HB 152: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; providing for an effective date by repealing the effective date of sec. 33, ch. 122, SLA 1977; and providing for an effective date."
00 HOUSE BILL NO. 152 01 "An Act making corrective amendments to the Alaska Statutes as recommended by the 02 revisor of statutes; providing for an effective date by repealing the effective date of sec. 03 33, ch. 122, SLA 1977; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 03.09.020(a) is amended to read: 06 (a) The director of the division of the department with responsibility for 07 agriculture [OF THE DEPARTMENT] shall serve as the director of the Board of 08 Agriculture and Conservation. The director may employ staff and, as directed by the 09 board, is responsible for the daily operations of the agricultural revolving loan fund 10 (AS 03.10.040). 11 * Sec. 2. AS 03.22.010 is amended to read: 12 Sec. 03.22.010. Establishment of plant materials center. The Department of 13 Natural Resources, in cooperation with the college or department of the University 14 of Alaska responsible for the Agricultural and Forestry Experiment Station
01 [INSTITUTE OF AGRICULTURAL SCIENCES], shall establish and maintain a 02 plant materials center. 03 * Sec. 3. AS 03.22.020 is amended to read: 04 Sec. 03.22.020. Purpose of center. The objectives of the plant materials 05 center, in cooperation with the college or department of the University of Alaska 06 responsible for the Agricultural and Forestry Experiment Station [INSTITUTE 07 OF AGRICULTURAL SCIENCES], are to 08 (1) assemble, evaluate, select, and increase plant materials needed in 09 soil and water conservation, agriculture, and industry, and maintain genetic purity of 10 these materials; 11 (2) increase promising plant materials for field scale testing; 12 (3) test the promising materials in field plantings on sites that represent 13 soil and climatic conditions not found at the center; 14 (4) maintain and provide for increase of basic seed stocks of plant 15 materials for agricultural and conservation interests; 16 (5) make seed and plant materials available, for a fee if necessary, in 17 such a manner as to avoid monopolistic control of basic stocks of these materials and 18 encourage the development of a seed industry; 19 (6) support but not duplicate activities carried on by state or federally 20 funded research programs in the state; 21 (7) prepare, publish, and disseminate a summary report on all studies 22 as they are completed. 23 * Sec. 4. AS 03.22.040 is amended to read: 24 Sec. 03.22.040. Personnel. The department shall ensure that competent 25 professional, secretarial, and subprofessional personnel necessary to carry on the work 26 of the center are employed. The administrator of the plant materials center is a joint 27 appointment between the Department of Natural Resources and the college or 28 department of the University of Alaska responsible for the Agricultural and 29 Forestry Experiment Station. 30 * Sec. 5. AS 03.22.050 is amended to read: 31 Sec. 03.22.050. Department to cooperate. The department shall cooperate
01 with the college or department of the University of Alaska responsible for the 02 Agricultural and Forestry Experiment Station [INSTITUTE OF 03 AGRICULTURAL SCIENCES] and the United States Soil Conservation Service by a 04 formal memorandum of understanding and may cooperate with any department or 05 agency of federal, state, or local government, research organization, or other 06 organization concerned with conservation or agriculture. 07 * Sec. 6. AS 03.47.040(2) is amended to read: 08 (2) "division" means the division of the department with 09 responsibility for agriculture [, DEPARTMENT OF NATURAL RESOURCES]; 10 * Sec. 7. AS 03.58.010 is amended to read: 11 Sec. 03.58.010. Prohibition. A person may not sell, offer for sale, represent, or 12 label a raw or processed agricultural product, including ingredients, as "organic" 13 unless the product has been produced, handled, and certified under 7 U.S.C. 6501 - 14 6523 [7 U.S.C. 6501 - 6522], as amended, or under the state organic certification 15 program established under AS 03.58.015. 16 * Sec. 8. AS 08.36.246(a) is amended to read: 17 (a) An applicant for a specialty license shall 18 (1) meet all of the requirements under AS 08.36.110(1) and (3); 19 (2) have completed as many academic years of advanced education in 20 the specialty as are required by the appropriate specialty board in a program accredited 21 by the Commission on Accreditation of the American Dental Association or its 22 successor agency; 23 (3) be a diplomate or the equivalent of the appropriate specialty board, 24 or be eligible to be examined for diplomate status as documented by an organization 25 recognized by the American Dental Association; and 26 (4) satisfy one of the following: 27 (A) pass an examination approved by the board; or 28 (B) [PASS A SPECIALTY EXAMINATION GIVEN BY THE 29 CENTRAL REGIONAL EXAMINING BOARD; OR 30 (C)] be board certified by a specialty certification board 31 recognized by the American Dental Association.
01 * Sec. 9. AS 11.56.762(a) is amended to read: 02 (a) A person commits the crime of unlawful use of DNA samples if the person 03 knowingly, without authorization under AS 44.41.035, possesses or allows another 04 person access to 05 (1) a blood, oral, or tissue sample collected for inclusion in the 06 deoxyribonucleic acid identification registration system under AS 44.41.035; [,] or 07 (2) identification data or records derived from those samples. 08 * Sec. 10. AS 12.55.125(b) is amended to read: 09 (b) A defendant convicted of attempted murder in the first degree, solicitation 10 to commit murder in the first degree, conspiracy to commit murder in the first degree, 11 kidnapping, or misconduct involving a controlled substance in the first degree shall be 12 sentenced to a definite term of imprisonment of at least five years but not more than 13 99 years. A defendant convicted of murder in the second degree or murder of an 14 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 15 imprisonment of at least 10 years but not more than 99 years. A defendant convicted 16 of murder in the second degree shall be sentenced to a definite term of imprisonment 17 of at least 20 years but not more than 99 years when the defendant is convicted of the 18 murder of a child under 16 years of age and the court finds by clear and convincing 19 evidence that the defendant (1) was a natural parent, a stepparent, an adoptive 20 [ADOPTED] parent, a legal guardian, or a person occupying a position of authority in 21 relation to the child; or (2) caused the death of the child by committing a crime against 22 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 23 "position of authority" have the meanings given in AS 11.41.470. 24 * Sec. 11. AS 12.61.020(a) is amended to read: 25 (a) Every person contracting with an offender with respect to the reenactment 26 of the offender's crime by way of a movie, book, magazine article, radio or television 27 presentation, or live entertainment of any kind, or to [FROM] the expression of the 28 offender's thoughts, feelings, opinions, or emotions regarding the crime, shall pay to 29 the state any money that would otherwise be owing to the offender. 30 * Sec. 12. AS 12.61.020(c) is amended to read: 31 (c) Notwithstanding other statutory limitations, a civil action by a victim
01 against an offender for damages resulting from the commission of the crime [,] must 02 be commenced within 10 years of the date of the crime [,] or the date of the discovery 03 of the perpetrator of the crime if the perpetrator is unknown on the date of the 04 commission of the crime. 05 * Sec. 13. AS 12.62.160(a) is amended to read: 06 (a) Criminal justice information and the identity of recipients of criminal 07 justice information are [IS] confidential and exempt from disclosure under AS 40.25. 08 The existence or nonexistence of criminal justice information may not be released to 09 or confirmed to any person except as provided in this section and AS 12.62.180(d). 10 * Sec. 14. AS 13.06.050(21) is amended to read: 11 (21) "heir," ["HEIRS,"] except as controlled by AS 13.12.711, means 12 a person, including the surviving spouse and the state, who is entitled under the 13 statutes of intestate succession to the property of a decedent; 14 * Sec. 15. AS 14.03.075(g)(2) is amended to read: 15 (2) "individualized education program team" means a group of 16 people that translates child assessment information regarding a child into a 17 practical plan for specially designed instruction and delivery of services for the 18 child, consisting of the persons necessary to qualify the team under appropriate 19 federal regulations applicable to a child with a disability who is eligible for 20 special education services under AS 14.30 [HAS THE MEANING GIVEN IN 21 AS 14.30.350]. 22 * Sec. 16. AS 14.17.600 is amended to read: 23 Sec. 14.17.600. Student count [COUNTING] periods. (a) Within two weeks 24 after the end of the 20-school-day period ending the fourth Friday in October, each 25 district shall transmit a report to the department that, under regulations adopted by the 26 department, reports its ADM for that count [COUNTING] period and other student 27 count information that will aid the department in making a determination of its state 28 aid under the public school funding program. For centralized correspondence study, 29 the October report shall be based on the period from July 1 through the fourth Friday 30 in October. The department may make necessary corrections in the report submitted 31 and shall notify the district of changes made. The commissioner shall notify the
01 governor of additional appropriations the commissioner estimates to be necessary to 02 fully finance the public school funding program for the current fiscal year. 03 (b) Upon written request and for good cause shown, the commissioner may 04 permit a district to use a 20-school-day count [COUNTING] period other than the 05 period set out in (a) of this section. However, a count [COUNTING] period approved 06 under this subsection must be 20 consecutive school days unless one or more alternate 07 count [COUNTING] periods are necessary to permit a district to implement flexible 08 scheduling that meets the district's needs and goals without jeopardizing the state aid 09 for which the district would ordinarily be eligible under this chapter. 10 * Sec. 17. AS 14.17.920 is amended by adding a new subsection to read: 11 (b) The department shall, by regulation, define the term "school" for purposes 12 of this chapter. 13 * Sec. 18. AS 14.17.990(5) is amended to read: 14 (5) "eligible federal impact aid" means the amount of federal impact 15 aid received by a district as of March 1 of the fiscal year as a result of an application 16 submitted in the preceding fiscal year, including advance payments and adjustments 17 received since March 1 of the preceding fiscal year from prior year applications, under 18 20 U.S.C. 7701 - 7714, except payments received under former 20 U.S.C. 19 7703(f)(2)(B), to the extent the state may consider that aid as local resources under 20 federal law; 21 * Sec. 19. AS 14.20.149(a) is amended to read: 22 (a) A school board shall adopt [BY JULY 1, 1997,] a certificated employee 23 evaluation system for evaluation and improvement of the performance of the district's 24 teachers and administrators. The evaluation system applies to all the district's 25 certificated employees except the district's superintendent. A school board shall 26 consider information from students, parents, community members, classroom teachers, 27 affected collective bargaining units, and administrators in the design and periodic 28 review of the district's certificated employee evaluation system. An evaluation of a 29 certificated employee under this section must be based on observation of the employee 30 in the employee's workplace. 31 * Sec. 20. AS 14.30.174(b)(2) is amended to read:
01 (2) "federal education law" means 20 U.S.C. 1400 - 1482 (Individuals 02 with Disabilities Education Act), 20 U.S.C. 7101 et seq. [20 U.S.C. 7101 - 7143] 03 (Safe and Drug-Free Schools and Communities Act of 1994), 29 U.S.C. 794 04 (nondiscrimination under federal grants and programs), and 42 U.S.C. 12101 - 12213 05 (equal opportunity for individuals with disabilities); 06 * Sec. 21. AS 14.35.025 is amended to read: 07 Sec. 14.35.025. Duties of the Department of Education and Early 08 Development. When required by any of the Acts described in AS 14.35.010, the 09 department shall 10 (1) cooperate with the appropriate federal agency [UNITED 11 STATES DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE] in the 12 administration of the Act; 13 (2) do everything necessary to entitle the state to receive money 14 available according to the Act; 15 (3) represent the state in all matters related to the administration of the 16 Act; 17 (4) expend and disburse money received according to the Act; 18 (5) designate the districts, schools, departments, or classes to 19 participate in the benefits of money received according to the Act. 20 * Sec. 22. AS 14.40.826(a) is amended to read: 21 (a) The powers and responsibilities of the corporation are vested in the board 22 of directors. The board of directors of the corporation consists of nine members 23 appointed by the governor as follows: 24 (1) three state residents who have a significant high level of experience 25 in the private business sector, specializing in financing or economic development or 26 marketing; two of the state residents appointed under this paragraph shall be residents 27 of the borough where the launch activities of the corporation occur if qualified 28 candidates residing in the borough are available; 29 (2) the president or the designee of the president of the University of 30 Alaska; 31 (3) the director or designee of the Geophysical Institute of the
01 University of Alaska; 02 (4) the commissioner of commerce, community, and economic 03 development or the commissioner's designee; 04 (5) two members who have held or currently hold positions in the 05 aerospace or commercial space industry, have [OR] special experience regarding 06 federal regulatory procedures and policies involving space, or have operational 07 experience; members with aerospace experience may not exceed one; and 08 (6) a public school educator or a public member. 09 * Sec. 23. AS 14.50.010 is amended to read: 10 Sec. 14.50.010. Acceptance of federal funds. The legislature assents to 11 federal aid under former 20 U.S.C. 401 - 602 [PUBLIC LAW 85-864, 72 STAT. 12 1580, 85TH CONGRESS (20 U.S.C. 401-602)] on behalf of the state. The 13 commissioner of education and early development may do all things necessary to 14 cooperate with the United States government to participate under former 20 U.S.C. 15 401 - 602 [THE ACT] and under any Act [AMENDING OR] supplementing the 16 provisions of former 20 U.S.C. 401 - 602 [IT], subject to prior concurrence of the 17 governor. 18 * Sec. 24. AS 14.57.199(1) is amended to read: 19 (1) "director" means the director of the division of the department 20 that has responsibility for [OF] state libraries, archives, and museums; 21 * Sec. 25. AS 15.45.160 is amended to read: 22 Sec. 15.45.160. Bases for determining the petition was improperly filed. 23 The lieutenant governor shall notify the committee that the petition was improperly 24 filed upon determining that 25 (1) there is an insufficient number of qualified subscribers; [OR] 26 (2) the subscribers were not resident in at least three-fourths [TWO- 27 THIRDS] of the house districts of the state; or 28 (3) there is an insufficient number of qualified subscribers from 29 each of the house districts described in (2) of this section. 30 * Sec. 26. AS 15.45.390 is amended to read: 31 Sec. 15.45.390. Bases for determining the petition was improperly filed.
01 The lieutenant governor shall notify the committee that the petition was improperly 02 filed upon determining that 03 (1) there is an insufficient number of qualified subscribers; 04 (2) the subscribers were not resident in at least three-fourths [TWO- 05 THIRDS] of the house districts of the state; [OR] 06 (3) there is an insufficient number of qualified subscribers from 07 each of the house districts described in (2) of this section; or 08 (4) the petition was not filed within 90 days after the adjournment of 09 the legislative session at which the act was passed. 10 * Sec. 27. AS 17.37.070(6) is amended to read: 11 (6) "facility monitored by the department or the Department of 12 Administration" means an institution, building, office, or home operated by the 13 department or the Department of Administration, funded by the department or the 14 Department of Administration, under contract with the department or the Department 15 of Administration, inspected by the department or the Department of Administration, 16 designated by the department or the Department of Administration, or licensed by the 17 department or the Department of Administration, for the care of 18 (A) juveniles; for the purposes of this subparagraph, 19 "institution" includes a foster home and a group home, and a juvenile detention 20 facility, a juvenile detention home, a juvenile work camp, and a treatment 21 facility, as those terms are defined in AS 47.12.990 [AS 47.14.990]; 22 (B) the elderly; for the purposes of this subparagraph, 23 "institution" includes 24 (i) an assisted living home as defined in AS 47.33.990; 25 and 26 (ii) the Alaska Pioneers' Home or the Alaska Veterans' 27 Home, operated under AS 47.55; 28 (C) the mentally ill; for the purposes of this subparagraph, 29 "institution" includes a designated treatment facility and an evaluation facility, 30 as those terms are defined in AS 47.30.915; 31 * Sec. 28. AS 19.15.025(a) is amended to read:
01 (a) The [BEFORE OCTOBER 1, 2006, THE DEPARTMENT MAY 02 ANNUALLY ALLOCATE UP TO FOUR PERCENT OF NONRESTRICTED 03 FEDERAL-AID HIGHWAY APPORTIONMENTS TO PROJECTS CLASSIFIED 04 UNDER THE TRAILS AND RECREATIONAL ACCESS FOR ALASKA 05 PROGRAM UNDER A STATEWIDE TRANSPORTATION IMPROVEMENT 06 PROGRAM. ON OR AFTER OCTOBER 1, 2006, THE] department may allocate up 07 to two percent of nonrestricted federal-aid highway apportionments to projects 08 classified under the trails and recreational access for Alaska program under a 09 statewide transportation improvement program. 10 * Sec. 29. AS 19.15.025(b) is amended to read: 11 (b) The [BEFORE OCTOBER 1, 2006, THE DEPARTMENT SHALL 12 ANNUALLY ALLOCATE AT LEAST 37 PERCENT OF NONRESTRICTED 13 FEDERAL-AID HIGHWAY APPORTIONMENTS TO PROJECTS CLASSIFIED 14 UNDER THE COMMUNITY TRANSPORTATION PROGRAM UNDER A 15 STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM. ON OR AFTER 16 OCTOBER 1, 2006, THE] department shall annually allocate at least 39 percent of 17 nonrestricted federal-aid highway apportionments to projects classified under the 18 community transportation program under a statewide transportation improvement 19 program. 20 * Sec. 30. AS 21.54.120(a) is amended to read: 21 (a) A health care insurer that offers, issues for delivery, delivers, or renews in 22 this state a health care insurance plan in the group market shall count a period of 23 creditable coverage based on 24 (1) the standard method authorized by 42 U.S.C. 300gg (Health 25 Insurance [CARE] Portability and Accountability Act of 1996) for determining 26 creditable coverage without regard to the specific benefits covered during the period; 27 or 28 (2) an alternative method based on coverage of benefits within each of 29 several classes or categories of benefits specified in federal regulation if 30 (A) made on a uniform basis for all participants and 31 beneficiaries; and
01 (B) the insurer counts a period of creditable coverage with 02 respect to any class or category of benefits if any level of benefits is covered 03 within the class or category. 04 * Sec. 31. AS 21.54.500(11) is amended to read: 05 (11) "federal continuation provision" means a "COBRA continuation 06 provision" as defined in 42 U.S.C. 300gg-91(d) (Health Insurance [CARE] 07 Portability and Accountability Act of 1996); 08 * Sec. 32. AS 21.54.500(17) is amended to read: 09 (17) "health care insurer" means a person transacting the business of 10 health care insurance, including an insurance company licensed under AS 21.09, a 11 hospital or medical service corporation licensed under AS 21.87, a fraternal benefit 12 society licensed under AS 21.84, a health maintenance organization licensed under 13 AS 21.86, a multiple employer welfare arrangement, a church plan, and a 14 governmental plan, except for a nonfederal governmental plan that elects to be 15 excluded under 42 U.S.C. 300gg-21(b)(2) (Health Insurance [CARE] Portability and 16 Accountability Act of 1996); 17 * Sec. 33. AS 23.05.060 is amended to read: 18 Sec. 23.05.060. Powers of the department. The department may 19 (1) enforce all state labor laws; 20 (2) act as mediator and appoint deputy commissioners of conciliation 21 in labor disputes whenever it considers the interest of industrial peace requires it; 22 (3) make investigations and [,] collect and compile statistical 23 information concerning the conditions of labor generally and upon all matters relating 24 to the enforcement of this chapter; 25 (4) institute court proceedings against an employer of labor without 26 cost to the employee when it is satisfied that the employer has failed to pay an 27 employee an amount due by contract; 28 (5) issue cease and desist orders and other orders and regulations 29 necessary for the enforcement of state labor laws; 30 (6) in accordance with AS 37.07 (the Executive Budget Act), receive 31 and spend money derived from agreements with local governments, nongovernmental
01 organizations, or other persons. 02 * Sec. 34. AS 23.05.067(a) is amended to read: 03 (a) Each insurer providing workers' compensation insurance and each 04 employer who is self-insured or uninsured for purposes of AS 23.30 in this state shall 05 pay an annual service fee to the department for the administrative expenses of the state 06 for workers' safety programs under AS 18.60 and the workers' compensation program 07 under AS 23.30 as follows: 08 (1) for each employer, 09 (A) except as provided in (b) of this section, the service fee 10 shall be paid each year to the department at the time that the annual report is 11 required to be filed under AS 23.30.155(m) or (n); and 12 (B) the service fee is 2.9 percent of all payments reported to the 13 division of workers' compensation in the department [ALASKA 14 WORKERS' COMPENSATION BOARD] under AS 23.30.155(m) or (n), 15 except second injury fund payments; and 16 (2) for each insurer, the director of the division of insurance shall, 17 under (e) of this section, deposit from funds received from the insurer under 18 AS 21.09.210 a service fee of 1.82 percent of the direct premium income for workers' 19 compensation insurance received by the insurer during the year ending on the 20 preceding December 31, subject to all the deductions specified in AS 21.09.210(b). 21 * Sec. 35. AS 23.20.175(c) is amended to read: 22 (c) For the purposes of AS 23.20.165 and 23.20.170, [AFTER DECEMBER 23 31, 1982,] wages do not include that part of remuneration paid during any calendar 24 year to an individual by an employer or by a predecessor of the employer that exceeds 25 75 percent of the average annual wage, as defined in AS 23.20.520, in Alaska for the 26 preceding 12-month period ending June 30 computed to the nearest multiple of $100. 27 * Sec. 36. AS 23.20.276(b) is amended to read: 28 (b) A nonprofit organization described in this section that [WHICH], under 29 AS 23.20.525(a)(4) [AS 23.20.525(a)(6)], is, or becomes, subject to this chapter [ON 30 OR AFTER JANUARY 1, 1972,] shall pay contributions under the provisions of 31 AS 23.20.165, unless it elects, in accordance with this section, to pay to the
01 department for the unemployment compensation fund an amount equal to the amount 02 of regular benefits and of one-half of the extended benefits paid, that is attributable to 03 service in the employ of the nonprofit organization, to individuals for weeks of 04 unemployment that [WHICH] begin during the effective period of the election. 05 * Sec. 37. AS 23.20.277(c) is amended to read: 06 (c) Each nonprofit organization that has elected payments in place of 07 contributions may request permission to make payments as provided in this 08 subsection. This method of payment becomes effective upon approval by the 09 department. At the end of each calendar quarter or at the end of any other period as 10 determined by the department, the department shall bill each nonprofit organization 11 for an amount representing one of the following: 12 (1) [FOR 1972, .25 PERCENT OF ITS TOTAL PAYROLL FOR 13 1971; 14 (2) FOR YEARS AFTER 1972,] that percentage of its total payroll for 15 the immediately preceding calendar year as the department determines; the 16 determination shall be based each year on the average benefit costs attributable to 17 service in the employ of nonprofit organizations during the preceding calendar year; 18 (2) [(3)] for any organization that [WHICH] did not pay wages 19 throughout the four calendar quarters of the preceding calendar year, that percentage 20 of its payroll during the year as the department determines. 21 * Sec. 38. AS 23.20.278 is amended to read: 22 Sec. 23.20.278. Financing benefits paid to employees of the state and its 23 political subdivisions. A political subdivision or a department, division, or other 24 agency of the state subject to this chapter, under AS 23.20.525(a)(12) 25 [AS 23.20.525(a)(4) AND (14)], shall pay contributions under the provisions of 26 AS 23.20.165, unless it elects to reimburse the department for the unemployment 27 compensation fund according to the provisions applicable to nonprofit organizations 28 under AS 23.20.276 and 23.20.277. 29 * Sec. 39. AS 23.20.401(b) is amended to read: 30 (b) The department shall, unless the obligor and obligee agree otherwise, 31 deduct and withhold from unemployment compensation payable to an individual who
01 owes child support obligations as defined in (h) of this section 02 (1) the amount specified by the individual to the department to be 03 deducted and withheld under this subsection, if neither (2) nor (3) of this subsection is 04 applicable; 05 (2) the amount specified in an agreement submitted to the department 06 under section 42 U.S.C. 654(19)(B)(i) (sec. 454(19)(B)(i), Social Security Act) [42 07 U.S.C. 654(20)(B)(i) (SEC. 454 (20)(B)(i), SOCIAL SECURITY ACT)], by the child 08 support services agency of the Department of Revenue, unless (3) of this subsection is 09 applicable; or 10 (3) any amount required to be deducted and withheld through legal 11 process, as defined in 42 U.S.C. 659(i)(5) (sec. 459(i)(5), Social Security Act) [42 12 U.S.C. 662(e) (SEC. 462(e), SOCIAL SECURITY ACT)], properly served upon the 13 department. 14 * Sec. 40. AS 23.20.408(h) is amended to read: 15 (h) In (f) [AND (g)] of this section, "rate of insured unemployment" means the 16 percentage derived by dividing (1) the average weekly number of individuals filing 17 claims for regular compensation in this state for weeks of unemployment with respect 18 to the most recent 13 consecutive week period, as determined by the department on the 19 basis of its reports to the United States Secretary of Labor, by (2) the average monthly 20 employment covered under this chapter for the first four of the most recent six 21 completed calendar quarters ending before the close of that 13-week period. 22 Computations required by this subsection shall be made by the department in 23 accordance with regulations prescribed by the United States Secretary of Labor. 24 * Sec. 41. AS 23.20.525 is amended to read: 25 Sec. 23.20.525. "Employment" defined. (a) In this chapter, unless the context 26 otherwise requires, "employment" means 27 (1) service performed by an individual for wages or by an officer of a 28 corporation, including service in interstate commerce; 29 (2) service performed by an individual who, under (8) [(10)] of this 30 subsection, has the status of an employee; 31 (3) service performed by an individual other than an individual who is
01 an employee under (1) or (2) of this subsection who performs services for 02 remuneration for any person 03 (A) as an agent-driver or commission-driver engaged in 04 distributing meat products, vegetable products, fruit products, bakery products, 05 beverages, or laundry or dry-cleaning services, for the individual's principal; or 06 (B) as a traveling or city salesman, other than as an agent- 07 driver or commission-driver, engaged upon a full-time basis in the solicitation 08 on behalf of, and the transmission to, the individual's principal of orders from 09 wholesalers, retailers, contractors, or operators of hotels, restaurants, or other 10 similar establishments for merchandise for resale or supplies for use in their 11 business operations; however, for all purposes of this paragraph, the term 12 "employment" includes services described in this subparagraph and (A) of this 13 paragraph [, PERFORMED AFTER DECEMBER 31, 1971,] only if 14 (i) the contract of service contemplates that 15 substantially all of the services are to be performed personally by the 16 individual; 17 (ii) the individual does not have a substantial 18 investment in facilities used in connection with the performance of the 19 services, other than in facilities for transportation; and 20 (iii) the services are not in the nature of a single 21 transaction that is not part of a continuing relationship with the person 22 for whom the services are performed; 23 (4) [SERVICE PERFORMED AFTER DECEMBER 31, 1971 AND 24 THROUGH DECEMBER 31, 1977 BY AN INDIVIDUAL IN THE EMPLOY OF 25 THIS STATE OR ANY INSTRUMENTALITY OF THIS STATE, OR IN THE 26 EMPLOY OF THIS STATE AND ONE OR MORE STATES OR THEIR 27 INSTRUMENTALITIES, FOR A HOSPITAL OR INSTITUTION OF HIGHER 28 EDUCATION IN THIS STATE EXCEPT SERVICE DESCRIBED IN 29 AS 23.20.526(d) IF THE SERVICE IS EXCLUDED FROM THE TERM 30 "EMPLOYMENT" SOLELY BY REASON OF 26 U.S.C. 3306(c)(7) (FEDERAL 31 UNEMPLOYMENT TAX ACT, INTERNAL REVENUE CODE);
01 (5) SERVICE PERFORMED BEFORE JANUARY 1, 1978, IN THE 02 EMPLOY OF A POLITICAL SUBDIVISION OF THIS STATE OR A WHOLLY 03 OWNED INSTRUMENTALITY OF A POLITICAL SUBDIVISION OF THIS 04 STATE, IF COVERAGE WAS ELECTED UNDER AS 23.20.325; 05 (6)] service performed by an individual in a calendar quarter [AFTER 06 JUNE 30, 1962,] in the employ of an organization exempt from income tax under 26 07 U.S.C. 501(a) (Internal Revenue Code), other than an organization described in 26 08 U.S.C. 401(a), or under 26 U.S.C. 521, if the remuneration for the service is $250 or 09 more; notwithstanding the provisions of this paragraph, services performed [AFTER 10 DECEMBER 31, 1971,] by an individual in the employ of a religious, charitable, 11 educational, or other organization described in 26 U.S.C. 501(c)(3) (Internal Revenue 12 Code) that is exempt from income tax under 26 U.S.C. 501(a), constitutes employment 13 for the purposes of this chapter even though remuneration for the services is less than 14 $250 in a calendar quarter, but only if the organization had four or more individuals in 15 employment for some portion of a day in each of 20 different weeks, whether or not 16 the weeks were consecutive, within either the current or preceding calendar year, 17 regardless of whether the individuals were employed at the same moment of time; 18 (5) [(7)] service of an individual who is a citizen of the United States, 19 performed outside the United States, except in Canada, [AFTER DECEMBER 31, 20 1971,] in the employ of an American employer, or of this state or of any of its 21 instrumentalities or any of its political subdivisions, other than service that [WHICH] 22 is considered "employment" under the provisions of (9) or (10) [(11) OR (12)] of this 23 subsection or the parallel provisions of the law of another state, if 24 (A) the employer's principal place of business in the United 25 States is located in this state; or 26 (B) the employer has no place of business in the United States, 27 but 28 (i) the employer is an individual who is a resident of 29 this state; or 30 (ii) the employer is a corporation that [WHICH] is 31 organized under the laws of this state; or
01 (iii) the employer is a partnership or a trust and the 02 number of the partners or trustees who are residents of this state is 03 greater than the number who are residents of any one other state; or 04 (C) none of the criteria in (A) and (B) of this paragraph is met 05 but the employer has elected coverage in this state or, the employer having 06 failed to elect coverage in any state, the individual has filed a claim for 07 benefits, based on service described in this paragraph, under the law of this 08 state; 09 (6) [(8)] notwithstanding the provisions of (9) [(11)] of this subsection, 10 all service performed by an officer or member of the crew of an American vessel or in 11 connection with the vessel, if the operating office, from which the operations of 12 vessels operating on navigable waters inside, or inside and outside the United States 13 are ordinarily and regularly supervised, managed, directed, and controlled, is inside 14 this state; 15 (7) [(9)] notwithstanding any other provisions of this section, service 16 with respect to which tax is required to be paid under any federal law imposing a tax 17 against which credit may be taken for contributions required to be paid into a state 18 unemployment fund or which as a condition for full tax credit against the tax imposed 19 by the Federal Unemployment Tax Act is required to be covered under this chapter; 20 (8) [(10)] service performed by an individual whether or not the 21 common-law relationship of master and servant exists, unless and until it is shown to 22 the satisfaction of the department that 23 (A) the individual has been and will continue to be free from 24 control and direction in connection with the performance of the service, both 25 under the individual's contract for the performance of service and in fact; 26 (B) the service is performed either outside the usual course of 27 the business for which the service is performed or is performed outside of all 28 the places of business of the enterprise for which the service is performed; and 29 (C) the individual is customarily engaged in an independently 30 established trade, occupation, profession, or business of the same nature as that 31 involved in the service performed;
01 (9) [(11)] an individual's entire service performed inside or both inside 02 and outside this state if the service is localized in this state; service is considered to be 03 localized inside a state or territory if 04 (A) the service is performed entirely inside the state or 05 territory; or 06 (B) the service is performed both inside and outside the state or 07 territory but the service performed outside the state or territory is incidental to 08 the individual's service inside the state or territory; for example, where it is 09 temporary or transitory in nature or consists of isolated transactions; 10 (10) [(12)] an individual's entire service performed inside or both 11 inside and outside this state if the service is not localized in a state or territory but 12 some of the service is performed in this state and 13 (A) the individual's base of operations is in this state; or 14 (B) if there is no base of operations, then the place from which 15 the service is directed or controlled is in this state; or 16 (C) the individual's base of operations or place from which the 17 service is directed or controlled is not in a state or territory in which some part 18 of the service is performed, but the individual's residence is in this state; 19 (11) [(13)] service covered by an election under AS 23.20.325, and 20 service covered by an election approved by the commissioner in accordance with an 21 arrangement under AS 23.20.090(a) during the effective period of the election; 22 (12) [(14)] service [PERFORMED AFTER DECEMBER 31, 1977,] in 23 the employ of this state or any of its instrumentalities or any political subdivision of 24 this state or any of its instrumentalities or any instrumentality of any of the foregoing 25 and one or more other states or political subdivisions, if that service is excluded from 26 "employment" under 26 U.S.C. 3306(c)(7) (Federal Unemployment Tax Act, Internal 27 Revenue Code) and is not excluded from "employment" under AS 23.20.526(d)(8); 28 (13) [(15)] domestic services [PERFORMED AFTER DECEMBER 29 31, 1977,] for an employer who paid wages of $1,000 or more in any calendar quarter 30 in the current or preceding calendar year for those services; 31 (14) [(16)] service [PERFORMED AFTER DECEMBER 31, 1977,]
01 by an individual in agricultural labor when that service is performed for a person who 02 (A) during any calendar quarter in either the current or the 03 preceding year, paid remuneration in cash of $20,000 or more to individuals 04 employed in agricultural labor; or 05 (B) employed in agricultural labor 10 or more individuals for 06 some portion of the day in each of at least 20 different calendar weeks in either 07 the current or the preceding calendar year, whether or not the weeks were 08 consecutive, and regardless of whether the individuals were employed at the 09 same moment of time; 10 (C) for the purposes of this paragraph, any individual who is a 11 member of a crew furnished by a crew leader to perform service in agricultural 12 labor for any other person shall be treated as an employee of that crew leader 13 (i) if that crew leader holds a valid certificate of 14 registration under the Farm Labor Contractor Registration Act of 1963, 15 or substantially all the members of that crew operate or maintain 16 tractors, mechanized harvesting or cropdusting equipment, or any other 17 mechanized equipment, which is provided by that crew leader; and 18 (ii) if that individual is not an employee of that other 19 person within the meaning of (8) [(10)] of this subsection; 20 (D) for the purposes of this paragraph, in the case of an 21 individual who is furnished by a crew leader to perform service in agricultural 22 labor for any other person and who is not treated as an employee of that crew 23 leader under (C) of this paragraph, 24 (i) that other person and not the crew leader shall be 25 treated as the employer of that individual; and 26 (ii) that other person shall be treated as having paid cash 27 remuneration to that individual in an amount equal to the amount of 28 cash remuneration paid to that individual by the crew leader, either on 29 behalf of the crew leader or on behalf of that other person, for the 30 service in agricultural labor performed for that other person; 31 (E) for the purposes of this paragraph, the term "crew leader"
01 means an individual who 02 (i) furnishes individuals to perform service in 03 agricultural labor for any other person; 04 (ii) pays, either on behalf of the crew leader or on 05 behalf of that other person, the individuals furnished by the crew leader 06 for the service in agricultural labor performed by the individuals; and 07 (iii) has not entered into a written agreement with that 08 farm operator under which the agricultural worker is designated as an 09 employee of that farm operator. 10 (b) In (a)(5) [(a)(7)] of this section, "American employer" means a person 11 who is 12 (1) an individual who is a resident of the United States; 13 (2) a partnership if two-thirds or more of the partners are residents of 14 the United States; 15 (3) a trust, if all of the trustees are residents of the United States; or 16 (4) a corporation organized under the laws of the United States or of 17 any state. 18 * Sec. 42. AS 23.20.526(a) is amended to read: 19 (a) In this chapter, unless the context otherwise requires, "employment" does 20 not include 21 (1) domestic service in a private home, except as provided in 22 AS 23.20.525(a)(13) [AS 23.20.525(a)(15)]; 23 (2) service performed by an individual under 18 years of age 24 [NEWSBOYS' SERVICES] in selling or distributing newspapers on the street or from 25 house to house; 26 (3) service not in the course of the employing unit's trade or business 27 performed in a calendar quarter by an individual, unless the cash remuneration paid 28 for the service is $50 or more and the service is performed by an individual who is 29 regularly employed by the employing unit to perform the service; an individual is here 30 considered to be regularly employed to perform service not in the course of an 31 employing unit's trade or business during a calendar quarter only if the individual
01 performs the service for some portion of the day on each of [SOME] 24 days during 02 the quarter or during the preceding calendar quarter; 03 (4) service performed by an individual in the employ of the 04 individual's 05 (A) son, daughter, or spouse; 06 (B) parent or legal guardian if the individual was under the age 07 of 21 years and a full-time student during eight of the last 12 months and 08 intends to resume full-time student status within the next four months; and 09 (C) mother or father if the service is performed by a child under 10 the age of 18; 11 (5) service with respect to which unemployment insurance is payable 12 under an unemployment insurance program established by an Act of Congress; 13 (6) service performed in the employ of a foreign government including 14 service as a consular or other officer or employee or a nondiplomatic representative; 15 (7) service performed in the employ of an instrumentality wholly 16 owned by a foreign government if 17 (A) the service is of a character similar to that performed in 18 foreign countries by employees of the United States government or its 19 instrumentalities; and 20 (B) the department finds that the United States Secretary of 21 State has certified to the United States Secretary of the Treasury that the 22 foreign government, with respect to whose instrumentality exemption is 23 claimed, grants an equivalent exemption with respect to similar service 24 performed in the foreign country by employees of the United States 25 government and its instrumentalities; 26 (8) service performed by an insurance agent, insurance solicitor, [A] 27 real estate broker, [A] real estate salesperson, or [A] securities salesperson 28 [SALESMAN] to the extent the person is compensated by commission, unless the 29 service is required to be covered under the Federal Unemployment Tax Act, as 30 amended; 31 (9) notwithstanding AS 23.20.525(a)(9) [AS 23.20.525(a)(11)], service
01 performed by an officer or member of the crew of an American vessel on or in 02 connection with the vessel, if the operating office, from which the operations of the 03 vessel operating on navigable waters inside or inside and outside the United States are 04 ordinarily and regularly supervised, managed, directed, and controlled, is outside this 05 state; 06 (10) service performed on or in connection with a vessel not an 07 American vessel by an individual if the individual performed service on and in 08 connection with the vessel when outside the United States; 09 (11) service performed in the employ of the United States government 10 or an instrumentality of the United States exempt under the Constitution of the United 11 States from the contributions imposed by this chapter, except that to the extent that the 12 Congress of the United States permits states to require an instrumentality of the United 13 States to make payments into an unemployment fund under a state employment 14 security law, all of the provisions of this chapter apply to the instrumentalities, and to 15 service performed for the instrumentalities in the same manner, to the same extent, and 16 on the same terms as to all other employers, employing units, individuals, and service; 17 however, if this state is not certified for any year by the United States Secretary of 18 Labor under 26 U.S.C. 3304(c) (Federal Unemployment Tax Act, Internal Revenue 19 Code), the payments required of the instrumentalities with respect to the year shall be 20 refunded by the department from the fund in the same manner and within the same 21 period as is provided in AS 23.20.225 with respect to contributions erroneously 22 collected; 23 (12) service performed in the employ of another state, or political 24 subdivision of another state, or an instrumentality of another state or political 25 subdivision that [WHICH] is wholly owned by another state or its political 26 subdivision, or a service performed in the employ of an instrumentality of another 27 state or its political subdivisions to the extent that the instrumentality is, with respect 28 to the service, exempt under the Constitution of the United States from the tax 29 imposed by 26 U.S.C. 3301 (Federal Unemployment Tax Act, Internal Revenue 30 Code); 31 (13) service performed in the employ of an international organization;
01 (14) service covered by an election approved by the agency charged 02 with the administration of any other state or federal employment security law, in 03 accordance with an arrangement under AS 23.20.090(a) during the effective period of 04 the election; 05 (15) service performed by an individual in agricultural labor, except as 06 provided in AS 23.20.525(a)(14) [AS 23.20.525(a)(16)]; the term "agricultural labor" 07 means remunerated service 08 (A) on a farm, in the employ of any person in connection with 09 cultivating the soil, or in connection with raising or harvesting any agricultural 10 or horticultural commodity, including the raising, shearing, feeding, caring for, 11 training, and management of livestock, bees, poultry, and fur-bearing animals 12 and wildlife; 13 (B) in the employ of the owner or tenant or other operator of a 14 farm, in connection with the operation, management, conservation, 15 improvement, or maintenance of the farm and its tools and equipment, or in 16 salvaging timber or clearing land of brush and other debris left by a hurricane, 17 if the major part of the service is performed on a farm; 18 (C) in connection with the production or harvesting of any 19 commodity defined as an agricultural commodity in 12 U.S.C. 1141j (Sec. 20 15(g), Agricultural Marketing Act), as amended, or in connection with the 21 operation or maintenance of ditches, canals, reservoirs, or waterways, not 22 owned or operated for profit, used exclusively for supplying and storing water 23 for farming purposes; 24 (D) in the employ of the operator of a farm in handling, 25 planting, drying, packing, packaging, processing, freezing, grading, storing, or 26 delivering to storage or to market or to a carrier for transportation to market, in 27 its unmanufactured state, any agricultural or horticultural commodity; but only 28 if the operator produced more than one-half of the commodity with respect to 29 which the service is performed except as stated in (b) of this section; 30 (E) in the employ of a group of operators of farms, or a 31 cooperative organization of which the operators are members, in the
01 performance of service described in (D) of this paragraph, but only if the 02 operators produced more than one-half of the commodity with respect to which 03 the service is performed; 04 (F) on a farm operated for profit if the service is not in the 05 course of the employer's trade or business; 06 (16) service performed as a student nurse in the employ of a hospital or 07 a nurses' training school by an individual who is enrolled and is regularly attending 08 classes in a nurses' training school chartered or approved in accordance with the laws 09 of this state, and service performed as an intern in the employ of a hospital by an 10 individual who has completed a four-year course in a medical school chartered or 11 approved in accordance with the laws of this state, unless the service is required to be 12 covered under the Federal Unemployment Tax Act; 13 (17) service performed by an individual on a boat engaged in catching 14 fish or other forms of aquatic animal life under an arrangement with the owner or 15 operator of that boat under which 16 (A) that individual does not receive any cash remuneration 17 except as provided in (B) of this paragraph; 18 (B) that individual receives a share of the boat's, or the boats' in 19 the case of a fishing operation involving more than one boat, catch of fish or 20 other forms of aquatic animal life or a share of the proceeds from the sale of 21 that catch; and 22 (C) the amount of that individual's share depends on the 23 amount of the boat's, or the boats' in the case of a fishing operation involving 24 more than one boat, catch of fish or other forms of aquatic animal life; but only 25 if the operating crew of that boat, or each boat from which the individual 26 receives a share in the case of a fishing operation involving more than one 27 boat, is normally made up of fewer than 10 individuals; 28 (18) service performed as a prospective or impaneled juror in a court; 29 (19) service performed for a corporation by an employee of the 30 corporation if 31 (A) the corporation is incorporated under AS 10.06;
01 (B) the corporation is not a government corporation; and 02 (C) the employee is an executive officer of the corporation; 03 (20) service performed by an individual who drives a taxicab whose 04 compensation and written contractual arrangements are as described in 05 AS 23.10.055(a)(13); 06 (21) service of an individual who 07 (A) directly sells or solicits the sale of consumer products, for 08 resale or otherwise, personally to a prospective consumer in the home or 09 otherwise than in a permanent retail establishment; a sale or solicitation by 10 telephone, mail, other telecommunications method, or other nonpersonal 11 method does not satisfy the requirement of this subparagraph; 12 (B) is compensated solely by 13 (i) commissions on sales or other remuneration directly 14 related to sales or sales performance; or 15 (ii) a profit represented by the difference between the 16 wholesale cost of the product to the seller and the final sale price to the 17 consumer; and 18 (C) performs under a written contract with the person for whom 19 the service is performed that provides, notwithstanding AS 23.20.395(a), that 20 the individual is not an employee for purposes of this chapter or for federal or 21 state tax purposes; 22 (22) temporary services related to emergency oil spill training and 23 response activities by an individual described in (17) of this subsection; in this 24 paragraph, "temporary" means a period of less than seven continuous days. 25 * Sec. 43. AS 23.20.526(d) is amended to read: 26 (d) For the purposes of AS 23.20.525(a)(4) and (12) [AS 23.20.525(a)(4) - (6) 27 AND (14)], the term "employment" does not apply to service performed 28 (1) by a duly ordained, commissioned, or licensed minister of a church 29 in the exercise of the person's ministry or by a member of a religious order in the 30 exercise of duties required by the order; 31 (2) in a facility conducted for the purpose of carrying out a program of
01 rehabilitation for individuals whose earning capacity is impaired by age or physical or 02 mental deficiency or injury or providing remunerative work for individuals who, 03 because of their impaired physical or mental capacity, cannot be readily absorbed in 04 the competitive labor market by an individual receiving the rehabilitation or 05 remunerative work; 06 (3) as part of an unemployment work-relief or work-training program 07 assisted or financed in whole or in part by any federal agency or any agency of a state 08 or political subdivision of the state, by an individual receiving work relief or work 09 training; 10 (4) for a state hospital by an inmate of a prison or correctional 11 institution; 12 (5) in the employ of a school, college, or university if the service is 13 performed by a student who is enrolled and is regularly attending classes at the school, 14 college, or university; 15 (6) by an individual under the age of 22 who is enrolled at a nonprofit 16 or public educational institution that normally maintains a regular faculty and 17 curriculum and normally has a regularly organized body of students in attendance at 18 the place where its educational activities are carried on as a student in a full-time 19 program, taken for credit at the institution, that combines academic instruction with 20 work experience if the service is an integral part of the program and the institution has 21 so certified to the employer, except that this paragraph does not apply to service 22 performed in a program established for or on behalf of an employer or group of 23 employers; 24 (7) in the employ of a hospital if the service is performed by a patient 25 of the hospital, as defined in AS 23.20.520; 26 (8) in the employ of the state or a political subdivision of the state if 27 the service is performed by an individual in the exercise of duties 28 (A) as a judicial officer, the governor, the lieutenant governor, 29 a person hired or appointed as the head or deputy head of a department in the 30 executive branch, a person hired or appointed as the director of a division of a 31 department in the executive branch, an assistant to the governor, a chair or
01 member of a state commission or board, state investment officers and the state 02 comptroller in the Department of Revenue, an appointed or elected municipal 03 officer, any other elected official, the fiscal analyst of the legislative finance 04 division, the legislative auditor of the legislative audit division, the executive 05 director of the Legislative Affairs Agency, and the directors of the divisions 06 within the Legislative Affairs Agency; 07 (B) as a member of the Alaska Army National Guard or Alaska 08 Air National Guard or Alaska Naval Militia; 09 (C) as an employee serving on only a temporary basis in case 10 of fire, storm, snow, earthquake, flood, or similar emergency; or 11 (D) as an election official or election worker if the amount of 12 remuneration received by the individual during the calendar year for services 13 as an election official or election worker is less than $1,000; 14 (9) in the employ of 15 (A) a church or a convention or association of churches; or 16 (B) an organization that is operated primarily for religious 17 purposes and that is operated, supervised, controlled, or principally supported 18 by a church or a convention or association of churches. 19 * Sec. 44. AS 23.20.530(b) is amended to read: 20 (b) In this chapter, unless the context otherwise requires, "wages" does not 21 include 22 (1) the amount of any payment, including an amount paid by an 23 employing unit for insurance or annuities or into a fund to provide for the payment, to 24 or on behalf of an individual or the individual's dependent under a plan or system 25 established by an employing unit that [WHICH] makes provisions generally for 26 individuals performing service for it, or for such individuals generally and their 27 dependents, or for a class or classes of the individuals and their dependents, on 28 account of 29 (A) retirement; [,] 30 (B) sickness or accident disability; [,] 31 (C) medical or hospitalization expenses in connection with
01 sickness or accident disability; [,] or 02 (D) death; 03 (2) the amount of a payment made by an employing unit to an 04 individual performing service for it, including an amount paid by an employing unit 05 for insurance or annuities or into a fund to provide for the payment, on account of 06 retirement; 07 (3) the amount of a payment on account of sickness or accident 08 disability, or medical or hospitalization expenses in connection with sickness or 09 accident disability [MADE AFTER DECEMBER 31, 1954], by an employing unit to 10 or on behalf of an individual performing service for it after the expiration of six 11 calendar months following the last calendar month in which the individual performed 12 services for the employing unit; 13 (4) the amount of a payment made by an employing unit to or on 14 behalf of an individual performing services for it or the individual's beneficiary 15 (A) from or to a trust described in 26 U.S.C. 401(a) (Internal 16 Revenue Code) that [WHICH] is exempt from taxation [TAX] under 26 17 U.S.C. 501(a) at the time of the payment, unless the payment is made to an 18 individual performing services for the trust as remuneration for those services 19 and not as a beneficiary of the trust; [,] or 20 (B) under or to an annuity plan that, [WHICH] at the time of 21 the payment, meets the requirements of 26 U.S.C. 401(a)(3) - (6); 22 (5) the amount of a payment made by an employing unit (without 23 deduction from the remuneration of the individual in its employ) of the tax imposed 24 upon an individual in its employ under 26 U.S.C. 3101 (Internal Revenue Code) with 25 respect to service performed [AFTER JANUARY 1, 1941]; 26 (6) remuneration paid in a medium other than cash to an individual for 27 service not in the course of the employing unit's trade or business; 28 (7) the amount of a payment, other than vacation or sick pay, [MADE 29 AFTER DECEMBER 31, 1954,] to an individual after the month in which the 30 individual attains the age of 65, if the individual did not perform services for the 31 employing unit in the period for which the payment is made;
01 (8) dismissal payments that [AFTER JANUARY 1, 1941, WHICH] 02 the employing unit is not legally required to make; 03 (9) the amount of any payment, including any amount paid by an 04 employer into a fund to provide for any such payment, made to or on behalf of an 05 employee under a plan or system established by an employer that [WHICH] makes 06 provision for the employer's employees generally, or for a class or group of the 07 employer's employees, for the purpose of supplementing unemployment benefits; 08 (10) the amount of a payment made to or on behalf of an employee for 09 subsistence while the employee is employed away from home, but this exemption 10 applies only to that portion of a subsistence payment that [WHICH] does not exceed 11 the actual expenses of the employee while so employed; 12 (11) compensation received for inactive service performed by a 13 member of the Alaska National Guard or Naval Militia; 14 (12) the amount of a payment made to or on behalf of an employee or 15 the employee's beneficiary under a cafeteria plan as defined in 26 U.S.C. 125, if the 16 payment would not be treated as wages under this section without regard to the 17 cafeteria plan; 18 (13) the amount of payment made, or benefit furnished, by the 19 employer under a plan to provide educational assistance to or for the benefit of an 20 employee if, at the time of the payment or the furnishing, it is reasonable to believe 21 that the employee will be able to exclude the payment or benefit from income under 22 26 U.S.C. 127(b). 23 * Sec. 45. AS 24.05.135(c) is amended to read: 24 (c) As the tapes, spools, or other recording devices are filled, or as reports are 25 completed, they shall be transferred to the state library for placement in the state 26 archives. Reproductions shall be placed in a centrally located public library in Juneau, 27 Anchorage, and Fairbanks, until one year after adjournment of the legislative session 28 recorded. The division of the Department of Education and Early Development 29 that has responsibility for state libraries, archives, and museums shall supply 30 reproductions of electronic recordings at cost to any person requesting them. 31 * Sec. 46. AS 25.27.125(a) is amended to read:
01 (a) Federal incentive payments received by the state under 42 U.S.C. 658a [42 02 U.S.C. 658] shall be deposited in the general fund, and the commissioner of 03 administration shall separately account for the payments. The annual estimated 04 balance in the account may be used by the legislature to make appropriations to the 05 Department of Revenue to carry out the purposes of AS 25.27.020. 06 * Sec. 47. AS 29.10.200 is amended to read: 07 Sec. 29.10.200. Limitation of home rule powers. Only the following 08 provisions of this title apply to home rule municipalities as prohibitions on acting 09 otherwise than as provided. These provisions supersede existing and prohibit future 10 home rule enactments that provide otherwise: 11 (1) AS 29.05.140 (transition); 12 (2) AS 29.06.010 (change of municipal name); 13 (3) AS 29.06.040 - 29.06.060 (annexation and detachment); 14 (4) AS 29.06.090 - 29.06.170 (merger and consolidation); 15 (5) AS 29.06.190 - 29.06.420 (unification of municipalities); 16 (6) AS 29.06.450 - 29.06.530 (dissolution); 17 (7) AS 29.10.100 (charter amendment); 18 (8) AS 29.20.010 (conflict of interest); 19 (9) AS 29.20.020 (meetings public); 20 (10) AS 29.20.050 (legislative power); 21 (11) AS 29.20.060 - 29.20.120 (assembly composition and 22 apportionment); 23 (12) AS 29.20.140 (qualifications of members of governing bodies); 24 (13) AS 29.20.150 (term of office); 25 (14) AS 29.20.220 (executive power); 26 (15) AS 29.20.270(e) (ordinance veto by mayor); 27 (16) AS 29.20.630 (prohibited discrimination); 28 (17) AS 29.20.640 (reports); 29 (18) AS 29.25.010(a)(10) (municipal exemption on contractor bond 30 requirements); 31 (19) AS 29.25.050 (codification);
01 (20) AS 29.25.060 (resolutions); 02 (21) AS 29.25.070(e) (notices of certain civil actions); 03 (22) AS 29.25.074 (surcharge); 04 (23) AS 29.25.080 (breast-feeding); 05 (24) AS 29.26.030 (notice of elections); 06 (25) AS 29.26.050 (voter qualification); 07 (26) AS 29.26.250 - 29.26.360 (recall); 08 (27) AS 29.35.020 (extraterritorial jurisdiction); 09 (28) AS 29.35.030 (eminent domain); 10 (29) AS 29.35.050 (garbage and solid waste services); 11 (30) AS 29.35.055 (local air quality control program); 12 (31) AS 29.35.060 (franchises and permits); 13 (32) AS 29.35.070 (public utilities); 14 (33) AS 29.35.080 (alcoholic beverages); 15 (34) AS 29.35.090(b) (certain vacations of rights-of-way prohibited); 16 (35) AS 29.35.120 (post audit); 17 (36) AS 29.35.125 (fees for police protection services); 18 (37) AS 29.35.131 - 29.35.137 (enhanced 911 system); 19 (38) AS 29.35.141 (regulation of radio antennas); 20 (39) AS 29.35.145 (regulation of firearms); 21 (40) AS 29.35.160 (education); 22 (41) AS 29.35.170(b) (assessment and collection of taxes); 23 (42) AS 29.35.180(b) (land use regulation); 24 (43) AS 29.35.250 (cities inside boroughs); 25 (44) AS 29.35.260 (cities outside boroughs); 26 (45) AS 29.35.340 (acquisition of areawide power); 27 (46) AS 29.35.450 ([VOTER APPROVAL OF ALTERATION OR 28 ABOLISHMENT OF] service areas); 29 (47) AS 29.35.500 - 29.35.590 (hazardous materials and wastes); 30 (48) AS 29.40.160(a) - (c) (title to vacated areas); 31 (49) AS 29.40.200 (subdivisions of state land);
01 (50) AS 29.45.010 - 29.45.560 and 29.45.800 [AS 29.45.010 - 02 29.45.570] (property taxes); 03 (51) AS 29.45.650(c), (d), (e), (f), (i), (j), and (k) (sales and use tax); 04 (52) AS 29.45.700(d), (e), and (g) (sales and use tax); 05 (53) AS 29.45.750 (taxation of mobile telecommunications); 06 (54) AS 29.45.810 (exemption from municipal taxation); 07 (55) AS 29.46.010(b) (exemption from municipal assessment); 08 (56) AS 29.47.200(b) (security for bonds); 09 (57) AS 29.47.260 (revenue bonds) [(CONSTRUCTION)]; 10 (58) AS 29.47.470 (air carriers); 11 (59) [REPEALED 12 (60) REPEALED 13 (61)] AS 29.65 (general grant land); 14 (60) [(62)] AS 29.71.040 (procurement preference for state agricultural 15 and fisheries products); 16 (61) [(63)] AS 29.71.050 (procurement preference for recycled Alaska 17 products). 18 * Sec. 48. AS 29.46.010(b) is amended to read: 19 (b) Notwithstanding (a) of this section, a party to a contract approved by the 20 legislature as a result of submission of a proposed contract developed under AS 43.82 21 or as a result of acts by the legislature in implementing the purposes of AS 43.82, is 22 exempt, as specified in the contract, from assessment under this chapter against real 23 property associated with the approved qualified project that is subject to the contract. 24 This subsection applies to home rule municipalities. 25 * Sec. 49. AS 29.46.030(a) is amended to read: 26 (a) When an improvement proposal is filed with the municipal clerk and 27 presented to the governing body, the municipality shall find by resolution or ordinance 28 whether (1) the improvement requested is necessary and should be made, and (2) if by 29 petition, the request has sufficient and proper petitioners. The findings under this 30 subsection [SECTION] are conclusive. 31 * Sec. 50. AS 29.60.860(b) is amended to read:
01 (b) The per capita amount distributed to each community in the unorganized 02 borough may not, when added to the basic community revenue sharing payment for 03 that community, exceed the basic amount calculated under AS 29.60.855(b)(3). If the 04 per capita distribution for a community in the unorganized borough, when added to 05 the basic community revenue sharing payment for that community, would exceed 06 [EXCEEDS] the basic amount calculated under AS 29.60.855(b)(3), the excess 07 amount shall be distributed on a per capita basis to other communities in the 08 unorganized borough. 09 * Sec. 51. AS 33.16.090(c)(1) is amended to read: 10 (1) "active term of imprisonment" has the meaning given in 11 AS 12.55.127 [AS 12.55.185]; 12 * Sec. 52. AS 33.30.015(a) is amended to read: 13 (a) The [ON AND AFTER AUGUST 27, 1999, THE] commissioner may not 14 (1) make per capita expenditures for food for prisoners in a state 15 correctional facility operated by the state that exceed 90 percent of per capita 16 expenditures for food that is available to enlisted personnel in the United States Army 17 stationed in the state; 18 (2) provide, in a state correctional facility operated by the state, 19 (A) living quarters for a prisoner into which the view is 20 obstructed; however, the commissioner is not required to renovate a facility to 21 comply with this subparagraph if the facility is being used as a correctional 22 facility on August 27, 1997, or if the facility was already built before being 23 acquired by the department; 24 (B) equipment or facilities for publishing or broadcasting 25 material the content of which is not subject to prior approval by the department 26 as consistent with keeping order in the institution and prisoner discipline; 27 (C) cable television service other than a level of basic cable 28 television service that is available as a substitute for services that are broadcast 29 to the public in the community in which a correctional facility is located; 30 (3) allow a prisoner held in a state correctional facility operated by the 31 state to
01 (A) possess in the prisoner's cell a cassette tape player or 02 recorder, a video cassette recorder (VCR), or a computer or modem of any 03 kind; 04 (B) view movies rated "R," "X," or "NC-17"; 05 (C) possess printed or photographic material that 06 (i) is obscene as defined by the commissioner in 07 regulation; 08 (ii) could reasonably be expected to incite racial, ethnic, 09 or religious hatred that is detrimental to the security, good order, or 10 discipline of the institution or violence; 11 (iii) could reasonably be expected to aid in an escape or 12 in the theft or destruction of property; 13 (iv) describes procedures for brewing alcoholic 14 beverages or for manufacturing controlled substances, weapons, or 15 explosives; or 16 (v) could reasonably be expected to facilitate criminal 17 activity or a violation of institution rules; 18 (D) receive instruction in person, or by broadcast medium, or 19 engage in boxing, wrestling, judo, karate, or other martial art or in any activity 20 that, in the commissioner's discretion, would facilitate violent behavior; 21 (E) possess or have access to equipment for use in the activities 22 listed in (D) of this paragraph; 23 (F) possess or have access to free weights; 24 (G) possess in the prisoner's cell a coffee pot, hot plate, 25 appliance or heating element for food preparation, or more than three electrical 26 appliances of any kind; 27 (H) possess or appear in a state of dress, hygiene, grooming, or 28 appearance other than as permitted as uniform or standard in the correctional 29 facility; 30 (I) use a computer other than those approved by the 31 correctional facility; the use of a computer under this subparagraph may be
01 approved only as part of the prisoner's employment, education, or vocational 02 training and may not be used for any other purpose; 03 (J) smoke or use tobacco products of any kind. 04 * Sec. 53. AS 38.07.030(a) is amended to read: 05 (a) An owner of agricultural land, or a lessee from the state of agricultural 06 land, in the general vicinity of the land to be cleared or drained under AS 38.07.010(a) 07 may apply to the commissioner to have the land cleared or drained or both along with 08 the state land. The applicant's land shall be included in the contract of land to be 09 cleared or drained if, in the discretion of the commissioner, the inclusion is feasible 10 and furthers the agricultural policies of the division of the Department of Natural 11 Resources with responsibility for agriculture. 12 * Sec. 54. AS 39.25.110(14) is amended to read: 13 (14) petroleum engineers and petroleum geologists employed in a 14 professional capacity by the Department of Natural Resources and by the Alaska Oil 15 and Gas Conservation Commission, except for those employed in the division of 16 geological and geophysical surveys in the Department of Natural Resources; 17 * Sec. 55. AS 41.10.100(b) is amended to read: 18 (b) The board shall also 19 (1) receive and review reports concerning the use of soil resources of 20 the state; 21 (2) hold public hearings and meetings to determine whether land in the 22 state is being used in a manner consistent with sound soil and water conservation 23 practices; 24 (3) make recommendations for specific action necessary to provide for 25 the effective and orderly development of agricultural, forest, and grazing land in the 26 state; 27 (4) review an appeal by an applicant or lessee from a decision of the 28 director of the division of lands concerning a sale or lease of state agricultural or 29 grazing land and submit its recommendations to the commissioner or hearing officer; 30 (5) act in an advisory capacity to the soil and water conservation 31 districts in the state;
01 (6) act in an advisory capacity to the commissioner and director of the 02 division of the department with responsibility for agriculture in the review of farm 03 conservation plans for all state agricultural land sales in the state. 04 * Sec. 56. AS 44.41.035(b) is amended to read: 05 (b) The Department of Public Safety shall collect for inclusion into the DNA 06 identification registration system a blood sample, oral sample, or both, from (1) a 07 person convicted in this state of a crime against a person or a felony under AS 11 or 08 AS 28.35 or a law or ordinance with elements similar to a crime against a person or a 09 felony under AS 11 or AS 28.35, (2) a minor 16 years of age or older, adjudicated as a 10 delinquent in this state for an act that would be a crime against a person or a felony 11 under AS 11 or AS 28.35 if committed by an adult or for an act that would violate a 12 law or ordinance with elements similar to a crime against a person or a felony under 13 AS 11 or AS 28.35 if committed by an adult, (3) a voluntary donor, (4) an anonymous 14 DNA donor for use in forensic validation, forensic protocol development, quality 15 control, or population or statistical data bases, (5) a person required to register as a sex 16 offender or child kidnapper under AS 12.63, and (6) a person arrested for a crime 17 against a person or a felony under AS 11 or AS 28.35, or a law or ordinance with 18 elements similar to a crime against a person or a felony under AS 11 or AS 28.35. The 19 department also may collect for inclusion into the DNA identification registration 20 system a blood sample, oral sample, or tissue sample from crime scene evidence or 21 from unidentified human remains. The DNA identification registration system consists 22 of the blood, oral, or tissue samples drawn under this section, any DNA or other blood 23 grouping tests done on those samples, and the identification data related to the samples 24 or tests. Blood samples, oral samples, and tissue samples not subject to testing under 25 this section, and test or identification data related to those samples, may not be entered 26 into, or made a part of, the DNA identification registration system. 27 * Sec. 57. AS 44.41.035(l) is amended to read: 28 (l) The Department of Public Safety may not include in the DNA 29 identification registration system a blood sample, oral sample, or tissue sample of the 30 victim of a crime, unless that person would otherwise be included under (b)(1) - (6) of 31 this section.
01 * Sec. 58. AS 44.41.035(n) is amended to read: 02 (n) A juvenile or adult correctional, probation, or parole officer or a peace 03 officer may use reasonable force to collect an oral sample for inclusion into the DNA 04 identification registration system from a person required to submit to collection of a 05 sample under this section, AS 12.55.015(h), 12.55.100(d), AS 33.16.150(a), or another 06 law. 07 * Sec. 59. AS 44.41.035(p) is amended to read: 08 (p) The department shall make every reasonable effort to process each sample 09 collected from a person under (b)(1), (b)(2), (b)(5), and (b)(6) of this section and 10 include the identification data resulting from the testing of the sample in the DNA 11 identification registration system within 90 days after receiving the sample. 12 * Sec. 60. AS 45.07.309(a) is amended to read: 13 (a) A carrier who issues a bill of lading, whether negotiable or nonnegotiable, 14 shall [MUST] exercise the degree of care in relation to the goods that a reasonably 15 careful person [MAN] would exercise under like circumstances. This subsection does 16 not repeal or change any law or rule of law that imposes liability upon a common 17 carrier for damages not caused by its negligence. 18 * Sec. 61. AS 45.10.220(6) is amended to read: 19 (6) "rate" means the percentage that [WHICH], when multiplied by 20 [TIMES] the outstanding balance for each month or other installment period, yields 21 the amount of the service charge for the month or period; 22 * Sec. 62. AS 45.14.403(a) is amended to read: 23 (a) Payment of the sender's obligation under AS 45.14.402 to pay the 24 receiving bank occurs as follows: 25 (1) if the sender is a bank, payment occurs when the receiving bank 26 receives final settlement of the obligation through a federal reserve bank or through a 27 funds-transfer system; 28 (2) if the sender is a bank and the sender 29 [(A)] credited an account of the receiving bank with the sender 30 [;] or 31 [(B)] caused an account of the receiving bank in another bank
01 to be credited, payment occurs when the credit is withdrawn or, if not 02 withdrawn, at midnight of the day on which the credit is withdrawable and the 03 receiving bank learns of that fact; 04 (3) if the receiving bank debits an account of the sender with the 05 receiving bank, payment occurs when the debit is made to the extent that the debit is 06 covered by a withdrawable credit balance in the account. 07 * Sec. 63. AS 45.29.313(b) is amended to read: 08 (b) With respect to goods covered by a certificate of title issued by this state, a 09 secured party may perfect a security interest in the goods by taking possession of the 10 goods only in the circumstances described in AS 45.29.316(d) [AS 45.29.316(e)]. 11 * Sec. 64. AS 45.29.314(a) is amended to read: 12 (a) A security interest in deposit accounts, electronic chattel paper, investment 13 property, or letter-of-credit rights [, OR] may be perfected by control of the collateral 14 under AS 45.29.104, 45.29.105, 45.29.106, or 45.29.107. 15 * Sec. 65. AS 45.50.471(b)(34) is amended to read: 16 (34) violating AS 08.66.260 - 08.66.350 [AS 08.66.200 - 08.66.350] 17 (motor vehicle buyers' agents); 18 * Sec. 66. AS 46.03.450(8) is amended to read: 19 (8) "underground storage tank" means one or a combination of 20 stationary devices, including underground pipes connected to the devices, that is 21 designed to contain an accumulation of petroleum, the volume of which, including the 22 volume of underground pipes, is 10 percent or more beneath the surface of the ground, 23 except that the term does not include a 24 (A) farm or residential tank of 1,100 gallons or less capacity 25 used for storing motor fuel for noncommercial purposes; 26 (B) tank used for storing heating oil for consumptive use on the 27 premises where stored; 28 (C) septic tank; 29 (D) pipeline facility, including gathering lines, 30 [(i)] regulated under 49 U.S.C. 60101 [49 U.S.C. 1671,] 31 et seq. [, (NATURAL GAS PIPELINE SAFETY ACT OF 1968);
01 (ii) REGULATED UNDER 49 U.S.C. 2001, ET SEQ., 02 (HAZARDOUS LIQUID PIPELINE SAFETY ACT OF 1979);] or 03 [(iii)] that is an intrastate pipeline facility regulated 04 under state laws comparable to the provisions of 49 U.S.C. 60101 et 05 seq. [LAW REFERRED TO IN (i) OR (ii) OF THIS 06 SUBPARAGRAPH]; 07 (E) surface impoundment, pit, pond, or lagoon; 08 (F) storm water or waste water collection system; 09 (G) flow-through process tank; 10 (H) liquid trap or associated gathering lines directly related to 11 oil or gas production and gathering operations; 12 (I) storage tank situated in an underground area such as a 13 basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is 14 situated upon or above the surface of the floor; 15 (J) tank with a capacity of 110 gallons or less; 16 (K) tank containing hazardous wastes regulated under 42 17 U.S.C. 6921 - 6939b; or 18 (L) tank system that the department has exempted by 19 regulations adopted under AS 46.03.365; 20 * Sec. 67. AS 46.06.090(a) is amended to read: 21 (a) A [BEGINNING OCTOBER 1, 1981, A] person may not sell or offer to 22 sell a nonglass beverage container that is designed and constructed so that the 23 container is opened by detaching a metal ring or tab. This section does not apply to a 24 beverage container that is opened by a detachable piece of tape, foil, or other soft 25 material. 26 * Sec. 68. AS 46.06.090(b) is amended to read: 27 (b) A [BEGINNING JANUARY 1, 1985, A] person may not sell or offer to 28 sell in this state beverage containers that are held together by plastic rings or similar 29 plastic devices unless the rings or devices are degradable and bear a distinguishing 30 mark furnished to the department by the manufacturer. The department may require 31 test data that shows that the plastic rings or plastic devices meet or exceed the
01 department's standards of degradability. 02 * Sec. 69. AS 46.14.170(c) is amended to read: 03 (c) Failure by the department to act within the time limits established in or 04 under (a) [, (b),] or (d) of this section is considered to be a final agency action, but 05 only for the purpose of judicial review to determine whether the court will require that 06 action be taken by the department. 07 * Sec. 70. AS 46.14.300(c) is amended to read: 08 (c) Except as provided in AS 46.14.310(b), the department shall provide 09 assistance as described in (b) of this section to a requesting stationary source that is 10 not a small business concern as defined in 15 U.S.C. 632 [15 U.S.C. 631] but that is 11 subject to the requirements of this chapter if the legislature appropriates money from 12 the general fund for this purpose. 13 * Sec. 71. AS 46.14.990(24) is amended to read: 14 (24) "small business facility" means a stationary source that 15 (A) is owned or operated by a person who employs 100 or 16 fewer individuals; 17 (B) is a small business concern as defined in 15 U.S.C. 632 [15 18 U.S.C. 631 (SMALL BUSINESS ACT)]; and 19 (C) emits less than 100 TPY of regulated air pollutants; 20 * Sec. 72. AS 46.15.035(c) is amended to read: 21 (c) Except as provided in AS 46.15.090, and in addition to the requirements of 22 (a) of this section, the commissioner may approve an application for removal or permit 23 an appropriation for removal under (a) of this section of water from a lake, river, or 24 stream that is used by fish for spawning, incubation, rearing, or migration, or ground 25 water that significantly influences the volume of water in a lake, river, or stream that is 26 used by fish for spawning, incubation, rearing, or migration, only if the commissioner 27 reserves a volume of water in the lake or an instream flow in the river or stream for the 28 use of fish and to maintain habitat for fish. The commissioner may adjust the volume 29 of water reserved under this subsection if the commissioner, after public notice and 30 opportunity to comment and with the concurrence of the commissioner of fish and 31 game, finds that the best interests of the state are served by the adjustment. A
01 reservation under this subsection 02 (1) of a volume of water or an instream flow for the use of fish and to 03 maintain habitat for fish that is reserved under this section is withdrawn from 04 appropriation; 05 (2) for fish from a lake, river, or stream, identified under AS 16.05.871 06 [AS 16.05.870] or identified in a Department of Fish and Game regional guide as 07 being used by fish for spawning, incubation, rearing, or migration on or before July 1, 08 1992, has a priority date as of July 1, 1992; 09 (3) of water does not apply to an application for removal or 10 appropriation for removal under AS 46.15.040 for nonconsumptive uses of water or 11 for single family domestic use; 12 (4) is not subject to AS 46.15.145; 13 (5) of water does not apply to appropriations of ground water of 5,000 14 gallons or less a day unless the commissioner, in consultation with the Department of 15 Fish and Game, determines that the appropriation may adversely affect fish habitat in 16 a lake, river, or stream; the commissioner shall consider multiple appropriations of 17 water for a single related use as a single appropriation for the purposes of this 18 subsection. 19 * Sec. 73. AS 46.15.165(c) is amended to read: 20 (c) Upon initiation of the adjudication, the commissioner shall 21 (1) serve the order on each applicant, certificate holder, or permittee 22 listed in the department's records within the adjudication area; 23 (2) serve the order on any agency of the federal, state, or a local 24 government with management authority over land or water within the adjudication 25 area; 26 (3) serve the order on any person who owns or claims land within the 27 adjudication area if the land is held in trust by the United States for the person or if the 28 patent, deed, or certificate to the land from the United States was issued under 25 29 U.S.C. 334 (Indian General Allotment Act of February 8, 1887, 24 Stat. 389, as 30 amended and supplemented), 25 U.S.C. 372 (the Allotment Act of June 25, 1910, 36 31 Stat. 855), former 43 U.S.C. 270-1, 270-2 (the Allotment Act of May 17, 1906, 34
01 Stat. 197), any other allotment act, or the Alaska Native Townsite Act of May 25, 02 1926, 44 Stat. 629, and serve the order on the United States on behalf of the person; 03 (4) serve the order on the United States and the appropriate governing 04 body of the Annette Island Reserve established by 25 U.S.C. 495 (the Act of March 3, 05 1891, 26 Stat. 1101) if the land or water, including hydrologically interconnected 06 water, of the Annette Island Reserve is within the adjudication area; 07 (5) serve the order on any other person claiming a federal reserved 08 water right within the adjudication area; 09 (6) serve the regional corporation and village corporation established 10 under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) that has a 11 pending land selection or has acquired ownership to land under that act that is located 12 within the adjudication area; and 13 (7) serve the order on each mining claimant of record with the United 14 States and the state within the adjudication area as of the date of the order initiating 15 the administrative adjudication. 16 * Sec. 74. AS 46.30.080 is amended to read: 17 Sec. 46.30.080. Regulations. The department, with the advice of the Water 18 and Wastewater Works Advisory Board, shall adopt regulations for administration of 19 this chapter. The regulations must include 20 (1) the basis for classification of potable water supply and wastewater 21 systems and facilities, including the type and size of lesser systems and facilities, if 22 any, to which the provisions of this chapter do not apply, as required by AS 46.30.010; 23 (2) criteria for the qualification of applicants for operator certification 24 corresponding to each of the classifications referred to in AS 46.30.010; 25 (3) procedures for examination of candidates and renewal of 26 certificates; 27 (4) procedures for the revocation of certificates; 28 (5) determination as to which additional personnel shall be certified 29 when certification is required for more than the operator in direct responsible charge. 30 * Sec. 75. AS 47.10.396 is amended to read: 31 Sec. 47.10.396. Confidentiality of records. If the department requires record
01 keeping by a shelter for runaways or by a [NONPROFIT] corporation that is licensed 02 to designate shelters for runaways, records of the shelter and the [NONPROFIT] 03 corporation that identify a runaway minor who has been sheltered in a shelter for 04 runaways or has sought assistance from a shelter for runaways are confidential and are 05 not subject to inspection or copying under AS 40.25.110 - 40.25.120 unless 06 (1) after being informed of the minor's right to privacy, the minor 07 consents in writing to the disclosure of the records; 08 (2) the records are relevant to an investigation or proceeding involving 09 child abuse or neglect or a child in need of aid petition; or 10 (3) disclosure of the records is necessary to protect the life or health of 11 the minor. 12 * Sec. 76. AS 47.14.100 is amended by adding a new subsection to read: 13 (n) In this section, "adult family member" has the meaning given in 14 AS 47.10.990. 15 * Sec. 77. AS 47.14.990(12) is amended to read: 16 (12) ["TREATMENT FACILITY" OR] "treatment institution" means a 17 hospital, clinic, institution, center, or other health care facility that has been designated 18 by the department for the treatment of juveniles. 19 * Sec. 78. AS 47.30.660(b) is amended to read: 20 (b) The department, in fulfilling its duties under this section and through its 21 division responsible for [OF] mental health [AND DEVELOPMENTAL 22 DISABILITIES], shall 23 (1) administer a comprehensive program of services for persons with 24 mental disorders, for the prevention of mental illness, and for the care and treatment of 25 persons with mental disorders, including inpatient and outpatient care and treatment 26 and the procurement of services of specialists or other persons on a contractual or 27 other basis; 28 (2) take the actions and undertake the obligations that are necessary to 29 participate in federal grants-in-aid programs and accept federal or other financial aid 30 from whatever sources for the study, prevention, examination, care, and treatment of 31 persons with mental disorders;
01 (3) administer AS 47.30.660 - 47.30.915; 02 (4) designate, operate, and maintain treatment facilities equipped and 03 qualified to provide inpatient and outpatient care and treatment for persons with 04 mental disorders; 05 (5) provide for the placement of patients with mental disorders in 06 designated treatment facilities; 07 (6) enter into arrangements with governmental agencies for the care or 08 treatment of persons with mental disorders in facilities of the governmental agencies 09 in the state or in another state; 10 (7) enter into contracts with treatment facilities for the custody and 11 care or treatment of persons with mental disorders; contracts under this paragraph are 12 governed by AS 36.30 (State Procurement Code); 13 (8) enter into contracts, which incorporate safeguards consistent with 14 AS 47.30.660 - 47.30.915 and the preservation of the civil rights of the patients with 15 another state for the custody and care or treatment of patients previously committed 16 from this state under 48 U.S.C. 46 et seq., and P.L. 84-830, 70 Stat. 709; 17 (9) prescribe the form of applications, records, reports, requests for 18 release, and consents to medical or psychological treatment required by AS 47.30.660 19 - 47.30.915; 20 (10) require reports from the head of a treatment facility concerning 21 the care of patients; 22 (11) visit each treatment facility at least annually to review methods of 23 care or treatment for patients; 24 (12) investigate complaints made by a patient or an interested party on 25 behalf of a patient; 26 (13) delegate upon mutual agreement to another officer or agency of it, 27 or a political subdivision of the state, or a treatment facility designated, any of the 28 duties and powers imposed upon it by AS 47.30.660 - 47.30.915; 29 (14) after consultation with the Alaska Mental Health Trust Authority, 30 adopt regulations to implement the provisions of AS 47.30.660 - 47.30.915; 31 (15) provide technical assistance and training to providers of mental
01 health services; and 02 (16) set standards under which each designated treatment facility shall 03 provide programs to meet patients' medical, psychological, social, vocational, 04 educational, and recreational needs. 05 * Sec. 79. AS 47.30.662(c) is amended to read: 06 (c) The board members 07 (1) shall include the director of the division of the department 08 responsible for mental health [AND DEVELOPMENTAL DISABILITIES IN THE 09 DEPARTMENT]; and 10 (2) may include representatives of the principal state agencies with 11 respect to education, vocational rehabilitation, criminal justice, housing, social 12 services, medical assistance, substance abuse, and aging. 13 * Sec. 80. AS 47.30.772 is amended to read: 14 Sec. 47.30.772. Medication and treatment. An evaluation facility or 15 designated treatment facility may administer medication or other treatment to an 16 involuntarily committed patient only in a manner that is consistent with the provisions 17 of AS 47.30.817 - 47.30.865 [AS 47.30.825 - 47.30.865]. 18 * Sec. 81. AS 47.30.835(b) is amended to read: 19 (b) Court-ordered evaluation or treatment under AS 47.30.660 - 47.30.915 is 20 not a determination of legal incapacity under AS 13.26.005 - 13.26.320 [AS 13.26.005 21 - 13.26.330]. 22 * Sec. 82. AS 47.30.838(b) is amended to read: 23 (b) When a patient is no longer in the crisis situation that led [LEAD] to the 24 use of psychotropic medication without consent under (a) of this section, an 25 appropriate health care professional shall discuss the crisis with the patient, including 26 precursors to the crisis, in order to increase the patient's and the professional's 27 understanding of the episode and to discuss prevention of future crises. The 28 professional shall seek and consider the patient's recommendations for managing 29 potential future crises. 30 * Sec. 83. AS 47.30.855 is amended to read: 31 Sec. 47.30.855. Posting of rights. The rights set out in AS 47.30.817 -
01 47.30.855 [AS 47.30.825 - 47.30.855] shall be prominently posted in all treatment 02 facilities in places accessible to all patients. A patient who does not understand 03 English shall have the patient rights explained in a language the patient understands. 04 * Sec. 84. AS 47.80.040(a) is amended to read: 05 (a) The council consists of not [NO] fewer than 18 nor more than 26 members 06 appointed by the governor in a manner that satisfies the requirements for a state 07 interagency coordinating council under 20 U.S.C. 1482 and a state [PLANNING] 08 council under 42 U.S.C. 15025 [42 U.S.C. 6024]. 09 * Sec. 85. AS 47.80.090 is amended to read: 10 Sec. 47.80.090. Responsibilities. The council shall 11 (1) serve as a forum by which issues and benefits regarding current and 12 potential services to disabled and gifted persons may be discussed by consumer, 13 public, private, professional, and lay interests; 14 (2) advocate the needs of disabled and gifted persons before the 15 executive and legislative branches of the state government and before the public; 16 (3) advise the executive and legislative branches of the state 17 government and the private sector on programs and policies pertaining to current and 18 potential services to disabled or gifted persons and their families; 19 (4) submit periodic reports to the commissioner of health and social 20 services, the commissioner of education and early development, and [TO] other 21 appropriate departments [,] on the effects of current federal and state programs 22 regarding services to disabled or gifted persons; these reports must include program 23 performance reports to the governor, the federal government, and [TO] state agencies 24 as required under 20 U.S.C. 1482 and 40 U.S.C. 15025 [42 U.S.C. 6024]; 25 (5) in conjunction with the Departments of Health and Social Services 26 and Education and Early Development, develop, prepare, adopt, periodically review, 27 and revise as necessary an annual state plan prescribing programs that meet the needs 28 of persons with developmental disabilities as required under 42 U.S.C. 15024 [42 29 U.S.C. 6022]; 30 (6) review and comment to commissioners of state departments on all 31 state plans and proposed regulations relating to programs for persons who are
01 experiencing disabilities before the adoption of a plan or regulation; for this purpose, 02 the appropriate departments shall submit the plans and proposed regulations to the 03 council; 04 (7) recommend the priorities and specifications for the use of funds 05 received by the state under 20 U.S.C. 1471 - 1482 and 42 U.S.C. 15001 - 15083 [20 06 U.S.C. 1471 - 1485 AND 42 U.S.C. 6000 - 6083]; 07 (8) submit annually to the commissioner of health and social services, 08 the commissioner of education and early development, and the commissioner of 09 commerce, community, and economic development a proposed interdepartmental 10 program budget for services to disabled or gifted persons that includes, insofar as 11 possible, projected revenues and expenditures for programs implemented by state 12 agencies, local governmental agencies, and private organizations; the 13 interdepartmental program budget is an informational supplement to the regular 14 annual budgetary submissions of the departments to the Office of the Governor; 15 (9) provide information and guidance for the development of 16 appropriate special educational programs and services for a child with a disability as 17 defined in AS 14.30.350; 18 (10) monitor and evaluate budgets or other implementation plans and 19 programs for disabled and gifted persons to assure nonduplication of services and 20 encourage efficient and coordinated use of federal, state, and private resources in the 21 provision of services; members of the council, with the approval of the council, have 22 access to information in the possession of state agencies subject to disclosure 23 restrictions imposed by state or federal confidentiality or privacy laws; 24 (11) perform other duties required under applicable federal laws or 25 AS 14.30.231 and as the governor may assign; 26 (12) govern the special education service agency and may hire 27 personnel necessary to operate the agency; and 28 (13) provide to the Alaska Mental Health Trust Authority for its 29 review and consideration recommendations concerning the integrated comprehensive 30 mental health program for the people of the state who are described in 31 AS 47.30.056(b)(2) and the use of the money in the mental health trust settlement
01 income account in a manner consistent with regulations adopted under AS 47.30.031. 02 * Sec. 86. Section 14, ch. 137, SLA 2002, is amended to read: 03 Sec. 14. AS 16.43.970(b) is amended to read: 04 (b) A person [OR ENTITY] who knowingly makes a false statement to the 05 commission for the purpose of obtaining a benefit, including the issuance, renewal, 06 duplication, or transfer of an entry or interim-use permit or [,] vessel license [, 07 VESSEL INTERIM-USE PERMIT, OR VESSEL ENTRY PERMIT,] or a person who 08 assists another by knowingly making a false statement to the commission for the 09 purpose of obtaining a benefit for another, is guilty of the crime of unsworn 10 falsification in the second degree as set out in AS 11.56.210. Upon conviction, the 11 person [OR ENTITY] is also subject to suspension of commercial fishing privileges 12 and revocation of commercial fishing permits under (i) of this section. 13 * Sec. 87. Section 12, ch. 50, SLA 2005, is amended to read: 14 Sec. 12. [AS 14.25.070(b);] AS 39.35.150(f), 39.35.150(g), 39.35.150(h), and 15 39.35.270(b) are repealed July 1, 2009. 16 * Sec. 88. AS 08.36.246(a)(4)(B); AS 31.05.080(b); AS 44.88.180(b); AS 46.14.170(b), 17 46.14.990(13); AS 47.14.295(1), 47.14.990(11); AS 47.20.390(4); and sec. 33, ch. 122, SLA 18 1977, are repealed. 19 * Sec. 89. AS 14.25.070(e) is repealed. 20 * Sec. 90. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 CONDITIONAL EFFECT. Section 89 of this Act takes effect only if AS 14.20.135 is 23 repealed under sec. 12 and 15, ch. 57, SLA 2001, as amended by sec. 6, ch. 15, SLA 2003, 24 and by secs. 10 and 17, ch. 50, SLA 2005, and any future amendments extending the date of 25 that repeal. 26 * Sec. 91. Section 34, ch. 122, SLA 1977, is repealed. 27 * Sec. 92. If sec. 89 of this Act takes effect, it takes effect on the date of the repeal described 28 in sec. 90 of this Act. 29 * Sec. 93. Section 59 of this Act takes effect July 1, 2009. 30 * Sec. 94. Except as provided in secs. 92 and 93 of this Act, this Act takes effect 31 immediately under AS 01.10.070(c).