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HB 77 am: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date."

00 HOUSE BILL NO. 77 am 01 "An Act making corrective amendments to the Alaska Statutes as recommended by the 02 revisor of statutes; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 06.55.802 is amended to read: 05 Sec. 06.55.802. Exclusions. This chapter does not apply to 06 (1) the United States or a department, an agency, or an instrumentality 07 of the United States; 08 (2) money transmission by the United States Postal Service or by a 09 contractor on behalf of the United States Postal Service; 10 (3) a state, a municipality, a county, or another governmental agency 11 or governmental subdivision of a state; 12 (4) a bank, a bank holding company, an office of an international 13 banking corporation, a branch of a foreign bank, a corporation organized under 12 14 U.S.C. 1861 - 1867 (Bank Service Company Act), or a corporation organized under 12

01 U.S.C. 611 - 633 (Edge Act) under the laws of a state or the United States, if it does 02 not issue, sell, or provide payment instruments or stored value through an authorized 03 delegate who is not a bank, a bank holding company, an office of an international 04 banking corporation, a branch of a foreign bank, a corporation organized under 12 05 U.S.C. 1861 - 1867 (Bank Service Company Act), or a corporation organized under 12 06 U.S.C. 611 - 633 (Edge Act) under the laws of a state or the United States; 07 (5) electronic funds transfer of governmental benefits for a federal, 08 state, or municipal agency or a state political subdivision by a contractor on behalf of 09 (A) the United States or a department, an agency, or an 10 instrumentality of the United States; or 11 (B) a state, or a department, an agency, or an instrumentality of 12 a state; 13 (6) a board of trade or a person who, in the ordinary course of 14 business, provides clearance and settlement services for a board of trade, to the extent 15 of the operation of the person for a board of trade; in this paragraph, "board of trade" 16 means a board of trade designated as a contract market under 7 U.S.C. 1 - 27f 17 (Commodity Exchange Act); 18 (7) a registered futures commission merchant under the federal 19 commodities laws, to the extent of the merchant's operation as a registered futures 20 commission merchant under the federal commodities laws; 21 (8) a person who provides clearance or settlement services under a 22 registration as a clearing agency or an exemption from the registration granted under 23 the federal securities laws, to the extent of the person's operation as a provider of 24 clearance or settlement services under a registration as a clearing agency or an 25 exemption from the registration granted under the federal securities laws; 26 (9) an operator of a payment system to the extent that the operator 27 provides processing, clearing, or settlement services, between or among persons 28 excluded by this section, in connection with wire transfers, credit card transactions, 29 debit card transactions, stored-value transactions, automated clearinghouse 30 [CLEARING HOUSE] transfers, or similar funds transfers; or 31 (10) a person registered as a securities broker-dealer under federal or

01 state securities laws, to the extent of the person's operation as a securities broker- 02 dealer under federal or state securities laws. 03 * Sec. 2. AS 09.10.075 is amended to read: 04 Sec. 09.10.075. Actions related to claims based on medical assistance 05 payment fraud. Except as provided in AS 09.58.070, a person may not bring an 06 action under AS 09.58.010 - 09.58.025 [AS 09.58.010 - 09.58.060] unless the action is 07 commenced by (1) six years after the act or omission was committed, or (2) three 08 years after the date when facts material to the action were known, or reasonably 09 should have been known, by the attorney general or the Department of Health and 10 Social Services, whichever is later, but in no event more than 10 years after the date 11 the violation under AS 09.58.010 occurred. 12 * Sec. 3. AS 09.58.015(b) is amended to read: 13 (b) The attorney general may bring a civil action in superior court under 14 AS 09.58.010 - 09.58.025 [AS 09.58.010 - 09.58.060]. 15 * Sec. 4. AS 09.58.025, as amended by sec. 19, ch. 25, SLA 2016, is amended to read: 16 Sec. 09.58.025. Subpoenas. In conducting an investigation under 17 AS 09.58.015, the attorney general may issue subpoenas to compel the production of 18 books, papers, correspondence, memoranda, and other records in connection with an 19 investigation under or the administration of AS 09.58.010 - 09.58.025 [AS 09.58.010 - 20 09.58.060]. If a medical assistance provider or a medical assistance recipient fails or 21 refuses, without just cause, to obey a subpoena issued under this section, the superior 22 court may, upon application by the attorney general, issue an order requiring the 23 medical assistance provider or medical assistance recipient to appear before the 24 attorney general to produce evidence. 25 * Sec. 5. AS 09.58.090(b) is amended to read: 26 (b) No punitive damages may be awarded in an action brought under 27 AS 09.58.010 - 09.58.025 [AS 09.58.010 - 09.58.060]. 28 * Sec. 6. AS 13.16.025 is amended to read: 29 Sec. 13.16.025. Proceedings affecting devolution and administration; 30 jurisdiction of subject matter. Persons interested in decedents' estates may apply to 31 the registrar for determination in the informal proceedings provided in this chapter,

01 and may petition the court for orders in formal proceedings within the court's 02 jurisdiction [,] including [BUT NOT LIMITED TO] those described in this chapter. 03 The court has exclusive jurisdiction of formal proceedings to determine how 04 decedents' estates subject to the laws of this state are to be administered, expended, 05 and distributed. The court has concurrent jurisdiction of any other action or proceeding 06 concerning a succession or to which an estate, through a personal representative, may 07 be a party, including actions to determine title to property alleged to belong to the 08 estate, and of any action or proceeding in which property distributed by a personal 09 representative or its value is sought to be subjected to rights of creditors or successors 10 of the decedent. 11 * Sec. 7. AS 14.03.120(f) is amended to read: 12 (f) By January 15 of each year, [BEGINNING IN 2001,] the department shall 13 provide to the governor and make available to the public and the legislature a report on 14 the performance of public schools in this state. The report must be entitled "Alaska's 15 Public Schools: A Report Card to the Public." The report must include 16 (1) comprehensive information on each public school compiled, 17 collected, and reported under (d) and (e) of this section for the prior school year; 18 (2) a summary of the information described in (1) of this subsection; 19 the summary must be prepared in a manner that allows school performance to be 20 measured against established state education standards; and 21 (3) [FOR A REPORT DUE BY OR AFTER JANUARY 15, 2005,] the 22 most recent performance designation under AS 14.03.123 received by each public 23 school and by the state public school system. 24 * Sec. 8. AS 14.08.051(a) is amended to read: 25 (a) The commissioner in consultation with the Department of Commerce, 26 Community, and Economic Development and the local communities may divide a 27 regional educational attendance area into sections only for the purpose of nominating 28 and electing regional school board members. If the voters in a regional educational 29 attendance area favor election of regional school board members by sections under (b) 30 of this section, the commissioner in consultation with the Department of Commerce, 31 Community, and Economic Development and the local communities shall divide the

01 regional educational attendance area into sections for the purpose of nominating and 02 electing regional school board members. If a regional educational attendance area is 03 divided into sections each school board member shall represent, as nearly as 04 practicable, an equal number of persons. The basis for the division of a regional 05 educational attendance area into sections shall be the total population of the area as 06 reported in the most recent decennial federal census. If the census is five years old or 07 older, then other reliable population data, including [BUT NOT LIMITED TO] 08 population estimates based on public school enrollments, public utility connections, 09 registered voters, or certified employment payrolls, shall be used as the basis for the 10 division of the area into sections. Each section within a regional educational 11 attendance area shall consist of compact, contiguous territory and, as far as 12 practicable, each section shall contain an integrated socio-economic, linguistically and 13 culturally homogeneous area. In the division of the regional school and attendance 14 area into sections, consideration shall be given to the transportation and 15 communication network to facilitate the administration of education and 16 communication between communities that comprise the area. Whenever possible, 17 municipalities, other governmental or regional corporate entities, drainage basins, and 18 other identifiable geographic features shall be used in describing the boundaries of the 19 sections. 20 * Sec. 9. AS 14.08.101 is amended to read: 21 Sec. 14.08.101. Powers. A regional school board may 22 (1) sue and be sued; 23 (2) contract with the department, the Bureau of Indian Affairs, or any 24 other school district, agency, or regional board for the provision of services, facilities, 25 supplies, or utilities; 26 (3) determine its own fiscal procedures, including [BUT NOT 27 LIMITED TO] policies and procedures for the purchase of supplies and equipment; 28 the regional school boards are exempt from AS 37.05 (Fiscal Procedures Act) and 29 AS 36.30 (State Procurement Code); 30 (4) appoint, compensate, and otherwise control all school employees in 31 accordance with this title; these employees are not subject to AS 39.25 (State

01 Personnel Act); 02 (5) adopt regulations governing organization, policies, and procedures 03 for the operation of the schools; 04 (6) establish, maintain, operate, discontinue, and combine schools 05 subject to the approval of the commissioner; 06 (7) recommend to the department projects for construction, 07 rehabilitation, and improvement of schools and education-related facilities as specified 08 in AS 14.11.011(b), and plan, design, and construct the project when the responsibility 09 for it is assumed under AS 14.11.020; 10 (8) by resolution adopted by a majority of all the members of the board 11 and provided to the commissioner of the department, assume ownership of all land and 12 buildings used in relation to the schools in the regional educational attendance area, as 13 provided for in AS 14.08.151(b); 14 (9) provide housing for rental to teachers, by leasing existing housing 15 from a local agency or individual, by entering into contractual arrangements with a 16 local agency or individual to lease housing that will be constructed by the local agency 17 or individual for that purpose, or, without using for the purpose that portion of public 18 school funding that consists of state aid provided under AS 14.17, by constructing or 19 otherwise acquiring housing that is owned and managed by the regional educational 20 attendance area for rental to teachers; 21 (10) employ a chief school administrator; 22 (11) apply for and use the proceeds of a loan from the Alaska energy 23 efficiency revolving loan fund (AS 18.56.855); 24 (12) exercise those other functions that may be necessary for the 25 proper performance of its responsibilities. 26 * Sec. 10. AS 14.11.100(e) is amended to read: 27 (e) The commissioner shall annually prepare a report on allocations of state 28 aid made under this section, including [BUT NOT LIMITED TO] the amount of state 29 aid paid on a per capita and per student basis and the resultant effect on the rate of 30 levy of taxes by the municipality for educational purposes. The commissioner shall 31 notify the legislature that the report is available.

01 * Sec. 11. AS 14.12.150(a) is amended to read: 02 (a) The districts of the state public school system may join together to 03 establish regional resource centers to provide services, including [BUT NOT 04 LIMITED TO] the following: accounting, payroll, and other fiscal; media; 05 instructional support; bilingual-bicultural educational; in-service and staff 06 development; student; diagnostic; school management; and school board member 07 training. 08 * Sec. 12. AS 14.12.160(b) is amended to read: 09 (b) To qualify for a grant under (a) of this section, a regional resource center 10 board shall 11 (1) be organized under the provisions of AS 14.12.150; 12 (2) adopt bylaws for its operation; 13 (3) provide the department with a plan of operation including [BUT 14 NOT LIMITED TO] the following elements: 15 (A) the bylaws adopted for its operation; 16 (B) a list of participating districts, number of students and 17 professional staff to be served; 18 (C) a schedule of funds available from federal, state, local, and 19 private sources; 20 (D) a description of the services and programs to be offered; 21 (E) a description of the method by which these services and 22 programs will be evaluated; 23 (F) other information that may be required by the department 24 by regulation; 25 (4) comply with applicable regulations adopted by the department. 26 * Sec. 13. AS 14.14.090, as amended by sec. 14, ch. 54, SLA 2016, is amended to read: 27 Sec. 14.14.090. Duties of school boards. In addition to other duties, a school 28 board shall 29 (1) determine and disburse the total amount to be made available for 30 compensation of all school employees and administrative officers; 31 (2) provide for, during the school term of each year, an educational

01 program for each school age child who is enrolled in or a resident of the district; 02 (3) withhold the salary for the last month of service of a teacher or 03 administrator until the teacher or administrator has submitted all summaries, statistics, 04 and reports that the school board may require by bylaws; 05 (4) transmit, when required by the assembly or council but not more 06 often than once a month, a summary report and statement of money expended; 07 (5) keep the minutes of meetings and a record of all proceedings of the 08 school board in a pertinent form; 09 (6) keep the records and files of the school board open to inspection by 10 the public at the principal administrative office of the district during reasonable 11 business hours; 12 (7) establish procedures for the review and selection of all textbooks 13 and instructional materials, including textbooks and curriculum materials for statewide 14 correspondence programs, before they are introduced into the school curriculum; the 15 review includes a review for violations of AS 14.18.060; nothing in this paragraph 16 precludes a correspondence study student, or the parent or guardian of a 17 correspondence study student, from privately obtaining or using textbooks or 18 curriculum material not provided by the school district; 19 (8) provide prospective employees with information relating to the 20 availability and cost of housing in rural areas to which they might be assigned, and, 21 when possible, assist them in locating housing; however, nothing in this paragraph 22 requires a school district to provide teacher housing, whether district owned, leased, 23 rented, or through other means, nor does it require a school board to engage in a 24 subsidy program of any kind regarding teacher housing; 25 (9) train persons required to report under AS 47.17.020, in the 26 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; 27 (10) provide for the development and implementation of a preventive 28 [PREVENTATIVE] maintenance program for school facilities; in this paragraph, 29 "preventive [PREVENTATIVE] maintenance" means scheduled maintenance actions 30 that prevent the premature failure or extend the useful life of a facility, or a facility's 31 systems and components, and that are cost-effective on a life-cycle basis;

01 (11) establish procedures for providing the training under 02 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 03 AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this 04 paragraph must include a training schedule that ensures that not less than 50 percent of 05 the total certificated staff employed by the district receives all of the training not less 06 than every two years and that all of the certificated staff employed by the district 07 receive all of the training not less than every four years. 08 * Sec. 14. AS 14.18.020 is amended to read: 09 Sec. 14.18.020. Discrimination in employment prohibited. The board, the 10 Board of Regents, and each school board in the state shall 11 (1) allow no difference in conditions of employment, including [BUT 12 NOT LIMITED TO] hiring practices, credential requirements, leaves of absence, 13 hours of employment, pay, employee benefits, and assignment of instructional and 14 noninstructional duties based on [THE BASIS OF] sex or race; and 15 (2) provide the same opportunities for advancement to males and 16 females. 17 * Sec. 15. AS 14.20.450 is amended to read: 18 Sec. 14.20.450. Responsibilities of commission. The commission shall have 19 the initial responsibility of developing, through the teaching profession, criteria of 20 professional practices in areas including [, BUT NOT LIMITED TO]: 21 (1) ethical and professional performance; 22 (2) preparation for and continuance in professional services; and 23 (3) contractual obligations. 24 * Sec. 16. AS 22.15.100 is amended to read: 25 Sec. 22.15.100. Functions and powers of district judge and magistrate. 26 Each district judge and magistrate has the power 27 (1) to issue writs of habeas corpus for the purpose of inquiring into the 28 cause of restraint of liberty, returnable before a judge of the superior court, and the 29 same proceedings shall be had on the writ as if it had been granted by the superior 30 court judge under the laws of the state in those [SUCH] cases; 31 (2) of a notary public;

01 (3) to solemnize marriages; 02 (4) to issue warrants of arrest, summons, and search warrants 03 according to manner and procedure prescribed by law and the supreme court; 04 (5) to act as an examining judge or magistrate in preliminary 05 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 06 release of defendants under bail; 07 (6) to act as a referee in matters and actions referred to the judge or 08 magistrate by the superior court, with all powers conferred upon referees by laws; 09 (7) of the superior court in all respects including [BUT NOT 10 LIMITED TO] contempts, attendance of witnesses, and bench warrants; 11 (8) to order the temporary detention of a minor, or take other action 12 authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, 13 when the minor is in a condition or surrounding dangerous or injurious to the welfare 14 of the minor or others that requires immediate action; the action may be continued in 15 effect until reviewed by the superior court in accordance with rules of procedure 16 governing these cases; 17 (9) to issue a protective order in cases involving 18 (A) domestic violence as provided in AS 18.66.100 - 19 18.66.180; or 20 (B) stalking or sexual assault as provided in AS 18.65.850 - 21 18.65.870; 22 (10) to review an administrative revocation of a person's driver's 23 license or nonresident privilege to drive, and an administrative refusal to issue an 24 original license, when designated as a hearing officer by the commissioner of 25 administration and with the consent of the administrative director of the Alaska Court 26 System; 27 (11) to establish the fact of death or inquire into the death of a person 28 in the manner prescribed under AS 09.55.020 - 09.55.069; 29 (12) to issue an ex parte testing, examination, or screening order 30 according to the manner and procedure prescribed by AS 18.15.375. 31 * Sec. 17. AS 23.05.140(a) is amended to read:

01 (a) An employee and employer may agree in an annual initial contract of 02 employment to monthly pay periods when the employer shall pay the employee [ALL 03 EMPLOYEES] for all labor performed or services rendered. Otherwise, the employer 04 shall establish monthly or semi-monthly pay periods, at the election of the employee. 05 * Sec. 18. AS 23.10.045(a) is amended to read: 06 (a) If an employer agrees with an employee to make payments to a fund for 07 the benefit of the employees, including [BUT NOT LIMITED TO] a fund for medical, 08 health, hospital, welfare, and pension benefits or any of them, or has entered into a 09 collective bargaining agreement providing for these payments, the employer may not 10 without just cause fail to make the payments required by the terms of the agreement. 11 * Sec. 19. AS 23.20.520(21) is amended to read: 12 (21) "vocational training or retraining course" means a course of 13 vocational or technical training or retraining in schools or classes, including [, BUT 14 NOT LIMITED TO,] field or laboratory work and related remedial or academic 15 instruction, which is conducted as a program designed to prepare individuals for 16 employment in trades, skills, or crafts; the term "vocational training or retraining 17 course" does not include a program of instruction for an individual, including a 18 transfer credit program of instruction given at a community college, which is intended 19 as credit for a degree from an institution of higher education; 20 * Sec. 20. AS 23.20.530(a) is amended to read: 21 (a) In this chapter, "wages" means all remuneration for service from whatever 22 source, including [, BUT NOT LIMITED TO,] insured work, noninsured work, or 23 self-employment; commissions, bonuses, back pay, and the cash value of all 24 remuneration in a medium other than cash shall be treated as wages; gratuities 25 customarily received by an individual in the course of service from persons other than 26 the individual's employing unit may be treated as wages received from the employing 27 unit only to the extent the individual reports the gratuities to the employing unit. The 28 reasonable cash value of remuneration in a medium other than cash, and the 29 reasonable amount of gratuities, shall be estimated and determined in accordance with 30 regulations adopted by the department; notwithstanding AS 23.20.350(a), back pay 31 awards shall be allocated to the weeks or quarters with respect to which the pay was

01 earned. If the remuneration of an individual is not based on [UPON] a fixed period of 02 time or if the individual's wages are paid in irregular intervals or in a manner that does 03 not extend regularly over the period of employment, the wages shall be allocated to 04 weeks or quarters in accordance with regulations adopted by the department. The 05 regulations must, so far as possible, produce results reasonably similar to those that 06 would prevail if the individual's wages were paid at regular intervals. When an 07 employer has filed for bankruptcy, unpaid wages earned for services performed for the 08 employer are considered wages for the quarter in which they were earned. 09 * Sec. 21. AS 23.30.005(l) is amended to read: 10 (l) Regulations adopted by the department under (h) and (i) of this section 11 become effective only after approval [APPROVED] by a majority of the full board. 12 * Sec. 22. AS 23.30.007(n) is amended to read: 13 (n) Each member of the commission, before entering upon the duties of office, 14 shall take and subscribe to the oath prescribed for principal officers of the state. A 15 member of the commission, during tenure, may not 16 (1) hold or campaign for elective office; 17 (2) be an officer of a political party, political committee, or group; 18 (3) permit the member's name to be used, or make any contributions 19 whatsoever, in support of or in opposition to a candidate or proposition or question 20 that appears on any ballot in the state including [BUT NOT LIMITED TO] that of a 21 municipality; however, contributions may be made to a candidate for the office of 22 President of the United States; 23 (4) participate in any way in an election campaign or participate in or 24 contribute to any political party; or 25 (5) lobby, employ, or assist a lobbyist. 26 * Sec. 23. AS 23.40.225 is amended to read: 27 Sec. 23.40.225. Exemption based on religious convictions. Notwithstanding 28 the provisions of AS 23.40.220, a collective bargaining settlement reached, or 29 agreement entered into, under AS 23.40.210 that incorporates union security 30 provisions, including [BUT NOT LIMITED TO] a union shop or agency shop 31 provision or agreement, shall safeguard the rights of nonassociation of employees

01 having bona fide religious convictions based on tenets or teachings of a church or 02 religious body of which an employee is a member. Upon submission of proper proof 03 of religious conviction to the labor relations agency, the agency shall declare the 04 employee exempt from becoming a member of a labor organization or employee 05 association. The employee shall pay an amount of money equivalent to regular union 06 or association dues, initiation fees, and assessments to the union or association. 07 Nonpayment of this money subjects the employee to the same penalty as if it were 08 nonpayment of dues. The receiving union or association shall contribute an equivalent 09 amount of money to a charity of its choice not affiliated with a religious, labor, or 10 employee organization. The union or association shall submit proof of contribution to 11 the labor relations agency. 12 * Sec. 24. AS 29.03.020 is amended to read: 13 Sec. 29.03.020. Service areas. Allowing for maximum local participation, the 14 legislature may establish, alter, or abolish service areas within the unorganized 15 borough to provide special services, that may include [BUT ARE NOT LIMITED TO] 16 schools, utilities, land use regulations, and fire protection. A new service area may not 17 be established if the new service can be provided by an existing service area, by 18 incorporation as a city, or by annexation to a city. 19 * Sec. 25. AS 29.40.170 is amended to read: 20 Sec. 29.40.170. Delegations. The planning commission and the platting 21 authority may, as authorized by ordinance, delegate powers to hear and decide cases 22 under this chapter, including [, BUT NOT LIMITED TO,] delegations to 23 (1) one or more members of the planning commission or platting 24 authority; 25 (2) other boards or commissions; 26 (3) a hearing officer designated by the planning commission or platting 27 authority. 28 * Sec. 26. AS 29.45.050(c) is amended to read: 29 (c) The provisions of (a) of this section notwithstanding, 30 (1) a borough may, by ordinance, adjust its property tax structure in 31 whole or in part to the property tax structure of a city in the borough, including

01 adjustments [BUT NOT LIMITED TO,] excluding personal property from taxation, 02 establishing exemptions, and extending the redemption period; 03 (2) a home rule or first class city has the same power to grant 04 exemptions or exclude property from borough taxes that it has as to city taxes if 05 (A) the exemptions or exclusions have been adopted as to city 06 taxes; and 07 (B) the city appropriates to the borough sufficient money to 08 equal revenue [REVENUES] lost by the borough because of the exemptions 09 or exclusions, the amount to be determined annually by the assembly; 10 (3) a city in a borough may, by ordinance, adjust its property tax 11 structure in whole or in part to the property tax structure of the borough, including 12 [BUT NOT LIMITED TO] exempting or partially exempting property from taxation. 13 * Sec. 27. AS 29.60.450(f)(4) is amended to read: 14 (4) "fisheries business activity" means activity related to 15 (A) fishing, including [BUT NOT LIMITED TO] the catching 16 and sale of fisheries resources; 17 (B) vessel moorage and vessel and gear maintenance; 18 (C) preparing fisheries resources for transportation; and 19 (D) processing fisheries resources for sale by freezing, icing, 20 cooking, salting, or other method and includes [BUT IS NOT LIMITED TO] 21 canneries, cold storages, freezer ships, and processing plants; 22 * Sec. 28. AS 29.60.850(d) is amended to read: 23 (d) Notwithstanding the guidelines in (b) of this section, the legislature may 24 appropriate any amount to the community assistance [REVENUE SHARING] fund. 25 Nothing in this section creates a dedicated fund. 26 * Sec. 29. AS 37.06.020(k) is amended to read: 27 (k) Before the department may pay a draw under this section to an entity, the 28 department shall have evidence acceptable to the department that the entity 29 (1) has a preventive maintenance plan that 30 (A) includes a computerized maintenance management 31 program, cardex system, or other formal systematic means of tracking the

01 timing and costs associated with planned and completed maintenance 02 activities, including scheduled preventive [PREVENTATIVE] maintenance; 03 (B) addresses energy management for public buildings owned 04 or operated by the entity; 05 (C) includes a regular custodial care program for public 06 buildings owned or operated by the entity; 07 (D) includes preventive maintenance training for managers of 08 public facilities owned or operated by the entity and maintenance employees; 09 (E) includes renewal and replacement schedules for electrical, 10 mechanical, structural, and other components of public facilities owned or 11 operated by the entity; and 12 (2) is adequately adhering to the preventive maintenance plan. 13 * Sec. 30. AS 45.29.601(g) is amended to read: 14 (g) Except as otherwise provided in AS 45.29.607(c), AS 45.29.601 - 15 45.29.628 impose [45.29.601 - 45.29.628 IMPOSES] no duties on a secured party that 16 is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or 17 promissory notes. 18 * Sec. 31. AS 45.29.613 is amended to read: 19 Sec. 45.29.613. General notification before disposition of collateral. Except 20 in a consumer goods transaction, the following rules apply: 21 (1) the contents of a notification of disposition are sufficient if the 22 notification 23 (A) describes the debtor and the secured party; 24 (B) describes the collateral that is the subject of the intended 25 disposition; 26 (C) states the method of intended disposition; 27 (D) states that the debtor is entitled to an accounting of the 28 unpaid indebtedness and states the charge, if any, for an accounting; and 29 (E) states the time and place of a public disposition or the time 30 after which any other disposition is to be made; 31 (2) whether the contents of a notification that lacks any of the

01 information specified in (1) of this section are nevertheless sufficient is a question of 02 fact; 03 (3) the contents of a notification providing substantially the 04 information specified in (1) of this section are sufficient even if the notification 05 includes 06 (A) information not specified by that paragraph; or 07 (B) minor errors that are not seriously misleading; 08 (4) a particular phrasing of the notification is not required; 09 (5) the following form of notification and the form appearing in 10 AS 45.29.614(3), when completed, each provide [PROVIDES] sufficient information: 11 NOTIFICATION OF DISPOSITION OF COLLATERAL 12 To: (Name of debtor, obligor, or other person to which the 13 notification is sent) 14 From: (Name, address, and telephone number of secured party) 15 Name of Debtor(s): (Include only if debtor(s) are not an 16 addressee) 17 (For a public disposition:) 18 We will sell (or lease or license, as applicable) the (describe 19 collateral) (to the highest qualified bidder) in public as 20 follows: 21 Day and Date: __________________ 22 Time: __________________ 23 Place: __________________ 24 (For a private disposition:) 25 We will sell (or lease or license, as applicable) the (describe 26 collateral) privately sometime after (day and date) . 27 You are entitled to an accounting of the unpaid indebtedness 28 secured by the property that we intend to sell (or lease or 29 license, as applicable) (for a charge of $ _______). You may 30 request an accounting by calling us at (telephone number) . 31 * Sec. 32. AS 45.30.011(a) is amended to read:

01 (a) After August 27, 1980, a new mobile home sold by a mobile home dealer 02 to a buyer is subject to a mobile home warranty. A mobile home warranty shall be set 03 out in a separate written document entitled "Mobile Home Warranty" which shall be 04 delivered to the buyer by the mobile home dealer at the time a contract of sale is 05 signed. The warranty must [SHALL] contain the name, address, and telephone 06 number of the mobile home manufacturer and the mobile home dealer and must 07 [SHALL] include at least the following provisions: 08 (1) the mobile home is free from any substantial defects in materials 09 and workmanship; 10 (2) the manufacturer or dealer, or both, shall take appropriate action at 11 the site of the mobile home to correct substantial defects in materials or workmanship 12 that [WHICH] become evident within one year of the date of delivery of the mobile 13 home to the buyer if the buyer, or a transferee of the buyer, gives written notice of the 14 defect by registered or certified mail addressed to the business address of the 15 manufacturer or dealer on a date that [WHICH] is not more than one year and 10 16 [TEN] days after date of delivery of the mobile home; 17 (3) the manufacturer and the dealer are jointly and severally liable to 18 the buyer, or a transferee of the buyer, for the fulfillment of the terms of warranty, and 19 the buyer may notify the manufacturer or the dealer, or both, in the event action is 20 required to correct substantial defects in materials or workmanship; 21 (4) the warranty is applicable to the mobile home structure, its 22 plumbing, heating, and electrical systems, and all appliances and equipment installed 23 or included in the mobile home unit by the manufacturer or dealer; and 24 (5) notwithstanding separate warranties applicable to appliances 25 contained within a mobile home unit issued by the manufacturers of the appliances, 26 primary responsibility for appropriate corrective action under the warranty rests with 27 the manufacturer and the dealer of the mobile home unit, and written notice of defects 28 must be initially reported to them. 29 * Sec. 33. AS 45.30.011(b) is amended to read: 30 (b) The warranty provided under (a) of this section is in addition to, and not in 31 derogation of, all other rights and remedies that [WHICH] a buyer may have under

01 any other law or instrument. 02 * Sec. 34. AS 45.30.011(e) is amended to read: 03 (e) The manufacturer shall compensate a mobile home dealer who incurs 04 expenses as a result of warranty obligations for which the manufacturer is legally 05 responsible or for obligations that [WHICH] the manufacturer imposes upon the 06 dealer. A provision of contract which is contrary to this subsection is void as against 07 public policy. 08 * Sec. 35. AS 45.45.200(b) is amended to read: 09 (b) A shop may not collect or attempt to collect for 10 (1) repairs not authorized either orally or in writing by the customer; 11 (2) repairs that [WHICH] the shop knew or reasonably ought to have 12 known to be unnecessary; or 13 (3) repairs that have not been made. 14 * Sec. 36. AS 45.45.240(3) is amended to read: 15 (3) ["MOTOR VEHICLE REPAIR SHOP" OR] "shop" means an 16 individual, corporation, partnership, or other form of business organization engaged in 17 the motor vehicle repair business and includes owners, officers, directors, agents, 18 employees, and representatives but excludes the following: 19 (A) a shop engaged solely in the business of repairing the 20 motor vehicles of a single commercial, industrial, or governmental 21 establishment, or of two or more of these establishments that are related by 22 common ownership or corporation affiliation; 23 (B) a person repairing the person's own or a family member's 24 motor vehicle; 25 * Sec. 37. AS 45.48.200(a) is amended to read: 26 (a) A consumer who suffers damages as a result of a person's violation of 27 AS 45.48.100 - 45.48.290 may bring an action in court against the person and recover, 28 in the case of a violation where the person acted 29 (1) negligently, actual economic damages, court costs allowed by the 30 rules of court, and full reasonable attorney fees; 31 (2) knowingly,

01 (A) damages as described in (1) of this subsection; 02 (B) punitive damages that are not less than $100 or [NOR] 03 more than $5,000 for each violation as the court determines to be appropriate; 04 and 05 (C) other relief that the court determines to be appropriate. 06 * Sec. 38. AS 45.50.025(b) is amended to read: 07 (b) As a condition of registration, the commissioner may require the applicant 08 to disclaim an unregistrable [UNREGISTERABLE] component of a mark, or an 09 applicant may voluntarily disclaim a component of a mark originally sought to be 10 registered. A disclaimer under this subsection does not prejudice or affect the rights of 11 an applicant or registrant 12 (1) in the disclaimed matter that exist at the time of the disclaimer or 13 that arise later; or 14 (2) to register the disclaimed matter in another application if the 15 disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or 16 services. 17 * Sec. 39. AS 45.50.471(b) is amended to read: 18 (b) The terms "unfair methods of competition" and "unfair or deceptive acts or 19 practices" include [, BUT ARE NOT LIMITED TO,] the following acts: 20 (1) fraudulently conveying or transferring goods or services by 21 representing them to be those of another; 22 (2) falsely representing or designating the geographic origin of goods 23 or services; 24 (3) causing a likelihood of confusion or misunderstanding as to the 25 source, sponsorship, or approval, or another person's affiliation, connection, or 26 association with or certification of goods or services; 27 (4) representing that goods or services have sponsorship, approval, 28 characteristics, ingredients, uses, benefits, or quantities that they do not have or that a 29 person has a sponsorship, approval, status, affiliation, or connection that the person 30 does not have; 31 (5) representing that goods are original or new if they are deteriorated,

01 altered, reconditioned, reclaimed, used, secondhand, or seconds; 02 (6) representing that goods or services are of a particular standard, 03 quality, or grade, or that goods are of a particular style or model, if they are of another; 04 (7) disparaging the goods, services, or business of another by false or 05 misleading representation of fact; 06 (8) advertising goods or services with intent not to sell them as 07 advertised; 08 (9) advertising goods or services with intent not to supply reasonable 09 expectable public demand, unless the advertisement prominently discloses a limitation 10 of quantity; 11 (10) making false or misleading statements of fact concerning the 12 reasons for, existence of, or amounts of price reductions; 13 (11) engaging in any other conduct creating a likelihood of confusion 14 or of misunderstanding and that [WHICH] misleads, deceives, or damages a buyer or 15 a competitor in connection with the sale or advertisement of goods or services; 16 (12) using or employing deception, fraud, false pretense, false promise, 17 misrepresentation, or knowingly concealing, suppressing, or omitting a material fact 18 with intent that others rely upon the concealment, suppression, or omission in 19 connection with the sale or advertisement of goods or services whether or not a person 20 has in fact been misled, deceived or damaged; 21 (13) failing to deliver to the customer at the time of an installment sale 22 of goods or services, a written order, contract, or receipt setting out the name and 23 address of the seller and the name and address of the organization that the seller 24 represents, and all of the terms and conditions of the sale, including a description of 25 the goods or services, which must [SHALL] be stated in readable, clear, and 26 unambiguous language; 27 (14) representing that an agreement confers or involves rights, 28 remedies, or obligations that [WHICH] it does not confer or involve, or that 29 [WHICH] are prohibited by law; 30 (15) knowingly making false or misleading statements concerning the 31 need for parts, replacement, or repair service;

01 (16) misrepresenting the authority of a salesman, representative, or 02 agent to negotiate the final terms of a consumer transaction; 03 (17) basing a charge for repair in whole or in part on a guaranty or 04 warranty rather than on the actual value of the actual repairs made or work to be 05 performed on the item without stating separately the charges for the work and the 06 charge for the guaranty or warranty, if any; 07 (18) disconnecting, turning back, or resetting the odometer of a vehicle 08 to reduce the number of miles indicated; 09 (19) using a chain referral sales plan by inducing or attempting to 10 induce a consumer to enter into a contract by offering a rebate, discount, commission, 11 or other consideration, contingent upon the happening of a future event, on the 12 condition that the consumer either sells, or gives information or assistance for the 13 purpose of leading to a sale by the seller of the same or related goods; 14 (20) selling or offering to sell a right of participation in a chain 15 distributor scheme; 16 (21) selling, falsely representing, or advertising meat, fish, or poultry 17 that [WHICH] has been frozen as fresh food; 18 (22) failing to comply with AS 45.02.350; 19 (23) failing to comply with AS 45.45.130 - 45.45.240; 20 (24) counseling, consulting, or arranging for future services relating to 21 the disposition of a body upon death whereby certain personal property, not including 22 cemetery lots and markers, will be furnished or the professional services of a funeral 23 director or embalmer will be furnished, unless the person receiving money or property 24 deposits the money or property, and money or property is received, within five days of 25 its receipt, in a trust in a financial institution whose deposits are insured by an 26 instrumentality of the federal government designating the institution as the trustee as a 27 separate trust in the name only of the person on whose behalf the arrangements are 28 made with a provision that the money or property may only be applied to the purchase 29 of designated merchandise or services and should the money or property deposited and 30 any accrued interest not be used for the purposes intended on the death of the person 31 on whose behalf the arrangements are made, all money or property in the trust shall

01 become part of that person's estate; upon demand by the person on whose behalf the 02 arrangements are made, all money or property in the trust, including accrued interest, 03 shall be paid to that person; this paragraph does not prohibit the charging of a separate 04 fee for consultation, counseling, or arrangement services if the fee is disclosed to the 05 person making the arrangement; any arrangement under this paragraph that [WHICH] 06 would constitute a contract of insurance under AS 21 is subject to the provisions of 07 AS 21; 08 (25) failing to comply with the terms of AS 45.50.800 - 45.50.850 09 (Alaska Gasoline Products Leasing Act); 10 (26) failing to comply with AS 45.30 relating to mobile home 11 warranties and mobile home parks; 12 (27) failing to comply with AS 14.48.060(b)(13); 13 (28) dealing in hearing aids and failing to comply with AS 08.55; 14 (29) violating AS 45.45.910(a), (b), or (c); 15 (30) failing to comply with AS 45.50.473; 16 (31) violating the provisions of AS 45.45.400; 17 (32) knowingly selling a reproduction of a piece of art or handicraft 18 that was made by a resident of the state unless the reproduction is clearly labeled as a 19 reproduction; in this paragraph, "reproduction" means a copy of an original if the copy 20 is 21 (A) substantially the same as the original; and 22 (B) not made by the person who made the original; 23 (33) violating AS 08.66 (motor vehicle dealers); 24 (34) violating AS 08.66.260 - 08.66.350 (motor vehicle buyers' 25 agents); 26 (35) violating AS 45.63 (solicitations by telephonic means); 27 (36) violating AS 45.68 (charitable solicitations); 28 (37) violating AS 45.50.474 (on board promotions); 29 (38) referring a person to a dentist or a dental practice that has paid or 30 will pay a fee for the referral unless the person making the referral discloses at the 31 time the referral is made that the dentist or dental practice has paid or will pay a fee

01 based on the referral; 02 (39) advertising that a person can receive a referral to a dentist or a 03 dental practice without disclosing in the advertising that the dentist or dental practice 04 to which the person is referred has paid or will pay a fee based on the referral if, in 05 fact, the dentist or dental practice to which the person is referred has paid or will pay a 06 fee based on the referral; 07 (40) violating AS 45.50.477(a) - (c); 08 (41) failing to comply with AS 45.50.475; 09 (42) violating AS 45.35 (lease-purchase agreements); 10 (43) violating AS 45.25.400 - 45.25.590 (motor vehicle dealer 11 practices); 12 (44) violating AS 45.66 (sale of business opportunities); 13 (45) violating AS 08.18.023(b) or 08.18.152; 14 (46) violating AS 45.50.479 (limitations on electronic mail); 15 (47) violating AS 17.06.010 (sale of, or offering to sell, organic food); 16 (48) violating a labeling or advertising provision of AS 17.20 (Alaska 17 Food, Drug, and Cosmetic Act); 18 (49) violating AS 45.45.920 (free trial period); 19 (50) violating AS 45.45.930 (opt-out marketing plans); 20 (51) violating AS 45.45.792 (deceptive acts or practices relating to 21 spyware); 22 (52) violating AS 06.60.340 (mortgage lending regulation); 23 (53) offering a check, through the mail or by other means, to promote 24 goods or services, if the cashing or deposit of the check obligates the endorser or 25 payee identified on the check to pay for goods or services; in this paragraph, 26 "services" does not include the extension of credit or the lending of money; 27 (54) violating AS 45.65.055 (authentic Alaska Native art identification 28 seals); 29 (55) an information collector, other than a governmental agency, 30 violating AS 45.48.010 - 45.48.090 (breach of security involving personal 31 information); in this paragraph,

01 (A) "governmental agency" has the meaning given in 02 AS 45.48.090; 03 (B) "information collector" has the meaning given in 04 AS 45.48.090; 05 (56) violating AS 45.27 (marine products and motorized recreational 06 products); 07 (57) violating AS 45.45.450 - 45.45.459 (rental car fees). 08 * Sec. 40. AS 45.50.561(3) is amended to read: 09 (3) "chain distributor scheme" means a sales device whereby a person, 10 upon condition that the person make an investment, is granted a license or right to 11 solicit or recruit for profit one or more additional persons who are also granted a 12 license or right upon condition of making an investment and may further perpetuate 13 the chain of persons who are granted a license or right upon the condition of 14 investment; a limitation as to the number of persons who may participate, or the 15 presence of additional conditions affecting eligibility for the license or right to solicit 16 or recruit or the receipt of profit from these does not change the identity of the scheme 17 as a chain distributor scheme; as used in this paragraph, "investment" means 18 acquisition, for a consideration other than personal services, of tangible or intangible 19 property, and includes [BUT IS NOT LIMITED TO] franchises, business 20 opportunities and services; "investment" does not include sales demonstration 21 equipment and materials furnished at cost for use in making sales and not for resale; 22 * Sec. 41. AS 45.50.576(a) is amended to read: 23 (a) A person who is injured in business or property by a violation of 24 AS 45.50.562 - 45.50.570, or a person so injured because the person refuses to accede 25 to a proposal for an arrangement that, if consummated, would be a violation of 26 AS 45.50.562 - 45.50.570, may bring a civil action 27 (1) for damages sustained by the person, and, if the judgment is for the 28 plaintiff, the plaintiff shall be awarded three times [THREEFOLD] the amount of 29 damages sustained by the person, plus the costs of the suit, including reasonable 30 attorney fees; and 31 (2) to enjoin the unlawful practice, and, if the judgment is for the

01 plaintiff, the plaintiff may be awarded costs of the suit, including reasonable attorney 02 fees. 03 * Sec. 42. AS 45.50.596(3) is amended to read: 04 (3) "trade" and "commerce" include [BUT ARE NOT LIMITED TO,] 05 trade in goods, merchandise, natural resources, whether or not severed, extracted, 06 harvested, or produced, agricultural products, produce, choses in action, commodities, 07 and any other article of commerce; "trade" and "commerce" [THEY] include trade 08 or business in service trades, transportation, banking, lending, advertising, bonding, 09 and any other business whether or not that business furnishes a personal service. 10 * Sec. 43. AS 45.50.810(c) is amended to read: 11 (c) Except as provided in (d) of this section, a refiner or distributor may not 12 terminate, cancel, or fail to renew a dealer lease without good cause. Good cause 13 includes [SHALL INCLUDE WITHOUT LIMITATION:] 14 (1) the failure of a dealer to comply with the lawful material provisions 15 of a lease between the distributor or refiner and the dealer and to cure each default 16 after being given written notice and a reasonable opportunity to cure the default; 17 (2) an adjudication that the dealer is a bankrupt or insolvent or if the 18 dealer makes an assignment for the benefit of creditors or a similar disposition of 19 assets of franchise business or voluntarily abandons the business or is convicted of or 20 pleads guilty or no contest to a charge of violating any law relating to any business; 21 (3) the good faith business decision of the lessor that the lessor no 22 longer requires a retail outlet at that location for the marketing of gasoline; and 23 (4) the dealer's failure to sign the new agreement if at the time of 24 renewal of the lease the distributor or refiner and the dealer cannot agree upon new 25 terms and the terms offered by the refiner or distributor do not violate any other laws 26 of the state or of the United States and the terms are essentially the same as those 27 offered to other dealers in similar retail outlets and do not discriminate against the 28 subject dealer. 29 * Sec. 44. AS 45.50.810(d) is amended to read: 30 (d) A refiner or distributor may [SHALL BE PERMITTED TO] provide in the 31 lease for its termination without cause during a reasonable trial period, not to exceed

01 one year, if the dealer involved has not already been a dealer of a refiner or distributor 02 for that period of time. 03 * Sec. 45. AS 45.50.840(5) is amended to read: 04 (5) "refiner" means [IS] a company, corporation, or individual who 05 owns or controls, or controls through a substantially owned subsidiary, partnership, or 06 joint venture, a refinery used for the production of gasoline, diesel, or other motor 07 vehicle fuels. 08 * Sec. 46. AS 45.50.930(c) is amended to read: 09 (c) AS 45.50.910 - 45.50.945 do not apply to investigations or actions by the 10 attorney general under AS 45.50.471 - 45.50.561 (Alaska Unfair Trade Practices 11 and Consumer Protection Act) [(UNFAIR TRADE PRACTICES AND 12 CONSUMER PROTECTION)] or under AS 45.50.562 - 45.50.596 (Alaska Restraint 13 of Trade Act) [(RESTRAINT OF TRADE)]. 14 * Sec. 47. AS 45.55.090 is amended to read: 15 Sec. 45.55.090. Registration by coordination. (a) A security for which a 16 registration statement has been filed under the Securities Act of 1933 or any security 17 for which filing has been made under Regulations A and E under [, E, AND F 18 PURSUANT TO] subsection (b) of sec. 3 of the Securities Act of 1933 in connection 19 with the same offering may be registered by coordination. 20 (b) A registration statement under this section must contain the following 21 information and be accompanied by the following documents in addition to the 22 information specified in AS 45.55.110(c) and the consent to service of process 23 required by AS 45.55.980(g): 24 (1) one copy of the latest form of prospectus filed under 15 U.S.C. 77a 25 - 77bbbb (Securities Act of 1933); 26 (2) if the administrator requires, copies of the articles of incorporation 27 and bylaws, or their substantial equivalent, currently in effect; a copy of an agreement 28 with or among underwriters; a copy of an indenture or other instrument governing the 29 issuance of the security to be registered; and a specimen or copy of the security; 30 (3) if the administrator requests, any other information, or copies of 31 any other documents, filed under 15 U.S.C. 77a - 77bbbb (Securities Act of 1933); and

01 (4) an undertaking to forward all future amendments to the federal 02 prospectus, other than an amendment that [WHICH] merely delays the effective date 03 of the registration statement, promptly and in any event not later than the first business 04 day after the day they are forwarded to or filed with the United States Securities and 05 Exchange Commission, whichever first occurs. 06 (c) A registration statement under this section automatically becomes effective 07 at the moment the federal registration statement becomes effective if all the following 08 conditions are satisfied: 09 (1) no stop order is in effect and no proceeding is pending under 10 AS 45.55.120; 11 (2) the registration statement has been on file with the administrator 12 for at least 10 days; and 13 (3) a statement of the maximum and minimum proposed offering 14 prices and the maximum underwriting discounts and commissions has been on file for 15 two full business days or a shorter period that [WHICH] the administrator permits and 16 the offering is made within those limitations. 17 (d) The registrant shall promptly notify the administrator by telephone or 18 telegram of the date and time when the federal registration statement became effective 19 and the content of the price amendment, if any, and shall promptly file a post-effective 20 amendment containing the information and documents in the price amendment. "Price 21 amendment" means the final federal amendment that [WHICH] includes a statement 22 of the offering price, underwriting and selling discounts or commissions, amount of 23 proceeds, conversion rates, call prices, and other matters dependent upon the offering 24 price. Upon failure to receive the required notification and post-effective amendment 25 with respect to the price amendment, the administrator may enter a stop order, without 26 notice or hearing, retroactively denying effectiveness to the registration statement or 27 suspending its effectiveness until compliance with this subsection and 28 [SUBSECTION] (c) of this section if the administrator promptly notifies the registrant 29 by telephone or telegram, and promptly confirms by letter or telegram when the 30 administrator notifies by telephone, of the issuance of the order. If the registrant 31 proves compliance with the requirements of this subsection and [SUBSECTION] (c)

01 of this section as to notice and post-effective amendment, the stop order is void as of 02 the time of its entry. The administrator may by regulation or otherwise waive either or 03 both of the conditions specified in (c)(2) and (3) of this section. If the federal 04 registration statement becomes effective before all the conditions in this subsection 05 and [SUBSECTION] (c) of this section are satisfied and they are not waived, the 06 registration statement automatically becomes effective as soon as all the conditions are 07 satisfied. If the registrant advises the administrator of the date when the federal 08 registration statement is expected to become effective, the administrator shall 09 promptly advise the registrant by telephone or telegram at the registrant's expense [,] 10 whether all the conditions are satisfied and whether the administrator then 11 contemplates the institution of a proceeding under AS 45.55.120; but this advice by 12 the administrator does not preclude the institution of the proceeding at any time. 13 * Sec. 48. AS 45.55.100(b) is amended to read: 14 (b) A registration statement under this section must contain the following 15 information and be accompanied by the following documents in addition to the 16 information specified in AS 45.55.110(c) and the consent to service of process 17 required by AS 45.55.980(g): 18 (1) with respect to the issuer and any significant subsidiary: its name, 19 address, and form of organization; the state or foreign jurisdiction and date of its 20 organization; the general character and location of its business; a description of its 21 physical properties and equipment; and a statement of the general competitive 22 conditions in the industry or business in which it is or will be engaged; 23 (2) with respect to every director and officer of the issuer, or person 24 occupying a similar status or performing similar functions: the person's name, address, 25 and principal occupation for the past five years; the amount of securities of the issuer 26 held by the person as of a specified date within 30 days of the filing of the registration 27 statement; the amount of the securities covered by the registration statement to which 28 the person has indicated an intent to subscribe; and a description of a material interest 29 in a material transaction with the issuer or a significant subsidiary effected within the 30 past three years or proposed to be effected; 31 (3) with respect to persons covered by (2) of this subsection: the

01 remuneration paid during the past 12 months and estimated to be paid during the next 02 12 months, directly or indirectly, by the issuer, together with all predecessors, parents, 03 subsidiaries, and affiliates, to all those persons in the aggregate; 04 (4) with respect to a person owning of record, or beneficiary if known, 05 10 percent or more of the outstanding shares of any class of equity security of the 06 issuer: the information specified in (2) of this subsection other than the person's 07 occupation; 08 (5) with respect to every promoter if the issuer was organized within 09 the past three years: the information specified in (2) of this subsection, an amount paid 10 to the promoter within that period or intended to be paid to the promoter, and the 11 consideration for the payment; 12 (6) with respect to a person on whose behalf a part of the offering is to 13 be made in a nonissuer distribution: the person's name and address; the amount of 14 securities of the issuer held by the person as of the date of the filing of the registration 15 statement; a description of a material interest in a material transaction with the issuer 16 or a significant subsidiary effected within the past three years or proposed to be 17 effected; and a statement of the reasons for making the offering; 18 (7) the capitalization and long-term debt, on both a current and a pro 19 forma basis, of the issuer and a significant subsidiary, including a description of each 20 security outstanding or being registered or otherwise offered, and a statement of the 21 amount and kind of consideration, whether in the form of cash, physical assets, 22 services, patents, good will [GOODWILL], or anything else, for which the issuer or a 23 subsidiary has issued any of its securities within the past two years or is obligated to 24 issue any of its securities; 25 (8) the kind and amount of securities to be offered; the proposed 26 offering price or the method by which it is to be computed; any variation from this at 27 which a proportion of the offering is to be made to a person or class of persons other 28 than the underwriters, with a specification of that person or class; the basis upon which 29 the offering is to be made if otherwise than for cash; the estimated aggregate 30 underwriting and selling discounts or commissions and finders' fees, including 31 separately cash, securities, contracts, or anything else of value to accrue to the

01 underwriters or finders in connection with the offering, or, if the selling discounts or 02 commissions are variable, the basis of determining them and their maximum and 03 minimum amounts; the estimated amounts of other selling expenses, including legal, 04 engineering, and accounting charges; the name and address of every underwriter and 05 every recipient of a finder's fee; a copy of any underwriting or selling-group 06 agreement under which the distribution is to be made, or the proposed form of the 07 agreement whose terms have not yet been determined; and a description of the plan of 08 distribution of any securities which are to be offered other than through an 09 underwriter; 10 (9) the estimated cash proceeds to be received by the issuer from the 11 offering; the purposes for which the proceeds are to be used by the issuer; the amount 12 to be used for each purpose; the order or priority in which the proceeds will be used 13 for the purposes stated; the amounts of any funds to be raised from other sources to 14 achieve the purposes stated; the sources of the funds; and, if a part of the proceeds is 15 to be used to acquire property, including goodwill, other than in the ordinary course of 16 business, the names and addresses of the vendors, the purchase price, the names of 17 persons who have received commissions in connection with the acquisition, and the 18 amounts of the commissions and any other expense in connection with the acquisition, 19 including the cost of borrowing money to finance the acquisition; 20 (10) a description of a stock option or other security options 21 outstanding, or to be created in connection with the offering, together with the amount 22 of the options held or to be held by every person required to be named in (2), (4), (5), 23 (6), or (8) of this subsection and by a person who holds or will hold 10 percent or 24 more in the aggregate of the options; 25 (11) the dates of, parties to, and general effect concisely stated of, 26 every management or other material contract made or to be made otherwise than in the 27 ordinary course of business if it is to be performed in whole or in part at or after the 28 filing of the registration statement or was made within the past two years, together 29 with a copy of every [SUCH] contract; and a description of any pending litigation or 30 proceeding to which the issuer is a party and that [WHICH] materially affects its 31 business or assets, including the litigation or proceeding known to be contemplated by

01 governmental authorities; 02 (12) a copy of a prospectus, pamphlet, circular, form letter, 03 advertisement, or other sales literature intended, as of the effective date, to be used in 04 connection with the offering; 05 (13) a specimen or copy of the security being registered; a copy of the 06 issuer's articles of incorporation and bylaws, or their substantial equivalents, as 07 currently in effect; and a copy of any indenture or other instrument covering the 08 security to be registered; 09 (14) a signed or conformed copy of an opinion of counsel as to the 10 legality of the security being registered, with an English translation if it is in a foreign 11 language, that states whether the security when sold will be legally issued, fully paid, 12 and nonassessable, and, if a debt security, a binding obligation of the issuer; 13 (15) the written consent of an accountant, engineer, appraiser, or other 14 person whose profession gives authority to a statement made by the person, if the 15 person is named as having prepared or certified a report or valuation, other than a 16 public and official document or statement, that is used in connection with the 17 registration statement; 18 (16) a balance sheet of the issuer as of a date within four months 19 before the filing of the registration statement; a profit and loss statement and analysis 20 or surplus for each of the three fiscal years preceding the date of the balance sheet and 21 for any period between the close of the last fiscal year and the date of the balance 22 sheet, or for the period of the issuer's and a predecessor's existence if less than three 23 years; and, if any part of the proceeds of the offering is to be applied to the purchase of 24 a business, the same financial statements that [WHICH] would be required if that 25 business were the registrant; and 26 (17) the additional information that the administrator requires by 27 regulation or order. 28 * Sec. 49. AS 45.55.139 is amended to read: 29 Sec. 45.55.139. Reports of corporations. A copy of all annual reports, 30 proxies, consents or authorizations, proxy statements, and other materials relating to 31 proxy solicitations distributed, published, or made available by any person to at least

01 30 Alaska resident shareholders of a corporation that has total assets exceeding 02 $1,000,000 and a class of equity security held of record by 500 or more persons and 03 that [WHICH] is exempted from the registration requirements of AS 45.55.070 by 04 AS 45.55.138, shall be filed with the administrator concurrently with its distribution to 05 shareholders. 06 * Sec. 50. AS 46.11.020 is amended to read: 07 Sec. 46.11.020. Training of public building maintenance personnel. Persons 08 responsible for the maintenance of public buildings designed with energy conservation 09 or production features shall be trained by the Department of Commerce, 10 Community, and Economic Development [DEPARTMENT] in the use and 11 operation of those features. 12 * Sec. 51. AS 46.11.060(a) is amended to read: 13 (a) A [EACH] state agency shall to the greatest extent practicable recycle 14 reusable materials, including [BUT NOT LIMITED TO,] paper, glass, and cans. 15 * Sec. 52. AS 46.11.060(b) is amended to read: 16 (b) The department [DEPARTMENT OF ENVIRONMENTAL 17 CONSERVATION] shall encourage, through cooperative means, the adoption of all 18 available and practicable methods throughout federal, state, and local governments 19 that recycle, reuse, and conserve materials. 20 * Sec. 53. AS 46.11.070 is amended to read: 21 Sec. 46.11.070. Waste reduction and recycling awards for schools. (a) In 22 consultation with the Department of Education and Early Development, the 23 department [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] shall 24 establish a waste reduction and recycling awards program under which the 25 department [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] may 26 annually, subject to available funding, award grants of up to $2,000 each to public 27 schools in recognition of their efforts and the efforts of their students to reduce and 28 recycle waste generated in the administrative offices, classrooms, laboratories, 29 cafeterias, and maintenance operations of the schools. 30 (b) The department [DEPARTMENT OF ENVIRONMENTAL 31 CONSERVATION] shall, on request, provide technical assistance to schools

01 concerning their opportunities to reduce and recycle wastes. 02 (c) The department [DEPARTMENT OF ENVIRONMENTAL 03 CONSERVATION] shall adopt regulations to implement the awards program. For 04 purposes of evaluating school waste reduction and recycling programs, the department 05 may group schools according to geographical location, student population, distance to 06 recycling markets, or other criteria considered appropriate by the department. 07 (d) The department [DEPARTMENT OF ENVIRONMENTAL 08 CONSERVATION] may accept and use restricted grants of money or other assistance 09 from private persons or groups to fund the awards made under (a) of this section. 10 (e) The department [DEPARTMENT OF ENVIRONMENTAL 11 CONSERVATION] may not use state money to fund awards made under (a) of this 12 section unless an appropriation is made specifically for the purposes of (a) of this 13 section. 14 * Sec. 54. AS 46.11.900(2) is amended to read: 15 (2) "department" means the Department of Environmental 16 Conservation [COMMERCE, COMMUNITY, AND ECONOMIC 17 DEVELOPMENT]; 18 * Sec. 55. AS 46.14.990(24) is amended to read: 19 (24) "small business facility" means a stationary source that 20 (A) is owned or operated by a person who employs 100 or 21 fewer individuals; 22 (B) is a small business concern as defined in 15 U.S.C. 632; 23 and 24 (C) emits less than 100 tons per year [TPY] of regulated air 25 pollutants; 26 * Sec. 56. AS 47.07.900(9) is amended to read: 27 (9) "emotionally disturbed or chronically mentally ill adults" includes 28 [AND "SEVERELY EMOTIONALLY DISTURBED PERSONS UNDER AGE 21" 29 INCLUDE] only persons who receive mental health services from an entity that has a 30 contract to provide community mental health services under AS 47.30.520 - 31 47.30.620;

01 * Sec. 57. AS 47.10.394(b) is amended to read: 02 (b) The provider of a shelter for runaways shall promptly, but within one state 03 working day, inform the department of a runaway minor in the shelter 04 (1) who claims to be the victim of child abuse or neglect [, AS 05 DEFINED IN AS 47.17.290]; 06 (2) whom the provider has reasonable cause to suspect has been a 07 victim of child abuse or neglect; or 08 (3) whom the provider has reason to believe is evading the supervision 09 of the department, the person to whom the department has entrusted supervision, or 10 the minor's legal guardian. 11 * Sec. 58. AS 47.10.394 is amended by adding a new subsection to read: 12 (c) In this section, "child abuse or neglect" has the meaning given in 13 AS 47.17.290. 14 * Sec. 59. AS 47.30.056(g) is amended to read: 15 (g) In (b)(4) of this section, "persons [SENILE PEOPLE] who, as a result of 16 [THEIR] senility, suffer major mental illness" includes persons with the following 17 mental disorders: 18 (1) primary degenerative dementia of the Alzheimer type; 19 (2) multi-infarct dementia; 20 (3) senile dementia; 21 (4) presenile dementia; 22 (5) other severe and persistent mental disorders manifested by 23 behaviors and symptoms similar to those manifested by persons with disorders listed 24 in this subsection. 25 * Sec. 60. AS 46.14.990(28) is repealed. 26 * Sec. 61. Sections 2 - 5 of this Act take effect on the effective date of sec. 19, ch. 25, SLA 27 2016. 28 * Sec. 62. Except as provided in sec. 61 of this Act, this Act takes effect July 1, 2017.