92
Chapter 001
Chapter: CH001
Source: CSSB 16(L&C)
Action Date: March 25, 1992
Effective Date: March 26, 1992
92
AN ACT
Including public school employees in the Public Employment Relations Act as class (a)(3) employees entitled to a right to strike after advisory arbitration; and providing for an effective date.
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* Section 1. AS 14.16.050(a) is amended to read:
(a) The following provisions apply with respect to the operation and management of the state boarding school as if it were a school district:
(1) requirements relating to school district operations:
(A) AS 14.03.030 - 14.03.050 (defining the school term, day in session, and school holidays);
(B) AS 14.03.083 - 14.03.140 (miscellaneous provisions applicable to school district operations);
(C) regulations adopted by the board under authority of AS 14.07.020(a) that are applicable to school districts and their schools, unless the board specifically exempts the state boarding school from compliance with a regulation;
(D) AS 14.12.150 (authorizing school districts to establish and participate in the services of a regional resource center);
(E) AS 14.14.050 (imposing the requirement of an annual audit);
(F) AS 14.14.110 (authorizing cooperation with other school districts);
(G) AS 14.14.130 (directing the employment of a chief school administrator);
(H) AS 14.14.140(b) (establishing a prohibition on employment of a relative of the chief school administrator);
(I) AS 14.18 (prohibiting discrimination based on sex in public education);
(2) requirements relating to state financial assistance for education and the receipt and expenditure of that assistance:
(A) AS 14.17.080 (relating to student count estimates);
(B) AS 14.17.082 (relating to school operating fund balances);
(C) AS 14.17.160 - 14.17.220 (setting out the procedure for payment of financial assistance, and imposing general requirements and limits on money paid);
(3) requirements relating to teacher employment and retirement:
(A) AS 14.14.105 and 14.14.107 (relating to sick leave);
(B) AS 14.20.095 - 14.20.215 (relating to the employment and tenure of teachers);
(C) AS 14.20.220 (relating to the salaries of teachers employed);
(D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave provisions for teachers);
(E) AS 23.40.070 - 23.40.260 [AS 14.20.550 - 14.20.610] (authorizing collective bargaining [, NEGOTIATION, AND MEDIATION] by certificated employees), except with regard to teachers who are administrators and except that the board may delegate some or all of its responsibilities under those statutes;
(F) AS 14.25 (provisions regarding the teachers' retirement system);
(4) requirements relating to students and educational programs:
(A) AS 14.30.180 - 14.30.350 (relating to educational services for exceptional children);
(B) AS 14.30.360 - 14.30.370 (establishing health education program standards);
(C) AS 14.30.400 - 14.30.410 (relating to bilingual and bicultural education).
* Sec. 2. AS 14.16.070 is amended to read:
Sec. 14.16.070. APPLICABILITY OF OTHER LAW. AS 23.40.070 - 23.40.260 (Public Employment Relations Act) apply to the employees of the state boarding school [WHO ARE NOT SUBJECT TO AS 14.20].
* Sec. 3. AS 23.40.200(c) is amended to read:
(c) The class in (a)(2) of this section is composed of public utility, snow removal, sanitation, and [PUBLIC SCHOOL AND OTHER] educational institution employees other than employees of a school district, a regional educational attendance area, or the state boarding school. Employees in this class may engage in a strike after mediation, subject to the voting requirement of (d) of this section, for a limited time. The limit is determined by the interests of the health, safety, or welfare of the public. The public employer or the labor relations agency may apply to the superior court in the judicial district in which the strike is occurring for an order enjoining the strike. A strike may not be enjoined unless it can be shown that it has begun to threaten the health, safety, or welfare of the public. A court, in deciding whether or not to enjoin the strike, shall consider the total equities in the particular class. "Total equities" includes not only the impact of a strike on the public but also the extent to which employee organizations and public employers have met their statutory obligations. If an impasse or deadlock still exists after the issuance of an injunction, the parties shall submit to arbitration to be carried out under AS 09.43.030.
* Sec. 4. AS 23.40.200(d) is amended to read:
(d) The class in (a)(3) of this section includes all other public employees who are not included in the classes in (a)(1) or (a)(2) of this section. Employees in this class may engage in a strike if a majority of the employees in a collective bargaining unit vote by secret ballot to do so. However, if an impasse or deadlock is reached in collective bargaining negotiations between a municipal school district, a regional educational attendance area, or the state boarding school and its employees, the parties shall submit to advisory arbitration before the employees may engage in a strike. The arbitrator selected to conduct the advisory arbitration must be a member of the American Arbitration Association Panel of Labor Arbitrators or the Federal Mediation and Conciliation Service. In selecting the arbitrator, the parties shall request a list of arbitrators who have knowledge of and recent experience in the local conditions in the school district, regional educational attendance area, or state boarding school. A list containing at least five nominees who meet the qualifications of this subsection is a complete list for the purpose of striking names and selecting the arbitrator.
* Sec. 5. AS 23.40.215 is amended by adding a new subsection to read:
(c) Notwithstanding (b) of this section, the monetary terms of an agreement entered into between a school district or regional educational attendance area and its employees are not subject to approval by the legislature.
* Sec. 6. AS 23.40.250(6) is amended to read:
(6) "public employee" means any employee of a public employer, whether or not in the classified service of the public employer, except elected or appointed officials or superintendents of schools [TEACHERS OR NONCERTIFICATED EMPLOYEES OF SCHOOL DISTRICTS];
* Sec. 7. AS 23.40.250(7) is amended to read:
(7) "public employer" means the state or a political subdivision of the state, including without limitation, a municipality [TOWN, CITY, BOROUGH], district, school district, regional educational attendance area, board of regents, public and quasi-public corpo ration, housing authority, or other authority established by law, and a person designated by the public employer to act in its interest in dealing with public employees;
* Sec. 8. AS 23.40.250 is amended by adding a new paragraph to read:
(9) "regional educational attendance area" means an educational service area in the unorganized borough that may or may not include a military reservation, and that contains one or more public schools of grade levels K - 12 or any portion of those grade levels that are to be operated under the management and control of a single regional school board.
* Sec. 9. Nothing in this Act terminates or modifies a collective bargaining unit, recognition of exclusive bargaining representative, or collective bargaining agreement if the unit, recognition, or agreement is in effect on the effective date of this Act.
* Sec. 10. AS 14.20.550, 14.20.555, 14.20.560, 14.20.570, 14.20.580, 14.20.590, 14.20.600, 14.20.610, and ch. 180, SLA 1990, are repealed.
* Sec. 11. Notwithstanding sec. 4, ch. 113, SLA 1972, a municipal school district or regional educational attendance area may not reject application of AS 23.40.070 - 23.40.260 to employment relations with public school employees.
* Sec. 12. This Act takes effect immediately under AS 01.10.070(c).
Chapter 002
Chapter: CH002
Source: CCS SB 349
Action Date: March 31, 1992
Effective Date: (See Chapter)
92
AN ACT
Relating to the implementation of special federal programs for unemployment compensation; and providing for an effective date.
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* Section 1. AS 23.20.080 is amended by adding a new subsection to read:
(b) Notwithstanding AS 23.20.330 - 23.20.409, after notifying the legislature and other interested parties of its intent, the department may implement an unemployment compensation program not otherwise provided for in this chapter in accordance with this subsection. A program implemented under this subsection is repealed on the date two years after the date on which it took effect unless its implementation is approved by law. The program may be implemented only if
(1) the program is authorized by the United States Secretary of Labor;
(2) the governor approves the implementation in writing;
(3) the commissioner of labor determines that the program will result in the receipt of additional federal money to carry out the purposes of this chapter and will produce a net monetary gain to the state and its people; and
(4) the implementation will not require spending money from the general fund other than money received from the federal government for the program.
* Sec. 2. Section 1 of this Act is retroactive to December 1, 1991.
* Sec. 3. This Act takes effect immediately under AS 01.10.070(c).
Chapter 003
Chapter: CH003
Source: HCS CSSB 261(JUD) AM H
Action Date: March 31, 1992
Effective Date: April 1, 1992
92
AN ACT
Relating to the authority of the Department of Public Safety to adopt regulations concerning commercial motor vehicle safety and licensing, and regulations necessary to qualify for federal highway funds; to operating commercial motor vehicles; to the definitions of "previously convicted" and "controlled substance" as they relate to motor vehicle licenses and to offenses regarding the operation of motor vehicles, aircraft, and watercraft; amending Alaska Rule of Appellate Procedure 603; and providing for an effective date.
_______________
* Section 1. AS 28.05.011 is amended by adding a new paragraph to read:
(11) regulations necessary to implement a commercial motor vehicle safety inspection program, a commercial motor vehicle driver's licensing program, and other requirements imposed by federal law or regulation that relate to commercial motor vehicles and that are needed to avoid loss or withholding of federal highway money.
* Sec. 2. AS 28.15.165 is amended to read:
Sec. 28.15.165. ADMINISTRATIVE REVOCATIONS AND DISQUALIFICATIONS RESULTING FROM CHEMICAL SOBRIETY TESTS AND REFUSALS TO SUBMIT TO TESTS. (a) A law enforcement officer shall read a notice, and deliver a copy of it, to a person operating a motor vehicle, commercial motor vehicle, or aircraft, if a chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) produces a result described in AS 28.35.030(a)(2); a chemical test administered under AS 28.33.031(a) produces a result described in AS 28.33.030(a)(2); or the person refuses to submit to a chemical test under AS 28.33.031 or AS 28.35.032 [IF A CHEMICAL TEST ADMINISTERED UNDER AS 28.35.031(a) TO A PERSON OPERATING A MOTOR VEHICLE OR AIRCRAFT PRODUCES A RESULT DESCRIBED IN AS 28.35.030(a)(2) OR IF A PERSON UNDER ARREST FOR OPERATING A MOTOR VEHICLE OR AIRCRAFT REFUSES TO SUBMIT TO A CHEMICAL TEST UNDER AS 28.35.031(a), A LAW ENFORCEMENT OFFICER SHALL READ A NOTICE AND DELIVER A COPY TO THE PERSON]. The notice must advise that
(1) the department intends to revoke the person's driver's license, privilege to drive, or privilege to obtain a license, [OR] refuse to issue an original license to the person, or disqualify the person;
(2) the person has the right to administrative review of the action taken against the person's license [REVOCATION] or determination not to issue an original license;
(3) if the person has a driver's license or a nonresident privilege to drive, the notice itself is a temporary driver's license that expires seven days after it is delivered to the person, except that if the person was operating a commercial motor vehicle the person will be ordered out of service for 24 hours under AS 28.33.130;
(4) revocation of the person's driver's license, privilege to drive, or privilege to obtain a license, [OR] a determination not to issue an original license, or a disqualification of the person, takes effect seven days after delivery of the notice to the person unless the person, within seven days, requests an administrative review.
(b) After reading the notice under (a) of this section, the law enforcement officer shall seize the person's driver's license if it is in the person's possession and shall deliver it to the department with a sworn report describing the circumstances under which it was seized. If the person was operating a commercial motor vehicle, the officer shall order the person out of service under AS 28.33.130.
(c) Unless the person has obtained a temporary permit or stay of a departmental action under AS 28.15.166, if the chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) produced a result described in AS 28.35.030(a)(2) or the person refused to submit to a test under AS 28.33.031 or AS 28.35.032, the [THE] department shall revoke the person's license, privilege to drive, or privilege to obtain a license, shall [OR] refuse to issue an original license, and, if the chemical test administered under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2) or the person refused to submit to a test under AS 28.33.031, shall disqualify the person. The department's action takes effect [EFFECTIVE] seven days after delivery to the person of the notice required under (a) of this section, and after [UPON] receipt of a sworn report of a law enforcement officer
(1) that a chemical test under AS 28.33.031(a) or AS 28.35.031(a) produced a result described in AS 28.35.030(a)(2), that a chemical test under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2), or that a person refused to submit to a chemical test under AS 28.33.031 or AS 28.35.032 [AS 28.35.031(a)];
(2) that notice under (a) of this section was provided to the person; and
(3) describing the circumstances surrounding the arrest and the grounds for the officer's belief that the person operated a motor vehicle, commercial motor vehicle, or aircraft while intoxicated in violation of AS 28.33.030 or AS 28.35.030 [WAS INTOXICATED WHILE OPERATING A MOTOR VEHICLE OR AIRCRAFT].
(d) The period of revocation of a driver's license, privilege to drive, [OR] privilege to obtain a license, refusal to issue an original license, or disqualification [BY THE DEPARTMENT UNDER THIS SECTION] shall be for the appropriate minimum period for court revocations under AS 28.15.181(c) or court disqualifications under AS 28.33.140. A department hearing officer may grant limited license privileges in accordance with the standards set out in AS 28.15.201 to a person whose driver's license or nonresident privilege to drive was revoked under this section.
* Sec. 3. AS 28.15.166(b) is amended to read:
(b) A request for review of the department's action [REVOCATION] under AS 28.15.165 shall be made within seven days after receipt of the notice under AS 28.15.165 or the right to review is waived and the action of the department under AS 28.15.165(c) is final. If a written request for a review is made after expiration of the seven-day period, and if it is accompanied by the applicant's verified statement explaining the failure to make a timely request for a review, the department shall receive and consider the request. If the department finds that the person was unable to make a timely request because of lack of actual notice of the department's action [REVOCATION] or because of factors of physical incapacity such as hospitalization or incarceration, the department shall waive the period of limitation, reopen the matter, and grant the review request. An initial request for limited license privileges may be made at any time. Subsequent requests for limited license privileges may not be made unless the applicant demonstrates a significant change in circumstances.
* Sec. 4. AS 28.15.166(g) is amended to read:
(g) The hearing for review of action [A REVOCATION] by the department under AS 28.15.165 shall be limited to the issues of whether the arresting officer had reasonable grounds to believe that the person was operating a motor vehicle, commercial motor vehicle, or aircraft while intoxicated in violation of AS 28.33.030 or AS 28.35.030 and whether
(1) the person refused to submit to a chemical test under AS 28.33.031 or AS 28.35.032 [AS 28.35.031(a)] after being advised that refusal would result in disqualification or the suspension, revocation, or denial of the person's license, privilege to drive, or privilege to obtain a license, and that the refusal is a misdemeanor; [OR]
(2) the chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) [AND ADMINISTERED TO THE PERSON] produced a result described in AS 28.35.030(a)(2); or
(3) the chemical test authorized under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2).
* Sec. 5. AS 28.15.166(j) is amended to read:
(j) If the issues set out in (g) of this section are determined in the affirmative by a preponderance of the evidence, the hearing officer shall sustain the action of the department. If one or more of the issues is determined in the negative, the department's [REVOCATION] action shall be rescinded.
* Sec. 6. AS 28.15.166(n) is amended to read:
(n) The filing of an appeal under (m) of this section or a petition for review does not automatically stay the department's order or revocation. The court may grant a stay of the order or revocation only upon a motion and hearing, and upon a finding that there is a reasonable probability that the petitioner will prevail on the merits, [AND] that the petitioner will suffer irreparable harm if the order is not stayed, and in a case where the petitioner operates a commercial motor vehicle that the public can be adequately protected by conditions imposed by the court.
* Sec. 7. AS 28.15.171(a) is amended to read:
(a) The privilege of driving a motor vehicle on a highway or vehicular way or area of this state given to a person licensed in another jurisdiction is subject to suspension, revocation, disqualification, or limitation by the department or a court in the same manner and for the same reasons as a driver's license issued under this chapter.
* Sec. 8. AS 28.15.171 is amended by adding a new subsection to read:
(c) If a person licensed to operate a commercial motor vehicle in another jurisdiction is convicted in this state of a traffic offense, whether or not involving a commercial motor vehicle, or if the person is disqualified by this state for a period of 60 days or more, the department shall, within 10 days after notification of the conviction or the disqualification, notify appropriate authorities in the state that issued the license. Within the 10-day period the department shall also notify the United States Department of Transportation if the disqualification is for 60 days or more.
* Sec. 9. AS 28.15.181(a) is amended to read:
(a) Conviction of any of the following offenses is grounds for the immediate revocation of a driver's license, privilege to drive, or privilege to obtain a license: [;]
(1) manslaughter or negligent homicide resulting from driving a motor vehicle;
(2) a felony in the commission of which a motor vehicle is used;
(3) failure to stop and give aid as required by law when a motor vehicle accident results in the death or personal injury of another;
(4) perjury or making a false affidavit or statement under oath to the department under a law relating to motor vehicles;
(5) operating a motor vehicle or aircraft while intoxicated;
(6) reckless driving;
(7) using a motor vehicle in unlawful flight to avoid arrest by a peace officer;
(8) refusal to submit to a chemical test under AS 28.33.031 or AS 28.35.032 while under arrest for operating a motor vehicle, commercial motor vehicle, or aircraft while intoxicated;
(9) driving while license, privilege to drive, or privilege to obtain a license, canceled, suspended, or revoked, or in violation of a limitation.
* Sec. 10. AS 28.15.181(c) is amended to read:
(c) A court convicting a person of an offense described in (a)(5) or (8) of this section arising out of the operation of a motor vehicle, commercial motor vehicle, or aircraft shall revoke that person's driver's license, privilege to drive, or privilege to obtain a license. The revocation may be concurrent with or consecutive to an administrative revocation under AS 28.15.165. The court may not, except as provided in AS 28.15.201, grant limited license privileges during the minimum period of revocation. The minimum periods of revocation are:
(1) at least 90 days if the person has not been previously convicted;
(2) at least one year if the person has been previously convicted once;
(3) at least five years if the person has been previously convicted twice;
(4) at least 10 years if the person has been previously convicted more than twice.
* Sec. 11. AS 28.15.181(f) is repealed and reenacted to read:
(f) In this section, "previously convicted" has the meaning given in AS 28.35.030.
* Sec. 12. AS 28.15.201(f) is repealed and reenacted to read:
(f) In this section, "previously convicted" has the meaning given in AS 28.35.030.
* Sec. 13. AS 28.15 is amended by adding a new section to article 2 to read:
Sec. 28.15.219. DEFINITIONS. In AS 28.15.161 - 28.15.219,
(1) "disqualify" means that a person's privilege to drive a commercial motor vehicle is withdrawn;
(2) "disqualification" has the meaning given in AS 28.33.190;
(3) "disqualified" has the meaning given in AS 28.33.190.
* Sec. 14. AS 28.15.291(c) is amended to read:
(c) In this section, "previously convicted" means having been convicted in this or another jurisdiction, within 10 years preceding the date of the present offense, of a violation of this section, of AS 28.33.150, or another law or ordinance with substantially similar elements.
* Sec. 15. AS 28.33 is amended by adding new sections to read:
ARTICLE 1A. OPERATING COMMERCIAL MOTOR VEHICLE
WHILE INTOXICATED; IMPLIED CONSENT; PRESUMPTIONS.
Sec. 28.33.030. OPERATING A COMMERCIAL MOTOR VEHICLE WHILE INTOXICATED. (a) A person commits the crime of operating a commercial motor vehicle while intoxicated if the person operates a commercial motor vehicle
(1) while under the influence of intoxicating liquor or any controlled substance;
(2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.04 percent or more by weight of alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's breath; or
(3) while under the combined influence of intoxicating liquor and a controlled substance.
(b) Operating a commercial motor vehicle while intoxicated is a class A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, and other provisions of AS 28.35.030, as if the person had been convicted of a violation of AS 28.35.030. For purposes of sentencing, convictions for operating a commercial motor vehicle while intoxicated under this section, and for refusal to submit to a chemical test under AS 28.33.032, if arising out of a single transaction, are considered one previous conviction.
Sec. 28.33.031. IMPLIED CONSENT FOR OPERATORS OF COMMERCIAL MOTOR VEHICLES. (a) A person who operates a commercial motor vehicle in this state is considered to have given consent to a chemical test or tests of the person's breath if lawfully arrested for an offense arising out of acts alleged to have been committed when the person was operating the commercial motor vehicle while intoxicated. The test or tests may be administered at the direction of a law enforcement officer who has reasonable grounds to believe that the person was operating a commercial motor vehicle while intoxicated in violation of AS 28.33.030 or AS 28.35.030.
(b) Refusal to submit to a chemical test authorized under this section is punishable under AS 28.35.032. A chemical test may be administered without consent under AS 28.35.035. A person who is disqualified as the result of department action under AS 28.15.165, following a test administered under this section, can obtain review of that action under AS 28.15.166.
(c) A person who operates a commercial motor vehicle is considered to have given consent to a preliminary breath test, at the direction of a law enforcement officer, for the purpose of determining the alcoholic content of the person's blood or breath. A law enforcement officer may administer a preliminary breath test if the officer has reasonable grounds to believe that the person's ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic beverages and that
(1) the commercial motor vehicle caused injury to person or property;
(2) the person violated the provisions of AS 28.33.130(a) or violated the terms of an out-of-service order issued under AS 28.33.130; or
(3) the person unlawfully operated a commercial motor vehicle; in this paragraph, "unlawfully" means in violation of any federal, state, or municipal statute, regulation, or ordinance.
(d) Before administering a preliminary breath test under (c) of this section, the officer shall advise the person that refusal may be used against the person in a civil or criminal action arising out of the incident and that refusal is a misdemeanor. If the person refuses to submit to the test, the test may not be administered.
(e) The result of the preliminary test under (c) of this section may be used by the law enforcement officer to determine whether the operator should be arrested. If an operator is arrested, the provisions of (a) of this section apply. The preliminary breath test authorized under (c) of this section is in addition to any chemical tests authorized under (a) of this section.
(f) Refusal to submit to a preliminary breath test at the request of a law enforcement officer is a class B misdemeanor.
Sec. 28.33.033. PRESUMPTIONS AND CHEMICAL ANALYSIS OF BREATH OR BLOOD. (a) Upon the trial of a civil or criminal action or proceedings arising out of acts alleged to have been committed by a person operating a commercial motor vehicle while intoxicated in violation of AS 28.33.030, the following rules apply with regard to the amount of alcohol in the person's blood or breath at the time alleged:
(1) if there was less than 0.04 percent by weight of alcohol in the person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact does not give rise to a presumption that the person was or was not under the influence of an intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the influence of an intoxicating liquor;
(2) if there was 0.04 percent or more by weight of alcohol in the person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is presumed that the person was under the influence of an intoxicating liquor.
(b) For purposes of this chapter, percent by weight of alcohol in the blood is based upon milligrams of alcohol per 100 milliliters of blood.
(c) The provisions of (a) of this section may not be construed to limit the introduction of any other competent evidence bearing upon the question of whether the person was or was not under the influence of intoxicating liquor.
(d) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of the person's own choosing administer a chemical test in addition to the test administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer; the fact that the person under arrest sought to obtain such an additional test, and failed or was unable to do so, is likewise admissible in evidence.
(e) Upon the request of the person who submits to a chemical test at the request of a law enforcement officer, full information concerning the test, including the results of it, shall be made available to the person or person's attorney.
* Sec. 16. AS 28.33.100(a) is amended to read:
(a) A person may not drive [OPERATE] a commercial motor vehicle until the person applies for and is issued a license for that purpose under AS 28.15.041. The department may not issue a license to drive [OPERATE] a commercial motor vehicle unless the applicant
(1) is at least 19 years of age;
(2) has held a valid driver's license at least one year before the date of application or meets the experience qualifications established by the department;
(3) has successfully completed all required driving tests and written and physical examinations;
(4) either does not have a driver's license issued by another jurisdiction or surrenders all driver's licenses issued by other jurisdictions.
* Sec. 17. AS 28.33.100 is amended by adding a new subsection to read:
(e) The department shall disqualify a person for a period of 60 consecutive days, and shall reevaluate the person's application or license to drive a commercial motor vehicle, if the department determines that the person knowingly provided false information required under
(1) this section or AS 28.15 in an application to the department for a commercial driver's license; or
(2) AS 28.33.110(c) in an application for employment.
* Sec. 18. AS 28.33.120 is amended to read:
Sec. 28.33.120. RESPONSIBILITIES OF EMPLOYERS OF COMMERCIAL MOTOR VEHICLE DRIVER. An employer of a commercial motor vehicle driver
(1) shall require an applicant for employment to provide the information required under AS 28.33.110(c);
(2) may not knowingly allow, require, permit, assign, or authorize a driver to drive [OPERATE] a commercial motor vehicle during a period in which
(A) the driver's license is suspended, revoked, or canceled by a state;
(B) the driver has lost the privilege to drive [OPERATE] a commercial motor vehicle in a state;
(C) the driver has been disqualified from driving [OPERATING] a commercial motor vehicle; [OR]
(D) the driver has more than one driver's license; or
(E) the driver is not licensed to drive a commercial motor vehicle.
* Sec. 19. AS 28.33 is amended by adding new sections to read:
Sec. 28.33.130. OUT OF SERVICE ORDERS. (a) A person may not operate a commercial motor vehicle or be on-duty
(1) if, within the preceding four hours, the person
(A) consumed or was under the influence of
(i) an alcoholic beverage;
(ii) a controlled substance not prescribed by a physician; or
(iii) a controlled substance prescribed by a physician that might impair a person's ability to operate a commercial motor vehicle; or
(B) had any measurable alcohol concentration within the blood or breath or any detectable presence of alcohol; or
(2) while in possession of an alcoholic beverage or a controlled substance not prescribed by a physician unless
(A) the alcoholic beverage or controlled substance is manifested and documented as part of an authorized shipment of cargo; or
(B) under AS 04, the alcoholic beverage may be legally served to passengers being carried for hire.
(b) An employer, or a peace officer, who has reasonable grounds to believe that a person has violated (a) of this section, shall immediately give the person a written notice ordering the person out of service. If it is not possible to issue a written out of service order, a verbal order may be issued. An employer may not knowingly allow, require, permit, assign, or authorize a person to operate a commercial motor vehicle or be on-duty during a period in which
(1) the person has been ordered out of service under this section; or
(2) the person has violated (a) of this section, even if an out of service order has not been issued.
(c) A person who is ordered out of service
(1) may not operate a commercial motor vehicle or be on-duty for 24 hours following issuance of the out of service order; and
(2) shall report that fact, in writing,
(A) within 24 hours to the person's employer; and
(B) within 30 days to the division of motor vehicles if the person possesses a commercial motor vehicle license.
(d) In this section, "on-duty" means the period of time in which a person is
(1) required by the person's employer to be ready to immediately operate a commercial motor vehicle, including time spent waiting to be assigned to operate a commercial motor vehicle;
(2) inspecting, servicing, or conditioning a commercial motor vehicle;
(3) in or upon a commercial motor vehicle, except time spent resting in a sleeper berth;
(4) loading or unloading, or supervising the loading or unloading of, a commercial motor vehicle, or giving or receiving receipts for shipments loaded or unloaded;
(5) taking action, as required by state or federal law, following an accident involving a commercial motor vehicle; or
(6) repairing or obtaining assistance for a disabled commercial motor vehicle.
Sec. 28.33.140. COURT DISQUALIFICATIONS FROM DRIVING A COMMERCIAL MOTOR VEHICLE. (a) In addition to the court action provided in AS 28.15.181, conviction of any of the following offenses is grounds for immediate disqualification from driving a commercial motor vehicle for the periods set out in this section:
(1)operating a commercial motor vehicle while intoxicated in violation of AS 28.33.030;
(2) refusal to submit to a chemical test in violation of AS 28.35.032;
(3) operating a motor vehicle while intoxicated, in violation of AS 28.35.030;
(4) leaving the scene of an accident in violation of AS 28.35.060, or failing to file, or providing false information in, an accident report in violation of AS 28.35.110;
(5)a felony under state or federal law, which was facilitated because the person used a commercial motor vehicle; or
(6) a serious traffic violation.
(b) A finding by a court that there is proof by a preponderance of the evidence that a person was operating a commercial motor vehicle at the time that the commercial motor vehicle was involved in an offense listed in (a)(2) - (6) of this section, is sufficient to disqualify the person under this section.
(c) A court convicting a person of an offense described in (a)(6) of this section shall disqualify that person from driving a commercial motor vehicle for not less than 60 days if the person has been previously convicted once, and 120 days if the person has been previously convicted more than once. As used in this subsection, "previously convicted" means having been convicted in this or another jurisdiction, within three years preceding the date of the present offense, of an offense described in (a)(6) of this section, or of another law or ordinance with substantially similar elements, arising out of a separate incident.
(d) A court convicting a person of an offense described in (a)(1) - (5) of this section shall disqualify that person from driving a commercial motor vehicle for not less than one year for a first offense, except that if the offense
(1) was facilitated by a commercial motor vehicle transporting a hazardous substance that required that placards be placed on the vehicle under 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation Act), the period of disqualification is not less than three years;
(2) was a felony offense that involved the manufacture, distribution, or dispensing, or possession with intent to manufacture, distribute, or dispense, a controlled substance, the disqualification is for life and the license may not be reinstated under (g) of this section.
(e) A court convicting a person of an offense described in (a)(1) - (5) of this section shall disqualify that person from driving a commercial motor vehicle for life if the person has been previously convicted. As used in this subsection, "previously convicted" means having been convicted in this or another jurisdiction of an offense described in (a)(1) - (5) of this section, or of another law or ordinance with substantially similar elements.
(f) A person who is disqualified under this section may not obtain a limited license under AS 28.15.201 to permit driving a commercial motor vehicle.
(g) A person disqualified for life under (e) of this section may apply to the department for reinstatement of a commercial driver's license if
(1) the person has successfully completed an appropriate rehabilitation program satisfactory to the department;
(2) the person has not committed a felony offense, or a misdemeanor offense involving operation of a motor vehicle, during the period of disqualification; and
(3) the person has undergone a minimum disqualification period of 10 years.
(h) A disqualified driver reinstated under (g) of this section who is subsequently convicted of a disqualifying offense described in (a)(1) - (5) of this section is permanently disqualified for life and is ineligible to again apply for reinstatement under (g) of this section.
(i) In addition to the requirements of AS 28.15.191, a court that disqualifies a person from driving a commercial motor vehicle shall require the surrender of the license, and shall immediately forward the license to the department with the record of conviction and notification of the effective date of the disqualification.
Sec. 28.33.150. DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT BEING LAWFULLY LICENSED. (a) A person is guilty of a class A misdemeanor if the person drives a commercial motor vehicle in this state
(1) without being licensed or privileged in this state to drive a commercial motor vehicle;
(2) during a period when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended, or revoked in this or another jurisdiction;
(3) in violation of a limitation placed upon that person's license or privilege to drive in this or another jurisdiction;
(4) during a period when that person has been disqualified from driving a commercial motor vehicle by a court or an administrative agency in this or another jurisdiction; or
(5) in violation of an out of service order issued under AS 28.33.130 or under a law in another jurisdiction having substantially similar requirements.
(b) Upon conviction under (a)(2) - (5) of this section, the court
(1) shall impose a minimum sentence of imprisonment
(A) if the person has not been previously convicted, of not less than 20 days with 10 days suspended, including a mandatory condition of probation that the defendant complete not less than 80 hours of community work service; or
(B) if the person has been previously convicted, of not less than 60 days and a fine of $1,000;
(2) may impose additional conditions of probation;
(3) may not
(A) suspend execution of sentence or grant probation except on condition that the person serve a minimum term of imprisonment and perform required community work service as provided in (1) of this subsection;
(B) suspend imposition of sentence; and
(4) shall revoke the person's license, privilege to drive, or privilege to obtain a license, and the person may not be issued a new license nor may the privilege to drive or obtain a license be restored for an additional period of not less than 90 days after the date that the person would have been entitled to restoration of driving privileges.
(c) In this section, "previously convicted" means having been convicted in this or another jurisdiction, within 10 years preceding the date of the present offense, of a violation of this section, AS 28.15.291, or another law or ordinance with substantially similar elements.
* Sec. 20. AS 28.33.190 is repealed and reenacted to read:
Sec. 28.33.190. DEFINITIONS. In AS 28.33.100 - 28.33.190,
(1) "alcoholic beverage" has the meaning given in AS 04.21.080(b);
(2) "commercial motor vehicle" has the meaning given in AS 28.40.100;
(3) "controlled substance" means any substance listed as being controlled under AS 11.71 or 21 U.S.C. 812 - 813, or determined under federal regulations to be controlled for purposes of 21 U.S.C. 801 - 813 (Controlled Substances Act);
(4) "disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle;
(5) "disqualified" means that a person's privilege to drive a commercial motor vehicle has been withdrawn;
(6) "drive a commercial motor vehicle" means to affect the movement, attempt to affect the movement, or to be in actual physical control, of a commercial motor vehicle in motion, excluding slight motion incidental to loading, unloading, servicing, or inspecting the vehicle;
(7) "employer" means a person who
(A) provides compensation to a person who operates a commercial motor vehicle, including wages or other remuneration, whether through an employment relationship or by contract; or
(B) acts as an agent of someone who provides compensation to a person who operates a commercial motor vehicle, with authority to allow, require, permit, assign, or authorize the person being compensated to operate a commercial motor vehicle;
(8) "hazardous substance" means a substance found by the United States Secretary of Transportation to be hazardous for purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation Act);
(9) "operating a commercial motor vehicle" means
(A) to drive a commercial motor vehicle; or
(B) whether or not the vehicle is in motion, or is capable of being moved, to be in actual physical control, or to attempt to affect the movement, of a commercial motor vehicle; and
(10) "serious traffic violation" means
(A) speeding 15 miles per hour or more above the posted limit;
(B) reckless or negligent driving, in violation of AS 28.35.040 or 28.35.045 or an ordinance with substantially similar elements;
(C) violation of a provision of this title, or a regulation adopted under this title, relating to improper lane changes or following too closely, or an ordinance with substantially similar elements; or
(D) violation of a law or ordinance relating to traffic control, which was determined by the court by a preponderance of the evidence to have been a factor in causing physical injury to a person.
* Sec. 21. AS 28.35.029(b) is amended to read:
(b) Except as provided in AS 28.33.130, a [A] person may transport an open bottle, can, or other receptacle containing an alcoholic beverage
(1) in the trunk of a motor vehicle;
(2) on a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or other receptacle is enclosed within another container;
(3) behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or
(4) if the open bottle, can, or other receptacle is in the possession of a passenger in a [COMMERCIAL] motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons.
* Sec. 22. AS 28.35.030(a) is amended to read:
(a) A person commits the crime of driving while intoxicated if the person operates or drives a motor vehicle or operates an aircraft or a watercraft
(1) while under the influence of intoxicating liquor, or any controlled substance [LISTED IN AS 11.71.140 - 11.71.190];
(2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.10 percent or more by weight of alcohol in the person's blood or 100 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.10 grams or more of alcohol per 210 liters of the person's breath; or
(3) while the person is under the combined influence of intoxicating liquor and a controlled [ANOTHER] substance.
* Sec. 23. AS 28.35.030(k) is amended to read:
(k) In this section,
(1) "controlled substance" has the meaning given in AS 28.33.190;
(2) "operate an aircraft" means to use, navigate, pilot, or taxi an aircraft in the airspace over this state, or upon the land or water inside this state;
(3) [(2)] "operate a watercraft" means to navigate or use a vessel used or capable of being used as a means of transportation on water for recreational or commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial limits or under the jurisdiction of the state;
(4) [(3)] "previously convicted" means having been convicted in this or another jurisdiction, within 10 years preceding the date of the present offense, of any of the following offenses, or of another law or ordinance with substantially similar elements; however, convictions for any of these offenses, if arising out of a single transaction and a single arrest, are considered one previous conviction:
(A) operating a motor vehicle, aircraft, or watercraft while intoxicated, in violation of this section;
(B) refusal to submit to a chemical test in violation of AS 28.35.032; or
(C) operating a commercial motor vehicle while intoxicated in violation of AS 28.33.030 [OPERATING A MOTOR VEHICLE, AIRCRAFT, OR WATERCRAFT WHILE INTOXICATED UNDER THIS SECTION OR ANOTHER LAW OR ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS, OR OF REFUSAL TO SUBMIT TO A CHEMICAL TEST UNDER AS 28.35.032 OR ANOTHER LAW OR ORDINANCE WITH SUBSTANTIALLY SIMILAR ELEMENTS: CONVICTIONS FOR BOTH OPERATING A MOTOR VEHICLE, AIRCRAFT, OR WATERCRAFT WHILE INTOXICATED AND FOR REFUSAL TO SUBMIT TO A CHEMICAL TEST OF BREATH, IF ARISING OUT OF A SINGLE TRANSACTION AND A SINGLE ARREST, ARE CONSIDERED ONE PREVIOUS CONVICTION].
* Sec. 24. AS 28.35.032(a) is amended to read:
(a) If a person under arrest refuses the request of a law enforcement officer to submit to a chemical test under AS 28.33.031(a) or AS 28.35.031(a), after being advised by the officer that the refusal will, if that person was arrested while operating a motor vehicle or aircraft, result in the denial or revocation of the driver's license, privilege to drive, or privilege to obtain a license, that the refusal may be used against the person in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating a motor vehicle, an aircraft, or a watercraft while intoxicated, and that the refusal is a crime, a chemical test may not be given, except as provided by AS 28.35.035.
* Sec. 25. AS 28.35.032(f) is amended to read:
(f) Refusal to submit to the chemical test of breath authorized by AS 28.33.031(a) or AS 28.35.031(a) is a class A misdemeanor.
* Sec. 26. AS 28.35.032(j) is amended to read:
(j) For purposes of this section, convictions for operating or [BOTH] driving while intoxicated under AS 28.33.030 or AS 28.35.030 and for refusal to submit to a chemical test of breath under this section [AS 28.35.031(a)], if arising out of a single transaction and a single arrest, are considered one previous conviction.
* Sec. 27. AS 28.35.032(o) is repealed and reenacted to read:
(o) In this section, "previously convicted" has the meaning given in AS 28.35.030.
* Sec. 28. AS 28.35.035(b) is amended to read:
(b) A person who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not to have withdrawn the consent provided under AS 28.33.031(a) or AS 28.35.031(a) and a chemical test may be administered to determine the amount of alcohol in that person's breath or blood. A person who is unconscious or otherwise incapable of refusal need not be placed under arrest before a chemical test may be administered.
* Sec. 29. AS 28.35.029(c)(2) is repealed.
* Sec. 30. Convictions for offenses committed before the effective date of this Act are considered previous convictions for purposes of this Act.
* Sec. 31. Section 6 of this Act has the effect of changing Alaska Rule of Appellate Procedure 603 by providing that the court shall impose conditions to adequately protect the public before granting a stay of a license revocation ordered under AS 28.15.166 where the petitioner operates a commercial motor vehicle.
* Sec. 32. This Act takes effect April 1, 1992.
Chapter 004
Chapter: CH004
Source: HCS CSSB 327(FIN) AM H
Action Date: April 1, 1992
Effective Date: (See Chapter)
92
AN ACT
Relating to permanent fund dividends; and providing for an effective date.
_______________
* Section 1. INTENT. The change to the definition of residency in sec. 16 of this Act only clarifies what the legislature has always intended the definition to be.
* Sec. 2. AS 34.45.720 is amended by adding a new subsection to read:
(c) AS 34.45.110 - 34.45.780 do not apply to a warrant for the payment of a permanent fund dividend.
* Sec. 3. AS 37.05.180 is amended to read:
Sec. 37.05.180. TWO-YEAR LIMITATION ON PAYMENT OF WARRANTS. A [NO] warrant upon the state treasury may not be [IS] paid unless presented at the office of the commissioner of revenue within two years of the date of its issuance. A warrant [ALL WARRANTS] not presented within that time is [ARE] considered paid and money held at the expiration of that time in a special fund or account for the payment of the warrant shall be transferred to the general fund, except where the warrant is for the payment of a permanent fund dividend or where transfer is prohibited by the federal government for state participation in a federal program.
* Sec. 4. AS 43.23.005(a) is amended to read:
(a) An individual is eligible to receive one permanent fund dividend each year in an amount to be determined under AS 43.23.025 if
(1) the individual applies to the department;
(2) [, AND IF (1)] on the date of application the individual is a state resident;
(3) [(2)] the individual was a state resident for [A PERIOD OF] at least the calendar year [12 CONSECUTIVE MONTHS] immediately preceding January 1 [APRIL 1] of the current dividend year; [AND]
(4) [(3)] the individual has been physically present in the state at some time during the prior [PERIOD BEGINNING JULY 1] two calendar years before the current dividend year; and
(5) the individual is
(A) a citizen of the United States;
(B) an alien lawfully admitted for permanent residence in the United States;
(C) an alien with refugee status under federal law; or
(D) an alien that has been granted asylum under federal law [DATE OF APPLICATION AND ENDING ON THE DATE OF APPLICATION].
* Sec. 5. AS 43.23.005(c) is amended to read:
(c) A parent, guardian, or other authorized representative may claim a permanent fund dividend on behalf of an unemancipated minor or on behalf of a disabled or an incompetent individual who is eligible to receive a payment under this section. Notwithstanding (a)(1) - (3) of this section, a minor is eligible for a dividend if, during the 24 months immediately preceding the current dividend year, the minor was born to or adopted by an individual who is eligible for a dividend for the current dividend year.
* Sec. 6. AS 43.23.005(c) is repealed and reenacted to read:
(c) A parent, guardian, or other authorized representative may claim a permanent fund dividend on behalf of an unemancipated minor or on behalf of a disabled or an incompetent individual who is eligible to receive a payment under this section. Notwithstanding (a)(2) - (4) of this section, a minor is eligible for a dividend if, during the two calendar years immediately preceding the current dividend year, the minor was born to or adopted by an individual who is eligible for a dividend for the current dividend year.
* Sec. 7. AS 43.23.005(d) is amended to read:
(d) Notwithstanding the provisions of (a) - (c) of this section, an individual who has been convicted of a felony is not eligible for a permanent fund dividend for a year when, during all or part of the previous calendar year [FISCAL YEAR ENDING JUNE 30 OF THE CURRENT YEAR], as a result of the conviction, the individual is incarcerated. [THIS SUBSECTION APPLIES WHETHER OR NOT THE INDIVIDUAL HAS APPLIED FOR THE DIVIDEND.]
* Sec. 8. AS 43.23.005(f) is amended to read:
(f) In a time of national military emergency, the commissioner may waive the requirement of (a)(4) [(a)(3)] of this section for an individual absent from the state under military orders while serving in the armed forces of the United States, or for the spouse and dependents of that individual.
* Sec. 9. AS 43.23 is amended by adding a new section to read:
Sec. 43.23.011. APPLICATION PERIOD. An application for a permanent fund dividend shall be filed during the period that begins January 2 and ends March 31 of that dividend year.
* Sec. 10. AS 43.23.015(a) is amended to read:
(a) The commissioner shall adopt regulations under the Administrative Procedure Act (AS 44.62) for determining the eligibility of individuals for permanent fund dividends. The commissioner may require an individual to provide proof of eligibility, and the commissioner may use other information available from other state departments or agencies to determine the eligibility of an individual. The commissioner shall consider all relevant circumstances in determining the eligibility of an individual. However, the residency of an individual's spouse may not be the principal factor relied upon by the commissioner in determining the residency of the individual.
* Sec. 11. AS 43.23.015(b) is amended to read:
(b) The department shall prescribe and furnish an application form for claiming a permanent fund dividend. The application must include notice of the penalties provided for under AS 43.23.035 and contain a statement of eligibility and a certification of residency. [IN SUBSTANTIALLY THE FOLLOWING FORM:
I CERTIFY THAT
( ) I AM A STATE RESIDENT ON THE DATE OF THIS APPLICATION, I HAVE BEEN A STATE RESIDENT FOR AT LEAST 12 MONTHS IMMEDIATELY PRECEDING APRIL 1 OF THE CURRENT DIVIDEND YEAR, AND I HAVE BEEN PHYSICALLY PRESENT IN THE STATE OF ALASKA AT SOME TIME DURING THE PERIOD BEGINNING JULY 1 TWO YEARS BEFORE THE DATE OF APPLICATION AND ENDING ON THE DATE OF THIS APPLICATION UNLESS THIS REQUIREMENT HAS BEEN WAIVED UNDER AS 43.23.005(f); OR
( ) (NAME), THE INDIVIDUAL ON WHOSE BEHALF I AM APPLYING, IS A STATE RESIDENT ON THE DATE OF THIS APPLICATION, HAS BEEN A STATE RESIDENT FOR AT LEAST 12 MONTHS IMMEDIATELY PRECEDING APRIL 1 OF THE CURRENT DIVIDEND YEAR, AND HAS BEEN PHYSICALLY PRESENT IN THE STATE OF ALASKA AT SOME TIME DURING THE PERIOD BEGINNING JULY 1 TWO YEARS BEFORE THE DATE OF APPLICATION AND ENDING ON THE DATE OF THIS APPLICATION UNLESS THIS REQUIREMENT HAS BEEN WAIVED UNDER AS 43.23.005(f).
I UNDERSTAND THAT A FALSE CLAIM OF ELIGIBILITY TO OBTAIN A PERMANENT FUND DIVIDEND FOR MYSELF OR FOR ANOTHER IS A CRIMINAL OFFENSE, THAT IF CONVICTED I WILL FORFEIT FUTURE DIVIDENDS, AND THAT I MUST REPAY ALL DIVIDENDS THAT HAVE BEEN PAID TO ME. I UNDERSTAND THAT IF I WILFULLY MISREPRESENT, EXERCISE GROSS NEGLIGENCE, OR RECKLESSLY DISREGARD A MATERIAL FACT REGARDING MY ELIGIBILITY FOR A PERMANENT FUND DIVIDEND I WILL FORFEIT THE DIVIDEND, BE SUBJECT TO A CIVIL FINE OF UP TO $5,000, AND LOSE MY ELIGIBILITY FOR THE NEXT FIVE DIVIDENDS. I UNDERSTAND THAT THESE PENALTIES ARE IN ADDITION TO ANY CRIMINAL PENALTIES IMPOSED.
___________________________________________________ (SIGNATURE OF INDIVIDUAL,
PARENT, GUARDIAN, OR OTHER
AUTHORIZED REPRESENTATIVE)]
* Sec. 12. AS 43.23.035(b) is amended to read:
(b) If the commissioner determines that a permanent fund dividend should not have been claimed by or paid to an individual, the commissioner may use all collection procedures or remedies available for collection of taxes under this title to recover the payment of a permanent fund dividend that was improperly made. A notice of an improperly paid dividend must be sent to the individual within
(1) three years after the improper payment is sent; or
(2) six years after the improper payment is sent if the commissioner determines that the individual exercised gross negligence or recklessly disregarded a material fact in connection with a false statement made in an application [10 YEARS AFTER THE IMPROPER PAYMENT. IF NOTICE IS NOT SENT WITHIN THE 10-YEAR PERIOD, PROCEEDINGS MAY NOT BE COMMENCED IN COURT FOR RECOVERY OF THE IMPROPER PAYMENT].
* Sec. 13. AS 43.23.035 is amended by adding a new subsection to read:
(d) If notice is not sent within the time required under (b) of this section, administrative or judicial proceedings may not be commenced for recovery of an improperly paid dividend. The time limitations of (b) of this section do not apply if a dividend is forfeited under (a) of this section or if it is more probable than not that an individual has committed a crime in connection with a false statement made in an application.
* Sec. 14. AS 43.23.055 is amended to read:
Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall
(1) annually pay permanent fund dividends from the dividend fund;
(2) subject to AS 43.23.011 and paragraph (8) of this section, adopt regulations under the Administrative Procedure Act (AS 44.62) that establish procedures and time limits for claiming a permanent fund dividend; the department shall determine [SET THE TIME LIMIT FOR APPLICATIONS FOR PERMANENT FUND DIVIDENDS SO THAT] the number of eligible applicants [IS DETERMINED] by October 1 of the year for which the dividend is declared and pay the [PERMANENT FUND] dividends by December 31 of that year [FOR A YEAR ARE PAID BEFORE APRIL 30 OF THE YEAR FOLLOWING THAT YEAR];
(3) adopt regulations under the Administrative Procedure Act (AS 44.62) that establish procedures and time limits for an individual upon emancipation or upon reaching majority to apply for permanent fund dividends not received during minority because the parent, guardian, or other authorized representative did not apply on behalf of the individual;
(4) assist residents of the state, particularly in rural areas, who because of language, disability, or inaccessibility to public transportation need assistance to establish eligibility and to apply for permanent fund dividends;
(5) annually determine, in cooperation with the Department of Corrections, the number and identity of individuals ineligible for a permanent fund dividend under AS 43.23.005(d);
(6) adopt regulations that are necessary to implement AS 43.23.005(d);
(7) adopt regulations that establish procedures for the parent, guardian, or other authorized representative of a disabled individual to apply for prior year permanent fund dividends not received by the disabled individual because no application was submitted on behalf of the individual;
(8) adopt regulations that establish procedures for an individual to apply to have a dividend warrant reissued if it is returned to the department as undeliverable or it is not paid within two years of the date of its issuance; however, the department may not establish a time limit within which an application to have a warrant reissued must be filed.
* Sec. 15. AS 43.23 is amended by adding a new section to read:
Sec. 43.23.069. ASSIGNMENTS. (a) Except as provided in (b) of this section, a person eligible to receive a permanent fund dividend may not assign the right to the dividend. An attempted assignment of the right to receive a permanent fund dividend is against public policy and is void.
(b) A person may assign the right to receive a permanent fund dividend to a federal, state, or municipal government agency or to a court.
* Sec. 16. AS 43.23.095(8) is amended to read:
(8) "state resident" means an individual who is physically present in the state with the intent to remain permanently in the state under the requirements of AS 01.10.055 or, if the individual is not physically present in the state, intends to return to the state and remain permanently in the state under the requirements of AS 01.10.055, and is absent only for any of the following reasons:
(A) vocational, professional, or other specific education for which a comparable program was not reasonably available in the state;
(B) secondary or postsecondary education;
(C) military service;
(D) medical treatment;
(E) service in Congress;
(F) other reasons which the commissioner may establish by regulation; or
(G) service in the Peace Corps;
* Sec. 17. AS 43.23.095 is amended by adding a new subsection to read:
(b) For purposes of AS 43.23.069, "state agency" includes a regional housing authority created under AS 18.55.996.
* Sec. 18. AS 43.23.005(b) is repealed.
* Sec. 19. APPLICATION PERIODS. (a) Notwithstanding permanent fund dividend application procedures or deadlines, a parent, guardian, or other authorized representative of a minor who qualified for a dividend for 1992 because of the amendment to AS 43.23.005(c), made in sec. 5 of this Act, may apply on behalf of the minor for the dividend by December 31, 1992. Notwithstanding permanent fund dividend application procedures or deadlines, an individual who qualified for a dividend for 1992 because of the amendment to AS 43.23.015(a), made in sec. 10 of this Act, may apply for the dividend by September 30, 1992. The Department of Revenue shall prepare a form for applications under this section.
(b) Notwithstanding AS 43.23.011, as added by sec. 9 of this Act, the application period for 1993 is the period that begins January 2, 1993, and ends June 30, 1993.
* Sec. 20. Sections 5 and 10 of this Act are retroactive to January 1, 1992.
* Sec. 21. Sections 1 - 3, 5, 10, 12, 13, 15 - 17, 19, and 20 of this Act take effect immediately under AS 01.10.070(c).
* Sec. 22. Sections 4, 6 - 9, 11, 14, and 18 of this Act take effect January 1, 1993.
Chapter 005
Chapter: CH005
Source: SB 116(EFD AM H)
Action Date: April 2, 1992
Effective Date: April 3, 1992
92
AN ACT
Relating to permits for the hunting of bison; and providing for an effective date.
_______________
* Section 1. AS 16.05.346(b) is amended to read:
(b) The application fee for a drawing permit issued by the department for the hunting of bison [IN THE DELTA JUNCTION BISON RANGE AREA] is $10.
* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).
Chapter 006
Chapter: CH006
Source: CSHB 272(MLV)
Action Date: April 13, 1992
Effective Date: April 14, 1992
92
AN ACT
Relating to the duties of the adjutant general and of the Department of Military and Veterans' Affairs; and providing for an effective date.
_______________
* Section 1. AS 26.05.160 is amended by adding new subsections to read:
(c) The adjutant general is the official liaison between the state and the active military in the state. The adjutant general shall provide advice and assistance to state agencies having dealings with the active military in the state.
(d) The adjutant general is the official liaison between the state and the federal Department of Veterans Affairs. The adjutant general shall provide advice and assistance to state agencies having dealings with the federal Department of Veterans Affairs.
(e) The adjutant general is the official liaison between the state and the Federal Emergency Management Agency in the state. The adjutant general shall provide advice and assistance to state agencies having dealings with the Federal Emergency Management Agency.
* Sec. 2. AS 44.35.020(a) is amended to read:
(a) The Department of Military and Veterans' Affairs shall
(1) conduct the military affairs of the state as prescribed by the Military Code; and
(2) cooperate with the federal government in matters of mutual concern pertaining to the welfare of Alaskan veterans, including establishing, extending, or strengthening services for veterans in the state;
(3) annually, not later than February 1, report to the legislature, through the governor, outlining the department's activities during the previous calendar year.
* Sec. 3. This Act takes effect immediately under AS 01.10.070(c).
Chapter 007
Chapter: CH007
Source: CSSB 408(L&C)
Action Date: April 13, 1992
Effective Date: April 14, 1992
92
AN ACT
Relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings; and amending Rule 703 of the Alaska Rules of Evidence.
_______________
* Section 1. AS 09.25 is amended by adding a new section to read:
Sec. 09.25.051. ADMISSIBILITY OF DNA PROFILES. (a) In a civil action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence.
(b) In this section,
(1) "deoxyribonucleic acid" means the molecules in all cellular forms that contain genetic information in a patterned chemical structure for each individual;
(2) "DNA profile"
(A) means an analysis of blood, semen, tissue, or other cells bearing deoxyribonucleic acid resulting in the identification of the individual's patterned chemical structure of genetic information;
(B) includes statistical population frequency comparisons of the patterned chemical structures described in (A) of this paragraph.
* Sec. 2. AS 12.45 is amended by adding a new section to read:
Sec. 12.45.035. ADMISSIBILITY OF DNA PROFILES. (a) In a criminal action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence.
(b) In this section,
(1) "deoxyribonucleic acid" means the molecules in all cellular forms that contain genetic information in a patterned chemical structure for each individual;
(2) "DNA profile"
(A) means an analysis of blood, semen, tissue, or other cells bearing deoxyribonucleic acid resulting in the identification of the individual's patterned chemical structure of genetic information;
(B) includes statistical population frequency comparisons of the patterned chemical structures described in (A) of this paragraph.
* Sec. 3. AS 09.25.051, added by sec. 1 of this Act, and AS 12.45.035, added by sec. 2 of this Act, have the effect of amending Rule 703, Alaska Rules of Evidence, to the extent that Rule 703 would limit the admissibility of DNA profile evidence as a result of the application of the standard previously adopted by the Alaska Supreme Court in Pulakis v. State, 476 P.2d 474 (Alaska 1970), that requires a finding of general acceptance of scientific evidence in the relevant scientific community as a precondition of admission of scientific evidence.
Chapter 008
Chapter: CH008
Source: SCS CSHB 50(FIN) AM S
Action Date: April 13, 1992
Effective Date: April 14, 1992
92
AN ACT
Making appropriations for operation of state government for fiscal year 1992; and providing for an effective date.
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* Section 1. The sum of $2,111,100 is appropriated from the general fund to the Department of Corrections, major medical program, for increased program costs.
* Sec. 2. The sum of $15,500,000 is appropriated to the Department of Law to pay continuing costs for legal proceedings involving oil and gas revenue due or paid to the state or state title to oil and gas land from the following sources:
General fund$13,000,000
Permanent Fund Corporation receipts2,500,000
* Sec. 3. The sum of $3,600,000 is appropriated from the general fund to the Department of Administration, leasing program, for additional lease costs.
* Sec. 4. The sum of $19,944,700 is appropriated from the general fund to the Department of Education, public school foundation program (AS 14.17) for increased student enrollment.
* Sec. 5. The sum of $16,366,200 is appropriated to the Department of Health and Social Services, aid to families with dependent children program, to cover increased case load and costs from the following fund sources in the amounts listed:
FUND SOURCEAMOUNT
General fund match$7,585,700
Federal funds 8,780,500
* Sec. 6. The sum of $216,200 is appropriated from the general fund to the Department of Fish and Game for advisory committee and regional council activities.
* Sec. 7. The sum of $200,000 is appropriated from the general fund to the Alaska State Legislature, legislative audit division, for additional operating expenses.
* Sec. 8. The sum of $500,000 is appropriated from the general fund to the Alaska State Legislature, legislative finance division, for additional operating expenses.
* Sec. 9. The sum of $485,500 is appropriated from the general fund to the Alaska State Legislature, legislative council for additional operating expenses to be allocated as follows:
Salaries and allowances$182,800
Session expenses 302,700
* Sec. 10. The sum of $508,100 is appropriated from the general fund to the Alaska State Legislature, legislative operating budget, for additional operating expenses.
* Sec. 11. The sum of $258,300 is appropriated from the general fund to the Alaska State Legislature, office of the ombudsman, for additional operating expenses.
* Sec. 12. The sum of $207,400 is appropriated from the general fund to the Alaska State Legislature, legislative council, for operating expenses of the health resources and access task force.
* Sec. 13 The sum of $470,000 is appropriated from the general fund to the Alaska Court System for temporary positions and operating costs.
* Sec. 14. The sum of $50,000 is appropriated from the general fund to the Department of Community and Regional Affairs for payment as an organization grant under AS 29.05.180 to the City of Pilot Point.
* Sec. 15. The sum of $87,300 is appropriated from general fund program receipts to the Department of Education for personal services and operating costs of the Professional Teaching Practices Commission.
* Sec. 16. The unexpended and unobligated balances of the appropriations made by this Act lapse into the funds from which they were appropriated June 30, 1992.
* Sec. 17. This Act takes effect immediately under AS 01.10.070(c).
Chapter 009
Chapter: CH009
Source: HB 360
Action Date: April 29, 1992
Effective Date: July 28, 1992
92
AN ACT
Relating to life or disability insurance obtained by charities.
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* Section 1. AS 21.42.020 is amended by adding a new subsection to read:
(d) Notwithstanding the other provisions of this section, a charitable organization may obtain, by procurement, assignment, or otherwise, life or disability insurance on an insured who consents to the issuance of the insurance. In this subsection, "charitable organization" means a charity that is exempt from taxation under 26 U.S.C. 501(c)(3).
Chapter 010
Chapter: CH010
Source: CSHB 376(JUD)
Action Date: April 29, 1992
Effective Date: July 28, 1992
92
AN ACT
Relating to the rights of victims of crimes committed by defendants found not guilty by reason of insanity.
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* Section 1. AS 12.47.095(a) is amended to read:
(a) If an offender has been committed to the custody of the commissioner of health and social services under AS 12.47.090, the victim of that crime is entitled to notice of a pending or actual change in the status of the offender. The commissioner of health and social services shall give notice as required by this section if
(1) the offender has been continued in commitment following expiration of the maximum term of imprisonment under AS 12.47.090(f) and the commissioner gives notice of release of the offender;
(2) the court is to consider modification of an order of conditional release for the offender under AS 12.47.092(e);
(3) a court is to consider conditional release of the offender under AS 12.47.090(k) and 12.47.092(a); [OR]
(4) the offender petitions for discharge under AS 12.47.092(f); or
(5) the offender escapes, is released from custody on conditional release, furlough or authorized absence, or is discharged or released from custody for any reason.
* Sec. 2. AS 12.47.095 is amended by adding a new subsection to read:
(f) A victim who has received notice under (a) of this section that a change in the status of the offender is pending before a court has the right to submit to the court a written statement, or to appear personally at a hearing to present a written statement, and to give sworn testimony or an unsworn oral presentation to the court.
Chapter 011
Chapter: CH011
Source: SCS CSHB 128(CRA)
Action Date: April 29, 1992
Effective Date: July 28, 1992
92
AN ACT
Relating to the office of municipal clerk.
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* Section 1. AS 29.20.380(a) is repealed and reenacted to read:
(a) The municipal clerk shall
(l) attend meetings of the governing body and its boards and committees as required and keep the journal;
(2) have custody of the official municipal seal;
(3) assure that notice and other requirements for public meetings are complied with and assure that public records are available for public inspection as required by law;
(4) manage municipal records and develop retention schedules and procedures for inventory, storage, and destruction of records as necessary;
(5) maintain an indexed file of all permanent municipal records, provide for codification of ordinances, and authenticate or certify records as necessary;
(6) prepare agendas and agenda packets as required by the governing body;
(7) administer all municipal elections;
(8) assure that the municipality complies with 42 U.S.C. 1971-1974 (Voting Rights Act of 1965, as amended);
(9) take oaths, affirmations, and acknowledgements as necessary;
(10) act as the parliamentary advisor to the governing body;
(11) perform other duties required by law, the governing body, or the chief administrator.
Chapter 012
Chapter: CH012
Source: CSSB 87(HES)
Action Date: April 29, 1992
Effective Date: May 28, 1992
92
AN ACT
Exempting certain graduate educational programs in law, dentistry, and medicine from state regulation.
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* Section 1. AS 14.48.030 is amended by adding a new subsection to read:
(c) A postsecondary educational institution that only offers instruction to individuals preparing to take graduate examinations in law, dentistry, or medicine and does not offer educational credentials is exempt from the provisions of this chapter.
Chapter 013
Chapter: CH013
Source: SB 335(AM)
Action Date: April 29, 1992
Effective Date: July 28, 1992
92
AN ACT
Relating to the Governor's Council for the Handicapped and Gifted and the definition of "developmentally disabled."
_______________
* Section 1. AS 47.80.030 is amended to read:
Sec. 47.80.030. GOVERNOR'S COUNCIL ON DISABILITIES AND SPECIAL EDUCATION [FOR THE HANDICAPPED AND GIFTED]. There is established the Governor's Council on Disabilities and Special Education [FOR THE HANDICAPPED AND GIFTED]. For budgetary purposes, the council is located within the Department of Health and Social Services but is the interdepartmental planning and coordinating agency of the Department of Health and Social Services, the Department of Education, and other departments that deliver services to persons who are [HANDICAPPED OR] gifted or experiencing a disability. In addition, the council is the state planning council and interagency coordinating council for purposes of federal laws relating to persons who are [THE HANDICAPPED OR] gifted or experiencing a disability.
* Sec. 2. AS 47.80.040(a) is amended to read:
(a) The council consists of no fewer than 18 nor more than 26 [23] members appointed by the governor in a manner that satisfies the requirements for a state interagency coordinating council under 20 U.S.C. 1482 and a state planning council under 42 U.S.C. 6024 [ACCORDANCE WITH P.L. 91-517, P.L. 94-103, P.L. 94-142, AS AMENDED, AND AS 14.30.231].
* Sec. 3. AS 47.80.090 is amended to read:
Sec. 47.80.090. RESPONSIBILITIES. The council shall
(1) serve as a forum by which issues and benefits regarding current and potential services to disabled [HANDICAPPED] and gifted persons may be discussed by consumer, public, private, professional, and lay interests;
(2) advocate the needs of disabled [HANDICAPPED] and gifted persons before the executive and legislative branches of the state government and before the public;
(3) advise the executive and legislative branches of the state government and the private sector on programs and policies pertaining to current and potential services to disabled [HANDICAPPED] or gifted persons and their families;
(4) submit periodic reports to the commissioner of health and social services, the commissioner of education, and to other appropriate departments, on the effects of current federal and state programs regarding services to disabled [HANDICAPPED] or gifted persons; these reports must [SHALL] include program performance reports to the governor, the federal government, and to state agencies as required under 20 U.S.C. 1482 and 42 U.S.C. 6024 [BY P.L. 91-517, P.L. 94-103, OR P.L. 94-142, AS AMENDED];
(5) in conjunction with the Departments of Health and Social Services and Education, develop, prepare, adopt, periodically review, and revise as necessary an annual state plan prescribing programs that [WHICH] meet the needs of persons with developmental disabilities as required under 42 U.S.C. 6022 [P.L. 91-517 OR P.L. 94-103, AS AMENDED];
(6) review and comment to commissioners of state departments on all state plans and proposed regulations relating to programs for persons who are experiencing disabilities [WITH HANDICAPS] before the adoption of a plan or regulation; for this purpose, the appropriate departments shall submit the plans and proposed regulations to the council;
(7) recommend the priorities and specifications for the use of funds received by the state under 20 U.S.C. 1471 - 1485 and 42 U.S.C. 6000 - 6083 [P.L. 91-517, P.L. 94-103 AND P.L. 94-142, AS AMENDED];
(8) submit annually to the commissioner of health and social services, the commissioner of education, and the commissioner of community and regional affairs a proposed interdepartmental program budget for services to disabled [HANDICAPPED] or gifted persons that [WHICH] includes, insofar as possible, projected revenues and expenditures for programs implemented by state agencies, local governmental agencies, and private organizations; the interdepartmental program budget is an informational supplement to the regular annual budgetary submissions of the departments to the Office of the Governor;
(9) provide information and guidance for the development of appropriate special educational programs and services for exceptional children as defined in AS 14.30.350;
(10) monitor and evaluate budgets or other implementation plans and programs for disabled [HANDICAPPED] and gifted persons to assure nonduplication of services and encourage efficient and coordinated use of federal, state, and private resources in the provision of services; members of the council, with the approval of the council, have access to information in the possession of state agencies subject to disclosure restrictions imposed by state or federal confidentiality or privacy laws;
(11) perform other duties required under applicable federal laws [P.L. 91-517, P.L. 94-103, P.L. 94-142, AS AMENDED,] or AS 14.30.231 [,] and as the governor may assign; and
(12) govern the special education service agency [,] and may hire personnel necessary to operate the agency.
* Sec. 4. AS 47.80.900(7) is repealed and reenacted to read:
(7) "person with a developmental disability" means a person who is experiencing a severe, chronic disability that
(A) is attributable to a mental or physical impairment or combination of mental and physical impairments;
(B) is manifested before the person attains age 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self- sufficiency; and
(E) reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated;
* Sec. 5. AS 47.80.040(b), 47.80.040(c), 47.80.040(d), and 47.80.040(e) are repealed.
* Sec. 6. REVISOR'S INSTRUCTION. Wherever in the Alaska Statutes and the Alaska Administrative Code the term "Governor's Council for the Handicapped and Gifted" is used, it shall be read as referring to the Governor's Council on Disabilities and Special Education when to do so would be consistent with the changes made in sec. 1 of this Act. Under AS 01.05.031, the revisor of statutes shall implement this section in the statutes and, under AS 44.62.125(b)(6), the regulations attorney shall implement this section in the administrative code.
Chapter 014
Chapter: CH014
Source: CSSB 381(STA)
Action Date: April 29, 1992
Effective Date: July 28, 1992
92
AN ACT
Relating to information concerning health benefits for retired members of certain retirement systems.
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* Section 1. AS 14.25.168 is amended by adding a new subsection to read:
(e) The administrator shall inform members who have requested appointment to retirement that the health insurance coverage available to retired members may be different from the health insurance coverage provided to employees. The administrator shall also notify those members of time limits for selecting optional health insurance coverage and whether the election is irrevocable. A member who has requested appointment to retirement shall indicate in writing on a form provided by the administrator that the member has received the information required by this subsection and whether the member has chosen to receive optional health insurance coverage.
* Sec. 2. AS 22.25.090 is amended by adding a new subsection to read:
(e) The administrator shall inform members who have requested appointment to retirement that the health insurance coverage available to retired members may be different from the health insurance coverage provided to employees. The administrator shall also notify those members of time limits for selecting optional health insurance coverage and whether the election is irrevocable. A member who has requested appointment to retirement shall indicate in writing on a form provided by the administrator that the member has received the information required by this subsection and whether the member has chosen to receive optional health insurance coverage.
* Sec. 3. AS 39.35.535 is amended by adding a new subsection to read:
(e) The administrator shall inform members who have requested appointment to retirement that the health insurance coverage available to retired members may be different from the health insurance coverage provided to employees. The administrator shall also notify those members of time limits for selecting optional health insurance coverage and whether the election is irrevocable. A member who has requested appointment to retirement shall indicate in writing on a form provided by the administrator that the member has received the information required by this subsection and whether the member has chosen to receive optional health insurance coverage.
* Sec. 4. In implementing former AS 39.37.145, concerning medical benefits, the administrator shall inform members who have requested appointment to retirement that the health insurance coverage available to retired members may be different from the health insurance coverage provided to employees. The administrator shall also notify those members of time limits for selecting optional health insurance coverage and whether the election is irrevocable. A member who has requested appointment to retirement shall indicate in writing on a form provided by the administrator that the member has received the information required by this subsection and whether the member has chosen to receive optional health insurance coverage.
Chapter 015
Chapter: CH015
Source: CSHB 188(STA)
Action Date: May 8, 1992
Effective Date: May 9, 1992
92
AN ACT
Relating to the issuance of citations and medallions to members of the armed forces serving in the conflict with Iraq; and providing for an effective date.
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* Section 1. MEDALLIONS AND CITATIONS. (a) The Department of Military and Veterans' Affairs shall award a medallion and issue a citation to the following persons who served in the armed forces of the United States during the conflict with Iraq:
(1) Alaska residents as determined by the department by regulation;
(2) persons permanently stationed in Alaska immediately before service in the conflict.
(b) An individual is not eligible for a medallion and citation unless the individual served on active duty in the Persian Gulf and nearby areas, including the Mediterranean, Turkey, and Israel, in response to the conflict.
(c) The department shall contract or otherwise arrange for the minting of the medallions from .999 fine silver in a weight determined by the adjutant general of the department.
(d) The design for the medallion shall be determined in a competition conducted by the department from among Alaska residents. The department shall award $1,000 to the winner.
* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).
Chapter 016
Chapter: CH016
Source: HB 434
Action Date: May 8, 1992
Effective Date: August 6, 1992
92
AN ACT
Relating to special motor vehicle registration plates for veterans and recipients of the Purple Heart.
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* Section 1. AS 28.10.181(p) is amended to read:
(p) Vehicles owned by veterans. The department, upon receipt of written proof that the veteran is a sole or joint owner of a noncommercial motor vehicle, shall issue special registration plates for the [ONE] noncommercial motor vehicle to a requesting person who is a veteran or retired veteran of the armed forces of the United States. The commissioner, after consulting with the director of the division of veterans affairs, shall determine the design and color of the veteran or retired veteran plates.
* Sec. 2. AS 28.10.181(q) is amended to read:
(q) Vehicles owned by recipients of the Purple Heart. The department, upon receipt of written proof that the person is the sole or joint owner of a noncommercial motor vehicle, shall issue special registration plates for the [ONE] noncommercial motor vehicle to a requesting person who has received the Purple Heart medal awarded for wounds suffered in action against an armed enemy or as a result of the hostile action of an armed enemy. The commissioner, after consulting with the director of the division of veterans affairs, shall determine the design and color of the Purple Heart medal recipient plates.
Chapter 017
Chapter: CH017
Source: SB 348
Action Date: May 15, 1992
Effective Date: May 16, 1992
92
AN ACT
Expanding the exempt service to include Department of Corrections physicians; and providing for an effective date.
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* Section 1. AS 39.25.110(13) is amended to read:
(13) physicians licensed to practice in this state and employed by the division of mental health and developmental disabilities in the [,] Department of Health and Social Services or by the Department of Corrections;
* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).
Chapter 018
Chapter: CH018
Source: SB 347
Action Date: May 15, 1992
Effective Date: July 1, 1992
92
AN ACT
Authorizing the Governor's Committee on Employment of People with Disabilities to charge certain fees; and providing for an effective date.
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* Section 1. AS 23.15 is amended by adding a new section to read:
Sec. 23.15.315. FEES. (a) The committee may charge a fee for attendance at a conference, workshop, or similar event conducted by the committee, based on the estimated cost to the committee of organizing and holding the event.
(b) The receipt and expenditure by the committee of fees authorized by this section is subject to AS 23.15.300.
* Sec. 2. This Act takes effect July 1, 1992.
Chapter 019
Chapter: CH019
Source: HB 160
Action Date: May 15, 1992
Effective Date: May 16, 1992
92
AN ACT
Extending the Real Estate Commission in the Department of Commerce and Economic Development; and providing for an effective date.
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* Section 1. AS 08.03.010(c)(21) is amended to read:
(21) Real Estate Commission (AS 08.88.011) - June 30, 1995 [1991];
* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).
