Enrolled HB 81: Making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date.
00Enrolled HB 81 01 Making corrective amendments to the Alaska Statutes as recommended by the revisor of 02 statutes; and providing for an effective date. 03 _______________ 04 * Section 1. AS 04.11.080 is amended to read: 05 Sec. 04.11.080. Types of licenses and permits. Licenses and permits issued 06 under this title are as follows: 07 (1) beverage dispensary license; 08 (2) duplicate beverage dispensary license for additional rooms; 09 (3) restaurant or eating place license; 10 (4) club license; 11 (5) bottling works license; 12 (6) brewery license; 13 (7) package store license; 14 (8) general wholesale license;
01 (9) wholesale malt beverage and wine license; 02 (10) distillery license; 03 (11) common carrier dispensary license; 04 (12) retail stock sale license; 05 (13) recreational site license; 06 (14) pub license; 07 (15) winery license; 08 (16) caterer's permit; 09 (17) special events permit; 10 (18) conditional contractor's permit; 11 (19) brewpub license; 12 (20) golf course license; 13 (21) outdoor recreation lodge license; 14 (22) destination resort license. 15 * Sec. 2. AS 04.11.220(e) is amended to read: 16 (e) In this section, an "accredited college or university" means a college or 17 university accredited by the Northwest Commission on Colleges and Universities 18 [ASSOCIATION OF SECONDARY AND HIGHER SCHOOLS]. 19 * Sec. 3. AS 08.70.110(a) is amended to read: 20 (a) The department shall license 21 [(1)] applicants who pass the written examination administered by the 22 department and meet the standards established by the department under AS 08.70.050 23 [; 24 (2) PERSONS LICENSED UNDER EMERGENCY REGULATIONS 25 7 AAC 12.045 PROMULGATED IN REGISTER 51, JULY 8, 1974, WHO HAVE 26 PRACTICED AS ADMINISTRATORS SINCE LICENSING]. 27 * Sec. 4. AS 11.46.495 is amended to read: 28 Sec. 11.46.495. Definitions. In AS 11.46.400 - 11.46.495, unless the context 29 requires otherwise, 30 (1) "highway" has the meaning given in AS 19.59.001; 31 (2) "motor vehicle" has the meaning given in AS 28.90.990;
01 (3) "official traffic control device" means a traffic control device that 02 has been placed on a highway by authority of a state or municipal agency, a utility, or 03 a contractor employed by a state or municipal agency or a utility; 04 (4) "oil or gas pipeline or supporting facility [FACILITIES]" means 05 real property or tangible personal property used in the exploration for, production or 06 refining of, or pipeline transportation of oil, gas, or gas liquids, except for property 07 used solely in the retail distribution of oil or gas; 08 (5) "tamper" means to interfere with something improperly, meddle 09 with it, or make unwarranted alterations to its existing condition; 10 (6) "traffic control device" includes a sign, signal, road marker, 11 barricade, flare, warning light, reflector, railroad sign or signal, shield, insignia, 12 milepost, or similar device intended to warn, inform, or control the flow of pedestrian, 13 equestrian, bicycle, or motor vehicle traffic; 14 (7) "utility" means an enterprise, whether publicly or privately owned 15 or operated, which provides gas, electric, steam, water, sewer, or communications 16 service, and any common carrier; 17 (8) "widely dangerous means" means any difficult-to-confine 18 substance, force, or other means capable of causing widespread damage, including 19 fire, explosion, avalanche, poison, radioactive material, bacteria, collapse of a 20 building, or flood. 21 * Sec. 5. AS 11.51.100(a) is amended to read: 22 (a) A person commits the crime of endangering the welfare of a child in the 23 first degree if, being a parent, guardian, or other person legally charged with the care 24 of a child under 16 years of age, the person 25 (1) intentionally deserts the child in a place under circumstances 26 creating a substantial risk of physical injury to the child; 27 (2) leaves the child with another person who is not a parent, guardian, 28 or lawful custodian of the child knowing that the person is 29 (A) registered or required to register as a sex offender or child 30 kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 31 similar requirements;
01 (B) charged by complaint, information, or indictment with a 02 violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 03 jurisdiction with similar elements; or 04 (C) charged by complaint, information, or indictment with an 05 attempt, solicitation, or conspiracy to commit a crime described in (B) of this 06 paragraph; 07 (3) leaves the child with another person knowing that the person has 08 previously physically mistreated or had sexual contact with any child, and the other 09 person causes physical injury to or engages in sexual contact with the child; or 10 (4) recklessly fails to provide an adequate quantity of food or liquids to 11 a child, causing protracted impairment of the child's health. 12 * Sec. 6. AS 11.56.810(a) is amended to read: 13 (a) A person commits the crime of terroristic threatening in the second degree 14 if the person knowingly makes a false report that a circumstance 15 (1) dangerous to human life exists or is about to exist and 16 (A) a person is placed in reasonable fear of physical injury to 17 any person; 18 (B) causes evacuation of a building, public place or area, 19 business premises, or mode of public transportation; 20 (C) causes serious public inconvenience; or 21 (D) the report claims that a bacteriological, biological, 22 chemical, or radiological substance that is capable of causing serious physical 23 injury has been sent or is present in a building, public place or area, business 24 premises, or mode of public transportation; or 25 (2) exists or is about to exist that is dangerous to the proper or safe 26 functioning of an oil or gas pipeline or supporting facility, utility, or transportation or 27 cargo facility; in this paragraph, "oil or gas pipeline or [AND] supporting facility" and 28 "utility" have the meanings given in AS 11.46.495. 29 * Sec. 7. AS 14.20.310(a) is amended to read: 30 (a) The number of teachers eligible for sabbatical leave that may be allowed 31 under AS 14.20.280 - 14.20.350 is as follows:
01 (1) not more than one-half of one percent of the total number of 02 teachers from all borough and city school districts and regional educational 03 [EDUCATION] attendance areas may be on state-supported sabbatical leave in any 04 year; 05 (2) any number of teachers may be on sabbatical leave at school 06 district or personal expense. 07 * Sec. 8. AS 15.10.120(a) is amended to read: 08 (a) An election supervisor shall appoint in each precinct within the election 09 supervisor's district an election board composed of at least three qualified voters 10 registered to vote in that precinct. If the election supervisor is unable to locate three 11 qualified individuals registered to vote in that precinct who are willing and able to 12 serve on the election board, the election supervisor may appoint any qualified 13 individual registered to vote in the house [ELECTION] district in which the precinct 14 is located. If the election supervisor is unable to locate three qualified individuals 15 registered to vote in the precinct or in the district who are willing and able to serve on 16 the election board, the election supervisor may appoint any qualified individual 17 registered to vote in this state. In addition to the three qualified voters registered to 18 vote in the precinct, district, or state, an election supervisor may also appoint not more 19 than two members of the youth vote ambassador program established in AS 15.10.108 20 to serve on a precinct election board. 21 * Sec. 9. AS 15.15.430(a) is amended to read: 22 (a) The review of ballot counting by the director shall include only 23 (1) a review of the precinct registers, tallies, and ballots cast; 24 (2) a review of absentee and questioned ballots as prescribed by law; 25 and 26 (3) unless the ballot for the house [ELECTION] district contains 27 nothing but uncontested offices, a hand count of ballots from one randomly selected 28 precinct in each house [ELECTION] district that accounts for at least five percent of 29 the ballots cast in that district. 30 * Sec. 10. AS 18.60.075(a) is amended to read: 31 (a) An employer shall do everything necessary to protect the life, health, and
01 safety of employees, including [, BUT NOT LIMITED TO] 02 (1) complying with all occupational safety and health standards and 03 regulations adopted by the department; 04 (2) furnishing and prescribing the use of suitable protective equipment, 05 safety devices, and safeguards as are prescribed for the work and workplace [WORK 06 PLACE]; 07 (3) adopting and prescribing control or technological procedures, and 08 monitoring and measuring employee exposure in connection with hazards, as may be 09 necessary for the protection of employees; and 10 (4) furnishing to each employee employment and a place of 11 employment that are free from recognized hazards that, in the opinion of the 12 commissioner, are causing or are likely to cause death or serious physical harm to the 13 employees. 14 * Sec. 11. AS 18.60.780(2) is amended to read: 15 (2) "commercial buildings" means buildings including [BUT NOT 16 LIMITED TO] wholesale and retail stores and storerooms, and office buildings; 17 * Sec. 12. AS 18.60.780(6) is amended to read: 18 (6) "glazing" means the act of installing and securing glass or other 19 glazing material into prepared openings in structural elements including [BUT NOT 20 LIMITED TO] doors, enclosures, and panels; 21 * Sec. 13. AS 18.60.780(8) is amended to read: 22 (8) "industrial buildings" means buildings including [BUT NOT 23 LIMITED TO] factories, manufacturing plants, or other auxiliary structures used in a 24 manufacturing process; 25 * Sec. 14. AS 18.60.780(9) is amended to read: 26 (9) "other structures used as dwellings" means buildings including 27 [BUT NOT LIMITED TO] mobile homes, manufactured or industrialized housing, 28 and lodging homes; 29 * Sec. 15. AS 18.60.780(11) is amended to read: 30 (11) "public buildings" means buildings including [BUT NOT 31 LIMITED TO] hotels, hospitals, motels, dormitories, sanitariums, nursing homes,
01 theaters, stadiums, gymnasiums, amusement park buildings, schools and other 02 buildings used for educational purposes, museums, restaurants, bars, correctional 03 institutions, places of worship, and other buildings of public accommodation or 04 assembly; 05 * Sec. 16. AS 18.60.780(12) is amended to read: 06 (12) "residential buildings" means structures including [BUT NOT 07 LIMITED TO] homes and apartments used as dwellings for one or more families or 08 persons; 09 * Sec. 17. AS 18.60.780(13) is amended to read: 10 (13) "safety glazing material" means any glazing material, including 11 [BUT NOT LIMITED TO] tempered glass, laminated glass, wire glass, or rigid 12 plastic, that meets the test requirements of the American National Standards Institute 13 Standard (ANSI Standard) Z-97.1-1972, and that is so constructed, treated, or 14 combined with other materials as to minimize the likelihood of cutting and piercing 15 injuries resulting from human contact with the glazing material; 16 * Sec. 18. AS 18.63.040(b) is amended to read: 17 (b) A basic hazardous painting certificate program must include instruction 18 and written and practical testing in methods of ventilation, respirator selection, 19 chemical reaction to body tissue, proper use of painting tools, knowledge of relevant 20 health and safety laws and regulations, including relevant portions of state 21 occupational safety and health standards adopted by the department in regulation 22 [REFERENCE UNDER 8 AAC 61.010], and other appropriate subjects. A basic 23 hazardous painting certificate program may not exceed 16 hours of instruction and 24 testing. A supplemental hazardous painting certificate program must include 25 instruction and written and practical testing necessary to ensure that a person who 26 completes the program will be knowledgeable about new developments and changes 27 related to hazardous painting that have occurred since the person completed a basic 28 hazardous painting certificate program. 29 * Sec. 19. AS 35.15.080(b) is amended to read: 30 (b) If the commissioner [OF TRANSPORTATION AND PUBLIC 31 FACILITIES] determines that assumption of responsibilities by a municipality under
01 (a) of this section is not practicable or not in the best interests of the state, the 02 commissioner shall notify the governing body of the municipality of the finding and 03 specify reasons for it. If the governing body requests reconsideration of the decision, 04 the commissioner shall hold a hearing in the municipality within 30 days following 05 mailing of the request. Following the hearing, the commissioner may affirm, modify, 06 or reverse the initial decision and shall specify in writing the reasons. 07 * Sec. 20. AS 35.15.080(f) is amended to read: 08 (f) To carry out the purpose of this section, the commissioner [OF 09 TRANSPORTATION AND PUBLIC FACILITIES] shall adopt regulations relating to 10 the application for and the making and the conditions of agreements and the local 11 assumption of responsibilities for the planning, design, and construction of public 12 works under this section. The commissioner may require different terms in agreements 13 for different projects to meet local conditions and unique requirements and to assure 14 compliance with the public facilities procurement policies developed by the 15 department under AS 35.10.160 - 35.10.200. If necessary, the commissioner may 16 require as a condition of an agreement approval of the agreement by the federal 17 government. 18 * Sec. 21. AS 35.20.020 is amended to read: 19 Sec. 35.20.020. Declaration of taking. A declaration of taking, in the form of 20 an order signed by the commissioner [OF THE DEPARTMENT], declaring that the 21 real property, or an interest in it, or any easement is necessary for the public use of the 22 state is sufficient to vest title in the state. However, a declaration of taking is not 23 effective until eminent domain proceedings have been instituted in the proper court [,] 24 and a copy of the declaration of taking is recorded in the office of the recorder located 25 in the recording district where the land is located. The department may pay or have 26 paid, from the appropriate fund, into court the amount it considers represents a 27 reasonable valuation for the land, easement, or materials taken. 28 * Sec. 22. AS 35.27.020(c) is amended to read: 29 (c) At least one percent or, in the case of a rural school facility, at least one- 30 half of one percent of the construction cost of a building or facility approved for 31 construction by the legislature [AFTER SEPTEMBER 1, 1977,] will be reserved for
01 the following purposes: the design, construction, mounting, and administration of 02 works of art in a school, office building, court building, vessel of the marine highway 03 system, or other building or facility that [WHICH] is subject to substantial public use. 04 * Sec. 23. AS 35.40.110 is amended to read: 05 Sec. 35.40.110. Robert B. Atwood Building. The [AFTER MARCH 31, 06 2002, THE] state office building at 550 West Seventh Avenue in Anchorage is named 07 the Robert B. Atwood Building. [THE NAME OF THE BUILDING MAY BE 08 CHANGED BEFORE MARCH 31, 2002, IF A LESSEE AND THE STATE AGREE 09 TO A NEW NAME BEFORE MARCH 31, 2002.] 10 * Sec. 24. AS 35.40.210(b) is amended to read: 11 (b) The department [DEPARTMENT OF TRANSPORTATION AND 12 PUBLIC FACILITIES] shall erect and maintain appropriate signs facing the 13 oncoming traffic in both directions entering the highway at Fairbanks, Delta Junction, 14 Tok Junction, the Alaska border, and at points approximately halfway between those 15 locations designating the highways described in (a) of this section as the Purple Heart 16 Trail. Each sign must 17 (1) display a replica of the Purple Heart Medal; 18 (2) contain the following statement: "Purple Heart Trail." 19 * Sec. 25. AS 35.40.210(c) is amended to read: 20 (c) At not fewer than three pullouts along the Purple Heart Trail, selected by 21 the commissioner [OF TRANSPORTATION AND PUBLIC FACILITIES], the 22 department [DEPARTMENT OF TRANSPORTATION AND PUBLIC 23 FACILITIES] shall erect informational displays including 24 (1) a replica of the Purple Heart Medal; 25 (2) the following statement: "Purple Heart Trail"; 26 (3) information pertinent to the Purple Heart Medal and Purple Heart 27 Trail and their history. 28 * Sec. 26. AS 35.40.210(d) is amended to read: 29 (d) The department [DEPARTMENT OF TRANSPORTATION AND 30 PUBLIC FACILITIES] shall determine the appropriate size for the signs to be erected 31 under (b) of this section and informational displays described in (c) of this section.
01 * Sec. 27. AS 35.95.100 is amended by adding a new paragraph to read: 02 (10) "commissioner" means the commissioner of transportation and 03 public facilities. 04 * Sec. 28. AS 44.62.175(a) is amended to read: 05 (a) The lieutenant governor shall develop and supervise the Alaska Online 06 Public Notice System, to be maintained on the state's site on the Internet. The 07 lieutenant governor shall prescribe the form of notices posted on the system by state 08 agencies. The Alaska Online Public Notice System must include 09 (1) notices of proposed actions given under AS 44.62.190(a); 10 (2) notices of state agency meetings required under AS 44.62.310(e), 11 even if the meeting has been held; 12 (3) notices of solicitations to bid issued under AS 36.30.130; 13 (4) notices of state agency requests for proposals issued under 14 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and 15 AS 43.40.010; 16 (5) executive orders and administrative orders issued by the governor; 17 (6) written delegations of authority made by the governor or the head 18 of a principal department under AS 44.17.010; 19 (7) the text or a summary of the text of a regulation or order of repeal 20 of a regulation for which notice is given under AS 44.62.190(a), including an 21 emergency regulation or repeal regardless of whether it has taken effect; 22 (8) notices required by AS 44.62.245(b) regarding an amended version 23 of a document or other material incorporated by reference in a regulation; 24 (9) a summary of the text of recently issued published [FORMAL] 25 opinions [AND MEMORANDA OF ADVICE] of the attorney general; 26 (10) a list of vacancies on boards, commissions, and other bodies 27 whose members are appointed by the governor; 28 (11) in accordance with AS 39.52.240(h), advisory opinions of the 29 attorney general; and 30 (12) notices required by AS 26.30.010(d) and (e) regarding 31 applications for military facility zones.
01 * Sec. 29. AS 44.88.070 is amended to read: 02 Sec. 44.88.070. Purpose of the authority. The purpose of the authority is to 03 promote, develop, and advance the general prosperity and economic welfare of the 04 people of Alaska, to relieve problems of unemployment, and to create additional 05 employment by 06 (1) providing various means of financing and means of facilitating the 07 financing, in cooperation with federal, state, and private institutions, of industrial, 08 manufacturing, energy, export, small business, and business enterprises and the other 09 facilities referred to in AS 44.88.010(a) in the state; 10 (2) owning and operating the enterprises and other facilities described 11 in AS 44.88.172; 12 (3) fostering the expansion of exports of Alaska goods, services, and 13 raw materials; 14 (4) cooperating and acting in conjunction with other organizations, 15 public and private, the objects of which are the promotion and advancement of export 16 trade activities in the state; 17 (5) establishing a source of funding credit guarantees and insurance, 18 not otherwise available, to support export development; 19 (6) providing and cooperating or participating with federal, state, and 20 private institutions to provide actual and potential Alaska exporters, particularly small- 21 and medium-sized exporters, with financial assistance in support of export 22 transactions. 23 * Sec. 30. AS 47.12.310(a) is amended to read: 24 (a) Except as specified in AS 47.12.315, 47.12.320, and (b) - (g) and (i) of 25 this section, all information and social records pertaining to a minor who is subject to 26 this chapter or AS 47.17 prepared by or in the possession of a federal, state, or 27 municipal agency or employee in the discharge of the agency's or employee's official 28 duty, including driver's license actions under AS 28.15.185, are privileged and may 29 not be disclosed directly or indirectly to anyone without a court order. 30 * Sec. 31. AS 35.27.030(2) is repealed. 31 * Sec. 32. This Act takes effect immediately under AS 01.10.070(c).