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Chapter 001

CHAPTER: CH001

SOURCE: HB2

Action Date: MARCH 17, 1987

Year: 87

Effective Date: JUNE 15, 1987

AN ACT

Providing for the adoption of the Uniform Simultaneous Death Act.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 13.06.035 is amended to read:

Sec. 13.06.035. EVIDENCE AS TO DEATH OR STATUS. In proceedings under AS 13.06 - AS 13.36 and AS 13.43, the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by AS 13.06 - AS 13.36 or AS 13.43. In addition, the following rules relating to determination of death and status are applicable:

(1) a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the decedent;

(2) a certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report;

(3) a person who is absent for a continuous period of five years, during which the person has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead; the person's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. * Sec. 2. AS 13 is amended by adding a new chapter to read:

CHAPTER 43. UNIFORM SIMULTANEOUS DEATH ACT

Sec. 13.43.010. NO SUFFICIENT EVIDENCE OF SURVIVORSHIP. Except as otherwise provided in this chapter, when the title to property or the devolution of property depends upon priority of death and there is no sufficient evidence that the persons have died other than simultaneously, the property of each person shall be disposed of as if that person had survived.

Sec. 13.43.020. SURVIVAL OF BENEFICIARIES. When two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that the beneficiaries died otherwise than simultaneously, the property disposed of shall be divided into as many equal portions as there are successive beneficiaries and the portions shall be distributed to those who would have taken if each designated beneficiary had survived.

Sec. 13.43.030. JOINT TENANTS OR TENANTS BY THE ENTIRETY. (a) When there is no sufficient evidence that two joint tenants or tenants by the entirety have died other than simultaneously the property held in that manner shall be distributed one-half as if one had survived and one-half as if the other had survived.

(b) When property is held by more than two joint tenants and there is no sufficient evidence that all joint tenants have died other than simultaneously the joint property distributed shall be in the proportion that one bears to the whole number of joint tenants.

(c) In this section, "joint tenants" includes owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others.

Sec. 13.43.040. COMMUNITY PROPERTY. When a husband and wife have died, leaving community property, and there is no sufficient evidence that they have died other than simultaneously, one-half of all the community property shall pass as if the husband had survived and as if that one-half were the husband's separate property, and the other one-half of all the community property shall pass as if the wife had survived and as if that one-half were the wife's separate property.

Sec. 13.43.050. INSURANCE POLICIES. (a) When the insured and the beneficiary in a policy of life or accident insurance that is not community property have died and there is no sufficient evidence that they have died other than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

(b) When a policy of life or accident insurance is community property of the insured and spouse and there is no alternative beneficiary except the estate or personal representatives of the insured, the proceeds shall be distributed as community property under AS 13.43.040.

Sec. 13.43.060. INAPPLICABLE SECTIONS IF DECEDENT PROVIDES OTHERWISE. The provisions of this chapter do not apply in the case of wills, living trusts, deeds, contracts of insurance, or any other situation when provision is made for distribution of property different from the provisions of this chapter, or when provision is made for a presumption as to survivorship that results in a distribution of property different from that provided for under this chapter.

Sec. 13.43.070. UNIFORMITY OF INTERPRETATION. This chapter shall be applied and construed to achieve its general purpose to make uniform the law with respect to the subject of this chapter among those states that enact it.

Sec. 13.43.080. SHORT TITLE. This chapter may be cited as the Uniform Simultaneous Death Act.

* Sec. 3. APPLICABILITY. The provisions of sec. 2 of this Act do not apply to the distribution of the property of a person who died before the effective date of this Act.

Chapter 002

CHAPTER: CH002

SOURCE: SCSCSHB89(FIN)

Action Date: MARCH 17, 1987

Year: 87

Effective Date: MARCH 18, 1987, SECTION 1 IS RETROACTIVE TO SEPTEMBER 1, 1986

AN ACT

Making a special appropriation for disaster relief; appropriating the balance of the budget reserve fund to the general fund; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. The sum of $5,875,000 is appropriated from the budget reserve fund (AS 37.05.156) to the disaster relief fund (AS 44.19.048).

* Sec. 2. The intent of the legislature in enacting sec. 1 of this Act is to ratify a transfer of money from the budget reserve fund to the disaster relief fund that was made under AS 26.23.020(g)(2) and 26.23.050(a). This funding was needed for disaster relief purposes during the North Slope Borough, Cordova, Kotzebue, Matanuska-Susitna Borough, and Kenai Peninsula Borough disasters.

* Sec. 3. The balance of the budget reserve fund (AS 37.05.156) on the effective date of this Act is appropriated to the general fund.

* Sec. 4. Section 1 of this Act is retroactive to September 1, 1986.

* Sec. 5. This Act takes effect immediately under AS 01.10.070(c).

Chapter 003

CHAPTER: CH003

SOURCE: SB122

Action Date: MARCH 31, 1987

Year: 87

Effective Date: APRIL 1, 1987

AN ACT

Relating to the term of office of the student member of the Board of Regents of the University of Alaska; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* SECTION 1. AS 14.40.150(b) is amended to read:

(b) At least one member of the Board of Regents must be a student. The student shall be appointed from a list of nominees submitted to the governor. The governor shall make the appointment from the list within 60 days after it is submitted. The list shall consist of the names of two students from each campus of the University of Alaska after an election is held at each campus. Elections shall be conducted under rules established by the Office of the Governor. The term of office of the regent appointed from the general student body, University of Alaska, is for two years. The term of office begins June 1 of the year in which the appointment is made. An appointment made under AS 14.40.130(d0 shall be for the unexpired term of the original appointee. The term "campus" used in this subsection means a portion of the University of Alaska designated as a "campus" by the Board of Regents. * SEC.2. Notwithstanding AS 14.40.150(b), as amended by Sec. 1 of this act, the term of office of the student member of the Board of Regents of the University of Alaska who is in office on the effective date of this act ends when a successor is appointed. The successor shall be appointed to a term of office to begin no sooner that June 1, 1987, and end May 31, 1989. * SEC. 3. This act takes effect immediately under AS 01.10.070(c).

Chapter 004

CHAPTER: CH004

SOURCE: CSHB68(SA)

Action Date: MARCH 31, 1987

Year: 87

Effective Date: JUNE 29, 1987

AN ACT

Relating to the authority of fire department officers.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 18.70.075 is amended to read:

Sec. 18.70.075. AUTHORITY OF MUNICIPAL FIRE DEPARTMENT OFFICERS AND THEIR PERSONNEL . (a) A fire AN officer of a municipal fire department or a fire department registered under AS 29.60.130 AN AUTHORIZED REPRESENTATIVE , while providing fire protection or other emergency services, has the authority to

(1) control and direct activities at the scene of a fire or emergency;

(2) order a person to leave a building or place in the vicinity of a THE fire or emergency, for the purpose of protecting the person from injury;

(3) blockade a public highway, street, or private right-of-way temporarily while at the scene of a fire or emergency;

(4) trespass upon property at or near the scene of a fire or emergency at any time of the day or night;

(5) enter a building, including a private dwelling, or UPON premises where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, to extinguish FOR THE PURPOSE OF EXTINGUISHING the fire;

(6) enter a building, including a private dwelling, or premises near the scene of a THE fire for the purpose of protecting the building or premises or for the purpose of extinguishing the fire that is in progress in another building or premises;

(7) upon 24-hour notice to the owner or occupant, conduct a prefire planning survey in INSPECT FOR PREPLANNING all buildings, structures, or other places within the municipality or the registered fire department's district, except the interior of a private dwelling, where combustible material is or may become dangerous as a fire menace to the building;

(8) direct the removal or destruction of a fence, house, motor vehicle, or other thing judged THAT THE OFFICER OR AUTHORIZED REPRESENTATIVE MAY JUDGE necessary TO REMOVE OR DESTROY to prevent the further spread of a THE fire.

(b) An owner or occupant of a building or place specified in this section or any other person on the site of a fire or other fire department emergency who refuses to obey the order of a fire AN officer of a municipal or registered fire department OR AN AUTHORIZED REPRESENTATIVE in the exercise of official duties is guilty of a misdemeanor, and upon conviction, is punishable by imprisonment for one year, or by a fine of not more than $1,000, or by both.

(1) "emergency" means a situation in which the services of fire department personnel are necessary or appropriate to protect life, property, or public health;

(2) "prefire planning survey" "INSPECT FOR PREPLANNING" means a limited inspection for the purpose TO CONDUCT LIMITED INSPECTIONS FOR PURPOSES of preparing a fire attack plan in the event of a future emergency , BUT DOES NOT INCLUDE INSPECTIONS FOR PURPOSES OF DETERMINING COMPLIANCE WITH STATUTORY OR MUNICIPAL FIRE CODE REQUIREMENTS .

Chapter 005

CHAPTER: CH005

SOURCE: SB90AMH

Action Date: APRIL 6, 1987

Year: 87

Effective Date: APRIL 7, 1987

AN ACT

Relating to the eligible age for service in the militia of the state; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 26.05.010 is amended to read:

Sec. 26.05.010. ALASKA MILITIA ESTABLISHED. (a) The militia of the state consists of all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, who reside in the state, AND who are at least BETWEEN THE AGES OF 17 AND 59 years of age, INCLUSIVE, and who are eligible for military service under the laws of the United States or this state.

(b) The militia is divided into two classes:

(1) the organized militia, consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Militia, and

(2) the unorganized militia, consisting of all qualified persons available for service but not serving in the organized militia.

* Sec. 2. AS 26.23.230(7) is amended to read:

(7) "unorganized militia" means all ABLE-BODIED persons comprising that component of the militia of the state, as described in AS 26.05.010 BETWEEN THE AGES OF 17 AND 59 YEARS, INCLUSIVE, WHO RESIDE IN THE STATE .

* Sec. 3. This Act takes effect immediately under AS 01.10.070(c)

Chapter 006

CHAPTER: CH006

SOURCE: HCSCSSB4(SA)

Action Date: APRIL 20, 1987

Year: 87

Effective Date: JULY 19, 1987

AN ACT

Relating to outdoor advertising.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 19.25.105(a) is amended to read:

(a) Outdoor NO OUTDOOR advertising may not be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate, primary, or secondary highways in this state except the following:

(1) directional and other official signs and notices which include, but are not limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, which are required or authorized by law, and which shall conform to federal standards for interstate and primary systems;

(2) signs, displays, and devices advertising the sale or lease of property upon which they are located or advertising activities conducted on the property;

(3) signs determined by the state, subject to concurrence of the United States Department of Transportation, to be landmark signs, including signs on farm structures, or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the provisions of this chapter;

(4) directional signs and notices pertaining to schools;

(5) advertising on bus benches or bus shelters if the state determines that the advertising conforms to local, state, and federal standards for interstate and primary highway systems.

Chapter 007

CHAPTER: CH007

SOURCE: HB86

Action Date: APRIL 20, 1987

Year: 87

Effective Date: JULY 19, 1987

AN ACT

Relating to the definition of veteran for purposes of veterans' employment preference rights.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 39.25.150(19)(A) is amended to read:

(A) "veteran" means a person with 181 days or

more active service in the armed forces of the United

States who has been honorably discharged after having

served during any period between April 6, 1917, and

December 1, 1919, between September 16, 1940, and December

31, 1947, or between June 27, 1950, and October 14, 1976

NOVEMBER 7, 1975 ;

Chapter 008

CHAPTER: CH008

SOURCE: CSHB273(JUD)

Action Date: MAY 6, 1987

Year: 87

Effective Date: MAY 7, 1987

AN ACT

Relating to financial institutions; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 06.05.470(t) is amended to read:

(t) The following claims have priority in liquidation proceedings, in the order listed:

(1) obligations incurred by the department;

(2) wages and salaries of officers and employees earned during the three-month period preceding the department's possession in an amount not exceeding $3,000 for each person;

(3) fees and assessments due to the department;

(4) deposits TO THE EXTENT OF $1,000 FOR EACH DEPOSITOR .

* Sec. 2. AS 06.30.065 is amended to read:

Sec. 06.30.065. CORPORATE NAME. The name of every association shall include either the words "Savings Association," "Savings Bank," or "Savings and Loan Association." These words shall be preceded by an appropriate descriptive word or words approved by the commissioner. An ordinal number may not be used as a single descriptive word preceding the words "Savings Association," "Savings Bank," or "Savings and Loan Association," unless the words are followed by the words "o ...........," the blank being filled by the name of the city in which or near which the association has its home office. An ordinal number may be used together with another descriptive word, preceding the words "Savings Association," "Savings Bank," or "Savings and Loan Association," provided the other descriptive word has not been used in the corporate name of any other association in the state, in which case the suffix mentioned above is not required to be used. An ordi-nal number may be used, together with another descriptive word, pre-ceding the words "Savings Association" or "Savings and Loan Association," even when the other descriptive word has been used in the corporate name of an association in the state, provided the suffix "of ............," as provided above, is also used. The suffix provided above may be used in any corporate name. The use of the words "Na-tional," "Federal," "United States," "Insured," "Guaranteed," or any form of these words, separately or in combination with other words or syllables, is prohibited as part of the corporate name of an associa-tion. A NO certificate of incorporation of a proposed association having the same name as a corporation authorized to do business under the laws of this state or a name so nearly resembling it as to be calculated to deceive may not SHALL be issued by the commissioner, except to an association formed by the reincorporation, reorganiza-tion, or consolidation of other associations, or upon the sale of the property or franchise of an association.

* Sec. 3. AS 06.30.070 is amended to read:

Sec. 06.30.070. PROHIBITED USE OF NAMES AND TITLE. Unless authorized to do business in the state under this chapter and actually engaged in carrying on a savings association, a NO person may not SHALL do business under a name or title that WHICH contains the terms "savings association," "savings bank," "savings and loan associ-ation," "building and loan association," "building association," or any combination employing either or both of the words "building" or "loan" with one or more of the words "saving," "savings," "thrift" or words of similar import, or any combination employing one or more of the words "saving," "savings," "thrift" or words of similar import with one or more of the words "association," "bank," "institution," "society," "company," "corporation" or words of similar import, or use a name or sign or circulate or use a letterhead, billhead, circular or paper whatever, or advertise or represent in any manner that WHICH indicates or reasonably implies that the HIS business is the charac-ter or kind of business carried on or transacted by an association or that WHICH is calculated to lead a person to believe that the HIS business is that of an association. Upon application by the commis-sioner or an association, a court of competent jurisdiction may issue an injunction to restrain a person from violating or continuing to violate this section.

* Sec. 4. AS 06.05.470(e) is repealed.

* Sec. 5. This Act takes effect immediately under AS 01.10.070(c)

Chapter 009

CHAPTER: CH009

SOURCE: CSHB132(FIN)AMS

Action Date: MAY 15, 1987

Year: 87

Effective Date: MAY 16, 1987, RETROACTIVE TO JULY 1,1986

AN ACT

Approving and ratifying executive restrictions on the fiscal year 1987 operating budget; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. LEGISLATIVE FINDINGS, PURPOSE, AND INTENT. (a) The legislature finds that

(1) estimated receipts and surpluses will not be sufficient to cover appropriations for fiscal year 1987;

(2) in response to the anticipated deficit, Governor Sheffield issued Administrative Order Number 90 on August 22, 1986, which restricted the rate of obligation or expenditure of a number of appropriations under the authority conferred by AS 37.07.080; Governor Cowper made a similar but more limited reduction in Administrative Order Number 91 on December 8, 1986;

(3) the orders were in response to a fiscal crisis that was facing the state;

(4) the orders have been challenged in court by the Fairbanks North Star Borough and others, and the supreme court has invalidated those orders;

(5) if the restrictions on the one-year appropriations for fiscal year 1987 in Administrative Orders Numbers 90 and 91 are overturned in full or in part, the consequences would impede rational state fiscal management.

(b) It is the purpose of this Act to approve and ratify the orders and the actions taken by the governor and the executive branch under those orders and to remove any uncertainty about the status of the money withheld, insofar as the orders concern the restrictions on one-year appropriations for fiscal year 1987.

(c) In approving the restrictions on the one-year appropriations for fiscal year 1987, the legislature intends that the unobligated portion of those appropriations restricted by Administrative Orders Numbers 90 and 91 lapse in accordance with AS 37.25.010.

* Sec. 2. APPROVAL AND RATIFICATION. The actions of the governor and the executive branch in restricting one-year appropriations for fiscal year 1987 by issuing and implementing Administrative Orders Numbers 90 and 91 as reflected in the budget workbooks submitted to the legislature under AS 37.07.040 and entitled "Operating Budget FY 87 Revised" are approved and ratified.

* Sec. 3. SUSPENSION OF OTHER LAW. The provisions of sec. 2 of this Act are effective notwithstanding the provisions of any other law, including but not limited to AS 37.05.315, 37.05.316, and 37.05.317.

* Sec. 4. This Act is retroactive to July 1, 1986.

* Sec. 5. This Act takes effect immediately under AS 01.10.070(c).

Chapter 010

CHAPTER: CH010

SOURCE: HB90

Action Date: MAY 20, 1987

Year: 87

Effective Date: JULY 1, 1987

AN ACT

Relating to time periods to be used for administering the tax equalization program and the municipal assistance program; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 29.60.010 is amended to read:

Sec. 29.60.010. STATE EQUALIZATION OF TAX RESOURCES FOR MUNICIPAL SERVICES. (a) During each state fiscal year the department shall compute an equalization entitlement for municipal services provided by a taxing unit for payment the following state fiscal year.

(b) The equalization entitlement computed for a taxing unit is based on the population, relative ability to generate revenue, and local tax burden of the taxing unit and is determined by the application of the formula

Entitlement = P x R

where P = population, and

R = millage rate equivalent, determined by dividing the sum of the locally generated revenue of the taxing unit by one-tenth of one percent of the full and true value of assessed property of the taxing unit determined under AS 29.60.030(d); however, the per capita property value used under this subsection may not be less than 15 percent of the statewide average per capita full and true assessed property value.

(1) includes

(A) the actual revenue derived from the levy

and collection of local taxes in the taxing unit for

municipal services DURING THE PRECEDING FISCAL YEAR OF

THE TAXING UNIT ;

(B) motor vehicle payments received by the

municipality DURING THE PRECEDING FISCAL YEAR under

AS 28.10.431;

penalties, licenses, or permits received DURING THE

PRECEDING FISCAL YEAR by the municipality for a function

or service over which it has control, including revenues

derived from parks and recreation services, mass transit,

offstreet parking, and garbage and solid waste disposal

services;

(D) special assessments received DURING THE

PRECEDING FISCAL YEAR ; and

(E) payments received by a municipality from a

utility that are in place of taxes levied and collected by

the municipality;

(2) excludes

(A) revenue derived from the levy and

collection of municipal taxes and appropriated for the

operating expenses and debt service of utilities;

(B) revenue from interest earned on investments

and from the sale and lease of land or equipment; and

derived;

(3) is calculated on the basis of the actual revenue received during the fiscal year of the taxing unit preceding the year in which the department's determination of the millage rate equivalent is made under AS 29.60.030.

* Sec. 2. AS 29.60.030(a) is amended to read:

(a) The department may require a municipality to return a certification, signed by the municipal treasurer or manager and the mayor, that provides an estimate of the locally generated revenue received by the municipality during its THE PRECEDING fiscal year preceding the year in which the department's determination of the millage rate equivalent is made under (c) of this section.

* Sec. 3. AS 29.60.030(c) is amended to read:

(c) As early as possible, but not later than January DECEMBER 15 of each year, the department shall make a FINAL determination of the millage rate equivalent of each taxing unit to use to compute and distribute equalization entitlements under AS 29.60.010 - 29.60.080 for the following state fiscal year. The department shall base the determination on audits, financial statements, and other financial reports prepared and submitted by a municipality. The department shall adjust the locally generated revenue reported by a municipality to exclude the municipal revenue claimed that does not qualify for inclusion in or recognition as locally generated revenue for municipal purposes under AS 29.60.010-(c)(1). The adjustment must SHALL be made by deducting from total revenue claimed by the municipality the amount of the department's estimate of revenue that is not recognized for municipal purposes.

* Sec. 4. AS 29.60.040 is amended to read:

Sec. 29.60.040. REPORTS. A payment of an equalization entitlement may not be made to a municipality under AS 29.60.010 - 29.60.080 until the municipality has submitted its certificate of estimated revenue and its financial report to the department for the municipal fiscal year preceding the year in FOR which the department's determination of the millage rate equivalent is made under AS 29.60.030 EQUALIZATION ENTITLEMENT IS SOUGHT , together with the municipality's A budget for the MUNICIPALITY'S CURRENT fiscal year for which an entitlement is sought. The financial report must SHALL include a listing of general revenue collected from taxes levied and assessed and any other revenue that, in the opinion of the municipal officials, is eligible for inclusion in computations of the locally generated revenue of the taxing unit.

* Sec. 5. AS 29.60.290(a) is amended to read:

(a) A municipality qualifying for an entitlement under AS 29.60.010 - 29.60.080 or 29.60.100 - 29.60.180 shall receive a minimum payment of $25,000 plus an area cost-of-living differential for each fiscal year if

(1) the municipality has conducted a regular election during the state fiscal year preceding the year in FOR which the department's determination of the municipality's millage rate equivalent is made under AS 29.60.030 PAYMENT OF AN ENTITLEMENT IS AUTHORIZED BY AS 29.60.010 - 29.60.080 OR 29.60.100 - 29.60.180 and has reported the results of the election to the commissioner;

(2) regular meetings of the governing body are held in the municipality during the state fiscal year preceding the year in FOR which the department's determination of the municipality's millage rate equivalent is made under AS 29.60.030 PAYMENT OF AN ENTITLEMENT IS AUTHORIZED BY AS 29.60.010 - 29.60.080 OR 29.60.100 - 29.60.180 and a record of the proceedings is maintained;

(3) a municipal budget has been adopted for the fiscal year during which payment of an entitlement is authorized by AS 29.60.010 - 29.60.080 or 29.60.100 - 29.60.180 and an audit or financial statement for the PRECEDING fiscal year preceding the year in which the department's determination of the municipality's millage rate equivalent is made under AS 29.60.030 has been prepared and furnished to the department in accordance with AS 29.20.640(a); and

(4) local ordinances adopted by the municipality have been codified in accordance with AS 29.25.050.

* Sec. 6. AS 29.60 is amended by adding a new section to read:

Sec. 29.60.310. TIME OF PAYMENT. The department shall make payments under AS 29.60.010 - 29.60.300 no later than July 31, based upon the entitlement calculations made during the preceding fiscal year.

* Sec. 7. AS 29.60.350(b) is amended to read:

(b) The department shall distribute money from the municipal assistance fund to each municipality on an annual basis as provided in AS 29.60.360 and 29.60.370. A municipality may not receive payment until it submits to the department a resolution approved by the governing body of the municipality that requests the money. Distribution of money from the municipal assistance fund to all municipalities must A MUNICIPALITY WITH A FISCAL YEAR BEGINNING ON JANUARY 1 SHALL be made on February 1 of the state fiscal year for which the appropriation to the fund is made. DISTRIBUTION OF MONEY FROM THE MUNICIPAL ASSISTANCE FUND TO ALL OTHER MUNICIPALITIES SHALL BE MADE ON JUNE 1 OF THE STATE FISCAL YEAR FOR WHICH THE APPROPRIATION TO THE FUND IS MADE. A municipality that incorporates after December 31 of a state fiscal year is not eligible for a distribution under this section until the following state fiscal year.

* Sec. 8. AS 29.60.030(b) is repealed.

* Sec. 9. Notwithstanding secs. 1 - 8 of this Act, the Department of Community and Regional Affairs and municipalities seeking payment under AS 29.60.010 - 29.60.375 for the state fiscal year ending June 30, 1988, shall follow the procedures set out in those sections before amendment by this Act. The Department of Community and Regional Affairs shall follow the deadlines and procedures established by this Act for the state fiscal year ending June 30, 1989.

* Sec. 10. This Act takes effect July 1, 1987.

Chapter 011

CHAPTER: CH011

SOURCE: HCSCSSB78(JUD)

Action Date: MAY 29, 1987

Year: 87

Effective Date: AUGUST 27, 1987

AN ACT

Relating to unauthorized use of handicapped parking.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 28.10.495(b) is amended to read:

(b) A person is not entitled to use the special permit provided for in (a) of this section except when providing transportation for the disabled or handicapped person with respect to whom the permit was issued. Upon the death of the disabled or handicapped person, the special permit shall be returned to the department.

* Sec. 2. AS 28.35 is amended by adding a new section to read:

Sec. 28.35.235. UNAUTHORIZED USE OF HANDICAPPED PARKING. (a) A person may not park a motor vehicle in a parking place reserved for disabled or medically handicapped persons unless

(1) the person has a special permit issued by the department under AS 28.10.495;

(2) the motor vehicle displays a special license plate issued to disabled or handicapped persons under AS 28.10.181(d); or

(3) the motor vehicle displays a special license plate or permit issued to disabled or handicapped persons by another state, province, territory, or country.

(b) A person who violates this section is guilty of an infraction. Upon conviction the court shall impose a fine of not less than $100.

Chapter 012

CHAPTER: CH012

SOURCE: CSHB193(JUD)(TITLEAM)

Action Date: MAY 29, 1987

Year: 87

Effective Date: JULY 27, 1987

AN ACT

Relating to the sale of lease interests in inherited remote parcels.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 38.09.100 is amended by adding a new subsection to read:

(c) Notwithstanding the provisions of former AS 38.05.077 and 38.05.078, the heirs or devisees of a deceased lessee of a remote parcel may sell their interest in the lease of the remote parcel. The sellers shall notify the commissioner of the sale.

Chapter 013

CHAPTER: CH013

SOURCE: HB87

Action Date: MAY 29, 1987

Year: 87

Effective Date: MAY 30, 1987

AN ACT

Relating to the authority of the commissioner of natural resources over shell eggs; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 03.05.010(a) is amended to read:

(a) The commissioner of natural resources shall

(1) direct, administer, and supervise promotional and experimental work, extension services, and agricultural projects for the purpose of promoting and developing the agricultural industry within the state including such fields as horticulture, dairying, cattle raising, fur farming, grain production, vegetable production, and development of other agricultural products;

(2) procure and preserve all information pertaining to the development of the agricultural industry and disseminate that information to the public;

(3) assist prospective settlers and others desiring to engage in the agricultural industry in the state with information concerning areas suitable for agriculture and other activities and programs essential to the development of the agricultural industry in the state;

(4) review the marketing, financing, and development of agricultural products inside the state including transportation, with special emphasis upon local production, and negotiate for the marketing of agricultural products of the state with federal and state agencies operating in the state; and

(5) regulate and control the entry into the state and the transportation, sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries, nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and agricultural chemicals in order to prevent the spread of pests, diseases, or toxic substances injurious to the public interest, and to protect the ag-ricultural industry against fraud, deception, and misrepresentation; in this connection the commissioner may require registration, inspection, and testing, and establish procedures and fees.

* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).

Chapter 014

CHAPTER: CH014

SOURCE: HCSCSSB107(JUD)

Action Date: MAY 29, 1987

Year: 87

Effective Date: SEE CHAPTER

AN ACT

Making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date.

------

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 04.16.010(c) is amended to read:

(c) A licensee, an agent, or employee may not permit a person to enter and a person may not enter premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day. This sub-section does not apply to common carriers , AS DEFINED IN AS 42.10.420(2), or to an employee of the licensee who is on the premises to prepare for the next day's business. A person may enter or remain on the premises of a bona fide restaurant or eating place licensed under this title to consume food or nonalcoholic beverages.

* Sec. 2. AS 06.25.085 is amended to read:

Sec. 06.25.085. APPLICATION OF GENERAL BANKING LAWS. The provisions of AS 06.05.005 - 06.05.085, 06.05.090, 06.05.270, 06.05.307, 06.05.320 - 06.05.327, 06.05.405 - 06.05.425, 06.05.440 - 06.05.445, 06.05.462, 06.05.465 - 06.05.510, 06.05.465 - 06.05.515 and 06.05.525 - 06.05.545 apply to all trust companies engaged in any phase of the business of banking as that term is defined by AS 06.05.540(3) or AS 06.25.100.

* Sec. 3. AS 06.30.720 is amended to read:

Sec. 06.30.720. PETITION BY COMMISSIONER. The commissioner, acting through the attorney general, may apply to the superior court for the appointment of a receiver, if in the HIS judgment of the commissioner the public interest requires it and EITHER

(1) irregularities complained of in an order of the commissioner under AS 06.01.030 AS PROVIDED IN SEC. 660 OF THIS

CHAPTER are not corrected; , OR

(2) irregularities complained of in a petition for the appointment of a conservator are not corrected; , or

(3) an IN THE CASE OF ANY emergency exists

* Sec. 4. AS 08.03.010(a) and 08.03.010(b) are repealed.

* Sec. 5. AS 08.04.500(a) is amended to read:

(a) A person may not assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that person is a certified public accountant, unless the person has received a certificate, holds a live permit ISSUED UNDER AS 08.04.390 - 08.04.440, HEREINAFTER REFERRED TO AS A "LIVE" PERMIT , and all of the person's offices in this state for the practice of public accounting are maintained and registered as required by AS 08.04.350 - 08.04.380.

* Sec. 6. AS 08.04.510(b) is amended to read:

(b) A partnership or corporation of certified public accountants in good standing in any state, not registered as a partnership or corporation of certified public accountants under AS 08.04.240 AND 08.04.250 but holding a permit under AS 08.04.420, may use the title or designation "certified public accountants."

* Sec. 7. AS 08.04.680 is amended to read:

Sec. 08.04.680. DEFINITIONS. In this chapter AS USED IN AS 08.04.010 - 08.04.690

(1) "board" means the Board of Public Accountancy;

(2) "certificate" means certificate as a certified public accountant;

(3) "license" means license as a public accountant;

(4) "live permit" means a permit issued under AS 08.04.390 - 08.04.430 REPEALED .

* Sec. 8. AS 08.62.020 is amended to read:

Sec. 08.62.020. APPOINTMENT AND TERM OF OFFICE. The governor shall appoint the pilot and agent or manager members of the board, subject to confirmation by a majority of the members of the legislature in joint session, for terms of four years, or until their successors are appointed. A THE FIRST MEMBERS SHALL BE INITIALLY APPOINTED FOR ONE, TWO, THREE AND FOUR YEAR TERMS. NO person, with the exception of the commissioner or the commissioner's designee, may not be appointed to the board for more than two consecutive terms.

* Sec. 9. AS 08.62.180 is amended to read:

Sec. 08.62.180. EXEMPTIONS. This chapter does not apply to

(1) vessels under enrollment, except as provided in AS 08.62.185;

(2) fishing vessels registered in the United States or in British Columbia, Canada;

(3) vessels propelled by machinery and not more than 65 feet in length over deck, except tugboats and towboats propelled by steam MOTORBOATS AS DEFINED IN SEC. 1 OF THE FEDERAL MOTOR BOAT ACT OF 1940 (54 STAT. 163; 46 U.S.C., SEC. 526 ET SEQ.) ;

(4) vessels of United States registry of less than 300 gross tons and tow boats of United States registry and vessels owned by the State of Alaska, engaged exclusively

(A) on the rivers of Alaska, or

(B) in the coastwise trade on the west coast of

the United States including Alaska, Hawaii, and British

Columbia, Canada;

(5) vessels of Canada, including Canadian cruise ships, engaged in frequent trade between British Columbia and Alaska, if reciprocal exemptions are granted by Canada to vessels owned by the State of Alaska and those of United States registry; and

(6) pleasure craft.

* Sec. 10. AS 08.64.205 is amended to read:

Sec. 08.64.205. QUALIFICATIONS FOR OSTEOPATH APPLICANTS. Each osteopath applicant shall meet the qualifications prescribed in AS 08.64.200(4) and (5) AS 08.64.200(1), (4) AND (5) and shall

(1) submit a certificate of graduation from the legally chartered school of osteopathy approved by the board;

(2) submit a certificate from a hospital approved by the American Medical Association or the American Osteopathic Association which certifies that the osteopath has satisfactorily completed and performed the duties of intern or resident physician for one year;

(3) take the examination required by AS 08.64.210 or be certified to practice by the National Board of Examiners for Osteopathic Physicians and Surgeons.

* Sec. 11. AS 08.64.209(a) is amended to read:

(a) Each applicant who desires to practice podiatry shall meet the qualification QUALIFICATIONS prescribed in AS 08.64.200(4) AS 08.64.200(1) AND (4) and shall

(1) submit a certificate of graduation from a legally chartered school of podiatry approved by the board;

(2) take the examination required by AS 08.64.210; the State Medical Board shall call to its aid a podiatrist of known ability who is licensed to practice podiatry to assist in the examination and licensure of applicants for a license to practice podiatry;

(3) meet other qualifications of experience or education which the board may require.

* Sec. 12. AS 08.64.225 is amended to read:

Sec. 08.64.225. FOREIGN MEDICAL GRADUATES. Applicants who are graduates of medical colleges not accredited by the American Medical Association or one of its agencies shall meet the requirements of AS 08.64.200(3), (4) and (5) AS 08.64.200(1), (3), (4) AND (5) and must have passed an examination and be certified by the Education Council on Foreign Medical Graduates, or be licensed by examination in another state or territory of the United States or province of Canada.

* Sec. 13. AS 08.64.272 is amended to read:

Sec. 08.64.272. RESIDENCY AND INTERNSHIP. For the limited purpose of doing residency or internship work, the board may issue a temporary permit to an applicant without examination if the applicant meets the requirement REQUIREMENTS of AS 08.64.200(2) AS 08.64.200(1) AND (2) , pays the required fee, and has been accepted by an eligible institution in the state for the purpose of doing residency or internship work.

* Sec. 14. AS 08.88.500 is repealed.

* Sec. 15. AS 09.17.080(a) is amended to read:

(a) In all actions involving fault of more than one party to the action, including third-party defendants and persons who have been released under AS 09.16.040 AS 09.17.090 , the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating

(1) the amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and

(2) the percentage of the total fault of all of the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability under AS 09.16.040 AS 09.17.090 .

* Sec. 16. AS 09.17.080(c) is amended to read:

(c) The court shall determine the award of damages to each claimant in accordance with the findings, subject to a reduction under AS 09.16.040 AS 09.17.090 , and enter judgment against each party liable. The court also shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault.

* Sec. 17. AS 09.17.090 is repealed.

* Sec. 18. AS 09.38.115(b) is amended to read:

(b) The dollar amounts change on October JULY 1 of each even-numbered year if the percentage of change, calculated to the nearest whole percentage point, between the index for January NOVEMBER of that THE PRECEDING year and the most recent REFERENCE BASE index used to change the exemption amount, is 10 percent or more, but

(1) the portion of the percentage change in the index in excess of a multiple of 10 percent is disregarded and the dollar amounts change only in multiples of 10 percent of the amounts appearing in this chapter on August 26, 1982; and

(2) the dollar amounts do not change if the amounts required by this section are those currently in effect as a result of earlier application of this section.

* Sec. 19. AS 09.38.115(d) is amended to read:

(d) The Department of Labor shall adopt a regulation announcing

(1) on or before June APRIL 30 of each year in which dollar amounts are to change, the changes in dollar amounts required by (b) of this section; and

(2) promptly after the changes occur, changes in the index required by (c) of this section, including, if applicable, the numerical equivalent of the reference base index under a revised reference base index and the designation or title of any index superseding the index.

* Sec. 20. AS 11.66.280(4) is amended to read:

(4) "gambling enterprise" means a gambling business that WHICH

(A) includes five or more persons who conduct,

finance, manage, supervise, direct, or own all or part of

the business;

(B) has been or remains in substantially

continuous operation for a period in excess of 30 days or

has a gross income of $2,000 or more in any single day;

and

organization under AS 05.15.210 AS 05.15.210(15) , except

that, for purposes of this paragraph, no application for a

license under AS 05.15 AS 05.15.210(15) is required to

be considered a qualified organization;

* Sec. 21. AS 14.07.058(f) is repealed.

* Sec. 22. AS 14.17.140(b) is amended to read:

(b) Motor vehicles subject to the motor vehicle registration tax under AS 28.10.431 AS 28.10.255 shall be treated as taxable property for purposes of (a) of this section.

* Sec. 23. AS 14.20.420(a) is amended to read:

(a) The term of office for each member of the commission is three years and until a successor is appointed , EXCEPT THAT MEMBERS OF THE FIRST COMMISSION SHALL BE APPOINTED AS FOLLOWS: THREE MEMBERS FOR ONE YEAR, THREE MEMBERS FOR TWO YEARS, AND THREE MEMBERS FOR THREE YEARS. MEMBERS OF THE FIRST COMMISSION SHALL DRAW BY LOT FOR THE INITIAL TERM OF APPOINTMENT .

* Sec. 24. AS 14.42.030(b) is amended to read:

(b) The commission shall

(1) develop a comprehensive statewide plan for coordinated postsecondary education in the state and serve as the state commission on postsecondary education required under sec. 1202 of Title XII of the Higher Education Act of 1965, as amended by the Education Amendments of 1972 (PL 92-318, sec. 196; 86 Stat. 324);

(2) establish a state advisory council on community colleges and develop a comprehensive statewide plan for the expansion and improvement of the community colleges under sec. 1001 of Title X of the Higher Education Act of 1965, as amended by the Education Amendments of 1972 (PL 92-318, sec. 186; 86 Stat. 312, 313);

(3) serve as the state agency required under secs. 105 of Title I (Community Service and Continuing Education), 603 of Title VI (Financial Assistance for Undergraduate Education), AND 704 of Title VII (Construction of Academic Facilities), and Part B of Title IV (Guaranteed Student Loan Program) of the Higher Education Act of 1965 (PL 89-329; 79 Stat. 1220, 1262; 20 U.S.C. 1005, 1123) as authorized by sec. 1202(c) of Title XII of the Higher Education Act of 1965, as amended by the Education Amendments of 1972 (PL 92-318, sec. 196; 86 Stat. 324);

(4) administer the provisions of AS 14.43.090 - 14.43.160 (student loan program), and serve as the student financial aid committee;

(5) administer the provisions of AS 14.48 (regulation of postsecondary educational institutions);

(6) resolve any disputes that exist or arise under a consortium or other cooperative agreement between institutions of public and private higher education in the state.

* Sec. 25. AS 15.13.100 is amended to read:

Sec. 15.13.100. EXPENDITURES BEFORE FILING. A NO political campaign expenditure may not be made or incurred by a person in an election or by a person or group with the person's HIS knowledge and on the person's HIS behalf before the date upon which the person HE OR SHE files for nomination for the office which the person seeks, except for personal travel expenses or for opinion surveys or polls. These expenditures must SHALL BE CHARGED AGAINST THE SPENDING LIMITATION THAT APPLIES TO THE OFFICE FOR WHICH HE SUBSEQUENTLY FILES, AND SHALL be included in the first report required under this chapter after filing for office.

* Sec. 26. AS 15.13.120(a)(2) is amended to read:

(2) making a campaign contribution that OR EXPENDITURE WHICH exceeds the limitations of AS 15.13.070 AS 15.13.070(f) .

* Sec. 27. AS 16.05.390(b) is amended to read:

(b) Each agent authorized to sell licenses or tags under AS 16.05.380 shall, as directed by the commissioner of revenue, transmit the proceeds from the sales of licenses and tags, except the amount authorized to be retained, together with a report of the sales, to the commissioner for deposit in the fish and game fund or the general fund. FEES IMPOSED UNDER AS 16.05.340(e) SHALL BE COLLECTED AND TRANSMITTED IN THE SAME MANNER.

* Sec. 28. AS 16.05.430(a) is amended to read:

(a) A person who violates AS 16.05.330 - 16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.

* Sec. 29. AS 16.05.860 is amended to read:

Sec. 16.05.860. PENALTY FOR VIOLATING FISHWAY AND HATCHERY REQUIREMENTS. (a) The owner of a dam or obstruction who fails to comply with AS 16.05.840 or 16.05.850 or a regulation adopted under AS 16.05.840 or 16.05.850 within a reasonable time specified by written notice from the commissioner is guilty of a misdemeanor, and is punishable by a fine of not more than $1,000. Each day the owner fails to comply constitutes a separate offense.

(b) In addition to the fine, the dam or other obstruction managed, controlled, or owned by a person violating AS 16.05.840 or 16.05.850 or a regulation adopted under AS 16.05.840 or 16.05.850 is a public nuisance and is subject to abatement.

* Sec. 30. AS 16.05.925 is amended to read:

Sec. 16.05.925. PENALTY FOR VIOLATIONS. Except as provided in AS 16.05.430, 16.05.720, 16.05.831, and 16.05.860, a A person who violates AS 16.05.920, or a regulation adopted under this chapter or AS 16.20, is guilty of a class A misdemeanor. HOWEVER, A PERSON WHO VIOLATES A REGULATION ADOPTED UNDER THIS

CHAPTER FOR THE REGULATION OF COMMERCIAL FISHERIES IS SUBJECT TO THE PENALTIES SET OUT IN AS 16.05.720

* Sec. 31. AS 16.10.470(b) is amended to read:

(b) A person who holds a permit for the operation of a salmon hatchery under AS 16.10.400 - 16.10.470 and each regional association levying a voluntary ROYALTY assessment under AS 16.10.540 AS 16.10.530 shall submit an annual financial report to the Department of Commerce and Economic Development on a form to be provided by the Department of Commerce and Economic Development.

* Sec. 32. AS 16.10.475 is repealed.

* Sec. 33. AS 16.10.540 is amended to read:

Sec. 16.10.540. VOLUNTARY ASSESSMENT ON SALE OF SALMON. (a) An IN PLACE OF OR IN ADDITION TO AN ASSESSMENT LEVIED UNDER AS 16.10.530, AN association of persons who hold entry permits under AS 16.43, which consists of at least 51 percent of the persons holding entry permits and actively participating in a fishery to be benefited by a hatchery program, may levy and collect an assessment from among its members for the purpose of securing and repaying a loan made under AS 16.10.510.

(b) Upon satisfactory demonstration to the commissioner that an assessment levied under this section may reasonably be relied upon to secure and repay a loan to be made under AS 16.10.510, the commissioner may make the loan WITHOUT REQUIRING AN ASSESSMENT UNDER AS 16.10.530 .

(c) IF AN ASSESSMENT MADE UNDER THIS SECTION FAILS TO SATISFY THE PAYMENTS REQUIRED ON THE PRINCIPAL AND INTEREST DUE ON THE LOAN THE COMMISSIONER MAY NEGOTIATE WITH THE REGIONAL ASSOCIATION TO LEVY AN ASSESSMENT UNDER AS 16.10.530.

* Sec. 34. AS 16.30.030(3) is repealed.

* Sec. 35. AS 16.43.030(a) is amended to read:

(a) The members of the commission shall be appointed for terms of four years. INITIAL APPOINTMENTS SHALL BE AS FOLLOWS: ONE MEMBER FOR TWO YEARS, ONE MEMBER FOR THREE YEARS, AND ONE MEMBER FOR FOUR YEARS.

* Sec. 36. AS 16.43.182 is repealed.

* Sec. 37. AS 16.43.980(b) is repealed.

* Sec. 38. AS 18.55.570(c) is amended to read:

(c) Bonds and notes of the authority issued under AS 18.55.480 - 18.55.960 shall be authorized by its resolution and may be issued in one or more series and shall bear the date or dates, be payable upon demand or mature at the time or times, bear interest at the rate or rates provided FOR BONDS AND NOTES OF THE AUTHORITY UNDER AS 18.55.190 , be in the denomination or denominations, be in the form either coupon or registered, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption, with or without premium, which the resolution, its trust indenture or mortgage provides.

* Sec. 39. AS 18.56.900(9) is amended to read:

(9) "mortgage" or "mortgage loan" means a mortgage loan for residential housing insured or guaranteed by the United States or an instrumentality of the United States or for which there is a commitment by the United States or an instrumentality of the United States to insure or guarantee such a mortgage, or if not so insured or guaranteed or if there is no such commitment, that is WHICH THE CORPORATION DETERMINES MEETS THE CONDITIONS DESCRIBED IN AS 18.56.100(k) OR WHICH SHALL BE secured upon such terms and conditions as the corporation considers necessary or practicable to insure all repayments;

* Sec. 40. AS 18.67.101 is amended to read:

Sec. 18.67.101. INCIDENTS AND OFFENSES TO WHICH AS 18.67.010 - 18.67.180 APPLY. The board may order the payment of compensation in accordance with the provisions of this chapter for personal injury or death that resulted from

(1) an attempt on the part of the applicant to prevent the commission of crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police officer to do so, or aiding a victim of crime; or

(2) the commission or attempt on the part of one other than the applicant to commit any of the following offenses: murder in any degree, manslaughter, criminally negligent homicide, assault in the first or second degree, kidnapping, sexual assault in any degree, sexual abuse of a minor, robbery in any degree, CONTRIBUTING TO THE DELINQUENCY OF A MINOR UNDER AS 11.51.130(a)(4), threats to do bodily harm, or driving while intoxicated or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is intoxicated.

* Sec. 41. AS 21.09.210(b) is amended to read:

(b) Each insurer, and each formerly authorized insurer with respect to premiums received while an authorized insurer in this state, shall pay tax on the total direct premium income received during the year ending on the preceding December 31 and paid for the insurance of property or risks resident or located in the state other than wet marine and transportation insurance, after deducting from the total direct premium income the applicable cancellations, returned premiums, the unabsorbed portion of any deposit premium, all policy dividends, unabsorbed premiums refunded to policyholders, refunds, savings, savings coupons and other similar returns paid or credited to policyholders with respect to their policies. No deductions may be made of cash surrender value of policies. Considerations received on annuity contracts are not included in the direct premium income and are not subject to tax. The tax shall be paid to the director annually before April 1, and , EXCEPT AS PROVIDED IN AS 21.69.390(c), is computed at the rate of

(1) for domestic and foreign insurers, except hospital and medical service corporations, 2.7 percent;

(2) for hospital and medical service corporations, six percent of their gross premiums less claims paid.

* Sec. 42. AS 21.69.390(c) is repealed.

* Sec. 43. The revisor of statutes shall substitute "director" for "commissioner" where the latter appears in the following provisions of AS 21.80 (Alaska Guaranty Association Act): AS 21.80.050(a) and (b); 21.80.060(a)(5) and (6); 21.80.070(a), (c)(7) and (8), and (d); 21.80.080; 21.80.110; 21.80.120; 21.80.150; and 21.80.170(a) and (b).

* Sec. 44. AS 21.80.170(c) is amended to read:

(c) If the operation of the Alaska Insurance Guaranty Association is terminated as to all kinds of insurance otherwise within its scope, the association, as soon as possible thereafter, shall distribute the balance of money and assets remaining after discharge of the functions of the association with respect to prior insurer insolvencies not covered by the other plan, together with related expenses, to the insurers which are then writing in this state policies of the kinds of insurance covered by this chapter and which had made payments to the association, pro rata upon the basis of the aggregate of the payments made by the respective insurers during the period of five years next preceding the date of the termination order. Upon completion of this distribution with respect to all of the kinds of insurance covered by this chapter, the director shall certify that fact to the legislature together with the director's recommendations for the amendment or repeal of this chapter SHALL BE CONSIDERED TO HAVE EXPIRED .

* Sec. 45. AS 21.80.180(5) is amended to read:

(5) "insolvent insurer" means an insurer

(A) authorized to transact insurance in this

state, except an assessable reciprocal insurer formed by

and insuring only municipalities or nonprofit public

utilities, a reciprocal insurer formed under AS 21.75 to

provide marine insurance, a joint insurance arrangement

formed under AS 21.76, and the Medical Indemnity

Corporation of Alaska, AND THE HEALTH CARE PROVIDERS

JOINT UNDERWRITING ASSOCIATION ESTABLISHED UNDER

AS 21.88, either at the time the policy was issued or

when the insured event occurred, and

(B) determined to be insolvent by a court of

competent jurisdiction;

* Sec. 46. AS 21.80.180(6) is amended to read:

(6) "member insurer" means a person, except an assessable reciprocal insurer formed by and insuring only municipalities or nonprofit public utilities, a reciprocal insurer formed under AS 21.75 to provide marine insurance, a joint insurance arrangement formed under AS 21.76, and the Medical Indemnity Corporation of Alaska, AND THE HEALTH CARE PROVIDERS JOINT UNDERWRITING ASSOCIATION ESTABLISHED UNDER AS 21.88, who

(A) writes insurance to which this chapter

applies under AS 21.80.020 including the exchange of

reciprocal or inter-insurance contracts, and

(B) is licensed to transact insurance in the

state;

* Sec. 47. AS 22.15.240(c) and 22.15.240(d) are repealed.

* Sec. 48. AS 24.45.116 is amended to read:

Sec. 24.45.116. DISCLOSURE OF CONTRIBUTIONS. A BEFORE A CIVIC LEAGUE OR ORGANIZATION MAY BE ELIGIBLE FOR THE BENEFITS OF AS 43.20.031(f), IT MUST AGREE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION. THE civic league or organization shall report the total amount of contributions received for the reporting period and for any contribution over $100, the name of the contributor and the amount contributed. The civic league or organization may establish a separate fund to account for receipts and expenditures arising out of activities to influence legislative action. Reports shall be made on a form provided by the commission on February 10, April 25, and July 10 of each year, listing contributions received during the period that ended 10 days earlier.

* Sec. 49. AS 29.10.200(43) is amended to read:

(43) AS 29.45.700(d) (sales and use tax) AS 29.45.700(a) (POWER OF LEVY)

* Sec. 50. AS 29.45.230(e) is amended to read:

(e) In this section "disaster" means a major disaster declared by the President of the United States under THE PROVISIONS OF 42 U.S.C. SEC. 1855 - 1855g (FEDERAL DISASTER ACT OF 1950), OR OTHER federal law , or a disaster declared by the governor under AS 26.23.010 - 26.23.110.

* Sec. 51. AS 29.45.700(a) is amended to read:

(a) A city in a borough that levies and collects areawide sales and use taxes may levy sales and use taxes on all sources taxed by the borough in the manner provided for boroughs. Except as provided in (d) of this section, the THE assembly may by ordinance authorize a city to levy and collect sales and use taxes on other sources EXCEPT PURCHASES MADE WITH FOOD COUPONS, FOOD STAMPS, OR OTHER TYPE OF CERTIFICATE ISSUED UNDER 7 U.S.C. 2011 - 2025 (FOOD STAMP ACT). THIS SUBSECTION APPLIES TO HOME RULE AND GENERAL LAW MUNICIPALITIES .

* Sec. 52. AS 29.45.700 is amended by adding a new subsection to read:

(d) A city that levies and collects sales and use taxes under (a) of this section may not levy and collect a sales tax on a purchase made with food coupons, food stamps, or other type of certificate issued under 7 U.S.C. 2011 - 2025 (Food Stamp Act). This subsection applies to home rule and general law municipalities.

* Sec. 53. Sections 49, 51, and 52 of this Act are retroactive to October 1, 1986.

* Sec. 54. AS 33.30 is amended by adding a new section to read:

Sec. 33.30.026. CONTRACTS. Contracting for services under this chapter is governed by AS 36.30 (State Procurement Code).

* Sec. 55. AS 33.30.031(c) is amended to read:

(c) Notwithstanding AS 36.30.300 AS 37.05.230(1)(B) , an agreement with a private agency to provide necessary facilities under (a) of this section must be based on competitive bids.

* Sec. 56. AS 35.15.060 is repealed.

* Sec. 57. AS 35.27.030(1) and AS 35.30.040(1) are repealed.

* Sec. 58. AS 36.25.020(c) is amended to read:

(c) A suit brought under this section shall be brought in the name of the state or the political subdivision of the state for the use of the person suing in the SUPERIOR court with jurisdiction. A suit under this section is subject to AS 08.18.151. A NO suit may not be started after the expiration of one year after the date of final settlement of the contract. The state or political subdivision of the state is not liable for costs or expenses of the suit.

* Sec. 59. AS 36.30.730 is amended by adding a new subsection to read:

(f) The commissioner shall separately account for fees collected under (c) and (d) of this section and deposited in the general fund. The annual estimated balance in the account may be used by the legislature to make appropriations to the department to carry out the purposes of (c) and (d) of this section.

* Sec. 60. AS 36.30.900 is amended to read:

Sec. 36.30.900. PREFERENCE FOR ALASKA PRODUCTS. This chapter does not modify, amend, or alter AS 36.15.010 and 36.15.020 regarding preference for Alaska forest products, or AS 36.15.050 and 36.15.060 regarding preference for Alaska agricultural and fisheries products AS 36.20.010 REGARDING PREFERENCE TO PRODUCERS OR DEALERS IN ALASKA except as provided in AS 36.30.170(b) and (c).

* Sec. 61. AS 36.90.050(b) is amended to read:

(b) The competitive bid provisions of AS 36.30 AS 37.05.230 AND THE COMPETITIVE BIDDING PROVISIONS OF ANY OTHER LAW do not apply to a contract for the maintenance or repair of a marine vessel owned by the state if the contract is awarded to a facility in the state.

* Sec. 62. AS 37.05.157, 37.05.158, and AS 37.07.062(c)(4) are repealed.

* Sec. 63. AS 37.10.088(b) is amended to read:

(b) The UNTIL JUNE 30, 1980, THE TOTAL OF ADVANCES IN ANY FISCAL YEAR MAY NOT EXCEED 20 PER CENT OF THE TOTAL OF GRANTS AND CONTRACTS FROM FEDERAL AND PRIVATE SOURCES APPROPRIATED TO THE UNIVERSITY FOR THAT FISCAL YEAR. AFTER JUNE 30, 1980, THE total of advances in a ANY fiscal year may not exceed 10 percent of the total of grants and contracts from federal and private sources appropriated to the university for that fiscal year. The amounts advanced in a ANY fiscal year shall be repaid in full to the department within 120 days following the close of that fiscal year. If the repayment is not made on a timely basis, the department may withhold amounts due from state fund appropriations for the university.

* Sec. 64. AS 37.20.040 is repealed.

* Sec. 65. AS 37.25.030 is repealed.

* Sec. 66. AS 38.09.100 is amended to read:

Sec. 38.09.100. LESSEES OF REMOTE PARCELS. (a) A lessee of a remote parcel under former AS 38.05.077 may elect to obtain title to the remote parcel under AS 38.09.050. If a lessee of a remote parcel elects to obtain title under AS 38.09.050, July 28, 1983, shall be considered the date of the issuance of the homestead entry permit.

(b) Except as provided in (a) of this section, nothing in this chapter affects the rights and obligations of lessees of remote parcels under former AS 38.05.077.

* Sec. 67. AS 39.05.060(a)(6) is repealed.

* Sec. 68. AS 39.05.100(a) is amended to read:

(a) A person appointed to a board or commission of the state government , shall be and have been before the last general election, (1) a registered voter in the state, if the appointment is made at large or (2) a registered voter from the judicial district, if the appointment is made from a specific judicial district. The student member of the Board of Regents of the University of Alaska appointed under AS 14.40.150(b) and the student member of the Alaska Commission on Postsecondary Education appointed under AS 14.42.015(e) are exempt from the requirement of this subsection if the member was not old enough to be a registered voter in the last general election.

* Sec. 69. AS 39.25.110(11)(C) and AS 39.50.200(b)(43) are repealed.

* Sec. 70. AS 43.05.210 is repealed.

* Sec. 71. AS 43.70.020(b) is amended to read:

(b) Application for a renewal of a license and payment of the annual INITIAL fee under AS 43.70.030 shall be made before February 1 of each year.

* Sec. 72. AS 43.70.030(d), 43.70.040, 43.70.110(2), and 43.70.110(3) are repealed.

* Sec. 73. AS 43.70.090 is amended to read:

Sec. 43.70.090. REGULATIONS. The department may adopt regulations necessary to determine and collect the fees imposed by this chapter AND MAY ADOPT REGULATIONS DEFINING THE NECESSARY METHODS OF COMBINATION AND APPORTIONMENT FOR MULTISTATE FINANCIAL INSTITUTIONS REQUIRED TO FILE UNDER THIS

CHAPTER .

* Sec. 74. AS 43.80.015(b) is amended to read:

(b) The receipt of land or an interest in it under the federal Act or of cash in order to equalize the values of property exchanged under sec. 22(f) of that Act or AS 38.50 AS 38.95.060 is not subject to any form of state or local taxation. The basis for computing gain or loss on subsequent sale or other disposition of this land or interest in land for purposes of a state or local tax imposed on or measured by income is the fair value of the land or interest in land at the time of receipt

* Sec. 75. AS 43.80.015(c) is amended to read:

(c) A real property interest conveyed under the federal Act, AS 38.50, or AS 38.95.050 OR 38.95.060 , including land received in an exchange under sec. 22(f) of the federal Act or AS 38.50 AS 38.95.060 , to a Native individual or corporation incorporated under Alaska law pursuant to the federal Act, which interest is not developed or leased to third parties, is exempt from state and local real property taxes and local assessments until December 18, 1991. However, municipal taxes, local real property taxes, or local assessments may, under the laws of the state, be imposed upon leased or developed real property within the jurisdiction of any governmental unit organized under the laws of the state. Easements, rights-of-way, lease-holds, and similar interests in real property may be taxed in accordance with state or local law. All rents, royalties, profits, and other revenues or proceeds derived from property interests are taxable to the same extent as these revenues or proceeds are taxable when received by a non-native individual or corporation. In sec. 21(d) of the federal Act, the exemption of real property interests from local real property taxes includes exemption from local assessments and extends to land received in an exchange under sec. 22(f) of the federal Act or AS 38.50 AS 38.95.060 .

* Sec. 76. AS 44.62.175(a)(4) is amended to read:

(4) notices of state agency requests for proposals issued under AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and AS 43.40.010;

* Sec. 77. AS 44.62.330(a)(46) is repealed.

* Sec. 78. AS 45.55.040(b) is amended to read:

(b) The administrator may by regulation or order require an applicant for initial registration to publish an announcement of the application in one or more specified newspapers published in this state. If no denial order is in effect and no proceeding is pending under AS 45.55.060, registration becomes effective at noon on the 30th day after an application is filed , EXCEPT THAT REGISTRATION BECOMES EFFECTIVE UPON FILING OF THE APPLICATION BY ANY OF THE PERSONS SUBJECT TO THIS

CHAPTER WHO WERE DOING BUSINESS IN THIS STATE ON MAY 9, 1959 . The administrator may by regulation or order specify an earlier effective date, and the administrator may by order defer the effective date until noon of the 30th day after the filing of an amendment

* Sec. 79. AS 45.55.090(b) is amended to read:

(b) A registration statement under this section shall contain the following information and be accompanied by the following documents in addition to the information specified in AS 45.55.110(c) and the consent to service of process required by AS 45.55.260(g):

(1) one copy THREE COPIES of the latest form of prospectus filed under the Securities Act of 1933;

(2) if the administrator requires, copies of the articles of incorporation and bylaws (or their substantial equivalent) currently in effect, a copy of an agreement with or among underwriters, a copy of an indenture or other instrument governing the issuance of the security to be registered, and a specimen or copy of the security;

(3) if the administrator requests, any other information, or copies of any other documents, filed under the Securities Act of 1933; and

(4) an undertaking to forward all future amendments to the federal prospectus, other than an amendment which merely delays the effective date of the registration statement, promptly and in any event not later than the first business day after the day they are forwarded to or filed with the Securities and Exchange Commission, whichever first occurs.

* Sec. 80. AS 45.88.030(d) is amended to read:

(d) All principal and interest payments on loans made under this chapter shall be paid into the alternative TECHNOLOGY AND energy revolving loan fund.

* Sec. 81. AS 45.88.030(e) is amended to read:

(e) THE RATE OF INTEREST FOR A LOAN UNDER THIS SECTION, OTHER THAN A LOAN FOR AN ALTERNATIVE ENERGY SYSTEM, MAY NOT EXCEED NINE AND ONE-HALF PERCENT A YEAR ON THE UNPAID BALANCE OF THE LOAN. The rate of interest for a loan for an alternative energy system is five per-cent for the first $15,000 of the loan and 15 percent for the amount of the loan that exceeds $15,000.

* Sec. 82. AS 46.15.200 is amended to read:

Sec. 46.15.200. TERM OF OFFICE. The term of office for members of the board is four years. THE FIRST MEMBERS APPOINTED SERVE AS FOLLOWS: TWO MEMBERS SERVE FOR ONE YEAR, THREE FOR TWO YEARS AND TWO FOR THREE YEARS. If a vacancy occurs, the governor shall fill it by appointment for the unexpired term. The appointment shall be submitted to the legislature for confirmation at the next regular or special session.

* Sec. 83. Section 65, ch. 106, SLA 1986 is amended to read:

Sec. 65. REPORT. By December 1, 1988, the commissioner of administration and the commissioner of transportation and public facilities shall report to the legislature concerning procurements by state agencies during fiscal year 1988 1987 . The report must include

(1) a summary of the information required under AS 36.30.510 THE RECORDS PREPARED UNDER AS 36.30.510(4) ;

(2) recommendations for changes in AS 36.30 or other laws based on implementation of AS 36.30 in those 12 months; and

(3) a description of any matters that involved litigation concerning AS 36.30 during those 12 months.

* Sec. 84. Sections 54, 55, 59 - 61, 76, and 83 of this Act take effect on the effective date of sec. 2, ch. 106, SLA 1986.

* Sec. 85. Except for secs. 54, 55, 59 - 61, 76, and 83, this Act takes effect immediately under AS 01.10.070(c).

Chapter 015

CHAPTER: CH015

SOURCE: SB123

Action Date: MAY 29, 1987

Year: 87

Effective Date: MAY 30, 1987

AN ACT

Relating to agreements for the provision of medical education; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 14.42.030 is amended by adding a new subsection to read:

(d) The commission may enter into agreements with government or postsecondary education officials of this state or other states to provide postsecondary educational services and programs to Alaska residents pursuing a medical education. An agreement with another state must be limited to services and programs that are unavailable in Alaska.

* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).

Chapter 016

CHAPTER: CH016

SOURCE: SB25AM

Action Date: MAY 29, 1987

Year: 87

Effective Date: MAY 30, 1987

AN ACT

Providing a special assessment for private airports open for public use; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 29.45 is amended by adding a new section to read:

Sec. 29.45.065. ASSESSMENT OF PRIVATE AIRPORTS OPEN FOR PUBLIC USE. (a) A municipality may provide by ordinance that airports located on private land and open and available for public use may be assessed at full and true value for airport use and not as if sub-divided or used for some other nonairport use. The assessor shall maintain records valuing the land at both full and true value and airport use value. If the land is sold, leased, or otherwise disposed of for uses incompatible with airport use by the public or if the owner converts the land to a use incompatible with airport use by the public, the owner is liable to pay an amount equal to the additional tax at the current mill levy together with eight percent interest from the time of the incompatibility, as if the land had not been assessed for airport use. Payment of the additional tax and interest shall be made to the municipality.

(b) To secure the assessment under this section, the owner of the airport shall show that the airport is on private land, is open and available for public use, and is of benefit to the public or municipality. The owner shall apply to the assessor before May 15 of each year that the assessment is desired on forms to be prescribed by the municipality for use of the local assessor and shall include information reasonably required to determine the entitlement of the applicant. If the land is leased for airport purposes, the applicant shall furnish the assessor with a copy of the lease bearing the signature of both the lessee and lessor for the period that the exemption is requested.

(c) In this section, "airport" means an area of land or water that is used for the landing, take-off, movement, or parking of aircraft, and the appurtenant areas that are used for airport buildings or other airport facilities or right-of-way, together with airport buildings and facilities at the location.

* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).

Chapter 017

CHAPTER: CH017

SOURCE: SB187

Action Date: MAY 29, 1987

Year: 87

Effective Date: JULY 1, 1987

AN ACT

Relating to minimum electrical standards; and providing for an effective date.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 18.60.580 is amended to read:

Sec. 18.60.580. MINIMUM ELECTRICAL STANDARDS. The 1987 1984 published edition of the National Electrical Code (ANSI/NFPA) 70 approved by the American National Standards Institute on July 30, 1986, August 5, 1983 and the 1987 1984 published edition of the National Electrical Safety Code (ANSI C2-1987 C2-1984 ) approved by the American National Standards Institute on June 23, 1986 July 15, 1983 , constitute the minimum electrical safety standards of the state.

* Sec. 2. AS 18.60.590(a) is amended to read:

(a) The department may by regulation adopt amendments to the 1987 1981 National Electrical Code as approved and issued by the American Standards Association.

* Sec. 3. This Act takes effect July 1, 1987.

Chapter 018

CHAPTER: CH018

SOURCE: HCSSB088(L&C)

Action Date: MAY 29, 1987

Year: 87

Effective Date: JULY 27, 1987

AN ACT

Relating to increases or surcharges to auto-mobile insurance premiums.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 21.36.420(d) is amended to read:

(d) An insurer that increases the premium or adds a surcharge to an automobile insurance policy shall give written notice of the increase or surcharge at least 20 15 days before it takes effect, stating the reason for the change and the right of appeal under AS 21.39.090. This subsection does not apply to a

(1) premium increase resulting from a change requested by an insured, if the insured is notified at the time the request is made that the amount of the insured's premium will change as a result of the requested policy change; or

(2) rate approved by the director if the insurer gives written notice of a premium increase to the insured at least 20 days before the renewal date of the affected policy.

Chapter 019

CHAPTER: CH019

SOURCE: HB121

Action Date: MAY 29, 1987

Year: 87

Effective Date: JULY 27, 1987

AN ACT

Repealing a provision related to payment of costs by private prosecutor.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 12.45.150 is repealed.