HB 415: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00HOUSE BILL NO. 415 01 "An Act making corrective amendments to the Alaska Statutes as recommended 02 by the revisor of statutes; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.38.015(a) is amended to read: 05 (a) An individual is entitled to exemption of the following property: 06 (1) a burial plot for the individual and the individual's family; 07 (2) health aids reasonably necessary to enable the individual or a 08 dependent to work or to sustain health; 09 (3) benefits paid or payable for medical, surgical, or hospital care to 10 the extent they are or will be used to pay for the care; 11 (4) an award under AS 18.67 (Violent Crimes Compensation Board) 12 or a crime victim's reparations act of another jurisdiction; 13 (5) benefits paid or payable as a longevity bonus under AS 47.45; 14 (6) compensation or benefits paid or payable and exempt under federal
01 law; 02 (7) liquor licenses granted under AS 04; 03 (8) limited entry permits granted under AS 16.43, except as provided 04 in that chapter; 05 (9) tuition credits under an advance college tuition payment contract 06 authorized under AS 14.40.809(a); 07 (10) [THAT PORTION OF] a permanent fund dividend to the extent 08 allowed under AS 43.23.065 [EXEMPTED UNDER AS 43.23.065(a)]. 09 * Sec. 2. AS 11.41.520 is amended by adding a new subsection to read: 10 (e) In this section, "property of another" means property in which a person has 11 an interest that the defendant is not privileged to infringe, whether or not the defendant 12 also has an interest in the property and whether or not the person from whom the 13 property was obtained or withheld also obtained the property unlawfully. "Property 14 of another" does not include property in the possession of the defendant in which 15 another has only a security interest, even if legal title is in the secured party under a 16 conditional sales contract or other security agreement; in the absence of a specific 17 agreement to the contrary, the holder of a security interest in property is not privileged 18 to infringe the debtor's right of possession without the consent of the debtor. 19 * Sec. 3. AS 16.05.340(a)(23) is amended to read: 20 (23) Resident anadromous king salmon tag ............................... 10 21 A resident may not engage in sport fishing for anadromous king salmon without 22 having the current year's anadromous king salmon tag in the resident's actual 23 possession, unless that person 24 (A) qualifies for a 25 cent license fee under (1) of this 25 subsection; 26 (B) is under the age of 16; 27 (C) is 60 years of age or older and has been a resident of the 28 state for at least one year; 29 (D) is a disabled veteran eligible for a free license under 30 AS 16.05.341; or 31 (E) qualifies for a $5 license fee under (6) of this subsection.
01 * Sec. 4. AS 41.23.170 is amended to read: 02 Sec. 41.23.170. GOLDSTREAM PUBLIC USE AREA. Subject to valid 03 existing rights, the vacant and unappropriated state-owned land and water and the state 04 land and water acquired in the future that lie within the boundaries described in this 05 section are designated as the Goldstream Public Use Area, are reserved for all uses 06 compatible with their primary function as public use land, and are assigned to the 07 department [COMMISSIONER] for control and management: 08 (1) Township 1 North, Range 1 West, Fairbanks Meridian 09 Section 2: Lots 7 - 8 west of the centerline of 10 Goldstream Road, Lot 11 Lots 9 - 10 11 Section 3: Lots 5 - 13 12 Section 4: Lots 9 - 11 13 Section 5: SW1/4SW1/4 14 Section 7: Lot 4, S1/2NE1/4, NE1/4SE1/4, S1/2SE1/4 15 Section 8: E1/2, NE1/4NW1/4, S1/2NW1/4, SW1/4 16 Section 9: Lots 1 - 2, E1/2NE1/4, SW1/4NE1/4, W1/2NW1/4, 17 SE1/4NW1/4, SW1/4, W1/2NE1/4SE1/4, NW1/4SE1/4 18 Section 10: NW1/4NW1/4 19 Section 11: Lots 1 - 5 20 Section 12: Lots 2 - 3 21 Section 17: NW1/4NW1/4 22 Section 18: N1/2NE1/4, SW1/4NE1/4, W1/2SE1/4NE1/4, 23 NE1/4SE1/4SE1/4NE1/4, SE1/4NW1/4, NE1/4SW1/4, SE1/4; 24 (2) Township 1 North, Range 2 West, Fairbanks Meridian 25 Section 13: SE1/4, E1/2E1/2E1/2SW1/4 26 Section 23: NE1/4SW1/4, W1/2SE1/4, W1/2SE1/4SE1/4, 27 SE1/4SE1/4SE1/4, W1/2NE1/4SE1/4SE1/4 28 Section 24: E1/2 29 Section 26: W1/2W1/2NW1/4NW1/4 30 Section 27: N1/2NE1/4NE1/4, SE1/4NE1/4NE1/4, 31 E1/2SW1/4NE1/4NE1/4.
01 * Sec. 5. AS 41.23.620 is amended to read: 02 Sec. 41.23.620. CARIBOU CREEK RECREATIONAL MINING AREA. The 03 vacant and unappropriated state-owned land and water and the state land and water 04 acquired in the future that lie within 100 feet of either ordinary high water or mean 05 high tide of the banks of the creeks or rivers described in this section are designated 06 as the Caribou Creek Recreational Mining Area, are reserved from all uses 07 incompatible with the purposes of AS 41.23.600, and are assigned to the department 08 [COMMISSIONER] for control and management: 09 Township 20 North, Range 10 East, Seward Meridian 10 (1) That portion of Caribou Creek located in 11 Section 28: W1/2 12 Section 29: E1/2 13 (2) That portion of the Matanuska River located in 14 Section 32: SE1/4 15 Section 33: NE1/4, NW1/4, SW1/4. 16 * Sec. 6. AS 42.45.110(c) is amended to read: 17 (c) The amount of power cost equalization provided per kilowatt-hour under 18 (b) of this section may not exceed 95 percent of the power costs, or the average rate 19 per eligible kilowatt-hour sold, whichever is less, as determined by the commission 20 [DEPARTMENT]. However, 21 (1) during the state fiscal year that began July 1, 1993, the power costs 22 for which power cost equalization were paid to an electric utility were limited to 23 minimum power costs of more than 9.5 cents per kilowatt-hour and less than 52.5 24 cents per kilowatt-hour; 25 (2) during each following state fiscal year, the commission 26 [DEPARTMENT] shall adjust the power costs for which power cost equalization may 27 be paid to an electric utility based on the weighted average retail residential rate in 28 Anchorage, Fairbanks, and Juneau; and 29 (3) the power cost equalization per kilowatt-hour may be determined 30 for a utility without historical kilowatt-hour sales data by using kilowatt-hours 31 generated.
01 * Sec. 7. AS 42.45.110(e) is amended to read: 02 (e) The power cost equalization program shall be administered by the 03 department based on a determination by the commission [DEPARTMENT] under (a) 04 and (c) of this section of power cost equalization per kilowatt-hour for each eligible 05 electric utility. 06 * Sec. 8. AS 42.45.110(f) is amended to read: 07 (f) The department may not deny an eligible electric utility power cost 08 equalization because complete cost information is not available. The commission 09 [DEPARTMENT] shall assist an eligible electric utility that is exempt from rate 10 regulation under AS 42.05 to provide the cost information the commission 11 [DEPARTMENT] considers necessary to comply with AS 42.45.100 - 42.45.150. 12 Only power costs that are supportable may be considered in calculating power cost 13 equalization. Each electric utility is responsible for keeping records that provide the 14 information necessary to comply with AS 42.45.100 - 42.45.150 including records of 15 monthly kilowatt-hour sales or generation, monthly fuel balances, fuel purchases, and 16 monthly utility fuel consumption. 17 * Sec. 9. AS 42.45.110(g) is amended to read: 18 (g) The commission [DEPARTMENT] shall determine the cost of fuel for 19 each eligible electric utility using the procedure for approving fuel cost rate 20 adjustments of electric utilities subject to rate regulation under AS 42.05. 21 * Sec. 10. AS 42.45.110(h) is amended to read: 22 (h) Each electric utility receiving power cost equalization approved by the 23 commission [DEPARTMENT] shall 24 (1) report monthly to the department within the time and in the form 25 the department requires; and 26 (2) use operational equipment designed to meter individual utility 27 customer power consumption and to determine and record the utility's overall fuel 28 consumption. 29 * Sec. 11. AS 42.45.130(a) is amended to read: 30 (a) In order to qualify for power cost equalization, each electric utility shall 31 make every reasonable effort to minimize administrative, operating, and overhead
01 costs, including using the best available technology consistent with sound utility 02 management practices. In reviewing applications for power cost equalization, the 03 commission [DEPARTMENT] may require the elimination of unnecessary operating 04 expenses. Each eligible electric utility shall cooperate with appropriate state agencies 05 to implement cost-effective energy conservation measures and to plan for and 06 implement feasible alternatives to diesel generation. 07 * Sec. 12. AS 42.45.160(b) is amended to read: 08 (b) An electric utility that is eligible to receive power cost equalization under 09 this section and that receives power cost equalization per kilowatt-hour approved by 10 the commission [DEPARTMENT] shall report monthly to the department within the 11 time and in the form the department requires. An electric utility shall report 12 (1) the power cost equalization per kilowatt-hour approved by the 13 commission [DEPARTMENT]; 14 (2) the total kilowatt-hours sold to each class of customer during the 15 preceding month; 16 (3) the total kilowatt-hours eligible for power cost equalization under 17 this section sold to each class of customer during the preceding month; 18 (4) the total kilowatt-hours generated during the preceding month, if 19 available; 20 (5) any commission [DEPARTMENT] approved amendments to the 21 schedule of rates in effect during the preceding month; and 22 (6) an increase or decrease in the current unit price of fuel from the 23 base price used by the commission [DEPARTMENT] in determining power costs if 24 the change is expected to result in a subsequent power cost equalization adjustment. 25 * Sec. 13. AS 42.45.170(a) is amended to read: 26 (a) An electric utility that is not subject to rate regulation by the Alaska Public 27 Utilities Commission under AS 42.05 may receive power cost equalization if the utility 28 is otherwise eligible for equalization assistance under AS 42.45.100 - 42.45.150 and 29 if the utility 30 (1) files with the commission [DEPARTMENT] financial data 31 necessary to determine the power cost equalization per kilowatt-hour as prescribed by
01 the commission [DEPARTMENT] and that is in compliance with AS 42.45.100 - 02 42.45.150; 03 (2) reports monthly to the department, within the time and in the form 04 required, the information required in (b) of this section; 05 (3) sets rates 06 (A) that consider the power cost equalization provided under 07 AS 42.45.100 - 42.45.150 by subtracting from its revenue requirements for 08 electric services the power cost equalization per kilowatt-hour that it is eligible 09 to receive; and 10 (B) under which the power cost equalization provided in 11 AS 42.45.060 - 42.45.110 is applied as a credit only against the cost of 12 kilowatt-hours eligible for equalization assistance under AS 42.45.100 - 13 42.45.150 that are consumed by each customer in any month; 14 (4) allows audits that the commission [DEPARTMENT] determines are 15 necessary to ensure compliance with this section; and 16 (5) furnishes its electric service customers eligible under this program 17 a notice as specified in AS 42.45.120. 18 * Sec. 14. AS 42.45.170(b) is amended to read: 19 (b) An electric utility that is eligible to receive power cost equalization under 20 this section shall report in accordance with (a)(2) of this section 21 (1) the power cost equalization per kilowatt-hour approved by the 22 commission [DEPARTMENT]; 23 (2) the total kilowatt-hours sold to each class of customer during the 24 preceding month; 25 (3) the total kilowatt-hours eligible for power cost equalization under 26 this section sold to each class of customer during the preceding month; 27 (4) the total kilowatt-hours generated during the preceding month, if 28 available; 29 (5) any amendments to the schedule of rates in effect during the 30 preceding month; and 31 (6) an increase or decrease in the current unit price of fuel from the
01 base price used by the commission [DEPARTMENT] in determining power costs if 02 the change is expected to result in a subsequent equalization assistance level 03 adjustment. 04 * Sec. 15. AS 42.45.170(c) is amended to read: 05 (c) An electric utility that is eligible to receive power cost equalization under 06 this section may have its power cost equalization per kilowatt-hour determination 07 changed by the commission [DEPARTMENT] if the [DEPARTMENT] 08 (1) commission has verified an increase or decrease in the electric 09 utility's cost of fuel; 10 (2) commission has verified an increase in rates based on an increase 11 in costs; 12 (3) department has discovered, in reviewing the monthly data 13 submitted by the electric utility, discrepancies that require adjustment of the power cost 14 equalization; or 15 (4) department determines that appropriations are insufficient to 16 finance full payments to eligible electric utilities. 17 * Sec. 16. AS 44.66.010(a)(12) is amended to read: 18 (12) Alaska Human Relations [WOMEN'S] Commission 19 (AS 44.19.600) - June 30, 1993; 20 * Sec. 17. AS 47.10.060(d) is amended to read: 21 (d) A minor is unamenable to treatment under this chapter if the minor 22 probably cannot be rehabilitated by treatment under this chapter before reaching 20 23 years of age. In determining whether a minor is unamenable to treatment, the court 24 may consider the seriousness of the offense the minor is alleged to have committed, 25 the minor's history of delinquency, the probable cause of the minor's delinquent 26 behavior, and the facilities available to the department [DIVISION OF YOUTH AND 27 ADULT AUTHORITY] for treating the minor. 28 * Sec. 18. AS 37.05.140(b), 37.05.140(c), and AS 46.03.825(g)(3) are repealed. 29 * Sec. 19. Sections 6 - 15 of this Act are retroactive to August 11, 1993. 30 * Sec. 20. This Act takes effect immediately under AS 01.10.070(c).