SB 42: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00SENATE BILL NO. 42 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 08.54.605(a) is amended to read: 05 (a) Notwithstanding AS 08.54.610, 08.54.620, 08.54.630, 08.54.650, and 06 08.54.660, a person may not receive or renew a registered guide license, master guide 07 license, class-A assistant guide license, assistant guide license, or transporter license 08 if 09 (1) the person has been convicted of 10 (A) a violation of a state hunting, guiding, or transportation 11 services statute or regulation within the last five years for which the person was 12 fined more than $1,000 or imprisoned for more than five days; 13 (B) a felony within the last five years; or 14 (C) a felony offense against the person under AS 11.41 within
01 the last 10 years; or 02 (2) the person's right to obtain, or exercise the privileges granted by, 03 a hunting, guiding, outfitting, or transportation services license is suspended or revoked 04 in this state or another state or in Canada. 05 * Sec. 2. AS 09.55.040 is amended to read: 06 Sec. 09.55.040. Compensation and expenses allowed. The members of the 07 jury and witnesses are entitled to the same compensation as in civil actions in a district 08 court, and the compensation and other incidental expenses shall be audited and allowed 09 as in the case of other similar expenses. [WHEN THE JUDGE OR MAGISTRATE 10 HAS SUBMITTED THE PETITION IN COMPLIANCE WITH AS 09.55.020 AND 11 THERE IS NO INTERESTED PARTY OR AN ESTATE FROM WHICH THE 12 COSTS OF THE PROCEEDINGS CAN BE AUDITED AND ALLOWED, THEN 13 THE COSTS SHALL BE PAID FROM THE "RELIEF FUND" CREATED BY THE 14 LAWS DEALING WITH LOST PERSONS, UPON VOUCHERS MADE OUT, 15 SIGNED, AND SWORN TO BY THE JUDGE OR MAGISTRATE.] 16 * Sec. 3. AS 09.55.069 is amended to read: 17 Sec. 09.55.069. Compensation and expenses allowed. The members of the 18 jury and witnesses in an inquest under AS 09.55.062 - 09.55.069 are entitled to the 19 same compensation as in civil actions in a district court, and the compensation and 20 other incidental expenses shall be audited and allowed as in the case of other similar 21 expenses. [WHEN THE JUDICIAL OFFICER HAS SUBMITTED THE PETITION 22 TO A JURY IN COMPLIANCE WITH AS 09.55.062 AND THERE IS NO 23 INTERESTED PARTY OR AN ESTATE FROM WHICH THE COSTS OF THE 24 PROCEEDINGS CAN BE AUDITED AND ALLOWED, THEN THE COSTS SHALL 25 BE PAID FROM THE "RELIEF FUND" CREATED BY THE LAWS DEALING 26 WITH LOST PERSONS, UPON VOUCHERS MADE OUT, SIGNED, AND SWORN 27 TO BY THE JUDICIAL OFFICER.] 28 * Sec. 4. AS 10.50.995 is amended to read: 29 Sec. 10.50.995. Short title. This chapter may be cited as the Alaska Revised 30 Limited Liability Company Act. 31 * Sec. 5. AS 11.61.123(e)(2) is amended to read:
01 (2) "private exposure" means that a person has exposed the person's 02 body or part of the body in a place, and under circumstances, that the person 03 reasonably believed would not result in the person's body or body parts being (A) 04 viewed by the defendant; or (B) produced in a picture; "private exposure" does not 05 include the exposure of a person's body or body parts in a law enforcement facility, 06 correctional facility, designated treatment facility, or a juvenile detention facility; in 07 this paragraph, "correctional facility" has the meaning given in AS 33.30.901, 08 "designated treatment facility" has the meaning given in AS 47.30.915, and "juvenile 09 detention facility" has the meaning given in AS 47.12.990 [AS 47.10.990]. 10 * Sec. 6. AS 13.06.050 is amended to read: 11 Sec. 13.06.050. General definitions for AS 13.06 - AS 13.36. Subject to 12 additional definitions contained in AS 13.06 - AS 13.36 that are applicable to specific 13 provisions of AS 13.06 - AS 13.36, and unless the context otherwise requires, in 14 AS 13.06 - AS 13.36 15 (1) "agent" includes an attorney-in-fact under a durable or nondurable 16 power of attorney and an individual authorized to make decisions concerning another's 17 health care; 18 (2) "application" means a written request to the registrar for an order 19 of informal probate or appointment under AS 13.16.080 - 13.16.130; 20 (3) "beneficiary," as it relates to a trust beneficiary, includes a person 21 who has a present or future interest, vested or contingent, and also includes the owner 22 of an interest by assignment or other transfer; as it relates to a charitable trust, 23 "beneficiary" includes a person entitled to enforce the trust; as it relates to a 24 "beneficiary of a beneficiary designation," "beneficiary" means a beneficiary of an 25 insurance or annuity policy, of an account with payment on death designation under 26 AS 13.33, of a security registered in beneficiary form under AS 13.33, or of a pension, 27 profit-sharing, retirement, or similar benefit plan, or of another nonprobate transfer at 28 death; and, as it relates to a "beneficiary designated in a governing instrument," 29 "beneficiary" includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary 30 of a beneficiary designation, a donee, appointee, or taker in default of a power of 31 appointment, and a person in whose favor a power of attorney or a power held in an
01 individual, fiduciary, or representative capacity is exercised; 02 (4) "beneficiary designation" means a governing instrument naming a 03 beneficiary of an insurance or annuity policy, of an account with payment on death 04 designation under AS 13.33, of a security registered in beneficiary form under 05 AS 13.33, or of a pension, profit-sharing, retirement, or similar benefit plan, or of 06 another nonprobate transfer at death; 07 (5) "child" includes an individual entitled to take as a child under 08 AS 13.06 - AS 13.36 by intestate succession from the parent whose relationship is 09 involved, and excludes a person who is only a stepchild, a foster child, a grandchild, 10 or a more remote descendant; 11 (6) "claims," in respect to estates of decedents and protected persons, 12 includes liabilities of the decedent or protected person, whether arising in contract, in 13 tort, or in another way, and liabilities of the estate that arise at or after the death of the 14 decedent or after the appointment of a conservator, including funeral expenses and 15 expenses of administration; "claims" does not include estate or inheritance taxes, or 16 demands or disputes regarding title of a decedent or protected person to specific assets 17 alleged to be included in the estate; 18 (7) "court" means the superior court in this state; 19 (8) "conservator" means a person who is appointed by a court to 20 manage the estate of a protected person; 21 (9) "descendant" of an individual means all of the individual's 22 descendants of all generations, with the relationship of parent and child at each 23 generation being determined by the definition of child and parent contained in 24 AS 13.06 - AS 13.36; 25 (10) "devise," when used as a noun, means a testamentary disposition 26 of real or personal property and, when used as a verb, means to dispose of real or 27 personal property by will; 28 (11) "devisee" means a person designated in a will to receive a devise; 29 in AS 13.16, in the case of a devise to an existing trust or trustee, or to a trust or 30 trustee described by will, the trust or trustee is the devisee and the beneficiaries are not 31 devisees;
01 (12) "disability" means a cause for a protective order as described in 02 AS 13.26.165; 03 (13) "distributee" means a person who has received property of a 04 decedent from the decedent's personal representative other than as a creditor or 05 purchaser; "distributee" includes a testamentary trustee only to the extent of the 06 distributed assets, or increment to the distributed assets, remaining in the hands of the 07 testamentary trustee; "distributee" includes a beneficiary of a testamentary trust to 08 whom the trustee has distributed property received from a personal representative; in 09 this paragraph, "testamentary trustee" includes a trustee to whom assets are transferred 10 by will, to the extent of the devised assets; 11 (14) "estate" includes the property of the decedent, trust, or other 12 person whose affairs are subject to AS 13.06 - AS 13.36 as originally constituted and 13 as it exists from time to time during administration; 14 (15) "exempt property" means the property of a decedent's estate that 15 is described in AS 13.12.403; 16 (16) "fiduciary" includes a personal representative, guardian, 17 conservator, and trustee; 18 (17) "foreign personal representative" means a personal representative 19 appointed by another jurisdiction; 20 (18) "formal proceedings" means proceedings conducted before a judge 21 with notice to interested persons; 22 (19) "governing instrument" means a deed, a will, a trust, an insurance 23 or annuity policy, an account with payment on death designation under AS 13.33, a 24 security registered in beneficiary form under AS 13.33, a pension, profit-sharing, 25 retirement, or similar benefit plan, an instrument creating or exercising a power of 26 appointment or a power of attorney, or a dispositive, appointive, or nominative 27 instrument of a similar type; 28 (20) "guardian" means a person who has qualified as a guardian of a 29 minor or incapacitated person in accordance with testamentary or court appointment, 30 but excludes a person who is merely a guardian ad litem; 31 (21) "heirs," except as controlled by AS 13.12.711, means a person,
01 including the surviving spouse and the state, who is entitled under the statutes of 02 intestate succession to the property of a decedent; 03 (22) "incapacitated person" has the meaning given in AS 13.26.005; 04 (23) "informal proceedings" means those proceedings conducted without 05 notice to interested persons by an officer of the court acting as a registrar for probate 06 of a will or appointment of a personal representative; 07 (24) "interested person" includes heirs, devisees, children, spouses, 08 creditors, beneficiaries, and other persons having property rights in or claims against 09 a trust estate or the estate of a decedent, ward, or protected person; "interested person" 10 also includes persons having priority for appointment as personal representative, and 11 other fiduciaries representing interested persons; "interested person," as it relates to 12 particular persons, may vary from time to time and its meaning shall be determined 13 according to the particular purposes of, and matter involved in, a proceeding; 14 (25) "issue" of a person means a descendant under (9) of this section; 15 (26) "joint tenants with the right of survivorship" includes co-owners 16 of property held under circumstances that entitle one or more of the co-owners to the 17 whole of the property on the death of one or more of the other co-owners, but excludes 18 forms of co-ownership registration in which the underlying ownership of each party 19 is in proportion to that party's contribution; 20 (27) "lease" includes an oil, gas, or mineral lease; 21 (28) "letters" includes letters testamentary, letters of guardianship, 22 letters of administration, and letters of conservatorship; 23 (29) "minor" means a person who is under 19 years of age; 24 (30) "mortgage" means a conveyance, agreement, or arrangement in 25 which property is encumbered or used as security; 26 (31) "nonresident decedent" means a decedent who was domiciled in 27 another jurisdiction at the time of the decedent's death; 28 (32) "organization" means a corporation, business trust, estate, trust, 29 partnership, joint venture, association, government or governmental subdivision or 30 agency, or another legal or commercial entity; 31 (33) "parent" includes a person entitled to take, or who would be
01 entitled to take if a child dies without a will, as a parent under AS 13.06 - AS 13.36 02 by intestate succession from the child whose relationship is in question, and excludes 03 a person who is only a stepparent, foster parent, or grandparent; 04 (34) "payor" means a trustee, insurer, business entity, employer, 05 government, governmental agency or subdivision, or another person authorized or 06 obligated by law or a governing instrument to make payments; 07 (35) "person" means an individual or an organization; 08 (36) [(35)] "personal representative" includes an executor, an 09 administrator, a successor personal representative, a special administrator, and a person 10 who performs substantially the same function under the law governing their status; 11 "general personal representative" excludes a special administrator; 12 (37) [(36)] "petition" means a written request to the court for an order 13 after notice; 14 (38) [(37)] "proceeding" includes an action at law and a suit in equity; 15 (39) [(38)] "property" means anything that may be the subject of 16 ownership, and includes both real and personal property and an interest in real or 17 personal property; 18 (40) [(39)] "protected person" has the meaning given in AS 13.26.005; 19 (41) [(40)] "protective proceeding" has the meaning given in 20 AS 13.26.005; 21 (42) [(41)] "registrar" means the official of the court designated to 22 perform the functions of registrar under AS 13.06.090; 23 (43) [(42)] "security" includes a note, a stock, a treasury stock, a bond, 24 a debenture, an evidence of indebtedness, a certificate of interest or participation in an 25 oil, gas, or mining title or lease or in payments out of production under an oil, gas, or 26 mining title or lease, a collateral trust certificate, a transferable share, a voting trust 27 certificate, an interest or instrument commonly known as a security, or a certificate of 28 interest or participation in, a temporary or interim certificate, receipt, or certificate of 29 deposit for, or a warrant or right to subscribe to or purchase, one of the items 30 identified in this paragraph; 31 (44) [(43)] "settlement," in reference to a decedent's estate, includes the
01 full process of administration, distribution, and closing; 02 (45) [(44)] "special administrator" means a personal representative as 03 described by AS 13.16.310 - 13.16.330; 04 (46) [(45)] "state" means a state of the United States, the District of 05 Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession 06 subject to the jurisdiction of the United States; 07 (47) [(46)] "successor personal representative" means a personal 08 representative, other than a special administrator, who is appointed to succeed a 09 previously appointed personal representative; 10 (48) [(47)] "successor" means a person, other than a creditor, who is 11 entitled to property of a decedent under the decedent's will or AS 13.06 - AS 13.36; 12 (49) [(48)] "supervised administration" refers to the proceedings 13 described in AS 13.16.215 - 13.16.235; 14 (50) [(49)] "survive" means to not predecease an event, including the 15 death of another individual, or to not be considered to predecease an event under 16 AS 13.12.104 or 13.12.702; "survive" includes its derivatives, including "survives," 17 "survived," "survivor," and "surviving"; 18 (51) [(50)] "testacy proceeding" means a proceeding to establish a will 19 or determine intestacy; 20 (52) [(51)] "testator" includes an individual of either sex; 21 (53) [(52)] "trust" includes an express trust, private or charitable, with 22 additions to the trust, wherever and however created; "trust" also includes a trust 23 created or determined by judgment or decree under which the trust is to be 24 administered in the manner of an express trust; "trust" excludes other constructive 25 trusts, resulting trusts, conservatorships, personal representatives, trust accounts that 26 are POD designation accounts under AS 13.33.201 - 13.33.227, custodial arrangements 27 under AS 13.26 or AS 13.46, business trusts providing for certificates to be issued to 28 beneficiaries, common trust funds, voting trusts, security arrangements, liquidation 29 trusts, trusts for the primary purpose of paying debts, dividends, interest, salaries, 30 wages, profits, pensions, or employee benefits of any kind, and any arrangement under 31 which a person is nominee or escrowee for another;
01 (54) [(53)] "trustee" includes an original, additional, or successor 02 trustee, whether or not appointed or confirmed by a court; 03 (55) [(54)] "ward" has the meaning given in AS 13.26.005; 04 (56) [(55)] "will" includes a codicil and a testamentary instrument that 05 merely appoints an executor, revokes or revises another will, nominates a guardian, or 06 expressly excludes or limits the right of an individual or class to succeed to property 07 of the decedent passing by intestate succession. 08 * Sec. 7. AS 13.26.344(a) is amended to read: 09 (a) In a statutory form power of attorney, the language conferring general 10 authority with respect to real estate transactions shall be construed to mean that, as to 11 an estate or interest in land of the principal, whether in the estate or elsewhere, the 12 principal authorizes the agent to 13 (1) accept as a gift or as security for a loan, demand, buy, lease, 14 receive , or otherwise acquire either ownership or possession of any estate or interest 15 in land; 16 (2) sell, exchange, convey, quitclaim, release, surrender, mortgage, 17 encumber, partition or consent to the partitioning, revoke, create or modify a trust, 18 grant options concerning, lease or sublet, or otherwise to dispose of, an estate or 19 interest in land; 20 (3) release in whole or in part, assign the whole or a part of, satisfy in 21 whole or in part, and enforce a mortgage, encumbrance, lien, or other claim to land 22 that exists, or is claimed to exist, in favor of the principal; 23 (4) do any act of management or of conservation with respect to an 24 estate or interest in land owned, or claimed to be owned, by the principal, including 25 by way of illustration, but not of restriction, power to insure against any casualty, 26 liability, or loss, obtain or regain possession or protect the estate or interest, pay, 27 compromise, or contest taxes or assessments, or apply for refunds in connection with 28 a payment, compromise, or tax, purchase supplies, hire assistance of labor, and make 29 repairs or alterations in the structures or land; 30 (5) use, develop, modify, alter, replace, remove, erect, or install 31 structures or other improvements on land in which the principal has, or claims to have,
01 an estate or interest; 02 (6) demand, receive, or obtain money or any other thing of value to 03 which the principal is, or may become, or may claim to be entitled as the proceeds of 04 an interest in land or of one or more of the transactions enumerated in this subsection; 05 conserve, invest, disburse, or use anything so received for purposes enumerated in this 06 subsection; and reimburse the agent for an expenditure properly made in the execution 07 of the powers conferred by the statutory form power of attorney; 08 (7) participate in any reorganization with respect to real property and 09 receive and hold any shares of stock or instrument of similar character received under 10 a plan of reorganization, and act with respect to a plan of reorganization, including by 11 way of illustration, but not of restriction, power to sell or otherwise to dispose of 12 shares, to exercise or to sell an option, conversion, or similar right, and to vote in 13 person by the granting of a proxy; 14 (8) agree and contract, in any manner, and with any person and on any 15 terms that the agent may select, for the accomplishment of any of the purposes 16 enumerated in this subsection, and perform, rescind, reform, release, or modify an 17 agreement or contract made by or on behalf of the principal; 18 (9) execute, acknowledge, seal, and deliver a deed, revocation, 19 declaration or modification of trust, mortgage, lease, notice, check, or other instrument 20 that the agent considers useful for the accomplishment of any of the purposes 21 enumerated in this subsection; 22 (10) prosecute, defend, submit to arbitration, settle, and propose or 23 accept a compromise with respect to, a claim existing in favor of, or against, the 24 principal based on or involving a real estate transaction or intervene in any related 25 action; 26 (11) hire, discharge, and compensate an attorney, accountant, expert 27 witness, or assistant when the agent considers that action to be desirable for the proper 28 execution of a power described in this subsection, and for the keeping of records about 29 that action; and 30 (12) do any other act or acts that the principal can do through an agent 31 with respect to any estate or interest in land.
01 * Sec. 8. AS 15.45.250 is amended to read: 02 Sec. 15.45.250. Provision and scope of use of referendum. The people may 03 approve or reject acts of the legislature by referendum. However, a referendum may 04 not be applied to dedication of revenue, to an appropriation, to local or special 05 legislation, or to laws necessary for the immediate preservation of the public peace, 06 health, or safety. 07 * Sec. 9. AS 18.26.030(b) is amended to read: 08 (b) The four public members appointed under (a)(4) of this section serve for 09 staggered four-year terms. Each must be a resident of the state and a qualified voter 10 at the time of appointment and shall comply with the requirements of AS 39.50 11 (public official financial disclosure) [(CONFLICT OF INTEREST)]. Each member 12 shall hold office for the term of the appointment and until a successor has been 13 appointed and qualified. A member is eligible for reappointment. A vacancy on the 14 board of directors occurring other than by expiration of term shall be filled in the same 15 manner as the original appointment but for the unexpired term only. Each member of 16 the board before entering upon the duties of office shall take and subscribe to an oath 17 to perform the duties of office faithfully, impartially, and justly to the best of the 18 member's ability. A record of the oath shall be filed in the Office of the Governor. 19 * Sec. 10. AS 19.10.300(f)(1) is amended to read: 20 (1) "commercial motor vehicle" means a motor vehicle or a 21 combination of a motor vehicle and one or more other vehicles 22 (A) used to transport passengers or property; 23 (B) used upon a land highway or vehicular way; and 24 (C) that 25 (i) has a gross vehicle weight rating or gross 26 combination weight rating greater than 26,000 pounds; 27 (ii) is designed to transport more than 15 passengers, 28 including the driver; or 29 (iii) is used in the transportation of materials found by 30 the United States Secretary of Transportation to be hazardous for 31 purposes of 49 U.S.C. 5101 - 5127 [49 U.S.C. 1801 - 1813
01 (HAZARDOUS MATERIALS TRANSPORTATION ACT)]; 02 (D) except that the following vehicles meeting the criteria in 03 (A) - (C) of this paragraph are not commercial vehicles: 04 (i) emergency or fire equipment that is necessary to the 05 preservation of life or property; 06 (ii) farm vehicles that are controlled and operated by a 07 farmer; used to transport agricultural products, farm machinery, or farm 08 supplies to or from that farmer's farm; not used in the operations of a 09 common or contract motor carrier; and used within 150 miles of the 10 farmer's farm; and 11 (iii) recreational vehicles used exclusively for purposes 12 other than commercial purposes; 13 * Sec. 11. AS 19.10.399(1) is amended to read: 14 (1) "commercial motor vehicle" means a self-propelled or towed vehicle 15 (A) used to transport passengers or property for commercial 16 purposes; 17 (B) used upon a highway or vehicular way; and 18 (C) that 19 (i) has a gross vehicle weight rating or gross 20 combination weight rating greater than 10,000 pounds; 21 (ii) is designed to transport more than 15 passengers, 22 including the driver; or 23 (iii) is used in the transportation of materials found by 24 the United States Secretary of Transportation to be hazardous for 25 purposes of 49 U.S.C. 5101 - 5127 [49 U.S.C. 1801 - 1813 26 (HAZARDOUS MATERIALS TRANSPORTATION ACT)]; 27 (D) except that the following vehicles meeting the criteria in 28 (A) - (C) of this paragraph are not commercial motor vehicles: 29 (i) emergency or fire equipment that is necessary to the 30 preservation of life or property; 31 (ii) farm vehicles that are controlled and operated by a
01 farmer; used to transport agricultural products, farm machinery, or farm 02 supplies to or from that farmer's farm; not used in the operations of a 03 common or contract motor carrier; and used within 150 miles of the 04 farmer's farm; 05 (iii) school buses; 06 (iv) vehicles owned and operated by the federal 07 government unless the vehicle is used to transport property of the 08 general public for compensation in competition with other persons who 09 own or operate a commercial motor vehicle subject to AS 19.10.310 - 10 19.10.399, and except to the extent that regulation of vehicles operated 11 by the federal government is permitted by federal law; and 12 (v) vehicles used exclusively for purposes other than 13 commercial purposes; 14 * Sec. 12. AS 24.60.050(d) is amended to read: 15 (d) If loan proceeds or other program benefits are received from nonqualifying 16 programs or loans after the end of a calendar year, the legislator or legislative 17 employee shall file a statement with the committee within 30 days after the beginning 18 of participation in the state program or receipt of proceeds from the state loan or by 19 the date required under AS 24.60.105 [FEBRUARY 15], whichever is later. If the 20 committee receives the statement while the legislature is in session, it shall promptly 21 forward the statement to the chief clerk of the house or the secretary of the senate, as 22 appropriate, who shall cause it to be published in the supplemental journal. If the 23 committee receives a statement while the legislature is not in session, it shall forward 24 the statement to the chief clerk of the house or the secretary of the senate for 25 publication when the legislature next convenes. 26 * Sec. 13. AS 24.60.130(m) is amended to read: 27 (m) Except as provided in (b)(1) and (2) of this section, a member may not 28 be a legislator, a legislative employee, an elected or appointed official required to 29 make [CONFLICT-OF-INTEREST] disclosures under AS 39.50 (public official 30 financial disclosure) , an officer of a political party, a candidate for public office, or 31 a registered lobbyist.
01 * Sec. 14. AS 28.33.140(d) is amended to read: 02 (d) A court convicting a person of an offense described in (a)(1) - (5) of this 03 section shall disqualify that person from driving a commercial motor vehicle for not 04 less than one year for a first offense, except that , if the offense was 05 (1) [WAS] facilitated by a commercial motor vehicle transporting a 06 hazardous substance that required that placards be placed on the vehicle under 49 07 U.S.C. 5101 - 5127 [49 U.S.C. 1801 - 1813 (HAZARDOUS MATERIALS 08 TRANSPORTATION ACT)], the period of disqualification is not less than three years; 09 (2) [WAS] a felony offense that involved the manufacture, distribution, 10 or dispensing, or possession with intent to manufacture, distribute, or dispense, a 11 controlled substance, the disqualification is for life and the license may not be 12 reinstated under (g) of this section. 13 * Sec. 15. AS 28.33.190(8) is amended to read: 14 (8) "hazardous substance" means a substance found by the United 15 States Secretary of Transportation to be hazardous for purposes of 49 U.S.C. 5101 - 16 5127 [49 U.S.C. 1801 - 1813 (HAZARDOUS MATERIALS TRANSPORTATION 17 ACT)]; 18 * Sec. 16. AS 28.40.100(2) is amended to read: 19 (2) "commercial motor vehicle" means a motor vehicle or a 20 combination of a motor vehicle and one or more other vehicles 21 (A) used to transport passengers or property; 22 (B) used upon a land highway or vehicular way; and 23 (C) that 24 (i) has a gross vehicle weight rating or gross 25 combination weight rating greater than 26,000 pounds; 26 (ii) is designed to transport more than 15 passengers, 27 including the driver; or 28 (iii) is used in the transportation of materials found by 29 the United States Secretary of Transportation to be hazardous for 30 purposes of 49 U.S.C. 5101 - 5127 [49 U.S.C. 1801 - 1813 31 (HAZARDOUS MATERIALS TRANSPORTATION ACT)];
01 (D) except that the following vehicles meeting the criteria in 02 (A) - (C) of this paragraph are not commercial vehicles: 03 (i) emergency or fire equipment that is necessary to the 04 preservation of life or property; 05 (ii) farm vehicles that are controlled and operated by a 06 farmer; used to transport agricultural products, farm machinery, or farm 07 supplies to or from that farmer's farm; not used in the operations of a 08 common or contract motor carrier; and used within 150 miles of the 09 farmer's farm; and 10 (iii) recreational vehicles used exclusively for purposes 11 other than commercial purposes; 12 * Sec. 17. AS 44.85.030 is amended to read: 13 Sec. 44.85.030. Membership and vacancies. The bond bank authority 14 consists of the following five directors: the commissioner of revenue, the commissioner 15 of community and regional affairs, who shall each be a director ex officio with voting 16 privileges, and three directors appointed by the governor. The appointment of each 17 director other than the commissioner of revenue and the commissioner of community 18 and regional affairs is subject to confirmation by the legislature. The three directors 19 appointed by the governor serve at the governor's pleasure for four-year terms. They 20 must be residents of the state and qualified voters at the time of appointment and shall 21 comply with the requirements of AS 39.50 (public official financial disclosure) 22 [(CONFLICT OF INTEREST)]. Each director shall hold office for the term of 23 appointment and until a successor has been appointed and qualified. A director is 24 eligible for reappointment. A vacancy in a directorship occurring other than by 25 expiration of term shall be filled in the same manner as the original appointment but 26 for the unexpired term only. Each director before entering upon the duties of office 27 shall take and subscribe to an oath to perform the duties faithfully, impartially, and 28 justly to the best of the director's ability. A record of the oath shall be filed in the 29 office of the governor. 30 * Sec. 18. AS 47.10.080(c) is amended to read: 31 (c) If the court finds that the child is a child in need of aid, the court shall
01 (1) order the child committed to the department for placement in an 02 appropriate setting for a period of time not to exceed two years or in any event past 03 the date the child becomes 19 years of age, except that the department or the child's 04 guardian ad litem may petition for and the court may grant in a hearing 05 (A) one-year extensions of commitment that do not extend 06 beyond the child's 19th birthday if the extension is in the best interests of the 07 child; and 08 (B) an additional one-year period of state custody past age 19 09 if the continued state custody is in the best interests of the person and the 10 person consents to it; 11 (2) order the child released to a parent, relative, or guardian of the child 12 or to another suitable person, and, in appropriate cases, order the parent, relative, 13 guardian, or other person to provide medical or other care and treatment; if the court 14 releases the child, it shall direct the department to supervise the care and treatment 15 given to the child, but the court may dispense with the department's supervision if the 16 court finds that the adult to whom the child is released will adequately care for the 17 child without supervision; the department's supervision may not exceed two years or 18 in any event extend past the date the child reaches age 19, except that the department 19 or the child's guardian ad litem may petition for and the court may grant in a hearing 20 (A) one-year extensions of supervision that do not extend 21 beyond the child's 19th birthday if the extensions are in the best interests of the 22 child; and 23 (B) an additional one-year period of supervision past age 19 if 24 the continued supervision is in the best interests of the person and the person 25 consents to it; or 26 (3) [BY] order, under the grounds specified in (o) of this section or 27 AS 47.10.088, the termination of parental rights and responsibilities of one or both 28 parents and commit the child to the custody of the department, and the department 29 shall report quarterly to the court on efforts being made to find a permanent placement 30 for the child. 31 * Sec. 19. Section 54, ch. 123, SLA 1996, is amended to read:
01 Sec. 54. FEDERAL OR OTHER PROGRAM RECEIPTS. Federal or other 02 program receipts as defined under AS 37.05.146 that exceed the amount appropriated 03 by sec. 100 [SEC. 102] of this Act are appropriated conditioned upon compliance with 04 the program review provisions of AS 37.07.080(h). 05 * Sec. 20. Section 2, ch. 143, SLA 1990; sec. 3, ch. 143, SLA 1990; and sec. 7, ch. 143, 06 SLA 1990, are repealed. 07 * Sec. 21. Section 19 of this Act is retroactive to July 1, 1996. 08 * Sec. 22. This Act takes effect immediately under AS 01.10.070(c).