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