HB 435: "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. 435 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 02.15.040 is amended to read: 05 Sec. 02.15.040. Cooperation with federal agencies. The department shall 06 cooperate with the Federal Emergency Management Agency, the armed forces of the 07 United States government, and the Federal Aviation Administration [AGENCY] for 08 the purpose of coordinating aviation activities in carrying out the Civil Defense 09 Program. 10 * Sec. 2. AS 02.15.170 is amended to read: 11 Sec. 02.15.170. Duty of department. The department shall assist and 12 cooperate with the Department of Education and Early Development, the University 13 of Alaska, the Civil Air Patrol, the Federal Aviation Administration [AGENCY] and 14 other civic, state and federal agencies in the development of a sound aeronautical
01 educational program in the state by providing financial and material aid within its 02 means and the use of state aviation facilities and equipment whenever possible. 03 * Sec. 3. AS 02.20.040(b) is amended to read: 04 (b) Flight plans shall be filed by pilots of aircraft, both private and 05 commercial, before or immediately after taking off on a flight that will take the aircraft 06 more than 15 air miles distant from its point of departure. The flight plan shall be 07 filed with a federal aviation administration [AGENCY] communications station or 08 control tower, if one can be contacted; otherwise all essential details of a flight plan 09 shall be left with a responsible person at the point of departure. Each flight plan will 10 be closed with the proper communicator or tower operator immediately upon 11 completion of each flight, if possible. 12 * Sec. 4. AS 02.35.120 is amended to read: 13 Sec. 02.35.120. Penalties for violation of chapter except AS 02.35.090 and 14 02.35.110. A person who acts as an airman for a civil aircraft when flown or operated 15 in this state, except as provided in AS 02.35.080 and 02.35.100, without holding an 16 existing airman's license or permit issued in accordance with this chapter and federal 17 law; or who flies or causes to be flown in this state any civil aircraft, except as 18 provided in AS 02.35.080 and 02.35.100, without an existing license or permit for that 19 aircraft issued in accordance with the provisions of this chapter and federal law; or 20 who violates a provision of this chapter other than AS 02.35.090 or 02.35.110 or a 21 regulation adopted under this chapter, is punishable by a fine of not more than $500 22 or by imprisonment for not more than six months or by both. 23 * Sec. 5. AS 03.20.020(a) is amended to read: 24 (a) Fairs may be held each year in each of the house [ELECTION] districts, 25 and state aid for the operation and maintenance of the fairs may not exceed a basic 26 grant of $10,000; however, fairs in existence five years or longer may receive an 27 increment grant not to exceed $2,500 per year of existence to a maximum of $75,000. 28 The people of each district sponsoring a fair are not eligible for state aid unless they 29 subscribe to spend from their own funds for that purpose an amount equal to the 30 amount of the state aid and have or organize an agricultural and industrial fair 31 association for the operation and maintenance of the fairs. Each fair receiving state
01 aid is open to entries by the people of the whole state , and special provision shall be 02 made for exhibits from boys' and girls' clubs. 03 * Sec. 6. AS 03.20.050 is amended to read: 04 Sec. 03.20.050. More than one association and fair permitted. Nothing in 05 this chapter prohibits the formation of more than one agricultural and industrial fair 06 association in each house [ELECTION] district or the holding of an agricultural and 07 industrial fair in several places in each district. When more than one association is 08 formed in a house [ELECTION] district or when a fair is held in more than one place 09 in the district, the minimum operational aid is $250. When more than one association 10 applies for the benefits of this chapter, the commissioner shall divide the money 11 allotted to the district among the applicants in proportion to the amount justified at the 12 time of application. 13 * Sec. 7. AS 06.05.230 is amended to read: 14 Sec. 06.05.230. Investment in property and banking premises. A bank may 15 acquire, purchase, hold, and convey real and personal property for the following 16 purposes only: 17 (1) that which is necessary for the convenient transaction of, or the 18 promotion of, its business, including buildings containing banking offices, equipment, 19 furniture and fixtures, art work, leasehold improvements, parking lots, and, with the 20 prior approval of the department, real property reasonably anticipated to be necessary 21 for future expansion of the bank, if the book asset value of the purchase or investment 22 does not exceed 60 percent of the capital and surplus of the bank; 23 (2) the satisfaction of or on account of debts previously contracted in 24 the course of its business; 25 (3) the purchase at sale under judgment, decree, lien, or mortgage 26 foreclosure, against security held by it ; 27 (4) that which is necessary in connection with a negatively 28 amortizing loan described under AS 45.45.010(f) . 29 * Sec. 8. AS 06.20.250(e) is amended to read: 30 (e) If the irregular payment is confirmed in writing by the borrower, and the 31 method of repayment is consistent with the maximum term and annual interest rate
01 provided in this chapter, and if a borrower demonstrates sufficient seasonal or 02 extraordinary income to support repayment of a loan, the loan contract may provide 03 for irregular payments and first payment loan extensions greater than 45 days from the 04 date the [LOAN] is made. 05 * Sec. 9. AS 08.06.030(a) is amended to read: 06 (a) A person is qualified to receive a license to practice acupuncture if the 07 person 08 (1) is of good moral character; 09 (2) is at least 21 years of age; 10 (3) either 11 (A) has completed a course of study consistent with the core 12 curriculum and guidelines of the Accreditation Commission for Acupuncture 13 and Oriental Medicine [NATIONAL COUNCIL OF ACUPUNCTURE 14 SCHOOLS AND COLLEGES] at a school of acupuncture approved by the 15 department; or 16 (B) is licensed to practice acupuncture in another jurisdiction 17 that has acupuncture licensing requirements equivalent to those of this state; 18 (4) is qualified for certification by the National Certification 19 Commission for Acupuncture and Oriental Medicine [NATIONAL COMMISSION 20 FOR THE CERTIFICATION OF ACUPUNCTURISTS] as a diplomate in acupuncture; 21 (5) does not have a disciplinary proceeding or unresolved complaint 22 pending at the time of application; and 23 (6) has not had a license to practice acupuncture suspended or revoked 24 in this state or in another jurisdiction. 25 * Sec. 10. AS 08.24.380 is amended by adding a new paragraph to read: 26 (5) "commissioner" means the commissioner of community and 27 economic development. 28 * Sec. 11. AS 08.32.187(a) is amended to read: 29 (a) This chapter applies to a person who practices, or offers or attempts to 30 practice, as a dental hygienist in the state except 31 (1) a dental hygienist in the military service in the discharge of official
01 duties; 02 (2) a dental hygienist in the employ of the United States Public Health 03 Service, United States Department of Veterans Affairs [VETERANS' 04 ADMINISTRATION], Alaska Native Service, or another agency of the federal 05 government, in the discharge of official duties; 06 (3) a dental hygienist licensed in another state who is teaching or 07 demonstrating clinical techniques at a meeting, seminar, or limited course of instruction 08 sponsored by a dental or dental auxiliary society or association or by an accredited 09 dental or dental auxiliary educational institution. 10 * Sec. 12. AS 08.36.247(b) is amended to read: 11 (b) This section may not be construed as limiting or preventing a licensed and 12 qualified dentist from performing, without a specialty license, dental acts or services 13 to the public in any of the branches of dentistry, except that a dentist may not 14 administer a general anesthetic to a patient without a valid permit as required by 15 regulations of the [DENTAL EXAMINERS] board. 16 * Sec. 13. AS 08.36.350(a) is amended to read: 17 (a) This chapter applies to a person who practices, or offers or attempts to 18 practice , dentistry in the state except 19 (1) a dental surgeon or dentist in the military service in the discharge 20 of official duties; 21 (2) a dentist in the employ of the United States Public Health Service, 22 United States Department of Veterans Affairs [VETERANS' ADMINISTRATION], 23 Alaska Native Service, or other agency of the federal government, in the discharge of 24 official duties; 25 (3) a physician or surgeon; 26 (4) a dentist providing care in an isolated area by authority of a permit 27 issued under AS 08.36.271; 28 (5) a dentist licensed in another state who is teaching or demonstrating 29 clinical techniques at a meeting, seminar , or limited course of instruction sponsored 30 by a dental or dental auxiliary society or association or by an accredited dental or 31 dental auxiliary educational institution;
01 (6) a dentist licensed in another state who provides emergency care to 02 an injured or ill person who reasonably appears to the dentist to be in immediate need 03 of emergency aid in order to avoid serious harm or death if the care is provided 04 without remuneration. 05 * Sec. 14. AS 08.38.100 is amended by adding a new paragraph to read: 06 (4) "department" means the Department of Community and Economic 07 Development. 08 * Sec. 15. AS 08.42.070(a) is amended to read: 09 (a) The department may recognize the license issued to an embalmer or funeral 10 director from another state if the applicant 11 (1) furnishes proof satisfactory to the department that the applicant 12 (A) has complied, in the state in which the applicant is licensed, 13 with requirements substantially equal to the requirements of this chapter; or 14 (B) [FURNISHES PROOF SATISFACTORY TO THE 15 DEPARTMENT THAT THE APPLICANT] meets the applicable requirements 16 for the license for which the applicant is applying except for the apprenticeship 17 and examination provisions and that the applicant is licensed in another state 18 and has practiced mortuary science for at least one year in a state where the 19 applicant is licensed; and 20 (2) takes and passes the examination provided for in (b) of this section. 21 * Sec. 16. AS 08.42.100 is amended to read: 22 Sec. 08.42.100. Funeral establishment permit. A [AFTER JANUARY 1, 23 1977, A] person may not conduct, maintain, manage, or operate a funeral establishment 24 unless a permit for each establishment has been issued by the department and is 25 conspicuously displayed in the funeral establishment. Each permit is valid only for 26 one specific location, and each firm operating from the same funeral establishment 27 shall obtain a separate permit. The department shall issue a permit to operate a funeral 28 establishment upon application for the permit on a form provided by the department. 29 All permits expire at the time established under AS 08.01.100 and may be renewed for 30 successive terms. Violation of a provision of AS 08.42.090 by a person operating a 31 funeral establishment or, with that person's knowledge or consent, by an employee is
01 considered sufficient cause for suspension or revocation of the funeral establishment 02 permit. 03 * Sec. 17. AS 08.52.010 is amended to read: 04 Sec. 08.52.010. Power to adopt regulations. The Department of Labor and 05 Workforce Development [, REFERRED TO IN THIS CHAPTER 06 AS "DEPARTMENT",] may issue orders and adopt regulations relating to the storage 07 and use of explosives necessary to carry out the purposes of this chapter. 08 * Sec. 18. AS 08.52 is amended by adding a new section to read: 09 Sec. 08.52.100. Definition. In this chapter, "department" means the 10 Department of Labor and Workforce Development. 11 * Sec. 19. AS 09.25.121 is amended to read: 12 Sec. 09.25.121. Copies of public records for veterans. When a copy of a 13 public record is required by the Department of Military and Veterans' Affairs, the 14 Department of Community and Economic Development, or by the United States 15 Department of Veterans Affairs [VETERANS' ADMINISTRATION] to be used in 16 determining the eligibility of a person to participate in benefits, the official custodian 17 of the public record shall, without charge, provide the applicant for the benefits, a 18 person acting on behalf of the applicant, or an authorized representative of the 19 department or the United States Department of Veterans Affairs [VETERANS' 20 ADMINISTRATION] with a certified copy of the record. 21 * Sec. 20. AS 10.06.480(a) is amended to read: 22 (a) In addition to other liabilities, a director is liable in the following 23 circumstances unless the director complies with the standard provided in 24 AS 10.06.450(b) for the performance of the duties of directors: 25 (1) a [A] director who votes for or assents to a distribution to the 26 corporation's shareholders contrary to the provisions of AS 10.06.358, 10.06.360, 27 10.06.363, or 10.06.365 or contrary to a restriction in the articles of incorporation [,] 28 is liable to the corporation, jointly and severally with all other directors voting for or 29 assenting to the distribution, for the amount of the distribution that is paid or the value 30 of the assets that are distributed in excess of the amount of the distribution that could 31 have been paid or distributed without violation of AS 10.06.305 - 10.06.390
01 [AS 10.06.405 - 10.06.438] or the restrictions of the articles of incorporation ; [.] 02 (2) a [A] director who votes for or assents to a distribution to the 03 corporation's shareholders during the liquidation of the corporation without the 04 payment and discharge of, or making adequate provision for, all known debts, 05 obligations, and liabilities of the corporation is liable to the corporation, jointly and 06 severally with all other directors voting for or assenting to distribution, for the value 07 of the assets that are distributed, to the extent that the debts, obligations, and liabilities 08 of the corporation are not thereafter paid and discharged ; [.] 09 (3) a [A] director who votes for or assents to a loan of assets of the 10 corporation to an officer or employee or a loan secured by the corporation's shares 11 contrary to the provisions of AS 10.06.485 or contrary to a restriction in the articles 12 of incorporation [,] is liable to the corporation, jointly and severally with all other 13 directors voting for or assenting to the loan, for the amount of the loan that is in 14 excess of a loan that could have been extended without a violation of AS 10.06.485 15 or the restriction in the articles of incorporation. 16 * Sec. 21. AS 10.20.590 is amended to read: 17 Sec. 10.20.590. Limitations on revocation of certificate of authority. The 18 commissioner may not revoke a certificate of authority of a foreign corporation unless 19 (1) the commissioner has given the corporation at least 60 days' notice 20 by mail addressed to its registered office in the state; and 21 (2) the corporation fails, before revocation, to file the biennial 22 [ANNUAL] report, or pay the fees, or file the required statement of change of 23 registered agent or registered office, or file the articles of amendment or articles of 24 merger, or correct the misrepresentation. 25 * Sec. 22. AS 13.16.580 is amended to read: 26 Sec. 13.16.580. Purchasers from distributees protected. If property 27 distributed in kind or a security interest in it is acquired for value by a purchaser from 28 or lender to a distributee who has received an instrument or deed of distribution from 29 the personal representative, the purchaser or lender takes title free of rights of any 30 interested person in the estate and incurs no personal liability to the estate, or to any 31 interested person, whether or not the distribution was proper or supported by court
01 order and whether or not the authority of the personal representative was terminated 02 before execution of the instrument or deed. This section protects a purchaser from or 03 lender to a distributee who, as personal representative, executed the deed of 04 distribution, as well as a purchaser from or lender to any other distributee or transferee 05 of a distributee. To be protected under this provision, a purchaser or lender need not 06 inquire whether a personal representative acted properly in making the distribution in 07 kind, even if the personal representative and the distributee are the same person, or 08 whether the authority of the personal representative had terminated before the 09 distribution. Any instrument described in this section which is recorded under 10 AS 40.17 [AS 34.15] or filed under AS 45.09 [AS 45.05] and which bears a notation 11 of that recordation or filing is prima facie evidence that the transfer described in it was 12 made for value. 13 * Sec. 23. AS 13.26.105(d) is amended to read: 14 (d) If the petition seeks the appointment of a guardian for an incapacitated 15 person who is a veteran or a minor entitled to the payment of money from the United 16 States Department of Veterans Affairs [FEDERAL VETERANS' 17 ADMINISTRATION], the petitioner shall give notice of the petition to the United 18 States Department of Veterans Affairs [ADMINISTRATOR OF THE FEDERAL 19 VETERANS' ADMINISTRATION]. 20 * Sec. 24. AS 13.26.135(a) is amended to read: 21 (a) In a proceeding for the appointment, change in responsibilities, or removal 22 of a guardian, or termination of guardianship, other than the appointment of a 23 temporary guardian or temporary suspension of a guardian, notice of hearing shall be 24 given to each of the following: 25 (1) the ward or respondent by the visitor as provided in AS 13.26.107; 26 (2) any person who is serving as guardian or conservator of the ward 27 or respondent, or who has care and custody of the ward or respondent; 28 (3) in case a [NO OTHER] person is not notified under (4) of this 29 subsection, at least one of the closest adult relatives of the ward or respondent, if any 30 can be found; 31 (4) the spouse, parents, and adult children of the ward or respondent;
01 (5) any person who performed an evaluation for the visitor's report 02 within the previous two years; 03 (6) the ward's or respondent's attorney; 04 (7) the ward's or respondent's guardian ad litem if one has been 05 appointed; and 06 (8) the United States Department of Veterans Affairs 07 [ADMINISTRATOR OF THE FEDERAL VETERANS' ADMINISTRATION] if the 08 United States Department of Veterans Affairs [ADMINISTRATOR] was given 09 notice under AS 13.26.105(d). 10 * Sec. 25. AS 14.07.075 is amended to read: 11 Sec. 14.07.075. Creation. There is created at the head of the Department of 12 Education and Early Development a Board of Education and Early Development 13 consisting of seven members. 14 * Sec. 26. AS 14.40.325 is amended to read: 15 Sec. 14.40.325. Reallocation within state appropriations. Notwithstanding 16 the provisions of AS 37.07.080(e), each appropriation to the University of Alaska is 17 subject to reallocation by the university administration under procedures established 18 by the Board of Regents and the office of management and budget [DIVISION OF 19 BUDGET REVIEW] in the Office of the Governor. Transfers may not be made 20 between appropriations except as provided in an Act making transfers between 21 appropriations. 22 * Sec. 27. AS 15.05.010 is amended to read: 23 Sec. 15.05.010. Voter qualification. A person may vote at any election who 24 (1) is a citizen of the United States; 25 (2) is 18 years of age or older; 26 (3) [REPEALED; 27 (4)] has been a resident of the state and of the house [ELECTION] 28 district in which the person seeks to vote for at least 30 days just before the election; 29 and 30 (4) [(5) REPEALED 31 (6)] has registered before the election as required under AS 15.07 and
01 is not registered to vote in another jurisdiction. 02 * Sec. 28. AS 15.05.012 is amended to read: 03 Sec. 15.05.012. Voter qualification for presidential election. A person who 04 is otherwise qualified under AS 15.05.010 but who has not been a resident of the 05 house [ELECTION] district in which the person seeks to vote for at least 30 days 06 preceding the date of a presidential election is entitled to register and vote for 07 presidential and vice-presidential candidates. 08 * Sec. 29. AS 15.07.030 is amended to read: 09 Sec. 15.07.030. Who may register. (a) A person who has the qualifications 10 of a voter as set out in AS 15.05.010(1) - (3) [AS 15.05.010(1) - (4),] or who will 11 have the qualifications at the succeeding primary or general election [,] is entitled to 12 be registered as a voter in the precinct in which the person resides. 13 (b) A person qualified under AS 15.05.011 to vote by absentee ballot 14 in a federal election is entitled to be registered as a voter in the house [ELECTION] 15 district in which the person resided immediately before departure from the United 16 States. 17 * Sec. 30. AS 15.07.040 is amended to read: 18 Sec. 15.07.040. Time for registration. A person who is qualified under 19 AS 15.05.010(1) - (3) [AS 15.05.010(1) - (4)] is entitled to register at any time 20 throughout the year except that a person under 18 years of age may register at any 21 time within 90 days immediately preceding the person's 18th birthday. 22 * Sec. 31. AS 15.07.090(c) is amended to read: 23 (c) The director shall transfer the registration of a voter from one precinct to 24 another within a house [AN ELECTION] district when requested by the voter. The 25 request shall be made 30 or more days before the election day. The director shall 26 transfer the registration of a voter from one house [ELECTION] district to another 27 when requested by the voter. The voter must reside in the new house [ELECTION] 28 district for at least 30 days in order to vote. 29 * Sec. 32. AS 15.07.090(d) is amended to read: 30 (d) A person who claims to be a registered voter, but for whom no evidence 31 of registration in the precinct can be found, shall be granted the right to vote in the
01 same manner as that of a questioned voter and the ballot shall be treated in the same 02 manner. The ballot shall be considered to be a "questioned ballot" and shall be so 03 designated. The director or the director's representative shall determine whether the 04 voter is registered in the house [ELECTION] district before counting the ballot. A 05 voter who has failed to obtain a transfer as provided in (c) of this section shall vote 06 a "questioned ballot" in the precinct in which the voter resides. 07 * Sec. 33. AS 15.07.120 is amended to read: 08 Sec. 15.07.120. Custody of registers. A master register shall at all times 09 remain in the custody of the director. The person who is the area election supervisor 10 shall likewise maintain a register of all voters within the precincts of the area house 11 [ELECTION] district that person supervises. 12 * Sec. 34. AS 15.07.160(a) is amended to read: 13 (a) Except as provided in AS 15.07.135, a registration official may not refuse 14 to register a person who is qualified to vote under provisions of AS 15.05.010(1) - (3) 15 [AS 15.05.010(1) - (4)]. 16 * Sec. 35. AS 15.10.040 is amended to read: 17 Sec. 15.10.040. Restriction on precinct boundary modification. A precinct 18 may not include territory lying within more than one house [ELECTION] district. 19 Whenever practicable, precinct boundaries shall conform to municipal boundaries. 20 * Sec. 36. AS 15.10.090 is amended to read: 21 Sec. 15.10.090. Notice of precinct boundary designation and modification. 22 The director shall give full public notice when precinct boundaries are designated and 23 when the boundaries of a precinct are modified or when a precinct is established or 24 abolished. Public notice shall include, but is not limited to, the publication on three 25 different days in a daily newspaper of general circulation, if such a newspaper is 26 published in the house [ELECTION] district where the precinct is located, by posting 27 written notice in three conspicuous places in the designated precinct, and by 28 notification to appropriate municipal clerks. 29 * Sec. 37. AS 15.10.110 is amended to read: 30 Sec. 15.10.110. Appointment of election supervisors. The director shall 31 appoint election supervisors, including one in each of the municipalities of Juneau,
01 Anchorage, Fairbanks, and Nome, to assist in the administration of elections in the 02 house [ELECTION] districts designated by the director. The director may appoint as 03 an election supervisor a person who is a qualified voter in the area over which the 04 person has jurisdiction and who meets the applicable requirements of AS 15.10.105(b). 05 An election supervisor is entitled to receive compensation in an amount that is 06 comparable to that received for similar state employment as determined by the director. 07 * Sec. 38. AS 15.13.020(j) is amended to read: 08 (j) The commission shall establish an office, which may be called a regional 09 office, in each senate district in the state to keep on file for public inspection copies 10 of all reports filed with the commission by candidates for statewide office and by 11 candidates for legislative office in that district; however, where one municipality 12 contains more than one house [ELECTION] district, only one commission office shall 13 be established in that municipality. The regional office shall make all forms and 14 pertinent material available to candidates. All reports shall be filed by candidates, 15 groups , and individuals directly with the commission's central district office. The 16 commission shall ensure that copies of all reports by statewide and legislative 17 candidates in each senate district are forwarded promptly to that district or regional 18 office. 19 * Sec. 39. AS 15.13.400(10) is amended to read: 20 (10) "political party" means 21 (A) an organized group of voters that represents a political 22 program and that nominated a candidate for governor who received at least 23 three percent of the total votes cast at any one of the last five preceding general 24 elections for governor; and 25 (B) a subordinate unit of the organized group of voters 26 qualifying as a political party under (A) of this paragraph if, consistent with the 27 rules or bylaws of the political party, the unit conducts or supports campaign 28 operations in a municipality, neighborhood, house [ELECTION] district, or 29 precinct; 30 * Sec. 40. AS 15.15.030(6) is amended to read: 31 (6) The general election ballot shall be designed with the position of
01 names of the candidates set out in the same order in each section on each ballot used 02 in a house [AN ELECTION] district. However, the order of placement of the names 03 of the candidates for each office shall be randomly determined by the director for 04 ballots printed for use in each house [ELECTION] district. 05 * Sec. 41. AS 15.15.060(d) is amended to read: 06 (d) When the director determines that there is an area in the state where a 07 voter may be confused as to the voter's correct precinct polling place, the director shall 08 provide each polling place in that area with maps and materials that [WHICH] indicate 09 house [ELECTION] district boundaries, precinct boundaries, and polling places. 10 * Sec. 42. AS 15.15.070(b) is amended to read: 11 (b) The notice shall be given by publication at least twice in one or more 12 newspapers of general circulation in each of the four major house [ELECTION] 13 districts. The printed notice must [SHALL] specifically include but is not limited to 14 the date of election, the hours between which the polling places will be open, the 15 offices to which candidates are to be nominated or elected, and the subject of the 16 propositions and questions that [WHICH] are to be voted on. 17 * Sec. 43. AS 15.20.015 is amended to read: 18 Sec. 15.20.015. Moving from house [ELECTION] district just before 19 election. A person who meets all voter qualifications except that listed in 20 AS 15.05.010(3) [AS 15.05.010(4)] is qualified to vote by absentee ballot in the house 21 [ELECTION] district in which the person formerly resided if the person lived in that 22 house [ELECTION] district for at least 30 days immediately before changing 23 residence. 24 * Sec. 44. AS 15.20.045(b) is amended to read: 25 (b) The director may designate by regulation adopted under AS 44.62 ( [THE] 26 Administrative Procedure Act [(AS 44.62]) locations at which absentee voting stations 27 will be operated on election day and on other dates and at times to be designated by 28 the director. The director shall supply absentee voting stations with ballots for all 29 house [ELECTION] districts in the state and shall designate absentee voting officials 30 to serve at absentee voting stations. 31 * Sec. 45. AS 15.20.061(a) is amended to read:
01 (a) A qualified voter may apply in person for an absentee ballot to the 02 following election officials at the times specified: 03 (1) to an absentee voting official in the house [ELECTION] district in 04 which the voter resides on or after the 15th day before an election up to and including 05 the day before the date of the election; 06 (2) to an election supervisor 07 (A) after a date announced by the director under 08 AS 15.20.048(b); and 09 (B) on or after the 15th day before an election up to and 10 including the date of the election; 11 (3) to an absentee voting official at an absentee voting station 12 designated under AS 15.20.045(b) at any time when the absentee voting station is 13 operating; 14 (4) to an absentee voting official in the precinct in which the voter 15 resides when distances preclude easy access to the polling place on or after the 15th 16 day before an election up to and including election day; 17 (5) to an absentee voting official in the precinct in which no volunteers 18 can be located to serve on the election board on or after the 15th day before an 19 election up to and including election day. 20 * Sec. 46. AS 15.20.081(e) is amended to read: 21 (e) An absentee ballot must be marked on or before the date of the election. 22 Except as provided in (h) of this section, a voter who returns the absentee ballot by 23 mail, whether provided to the voter by mail or by electronic transmission, shall use a 24 mail service at least equal to first class and mail the ballot not later than the day of the 25 election to the election supervisor for the house [ELECTION] district in which the 26 voter seeks to vote. Except as provided in AS 15.20.480, the ballot may not be 27 counted unless it is received by the close of business on the 10th day after the election. 28 If the ballot is postmarked, it must be postmarked on or before election day. After the 29 day of the election, ballots may not be accepted unless received by mail. 30 * Sec. 47. AS 15.20.211(a) is amended to read: 31 (a) If a qualified voter of the state votes a ballot for a house [AN ELECTION]
01 district other than the house [ELECTION] district in which the voter is registered, the 02 votes cast for statewide candidates and for statewide ballot propositions and statewide 03 questions shall be counted. If the qualified voter voted for a candidate for the state 04 senate from the senate district in which the voter is a resident, the vote shall be 05 counted. The votes cast for candidates or ballot propositions or questions not 06 appearing on the ballot of the district in which the voter is a resident may not be 07 counted. 08 * Sec. 48. AS 15.20.430(a) is amended to read: 09 (a) A defeated candidate or 10 qualified voters who believe there has been a 10 mistake made by an election official or by the counting board in counting the votes 11 in an election, may file an application within five days after the completion of the state 12 review to the director for a recount of the votes from any particular precinct or any 13 house [ELECTION] district and for any particular office, proposition, or question. 14 However, the application may be filed only within three days after the completion of 15 the state review after the general election for a recount of votes cast for the offices 16 [OFFICE] of governor and lieutenant governor. If there is a tie vote as provided in 17 AS 15.15.460, the director shall initiate the recount and give notice to the interested 18 parties as provided in AS 15.20.470. 19 * Sec. 49. AS 15.20.440(a) is amended to read: 20 (a) The application must [SHALL] state in substance the basis of the belief 21 that a mistake has been made, the particular election precinct or house [ELECTION] 22 district for which the recount is to be held, the particular office, proposition, or 23 question for which the recount is to be held, and that the person making the 24 application is a candidate or that the 10 persons making the application are qualified 25 voters. The candidate or persons making the application shall designate by full name 26 and mailing address two persons who shall represent the applicant and be present and 27 assist during the recount. Any person may be named representative, including the 28 candidate or any person signing the application. Applications by 10 qualified voters 29 must [SHALL] also include the designation of one of the number as chair. The 30 candidate or persons making the application shall sign the application and shall print 31 or type their full names [NAME] and mailing addresses [ADDRESS].
01 * Sec. 50. AS 15.20.450 is amended to read: 02 Sec. 15.20.450. Requirement of deposit. The application must [SHALL] 03 include a deposit in cash, by certified check, or by bond with a surety approved by the 04 director. The amount of the deposit is $300 for each precinct, $750 for each house 05 [ELECTION] district, and $10,000 for the entire state. If the recount includes an 06 office for which candidates received a tie vote, or the difference between the number 07 of votes cast was 20 or less or was less than .5 percent of the total number of votes 08 cast for the two candidates for the contested office, or a question or proposition for 09 which there was a tie vote on the issue, or the difference between the number of votes 10 cast in favor of or opposed to the issue was 20 or less or was less than .5 percent of 11 the total votes cast in favor of or opposed to the issue, the application need not include 12 a deposit , and the state shall bear the cost of the recount. If, on the recount, a 13 candidate other than the candidate who received the original election certificate is 14 declared elected, or if the vote on recount is determined to be four percent or more in 15 excess of the vote reported by the state review for the candidate applying for the 16 recount or in favor of or opposed to the question or proposition as stated in the 17 application, the entire deposit shall be refunded. If the entire deposit is not refunded, 18 the director shall refund any money remaining after the cost of the recount has been 19 paid from the deposit. 20 * Sec. 51. AS 15.25.030(a) is amended to read: 21 (a) A member of a political party who seeks to become a candidate of the 22 party in the primary election shall execute and file a declaration of candidacy. The 23 declaration shall be executed under oath before an officer authorized to take 24 acknowledgments and must [SHALL] state in substance [:] 25 (1) the full name of the candidate; 26 (2) the full mailing address of the candidate; 27 (3) if the candidacy is for the office of state senator or state 28 representative, the house [ELECTION] or senate district of which the candidate is a 29 resident; 30 (4) the office for which the candidate seeks nomination; 31 (5) the name of the political party of which the person is a candidate
01 for nomination; 02 (6) the full residence address of the candidate, and the date on which 03 residency at that address began; 04 (7) the date of the primary election at which the candidate seeks 05 nomination; 06 (8) the length of residency in the state and in the district of the 07 candidate; 08 (9) that the candidate will meet the specific citizenship requirements 09 of the office for which the person is a candidate; 10 (10) that the candidate is a qualified voter as required by law; 11 (11) that the candidate will meet the specific age requirements of the 12 office for which the person is a candidate; 13 (12) that the candidate requests that the candidate's name be placed on 14 the primary election ballot; 15 (13) that the required fee accompanies the declaration; 16 (14) that the person is not a candidate for any other office to be voted 17 on at the primary or general election and that the person is not a candidate for this 18 office under any other declaration of candidacy or nominating petition; 19 (15) the manner in which the candidate wishes the candidate's name to 20 appear on the ballot; and 21 (16) that the candidate is registered to vote as a member of the political 22 party whose nomination is being sought. 23 * Sec. 52. AS 15.25.043 is amended to read: 24 Sec. 15.25.043. Determination of residency of a candidate. In determining 25 the residence within a house [AN ELECTION] district of a qualified voter for the 26 purposes of compliance with art. II, sec. 2 of the Alaska Constitution, the director shall 27 apply the rules established in AS 15.05.020 together with the following rules: 28 (1) a person establishes residence within a house [AN ELECTION] 29 district 30 (A) by actual physical presence at a specific location within the 31 district; and
01 (B) by maintaining a habitation at the specific location; 02 (2) a person may maintain a place of residence at a specific location 03 within a district while away from the location for purposes of employment, education, 04 military service, or vacation if the person does not establish residency at another 05 location; and 06 (3) a qualified voter loses residence by voting in another house 07 [ELECTION] district or in another state's elections. 08 * Sec. 53. AS 15.25.170 is amended to read: 09 Sec. 15.25.170. Required number of signatures for district-wide office. 10 Petitions for the nomination of candidates for the office of state senator or state 11 representative shall be signed by qualified voters of the house [ELECTION] or senate 12 district in which the proposed nominee desires to be a candidate equal in number to 13 at least one percent of the number of voters who cast ballots in the proposed nominee's 14 respective house [ELECTION] or senate district in the preceding general election. A 15 nominating petition may not contain less than 50 signatures for any district. 16 * Sec. 54. AS 15.40.440 is amended to read: 17 Sec. 15.40.440. Requirements of petition for no-party candidates. Petitions 18 for the nomination of candidates not representing a political party shall be signed by 19 qualified voters equal in number to at least one percent of the number of voters who 20 cast ballots in the proposed nominee's respective house [ELECTION] or senate district 21 in the preceding general election. A nominating petition may not contain less than 50 22 signatures for any district, and must [SHALL] state in substance that which is required 23 in petitions for nomination by AS 15.25.180. 24 * Sec. 55. AS 15.45.140 is amended to read: 25 Sec. 15.45.140. Filing of petition. The sponsors must file the initiative 26 petition within one year from the time the sponsors received notice from the lieutenant 27 governor that the petitions were ready for delivery to them, and the petition must be 28 signed by qualified voters equal in number to 10 percent of those who voted in the 29 preceding general election and resident in at least two-thirds of the house 30 [ELECTION] districts of the state. If the petition is not filed within the one-year 31 [ONE YEAR] period provided for in this section, the petition has no force or effect.
01 * Sec. 56. AS 15.45.160 is amended to read: 02 Sec. 15.45.160. Bases for determining the petition was improperly filed. 03 The lieutenant governor shall notify the committee that the petition was improperly 04 filed upon determining that 05 (1) there is an insufficient number of qualified subscribers ; [,] or 06 (2) the subscribers were not resident in at least two-thirds of the house 07 [ELECTION] districts of the state. 08 * Sec. 57. AS 15.45.370 is amended to read: 09 Sec. 15.45.370. Filing of petition. The sponsors may file the petition only 10 within 90 days after the adjournment of the legislative session at which the act was 11 passed and only if signed by qualified voters equal in number to 10 percent of those 12 who voted in the preceding general election and resident in at least two-thirds of the 13 house [ELECTION] districts of the state. 14 * Sec. 58. AS 15.45.390 is amended to read: 15 Sec. 15.45.390. Bases for determining the petition was improperly filed. 16 The lieutenant governor shall notify the committee that the petition was improperly 17 filed upon determining that 18 (1) there is an insufficient number of qualified subscribers; 19 (2) the subscribers were not resident in at least two-thirds of the house 20 [ELECTION] districts of the state; or 21 (3) the petition was not filed within 90 days after the adjournment of 22 the legislative session at which the act was passed. 23 * Sec. 59. AS 15.45.500 is amended to read: 24 Sec. 15.45.500. Form of application. The application must [SHALL] include 25 (1) the name and office of the person to be recalled; 26 (2) the grounds for recall described in particular in not more than 200 27 words; 28 (3) a statement that the sponsors are qualified voters who signed the 29 application with the statement of grounds for recall attached; 30 (4) the designation of a recall committee of three sponsors who shall 31 represent all sponsors and subscribers in matters relating to the recall;
01 (5) the signatures of at least 100 qualified voters who subscribe to the 02 application as sponsors for purposes of circulation; and 03 (6) the signatures and addresses of qualified voters equal in number to 04 10 percent of those who voted in the preceding general election in the state or in the 05 senate or house [ELECTORAL] district of the official sought to be recalled. 06 * Sec. 60. AS 15.45.530 is amended to read: 07 Sec. 15.45.530. Notice of the number of voters. The director, upon request, 08 shall notify the recall committee of the official number of persons who voted in the 09 preceding general election in the state or in the senate or house [ELECTION] district 10 of the official to be recalled. 11 * Sec. 61. AS 15.45.560 is amended to read: 12 Sec. 15.45.560. Preparation of petition. Upon certifying the application, the 13 director shall prescribe the form of, and prepare, a petition containing (1) the name and 14 office of the person to be recalled, (2) the statement of the grounds for recall included 15 in the application, (3) the statement of warning required in AS 15.45.570, (4) sufficient 16 space for signatures and addresses, and (5) other specifications prescribed by the 17 director to assure proper handling and control. Petitions, for purposes of circulation, 18 shall be prepared by the director in a number reasonably calculated to allow full 19 circulation throughout the state or throughout the senate or house [ELECTION] district 20 of the official sought to be recalled. The director shall number each petition and shall 21 keep a record of the petitions delivered to each sponsor. 22 * Sec. 62. AS 15.45.580 is amended to read: 23 Sec. 15.45.580. Circulation by sponsor. The petitions may be circulated only 24 by a sponsor and only in person throughout the state or senate or house [ELECTION] 25 district represented by the official sought to be recalled. 26 * Sec. 63. AS 15.45.610 is amended to read: 27 Sec. 15.45.610. Filing of petition. A petition may not be filed within less 28 than 180 days of the termination of the term of office of a state public official subject 29 to recall. The sponsor may file the petition only if signed by qualified voters equal 30 in number to 25 percent of those who voted in the preceding general election in the 31 state or in the senate or house [ELECTION] district of the official sought to be
01 recalled. 02 * Sec. 64. AS 15.45.680 is amended to read: 03 Sec. 15.45.680. Display of bases for and against recall. The director shall 04 provide each election board in the state or in the senate or house [ELECTION] district 05 of the person subject to recall with 10 copies of the statement of the grounds for recall 06 included in the application and 10 copies of the statement of not more than 200 words 07 made by the official subject to recall in justification of the official's conduct in office. 08 The person subject to recall may provide the director with the statement within 10 days 09 after the date the director gave notification that the petition was properly filed. The 10 election board shall post three copies of the statements for and against recall in three 11 conspicuous places in the polling place. 12 * Sec. 65. AS 15.58.020 is amended to read: 13 Sec. 15.58.020. Contents of pamphlet. Each election pamphlet must contain 14 (1) photographs and campaign statements submitted by eligible 15 candidates for elective office in the region; 16 (2) information and recommendations filed under AS 15.58.050 on 17 judicial officers subject to a retention election in the region; 18 (3) a map of the house [ELECTION] district or districts of the region; 19 (4) sample ballots for house [ELECTION] districts of the region; 20 (5) an absentee ballot application; 21 (6) for each ballot proposition submitted to the voters by initiative or 22 referendum petition or by the legislature, 23 (A) the full text of the proposition specifying constitutional or 24 statutory provisions proposed to be affected; 25 (B) the ballot title and the summary of the proposition prepared 26 by the director or by the lieutenant governor; 27 (C) a neutral summary of the proposition prepared by the 28 Legislative Affairs Agency; 29 (D) statements submitted that [WHICH] advocate voter 30 approval or rejection of the proposition not to exceed 500 words; 31 (7) for each bond question, a statement of the scope of each project as
01 it appears in the bond authorization; 02 (8) a maximum of two pages of material submitted by each political 03 party; 04 (9) additional information on voting procedures that the lieutenant 05 governor considers necessary; 06 (10) for the question whether a constitutional convention shall be 07 called, 08 (A) a full statement of the question placed on the ballot; 09 (B) statements not to exceed 500 words that advocate voter 10 approval or rejection of the question; 11 (11) under AS 37.13.170, the Alaska permanent fund annual income 12 statement and balance sheet for the two fiscal years preceding the publication of the 13 election pamphlet. 14 * Sec. 66. AS 15.60.010(28) is amended to read: 15 (28) "senate district" means a senate district established under art. 16 VI [THE TERRITORY INCLUDED IN THE ELECTION DISTRICTS 17 AS DESIGNATED IN ART. XIV, SEC. 2,] of the state constitution [, AS MAY BE 18 MODIFIED UNDER ART. VI OF THE STATE CONSTITUTION]; 19 * Sec. 67. AS 15.60.010 is amended by adding a new paragraph to read: 20 (37) "house district" means a house district established under art. VI 21 of the state constitution. 22 * Sec. 68. AS 16.05.340(a)(24) is amended to read: 23 (24) Nonresident anadromous king salmon tag - valid for the period 24 inscribed on the tag 25 (A) for a one-day tag . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10 26 (B) for a three-day tag . . . . . . . . . . . . . . . . . . . . . . . . . . .20 27 (C) for a seven-day tag . . . . . . . . . . . . . . . . . . . . . . . . . . .30 28 (D) for a 14-day tag . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 29 (E) for an annual tag . . . . . . . . . . . . . . . . . . . . . . . . . . . 100. 30 A nonresident may not engage in sport fishing for anadromous king salmon without 31 having a valid anadromous king salmon tag in the person's actual possession, unless
01 that person is under the age of 16. Members of the military service on active duty 02 who are permanently stationed in the state, and their dependents, who do not qualify 03 as residents under AS 16.05.415 [AS 16.05.940], may obtain an annual nonresident 04 military anadromous king salmon tag for $20. 05 * Sec. 69. AS 16.05.340(d) is amended to read: 06 (d) Members of the military service on active duty who are permanently 07 stationed in the state, and their dependents, who do not qualify as residents under 08 AS 16.05.415 [AS 16.05.940], may obtain special nonresident military small game and 09 sport fishing licenses at the rates for resident hunting and sport fishing licenses, but 10 may not take a big game animal without previously purchasing a regular nonresident 11 hunting license and a numbered, nontransferable appropriate tag, issued at one-half of 12 the nonresident rate, under (a)(15) of this section. 13 * Sec. 70. AS 16.05.341 is amended to read: 14 Sec. 16.05.341. Free license for disabled veterans. A person may receive a 15 resident hunting and sport fishing license under AS 16.05.340(a)(5) without charge if 16 the person 17 (1) has been discharged from military service under honorable 18 conditions, is eligible for a loan under AS 18.56.101, and is certified by the United 19 States Department of Veterans Affairs [VETERANS' ADMINISTRATION] as 20 having incurred a 50 percent or greater disability during military service; or 21 (2) served in the Alaska Territorial Guard, is eligible for a loan under 22 AS 18.56.101, and incurred a 50 percent or greater disability while serving in the 23 Alaska Territorial Guard. 24 * Sec. 71. AS 16.05.925(a) is amended to read: 25 (a) Except as provided in AS 16.05.430, 16.05.665, 16.05.722, 16.05.723, 26 16.05.783, 16.05.831, [AND] 16.05.860, and 16.05.905, a person who violates 27 AS 16.05.920 or 16.05.921, or a regulation adopted under this chapter or AS 16.20, 28 is guilty of a class A misdemeanor. 29 * Sec. 72. AS 17.20.130 is amended to read: 30 Sec. 17.20.130. Exemptions. AS 17.20.110 does not apply to a drug 31 (1) intended solely for investigational use by experts qualified by
01 scientific training and experience to investigate the safety in drugs if [PROVIDED] the 02 drug is plainly labeled "for investigational use only"; or 03 (2) regulated under 42 U.S.C. 262 [LICENSED UNDER THE 04 VIRUS, SERUM, AND TOXIN ACT OF JULY 1, 1902 (U.S.C. 1934 ED. TITLE 42, 05 CHAP. 4)]. 06 * Sec. 73. AS 18.50.070 is amended to read: 07 Sec. 18.50.070. Registration districts. The state registrar shall establish 08 registration districts throughout the state. The state registrar may consolidate or 09 subdivide a district to facilitate registration. Registration districts shall take into 10 account the boundary lines of local governmental units, house [ELECTION] districts, 11 judicial districts, and other local boundary lines in general use, where feasible. 12 * Sec. 74. AS 18.56.098(i) is amended to read: 13 (i) If the money used to purchase a mortgage loan made to a veteran under this 14 section comes from an issue of bonds of the corporation guaranteed by the state, each 15 bond must be issued as part of an issue substantially all of the proceeds of which are 16 used to provide residences for qualifying veterans. In this subsection , a qualifying 17 veteran is a person who is a "qualified veteran" as the term is defined or may 18 subsequently be defined under 26 U.S.C. 143 [26 U.S.C. 103A (MORTGAGE 19 SUBSIDY BOND TAX ACT OF 1980), AS AMENDED]. 20 * Sec. 75. AS 18.66.990(3) is amended to read: 21 (3) "domestic violence" and "crime involving domestic violence" mean 22 one or more of the following offenses or an offense under a law or ordinance of 23 another jurisdiction having elements similar to these offenses, or an attempt to commit 24 the offense, by a household member against another household member: 25 (A) a crime against the person under AS 11.41; 26 (B) burglary under AS 11.46.300 - 11.46.310; 27 (C) criminal trespass under AS 11.46.320 - 11.46.330; 28 (D) arson or criminally negligent burning under AS 11.46.400 - 29 11.46.430; 30 (E) criminal mischief under AS 11.46.480 - 11.46.486; 31 (F) terroristic threatening under AS 11.56.810;
01 (G) violating a domestic violence order under AS 11.56.740; or 02 (H) harassment under AS 11.61.120(a)(2) - (4); 03 * Sec. 76. AS 21.09.150(b) is amended to read: 04 (b) The director shall, after a hearing, suspend or revoke an insurer's certificate 05 of authority if the director finds that the insurer 06 (1) is in unsound condition, or in a condition, or using methods or 07 practices in the conduct of its business, that [WHICH] render its further transaction 08 of insurance in this state injurious or hazardous to its policyholders or to the public; 09 (2) has refused to be examined or to produce its accounts, records, and 10 files for examination, or that any of its officers have refused to give information with 11 respect to its affairs, when required by the director; 12 (3) has failed to pay a final judgment rendered against it in this state 13 within 30 days after the judgment became final; a judgment appealed from is not final 14 until determined by the appellate court; 15 (4) with a frequency that indicates its general business practice in this 16 state, has without just cause refused to pay proper claims arising under its policies, 17 whether the claim is in favor of an insured or is in favor of a third person, or without 18 just cause delays adjustment of claims, or compels the insured or claimant to accept 19 less than the amount due them or to employ attorneys or to bring suit against the 20 insurer or an insured to secure full payment or settlement of claims; 21 (5) is affiliated with and under the same general management or 22 interlocking directorate or ownership as another insurer that transacts direct insurance 23 in this state without having a certificate of authority, except as permitted for surplus 24 line insurance under AS 21.34 [AS 21.33]; 25 (6) has failed, after written request by the director, to remove or 26 discharge an officer or director who has been convicted of a felony involving fraud, 27 dishonesty, or moral turpitude. 28 * Sec. 77. AS 21.39.060 is amended to read: 29 Sec. 21.39.060. Rating organizations. (a) A corporation, an unincorporated 30 association, a partnership, or a person, whether located inside or outside this state, may 31 make application to the director for license as a rating organization for the kinds of
01 insurance, or subdivision or class of risk or a part or combination thereof as are 02 specified in its application and shall file with the application (1) a copy of its 03 constitution, its articles of agreement or association, or its certificate of incorporation, 04 and of its bylaws and regulations governing the conduct of its business; (2) a list of 05 its members and subscribers; (3) the name and address of a resident of this state upon 06 whom notices or orders of the director or process affecting the rating organization may 07 be served; and (4) a statement of its qualifications as a rating organization. If the 08 director finds that the applicant is competent, trustworthy, and otherwise qualified to 09 act as a rating organization and that its constitution, articles of agreement or 10 association or certificate of incorporation, and its bylaws and regulations governing the 11 conduct of its business conform to the requirements of law, the director shall issue a 12 license specifying the kinds of insurance, or subdivisions or classes or risks or parts 13 or combinations of them for which the applicant is authorized to act as a rating 14 organization. Each application shall be granted or denied in whole or in part by the 15 director within 60 days after the date of its filing. Licenses issued under this section 16 shall remain in effect for three years unless suspended or revoked by the director. The 17 fee for the license is set under AS 21.06.250. Licenses issued under this section may 18 be suspended or revoked by the director, after hearing upon notice, if the rating 19 organization ceases to meet the requirements of this subsection and (b) of this section . 20 (b) Each rating organization shall notify the director promptly of every change 21 in 22 (1) its constitution, its articles of agreement or association, or its 23 certificate of incorporation, and its bylaws and regulations governing the conduct of 24 its business; 25 (2) its list of members and subscribers; and 26 (3) the name and address of the resident of this state designated by it 27 upon whom notices or orders of the director or process affecting the rating 28 organization may be served. 29 (c) [(b)] Subject to regulations that have been approved by the director as 30 reasonable, each rating organization shall permit an insurer that is not a member to be 31 a subscriber to its rating services for the kind of insurance, subdivision, or class of risk
01 or a part or combination of them [THEREOF] for which it is authorized to act as a 02 rating organization. Notice of proposed changes in the regulations shall be given to 03 subscribers. Each rating organization shall furnish its rating service without 04 discrimination to its members and subscribers. The reasonableness of a regulation in 05 its application to subscribers, or the refusal of a rating organization to admit an insurer 06 as a subscriber, shall, at the request of a subscriber or an insurer, be reviewed by the 07 director at a hearing held upon at least 10 days' [DAYS] written notice to the rating 08 organization and to the subscriber or insurer. If the director finds that the regulation 09 is unreasonable in its application to subscribers, the director shall order that the 10 regulation shall not be applicable to subscribers. If the rating organization fails to 11 grant or reject an insurer's application for subscribership within 30 days after it was 12 made, the insurer may request a review by the director as if the application had been 13 rejected. If the director finds that the insurer has been refused admittance to the rating 14 organization as a subscriber without justification, the director shall order the rating 15 organization to admit the insurer as a subscriber. If the director finds that the action 16 of the rating organization was justified , the director shall make an order affirming the 17 [ITS] action. 18 (d) [(c)] A rating organization may not adopt a regulation that would prohibit 19 or regulate the payment of dividends, savings, or unabsorbed premium deposits 20 allowed or returned by insurers to their policyholders, members, or subscribers. 21 (e) [(d)] Cooperation among rating organizations or among rating organizations 22 and insurers in rate making or other matters within the scope of this chapter is 23 authorized. The filings resulting from the cooperation are subject to the provisions of 24 this chapter that are applicable to filings generally. The director may review the 25 cooperative activities and practices , and if, after a hearing, the director finds that the 26 activity or practice is unfair or unreasonable or inconsistent with this chapter, the 27 director may issue a written order specifying in what respects the activity or practice 28 is unfair or unreasonable or otherwise inconsistent with this chapter, and requiring the 29 discontinuance of the activity or practice. 30 (f) [(e)] A rating organization may provide for the examination of policies, 31 daily reports, binders, renewal certificates, endorsements, or other evidences of
01 insurance, or the cancellation of them [THEREOF], and may make reasonable rules 02 governing their submission. The rules must contain a provision that in the event an 03 insurer does not within 60 days furnish satisfactory evidence to the rating organization 04 of the correction of an error or omission previously called to its attention by the rating 05 organization, it shall be the duty of the rating organization to notify the director. All 06 information submitted for examination shall be confidential. 07 (g) [(f)] A rating organization may subscribe for or purchase actuarial, 08 technical, or other service. The services shall be available to all members and 09 subscribers without discrimination. 10 * Sec. 78. AS 22.05.010(d) is amended to read: 11 (d) The supreme court may in its discretion review a final decision of the court 12 of appeals on application of a party under AS 22.07.030. The supreme court may in 13 its discretion review a final decision of the superior court on an appeal of a civil case 14 commenced in the district court. In this subsection "final decision" means a decision 15 or order, other than a dismissal by consent of all parties, that closes a matter in the 16 court of appeals or the superior court, as applicable . 17 * Sec. 79. AS 23.15.280 is amended to read: 18 Sec. 23.15.280. Appointment of advisors. The division of vocational 19 rehabilitation, the State Employment Service, the Department of Health and Social 20 Services, and other state agencies that the committee names shall each designate a staff 21 member who shall meet with the committee and act in an advisory capacity. The 22 federal Veterans Employment Service and the United States Department of Veterans 23 Affairs [VETERANS ADMINISTRATION] shall each be invited to designate a 24 member of their respective staffs to serve in this capacity with the committee. 25 Agencies of the state shall provide the assistance to the committee that the committee 26 requests to aid it in carrying out the purposes of AS 23.15.220 - 23.15.320. 27 * Sec. 80. AS 26.05.295(b) is amended to read: 28 (b) Except as provided in this subsection, educational programs and monetary 29 benefits available to persons under (a) of this section are based on and equivalent to 30 those of the United States Department of Veterans Affairs [FEDERAL VETERANS 31 ADMINISTRATION] education program. Educational assistance may only be
01 provided for a program or class in which the person is a student in good standing. 02 * Sec. 81. AS 29.45.030(i)(1) is amended to read: 03 (1) "disabled veteran" means a disabled person 04 (A) separated from the military service of the United States 05 under a condition that is not dishonorable who is a resident of the state, whose 06 disability was incurred or aggravated in the line of duty in the military service 07 of the United States, and whose disability has been rated as 50 percent or more 08 by the branch of service in which that person served or by the United States 09 Department of Veterans Affairs [VETERANS' ADMINISTRATION]; or 10 (B) who served in the Alaska Territorial Guard, who is a 11 resident of the state, whose disability was incurred or aggravated in the line of 12 duty while serving in the Alaska Territorial Guard, and whose disability has 13 been rated as 50 percent or more; 14 * Sec. 82. AS 29.47.470 is amended to read: 15 Sec. 29.47.470. Taxes or fees on transportation by certain air carriers 16 prohibited. Notwithstanding other provisions of law, a municipality may not levy or 17 collect a tax or fee on the air transportation of individuals or goods by a federally 18 certificated air carrier other than a tax or fee authorized under 49 U.S.C. 40116(e) or 19 40117 [49 U.S.C. App 1513(b) or (e)]. This section applies to home rule and general 20 law municipalities. 21 * Sec. 83. AS 32.05.435 is amended to read: 22 Sec. 32.05.435. Disclosure of partnership purposes. An application for 23 registration under this chapter must be accompanied by a separate statement of the 24 codes taken from the identification codes established under AS 10.06.870 that most 25 closely describe the activities in which the partnership [CORPORATION] intends to 26 engage. 27 * Sec. 84. AS 37.06.010(c) is amended to read: 28 (c) A minimum of $25,000 shall be allocated to each municipality's individual 29 grant account each fiscal year under (b) of this section. The department shall reduce 30 allocations under (b) of this section on a pro rata basis, based upon the population of 31 the municipalities, if necessary to fund the minimum amount for each municipality.
01 If appropriations are not sufficient to fully fund the minimum amount for each 02 municipality, the amount appropriated shall be allocated equally among the 03 municipalities' [MUNICIPALITY] individual grant accounts. 04 * Sec. 85. AS 38.05.180(j)(6)(B) is amended to read: 05 (B) keep the data described in (A) of this paragraph confidential 06 under AS 38.05.035(a)(9) at the request of the lessee or lessees making 07 application for the royalty modification; the confidential data may be disclosed 08 by the commissioner to legislators and to the legislative auditor and as directed 09 by the chair or vice-chair of the Legislative Budget and Audit [LB&A] 10 Committee to the director of the division of legislative finance, the permanent 11 employees of their respective divisions who are responsible for evaluating a 12 royalty modification, and to agents or contractors of the legislative auditor or 13 the legislative finance director who are engaged under contract to evaluate the 14 royalty modification, if [PROVIDED] they sign an appropriate confidentiality 15 agreement; 16 * Sec. 86. AS 39.27.030 is amended to read: 17 Sec. 39.27.030. Cost-of-living survey. Subject to an appropriation for this 18 purpose, the director shall conduct a survey, at least every five years, to review the pay 19 differentials established in AS 39.27.020. The survey may address factors, as 20 determined by the director, that are also relevant in review of state salary schedules, 21 entitlement for beneficiaries of state programs, and payments for state service 22 providers. The survey must reflect the costs of living in various election districts of 23 the state, and Seattle, Washington, by using the cost of living in Anchorage as a base. 24 In this section, "election district" has the meaning given in AS 39.27.020(b). 25 * Sec. 87. AS 39.35.125(b) is amended to read: 26 (b) Service as an elected official before January 1, 1981, with an employer 27 may be included retroactively as credited service with the system if the elected official 28 or former elected official makes retroactive contributions equal to what the official 29 would have [BEEN] made if the elected official or former elected official had been 30 included in the system when the oath of office as an elected official was taken, plus 31 accrued interest from July 1, 1984. The rate used to calculate the retroactive
01 contributions may not be less than the rate in effect on January 1, 1961. An elected 02 official or former elected official may not receive credited service under this subsection 03 for any period in which the elected official or former elected official was receiving a 04 retirement benefit from the system. An elected official or former elected official 05 receiving a retirement benefit from the system on January 1, 1981, is not eligible to 06 claim credited service under this subsection unless the elected official or former elected 07 official is reemployed as an active member. Service as an elected official with an 08 employer constitutes employment as an active member as long as a waiver of coverage 09 under (a) of this section is not in effect. 10 * Sec. 88. AS 41.10.100(b) is amended to read: 11 (b) The board shall also 12 (1) receive and review reports concerning the use of soil resources of 13 the state; 14 (2) hold public hearings and meetings to determine whether land in the 15 state is being used in a manner consistent with sound soil and water conservation 16 practices; 17 (3) make recommendations for specific action necessary to provide for 18 the effective and orderly development of agricultural, forest, and grazing land in the 19 state; 20 (4) review an appeal by an applicant or lessee from a decision of the 21 director of the division of land and water management concerning a sale or lease of 22 state agricultural or grazing land and submit its recommendations to the commissioner 23 or hearing officer; 24 (5) act in an advisory capacity to the soil and water conservation 25 districts in the state; 26 (6) act in an advisory capacity to the commissioner and director of the 27 division of agriculture in the review of farm conservation plans for all state agricultural 28 land sales in the state [ALASKA DISTRICT]. 29 * Sec. 89. AS 42.05.381(e) is amended to read: 30 (e) The commission shall adopt regulations for electric cooperatives and for 31 local exchange telephone utilities setting a range for adjustment of rates by a simplified
01 rate filing procedure. A cooperative or telephone utility may apply for permission to 02 adjust its rates over a period of time under the simplified rate filing procedure 03 regulations. The commission shall grant the application if the cooperative or telephone 04 utility satisfies the requirements of the regulations. The commission may review 05 implementation of the simplified rate filing procedure at reasonable intervals and may 06 revoke permission to use the procedure or require modification of the rates to correct 07 an error. [THE COMMISSION SHALL ADOPT THE REGULATIONS 08 CONCERNING ADJUSTMENT OF RATES BY LOCAL EXCHANGE TELEPHONE 09 UTILITIES ON OR BEFORE OCTOBER 1, 1991.] 10 * Sec. 90. AS 42.05.531 is amended to read: 11 Sec. 42.05.531. Distribution of surplus and profits. The surplus and profits 12 of a public utility [PUBLIC UTILITIES] shall be distributed in accordance with the 13 bylaws or ordinances controlling the utility. 14 * Sec. 91. AS 42.40.430 is amended to read: 15 Sec. 42.40.430. Acquisition of government property. The corporation, as an 16 instrumentality of the state, may acquire in its own name from the United States under 17 [50 U.S.C. APP. 1622 - 1622C (SURPLUS PROPERTY ACT OF 1944),] 40 U.S.C. 18 471 et seq. (Federal Property and Administrative Services Act of 1949) [,] or other 19 law, property under the control of a federal department or agency that is useful for the 20 corporation's purposes. The corporation may acquire from the Department of 21 Administration property of the state made available under AS 44.68.110 - 44.68.140. 22 * Sec. 92. AS 43.23.065(b) is amended to read: 23 (b) An exemption is not available under this section for permanent fund 24 dividends taken to satisfy 25 (1) child support obligations required by court order or decision of the 26 child support enforcement agency under AS 25.27.140 - 25.27.220; 27 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 28 or AS 47.12.120(b)(4); 29 (3) claims on defaulted education [SCHOLARSHIP] loans under 30 AS 43.23.067; 31 (4) court ordered fines;
01 (5) writs of execution under AS 09.35 of a judgment that is entered 02 (A) against a minor in a civil action to recover damages and 03 court costs; 04 (B) under AS 34.50.020 against the parent, parents, or legal 05 guardian of an unemancipated minor; 06 (6) a debt owed by an eligible individual to an agency of the state, 07 unless the debt is contested and an appeal is pending, or the time limit for filing an 08 appeal has not expired; 09 (7) a debt owed to a person for a program for the rehabilitation of 10 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 11 AS 25.20.061(3), or AS 33.16.150(f)(2). 12 * Sec. 93. AS 44.28.020(c) is amended to read: 13 (c) The department shall establish an automated inmate information system to 14 allow persons to place surcharge telephone calls to obtain information concerning 15 inmates and where they are incarcerated, bail and bond information, and information 16 concerning visiting hours at institutions. A system established under this subsection 17 [(1)] shall be designed so that 18 (1) all the costs of the system are, at a minimum, met by the revenues 19 received from calls to the system ; [,] and 20 (2) [SHALL BE DESIGNED SO THAT] the revenues received satisfy 21 or defray the costs of establishing and maintaining an automated victim notification 22 system [IF SUCH A SYSTEM IS] established under AS 12.61.050. 23 * Sec. 94. AS 44.31.020 is amended to read: 24 Sec. 44.31.020. Duties of department. The Department of Labor and 25 Workforce Development shall 26 (1) enforce the laws, and adopt regulations under them concerning 27 employer-employee relationships, including the safety, hours of work, wages, and 28 conditions of workers, including children; 29 (2) accumulate, analyze, and report labor statistics; 30 (3) operate systems of workers' compensation and unemployment 31 insurance;
01 (4) gather data reflecting the cost of living in the various election 02 districts of the state upon request of the director of personnel under AS 39.27.030; in 03 this paragraph, "election district" has the meaning given in AS 39.27.020(b); 04 (5) operate the federally funded employment and training programs 05 under 29 U.S.C. 1501 - 1792b (Job Training Partnership Act); and 06 (6) administer the state's program of adult basic education. 07 * Sec. 95. AS 44.33.020 is amended to read: 08 Sec. 44.33.020. Duties of department. The Department of Community and 09 Economic Development shall 10 (1) advise and assist local governments; 11 (2) advise the governor and other commissioners on the delivery of 12 government services to rural areas, including services relating to public safety, justice, 13 economic development, natural resource management, education, and public health; 14 (3) make recommendations to the governor and other commissioners 15 about policy changes that would affect rural governments and rural affairs; 16 (4) serve as staff for the Local Boundary Commission; 17 (5) conduct studies and carry out experimental and pilot projects for the 18 purpose of developing solutions to community and regional problems; 19 (6) promote cooperative solutions to problems affecting more than one 20 community or region, including joint service agreements, regional compacts, and other 21 forms of cooperation; 22 (7) serve as a clearinghouse for information useful in solution of 23 community and regional problems, and channel to the appropriate authority requests 24 for information and services; 25 (8) advise and assist community and regional governments on matters 26 of finance, including but not limited to bond marketing and procurement of federal 27 funds; 28 (9) prepare suggested guidelines relating to the content of notice of 29 bond sale advertisements, prospectuses, and other bonding matters issued by local 30 governments; 31 (10) administer state funds appropriated for the benefit of unorganized
01 regions within the state, allowing for maximum participation by local advisory councils 02 and similar bodies; 03 (11) as assigned through a delegation by the governor, administer and 04 implement the state's role in the federal community development quota program 05 established under 16 U.S.C. 1855(i) or a successor federal program; the department 06 may adopt regulations under a delegation from the governor to implement duties under 07 this paragraph; 08 (12) carry out those administrative functions in the unorganized 09 borough that the legislature may prescribe; 10 (13) study existing and proposed laws and state activities that affect 11 community and regional affairs and submit to the governor recommended changes in 12 those laws and activities; 13 (14) coordinate activities of the state that affect community and 14 regional affairs; 15 (15) assist in the development of new communities and serve as the 16 agent of the state for purposes of participation in federal programs relating to new 17 communities; 18 (16) supervise planning, management, and other activities required for 19 local eligibility for financial aid under those federal and state programs that provide 20 assistance to community and regional governments; 21 (17) advise and assist municipalities on procedures of assessment, 22 valuation, and taxation, and notify municipalities of major errors in those procedures; 23 (18) apply for, receive, and use funds from federal and other sources, 24 public or private, for use in carrying out the powers and duties of the department; 25 (19) request and utilize the resources of other agencies of state 26 government in carrying out the purposes of this chapter to the extent such utilization 27 is more efficient than maintaining departmental staff, reimbursing the other agencies 28 when appropriate; 29 (20) administer state and, as appropriate, federal programs for revenue 30 sharing, grants, and other forms of financial assistance to community and regional 31 governments;
01 (21) administer the state programs relating to commerce or community 02 development , enforce the laws relating to these programs, and adopt regulations under 03 these laws; 04 (22) register corporations; 05 (23) collect corporation franchise taxes; 06 (24) enforce state laws regulating public utilities and other public 07 service enterprises, banking and securities, insurance, and other businesses and 08 enterprises touched with a public interest; 09 (25) make veterans' loans; 10 (26) furnish the budgeting, clerical, and administrative services for 11 regulatory agencies and professional and occupational licensing boards not otherwise 12 provided for; 13 (27) conduct studies, enter into contracts and agreements, and make 14 surveys relating to the economic development of the state and, when appropriate, 15 assemble, analyze, and disseminate the findings obtained; 16 (28) provide factual information and technical assistance for potential 17 industrial and commercial investors; 18 (29) receive gifts, grants, and other aid that facilitate the powers and 19 duties of the department from agencies and instrumentalities of the United States or 20 other public or private sources; 21 (30) establish and activate programs to achieve balanced economic 22 development in the state and advise the governor on economic development policy 23 matters; 24 (31) formulate a continuing program for basic economic development 25 and for the necessary promotion, planning and research that will advance the economic 26 development of the state; 27 (32) cooperate with private, governmental, and other public institutions 28 and agencies in the execution of economic development programs; 29 (33) review the programs and annual reports of other departments and 30 agencies as they are related to economic development and prepare an annual report on 31 the economic growth of the state;
01 (34) administer the economic development programs of the state; 02 (35) perform all other duties and powers necessary or proper in relation 03 to economic development and planning for the state; 04 (36) request tourism-related businesses in the state to provide data 05 regarding occupancy levels, traffic flow and gross receipts and to participate in visitor 06 surveys conducted by the department; data collected under this paragraph that discloses 07 the particulars of an individual business is not a matter of public record and shall be 08 kept confidential; however, this restriction does not prevent the department from using 09 the data to formulate tourism economic impact information including expenditure 10 patterns, tax receipts and fees, employment and income attributable to tourism, and 11 other information considered relevant to the planning, evaluation , and policy direction 12 of tourism in the state; 13 (37) provide administrative and budgetary services to the Real Estate 14 Commission [REAL ESTATE COMMISSION] under AS 08.88 as requested by the 15 commission; 16 (38) sell at cost, to the extent possible, publications and promotional 17 materials developed by the department; 18 (39) as delegated by the governor, administer under 16 U.S.C. 1856 the 19 internal waters foreign processing permit procedures and collect related fees; 20 (40) administer state laws relating to the issuance of business licenses; 21 (41) comply with AS 15.07.055 to serve as a voter registration agency 22 to the extent required by state and federal law, including 42 U.S.C. 1973gg (National 23 Voter Registration Act of 1993); 24 (42) foster the growth of international trade within the state and 25 administer Alaska foreign offices; 26 (43) carry out other functions and duties, consistent with law, necessary 27 or appropriate to accomplish the purpose of this chapter. 28 * Sec. 96. AS 44.62.430(b) is amended to read: 29 (b) A subpoena issued under (a) of this section extends to all parts of the state 30 and shall be served in accordance with the rules of civil procedure. A witness is not 31 obliged to attend at a place out of the house [ELECTION] district in which the witness
01 resides unless the distance is less than 100 miles from the place of residence, except 02 that the agency, upon affidavit of a party showing that the testimony of the witness is 03 material and necessary, may endorse on the subpoena an order requiring the attendance 04 of the witness. 05 * Sec. 97. AS 46.03.313(d) is amended to read: 06 (d) The department shall hold public hearings in each house [ELECTION] 07 district in which a hazardous waste management facility site is proposed to be located. 08 The department shall give reasonable public notice of the time, date, and place of each 09 public hearing at least 30 days before the hearing. The public shall be afforded an 10 opportunity at each hearing to submit written and oral testimony concerning a potential 11 site. 12 * Sec. 98. AS 46.08.040(a) is amended to read: 13 (a) In addition to money in the response account of the fund that is transferred 14 to the commissioner of community and economic development to make grants under 15 AS 29.60.510 and to pay for impact assessments under AS 29.60.560, the 16 commissioner of environmental conservation may use money 17 (1) from the response account in the fund 18 (A) when authorized by AS 46.08.045, to investigate and 19 evaluate the release or threatened release of oil or a hazardous substance, and 20 contain, clean up, and take other necessary action, such as monitoring and 21 assessing, to address a release or threatened release of oil or a hazardous 22 substance that poses an imminent and substantial threat to the public health or 23 welfare, or to the environment; 24 (B) to provide matching funds in the event of a release of oil 25 or a hazardous substance for which use of the response account is authorized 26 by AS 46.08.045 for participation 27 (i) in federal oil discharge cleanup activities; and 28 (ii) under 42 U.S.C. 9601 - 9657 (Comprehensive 29 Environmental Response, Compensation, and Liability Act of 1980); 30 and 31 (C) to recover the costs to the state, a municipality, a village,
01 or a school district of a containment and cleanup resulting from the release or 02 the threatened release of oil or a hazardous substance for which money was 03 expended from the response account; 04 (2) from the prevention account in the fund to 05 (A) investigate and evaluate the release or threatened release of 06 oil or a hazardous substance, except a release described in AS 46.08.045(a), 07 and contain, clean up, and take other necessary action, such as monitoring and 08 assessing, to address a release or threatened release of oil or a hazardous 09 substance, except a release described in AS 46.08.045(a); 10 (B) pay all costs incurred 11 (i) to establish and maintain the oil and hazardous 12 substance response office; 13 (ii) under agreements entered into under AS 46.04.090 14 or AS 46.09.040; 15 (iii) to review oil discharge prevention and contingency 16 plans submitted under AS 46.04.030; 17 (iv) to conduct training, response exercises, inspections, 18 and tests, in order to verify equipment inventories and ability to prevent 19 and respond to oil and hazardous substance release emergencies, and to 20 undertake other activities intended to verify or establish the 21 preparedness of the state, a municipality, or a party required by 22 AS 46.04.030 to have an approved contingency plan to act in 23 accordance with that plan; and 24 (v) to verify or establish proof of financial responsibility 25 required by AS 46.04.040; 26 (C) pay, when presented with appropriate documentation by the 27 Department of Military and Veterans' Affairs, the expenses incurred by the 28 Department of Military and Veterans' Affairs for Alaska State Emergency 29 Response Commission activities, including staff support, when the activities 30 and staff support relate to oil or hazardous substances, and for the costs of 31 being prepared for responding to a request by the department for support in
01 response and restoration, but not including the costs of maintaining the 02 response corps and the emergency response depots under AS 26.23.045; 03 (D) pay all costs incurred to acquire, repair, or improve an asset 04 having an anticipated life of more than one year and that is acquired, repaired, 05 or improved as a preparedness measure by which the state may respond to, 06 recover from, reduce, or eliminate the effects of a release or threatened release 07 of oil or a hazardous substance; 08 (E) pay the costs, if approved by the commissioner, that were 09 incurred by local emergency planning committees to carry out the duties 10 assigned them by AS 26.23.073(g) [AS 46.13.080]; 11 (F) provide matching funds in the event of the release of oil or 12 a hazardous substance, except a release of oil for the containment and cleanup 13 of which use of the response account is authorized by AS 46.08.045, for 14 participation 15 (i) in federal oil discharge cleanup activities; and 16 (ii) under 42 U.S.C. 9601 - 9657 (Comprehensive 17 Environmental Response, Compensation, and Liability Act of 1980); 18 (G) pay or reimburse the storage tank assistance fund 19 established in AS 46.03.410 for expenditures from that fund authorized by 20 AS 46.03.410(b); 21 (H) transfer to the Department of Community and Economic 22 Development for payment by the commissioner of community and economic 23 development of 24 (i) municipal impact grants when authorized under 25 AS 29.60.510(b)(2); 26 (ii) assessments of the social and economic effects of the 27 release of oil or hazardous substances as required by AS 29.60.560 28 when, in the judgment of the commissioner, the release of oil or a 29 hazardous substance is not one that is described in AS 46.08.045; and 30 (iii) grants to repair, improve, or replace fuel storage 31 facilities under the bulk fuel system emergency repair and upgrade
01 program; 02 (I) recover the costs to the state, a municipality, a village, or a 03 school district of a containment and cleanup resulting from the release or 04 threatened release of oil or a hazardous substance for which money was 05 expended from the prevention account; 06 (J) prepare, review, and revise 07 (i) the state's master oil and hazardous substance 08 discharge prevention and contingency plan required by AS 46.04.200; 09 and 10 (ii) a regional master oil and hazardous substance 11 discharge prevention and contingency plan required by AS 46.04.210; 12 and 13 (K) restore the environment by addressing the effects of an oil 14 or hazardous substance release. 15 * Sec. 99. AS 46.08.150 is amended to read: 16 Sec. 46.08.150. Contracts. The department may enter into agreements with 17 agencies of the state and federal government, political subdivisions, the University of 18 Alaska, or private persons or entities to conduct research into oil and hazardous 19 substances spill technology [; THE DEPARTMENT SHALL INCLUDE IN THE 20 RESEARCH TOPICS FOR WHICH IT CONDUCTS OR CONTRACTS FOR 21 RESEARCH, THE RESEARCH TOPICS RECOMMENDED TO IT BY THE 22 HAZARDOUS SUBSTANCE SPILL TECHNOLOGY REVIEW COUNCIL UNDER 23 AS 46.13.120]. 24 * Sec. 100. AS 47.12.400(a) is amended to read: 25 (a) The department may use youth courts to hear, determine, and dispose of 26 cases involving a minor whose alleged act that brings the minor within the jurisdiction 27 of AS 47.12.010 - 47.12.260 constitutes a violation of a state law that is a 28 misdemeanor or a violation or [THAT] constitutes a violation of a municipal ordinance 29 that prescribes a penalty not exceeding the penalties for a class A misdemeanor under 30 state law. 31 * Sec. 101. The uncodified law of the State of Alaska enacted in sec. 54(b), ch. 132, SLA
01 1998, is amended to read: 02 (b) The amendments made by secs. 3 - 9, 16, 21 - 26, 30 - 33, 47, 51, and 52 03 of this Act are repealed July 1, 2001. If a law is amended by secs. 3 - 9, 16, 21 - 26, 04 30 - 33, 47, 51, or 52 of this Act by adding a new section or subsection, that new 05 section or subsection is repealed July 1, 2001. If a law is amended by secs. 3 - 9, 16, 06 21 - 26, 30 - 33, 47, 51, or 52 of this Act by adding new language to a section or 07 subsection that existed before the effective date of this section, that section or 08 subsection is repealed and reenacted on July 1, 2001, to read as it existed on the day 09 before the amendment to the law under secs. 3 - 9, 16, 21 - 26, 30 - 33, 47, 51, or 52 10 of this Act took effect except that, if the same section or subsection is repealed and 11 reenacted under sec. 148(c), ch. 87, SLA 1997, as amended by sec. 53 of this Act, that 12 section or subsection is repealed and reenacted on July 1, 2001, to read as it existed 13 on the day before the amendment to the law under ch. 87, SLA 1997, took effect. 14 When implementing this subsection and sec. 148(c), ch. 87, SLA 1997, as amended 15 by sec. 53 of this Act, the revisor of statutes may not retain any amendments made to 16 the affected statutes that took effect or take effect from July 1, 1997, through June 30, 17 2001. 18 * Sec. 102. AS 14.03.290(5); AS 14.43.120(p); AS 15.60.010(5); AS 39.50.200(b)(51); 19 AS 44.66.010(a)(19); AS 46.13.100, 46.13.110, 46.13.120, 46.13.130, and 46.13.900 are 20 repealed. 21 * Sec. 103. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 NO DELAYED REPEAL OF 1998 AMENDMENT TO AS 25.27.165(b). 24 Notwithstanding sec. 148(c), ch. 87, SLA 1997, as amended by sec. 53, ch. 132, SLA 1998, 25 and notwithstanding sec. 54(b), ch. 132, SLA 1998, the amendment to AS 25.27.165(b) made 26 by sec. 28, ch. 132, SLA 1998, is not repealed under sec. 148(c), ch. 87, SLA 1997, as 27 amended by sec. 53, ch. 132, SLA 1998 and is not affected by sec. 54(b), ch. 132, SLA 1998. 28 However, this bill section does not affect other amendments made to AS 25.27.165(b) by sec. 29 148(c), ch. 87, SLA 1997, as amended by sec. 53, ch. 132, SLA 1998, or other law. 30 * Sec. 104. The uncodified law of the State of Alaska is amended by adding a new section 31 to read:
01 REVISOR'S INSTRUCTION. Consistent with sec. 25 of this Act, the revisor of 02 statutes shall change the statutes and the lieutenant governor shall change the regulations so 03 that all references to the state Board of Education become references to the Board of 04 Education and Early Development. 05 * Sec. 105. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 REVISOR'S INSTRUCTION CONCERNING DATES ON STATUTORY FORMS. 08 The revisor of statutes is instructed to change "19__" or "1___" wherever they appear in 09 statute as part of a form to "2___." 10 * Sec. 106. This Act takes effect immediately under AS 01.10.070(c).