SCS HB 375(JUD): "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."
00 SENATE CS FOR HOUSE BILL NO. 375(JUD) 01 "An Act making corrective amendments to the Alaska Statutes as recommended by the 02 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 01.10.070(d) is amended to read: 05 (d) An Act that [WHICH] specifies a definite effective date becomes effective 06 at 12:01 a.m., Alaska Standard Time, on the date specified. However, if the specified 07 definite effective date is on or before the day the governor signs the Act, the day 08 the governor's veto is overridden, or the last day of the period allowed for 09 gubernatorial action by art. II, sec. 17, Constitution of the State of Alaska, as 10 applicable, the Act becomes effective at 12:01 a.m., Alaska Standard Time, on the 11 day after the governor signs the Act, the governor's veto is overridden, or the 12 period allowed for gubernatorial action by art. II, sec. 17, Constitution of the 13 State of Alaska, expires, as applicable. 14 * Sec. 2. AS 14.48.190 is amended to read:
01 Sec. 14.48.190. Civil penalty. A person who violates the provisions of 02 AS 14.48.020 [,] or who fails or refuses to deposit with the commission 03 [COMMISSIONER] the records required by AS 14.48.150 is subject to a civil penalty 04 of not more than $1,000 for each violation. Each day's failure to comply with the 05 provisions of AS 14.48.020 and 14.48.150 constitutes a separate violation. The fine 06 may be imposed by the commission in an administrative proceeding or by a court of 07 competent jurisdiction. 08 * Sec. 3. AS 15.20.207(g) is amended to read: 09 (g) Upon completion of the questioned ballot review, the election supervisor 10 shall prepare an election certificate for execution by the district questioned ballot 11 counting board, and shall forward the original certificate and returns to the director as 12 soon as the count is completed but no later than the 16th [11TH] day following the 13 election. 14 * Sec. 4. AS 15.25.180(a) is amended to read: 15 (a) The petition must state in substance 16 (1) the full name of the candidate; 17 (2) the full residence address of the candidate and the date on which 18 residency at that address began; 19 (3) the full mailing address of the candidate; 20 (4) the name of the political group, if any, supporting the candidate; 21 (5) if the candidacy is for the office of state senator or state 22 representative, the house or senate district of which the candidate is a resident; 23 (6) the office for which the candidate is nominated; 24 (7) the date of the election at which the candidate seeks election; 25 (8) the length of residency in the state and in the district of the 26 candidate; 27 (9) that the subscribers are qualified voters of the state or house or 28 senate district in which the candidate resides; 29 (10) that the subscribers request that the candidate's name be placed on 30 the general [PRIMARY] election ballot; 31 (11) that the proposed candidate accepts the nomination and will serve
01 if elected, with the statement signed by the proposed candidate; 02 (12) the name of the candidate as the candidate wishes it to appear on 03 the ballot; 04 (13) that the candidate is not a candidate for any other office to be 05 voted on at the primary or general election and that the candidate is not a candidate for 06 this office under any other nominating petition or declaration of candidacy; 07 (14) that the candidate meets the specific citizenship requirements of 08 the office for which the person is a candidate; 09 (15) that the candidate will meet the specific age requirements of the 10 office for which the person is a candidate by the time that the candidate, if elected, is 11 sworn into office; 12 (16) that the candidate is a qualified voter; and 13 (17) if the candidacy is for the office of the governor, the name of the 14 candidate for lieutenant governor running jointly with the candidate for governor. 15 * Sec. 5. AS 16.43.160(f) is amended to read: 16 (f) For an entry permit or an interim-use permit issued for calendar year 2002 17 and following years, the holder of a permit whose household income, assets, and 18 financial resources fall within the eligibility standards for the food stamp program 19 under 7 U.S.C. 2011 - 2025 [7 U.S.C. 2001 - 2025], as amended, is subject to a 20 maximum annual fee that is equal to 50 percent of the fee that the permit holder would 21 otherwise pay under (e) of this section. 22 * Sec. 6. AS 18.56.300(b) is amended to read: 23 (b) As a condition of a commitment to purchase or approve a loan under this 24 section for residential housing the construction of which begins after June 30, 1992, 25 the corporation shall require inspection of the unit of residential housing that is the 26 subject of the loan. The inspection must be performed by a municipal building 27 inspector, by a person who is approved or certified to perform residential inspections 28 by the International Conference of Building Officials or the International Association 29 of Electrical Inspectors, or, when the unit of residential housing is located in a rural 30 area, by an architect registered [LICENSED] under AS 08.48, by an engineer 31 registered [LICENSED] under AS 08.48, or by another person approved by the
01 corporation. When the unit of residential housing is located in a rural area, the person 02 who makes the inspection may use methods other than a personal physical inspection 03 to make the inspection if the method is approved by the corporation, and variations 04 from the applicable code may be accepted at the corporation's discretion, if the person 05 authorized to inspect the unit under this subsection satisfies the corporation that the 06 variation does not adversely affect the structural integrity of the unit or the health and 07 safety of the residents. The person who makes the inspection shall determine whether 08 the construction conforms to relevant provisions of the construction codes of the 09 municipality or of the state building code, as applicable, at each of the following 10 stages of construction: 11 (1) plan approval; 12 (2) completion of footings and foundations; 13 (3) completion of electrical installation, plumbing, and framing; 14 (4) completion of installation of insulation; 15 (5) final approval. 16 * Sec. 7. AS 23.30.017(c) is amended to read: 17 (c) In this section, 18 (1) "design professional" means a person registered [LICENSED] 19 under AS 08.48 as an architect, engineer, or land surveyor; 20 (2) "professional services" means services provided by a design 21 professional that are within the scope of services for which the design professional is 22 registered [LICENSED]. 23 * Sec. 8. AS 33.32.017(d) is amended to read: 24 (d) In exchange for the inmate workers and other services provided to it, the 25 private industry or organization shall pay to the commissioner a weekly payment in an 26 amount not less than [THE SUM OF] the existing minimum hourly wage, established 27 under AS 23.10.065, multiplied by the total number of hours worked during that week 28 by inmates employed in the "Free Venture" correctional industry. 29 * Sec. 9. AS 35.15.080(f) is amended to read: 30 (f) To carry out the purpose of this section, the commissioner of transportation 31 and public facilities shall adopt regulations relating to the application for and the
01 making and the conditions of agreements and the local assumption of responsibilities 02 for the planning, design, and construction of public works under this section. The 03 commissioner shall include in grant contracts terms and conditions requiring a 04 regional school board and its contractors to adhere to the provisions of AS 36.05.010 05 with respect to the payment of wage rates on construction projects [, AND 06 AS 36.10.010 WITH RESPECT TO EMPLOYMENT PREFERENCE,] and may 07 require different terms in agreements for different projects to meet local conditions 08 and unique requirements and to assure compliance with the public facilities 09 procurement policies developed by the department under AS 35.10.160 - 35.10.200. If 10 necessary, the commissioner may require as a condition of an agreement approval of 11 the agreement by the federal government. Regulations adopted, amended, or repealed 12 by the department under this section that [WHICH] relate to educational facilities 13 shall be developed in conjunction with the Alaska Association of School Boards and 14 the Alaska Association of School Administrators and reviewed by those associations 15 before final action on the regulations is taken by the department. 16 * Sec. 10. AS 35.40.010 is amended to read: 17 Sec. 35.40.010. E. L. Patton Bridge. The bridge spanning the Yukon River 18 at the southern terminus of the James Dalton Highway [HIGHWAY] is named "The 19 E. L. Patton Bridge ["] ." 20 * Sec. 11. AS 44.21.225 is amended to read: 21 Sec. 44.21.225. Executive director. The executive director of the 22 commission shall 23 (1) formulate a comprehensive statewide plan that identifies the 24 concerns and needs of older Alaskans and present that plan to the commission; 25 (2) administer, with the approval of the commissioner of 26 administration, federal programs subject to state control as provided under 42 U.S.C. 27 3001 - 3058ee [42 U.S.C. 3001 - 3045i] (Older Americans Act), as amended; and 28 (3) administer, with the approval of the commissioner of 29 administration, state programs as provided under AS 47.65. 30 * Sec. 12. AS 44.21.230(a)(7) is amended to read: 31 (7) with the approval of the commissioner of administration, set policy
01 for the administration of federal programs subject to state control as provided under 02 42 U.S.C. 3001 - 3058ee [42 U.S.C. 3001 - 3045i] (Older Americans Act), as 03 amended, and evaluate grant applicants and make grant awards under those programs; 04 * Sec. 13. AS 45.02.401 is amended to read: 05 Sec. 45.02.401. Passing of title; reservation for security; limited 06 application of this section. Each provision of this chapter with regard to the rights, 07 obligations, and remedies of the seller, the buyer, purchasers, or other third parties 08 applies irrespective of title to the goods except where the provision refers to the title. 09 Insofar as situations are not covered by the other provisions of this chapter and matters 10 concerning title become material the following rules apply: 11 (1) title to goods cannot pass under a contract for sale before their 12 identification to the contract (AS 45.02.501), and, unless otherwise explicitly agreed, 13 the buyer acquires by their identification a special property as limited by the code; a 14 retention or reservation by the seller of the title (property) in goods shipped or 15 delivered to the buyer is limited in effect to a reservation of a security interest; subject 16 to these provisions and to the provisions of AS 45.29 [AS 45.09.101 - 45.09.507], title 17 to goods passes from the seller to the buyer in the manner and on the conditions 18 explicitly agreed on by the parties; 19 (2) unless otherwise explicitly agreed, title passes to the buyer at the 20 time and place at which the seller completes performance with reference to the 21 physical delivery of the goods, despite a reservation of a security interest and even 22 though a document of title is to be delivered at a different time or place; in particular 23 and despite a reservation of a security interest by the bill of lading, 24 (A) if the contract requires or authorizes the seller to send the 25 goods to the buyer but does not require the seller to deliver them at destination, 26 title passes to the buyer at the time and place of shipment; but 27 (B) if the contract requires delivery at destination, title passes 28 on tender there; 29 (3) unless otherwise explicitly agreed, where delivery is to be made 30 without moving the goods, 31 (A) if the seller is to deliver a document of title, title passes at
01 the time and place the seller delivers the documents; or 02 (B) if the goods are at the time of contracting already identified 03 and no documents are to be delivered, title passes at the time and place of 04 contracting; 05 (4) a rejection or other refusal by the buyer to receive or retain the 06 goods, whether or not justified, or a justified revocation of acceptance revests title to 07 the goods in the seller; this revesting occurs by operation of law and is not a "sale." 08 * Sec. 14. AS 46.03.760(a) is amended to read: 09 (a) A person who violates or causes or permits to be violated a provision of 10 this chapter other than AS 46.03.250 - 46.03.313 [AS 46.03.250 - 46.03.314], or a 11 provision of AS 46.04 or AS 46.09, or a regulation, a lawful order of the department, 12 or a permit, approval, or acceptance, or term or condition of a permit, approval, or 13 acceptance issued under this chapter or AS 46.04 or AS 46.09 is liable, in a civil 14 action, to the state for a sum to be assessed by the court of not less than $500 nor more 15 than $100,000 for the initial violation, nor more than $5,000 for each day after that on 16 which the violation continues, and that shall reflect, when applicable, 17 (1) reasonable compensation in the nature of liquidated damages for 18 any adverse environmental effects caused by the violation, which shall be determined 19 by the court according to the toxicity, degradability, and dispersal characteristics of 20 the substance discharged, the sensitivity of the receiving environment, and the degree 21 to which the discharge degrades existing environmental quality; 22 (2) reasonable costs incurred by the state in detection, investigation, 23 and attempted correction of the violation; 24 (3) the economic savings realized by the person in not complying with 25 the requirement for which a violation is charged. 26 * Sec. 15. AS 47.05.012 is amended to read: 27 Sec. 47.05.012. Material incorporated by reference. Under 28 AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a 29 document or other material by reference, the department may incorporate future 30 amended versions of the document or other material if the document or other material 31 is one of the following:
01 (1) a document that is published, compiled, or prepared by the United 02 States Department of Health and Human Services and is included in the following list: 03 (A) the international classification of diseases, clinical 04 modifications; 05 (B) the common procedure coding system; 06 (C) the specifications for national uniform billing data 07 elements; 08 (D) the federal poverty guidelines for the state; 09 (E) the Indian Health Service encounter rates; or 10 (F) the relative value units used in the Medicare program for 11 determination of fee schedules; 12 (2) the current procedural terminology for physicians published by the 13 American Medical Association; 14 (3) the diagnostic and statistical manual of mental disorders published 15 by the American Psychiatric Association; 16 (4) the length of stay in hospitals by diagnosis and operation for the 17 western region of the United States, published by Solucient; [HCIA, INC.] 18 (5) the relative value guide published by the American Society of 19 Anesthesiologists; 20 (6) the consumer price index published by the United States 21 Department of Labor; 22 (7) the health plan employer data and information set published by the 23 National Committee for Quality Assurance; 24 (8) practice standards adopted by the American Academy of Pediatrics, 25 American College of Obstetricians and Gynecologists, American Diabetes 26 Association, American Cancer Society, American Academy of Family Physicians, 27 American College of Physicians, United States Centers for Disease Control and 28 Prevention, Agency for Healthcare Research and Quality [HEALTH CARE 29 POLICY AND RESEARCH], or the National Asthma Education and Prevention 30 Program; 31 (9) the compendium of animal rabies control published by the United
01 States Centers for Disease Control and Prevention; 02 (10) the control of communicable diseases manual published by the 03 American Public Health Association; 04 (11) the standards manual and interpretative guidelines for behavioral 05 health, employment and community support services, and for medical rehabilitation 06 published by the Commission on Accreditation of Rehabilitative Facilities; 07 (12) consumer assessment of health plans published by the Agency for 08 Health Care Policy and Research; or 09 (13) resources for optimal care of the injured patient published by the 10 Committee on Trauma, American College of Surgeons. 11 * Sec. 16. AS 36.10.006 and AS 18.55.934(b) are repealed. 12 * Sec. 17. Sections 1 - 18, 25, and 26, ch. 99, SLA 1985, and ch. 148, SLA 1990, are 13 repealed. 14 * Sec. 18. This Act takes effect immediately under AS 01.10.070(c).