00 HOUSE CS FOR SENATE BILL NO. 365(FIN) 01 "An Act amending, and repealing laws providing for state agency functions and 02 services related to transportation and capital improvement planning, workers' 03 compensation, motor vehicles and motor vehicle insurance, medical care for 04 prisoners, state building leases, and review and approval of water and sewer 05 systems, for the purpose of reducing state government expenditures; and providing 06 for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 19.10.160 is amended to read: 09 Sec. 19.10.160. STANDARD DRAWINGS [PLANS] AND 10 SPECIFICATIONS. The department may [SHALL] prepare and adopt uniform 11 standard drawings [PLANS] and specifications for the establishment and [,] 12 construction [, AND MAINTENANCE] of highways in the state. The department may 13 amend the drawings [PLANS] and specifications as it considers advisable. [THE 14 STANDARDS MUST CONFORM AS CLOSELY AS PRACTICABLE TO THOSE 01 ADOPTED BY THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND 02 TRANSPORTATION OFFICIALS.] 03 * Sec. 2. AS 23.30.041(e) is amended to read: 04 (e) An employee shall be eligible for benefits under this section upon the 05 employee's written request and by having a physician predict that the employee will 06 have permanent physical capacities that are less than the physical demands of the 07 employee's job as described in the United States Department of Labor's "Selected 08 Characteristics of Occupations Defined in the Revised Dictionary of Occupational 09 Titles" for 10 (1) the employee's job at the time of injury; or 11 (2) other jobs that exist in the labor market that the employee has held 12 or received training for within 10 years before the injury or that the employee has held 13 following the injury for a period long enough to obtain the skills to compete in the 14 labor market, according to specific vocational preparation codes as described in the 15 United States Department of Labor's "Selected Characteristics of Occupations Defined 16 in the Revised Dictionary of Occupational Titles." 17 * Sec. 3. AS 23.30.095(k) is amended to read: 18 (k) In the event of a medical dispute regarding determinations of causation, 19 medical stability, ability to enter a reemployment plan, degree of impairment, 20 functional capacity, the amount and efficacy of the continuance of or necessity of 21 treatment, or compensability between the employee's attending physician and the 22 employer's independent medical evaluation, a second independent medical evaluation 23 shall be conducted by a physician or physicians selected by the board or its designee 24 from a list established and maintained by the board and its designee. The cost of the 25 examination and medical report shall be paid by the employer. The report of the 26 independent medical examiner shall be furnished to the board and to the parties within 27 14 days after the examination is concluded. A person may not seek damages from an 28 independent medical examiner caused by the rendering of an opinion or providing 29 testimony under this subsection, except in the event of fraud or gross incompetence. 30 * Sec. 4. AS 23.30.190(b) is amended to read: 31 (b) All determinations of the existence and degree of permanent impairment 01 shall be made strictly and solely under the whole person determination as set out in 02 the current edition of the American Medical Association Guides to the Evaluation of 03 Permanent Impairment at the time of the impairment rating, except that an 04 impairment rating may not be rounded to the next five percent. The board shall adopt 05 a supplementary recognized schedule for injuries that cannot be rated by use of the 06 American Medical Association Guides. 07 * Sec. 5. AS 28.05.061(c) is amended to read: 08 (c) The commissioner and officers and employees of the department designated 09 by the commissioner shall, upon request, prepare under the seal of the department and 10 deliver, unless otherwise prohibited by law, a certified copy of any record of the 11 department maintained under this title or regulations adopted under this title, charging 12 a fee for each certified copy. A certified copy, or an electronic record certified by 13 the department, is admissible in a proceeding in a court in the same manner as the 14 original document. 15 * Sec. 6. AS 28.05.121 is amended to read: 16 Sec. 28.05.121. GIVING OF NOTICE. When the department is authorized or 17 required to give notice under this title or regulations adopted under this title, unless a 18 different method of giving notice is otherwise expressly provided, notice shall be given 19 by a qualified person, either by personal delivery to the person to be notified or by 20 first class [REGISTERED OR CERTIFIED] mail, [RETURN RECEIPT 21 REQUESTED,] addressed to the person at the address of the person as shown in the 22 electronic records of the department. The giving of notice by mail is considered 23 complete upon placing the notice in a United States Post Office receptacle, with 24 appropriate postage [THE RETURN OF THE RECEIPT OR UPON RETURN OF 25 THE NOTICE AS UNDELIVERABLE, REFUSED, OR UNCLAIMED]. Proof of the 26 giving of notice in either manner may be made by the affidavit of the person giving 27 the notice by personal delivery or by mail, naming the person to whom the notice was 28 given and specifying the time, place, and manner of giving the notice. 29 * Sec. 7. AS 28.05.141(b) is amended to read: 30 (b) A hearing ordered under (a) of this section shall be held telephonically at 31 a time and date set by [AT THE OFFICE OF] the department, except that if the 01 department determines that an in-person hearing is necessary to determine factual 02 issues, the department may order that the hearing be conducted in person at a 03 place, time, and date set by the department [NEAREST TO THE RESIDENCE OF 04 THE PERSON REQUESTING THE HEARING UNLESS THE DEPARTMENT AND 05 THE PERSON AGREE THAT THE HEARING IS TO BE HELD ELSEWHERE]. 06 The department may [SHALL] grant a hearing delay only if the person shows, to the 07 satisfaction of the department, [PRESENTS] good cause for the delay that is beyond 08 the control of the person. If a person fails to appear for the hearing at the time and 09 place stated by the department and if a hearing delay has not been granted, the 10 person's failure to appear is considered a waiver of the hearing and the department 11 may take appropriate action with respect to the person. 12 * Sec. 8. AS 28.10.031(b) is amended to read: 13 (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by 14 the dealer a temporary permit to drive the vehicle. A permit is effective for a period 15 not to exceed 60 [30] days. The commissioner shall adopt regulations governing the 16 issuance of permits under this section. 17 * Sec. 9. AS 28.10.108(c) is amended to read: 18 (c) A vehicle subject to registration [AND NOT DESCRIBED IN (b) OF THIS 19 SECTION] shall have its initial registration, and may have its annual registration, 20 renewed in the month of initial registration in the state, subject to the provisions of (f) 21 of this section. 22 * Sec. 10. AS 28.15.166(e) is amended to read: 23 (e) The [NOTWITHSTANDING AS 28.05.141(b), THE] hearing under this 24 section shall be held telephonically at a time and date set by [AT THE OFFICE OF] 25 the department, except that if the department determines that an in-person hearing 26 is necessary to determine factual issues, the department may order that the 27 hearing be conducted in person at a place, time, and date set by the department 28 [NEAREST TO THE RESIDENCE OF THE PERSON REQUESTING THE 29 HEARING UNLESS 30 (1) A DISTRICT COURT JUDGE OR A MAGISTRATE HAS BEEN 31 DESIGNATED AS A HEARING OFFICER IN THE MATTER BY THE 01 COMMISSIONER; OR 02 (2) THE DEPARTMENT AND THE PERSON AGREE THAT THE 03 HEARING IS TO BE HELD ELSEWHERE]. 04 * Sec. 11. AS 28.15.166(f) is amended to read: 05 (f) A review under this section shall be held before a hearing officer 06 designated by the commissioner. [UPON THE CONSENT OF THE 07 ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE 08 COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A 09 MAGISTRATE TO SERVE AS THE HEARING OFFICER.] The hearing officer shall 10 have authority to 11 (1) administer oaths and affirmations; 12 (2) examine witnesses and take testimony; 13 (3) receive relevant evidence; 14 (4) issue subpoenas, take depositions, or cause depositions or 15 interrogatories to be taken; 16 (5) regulate the course and conduct of the hearing; 17 (6) make a final ruling on the issue. 18 * Sec. 12. AS 28.20.050(a) is amended to read: 19 (a) The provisions of this chapter requiring deposit of security and suspension 20 for failure to deposit security apply to the driver and owner of a vehicle subject to 21 registration under the laws of this state that is involved in any manner in an accident 22 in this state resulting in bodily injury to or death of a person or damage to the property 23 of any one person exceeding $1,000 [$500]. 24 * Sec. 13. AS 28.20.050(e) is amended to read: 25 (e) A peace officer investigating an accident that results in bodily injury to or 26 the death of a person or damage to the property of a person exceeding $1,000 [$500] 27 shall inform persons involved in the accident in writing of the requirements of this 28 chapter as they apply to suspension of an operator's license or driving privileges. 29 * Sec. 14. AS 28.20.100(c) is amended to read: 30 (c) If the department evaluates the injuries or damage to a minor in an amount 31 not more than $1,000 [$500], the department may accept, for the purposes of this 01 chapter only, evidence of a release from liability executed by a natural or legal 02 guardian on behalf of the minor without court approval. 03 * Sec. 15. AS 28.20.230(a) is amended to read: 04 (a) The provisions of this chapter requiring the deposit of proof of financial 05 responsibility for the future apply to persons who are convicted of or forfeit bail for 06 certain offenses under motor vehicle laws or who, by ownership or operation of a 07 vehicle of a type subject to registration under AS 28.10, are involved in an accident 08 in this state that results in bodily injury or death of a person or damage to the property 09 of any one person exceeding $1,000 [$500]. 10 * Sec. 16. AS 28.20.260(a) is amended to read: 11 (a) Upon receipt by the department of the report of an accident resulting in 12 bodily injury or death, or property damage to any one person exceeding $1,000 [$500], 13 the department shall suspend the license of the driver of a motor vehicle involved in 14 the accident unless the driver or owner 15 (1) has previously furnished or immediately furnishes security required 16 by this chapter, or is excepted from furnishing security under AS 28.20.060; [,] and 17 (2) maintains proof of financial responsibility for three years following 18 the accident. 19 * Sec. 17. AS 28.22.021 is amended to read: 20 Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE 21 LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have 22 motor vehicle liability insurance that complies with this chapter or a certificate of 23 self-insurance that complies with AS 28.20.400, shall show proof of this insurance 24 when that person is involved in an accident that results in bodily injury to or death of 25 a person, or damage to the property of a person exceeding $1,000 [$500]. 26 * Sec. 18. AS 28.22.041(a) is amended to read: 27 (a) If [EXCEPT AS PROVIDED IN (h) OF THIS SECTION, IF] a person 28 fails to provide proof required under AS 28.22.021 and 28.22.031, the department shall 29 suspend the driver's license of that person for the following periods: 30 (1) not less than 90 days if, within the preceding 10 years, the person 31 has not had a driver's license suspended for violation of AS 28.22.011 or former 01 AS 28.22.200; 02 (2) not less than one year if, within the preceding 10 years, the person 03 has had a driver's license suspended one or more times for violation of AS 28.22.011 04 or former AS 28.22.200. 05 * Sec. 19. AS 28.35.080(a) is amended to read: 06 (a) The driver of a vehicle involved in an accident resulting in bodily injury 07 to or death of a person or total property damage to an apparent extent of $1,000 [$500] 08 or more shall immediately by the quickest means of communication give notice of the 09 accident to the local police department if the accident occurs within a municipality, 10 otherwise to the Department of Public Safety. 11 * Sec. 20. AS 28.35.080(b) is amended to read: 12 (b) The driver of a vehicle involved in an accident resulting in bodily injury 13 to or death of a person or total property damage to an apparent extent of $1,000 [$500] 14 or more shall, within 10 days after the accident, forward a written report of the 15 accident to the Department of Public Safety and to the local police department if the 16 accident occurs within a municipality. A report is not required under this subsection 17 if the accident is investigated by a peace officer. 18 * Sec. 21. AS 33.30.011 is amended to read: 19 Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 20 (1) establish, maintain, operate, and control correctional facilities 21 suitable for the custody, care, and discipline of persons charged or convicted of 22 offenses against the state or held under authority of state law; 23 (2) classify prisoners; 24 (3) for persons committed to the custody of the commissioner, establish 25 programs, including furlough programs that are reasonably calculated to 26 (A) protect the public; 27 (B) maintain health; 28 (C) create or improve occupational skills; 29 (D) enhance educational qualifications; 30 (E) support court-ordered restitution; and 31 (F) otherwise provide for the rehabilitation and reformation of 01 prisoners, facilitating their reintegration into society; 02 (4) provide necessary medical services for prisoners in state 03 correctional facilities or to fulfill duties under AS 33.30.071 [WHO ARE 04 COMMITTED BY A COURT TO THE CUSTODY OF THE COMMISSIONER], 05 including examinations for communicable and infectious diseases, if a physician or 06 other health care provider, exercising ordinary skill and care at the time of 07 observation, concludes that 08 (A) a prisoner exhibits symptoms of a serious disease or 09 injury that is curable or may be substantially alleviated; and 10 (B) the potential for harm to the prisoner by reason of delay 11 or denial of care is substantial; 12 (5) provide necessary psychological or psychiatric treatment if a 13 physician or other health care provider, exercising ordinary skill and care at the time 14 of observation, concludes that 15 (A) a prisoner exhibits symptoms of a serious disease or injury 16 that is curable or may be substantially alleviated; and 17 (B) the potential for harm to the prisoner by reason of delay or 18 denial of care is substantial; and 19 (6) establish minimum standards for sex offender treatment programs 20 offered to persons who are committed to the custody of the commissioner. 21 * Sec. 22. AS 36.30 is amended by adding a new section to read: 22 Sec. 36.30.085. LEASE EXTENSIONS AUTHORIZED. (a) Notwithstanding 23 AS 36.30.080, the department may extend for up to a maximum of 10 years a real 24 property lease that is entered into under this chapter or was entered into under former 25 AS 37.05.220 - 37.05.280 and that is in existence as of June 30, 1994 if a minimum 26 cost savings of 27 (1) 10 percent can be achieved on the rent due under the lease; or 28 (2) five percent can be achieved on the rent due under the lease and the 29 lessor agrees to make modifications to the leased real property to bring the real 30 property into compliance with the requirements of 42 U.S.C. 12101 - 12213 31 (Americans with Disabilities Act of 1990). 01 (b) The cost savings under (a) of this section shall be calculated on the 02 remaining term of the lease and any renewals, including extensions allowed under (a) 03 of this section. 04 (c) In accordance with AS 36.30.005, the Board of Regents may extend leases 05 for the University of Alaska to the same extent as the department under this section. 06 (d) In accordance with AS 36.30.030, the court system may extend leases for 07 the court system to the same extent as the department under this section. 08 * Sec. 23. AS 36.30.320(a) is amended to read: 09 (a) A procurement for (1) supplies, services, or construction that does not 10 exceed an aggregate dollar amount of $25,000, or (2) lease of space that does not 11 exceed 2,500 square feet with a monthly lease amount that does not exceed $5,000, 12 may be made in accordance with regulations adopted by the commissioner for small 13 procurements. 14 * Sec. 24. AS 37.07.040 is amended to read: 15 Sec. 37.07.040. OFFICE OF MANAGEMENT AND BUDGET. The Alaska 16 office of management and budget shall 17 (1) assist the governor in the preparation and explanation of the 18 proposed comprehensive program and financial plan, including the coordination and 19 analysis of state agency goals and objectives, plans, and budget requests; 20 (2) prepare for submission to the governor an annually updated 21 [SIX-YEAR] capital improvements program in fiscal year format covering the 22 current fiscal year plus three succeeding fiscal years and the proposed capital 23 improvements budget for the coming fiscal year, the latter to include individual project 24 justification with documentation of estimated project cost; 25 (3) develop procedures to produce the information needed for effective 26 policy decision making, including procedures to provide for the dissemination of 27 information about plans, programs, and budget requests to be included in the annual 28 budget and opportunity for public review and comment during the period of budget 29 preparation; 30 (4) assist state agencies in their statement of goals and objectives, 31 preparation of plans, budget requests, and reporting of program performance; all 01 documents forwarded by the office to a state agency containing instructions for the 02 preparation of program plans and budget requests and the reporting of program 03 performance are public information after the date they are forwarded; 04 (5) administer its responsibilities under the program execution 05 provisions of this chapter so that the policy decisions and budget determinations of the 06 governor and the legislature are implemented; 07 (6) provide the legislative finance division with the budget information 08 it may request; 09 (7) provide the legislative finance division with an advance copy of the 10 governor's budget workbooks by the first Monday in January of each year, except that 11 following a gubernatorial election year the advance copy shall be provided by the 12 second Monday in January; 13 (8) prepare the proposed capital improvements budget for the coming 14 fiscal year evaluating both state and local requests from the standpoint of need, equity, 15 and priorities of the jurisdiction; other factors such as project amounts, population, 16 local financial match, federal funds being used for local match, municipality or 17 unincorporated community acceptance of the facility, and all associated costs of the 18 facility may be considered. 19 * Sec. 25. AS 44.42.050(b) is amended to read: 20 (b) In developing and revising the plan, the commissioner shall seek public 21 review and evaluation consistent with applicable federal statutes and regulations 22 and by any reasonable means and may 23 (1) consult and cooperate with officials and representatives of the 24 federal government, other governments, interstate commissions and authorities, local 25 agencies and authorities, interested corporations and other organizations concerning 26 problems affecting transportation in the state; and 27 (2) request from an agency or other unit of the state government or of 28 a political subdivision of it, or from a public authority, the assistance and data that 29 may be necessary to enable the commissioner to carry out responsibilities under this 30 section; every such entity shall provide the assistance and data requested. 31 * Sec. 26. AS 46.03 is amended by adding a new section to read: 01 Sec. 46.03.026. ON-SITE WATER AND SEWER SYSTEM CERTIFICATION 02 AND AUDIT PROGRAM. (a) Notwithstanding any provision of this chapter to the 03 contrary, for bank loans for homes in this state, the department may establish, by 04 regulation, a program to delegate the review and certification of on-site drinking water 05 and sewer systems. Under standards adopted by the department by regulation, the 06 department may delegate the review and certification to engineers who are registered 07 under AS 08.48. 08 (b) If the department establishes a program under (a) of this section, the 09 department shall establish an audit system for the department to monitor and review 10 a statistically significant number of systems certified under that program. An audit 11 must determine compliance with departmental standards for design, installation, and 12 operation in effect at the time of the certification. 13 (c) If the department establishes a program under (a) of this section, the 14 department shall, by regulation, establish fees for services sufficient to make the 15 program self-supporting. 16 * Sec. 27. AS 46.03.720 is amended by adding a new subsection to read: 17 (d) Notwithstanding (a) of this section, department review and approval of 18 plans is not required for the functions specified in (a) of this section if 19 (1) the sewerage system or treatment works, or a part of either, is 20 located in a community or major military facility that has the power or legal authority 21 to review and approve sewerage system or treatment works plans; 22 (2) the community or major military facility has established ordinances 23 or other law to regulate domestic sewerage that the department has determined are 24 substantially equivalent to department standards in effect at the time of the 25 determination; 26 (3) the community or major military facility has employed an engineer 27 registered under AS 08.48 who will review and approve domestic sewerage plans 28 under those ordinances or other law; 29 (4) the community or major military facility commits adequate funding 30 or other resources to administer plan review and approvals under this subsection; and 31 (5) the department and the community or major military facility have 01 entered into an agreement under this subsection for delegation of the review and 02 approval of plans under the standards described in this subsection. 03 * Sec. 28. AS 28.10.108(b) and AS 28.22.041(h) are repealed. 04 * Sec. 29. TRANSITION. Notwithstanding sec. 31 of this Act, an agency of the state that 05 has regulation adoption authority or that is authorized by this Act to adopt regulations, may 06 proceed to adopt regulations necessary to implement that agency's respective provisions in this 07 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 08 before July 1, 1994. 09 * Sec. 30. Section 29 of this Act takes effect immediately under AS 01.10.070(c). 10 * Sec. 31. Except as provided in sec. 30 of this Act, this Act takes effect July 1, 1994.