CSSB 365(STA): "An Act relating to the improvement of state finances and fiscal accountability by increasing fees, by collecting additional revenue, by reducing certain program expenditures by changing services or eligibility requirements for programs, by changing certain statutory limitation periods, by providing for use of certain electronic records, by making changes to state agency functions or procedures including certain reporting and planning procedures, and by authorizing extensions for state leases for real property if certain savings can be achieved; and providing for an effective date."
00CS FOR SENATE BILL NO. 365(STA) 01 "An Act relating to the improvement of state finances and fiscal accountability 02 by increasing fees, by collecting additional revenue, by reducing certain program 03 expenditures by changing services or eligibility requirements for programs, by 04 changing certain statutory limitation periods, by providing for use of certain 05 electronic records, by making changes to state agency functions or procedures 06 including certain reporting and planning procedures, and by authorizing extensions 07 for state leases for real property if certain savings can be achieved; and 08 providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. PURPOSE OF SEC. 3 OF THIS ACT. The purpose of sec. 3 of this Act is 11 to validate and affirm the longstanding practice in this state that the doctrine of nonmutual 12 collateral estoppel does not apply against the state concerning issues of criminal or civil law 13 in the trial courts of this state. It is also the intent of the legislature to expressly override the 14 decision in State of Alaska v. United Cook Inlet Drift Association, S-4966/4967 (February 18,
01 1994), thereby affirming the validity of this past practice. The intent of sec. 3 of this Act is 02 to avoid additional court costs and the need for additional attorneys in the Department of Law 03 to pursue appeals because of this decision, even though a particular case may not intrinsically 04 warrant appeal or clearly present the legal issue for the court's consideration. The intent also 05 is to reduce unanticipated state liability resulting from adverse trial court decisions, not 06 appealed, that bind the state due to the doctrine of nonmutual collateral estoppel. 07 * Sec. 2. AS 04.06.100(b) is amended to read: 08 (b) The subjects covered by regulations adopted under (a) of this section may 09 include [, BUT ARE NOT LIMITED TO,] the following matters: 10 (1) employment, conduct, and duties of the director and of regular and 11 contractual employees of the board; 12 (2) procedures for the issuance, denial, renewal, transfer, revocation, 13 and suspension of licenses and permits; 14 (3) terms and conditions of licenses and permits issued; 15 (4) fees for licenses and permits issued for which no fees are prescribed 16 by statute; 17 (5) conduct of regular and special meetings of the board; 18 (6) delegation to the director of routine administrative functions and 19 powers; 20 (7) the temporary granting or denial of issuance, transfer, and renewal 21 of licenses; 22 (8) manner of giving any notice required by law or regulation when not 23 provided for by statute; 24 (9) requirements relating to the qualifications of licensees, the 25 conditions upon which a license may be issued, the accommodations of licensed 26 premises, and board inspection of those premises; 27 (10) making of reports by wholesalers; 28 (11) purchase of fidelity bonds by the state for the director and the 29 employees of the board; 30 (12) prohibition of possession of alcoholic beverages by drunken 31 persons and by minors;
01 (13) required reports from corporations licensed under this title, 02 including reports of stock ownership and transfers and changes of officers and 03 directors; 04 (14) creation of classifications of licenses or permits not provided for 05 in this title; 06 (15) establishment and collection of fees to be paid on application for 07 a license, a [OR] permit, or an approval of an alcohol server education course; 08 (16) required reports from partnerships and limited partnerships licensed 09 under this title, including reports of transferred interests of 10 percent or more. 10 * Sec. 3. AS 09.50 is amended by adding a new section to article 4 to read: 11 Sec. 09.50.305. ABOLISHMENT OF NONMUTUAL COLLATERAL 12 ESTOPPEL AGAINST THE STATE. The doctrine of nonmutual collateral estoppel 13 is abolished in the courts of this state as applied against the state relating to trial court 14 decisions. 15 * Sec. 4. AS 18.70.080(b) is amended to read: 16 (b) The commissioner of public safety may establish by regulation and the 17 department may charge reasonable fees for 18 (1) fire and life safety plan checks made to determine compliance with 19 regulations adopted under (a)(2) of this section; and 20 (2) permits issued under regulations adopted under this chapter. 21 * Sec. 5. AS 18.72.010(b) is amended to read: 22 (b) A person desiring to use dangerous fireworks for industrial, agricultural, 23 wildlife control, or public display purposes shall first comply with the permit 24 requirements of the fire safety code. The department may charge fees established 25 in regulations for a permit issued under this subsection. 26 * Sec. 6. AS 18.72.020(a) is amended to read: 27 (a) A person holding a permit required by the fire safety code may sell or offer 28 for sale salable fireworks, if 29 (1) the person has submitted to the state fire marshal a policy, or a 30 certified true copy of a policy, of public liability and products liability insurance, 31 including both accident and occurrence coverage, provided by the wholesale company
01 selling fireworks to the person, in the amount of at least $200,000 for bodily injury or 02 death and at least $50,000 property damage and the person is named as an insured 03 party upon the policy and the policy is continuously in force while the person is 04 engaged in the retail sale of fireworks; and 05 (2) an endorsement fee in an amount established in regulations 06 adopted by the department [OF $10] is paid to the state fire marshal for an 07 endorsement that is valid for two years or portions of two years during which the 08 permit holder is engaged in the retail sale of fireworks. 09 * Sec. 7. AS 18.72.030(a) is amended to read: 10 (a) A person who desires to sell fireworks at wholesale in the state shall first 11 make verified application for a license to the state fire marshal on forms provided by 12 the state fire marshal. The application shall be accompanied by an annual license fee 13 established in regulations adopted by the department [OF $50]. 14 * Sec. 8. AS 19.10.140 is amended to read: 15 Sec. 19.10.140. LONG-RANGE PROGRAM FOR HIGHWAY 16 CONSTRUCTION [AND MAINTENANCE]. The [GOVERNOR SHALL REQUIRE 17 THE] department shall [TO] establish a continuing, long-range program for highway 18 construction [AND MAINTENANCE]. The program must annually project proposed 19 construction [AND MAINTENANCE] of highways in a priority format for not less 20 than the next succeeding five years. A statement of the program shall be submitted 21 by the governor to the legislature annually [, AND THE LONG-RANGE PROGRAM 22 SHALL INCLUDE IN DETAIL THE PROGRAM PREPARED UNDER 23 AS 19.10.150]. 24 * Sec. 9. AS 19.10.150 is amended to read: 25 Sec. 19.10.150. CONSTRUCTION PROGRAM. Before February 2 of each 26 year, the department shall prepare a statement showing what construction work has 27 been requested and proposed and may be undertaken by the department during the 28 following construction season. The statement must set forth a general itemization of 29 the estimated cost for each project and the total estimates of all projects. [THE 30 DEPARTMENT SHALL ADOPT A CONSTRUCTION PROGRAM WHICH MUST 31 INCLUDE THE PROJECTS TO BE UNDERTAKEN BY IT DURING THE
01 FOLLOWING CONSTRUCTION SEASON AND MUST ESTABLISH PROJECT 02 PRIORITIES.] The department may increase, decrease, amend, or revise the 03 construction program from time to time as circumstances warrant. 04 * Sec. 10. AS 19.10.160 is amended to read: 05 Sec. 19.10.160. STANDARD DRAWINGS [PLANS] AND 06 SPECIFICATIONS. The department may [SHALL] prepare and adopt uniform 07 standard drawings [PLANS] and specifications for the establishment and [,] 08 construction [, AND MAINTENANCE] of highways in the state. The department may 09 amend the drawings [PLANS] and specifications as it considers advisable. [THE 10 STANDARDS MUST CONFORM AS CLOSELY AS PRACTICABLE TO THOSE 11 ADOPTED BY THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND 12 TRANSPORTATION OFFICIALS.] 13 * Sec. 11. AS 28.05.061(c) is amended to read: 14 (c) The commissioner and officers and employees of the department designated 15 by the commissioner shall, upon request, prepare under the seal of the department and 16 deliver, unless otherwise prohibited by law, a certified copy of any record of the 17 department maintained under this title or regulations adopted under this title, charging 18 a fee for each certified copy. A certified copy, or an electronic record certified by 19 the department, is admissible in a proceeding in a court in the same manner as the 20 original document. 21 * Sec. 12. AS 28.05.121 is amended to read: 22 Sec. 28.05.121. GIVING OF NOTICE. When the department is authorized or 23 required to give notice under this title or regulations adopted under this title, unless a 24 different method of giving notice is otherwise expressly provided, notice shall be given 25 by a qualified person, either by personal delivery to the person to be notified or by 26 first class [REGISTERED OR CERTIFIED] mail, [RETURN RECEIPT 27 REQUESTED,] addressed to the person at the address of the person as shown in the 28 electronic records of the department. The giving of notice by mail is considered 29 complete upon placing the notice in a United States Post Office receptacle, with 30 appropriate postage [THE RETURN OF THE RECEIPT OR UPON RETURN OF 31 THE NOTICE AS UNDELIVERABLE, REFUSED, OR UNCLAIMED]. Proof of the
01 giving of notice in either manner may be made by the affidavit of the person giving 02 the notice by personal delivery or by mail, naming the person to whom the notice was 03 given and specifying the time, place, and manner of giving the notice. 04 * Sec. 13. AS 28.05.141(b) is amended to read: 05 (b) A hearing ordered under (a) of this section shall be held telephonically at 06 a time and date set by [AT THE OFFICE OF] the department, except that if the 07 department determines that an in-person hearing is necessary to determine factual 08 issues, the department may order that the hearing be conducted in person at a 09 place, time, and date set by the department [NEAREST TO THE RESIDENCE OF 10 THE PERSON REQUESTING THE HEARING UNLESS THE DEPARTMENT AND 11 THE PERSON AGREE THAT THE HEARING IS TO BE HELD ELSEWHERE]. 12 The department may [SHALL] grant a hearing delay only if the person shows, to the 13 satisfaction of the department, [PRESENTS] good cause for the delay that is beyond 14 the control of the person. If a person fails to appear for the hearing at the time and 15 place stated by the department and if a hearing delay has not been granted, the 16 person's failure to appear is considered a waiver of the hearing and the department 17 may take appropriate action with respect to the person. 18 * Sec. 14. AS 28.10.031(b) is amended to read: 19 (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by 20 the dealer a temporary permit to drive the vehicle. A permit is effective for a period 21 not to exceed 60 [30] days. The commissioner shall adopt regulations governing the 22 issuance of permits under this section. 23 * Sec. 15. AS 28.10.108(c) is amended to read: 24 (c) A vehicle subject to registration [AND NOT DESCRIBED IN (b) OF THIS 25 SECTION] shall have its initial registration, and may have its annual registration, 26 renewed in the month of initial registration in the state, subject to the provisions of (f) 27 of this section. 28 * Sec. 16. AS 28.15.166(e) is amended to read: 29 (e) The [NOTWITHSTANDING AS 28.05.141(b), THE] hearing under this 30 section shall be held telephonically at a time and date set by [AT THE OFFICE OF] 31 the department, except that if the department determines that an in-person hearing
01 is necessary to determine factual issues, the department may order that the 02 hearing be conducted in person at a place, time, and date set by the department 03 [NEAREST TO THE RESIDENCE OF THE PERSON REQUESTING THE 04 HEARING UNLESS 05 (1) A DISTRICT COURT JUDGE OR A MAGISTRATE HAS BEEN 06 DESIGNATED AS A HEARING OFFICER IN THE MATTER BY THE 07 COMMISSIONER; OR 08 (2) THE DEPARTMENT AND THE PERSON AGREE THAT THE 09 HEARING IS TO BE HELD ELSEWHERE]. 10 * Sec. 17. AS 28.15.166(f) is amended to read: 11 (f) A review under this section shall be held before a hearing officer 12 designated by the commissioner. [UPON THE CONSENT OF THE 13 ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE 14 COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A 15 MAGISTRATE TO SERVE AS THE HEARING OFFICER.] The hearing officer shall 16 have authority to 17 (1) administer oaths and affirmations; 18 (2) examine witnesses and take testimony; 19 (3) receive relevant evidence; 20 (4) issue subpoenas, take depositions, or cause depositions or 21 interrogatories to be taken; 22 (5) regulate the course and conduct of the hearing; 23 (6) make a final ruling on the issue. 24 * Sec. 18. AS 28.20.050(a) is amended to read: 25 (a) The provisions of this chapter requiring deposit of security and suspension 26 for failure to deposit security apply to the driver and owner of a vehicle subject to 27 registration under the laws of this state that is involved in any manner in an accident 28 in this state resulting in bodily injury to or death of a person or damage to the property 29 of any one person exceeding $1,000 [$500]. 30 * Sec. 19. AS 28.20.050(e) is amended to read: 31 (e) A peace officer investigating an accident that results in bodily injury to or
01 the death of a person or damage to the property of a person exceeding $1,000 [$500] 02 shall inform persons involved in the accident in writing of the requirements of this 03 chapter as they apply to suspension of an operator's license or driving privileges. 04 * Sec. 20. AS 28.20.100(c) is amended to read: 05 (c) If the department evaluates the injuries or damage to a minor in an amount 06 not more than $1,000 [$500], the department may accept, for the purposes of this 07 chapter only, evidence of a release from liability executed by a natural or legal 08 guardian on behalf of the minor without court approval. 09 * Sec. 21. AS 28.20.230(a) is amended to read: 10 (a) The provisions of this chapter requiring the deposit of proof of financial 11 responsibility for the future apply to persons who are convicted of or forfeit bail for 12 certain offenses under motor vehicle laws or who, by ownership or operation of a 13 vehicle of a type subject to registration under AS 28.10, are involved in an accident 14 in this state that results in bodily injury or death of a person or damage to the property 15 of any one person exceeding $1,000 [$500]. 16 * Sec. 22. AS 28.20.260(a) is amended to read: 17 (a) Upon receipt by the department of the report of an accident resulting in 18 bodily injury or death, or property damage to any one person exceeding $1,000 [$500], 19 the department shall suspend the license of the driver of a motor vehicle involved in 20 the accident unless the driver or owner 21 (1) has previously furnished or immediately furnishes security required 22 by this chapter, or is excepted from furnishing security under AS 28.20.060; [,] and 23 (2) maintains proof of financial responsibility for three years following 24 the accident. 25 * Sec. 23. AS 28.22.021 is amended to read: 26 Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE 27 LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have 28 motor vehicle liability insurance that complies with this chapter or a certificate of 29 self-insurance that complies with AS 28.20.400, shall show proof of this insurance 30 when that person is involved in an accident that results in bodily injury to or death of 31 a person, or damage to the property of a person exceeding $1,000 [$500].
01 * Sec. 24. AS 28.22.041(a) is amended to read: 02 (a) If [EXCEPT AS PROVIDED IN (h) OF THIS SECTION, IF] a person 03 fails to provide proof required under AS 28.22.021 and 28.22.031, the department shall 04 suspend the driver's license of that person for the following periods: 05 (1) not less than 90 days if, within the preceding 10 years, the person 06 has not had a driver's license suspended for violation of AS 28.22.011 or former 07 AS 28.22.200; 08 (2) not less than one year if, within the preceding 10 years, the person 09 has had a driver's license suspended one or more times for violation of AS 28.22.011 10 or former AS 28.22.200. 11 * Sec. 25. AS 28.35.080(a) is amended to read: 12 (a) 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 immediately by the quickest means of communication give notice of the 15 accident to the local police department if the accident occurs within a municipality, 16 otherwise to the Department of Public Safety. 17 * Sec. 26. AS 28.35.080(b) is amended to read: 18 (b) The driver of a vehicle involved in an accident resulting in bodily injury 19 to or death of a person or total property damage to an apparent extent of $1,000 [$500] 20 or more shall, within 10 days after the accident, forward a written report of the 21 accident to the Department of Public Safety and to the local police department if the 22 accident occurs within a municipality. A report is not required under this subsection 23 if the accident is investigated by a peace officer. 24 * Sec. 27. AS 33.30.011 is amended to read: 25 Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 26 (1) establish, maintain, operate, and control correctional facilities 27 suitable for the custody, care, and discipline of persons charged or convicted of 28 offenses against the state or held under authority of state law; 29 (2) classify prisoners; 30 (3) for persons committed to the custody of the commissioner, establish 31 programs, including furlough programs that are reasonably calculated to
01 (A) protect the public; 02 (B) maintain health; 03 (C) create or improve occupational skills; 04 (D) enhance educational qualifications; 05 (E) support court-ordered restitution; and 06 (F) otherwise provide for the rehabilitation and reformation of 07 prisoners, facilitating their reintegration into society; 08 (4) provide necessary medical services for prisoners in state 09 correctional facilities or to fulfill duties under AS 33.30.071 [WHO ARE 10 COMMITTED BY A COURT TO THE CUSTODY OF THE COMMISSIONER], 11 including examinations for communicable and infectious diseases, if a physician or 12 other health care provider, exercising ordinary skill and care at the time of 13 observation, concludes that 14 (A) a prisoner exhibits symptoms of a serious disease or 15 injury that is curable or may be substantially alleviated; and 16 (B) the potential for harm to the prisoner by reason of delay 17 or denial of care is substantial; 18 (5) provide necessary psychological or psychiatric treatment if a 19 physician or other health care provider, exercising ordinary skill and care at the time 20 of observation, concludes that 21 (A) a prisoner exhibits symptoms of a serious disease or injury 22 that is curable or may be substantially alleviated; and 23 (B) the potential for harm to the prisoner by reason of delay or 24 denial of care is substantial; and 25 (6) establish minimum standards for sex offender treatment programs 26 offered to persons who are committed to the custody of the commissioner. 27 * Sec. 28. AS 33.30.011 is amended by adding a new subsection to read: 28 (b) The commissioner is authorized to seek payment for medical, 29 psychological, psychiatric, or other services provided under (a) of this section from any 30 source, including the prisoner, the prisoner's health insurance carrier, or any other 31 third-party insurer or payor to cover the services provided by the commissioner on
01 behalf of the prisoner. The duty established under (a) of this section does not relieve 02 the prisoner or any other person from a duty established by law, contract, or other 03 agreement to pay for or provide the services. The department shall adopt regulations 04 to interpret and implement this subsection. 05 * Sec. 29. AS 36.30 is amended by adding a new section to read: 06 Sec. 36.30.085. LEASE EXTENSIONS AUTHORIZED. (a) Notwithstanding 07 AS 36.30.080, the department may extend for up to a maximum extension of 10 years 08 a real property lease that is entered into under this chapter or was entered into under 09 former AS 37.05.220 - 37.05.280 and that is in existence as of June 30, 1994 if a 10 minimum cost savings of 11 (1) 10 percent can be achieved on the rent due under the lease; or 12 (2) five percent can be achieved on the rent due under the lease and the 13 lessor agrees to make modifications to the leased real property to bring the real 14 property into compliance with the requirements of 42 U.S.C. 12101 - 12213 15 (Americans with Disabilities Act of 1990). 16 (b) The cost savings under (a) of this section shall be calculated on the 17 remaining term of the lease and any renewals, including extensions allowed under (a) 18 of this section. 19 (c) In accordance with AS 36.30.005, the Board of Regents may extend leases 20 for the University of Alaska to the same extent as the department under this section. 21 (d) In accordance with AS 36.30.030, the court system may extend leases for 22 the court system to the same extent as the department under this section. 23 * Sec. 30. AS 36.30.320(a) is amended to read: 24 (a) A procurement for (1) supplies, services, or construction that does not 25 exceed an aggregate dollar amount of $25,000, or (2) lease of space that does not 26 exceed 2,500 square feet with a monthly lease amount that does not exceed $5,000, 27 may be made in accordance with regulations adopted by the commissioner for small 28 procurements. 29 * Sec. 31. AS 37.05.180 is repealed and reenacted to read: 30 Sec. 37.05.180. TIME LIMITATION ON PAYMENT OF WARRANTS. A 31 warrant upon the state treasury must be presented for payment to the Department of
01 Revenue within one year after the date of its issuance. 02 * Sec. 32. AS 37.07.040 is amended to read: 03 Sec. 37.07.040. OFFICE OF MANAGEMENT AND BUDGET. The Alaska 04 office of management and budget shall 05 (1) assist the governor in the preparation and explanation of the 06 proposed comprehensive program and financial plan, including the coordination and 07 analysis of state agency goals and objectives, plans, and budget requests; 08 (2) prepare for submission to the governor an annually updated multi-year [SIX-YEAR] capital improvements 09 program in either a fiscal year or priority 10 format and the proposed capital improvements budget for the coming fiscal year [, 11 THE LATTER TO INCLUDE INDIVIDUAL PROJECT JUSTIFICATION WITH 12 DOCUMENTATION OF ESTIMATED PROJECT COST]; 13 (3) develop procedures to produce the information needed for effective 14 policy decision making, including procedures to provide for the dissemination of 15 information about plans, programs, and budget requests to be included in the annual 16 budget and opportunity for public review and comment during the period of budget 17 preparation; 18 (4) assist state agencies in their statement of goals and objectives, 19 preparation of plans, budget requests, and reporting of program performance; all 20 documents forwarded by the office to a state agency containing instructions for the 21 preparation of program plans and budget requests and the reporting of program 22 performance are public information after the date they are forwarded; 23 (5) administer its responsibilities under the program execution 24 provisions of this chapter so that the policy decisions and budget determinations of the 25 governor and the legislature are implemented; 26 (6) provide the legislative finance division with the budget information 27 it may request; 28 (7) provide the legislative finance division with an advance copy of the 29 governor's budget workbooks by the first Monday in January of each year, except that 30 following a gubernatorial election year the advance copy shall be provided by the 31 second Monday in January;
01 (8) prepare the proposed capital improvements budget for the coming 02 fiscal year evaluating both state and local requests from the standpoint of need, equity, 03 and priorities of the jurisdiction; other factors such as project amounts, population, 04 local financial match, federal funds being used for local match, municipality or 05 unincorporated community acceptance of the facility, and all associated costs of the 06 facility may be considered. 07 * Sec. 33. AS 37.07.060 is amended by adding a new subsection to read: 08 (c) The reporting requirements of (b)(3) of this section are modified with 09 respect to the Department of Transportation and Public Facilities. The governor's 10 report must contain, for that department, the governor's construction program for the 11 succeeding construction season, budget recommendations for the succeeding fiscal 12 year, and capital improvements construction program for the succeeding six fiscal 13 years, which must include 14 (1) a general description of each project and the source of financing for 15 the project; and 16 (2) the information required by (b)(3)(B) - (H) of this section. 17 * Sec. 34. AS 37.25.010(b) is amended to read: 18 (b) An indebtedness arising from a prior year for which the appropriation has 19 lapsed shall be paid from the current year's appropriations, if 20 (1) this expenditure does not exceed the balance lapsed; and 21 (2) the original obligation date is not more than four [TWO] years 22 from the requested date of disbursement. 23 * Sec. 35. AS 39.20.250(a) is amended to read: 24 (a) Terminal leave for unused personal leave shall be allowed upon separation 25 from service. The payment equals the personal leave balance at the date of 26 separation multiplied by the officer's or employee's rate of pay at the date of 27 separation expressed on an hourly basis [COMPENSATION THAT THE OFFICER 28 OR EMPLOYEE WOULD HAVE RECEIVED IF THE OFFICER OR EMPLOYEE 29 HAD REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD 30 OF UNUSED PERSONAL LEAVE]. A payment of terminal leave to an employee 31 shall be made as a lump sum payment [OR IN INSTALLMENTS OVER A PERIOD
01 OF TIME, AS THE EMPLOYEE ELECTS]. 02 * Sec. 36. AS 44.42.050(a) is amended to read: 03 (a) The commissioner may [SHALL] develop [ANNUALLY] a 04 comprehensive, intermodal, long-range transportation priority list and plan for the 05 state consistent with applicable federal laws. [IN DEVELOPING AND REVISING 06 THE STATE PLAN, THE COMMISSIONER SHALL CONSIDER MEANS AND 07 COSTS OF IMPROVING EXISTING MODES AND FACILITIES, STATE AND 08 FEDERAL SUBSIDIES, AND THE COSTS AND BENEFITS OF NEW 09 TRANSPORTATION MODES AND FACILITIES. THE COMMISSIONER SHALL 10 ALSO CONSIDER THE RECOMMENDATION OF THE ALASKA 11 TRANSPORTATION PLANNING COUNCIL.] The plan shall be submitted to the 12 governor for review and approval and submitted by the governor to the legislature. 13 * Sec. 37. AS 44.42.050(b) is amended to read: 14 (b) In developing and revising the plan, the commissioner shall seek public 15 review and evaluation consistent with applicable federal statutes and regulations 16 [BY ANY REASONABLE MEANS AND MAY 17 (1) CONSULT AND COOPERATE WITH OFFICIALS AND 18 REPRESENTATIVES OF THE FEDERAL GOVERNMENT, OTHER 19 GOVERNMENTS, INTERSTATE COMMISSIONS AND AUTHORITIES, LOCAL 20 AGENCIES AND AUTHORITIES, INTERESTED CORPORATIONS AND OTHER 21 ORGANIZATIONS CONCERNING PROBLEMS AFFECTING TRANSPORTATION 22 IN THE STATE; AND 23 (2) REQUEST FROM AN AGENCY OR OTHER UNIT OF THE 24 STATE GOVERNMENT OR OF A POLITICAL SUBDIVISION OF IT, OR FROM 25 A PUBLIC AUTHORITY, THE ASSISTANCE AND DATA THAT MAY BE 26 NECESSARY TO ENABLE THE COMMISSIONER TO CARRY OUT 27 RESPONSIBILITIES UNDER THIS SECTION; EVERY SUCH ENTITY SHALL 28 PROVIDE THE ASSISTANCE AND DATA REQUESTED]. 29 * Sec. 38. AS 44.46.025(a) is amended to read: 30 (a) The Department of Environmental Conservation may adopt regulations that 31 prescribe reasonable fees, and establish procedures for the collection of the fees, to
01 cover the applicable direct costs, not including travel, of inspections, permit 02 preparation and administration, plan review and approval, and other services provided 03 by the department relating to 04 (1) agriculture and animals under AS 03.05; food, drugs, and cosmetics 05 under AS 17.20; and public accommodations and facilities under AS 18.35; 06 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 07 46.14.510; 08 (3) sewerage system and treatment works and wastewater disposal 09 systems, and drinking water systems, under AS 46.03.720; 10 (4) oil discharge financial responsibility under AS 46.04.040; 11 (5) oil discharge contingency plans under AS 46.04.030; 12 (6) water and wastewater operator training under AS 46.30; 13 (7) control of solid waste facilities under AS 46.03.020(10) and 14 46.03.100; 15 (8) certification of laboratories conducting environmental analyses of 16 public drinking water systems or of oil or hazardous substances, or conducting other 17 analyses required by the department; 18 (9) certification of federal permits or authorizations under 33 U.S.C. 19 1341, sec. 401 (Clean Water Act); 20 (10) regulating pesticides and broadcast chemicals under 21 AS 46.03.320; 22 (11) the on-site water and sewer system certification and audit 23 program under AS 46.03.026; 24 (12) plans for sewage and industrial waste disposal or treatment 25 under AS 46.03.090; 26 (13) analysis of public water system samples authorized for 27 submission to the department for analysis if no commercial laboratory in the state 28 is certified for the analysis and holding times are too short to send the samples 29 to an out of state laboratory; 30 (14) regulating motor vehicle fuels to control emissions under 31 AS 46.14.510.
01 * Sec. 39. AS 44.47.050(a) is amended by adding a new paragraph to read: 02 (21) adopt regulations relating to head start programs to maximize the 03 state's ability to administer and enforce program requirements, for fiscal accountability. 04 * Sec. 40. AS 44.47.280 is amended to read: 05 Sec. 44.47.280. ELIGIBILITY OF FAMILIES FOR BENEFITS. The 06 department shall determine the eligibility of families for day care benefits on the basis 07 of the following factors: 08 (1) [NET] income of the family including salary, alimony, child 09 support, retirement benefits, social security, and any other source of income; 10 (2) number of children in the family; 11 (3) whether there is one parent or guardian solely responsible for the 12 care of the family; 13 (4) [REPEALED 14 (5)] other factors found relevant by the department. 15 * Sec. 41. AS 46.03 is amended by adding a new section to read: 16 Sec. 46.03.026. ON-SITE WATER AND SEWER SYSTEM CERTIFICATION 17 AND AUDIT PROGRAM. (a) Notwithstanding any provision of this chapter to the 18 contrary, for bank loans for homes in this state, the department may establish, by 19 regulation, a program to delegate the review and certification of on-site drinking water 20 and sewer systems. Under standards adopted by the department by regulation, the 21 department may delegate the review and certification to engineers who are registered 22 under AS 08.48. 23 (b) If the department establishes a program under (a) of this section, the 24 department shall establish an audit system for the department to monitor and review 25 a statistically significant number of systems certified under that program. An audit 26 must determine compliance with departmental standards for design, installation, and 27 operation in effect at the time of the certification. 28 (c) If the department establishes a program under (a) of this section, the 29 department shall, by regulation, establish fees for services sufficient to make the 30 program self-supporting. 31 * Sec. 42. AS 46.03.720 is amended by adding a new subsection to read:
01 (d) Notwithstanding (a) of this section, department review and approval of 02 plans is not required for the functions specified in (a) of this section if 03 (1) the sewerage system or treatment works, or a part of either, is 04 located in a community or major military facility that has the power or legal authority 05 to review and approve sewerage system or treatment works plans; 06 (2) the community or major military facility has established ordinances 07 or other law to regulate domestic sewerage that the department has determined are 08 substantially equivalent to department standards in effect at the time of the 09 determination; 10 (3) the community or major military facility has employed an engineer 11 registered under AS 08.48 who will review and approve domestic sewerage plans 12 under those ordinances or other law; 13 (4) the community or major military facility commits adequate funding 14 or other resources to administer plan review and approvals under this subsection; and 15 (5) the department and the community or major military facility have 16 entered into an agreement under this subsection for delegation of the review and 17 approval of plans under the standards described in this subsection. 18 * Sec. 43. AS 28.10.108(b); AS 28.22.041(h); AS 39.20.250(b); and AS 44.42.050(d) are 19 repealed. 20 * Sec. 44. TRANSITION. Notwithstanding sec. 47 of this Act, an agency of the state that 21 has regulation adoption authority or that is authorized by this Act to adopt regulations, may 22 proceed to adopt regulations necessary to implement that agency's respective provisions in this 23 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 24 before July 1, 1994. 25 * Sec. 45. Sections 1 and 3 of this Act are retroactive to February 18, 1994. 26 * Sec. 46. Sections 1, 3, 44, and 45 of this Act take effect immediately under 27 AS 01.10.070(c). 28 * Sec. 47. Sections 2 and 4 - 43 of this Act take effect July 1, 1994.