00 CS FOR HOUSE BILL NO. 133(L&C) 01 "An Act relating to the Alaska savings program for eligible individuals; relating to 02 education savings programs; relating to the Education Trust of Alaska; relating to the 03 Alaska advance college tuition savings fund; relating to the Alaska education savings 04 program for children; and relating to the Governor's Council on Disabilities and Special 05 Education." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07  * Section 1. AS 06.65.020 is amended by adding a new subsection to read: 08 (b) When exercising its powers and duties under this chapter, the department 09 shall consult with the Governor's Council on Disabilities and Special Education 10 established under AS 47.80.030. 11  * Sec. 2. AS 06.65.100 is amended to read: 12 Sec. 06.65.100. Eligible individuals. To be eligible for a program account, 13 when an individual or the individual's representative establishes the program account 01 or makes a distribution to another program account under AS 06.65.200, the individual 02 must [SHALL] be [AN INDIVIDUAL] 03 (1) [WHO IS] entitled to benefits based on blindness or disability 04 under 42 U.S.C. 401 - 434 or 42 U.S.C. 1381 - 1383f, and the blindness or disability 05 must have occurred before the date on which the individual reached the [26 YEARS 06 OF] age required by the federal authorizing law for this purpose; or 07 (2) an individual for whom a disability certification that satisfies the 08 secretary and the federal authorizing law is filed with the secretary for the calendar 09 year in which the eligible individual or the eligible individual's representative opens 10 the program account. 11  * Sec. 3. AS 06.65.160(a) is amended to read: 12 (a) As provided by the federal authorizing law, a person may make a 13 contribution to a program account for the designated beneficiary. A person may also  14 make a contribution to a program account under AS 14.40.802(f)(3). 15  * Sec. 4. AS 06.65.160(c) is amended to read: 16 (c) Any person may make a contribution to a program account, but the amount 17 that the person may contribute is subject to the limits set by the federal authorizing 18 law, [OR] the department, or AS 14.40.802(f)(3). 19  * Sec. 5. AS 06.65.200(a) is amended to read: 20 (a) Subject to the restrictions in the federal authorizing law for rollover 21 distributions, a designated beneficiary or the designated beneficiary's representative 22 may make a distribution of the money in a program account to another 23 (1) program account if the designated beneficiary of the program 24 account to which the distribution is being made is 25 (A) [(1)] the same eligible individual; or 26 (B) [(2)] an eligible individual who is a member of the family 27 of the designated beneficiary from whom the distribution is made; or  28 (2) account allowed by the federal authorizing law. 29  * Sec. 6. AS 09.38.015(a) is amended to read: 30 (a) An individual is entitled to exemption of the following property: 31 (1) a burial plot for the individual and the individual's family; 01 (2) health aids reasonably necessary to enable the individual or a 02 dependent to work or to sustain health; 03 (3) benefits paid or payable for medical, surgical, or hospital care to 04 the extent they are or will be used to pay for the care; 05 (4) an award under AS 18.67 (Violent Crimes Compensation Board) or 06 a crime victim's reparations act of another jurisdiction; 07 (5) benefits paid or payable as a longevity bonus under AS 47.45; 08 (6) compensation or benefits paid or payable and exempt under federal 09 law; 10 (7) liquor licenses granted under AS 04; 11 (8) tuition credit or savings accounts under an [A HIGHER] education 12 savings account established under AS 14.40.802 or an advance college tuition savings 13 contract authorized under AS 14.40.809(a); 14 (9) a permanent fund dividend to the extent allowed under 15 AS 43.23.140; 16 (10) [REPEALED] 17 (11) benefits paid or payable under AS 47.45.301 - 47.45.309. 18  * Sec. 7. AS 14.40.170(a) is amended to read: 19 (a) The Board of Regents shall 20 (1) appoint the president of the university by a majority vote of the 21 whole board, and the president may attend meetings of the board; 22 (2) fix the compensation of the president of the university, all heads of 23 departments, professors, teachers, instructors, and other officers; 24 (3) confer appropriate degrees as it may determine and prescribe; 25 (4) have the care, control, and management of 26 (A) all the real and personal property of the university; and 27 (B) land 28 (i) conveyed to the Board of Regents by the 29 commissioner of natural resources in the settlement of the claim of the 30 University of Alaska to land granted to the state in accordance with the 31 Act of March 4, 1915 (38 Stat. 1214), as amended, and in accordance 01 with the Act of January 21, 1929 (45 Stat. 1091), as amended; and 02 (ii) conveyed to the Board of Regents in trust for the 03 University of Alaska by the commissioner of natural resources under 04 AS 14.40.365; 05 (5) keep a correct and easily understood record of the minutes of every 06 meeting and all acts done by it in pursuance of its duties; 07 (6) under procedures to be established by the commissioner of 08 administration, and in accordance with existing procedures for other state agencies, 09 have the care, control, and management of all money of the university and keep a 10 complete record of all money received and disbursed; 11 (7) adopt reasonable rules for the prudent trust management and the 12 long-term financial benefit to the university of the land of the university; 13 (8) provide public notice of sales, leases, exchanges, and transfers of 14 the land of the university or of interests in land of the university; 15 (9) administer, manage, market, and promote an [A 16 POSTSECONDARY] education savings program, including the [ALASKA HIGHER] 17 Education [SAVINGS] Trust of Alaska under AS 14.40.802 and the Alaska advance 18 college tuition savings fund under AS 14.40.803 - 14.40.817; 19 (10) designate buildings owned by the university as covered buildings 20 for purposes of paying the costs of use, management, operation, maintenance, and 21 depreciation from the fund established under AS 37.05.555. 22  * Sec. 8. AS 14.40.802(a) is amended to read: 23 (a) The [ALASKA HIGHER] Education [SAVINGS] Trust of Alaska is 24 established in the University of Alaska. The purpose of the [THIS] trust is to secure 25 obligations to participants and beneficiaries under an [A POSTSECONDARY] 26 education savings program operated by the University of Alaska and to provide 27 participants a convenient method of saving for [COLLEGE OR OTHER 28 POSTSECONDARY] education. The Board of Regents of the University of Alaska 29 shall 30 (1) adopt policies that provide for the administration, management, 31 promotion, and marketing of the trust; 01 (2) maintain the trust in compliance with requirements of 26 U.S.C. 02 (Internal Revenue Code) for a qualified state tuition program as defined in 26 U.S.C. 03 529; 04 (3) coordinate savings options established under the trust and the 05 administration of the trust with the Alaska advance college tuition savings fund 06 (AS 14.40.803), including the creation of common administrative and record-keeping 07 systems, marketing programs, and operating reserves; 08 (4) establish participation agreements, including application, savings 09 options, and withdrawal procedures; 10 (5) enter into participation agreements with participants for the 11 (A) accumulation, investment, and distribution of funds; 12 (B) payment or reimbursement of qualified [HIGHER] 13 education expenses; and 14 (C) benefit of a beneficiary; 15 (6) enter into contracts with one or more contractors, including 16 investment managers; in determining the persons to act as investment managers, 17 consideration must be given to the qualifications of the contractor, including the 18 contractor's ability to 19 (A) administer financial programs with individual account 20 maintenance and reporting; 21 (B) develop, market, and administer investment options 22 appropriate for the trust; and 23 (C) augment the savings program with other beneficial 24 products and services; 25 (7) allow both residents and nonresidents to participate in the trust; 26 (8) allow the transfer or rollover of funds from the Alaska advance 27 college tuition savings fund and other qualified state tuition programs under 26 U.S.C. 28 529 and the participation agreement; 29 (9) allow withdrawals from the trust to be used for qualified 30 [HIGHER] education expenses [, INCLUDING ROOM AND BOARD] as allowed by 31 26 U.S.C. 529; 01 (10) establish penalties for withdrawals from the trust for nonqualified 02 expenses and other distributions as required under 26 U.S.C. 529 or as provided in the 03 participation agreement; 04 (11) engage an independent firm of certified public accountants to 05 audit the financial position of the trust. 06  * Sec. 9. AS 14.40.802(f) is amended to read: 07 (f) A participant has the right, as provided in the participation agreement, to 08 (1) change the beneficiary of an account; [TO ANOTHER 09 INDIVIDUAL WHO IS A MEMBER OF THE FAMILY OF THE FORMER 10 BENEFICIARY; OR] 11 (2) direct that all or a portion of an account be transferred to an 12 account with a new beneficiary; or  13 (3) direct that all or a portion of an account be transferred to a  14 program account as a contribution under AS 06.65.160 if the contribution  15 (A) when added to any other contributions made to the  16 program account during the same federal tax year, does not exceed the  17 limit for a contribution under 26 U.S.C. 529A(b)(2)(B)(ii); and  18 (B) is for the beneficiary or for a [IF THE] new individual  19 who [BENEFICIARY] is a member of the family of the former beneficiary 20 and an eligible individual under AS 06.65.100; in this subparagraph,  21 "eligible individual" and "member of the family" have the meanings  22 given in AS 06.65.390.  23  * Sec. 10. AS 14.40.802(g) is amended to read: 24 (g) The right to change the beneficiary or to make transfers [TRANSFER 25 BETWEEN ACCOUNTS] described in (f) of this section may be denied or limited as 26 provided in the participation agreement, including transfers that would result in 27 contributions or account balances in excess of allowable limits under the participation 28 agreement, or, with regard to a change or transfer under (f)(3) of this section, the  29 change or transfer does not satisfy the requirements of AS 06.65.  30  * Sec. 11. AS 14.40.802(j) is amended to read: 31 (j) A participant may, as provided in the participation agreement, designate a 01 person other than the participant as a successor participant. [THE DESIGNATION OF 02 A SUCCESSOR PARTICIPANT DOES NOT TAKE EFFECT UNTIL THE 03 PARTICIPANT DIES OR IS DECLARED LEGALLY INCOMPETENT. IF A 04 PARTICIPANT DIES OR IS DECLARED LEGALLY INCOMPETENT WITHOUT 05 HAVING EFFECTIVELY DESIGNATED A SUCCESSOR PARTICIPANT, THE 06 BENEFICIARY MAY DESIGNATE A SUCCESSOR PARTICIPANT IN THE 07 MANNER PRESCRIBED ABOVE IF THE BENEFICIARY IS NOT THE SAME 08 PERSON AS THE SUCCESSOR PARTICIPANT.] 09  * Sec. 12. AS 14.40.802(n)(2) is amended to read: 10 (2) "beneficiary" means a [ANY PERSON] designated beneficiary as  11 defined under 26 U.S.C. 529(e) [BY A PARTICIPATION AGREEMENT, OR BY 12 ANOTHER METHOD OF DESIGNATION AUTHORIZED IN THIS SECTION, TO 13 BENEFIT FROM PAYMENTS FOR QUALIFIED HIGHER EDUCATION 14 EXPENSES AT AN ELIGIBLE EDUCATIONAL INSTITUTION]; 15  * Sec. 13. AS 14.40.802(n)(7) is amended to read: 16 (7) "qualified [HIGHER] education expenses" has the meaning given 17 to "qualified higher education expenses" in 26 U.S.C. 529(c) and (e) [26 U.S.C. 18 529(e)]; 19  * Sec. 14. AS 14.40.802(n)(8) is amended to read: 20 (8) "trust" means the [ALASKA HIGHER] Education [SAVINGS] 21 Trust of Alaska. 22  * Sec. 15. AS 14.40.809(b) is amended to read: 23 (b) The board shall 24 (1) make appropriate arrangements as necessary to fulfill the board's 25 obligations under an advance college tuition savings contract; 26 (2) establish and adopt a formal plan for administration of the advance 27 college tuition savings program; the terms and conditions of the plan shall be 28 considered a part of an advance college tuition savings contract; 29 (3) establish investment objectives, criteria, and asset allocation 30 guidelines for the fund based on prudent institutional investor guidelines and actuarial 31 analysis of the earnings requirements for the advance college tuition savings plan; 01 (4) enter into contracts or agreements considered necessary for the 02 investment of the fund, including contracts or agreements with investment managers, 03 consultants, and other custodians of the fund; 04 (5) engage a financial advisor to report annually on the investment 05 performance of the fund; 06 (6) engage an independent firm of certified public accountants to audit 07 the financial position of the fund; 08 (7) do all acts, whether or not expressly authorized, that the board 09 considers necessary or proper in administering the assets of the fund; 10 (8) enter into reciprocal agreements with Alaska Pacific University and 11 other eligible educational institutions or state tuition programs that the board 12 determines to be beneficial to the advance college tuition savings program; 13 (9) coordinate savings options established under the Alaska advance 14 college tuition savings program and the administration of the fund with the [ALASKA 15 HIGHER] Education [SAVINGS] Trust of Alaska (AS 14.40.802), including the 16 creation of common administrative and record-keeping systems, marketing programs, 17 and operating reserves. 18  * Sec. 16. AS 40.25.120(a) is amended to read: 19 (a) Every person has a right to inspect a public record in the state, including 20 public records in recorders' offices, except 21 (1) records of vital statistics and adoption proceedings, which shall be 22 treated in the manner required by AS 18.50; 23 (2) records pertaining to juveniles unless disclosure is authorized by 24 law; 25 (3) medical and related public health records; 26 (4) records required to be kept confidential by a federal law or 27 regulation or by state law; 28 (5) to the extent the records are required to be kept confidential under 29 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 30 or retain federal assistance; 31 (6) records or information compiled for law enforcement purposes, but 01 only to the extent that the production of the law enforcement records or information 02 (A) could reasonably be expected to interfere with enforcement 03 proceedings; 04 (B) would deprive a person of a right to a fair trial or an 05 impartial adjudication; 06 (C) could reasonably be expected to constitute an unwarranted 07 invasion of the personal privacy of a suspect, defendant, victim, or witness; 08 (D) could reasonably be expected to disclose the identity of a 09 confidential source; 10 (E) would disclose confidential techniques and procedures for 11 law enforcement investigations or prosecutions; 12 (F) would disclose guidelines for law enforcement 13 investigations or prosecutions if the disclosure could reasonably be expected to 14 risk circumvention of the law; or 15 (G) could reasonably be expected to endanger the life or 16 physical safety of an individual; 17 (7) names, addresses, and other information identifying a person as a 18 participant in the [ALASKA HIGHER] Education [SAVINGS] Trust of Alaska under 19 AS 14.40.802 or the advance college tuition savings program under AS 14.40.803 - 20 14.40.817; 21 (8) public records containing information that would disclose or might 22 lead to the disclosure of a component in the process used to execute or adopt an 23 electronic signature if the disclosure would or might cause the electronic signature to 24 cease being under the sole control of the person using it; 25 (9) reports submitted under AS 05.25.030 concerning certain 26 collisions, accidents, or other casualties involving boats; 27 (10) records or information pertaining to a plan, program, or 28 procedures for establishing, maintaining, or restoring security in the state, or to a 29 detailed description or evaluation of systems, facilities, or infrastructure in the state, 30 but only to the extent that the production of the records or information 31 (A) could reasonably be expected to interfere with the 01 implementation or enforcement of the security plan, program, or procedures; 02 (B) would disclose confidential guidelines for investigations or 03 enforcement and the disclosure could reasonably be expected to risk 04 circumvention of the law; or 05 (C) could reasonably be expected to endanger the life or 06 physical safety of an individual or to present a real and substantial risk to the 07 public health and welfare; 08 (11) [REPEALED] 09 (12) records that are 10 (A) proprietary, privileged, or a trade secret in accordance with 11 AS 43.90.150 or 43.90.220(e); 12 (B) applications that are received under AS 43.90 until notice is 13 published under AS 43.90.160; 14 (13) information of the Alaska Gasline Development Corporation 15 created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development 16 Corporation that is confidential by law or under a valid confidentiality agreement; 17 (14) information under AS 38.05.020(b)(11) that is subject to a 18 confidentiality agreement under AS 38.05.020(b)(12); 19 (15) records relating to proceedings under AS 09.58 (Alaska Medical 20 Assistance False Claim and Reporting Act); 21 (16) names, addresses, and other information identifying a person as a 22 participant in the Alaska savings program for eligible individuals under AS 06.65; 23 (17) artists' submissions made in response to an inquiry or solicitation 24 initiated by the Alaska State Council on the Arts under AS 44.27.060; 25 (18) records that are 26 (A) investigative files under AS 45.55.910; or 27 (B) confidential under AS 45.56.620. 28  * Sec. 17. AS 47.10.093(b) is amended to read: 29 (b) A state or municipal agency or employee shall disclose appropriate 30 confidential information regarding a case to 31 (1) a guardian ad litem appointed by the court; 01 (2) a person or an agency requested by the department or the child's 02 legal custodian to provide consultation or services for a child who is subject to the 03 jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of 04 the consultation or services; 05 (3) an out-of-home care provider as necessary to enable the out-of- 06 home care provider to provide appropriate care to the child, to protect the safety of the 07 child, and to protect the safety and property of family members and visitors of the out- 08 of-home care provider; 09 (4) a school official as necessary to enable the school to provide 10 appropriate counseling and support services to a child who is the subject of the case, to 11 protect the safety of the child, and to protect the safety of school students and staff; 12 (5) a governmental agency as necessary to obtain that agency's 13 assistance for the department in its investigation or to obtain physical custody of a 14 child; 15 (6) a law enforcement agency of this state or another jurisdiction as 16 necessary for the protection of any child or for actions by that agency to protect the 17 public safety; 18 (7) a member of a multidisciplinary child protection team created 19 under AS 47.14.300 as necessary for the performance of the member's duties; 20 (8) the state medical examiner under AS 12.65 as necessary for the 21 performance of the duties of the state medical examiner; 22 (9) a person who has made a report of harm as required by 23 AS 47.17.020 to inform the person that the investigation was completed and of action 24 taken to protect the child who was the subject of the report; 25 (10) the child support services agency established in AS 25.27.010 as 26 necessary to establish and collect child support for a child who is a child in need of aid 27 under this chapter; 28 (11) a parent, guardian, or caregiver of a child or an entity responsible 29 for ensuring the safety of children as necessary to protect the safety of a child; 30 (12) a review panel, including a variance committee established under 31 AS 47.05.360, established by the department for the purpose of reviewing the actions 01 taken by the department in a specific case; 02 (13) the University of Alaska under the Alaska [HIGHER] education 03 savings program for children established under AS 47.14.400, but only to the extent 04 that the information is necessary to support the program and only if the information 05 released is maintained as a confidential record by the University of Alaska; 06 (14) a child placement agency licensed under AS 47.32 as necessary to 07 provide services for a child who is the subject of the case; 08 (15) a state or municipal agency of this state or another jurisdiction 09 that is responsible for delinquent minors, as may be necessary for the administration of 10 services, protection, rehabilitation, or supervision of a child or for actions by the 11 agency to protect the public safety; however, a court may review an objection made to 12 a disclosure under this paragraph; the person objecting to the disclosure bears the 13 burden of establishing by a preponderance of the evidence that disclosure is not in the 14 child's best interest; and 15 (16) a sibling of a child who is the subject of the case to allow the 16 siblings to contact each other if it is in the best interests of the child to maintain 17 contact; in this paragraph, "sibling" means an adult or minor who is related to the child 18 who is the subject of the case by blood, adoption, or marriage as a child of one or both 19 of the parents of the child who is the subject of the case; a sibling who is adopted by a 20 person other than the parent of the child who is the subject of the case remains a 21 sibling of the child. 22  * Sec. 18. AS 47.12.310(b) is amended to read: 23 (b) A state or municipal agency or employee shall disclose 24 (1) information regarding a case to a federal, state, or municipal law 25 enforcement agency for a specific investigation being conducted by that agency; 26 (2) appropriate information regarding a case to 27 (A) a guardian ad litem appointed by the court; 28 (B) a person or an agency requested by the department or the 29 minor's legal custodian to provide consultation or services for a minor who is 30 subject to the jurisdiction of the court under this chapter as necessary to enable 31 the provision of the consultation or services; 01 (C) school officials as may be necessary to protect the safety of 02 the minor who is the subject of the case and the safety of school students and 03 staff or to enable the school to provide appropriate counseling and supportive 04 services to meet the needs of a minor about whom information is disclosed; 05 (D) a governmental agency as may be necessary to obtain that 06 agency's assistance for the department in its investigation or to obtain physical 07 custody of a minor; 08 (E) a law enforcement agency of this state or another 09 jurisdiction as may be necessary for the protection, rehabilitation, or 10 supervision of any minor or for actions by that agency to protect the public 11 safety; 12 (F) a victim or to the victim's insurance company as may be 13 necessary to inform the victim or the insurance company about the arrest of the 14 minor, including the minor's name and the names of the minor's parents, copies 15 of reports, or the disposition or resolution of a case involving a minor; 16 (G) the state medical examiner under AS 12.65 as may be 17 necessary to perform the duties of the state medical examiner; 18 (H) foster parents or relatives with whom the child is placed by 19 the department as may be necessary to enable the foster parents or relatives to 20 provide appropriate care for the child who is the subject of the case, to protect 21 the safety of the child who is the subject of the case, and to protect the safety 22 and property of family members and visitors of the foster parents or relatives; 23 (I) the Department of Law or its agent for use and subsequent 24 release if necessary for collection of an order of restitution on behalf of the 25 recipient; 26 (J) the Violent Crimes Compensation Board established in 27 AS 18.67.020 for use in awarding compensation under AS 18.67.080; 28 (K) a state, municipal, or federal agency of this state or another 29 jurisdiction that has the authority to license adult or children's facilities and 30 services; 31 (L) a child placement agency licensed under AS 47.32 as 01 necessary to provide services for a minor who is subject to the jurisdiction of 02 the court under this chapter; and 03 (M) a state or municipal agency of this state or another 04 jurisdiction that is responsible for child protection services, as may be 05 necessary for the administration of services, protection, rehabilitation, or 06 supervision of a minor or for actions by the agency to protect the public safety; 07 and 08 (3) to the University of Alaska under the Alaska [HIGHER] education 09 savings program for children established under AS 47.14.400 information that is 10 necessary to support the program, but only if the information released is maintained as 11 a confidential record by the University of Alaska. 12  * Sec. 19. AS 47.14.400(a) is amended to read: 13 (a) The department shall administer a program to encourage investment by a 14 person or entity in the [HIGHER] education of eligible children in the state. The 15 program must include 16 (1) a central office, dedicated to faith-based and community services, 17 for development and marketing of the program; 18 (2) a mechanism for the department to establish and maintain an  19 education [A UNIVERSITY OF ALASKA COLLEGE] savings plan under 20 AS 14.40.802 - 14.40.817 for an eligible child who is a beneficiary of the program; 21 (3) a process for identifying donors and eligible beneficiaries; 22 (4) a process for distributing nonidentifying information about an 23 eligible beneficiary to a potential donor, including the age, sex, and general location of 24 the beneficiary, unless the information readily leads to the identification of the eligible 25 beneficiary; 26 (5) terms and conditions for participation in the program that are 27 consistent with the education [UNIVERSITY OF ALASKA COLLEGE] savings plan 28 restrictions and with federal law pertaining to [HIGHER] education savings accounts; 29 and 30 (6) a procedure for monitoring success of the program, for record 31 keeping, and for maintaining confidentiality of records as required by federal and state 01 law. 02  * Sec. 20. AS 47.14.400(b) is amended to read: 03 (b) A person is eligible for participation in the [HIGHER] education savings 04 program for children as a beneficiary if the person was ordered committed to the 05 custody of the department under AS 47.10.080(c) or AS 47.12.120(b)(1) or (3), was 06 placed in out-of-home care for not less than two years, and is a resident of the state. 07  * Sec. 21. AS 47.14.400(c) is amended to read: 08 (c) The commissioner of health and social services or the commissioner's 09 designee may name a new beneficiary to an existing education [COLLEGE] savings 10 plan established under (a) of this section if the new designation is not prohibited under 11 federal law or under the education [UNIVERSITY OF ALASKA COLLEGE] savings 12 plan and if the named beneficiary dies, fails to enroll in an eligible program before the 13 beneficiary becomes 30 years of age, or fails to meet conditions established in 14 regulations adopted by the commissioner of health and social services. 15  * Sec. 22. AS 47.14.400(e)(3) is amended to read: 16 (3) "donor" means the person or entity who contributes to the 17 [HIGHER] education savings program for children for the purpose of establishing or 18 contributing to an education [A COLLEGE] savings plan [ACCOUNT] established 19 for a child under this section; 20  * Sec. 23. AS 47.14.400(e) is amended by adding a new paragraph to read: 21 (5) "education savings plan" means an education savings program 22 established under AS 14.40.802 - 14.40.817. 23  * Sec. 24. AS 47.14.400(e)(2) is repealed.