identified in 13 an account statement as the office serving the entitlement holder's account is located; 14 (5) if none of the preceding paragraphs of this subsection applies, the 15 securities intermediary's jurisdiction is the jurisdiction in which the chief executive 16 office of the securities intermediary is located. 17 * Sec. 39. AS 45.10.215 is amended to read: 18 Sec. 45.10.215. Applicability of chapter. For the purposes of this chapter, a 19 retail installment contract or retail charge agreement is entered into in this state, and is 20 therefore subject to the provisions of this chapter, if either the seller offers or agrees to 21 sell to a resident [ALASKA] buyer in this state [ALASKA] or if a resident 22 [ALASKA] buyer in this state accepts the offer to sell or makes the offer to buy in 23 this state [ALASKA], regardless of any specification in the contract as to its situs. 24 * Sec. 40. AS 45.12.108(d) is amended to read: 25 (d) Notwithstanding Rule 82, Alaska Rules of Civil Procedure [ALASKA 26 RULE OF CIVIL PROCEDURE 82], in an action in which the lessee claims 27 unconscionability with respect to a consumer lease 28 (1) if the court finds unconscionability under (a) or (b) of this section, 29 the court shall award reasonable attorney fees to the lessee; 30 (2) if the court does not find unconscionability and the lessee claiming 31 unconscionability has brought or maintained an action the lessee knew to be
01 groundless, the court shall award reasonable attorney fees to the party against whom 02 the claim is made; 03 (3) in determining attorney fees, the amount of the recovery on behalf 04 of the claimant under (a) and (b) of this section is not controlling. 05 * Sec. 41. AS 45.14.305(e) is amended to read: 06 (e) Reasonable attorney fees are recoverable if demand for compensation under 07 (a) or (b) of this section is made and refused before an action is brought on the claim. 08 If a claim is made for breach of an agreement under (d) of this section and the 09 agreement does not provide for damages, reasonable attorney fees are recoverable if 10 demand for compensation under (d) of this section is made and refused before an 11 action is brought on the claim. Recovery of attorney fees under this subsection is an 12 exception to the general provisions of Rule 82, Alaska Rules of Civil Procedure 13 [ALASKA RULE OF CIVIL PROCEDURE 82]. 14 * Sec. 42. AS 45.14.404(b) is amended to read: 15 (b) If a payment order accepted by the beneficiary's bank instructs payment to 16 an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of 17 the order before midnight of the next funds-transfer business day following the 18 payment date. If the payment order does not instruct payment to an account of the 19 beneficiary, the bank is required to notify the beneficiary only if notice is required by 20 the order. Notice may be given by first class mail or other means reasonable in the 21 circumstances. If the bank fails to give the required notice, the bank is obliged to pay 22 interest to the beneficiary on the amount of the payment order from the day notice 23 should have been given until the day the beneficiary learned of receipt of the payment 24 order by the bank. Other damages are not recoverable. Notwithstanding Rule 82, 25 Alaska Rules of Civil Procedure [ALASKA RULE OF CIVIL PROCEDURE 82], 26 reasonable attorney fees are also recoverable if demand for interest is made and 27 refused before an action is brought on the claim. 28 * Sec. 43. AS 45.25.190 is amended to read: 29 Sec. 45.25.190. Arbitration. In a controversy between a manufacturer and a 30 new motor vehicle dealer under AS 45.25.010 - 45.25.320, neither the manufacturer 31 nor the new motor vehicle dealer is required to submit the controversy to arbitration. If
01 both the manufacturer and the new motor vehicle dealer agree to submit a controversy 02 under AS 45.25.010 - 45.25.320 to arbitration, the arbitration shall be conducted under 03 AS 09.43.010 [AS 09.43.020] - 09.43.180 (Uniform Arbitration Act) or AS 09.43.300 04 - 09.43.595 (Revised Uniform Arbitration Act), as applicable, the manufacturer and 05 the new motor vehicle dealer shall each select one arbitrator, and both the 06 manufacturer and the new motor vehicle dealer shall select the third arbitrator. 07 * Sec. 44. AS 45.45.355 is amended to read: 08 Sec. 45.45.355. Arbitration or mediation. If a manufacturer or distributor has 09 established an informal dispute settlement procedure that substantially complies with 10 the requirements of 16 C.F.R. Part 703 [16 C.F.R. 703], as that section may be 11 amended, or if the manufacturer or distributor, after receipt of notice required by 12 AS 45.45.310, offers in writing to participate in an arbitration or mediation process 13 with the owner and the arbitration or mediation decision is binding on the 14 manufacturer or distributor but not on the owner, and if the informal dispute 15 settlement or arbitration or mediation process is approved by the attorney general, the 16 provisions of AS 45.45.305 concerning refund or replacement or AS 45.45.350 17 concerning shipping costs do not apply to an owner who has not first resorted to the 18 informal dispute settlement procedure or arbitration or mediation process. 19 * Sec. 45. AS 45.45.920(f) is amended to read: 20 (f) This section does not apply to 21 (1) a telephonic seller who is registered under AS 45.63 and who 22 complies with AS 45.63; or 23 (2) a prenotification negative option plan that is regulated by 16 C.F.R. 24 Part 425 [16 C.F.R. 425] and that complies with 16 C.F.R. Part 425 [16 C.F.R. 425]. 25 * Sec. 46. AS 45.45.930(e)(1) is amended to read: 26 (1) "opt-out marketing plan" 27 (A) means an arrangement under which a seller provides, 28 without the buyer's express verifiable consent, a notice to a buyer that 29 identifies goods or services that the seller intends to provide to the buyer and to 30 charge the buyer for, unless, by a specific date or within a specific time frame, 31 the buyer notifies the seller not to provide the goods or services;
01 (B) does not include a prenotification negative option plan that 02 is regulated by and complies with 16 C.F.R. Part 425 [16 C.F.R. 425]; 03 * Sec. 47. AS 45.48.540(b) is amended to read: 04 (b) A business is not required to comply with AS 45.48.500 - 45.48.530 if 05 (1) the business is subject to and in compliance with the Gramm-Leach- 06 Bliley Financial Modernization Act; or 07 (2) the manner of the disposal of the records of the business is subject 08 to 15 U.S.C. 1681w (Fair Credit Reporting Act) and the business is complying with 15 09 U.S.C. 1681w [15 U.S.C. 1861W]. 10 * Sec. 48. AS 45.50.592(a) is amended to read: 11 (a) If the attorney general determines that a person is in possession, custody, or 12 control of [A] documentary evidence, wherever situated, that the attorney general 13 believes to be relevant to an investigation authorized in AS 45.50.590, the attorney 14 general may execute in writing and cause to be served on [UPON] that person an 15 investigative demand requiring the person to produce the documentary material, and 16 permit inspection and copying. 17 * Sec. 49. AS 45.50.592(d) is amended to read: 18 (d) The demand may be served by the attorney general or the designee of the 19 attorney general by 20 (1) delivering a copy of it to the person to be served [,] or, if the person 21 is not a natural person, to an officer of the person to be served; 22 (2) delivering a copy of it to a place of business in the state of the 23 person to be served; or 24 (3) mailing by registered or certified mail a copy of it addressed to the 25 person to be served at a place of business in the state [,] or, if the person has no place 26 of business in the state, to the principal office or place of business of the person. 27 * Sec. 50. AS 45.50.592(g) is amended to read: 28 (g) A person on [UPON] whom a demand is served under this section shall 29 comply with the terms of the demand unless otherwise provided by an order of court 30 issued in response to a petition filed under (f) of this section. A person who, with 31 intent to avoid, prevent, or obstruct compliance, in whole or in part, with an
01 investigative demand under this section, removes from any place, conceals, withholds, 02 or destroys, mutilates, alters, or by any other means falsifies, [A] documentary 03 material in the possession, custody, or control of a person that [WHICH] is the subject 04 of a demand duly served on [UPON] any person, or who otherwise wilfully disobeys 05 any such demand, is guilty of a misdemeanor, and is punishable upon conviction by a 06 fine of not more than $5,000, or by imprisonment for a term of not more than one 07 year, or by both. Failure of the state to serve the demand properly under (d) of this 08 section is a defense to prosecution under this subsection, but invalidity of the demand 09 under (b) or (c) of this section is not a defense, and that invalidity may be tested only 10 in an action under (f) of this section to modify or set aside the demand. 11 * Sec. 51. AS 45.55.023(b) is amended to read: 12 (b) The conduct listed in (a) of this section is not the exclusive conduct 13 prohibited by (a) of this section. Engaging in other similar conduct, including 14 nondisclosure, incomplete disclosure, or a deceptive practice, is considered unethical 15 practice or conduct under AS 45.55.060(a)(7). The federal statutory and regulatory 16 provisions referred to in this section apply to a state investment adviser and a 17 registered investment adviser representative of either a state investment adviser or a 18 federal covered adviser, regardless of whether the federal provisions limit [LIMITS] 19 their application to state investment advisers or federal covered advisors subject to 20 federal registration. With respect to a federal covered adviser, the provisions of this 21 section apply only to the extent permitted under P.L. 104-290, 101 Stat. 3416-3440 22 (National Securities Markets Improvement Act of 1996) and only when the conduct 23 proscribed involves fraud or deceit within the meaning of AS 45.55.010(a) and 24 45.55.020(a). 25 * Sec. 52. AS 45.63.080(a) is amended to read: 26 (a) AS 45.63.010, 45.63.015, 45.63.020, and AS 45.63.030(c) and (d) do not 27 apply to a sale or attempted sale 28 (1) of a security regulated under AS 45.55 or a security that is 29 exempted by AS 45.55.900 from regulation under AS 45.55; 30 (2) by a person registered with the United States Securities and 31 Exchange Commission when acting within the scope of the person's Securities and
01 Exchange Commission license; 02 (3) by an issuer, or a subsidiary of an issuer, of a class of securities that 03 is 04 (A) subject to 15 U.S.C. 78a - 78lll (Securities Exchange Act of 05 1934); and 06 (B) either registered under 15 U.S.C. 78a - 78lll (Securities 07 Exchange Act of 1934) or exempt from registration under 15 U.S.C. 08 78l(g)(2)(A) - (C) or (E) - (H); 09 (4) by a real estate broker, associate real estate broker, or real estate 10 salesperson licensed under AS 08.88 and acting in a capacity covered by the license; 11 (5) by a person who has a certificate of registration under AS 08.18 to 12 operate as a contractor and is acting in a capacity covered by the certificate of 13 registration; 14 (6) by an embalmer or funeral director licensed under AS 08.42 and 15 acting in a capacity covered by the license; 16 (7) by an insurance agent, general agent, broker, solicitor, or adjuster 17 licensed under AS 21.27 and acting in a capacity covered by the license; 18 (8) by a person who is primarily soliciting the sale of a subscription to, 19 or advertising in, a newspaper of general circulation; 20 (9) by a charitable organization or paid solicitor if the organization or 21 solicitor is registered to make charitable solicitations under AS 45.68 and is acting in a 22 capacity that is covered by the registration; 23 (10) by a person who is primarily soliciting the sale of a sound 24 recording or book 25 (A) if the person 26 (i) has no minimum purchase requirements; 27 (ii) provides written notice of the buyer's right to cancel 28 at any time; and 29 (iii) allows the buyer to return the sound recording or 30 book and obtain a full refund; or 31 (B) through a membership in a book or record club
01 (i) where the club provides the buyer with a form that 02 the buyer may use to instruct the club not to ship the offered 03 merchandise; and 04 (ii) that is regulated by the Federal Trade Commission as 05 a negative option plan under 16 C.F.R. Part 425 [16 C.F.R. 425]; 06 (11) by a publisher, or a publisher's agent operating under a written 07 agreement between a publisher and the agent, who is soliciting the sale of a publisher's 08 magazine if 09 (A) the buyer has the right to review the magazine and cancel 10 the subscription for the magazine within seven days after receipt of the 11 magazine or at the time the invoice is received by the buyer, whichever is later; 12 a cancellation request is timely if the request is mailed, properly addressed and 13 postmarked, postage prepaid, within seven days after receipt of the magazine; 14 (B) the right of cancellation and refund is fully disclosed in 15 writing to the buyer before or at the time the initial invoice is received by the 16 buyer; 17 (12) of services provided by a cable television system operating under a 18 franchise issued by a municipality; 19 (13) by a person who is soliciting for a business, or for an affiliate of a 20 business, that is regulated by the Regulatory Commission of Alaska; 21 (14) by a person whose solicitation is solely for telephone answering 22 services provided by the person or the person's employer; 23 (15) of property from a mail order catalog that is published on a 24 regular, periodic basis and that describes or pictures the items for sale and prominently 25 provides the specific price of each item; 26 (16) by a supervised financial institution or the parent, subsidiary, or 27 affiliate of a supervised financial institution; in this paragraph, "supervised financial 28 institution" means a commercial bank, savings bank, mutual savings bank, trust 29 company, savings and loan association, credit union, industrial loan company, 30 personal property broker, consumer finance lender, commercial finance lender, or 31 other financial institution if the financial institution is subject to regulation by this
01 state or the United States; 02 (17) by an insurer or the parent, subsidiary, or affiliate of an insurer; 03 (18) by a person who solicits a sale by a contact by telephonic means 04 without intending to complete the sales presentation during the contact, who does not 05 complete the sales presentation during the contact, and who only completes the sales 06 presentation at a later meeting in person, unless at the later meeting the solicitor 07 attempts to collect payment for property or services delivered before the later meeting; 08 (19) of an item of personal property, including a food product, that is 09 made by hand by an individual, if the sale or attempted sale of the item is made by the 10 individual who made the item; in this paragraph, "made by hand" includes the use of 11 ordinary household devices if the majority of the value of the item is added by the 12 labor of the individual. 13 * Sec. 53. AS 46.03.020 is amended to read: 14 Sec. 46.03.020. Powers of the department. The department may 15 (1) enter into contracts and compliance agreements necessary or 16 convenient to carry out the functions, powers, and duties of the department; 17 (2) review and appraise programs and activities of state departments 18 and agencies in light of the policy set out in AS 46.03.010 for the purpose of 19 determining the extent to which the programs and activities are contributing to the 20 achievement of that policy and to make recommendations to the departments and 21 agencies, including environmental guidelines; 22 (3) consult with and cooperate with 23 (A) officials and representatives of any nonprofit corporation or 24 organization in the state; 25 (B) persons, organizations, and groups, public and private, 26 using, served by, interested in, or concerned with the environment of the state; 27 (4) appear and participate in proceedings before any state or federal 28 regulatory agency involving or affecting the purposes of the department; 29 (5) undertake studies, inquiries, surveys, or analyses it may consider 30 essential to the accomplishment of the purposes of the department; these activities 31 may be carried out by the personnel of the department or in cooperation with public or
01 private agencies, including educational, civic, and research organizations, colleges, 02 universities, institutes, and foundations; 03 (6) at reasonable times, enter and inspect with the consent of the owner 04 or occupier any property or premises to investigate either actual or suspected sources 05 of pollution or contamination or to ascertain compliance or noncompliance with a 06 regulation that may be adopted under AS 46.03.020 - 46.03.040; information relating 07 to secret processes or methods of manufacture discovered during investigation is 08 confidential; 09 (7) conduct investigations and hold hearings and compel the attendance 10 of witnesses and the production of accounts, books, and documents by the issuance of 11 a subpoena; 12 (8) advise and cooperate with municipal, regional, and other local 13 agencies and officials in the state, to carry out the purposes of this chapter; 14 (9) act as the official agency of the state in all matters affecting the 15 purposes of the department under federal laws now or hereafter enacted; 16 (10) adopt regulations necessary to carry out the purposes of this 17 chapter, including [, BY WAY OF EXAMPLE AND NOT LIMITATION,] 18 regulations providing for 19 (A) control, prevention, and abatement of air, water, or land or 20 subsurface land pollution; 21 (B) safeguard standards for petroleum and natural gas pipeline 22 construction, operation, modification, or alteration; 23 (C) protection of public water supplies by establishing 24 minimum drinking water standards, and standards for the construction, 25 improvement, and maintenance of public water supply systems; 26 (D) collection and disposal of sewage and industrial waste; 27 (E) collection and disposal of garbage, refuse, and other 28 discarded solid materials from industrial, commercial, agricultural, and 29 community activities or operations; 30 (F) control of pesticides; 31 (G) other purposes as may be required for the implementation
01 of the policy declared in AS 46.03.010; 02 (H) handling, transportation, treatment, storage, and disposal of 03 hazardous wastes; 04 (11) inspect the premises of sellers and suppliers of paint, vessels, and 05 marine and boating supplies, and take other actions necessary to enforce 06 AS 46.03.715; 07 (12) notwithstanding any other provision of law, take all actions 08 necessary to receive authorization from the administrator of the United States 09 Environmental Protection Agency to administer and enforce a National Pollutant 10 Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, 11 Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, 12 and 40 C.F.R. Part 403, as amended; 13 (13) require the owner or operator of a facility to undertake monitoring, 14 sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, Clean Water 15 Act); 16 (14) notwithstanding any other provision of law, take all actions 17 necessary to receive federal authorization of a state program for the department and 18 the Department of Natural Resources to administer and enforce a dredge and fill 19 permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act) and to 20 implement the program, if authorized. 21 * Sec. 54. AS 46.03.900(25) is amended to read: 22 (25) ["SEWER SYSTEM" OR] "sewerage system" means pipelines or 23 conduits, pumping stations, and force mains, and all other appurtenant constructions, 24 devices, and appliances used for conducting sewage, industrial waste, or other wastes 25 to a point of ultimate disposal; 26 * Sec. 55. AS 46.03.900(28) is amended to read: 27 (28) "solid waste processing" ["SOLID WASTE PROCESSING 28 FACILITY"] means [A FACILITY FOR THE] extraction of materials from solid 29 waste, volume reduction, conversion to energy, or other separation and preparation of 30 solid waste for reuse or disposal and includes processing by incinerators, shredders, 31 balers, and transfer stations;
01 * Sec. 56. AS 46.04.080(a) is amended to read: 02 (a) The commissioner [COMMISSIONER OF ENVIRONMENTAL 03 CONSERVATION] or the adjutant general of the Department of Military and 04 Veterans' Affairs may request the governor to determine that an actual or imminent 05 occurrence of a catastrophic oil discharge constitutes a disaster emergency under 06 AS 26.23. The commissioner [COMMISSIONER OF ENVIRONMENTAL 07 CONSERVATION] and the adjutant general of the Department of Military and 08 Veterans' Affairs shall respond appropriately in the relief of the actual or imminent 09 discharge under the relevant provisions of the applicable incident command system. 10 * Sec. 57. AS 46.04.900(12) is amended to read: 11 (12) "oil" means oil of any kind and in any form, whether crude, 12 refined, or a petroleum by-product, including [BUT NOT LIMITED TO] petroleum, 13 fuel oil, gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, 14 crude oils, liquefied natural gas, propane, butane, or other liquid hydrocarbons 15 regardless of specific gravity; 16 * Sec. 58. AS 46.04.900(14) is amended to read: 17 (14) "oil terminal facility" means an onshore or offshore facility of any 18 kind, and related appurtenances, including [BUT NOT LIMITED TO] a deepwater 19 port, bulk storage facility, or marina, located in, on, or under the surface of the land or 20 waters of the state, including tide and submerged land, that is used for the purpose of 21 transferring, processing, refining, or storing oil; a vessel, other than a nontank vessel, 22 is considered an oil terminal facility only when it is used to make a ship-to-ship 23 transfer of oil, and when it is traveling between the place of the ship-to-ship transfer of 24 oil and an oil terminal facility; 25 * Sec. 59. AS 46.08.005 is amended to read: 26 Sec. 46.08.005. Purpose of fund; description of accounts. The legislature 27 finds and declares that the release of oil or hazardous substances into the environment 28 presents a real and substantial threat to the public health and welfare, to the 29 environment, and to the economy of the state. The legislature therefore concludes that 30 it is in the best interest of the state and its citizens to provide a fund containing two 31 accounts. Within the fund,
01 (1) one account consists of money readily available to the 02 commissioner for the payment of the expenses incurred by the department 03 [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] during a response to 04 a release or threatened release of oil or hazardous substances when authorized by 05 AS 46.08.045 and for related purposes intended to address those releases; 06 (2) the other account consists of money that the state may use during a 07 response to a release of oil or a hazardous substance, other than one described in (1) of 08 this subsection, and to a threatened release of oil or a hazardous substance, to pay the 09 expenses of making preparations for the possibility of a release or threatened release 10 of oil or hazardous substances, to reduce the amount, degree, or intensity of a release 11 or threatened release, and for other related purposes identified in law. 12 * Sec. 60. AS 47.32.180(b) is amended to read: 13 (b) With the exception of information that identifies a complainant or a 14 recipient of services from an entity, a copy of the department's report of investigation 15 or inspection under AS 47.32.120, an entity's written response to the report, and 16 information regarding any department imposition of an enforcement action under 17 AS 47.32.130 or 47.32.140 are public records under AS 40.25.100 - 40.25.295 18 [AS 40.25]. The department shall make this information available to the public for 19 inspection and copying within time frames [TIMEFRAMES] specified in 20 AS 40.25.100 - 40.25.295 [AS 40.25] or regulations adopted under AS 40.25.100 - 21 40.25.295 [AS 40.25] after the 22 (1) entity receives its copy of the report of investigation under 23 AS 47.32.120, if the department has determined that an enforcement action under 24 AS 47.32.130 or 47.32.140 will not be taken regarding the entity; 25 (2) department's notice of enforcement action under AS 47.32.130 or 26 47.32.140 becomes a final administrative order without a hearing under 27 AS 47.32.130(c) or 47.32.140(i); or 28 (3) issuance of a decision following a hearing under AS 47.32.150. 29 * Sec. 61. AS 19.75.980(4); AS 45.25.990(14), and 46.03.900(31) are repealed. 30 * Sec. 62. Section 35 of this Act takes effect July 1, 2015. 31 * Sec. 63. Except as provided in sec. 62 of this Act, this Act takes effect immediately under
01 AS 01.10.070(c).