SB 207: "An Act transferring duties among departments in the executive branch of state government; relating to the duties of departments and commissioners in the executive branch; relating to the duties of the Office of the Governor; relating to state boards and commissions; and providing for an effective date."
00 SENATE BILL NO. 207 01 "An Act transferring duties among departments in the executive branch of state 02 government; relating to the duties of departments and commissioners in the executive 03 branch; relating to the duties of the Office of the Governor; relating to state boards and 04 commissions; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 03.09.010(a) is amended to read: 07 (a) There is established in the Department of Revenue [DEPARTMENT] the 08 Board of Agriculture and Conservation composed of members as set out in 09 AS 03.10.050(b). 10 * Sec. 2. AS 03.09.020(a) is amended to read: 11 (a) The commissioner of revenue [DIRECTOR OF THE DIVISION OF THE 12 DEPARTMENT WITH RESPONSIBILITY FOR AGRICULTURE] shall serve as the 13 director of the Board of Agriculture and Conservation. The director may employ staff 14 and, as directed by the board, is responsible for the daily operations of the agricultural
01 revolving loan fund (AS 03.10.040). 02 * Sec. 3. AS 03.09.050 is amended to read: 03 Sec. 03.09.050. Agricultural land. The Board of Agriculture and 04 Conservation may recommend to the commissioner of natural resources that land in 05 the land disposal bank established under AS 38.04.020 be classified as suitable for 06 agriculture. The board may identify state land for agricultural disposal and request the 07 commissioner of natural resources to provide for the survey and disposal of the land. 08 * Sec. 4. AS 03.10.050(g) is amended to read: 09 (g) The board may dispose of property acquired by the agricultural revolving 10 loan fund through foreclosure, default, or other action arising out of agricultural loans 11 or the sale of agricultural land. Disposals shall be conducted under regulations 12 approved by the commissioner of revenue. The regulations must ensure that the 13 property is disposed of so as to maximize the return to the state and must require that 14 the parcels of land that are composed primarily of cropland soils be restricted to 15 agricultural uses and disposed of only to persons who are residents of the state. 16 * Sec. 5. AS 06.01.050(1) is amended to read: 17 (1) "commissioner" means the commissioner of revenue 18 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] or a designee 19 of the commissioner; 20 * Sec. 6. AS 06.01.050(2) is amended to read: 21 (2) "department" means the Department of Revenue [COMMERCE, 22 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 23 * Sec. 7. AS 06.05.473(c) is amended to read: 24 (c) A safe deposit box whose contents have not been removed within 30 days 25 after demand shall be opened. The department shall retain the contents of the box and 26 the other unclaimed property held by the bank as bailee until the conclusion of the 27 liquidation proceedings. At the conclusion of the liquidation proceedings, the property 28 held by the department under this subsection is considered abandoned, and the 29 department shall handle [TURN] the property [OVER TO THE DEPARTMENT OF 30 REVENUE FOR HANDLING] under AS 34.45.110 - 34.45.780. 31 * Sec. 8. AS 06.05.990(7) is amended to read:
01 (7) "commissioner" means the commissioner of revenue 02 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] or a designee 03 of the commissioner; 04 * Sec. 9. AS 06.05.990(9) is amended to read: 05 (9) "department" means the Department of Revenue [COMMERCE, 06 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 07 * Sec. 10. AS 06.10.030 is amended to read: 08 Sec. 06.10.030. Filing statement. Before engaging in this state in any of the 09 activities specified in AS 06.10.020, a foreign bank shall execute and file with the 10 commissioner of revenue [COMMERCE, COMMUNITY, AND ECONOMIC 11 DEVELOPMENT] a statement. The statement shall list its name, state of 12 incorporation or organization and principal place of business and shall appoint 13 irrevocably the commissioner of revenue [COMMERCE, COMMUNITY, AND 14 ECONOMIC DEVELOPMENT] and the commissioner's successors its agents on 15 [UPON] whom may be served process against it in any proceeding or cause of action 16 arising out of its engaging in this state in any of the activities referred to in 17 AS 06.10.020. Until the statement is filed the immunities provided by this chapter do 18 not become operative, but failure to file the statement has no other effect. 19 * Sec. 11. AS 06.15.010 is amended to read: 20 Sec. 06.15.010. Declaration of policy. In providing authority for the 21 establishment of mutual savings banks it is the intent of the legislature to make 22 available the benefits of mutual savings banking, thereby encouraging the practice of 23 thrift and promoting the accumulation of funds for investment to develop the 24 economy. For the accomplishment of these purposes, the legislature intends by this 25 chapter to vest in mutual banks those powers generally possessed by state-chartered 26 mutual savings banks and to grant authority to the Department of Revenue 27 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] to define 28 powers and to adopt regulations designed to enable mutual savings banks to perform 29 their functions and to carry out the above purposes, subject to the provisions of 30 AS 06.05 (Alaska Banking Code) that are not inconsistent with this chapter. 31 * Sec. 12. AS 06.15.370(2) is amended to read:
01 (2) "department" means the Department of Revenue [COMMERCE, 02 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 03 * Sec. 13. AS 06.20.900(1) is amended to read: 04 (1) "commissioner" means the commissioner of revenue 05 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] or a designee 06 of the commissioner; 07 * Sec. 14. AS 06.20.900(2) is amended to read: 08 (2) "department" means the Department of Revenue [COMMERCE, 09 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 10 * Sec. 15. AS 06.26.790(c) is amended to read: 11 (c) A safe deposit box whose contents have not been removed within 30 days 12 after demand shall be opened. The department shall retain the contents of the box and 13 the other unclaimed property held by the trust company as bailee until the conclusion 14 of the liquidation proceedings. At the conclusion of the liquidation proceedings under 15 this section, the property held by the department under this subsection is considered 16 abandoned, and the department shall handle [DELIVER] the property [TO THE 17 DEPARTMENT OF REVENUE] under AS 34.45.110 - 34.45.780. 18 * Sec. 16. AS 06.26.790(j) is amended to read: 19 (j) Unclaimed property remaining after the completion of the liquidation 20 proceedings under this section is presumed abandoned, and the department shall 21 handle the property [SHALL BE DELIVERED TO THE DEPARTMENT OF 22 REVENUE FOR HANDLING] under AS 34.45.110 - 34.45.780. 23 * Sec. 17. AS 06.26.990(5) is amended to read: 24 (5) "commissioner" means the commissioner of revenue 25 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 26 * Sec. 18. AS 06.26.990(7) is amended to read: 27 (7) "department" means the Department of Revenue [COMMERCE, 28 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 29 * Sec. 19. AS 06.35.010(d) is amended to read: 30 (d) The Department of Revenue [COMMERCE, COMMUNITY, AND 31 ECONOMIC DEVELOPMENT] may adopt regulations under AS 44.62
01 (Administrative Procedure Act) to implement this section. 02 * Sec. 20. AS 06.40.190(1) is amended to read: 03 (1) "commissioner" means the commissioner of revenue 04 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] or a designee 05 of the commissioner; 06 * Sec. 21. AS 06.40.190(2) is amended to read: 07 (2) "department" means the Department of Revenue [COMMERCE, 08 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 09 * Sec. 22. AS 06.45.400(1) is amended to read: 10 (1) "commissioner" means the commissioner of revenue 11 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 12 * Sec. 23. AS 06.50.900(5) is amended to read: 13 (5) "department" means the Department of Revenue [COMMERCE, 14 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 15 * Sec. 24. AS 06.55.990(7) is amended to read: 16 (7) "department" means the Department of Revenue [COMMERCE, 17 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 18 * Sec. 25. AS 06.60.990(5) is amended to read: 19 (5) "department" means the Department of Revenue [COMMERCE, 20 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 21 * Sec. 26. AS 09.38.025(b) is amended to read: 22 (b) A judgment creditor or other claimant of an insurer may not levy upon any 23 of the assets or securities held in this state as a deposit for the protection of the 24 insurer's policyholders or policyholders and creditors. Deposits under AS 21.09.270 25 may be levied upon if provided in the order of the director of insurance, Department of 26 Revenue [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT], 27 under which the deposit is made. 28 * Sec. 27. AS 16.10.360(2) is amended to read: 29 (2) "commissioner" means the commissioner of revenue 30 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 31 * Sec. 28. AS 16.10.360(4) is amended to read:
01 (4) "department" means the Department of Revenue [COMMERCE, 02 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 03 * Sec. 29. AS 16.10.505(a) is amended to read: 04 (a) There is created within the Department of Revenue [COMMERCE, 05 COMMUNITY, AND ECONOMIC DEVELOPMENT] a revolving fund to be known 06 as the fisheries enhancement revolving loan fund. Except as provided in (b) and (c) of 07 this section, the fund shall be used to carry out the purposes of AS 16.10.500 - 08 16.10.560 and for no other purpose. All principal and interest payments, and money 09 chargeable to principal or interest that is collected through liquidation by foreclosure 10 or other process on loans made under AS 16.10.500 - 16.10.560, shall be paid into the 11 fisheries enhancement revolving loan fund. 12 * Sec. 30. AS 16.10.555 is amended to read: 13 Sec. 16.10.555. Disposal of property acquired by default or foreclosure. 14 The Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 15 DEVELOPMENT] shall dispose of property acquired through default or foreclosure 16 of a loan made under AS 16.10.500 - 16.10.560. Disposal shall be made in a manner 17 that serves the best interests of the state, and may include the amortization of 18 payments over a period of years. 19 * Sec. 31. AS 16.10.560(1) is amended to read: 20 (1) "commissioner" means the commissioner of revenue 21 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 22 * Sec. 32. AS 18.45.030 is amended to read: 23 Sec. 18.45.030. Conduct of studies concerning changes in laws and 24 regulations with a view to atomic industrial development. Each of the following 25 departments and agencies of the state are directed to initiate and to pursue continuing 26 studies as to the need for changes in the laws and regulations administered by it that 27 would arise from the presence within the state of special nuclear, by-product, and 28 radioactive materials, from the operation of production or utilization facilities, and 29 from the generation of radiation, and, on the basis of these studies, to make the 30 recommendations for the enactment of laws or amendments to law administered by it, 31 and the proposals for amendments to the regulations issued by it that it considers
01 necessary: 02 (1) the Department of Health and Social Services particularly as to 03 hazards to the public health and safety; 04 (2) the Department of Labor and Workforce Development particularly 05 as to hazardous working conditions; 06 (3) the Department of Labor and Workforce Development particularly 07 as to the time and character of proof of claims of injuries and the extent of the 08 compensation allowable; 09 (4) the Department of Transportation and Public Facilities particularly 10 as to the transportation of special nuclear, by-product, and radioactive materials on 11 highways of the state; 12 (5) the Department of Transportation and Public Facilities particularly 13 as to the transportation of special nuclear, by-product, and radioactive materials by 14 common carriers not in interstate commerce and as to the participation by public 15 utilities subject to its jurisdiction in projects for the development of production or 16 utilization facilities for industrial or commercial use; 17 (6) the Department of Revenue [COMMERCE, COMMUNITY, AND 18 ECONOMIC DEVELOPMENT] particularly as to the insurance of persons and 19 property from hazards to life and property resulting from atomic development; 20 (7) the Department of Fish and Game particularly as to the hazards to 21 the natural resources of the state, including wildlife, and as to the protection of rivers, 22 streams, and airspace from pollution; 23 (8) the Department of Natural Resources particularly as to the hazards 24 involved in the mining of radioactive minerals; 25 (9) departments and agencies the governor directs and for the purposes 26 specified by the governor, and other departments and agencies provided by law. 27 * Sec. 33. AS 18.60.340(b) is amended to read: 28 (b) A company authorized by the Department of Revenue [COMMERCE, 29 COMMUNITY, AND ECONOMIC DEVELOPMENT] under AS 21.09 to insure 30 boilers or unfired pressure vessels shall notify the Department of Labor and 31 Workforce Development each time it discontinues the insurance for a boiler or unfired
01 pressure vessel located in the state. The Department of Labor and Workforce 02 Development shall terminate the inspection certificate and require a reinspection if the 03 insurance was terminated because of a condition dangerous to life or property. 04 * Sec. 34. AS 21.06.010 is amended to read: 05 Sec. 21.06.010. Appointment of director. The commissioner of revenue 06 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] shall appoint 07 the director, division of insurance, Department of Revenue [COMMERCE, 08 COMMUNITY, AND ECONOMIC DEVELOPMENT]. The director serves at the 09 pleasure of the commissioner. 10 * Sec. 35. AS 21.06.020 is amended to read: 11 Sec. 21.06.020. Division of insurance. (a) There is created within the 12 Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 13 DEVELOPMENT] a division of insurance [, WHICH SHALL BE LOCATED IN OR 14 CONVENIENT TO THE OFFICE OCCUPIED BY THE COMMISSIONER OF 15 COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]. 16 (b) The division of insurance shall be under the administrative control of the 17 commissioner of revenue [COMMERCE, COMMUNITY, AND ECONOMIC 18 DEVELOPMENT] and the supervision of the director of the division of insurance. 19 * Sec. 36. AS 21.09.242(a) is amended to read: 20 (a) An insurer, including a pharmacy benefits manager, with respect to 21 medical assistance programs under AS 47.07, shall cooperate with the Department of 22 Health and Social Services to 23 (1) provide, with respect to an individual who is eligible for or is 24 provided medical assistance under AS 47.07, on the request of the Department of 25 Health and Social Services [DEPARTMENT], information to determine during what 26 period the individual or the individual's spouse or dependents may be or may have 27 been covered by the insurer and the nature of the coverage that is or was provided by 28 the insurer, including the name and address of the insurer and the identifying number 29 of the health care insurance plan; 30 (2) accept the [DEPARTMENT'S] right of recovery of the 31 Department of Health and Social Services and the assignment to the Department of
01 Health and Social Services [DEPARTMENT] of any right of an individual or other 02 entity to payment from the party for an item or service for which payment has been 03 made under AS 47.07; 04 (3) respond to any inquiry by the Department of Health and Social 05 Services [DEPARTMENT] regarding a claim for payment for any health care item or 06 service that is submitted not later than three years after the date of the provision of the 07 health care item or service; and 08 (4) agree not to deny a claim submitted by the Department of Health 09 and Social Services [DEPARTMENT] solely on the basis of the date of submission 10 of the claim, the type or format of the claim form, or a failure to present proper 11 documentation at the point-of-sale that is the basis of the claim if 12 (A) the claim is submitted by the Department of Health and 13 Social Services [DEPARTMENT] within the three-year period beginning on 14 the date on which the item or service was furnished; and 15 (B) any action by the Department of Health and Social 16 Services [DEPARTMENT] to enforce its rights with respect to the claim is 17 commenced within six years after the [DEPARTMENT'S] submission of the 18 claim by the Department of Health and Social Services. 19 * Sec. 37. AS 21.55.430(b) is amended to read: 20 (b) The legislature may use the annual estimated balance in the Alaska 21 comprehensive health insurance fund to make appropriations to the Department of 22 Revenue [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] to 23 fund the reinsurance program under this chapter. 24 * Sec. 38. AS 21.78.295 is amended to read: 25 Sec. 21.78.295. Unclaimed and withheld money. (a) All unclaimed money 26 that is subject to distribution and remains in the receiver's hands when the receiver is 27 ready to apply to the court for discharge, including the amount distributable to a 28 creditor, shareholder, member, or other person who is unknown and cannot be found, 29 shall be deposited with the department [DEPARTMENT OF REVENUE] and shall 30 be paid, without interest, to the person entitled to receive it or to the person's legal 31 representative upon proof satisfactory to the department [DEPARTMENT OF
01 REVENUE] of the person's right to it. Notwithstanding the provisions of AS 34.45, an 02 amount on deposit with the department [DEPARTMENT OF REVENUE] that is not 03 claimed within six years after the discharge of the receiver is considered to be 04 abandoned and shall, without further proceedings, be deposited in the general fund. 05 (b) All money retained for claims described in AS 21.78.280 and not 06 distributed, shall, upon discharge of the receiver, be deposited with the department 07 [DEPARTMENT OF REVENUE] and paid in accordance with AS 21.78.260. Any 08 amount remaining that, under AS 21.78.260, would revert to the undistributed assets 09 of the insurer, shall be transferred to the department [DEPARTMENT OF 10 REVENUE]. Remaining amounts become the property of the state under (a) of this 11 section, unless the director, in the director's discretion, petitions the court to reopen the 12 liquidation under AS 21.78.297. 13 * Sec. 39. AS 21.97.900(10) is amended to read: 14 (10) "commissioner" means the commissioner of revenue 15 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 16 * Sec. 40. AS 21.97.900(13) is amended to read: 17 (13) "division" means the division of insurance, Department of 18 Revenue [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 19 * Sec. 41. AS 21.97.900 is amended by adding a new paragraph to read: 20 (48) "department" means the Department of Revenue. 21 * Sec. 42. AS 23.15.580(g) is amended to read: 22 (g) The board shall assess the programs listed in this subsection and make 23 recommendations to the legislature in its report required under (b)(9) of this section 24 about whether to include one or more of the following [THESE] programs under the 25 requirements of (f) of this section: 26 (1) in the Department of Commerce, Community, and Economic 27 Development or operated by the department: [(A)] local government assistance 28 training and development, including the rural utility business advisory program; 29 (2) in the Department of Revenue or operated by the department: 30 [(B)] energy operations, providing training in management and administration of 31 electric utilities and bulk fuel storage systems;
01 (3) [(2)] in the Department of Corrections: 02 (A) Correctional Academy, training individuals applying for a 03 correctional officer position; 04 (B) inmate programs, providing vocational technical training 05 and education courses for inmates preparing to be released from a correctional 06 facility; 07 (C) employment of prison inmates, providing inmates with jobs 08 while they are incarcerated; 09 (4) [(3)] in the Department of Environmental Conservation: 10 (A) remote maintenance worker program, providing training 11 and technical assistance to communities to keep drinking water and sewage 12 disposal systems running, and providing on-the-job training to local operators; 13 (B) water and wastewater operator training and assistance; 14 (C) federal drinking water operator training and certification; 15 (5) [(4)] in the Department of Military and Veterans' Affairs: 16 educational benefits for members of the Alaska National Guard and the Alaska Naval 17 Militia; 18 (6) [(5)] in the Department of Public Safety: 19 (A) fire service training to maintain emergency training skills 20 for existing firefighter staff and volunteers and individuals interested in 21 becoming firefighters; 22 (B) Public Safety Training Academy, training trooper recruits; 23 (7) [(6)] in the Department of Transportation and Public Facilities: 24 (A) engineer-in-training program, providing on-the-job training 25 for apprentice engineers to enable them to gain the experience necessary to be 26 certified; 27 (B) statewide transportation improvement program, offered by 28 the United States National Highway Institute; 29 (C) local technical assistance program, transferring technical 30 expertise to local governments; 31 (D) Native technical assistance program, transferring technical
01 expertise to Native governments; 02 (E) border technology exchange program, to coordinate 03 highway issues with the Yukon Territory; 04 (8) [(7)] in the Department of Labor and Workforce Development: 05 vocational rehabilitation client services and special work projects, employment 06 services, including job development, assisting individuals in finding employment, and 07 assisting employed individuals in finding other employment. 08 * Sec. 43. AS 23.30.280(e) is amended to read: 09 (e) Except as provided in (f) of this section, a person is not liable for civil 10 damages for filing a report concerning a suspected, anticipated, or completed 11 fraudulent act or a false or misleading statement or representation with, or for 12 furnishing other information, whether written or oral, concerning a suspected, 13 anticipated, or completed fraudulent act or false or misleading statements or 14 representation to 15 (1) law enforcement officials or their agents and employees; 16 (2) the division of workers' compensation, the division of insurance in 17 the Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 18 DEVELOPMENT], or an agency in another state that regulates insurance or workers' 19 compensation; 20 (3) an insurer or adjuster or its agents, employees, or designees, or the 21 risk manager of a self-insured employer under this chapter. 22 * Sec. 44. AS 26.15.010(a) is amended to read: 23 (a) The Department of Revenue [COMMERCE, COMMUNITY, AND 24 ECONOMIC DEVELOPMENT] shall administer the laws and regulations relating to 25 the veterans' loan program, adopt new regulations, and recommend legislation. 26 * Sec. 45. AS 26.15.030(a) is amended to read: 27 (a) The Department of Revenue [COMMERCE, COMMUNITY, AND 28 ECONOMIC DEVELOPMENT] shall formulate general policies and adopt 29 regulations, including regulations to establish reasonable fees for services provided. 30 * Sec. 46. AS 26.15.040 is amended to read: 31 Sec. 26.15.040. Veterans' loans. (a) The commissioner of revenue
01 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] may, under 02 regulations and policies, make the following loans: 03 (1) personal loans may be made for educational, domestic, remote area 04 family housing and other personal purposes, not exceeding $10,000; the loans shall be 05 secured by acceptable collateral when available but if not available the commissioner 06 may make loans on the basis of good character; the rate of interest may not exceed 07 nine and one-half percent a year on the unpaid balance; 08 (2) [REPEALED] 09 (3) business loans not exceeding $125,000 may be made to acquire, 10 finance or refinance or equip businesses, including mining and fishing but not 11 including farming, if the loan applicant has had three or more years of general 12 business experience; the loans shall be secured by acceptable collateral and may not 13 exceed 75 percent of the appraised value of the collateral offered as security; the rate 14 of interest may not exceed nine and one-half percent a year on the unpaid balance; 15 (4) multiple dwelling loans not exceeding $110,000 may be made to 16 purchase, remodel, repair, build, furnish, refinance or equip multiple dwellings; the 17 loans shall be secured by acceptable collateral and may not exceed 75 percent of the 18 appraised value of the collateral offered as security; the rate of interest may not exceed 19 nine and one-half percent a year on the unpaid balance. 20 (b) The commissioner of revenue [COMMERCE, COMMUNITY, AND 21 ECONOMIC DEVELOPMENT] may enter into agreements with private banks, other 22 lending institutions and individuals for the purpose of guaranteeing loans made to 23 qualified applicants. The guarantees may not exceed 90 percent of the amount loaned 24 and the loans shall be secured in the same manner provided for direct loans under this 25 section. A loan made under this subsection and guaranteed by the commissioner of 26 revenue [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] and 27 the state shall bear an interest rate not exceeding nine and one-half percent a year on 28 the unpaid balance. 29 (c) Loans authorized by former (a)(2) of this section or (a)(3) and (4) of this 30 section may not be made unless the commissioner of revenue [COMMERCE, 31 COMMUNITY, AND ECONOMIC DEVELOPMENT] is satisfied that money at a
01 comparable rate of interest is not available to the applicant from private lending 02 institutions on a guaranteed basis as set out in (b) of this section. An applicant is 03 eligible for more than one type of loan, but the total may not exceed $125,000 at any 04 one time. 05 (d) Money loaned shall be disbursed to the borrower from the treasury, 06 vouchered in the manner prescribed for state disbursing officers, and charged against 07 the Alaska World War II veterans' revolving fund. Each voucher shall be approved by 08 the commissioner of revenue [COMMERCE, COMMUNITY, AND ECONOMIC 09 DEVELOPMENT] or any bonded deputy authorized to act as a certifying officer. 10 Upon repayment of loans by installments, or otherwise, in accordance with the 11 prescribed terms, or upon liquidation by foreclosure or other process, or upon receipt 12 of interest, the commissioner of revenue shall deposit money so received [SHALL 13 BE TURNED OVER TO THE COMMISSIONER OF REVENUE FOR DEPOSIT] in 14 the Alaska World War II veterans' revolving fund. 15 (e) If a loan made under (a)(3) of this section is assigned by the borrower or if 16 the real property that secures a loan made under former (a)(2) or under (a)(4) of this 17 section is transferred by the borrower, the commissioner of revenue [COMMERCE, 18 COMMUNITY, AND ECONOMIC DEVELOPMENT] shall allow the assignee or 19 transferee to assume the outstanding indebtedness on the loan unless the commissioner 20 determines in writing that the credit of the assignee or transferee is not satisfactory to 21 ensure [ASSURE] repayment of the loan. The assignee or transferee may assume the 22 outstanding indebtedness on the loan at the existing interest rate on the loan. 23 * Sec. 47. AS 26.15.070(a) is amended to read: 24 (a) The commissioner of revenue [COMMERCE, COMMUNITY, AND 25 ECONOMIC DEVELOPMENT] may sell or transfer at par value or at a premium or 26 discount to any bank or other private purchaser for cash or other consideration the 27 mortgages and notes held by the Department of Revenue [COMMERCE, 28 COMMUNITY, AND ECONOMIC DEVELOPMENT] as security for loans made 29 under this chapter. 30 * Sec. 48. AS 26.15.085 is amended to read: 31 Sec. 26.15.085. Disposal of property acquired by default or foreclosure.
01 The Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 02 DEVELOPMENT] shall dispose of property acquired through default or foreclosure 03 of a loan made under this chapter. Disposal shall be made in a manner that serves the 04 best interests of the state, and may include the amortization of payments over a period 05 of years. 06 * Sec. 49. AS 26.15.095(b) is amended to read: 07 (b) The commissioner of revenue [COMMERCE, COMMUNITY, AND 08 ECONOMIC DEVELOPMENT] may expend money credited to the foreclosure 09 expense account when necessary to protect the state's security interest in collateral on 10 loans made under AS 26.15.040 or to defray expenses incurred during foreclosure 11 proceedings after a default by an obligor. 12 * Sec. 50. AS 26.15.160 is amended to read: 13 Sec. 26.15.160. Extension of chapter to members of the Alaska Territorial 14 Guard and to veterans of the armed forces of the United States. The provisions of 15 this chapter, except those provisions relating to the payment of bonuses, are extended 16 to persons who served in the Alaska Territorial Guard and to veterans of the armed 17 forces of the United States, who served other than dishonorably on active duty 18 between June 25, 1950, and January 31, 1955, between August 4, 1964, and 19 November 7, 1975, between August 2, 1990, and January 2, 1992, beginning 20 September 11, 2001, and ending on the day prescribed by Presidential proclamation or 21 by law as the last date of Operation Iraqi Freedom, or during any time period listed in 22 5 U.S.C. 2108(1) and to dependents of those persons, subject to the following 23 provisions and eligibility qualifications: 24 (1) persons are eligible 25 (A) who served in the Alaska Territorial Guard, who were 26 discharged other than dishonorably from the armed forces of the United States, 27 or who are released to a reserve component; and 28 (B) who, at the time of entry into the service, were bona fide 29 residents of the territory or State of Alaska and had been residents of the 30 territory or state for not less than one year before their entry into the service; 31 and who have returned to the territory or state within a reasonable length of
01 time after the end of their service in the Alaska Territorial Guard or their 02 discharge or separation as residents with the intention of remaining in the 03 territory or state; or who, not being bona fide residents of the territory before 04 their entry into the service, have lived in the territory or state for at least five 05 years following their release from active military service; and 06 (C) who served in the armed forces of the United States for 90 07 days or more, or whose service was for a lesser period because of injury or 08 disability incurred in line of duty, between June 25, 1950, and January 31, 09 1955, between August 4, 1964, and July 1, 1977, between August 2, 1990, and 10 January 2, 1992, beginning September 11, 2001, and ending on the day 11 prescribed by Presidential proclamation or by law as the last date of Operation 12 Iraqi Freedom, or during any time period listed in 5 U.S.C. 2108(1), or who 13 served in the Alaska Territorial Guard for 90 days or more or whose service in 14 the Alaska Territorial Guard was for a lesser period because of injury or 15 disability incurred in the line of duty; 16 (2) persons are eligible who were dependent on [UPON] a member of 17 the Alaska Territorial Guard or armed forces or on [UPON] a veteran, including 18 persons who served in the Alaska Territorial Guard, eligible for the benefits of this 19 chapter at the time of the member's or veteran's death if the member or veteran was a 20 resident of the territory for one year before entry into service; dependents must be 21 unmarried and the deceased veteran or member of the armed forces must have been 22 their chief means of support and they must be [EITHER] a widow, widower, minor 23 child, or a mother, father, sister, or brother incapable of self-support; dependents must 24 be residents of the state at the time of application and shall intend to remain residents 25 in the state permanently; the rights of minor children under this chapter may be 26 exercised only if they have no surviving parent and have an appointed guardian who 27 may apply on their behalf for the benefits of this chapter for their care, support, or 28 education; 29 (3) a person who is eligible for veteran's benefits under the laws of any 30 other state or territory is not eligible for the benefits of this section unless the person 31 has lived in the state or territory for at least five years following the end of the person's
01 service in the Alaska Territorial Guard or release from active military service; a World 02 War II veteran who received a bonus under former AS 26.15.120 and former 03 AS 26.15.150 need not repay the bonus in order to qualify under the loan provisions of 04 this section; 05 (4) for persons otherwise eligible for the benefits under this section, 06 who did not return to the state or territory not later than one year after the end of the 07 persons' service in the Alaska Territorial Guard or separation from the service unless 08 prevented from doing so for medical, educational, or other valid purposes approved by 09 the Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 10 DEVELOPMENT] not later than one year after the end of the persons' service in the 11 Alaska Territorial Guard or separation from the service, an additional requirement of 12 four years' residence in the state or territory before their entry into the service is 13 imposed to entitle them to the benefit provisions of this section. 14 * Sec. 51. AS 27.09.010(a) is amended to read: 15 (a) There is established in the Department of Revenue [COMMERCE, 16 COMMUNITY, AND ECONOMIC DEVELOPMENT] the mining loan fund. The 17 department may make loans from the fund to underwrite advanced mineral 18 exploration, development, or mining in the state. 19 * Sec. 52. AS 27.09.015(b) is amended to read: 20 (b) The commissioner of revenue [COMMERCE, COMMUNITY, AND 21 ECONOMIC DEVELOPMENT] may expend money credited to the foreclosure 22 expense account when necessary to protect the state's security interest in collateral on 23 loans made under AS 27.09.010 or to defray expenses incurred during foreclosure 24 proceedings after a default by an obligor. 25 * Sec. 53. AS 27.09.050 is amended to read: 26 Sec. 27.09.050. Regulations. The department may adopt regulations necessary 27 to carry out the provisions of this chapter, including regulations to establish reasonable 28 fees for services provided. Regulations adopted under this section shall be prepared 29 after consultation with the Department of Natural Resources or after consultation with 30 a person who, in the opinion of the commissioner of revenue [COMMERCE, 31 COMMUNITY, AND ECONOMIC DEVELOPMENT] or a designee, has broad
01 experience in and is highly qualified in advanced mineral exploration, development, 02 and mining. 03 * Sec. 54. AS 27.09.060(3) is amended to read: 04 (3) "department" means the Department of Revenue [COMMERCE, 05 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 06 * Sec. 55. AS 28.20.580 is amended to read: 07 Sec. 28.20.580. Assigned risk plans. After consultation with the insurance 08 companies authorized to issue motor vehicle liability policies in this state, the director 09 of the division of insurance shall approve a reasonable plan, fair to the insurers and 10 equitable to their policyholders, for the apportionment among these companies of 11 applicants for motor vehicle policies and other vehicle coverages who are in good faith 12 entitled to but are unable to procure policies through ordinary methods. When a plan is 13 approved, all the insurance companies shall subscribe to it and participate in it, except 14 a reciprocal insurer formed by and only insuring a group of municipalities or nonprofit 15 utilities under AS 21.75, or a reciprocal insurer formed under AS 21.75 to provide 16 marine insurance. An applicant for an assigned risk policy, a person insured under an 17 assigned risk plan, and an insurance company affected may appeal to the 18 commissioner of revenue [COMMERCE, COMMUNITY, AND ECONOMIC 19 DEVELOPMENT] from a ruling or decision of the authority designated to operate the 20 plan. Failure to adopt an assigned risk plan does not relieve any person from 21 responsibility under this chapter. 22 * Sec. 56. AS 31.25.010 is amended to read: 23 Sec. 31.25.010. Structure. The Alaska Gasline Development Corporation is a 24 public corporation and government instrumentality acting in the best interest of the 25 state for the purposes required by AS 31.25.005, located for administrative purposes in 26 the Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 27 DEVELOPMENT], but having a legal existence independent of and separate from the 28 state. The corporation may not be terminated as long as it has bonds, notes, or other 29 obligations outstanding. The corporation may dissolve when no bonds, notes, or other 30 obligations of the corporation or a subsidiary of the corporation are outstanding and 31 the corporation or a subsidiary of the corporation is no longer engaged in the
01 development, financing, construction, or operation of an in-state natural gas pipeline 02 or an Alaska liquefied natural gas project. Upon termination of the corporation, its 03 rights and property pass to the state. 04 * Sec. 57. AS 36.30.322(a) is amended to read: 05 (a) Only timber, lumber, and manufactured lumber products originating in this 06 state from Alaska forests may be procured by an agency or used in construction 07 projects of an agency unless 08 (1) the manufacturers and suppliers who have notified the Office of 09 the Governor [COMMISSIONER OF COMMERCE, COMMUNITY, AND 10 ECONOMIC DEVELOPMENT] of their willingness to manufacture or supply Alaska 11 forest products have been given reasonable notice of the forest product needs of the 12 procurement or project; and 13 (2) a manufacturer or supplier who has notified the Office of the 14 Governor [COMMISSIONER OF COMMERCE, COMMUNITY, AND 15 ECONOMIC DEVELOPMENT] of its willingness to manufacture or supply Alaska 16 forest products is not the low bidder after all applicable preferences have been applied 17 to the price of the qualifying forest product under AS 36.30.336. 18 * Sec. 58. AS 36.30.322(c) is amended to read: 19 (c) During the period of performance of a state contract, the contractor shall 20 maintain records showing efforts made in using Alaska forest products or evidence of 21 Alaska forest products not being available or reasonably competitive. The contractor 22 shall provide the records to the procurement officer on a periodic basis, as required by 23 regulations adopted by the Office of the Governor [COMMISSIONER OF 24 COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]. 25 * Sec. 59. AS 36.30.330(c) is amended to read: 26 (c) The procurement officer shall report to the Office of the Governor 27 [COMMISSIONER OF COMMERCE, COMMUNITY, AND ECONOMIC 28 DEVELOPMENT] each contractor penalized under (a) of this section. The Office of 29 the Governor [COMMISSIONER OF COMMERCE, COMMUNITY, AND 30 ECONOMIC DEVELOPMENT] shall maintain a list of contractors determined not to 31 be responsible bidders under (b) of this section.
01 * Sec. 60. AS 36.30.332(a) is amended to read: 02 (a) The Office of the Governor [COMMISSIONER OF COMMERCE, 03 COMMUNITY, AND ECONOMIC DEVELOPMENT] shall adopt regulations 04 establishing the value added in the state for materials and supplies produced or 05 manufactured in the state that are used in a state procurement and establishing whether 06 a product qualifies as a recycled Alaska product. The Office of the Governor 07 [COMMISSIONER] shall publish a list of the products annually. A supplier may 08 request inclusion of its product on the appropriate list. 09 * Sec. 61. AS 37.05.146(c)(33) is amended to read: 10 (33) receipts of the Department of Revenue [COMMERCE, 11 COMMUNITY, AND ECONOMIC DEVELOPMENT], division of insurance, from 12 license fees and fees for services; 13 * Sec. 62. AS 37.05.146(c)(34) is amended to read: 14 (34) receipts of the Department of Commerce, Community, and 15 Economic Development from its functions relating to [BANKING,] securities [,] and 16 corporations; 17 * Sec. 63. AS 37.05.146(c) is amended by adding a new paragraph to read: 18 (90) receipts of the Department of Revenue from its functions relating 19 to banking. 20 * Sec. 64. AS 39.25.110(30) is amended to read: 21 (30) a person employed as an actuary or assistant actuary by the 22 division of insurance in the Department of Revenue [COMMERCE, COMMUNITY, 23 AND ECONOMIC DEVELOPMENT]; 24 * Sec. 65. AS 39.25.120(c) is amended to read: 25 (c) The following positions in the state service constitute the partially exempt 26 service: 27 (1) deputy and assistant commissioners of the principal departments of 28 the executive branch, including the assistant adjutant general of the Department of 29 Military and Veterans' Affairs; 30 (2) the directors of the major divisions of the principal departments of 31 the executive branch and the regional directors of the Department of Transportation
01 and Public Facilities; 02 (3) attorney members of the staff of the Department of Law, of the 03 public defender agency, and of the office of public advocacy in the Department of 04 Administration; 05 (4) one private secretary for each head of a principal department in the 06 executive branch; 07 (5) employees of councils, boards, or commissions established by 08 statute in the Office of the Governor or the office of the lieutenant governor, unless a 09 different classification is provided by statute; 10 (6) not more than two special assistants to the commissioner of each of 11 the principal departments of the executive branch, but the number may be increased if 12 the partially exempt service is extended under AS 39.25.130 to include the additional 13 special assistants; 14 (7) the principal executive officer of the following boards, councils, or 15 commissions: 16 (A) Alaska Public Broadcasting Commission; 17 (B) Professional Teaching Practices Commission; 18 (C) Parole Board; 19 (D) Board of Nursing; 20 (E) Real Estate Commission; 21 (F) Alaska Royalty Oil and Gas Development Advisory Board; 22 (G) Alaska State Council on the Arts; 23 (H) Alaska Police Standards Council; 24 (I) Alaska Commission on Aging; 25 (J) Alaska Mental Health Board; 26 (K) State Medical Board; 27 (L) Governor's Council on Disabilities and Special Education; 28 (M) Advisory Board on Alcoholism and Drug Abuse; 29 (N) Statewide Suicide Prevention Council; 30 (O) State Board of Registration for Architects, Engineers, and 31 Land Surveyors;
01 (P) Alaska Health Care Commission; 02 (8) Alaska Pioneers' Home and Alaska Veterans' Home managers; 03 (9) hearing examiners in the Department of Revenue; 04 (10) the comptroller in the division of treasury, Department of 05 Revenue; 06 (11) airport managers in the Department of Transportation and Public 07 Facilities employed at the Anchorage and Fairbanks International Airports; 08 (12) the deputy director of the division of insurance in the Department 09 of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 10 (13) the executive director and staff of the Alaska Public Offices 11 Commission; 12 (14) the rehabilitation administrator of the division of workers' 13 compensation; 14 (15) guards employed by the Department of Public Safety for 15 emergencies; 16 (16) marine pilot coordinator of the Board of Marine Pilots; 17 (17) guards employed by the Department of Corrections, other than in 18 state correctional facilities, to carry out the responsibility of the commissioner of 19 corrections under AS 33.30.071(b); 20 (18) hearing officers and administrative law judges of the Regulatory 21 Commission of Alaska; 22 (19) the compact administrator appointed under AS 33.36.130; 23 (20) the chief administrative law judge and administrative law judges 24 of the office of administrative hearings; 25 (21) the executive secretary of the Board of Public Accountancy. 26 * Sec. 66. AS 40.25.110(e) is amended to read: 27 (e) Notwithstanding other provisions of this section to the contrary, the Bureau 28 of Vital Statistics and the library archives in the Department of Education and Early 29 Development may continue to charge the same fees that they were charging on 30 September 25, 1990, for performing record searches, and may increase the fees as 31 necessary to recover agency expenses on the same basis that was used by the agency
01 immediately before September 25, 1990. Notwithstanding other provisions of this 02 section to the contrary, the Department of Commerce, Community, and Economic 03 Development may continue to charge the same fees that the former Department of 04 Commerce and Economic Development was charging on July 1, 1999, for performing 05 record searches for matters related to [BANKING,] securities [,] and corporations, and 06 may increase the fees as necessary to recover agency expenses on the same basis that 07 was used by the former Department of Commerce and Economic Development 08 immediately before July 1, 1999. Notwithstanding other provisions of this section 09 to the contrary, the Department of Revenue may continue to charge the same fees 10 that the former Department of Commerce, Community, and Economic 11 Development was charging on the effective date of this section for performing 12 record searches for matters related to banking immediately before the effective 13 date of this section. 14 * Sec. 67. AS 41.35.350(a) is amended to read: 15 (a) The duties of the commission are to 16 (1) survey, evaluate, and catalog Alaska prehistory and history 17 materials now in print; 18 (2) ascertain and register what Alaska prehistory and history work is 19 now in progress; 20 (3) identify the existing gaps in the coverage of Alaska's past in 21 presently available published works and establish priorities for bridging them; 22 (4) prepare a thematic study of Alaska's history for historic 23 preservation; 24 (5) identify the sources of Alaska's history; 25 (6) coordinate the production and publication of works that will 26 adequately present all aspects of Alaska's past; 27 (7) cooperate with the federal government in programs relating to 28 history and archaeology; 29 (8) develop criteria for the evaluation of state monuments and historic 30 sites and all real and personal property that may be considered to be of historic, 31 prehistoric, or archeological significance as would justify their acquisition and
01 ownership by the state; 02 (9) cooperate with the department in formulating and administering a 03 statewide historic sites survey under 54 U.S.C. 300101 - 307108 (National Historic 04 Preservation Act) [16 U.S.C. 470-470n (P.L. 89-665, NATIONAL HISTORIC 05 PRESERVATION ACT OF 1966)]; 06 (10) review those surveys and historic preservation plans that may be 07 required, and approve properties for nomination to the National Register as provided 08 for in 54 U.S.C. 300101 - 307108 (National Historic Preservation Act) [16 U.S.C. 09 470-470n (P.L. 89-665, NATIONAL HISTORIC PRESERVATION ACT OF 1966)]; 10 (11) provide necessary assistance to the governor and the legislature 11 for achieving balanced and coordinated state policies and programs for the 12 preservation of the state's historic, prehistoric, and archeological resources; 13 (12) consult with local historical district commissions regarding the 14 establishment of historical districts under AS 29.55.010 - 29.55.020 and the approval 15 of project alterations under AS 45.98.040; recommend, if appropriate, the formulation 16 of additional criteria for the designation of historical districts under AS 29.55.020(b); 17 approve plans for and evaluate the suitability of specific structures for purposes of 18 loan eligibility and continuance under the historical district revolving loan fund 19 (AS 45.98); and consult with the Department of Revenue [COMMERCE, 20 COMMUNITY, AND ECONOMIC DEVELOPMENT] relative to the adoption of 21 regulations for historical district loans under AS 45.98; 22 (13) determine the correct and most appropriate names of the lakes, 23 streams, places, and other geographic features in the state and their spelling; 24 (14) pass upon and give names to lakes, streams, places, and other 25 geographic features in the state for which no single generally acceptable name has 26 been in use; 27 (15) cooperate with local subdivisions of government and, with their 28 approval, change the names of lakes, streams, places, and other geographic features to 29 eliminate duplication of names in the state; 30 (16) prepare and publish an official state dictionary of geographic 31 names and publish it for sale, either as a complete whole or in parts when ready; and
01 (17) serve as the state representatives of the United States Board on 02 Geographic Names and cooperate with that board so that there is no conflict between 03 the state and federal designations of geographic features in the state. 04 * Sec. 68. AS 42.45.250(a) is amended to read: 05 (a) The bulk fuel revolving loan fund is established in the department 06 [DIVISION] to assist communities, utilities providing power in communities, and fuel 07 retailers in communities in purchasing bulk fuel to generate power or supply the public 08 with fuel for use in communities. A community, or a person generating power or 09 selling fuel in a community or maintaining community facilities or infrastructure is 10 eligible for a bulk fuel loan under AS 42.45.260 or a bulk fuel bridge loan under 11 AS 42.45.270 to purchase bulk fuel to be used in the community. 12 * Sec. 69. AS 42.45.250(p) is amended to read: 13 (p) The department [DIVISION] shall establish and implement a technical 14 assistance program for borrowers. Technical assistance shall be provided to borrowers 15 who need assistance in applying for a loan or who have received a bulk fuel loan to 16 help those borrowers improve creditworthiness or other financial criteria likely to be 17 considered by the department [DIVISION] if the borrower applies for another bulk 18 fuel loan in the future. The department [DIVISION] may contract with a state agency 19 or private contractor to administer or implement the technical assistance program. 20 * Sec. 70. AS 42.45.260 is amended to read: 21 Sec. 42.45.260. Bulk fuel loan account; loans. (a) The bulk fuel loan account 22 is established as a separate account within the fund. The department [DIVISION] 23 may make loans from the bulk fuel loan account as provided in AS 42.45.250 - 24 42.45.299. 25 (b) The department [DIVISION] shall establish by regulation criteria under 26 which communities or entities eligible under AS 42.45.250(a) may obtain a bulk fuel 27 loan. The criteria must require the department [DIVISION] to consider the 28 applicant's creditworthiness and repayment history and may require the consideration 29 of other factors. 30 (c) The department [DIVISION] shall evaluate each application for a bulk 31 fuel loan and shall make findings if the application is denied.
01 (d) Loans made from the bulk fuel loan account to one borrower 02 (1) may not exceed $750,000 or, if the borrower is a cooperative 03 corporation organized under AS 10.15 or an electric cooperative organized under 04 AS 10.25 and uses the loan to purchase bulk fuel on behalf of more than one 05 community, may not exceed $750,000 multiplied by the number of communities on 06 whose behalf the bulk fuel is to be purchased or $1,800,000, whichever is less; 07 (2) shall be repaid within one year after the date of the loan 08 disbursement; and 09 (3) may include additional terms and conditions required by the 10 department [DIVISION]. 11 (e) The department [DIVISION] may contract with a private contractor to 12 administer the loan account. 13 * Sec. 71. AS 42.45.270(a) is amended to read: 14 (a) The bulk fuel bridge loan account is established as a separate account 15 within the fund. Subject to availability of funds in the account, the department 16 [DIVISION] may make bulk fuel bridge loans from the bulk fuel bridge loan account 17 as provided in AS 42.45.250 - 42.45.299. 18 * Sec. 72. AS 42.45.270(c) is amended to read: 19 (c) Loans made from the bulk fuel bridge loan account to one borrower in a 20 fiscal year 21 (1) may not exceed $750,000; 22 (2) shall be repaid within one year after the date of the loan 23 disbursement; and 24 (3) may include additional terms and conditions required by the 25 department [DIVISION]. 26 * Sec. 73. AS 42.45.270(d) is amended to read: 27 (d) The department [DIVISION] shall implement a technical assistance and 28 counseling plan for borrowers who have received a bulk fuel bridge loan to help those 29 borrowers improve creditworthiness or other financial criteria likely to be considered 30 by the department [DIVISION] if the borrower applies for another bulk fuel loan in 31 the future. The department [DIVISION] may contract with a state agency or outside
01 contractor to administer or implement the technical assistance and counseling plan. 02 * Sec. 74. AS 42.45.280(b) is amended to read: 03 (b) The department [DIVISION] may establish by regulation a program to 04 reduce the interest rate on the second and subsequent bulk fuel loans obtained by a 05 borrower. In evaluating a potential interest rate reduction, the department 06 [DIVISION] shall consider the borrower's repayment history and any other criteria 07 that may be established by regulation. The department [DIVISION] may by 08 regulation reduce the interest rate on a bulk fuel loan made by the department 09 [DIVISION] by one percent for a borrower who has had at least one previous bulk fuel 10 loan made by the department [DIVISION] or by two percent for a borrower who has 11 had two or more previous bulk fuel loans made by the department [DIVISION]. The 12 department [DIVISION] shall make findings if an application for an interest rate 13 reduction is denied. 14 * Sec. 75. AS 42.45.299 is amended by adding a new paragraph to read: 15 (5) "department" means the Department of Revenue. 16 * Sec. 76. AS 43.76.020(b) is amended to read: 17 (b) A salmon enhancement tax shall be terminated by the commissioner of 18 revenue under (a) of this section following an election in a region if 19 (1) a petition is presented to the commissioner of commerce, 20 community, and economic development requesting termination of the salmon 21 enhancement tax that [WHICH] is signed by at least 25 percent of the number of 22 persons who voted under AS 43.76.015 in the election approving the salmon 23 enhancement tax in the region; 24 (2) the commissioner of revenue [COMMERCE, COMMUNITY, 25 AND ECONOMIC DEVELOPMENT] determines that there are no outstanding loans 26 to the qualified regional association under AS 16.10.510 that are secured by the tax; 27 (3) an election is held in accordance with AS 43.76.015; the ballot 28 must ask the question whether the salmon enhancement tax for the region shall be 29 terminated; the ballot must be worded so that a "yes" vote is for continuation of the 30 salmon enhancement tax and a "no" vote is for termination of the salmon enhancement 31 tax;
01 (4) a majority of the eligible interim-use permit and entry permit 02 holders who vote in the election cast a ballot for the termination of the salmon 03 enhancement tax; and 04 (5) the qualified regional association provides notice of the election in 05 accordance with AS 43.76.015 within two months after receiving notice from the 06 commissioner of commerce, community, and economic development that a valid 07 petition under (1) of this subsection has been received. 08 * Sec. 77. AS 44.19 is amended by adding new sections to read: 09 Article 6. Film Office. 10 Sec. 44.19.685. Film production promotion program. (a) The film 11 production promotion program is established in the Office of the Governor. 12 (b) The purpose of the film production promotion program is to 13 (1) work with organizations in the private sector for the expansion and 14 development of film production industries in the state; 15 (2) promote the state as an appropriate location for film production; 16 (3) provide production assistance through connecting film directors, 17 makers, and producers with state location scouts and contractors, including contractors 18 providing assistance with permit applications; and 19 (4) certify Alaska film production internship training programs and 20 promote the employment of program interns by eligible productions. 21 Article 7. Tourism. 22 Sec. 44.19.730. Tourism purposes. The purposes of AS 44.19.730 - 44.19.736 23 are to 24 (1) encourage the expansion and growth of the state's visitor industry 25 for the benefit of the citizens of the state; 26 (2) ensure that the economic benefits to be derived from tourism in the 27 state are retained in the state, to the greatest extent possible; 28 (3) ensure that a maximum number of residents of the state are 29 employed in the tourism industry; 30 (4) ensure that consideration is given in the development and 31 implementation of the tourism program to local community goals and objectives, to
01 effects on existing private enterprises, and to effects on recreational and subsistence 02 opportunities for the residents of the state; 03 (5) promote the development of tourism opportunities throughout the 04 state, including along the highway system of the state, the marine highway, and in 05 rural areas of the state. 06 Sec. 44.19.732. Tourism duties. The Office of the Governor shall 07 (1) cooperate with organizations in the private sector for the promotion 08 and development of tourism into and within the state; 09 (2) coordinate with municipal, state, and federal agencies for the 10 development of tourism resources in the state; 11 (3) promote and develop the state's tourist industry; 12 (4) cooperate with the private sector and the Alaska Tourism 13 Marketing Board in the planning and execution of a destination tourism marketing 14 campaign that is in the public interest; 15 (5) promote the development of visitor industry facilities, both in the 16 public sector and the private sector, through the use of state resources, as appropriate; 17 (6) plan and advocate for tourism and tourism development in 18 coordination with the private sector, municipalities, and state and federal agencies; 19 (7) administer a visitor information center located in Tok; and 20 (8) conduct research related to tourism. 21 Sec. 44.19.734. Grants for promotion or development of visitor travel. (a) 22 A municipality, a nonprofit corporation formed under AS 10.20, or a bona fide 23 nonprofit civic, fraternal, or service organization may receive, as a grant, matching 24 money from the state for up to 50 percent of the costs of a program or project that the 25 Office of the Governor determines is consistent with the purposes of AS 44.19.730 26 and is likely to promote or develop visitor travel, including 27 (1) the promotion of conventions; 28 (2) the construction, improvement, or operation of visitor destination 29 facilities and tourist attractions; and 30 (3) the development and preservation of attractions of historical, 31 contemporary, recreational, or cultural interest.
01 (b) The Office of the Governor shall adopt regulations to carry out the 02 provisions of this section. 03 (c) A grant awarded under this section may not be used for tourism marketing. 04 Sec. 44.19.736. Alaska Tourism Marketing Board. (a) The Alaska Tourism 05 Marketing Board is created in the Office of the Governor. 06 (b) The board consists of 21 members as follows: 07 (1) 18 members appointed by the governor who are members of the 08 leading statewide nonprofit tourism association and who represent different segments 09 of the tourism industry and company sizes and the following regions of the state: 10 (A) Southeast; 11 (B) Southcentral; 12 (C) Southwest; 13 (D) Interior; and 14 (E) Far North; 15 (2) the commissioner of commerce, community, and economic 16 development or the commissioner's designee; 17 (3) one member of the senate appointed by the president of the senate, 18 who shall serve ex officio as a nonvoting member of the board; and 19 (4) one member of the house of representatives appointed by the 20 speaker of the house of representatives, who shall serve ex officio as a nonvoting 21 member of the board. 22 (c) Before making the appointments under (b)(1) of this section, the governor 23 shall identify the leading statewide nonprofit tourism marketing association. 24 (d) The governor may appoint the members under (b)(1) of this section from a 25 list of nominees for each seat submitted by the leading statewide nonprofit tourism 26 marketing association. The governor may reject a list for any seat submitted under this 27 subsection and request that another list be submitted. 28 (e) The term of office of a member of the board appointed under (b)(1) of this 29 section is three years. 30 (f) The board shall annually elect a chair and vice-chair from among its 31 members. Nine members of the board, including at least one member representing
01 each region listed under (b)(1) of this section, constitute a quorum. The board shall 02 meet at least twice a year. The chair shall set the time and place of the meeting, either 03 on the chair's own motion or on written request by three members of the board. The 04 board is encouraged to meet electronically. 05 (g) The members of the board do not receive a salary for service on the board. 06 The members of the board appointed under (b)(2) - (4) of this section are entitled to 07 per diem and travel expenses authorized by law for other boards and commissions 08 under AS 39.20.180. The members of the board appointed under (b)(1) of this section 09 are not entitled to per diem or travel expenses. 10 (h) The board shall 11 (1) cooperate with the Office of the Governor to plan and execute a 12 destination tourism marketing campaign that is in the public interest; and 13 (2) make recommendations to the Office of the Governor regarding 14 tourism marketing. 15 (i) In this section, "board" means the Alaska Tourism Marketing Board. 16 * Sec. 78. AS 44.25.020 is amended to read: 17 Sec. 44.25.020. Duties of department. The department [DEPARTMENT OF 18 REVENUE] shall 19 (1) enforce the tax laws of the state; 20 (2) collect, account for, have custody of, invest, and manage all state 21 funds and all revenue [REVENUES] of the state except revenue [REVENUES] 22 incidental to a program of licensing and regulation carried on by another state 23 department, funds managed and invested by the Alaska Retirement Management 24 Board, and as otherwise provided by law; 25 (3) invest and manage the balance of the power development fund in 26 accordance with AS 44.83.386; 27 (4) administer the surety bond program for licensure as a fish 28 processor or primary fish buyer; 29 (5) make grants to communities for bulk fuel storage facilities; 30 (6) enforce state laws regarding banking and insurance; 31 (7) administer economic development programs.
01 * Sec. 79. AS 44.25.028(a) is amended to read: 02 (a) The commissioner [OF REVENUE] may designate employees of the 03 department [DEPARTMENT OF REVENUE] who are subject to the provisions of 04 AS 39.50 because of their responsibility for participating in the management or 05 investment of the funds for which the Alaska Retirement Management Board is 06 responsible. 07 * Sec. 80. AS 44.25.028(b) is amended to read: 08 (b) If an officer or employee of the department [DEPARTMENT OF 09 REVENUE] with responsibility for funds for which the Alaska Retirement 10 Management Board is responsible acquires, owns, or controls an interest, direct or 11 indirect, in an entity or project in which assets under the control of the board are 12 invested, the officer or employee shall immediately disclose the interest to the board. 13 The disclosure is a matter of public record and shall be included in the minutes of the 14 board meeting next following the disclosure. The commissioner shall adopt 15 regulations to restrict officers and employees of the department from having a 16 substantial interest in an entity or project in which assets under the control of the board 17 are invested. 18 * Sec. 81. AS 44.25.040(a) is amended to read: 19 (a) A person applying for a license as a fish processor or primary fish buyer 20 shall file with the commissioner [OF REVENUE] a performance bond, conditioned 21 upon the promise to pay the following: 22 (1) wages owing to all persons employed by the fish processor or 23 primary fish buyer, including contractual employee benefits; 24 (2) independent registered commercial fishermen for the price of the 25 raw fishery resource purchased from them; 26 (3) fees owing for the service of transporting raw fish; 27 (4) contributions imposed under AS 23.20 (Alaska Employment 28 Security Act). 29 * Sec. 82. AS 44.25.040(g) is amended to read: 30 (g) If an applicant for a license as a fish processor or primary fish buyer has 31 complied with this section, the department [DEPARTMENT OF REVENUE] may
01 issue that applicant a license to engage in the business of fish processor or primary fish 02 buyer. 03 * Sec. 83. AS 44.25.135(a) is amended to read: 04 (a) The department [DEPARTMENT OF REVENUE] may review, audit, 05 and bring legal proceedings to recover any amount of a tax credit awarded under 06 former AS 44.25.125 and former AS 44.33.235 from a producer or production that 07 received the credit if the department [DEPARTMENT OF REVENUE] determines 08 that the film producer or production is liable for damages to the state or any political 09 subdivision of the state. 10 * Sec. 84. AS 44.25 is amended by adding new sections to read: 11 Article 4. Alaska Capstone Avionics Revolving Loan Fund. 12 Sec. 44.25.200. Declaration of policy. It is the policy of the state, under 13 AS 44.25.200 - 44.25.270, to increase the safety of air carrier, air taxi, and general 14 aviation intrastate air transportation in the state by providing low interest loans to 15 qualified applicants for the purpose of purchasing and installing capstone avionics 16 equipment. 17 Sec. 44.25.210. Alaska capstone avionics revolving loan fund. (a) The 18 Alaska capstone avionics revolving loan fund is created in the department to carry out 19 the purposes of AS 44.25.200 - 44.25.270. 20 (b) The Alaska capstone avionics revolving loan fund consists of the 21 following: 22 (1) money appropriated, transferred, or received by gift, devise, 23 bequest, or donation to the fund; 24 (2) principal and interest payments or other income earned on loans or 25 investments of the fund; 26 (3) money chargeable to principal or interest that is collected through 27 liquidation by foreclosure or other process on loans made under AS 44.25.200 - 28 44.25.270. 29 (c) Money in the fund may be used by the legislature to make appropriations 30 for costs of administering AS 44.25.200 - 44.25.270. 31 Sec. 44.25.220. Powers and duties of the department. The department may
01 (1) make loans to eligible applicants under AS 44.25.230 for the 02 purchase and installation of capstone avionics equipment; 03 (2) receive, take, hold, and administer any appropriation, gift, grant, 04 bequest, devise, or donation of money for the fund; 05 (3) establish amortization plans for repayment of loans, including 06 extensions of the terms of loans; 07 (4) allow an assumption of a loan if the applicant meets the 08 requirements established under this section; 09 (5) establish the rate of interest for loans consistent with law; 10 (6) charge and collect fees for services provided under AS 44.25.200 - 11 44.25.270; 12 (7) adopt regulations under AS 44.62 necessary to carry out the 13 provisions of AS 44.25.200 - 44.25.270, including regulations to establish reasonable 14 fees for services provided; and 15 (8) designate agents and delegate powers as necessary to the agents. 16 Sec. 44.25.230. Eligibility. (a) For an applicant to be eligible for a loan under 17 AS 44.25.200 - 44.25.270, the applicant must be the owner or lessee of an aircraft that 18 logs a substantial percentage of flight hours in the state as determined by the 19 department. For purposes of this subsection, an applicant may be an individual, 20 corporation, partnership, limited liability corporation, limited liability partnership, 21 limited liability company, joint venture, or nonfederal governmental entity. 22 (b) After consultation with the Department of Transportation and Public 23 Facilities, the Department of Revenue shall establish by regulation the standards for 24 capstone avionics equipment eligible for loans. 25 Sec. 44.25.240. Limitations on loans. A loan established under AS 44.25.200 26 - 44.25.270 27 (1) may not exceed a term of 10 years, except for extensions under 28 AS 44.25.220; 29 (2) may not bear interest less than four percent a year; 30 (3) must be secured by collateral acceptable to the department; and 31 (4) may not exceed 80 percent of the cost of the eligible capstone
01 avionics equipment purchased with proceeds of the loan. 02 Sec. 44.25.250. Special account established. (a) The foreclosure expense 03 account is created as a special account within the Alaska capstone avionics revolving 04 loan fund. 05 (b) The department may expend money credited to the foreclosure expense 06 account when necessary to protect the state's security interest in collateral on loans 07 granted under AS 44.25.230 or to defray expenses incurred during foreclosure 08 proceedings after a default by an obligor. 09 Sec. 44.25.260. Disposal of property acquired by default or foreclosure. 10 The department shall dispose of property acquired through default or foreclosure of a 11 loan made under AS 44.25.200 - 44.25.270. Disposal must be made in a manner that 12 serves the best interest of the state and may include the amortization of payments over 13 a term of years. 14 Sec. 44.25.270. Definitions. In AS 44.25.200 - 44.25.270, 15 (1) "capstone avionics equipment" means aviation navigation 16 performance and technological safety equipment, global-positioning-system-based 17 avionics equipment, and data link communications suites; 18 (2) "capstone program" means a technology-focused aviation program 19 administered by the Federal Aviation Administration in this state. 20 Article 5. Child Care Facility Revolving Loan Fund. 21 Sec. 44.25.300. Child care facility revolving loan fund. (a) The child care 22 facility revolving loan fund is created in the department to carry out the purposes of 23 AS 44.25.300 - 44.25.370. Except as provided in (b) and (c) of this section, the fund 24 may not be used for any other purpose. 25 (b) The department may use money in the fund for the costs of administering 26 AS 44.25.300 - 44.25.370. 27 (c) On June 30 of each fiscal year, the unexpended and unobligated cash 28 balance of the fund that is attributable to loans owned by the fund lapses into the 29 general fund. 30 Sec. 44.25.310. Special account established. (a) The foreclosure expense 31 account is established as a special account within the child care facility revolving loan
01 fund. The account is established as a reserve from fund equity. 02 (b) The commissioner may expend money credited to the foreclosure expense 03 account when necessary to protect the state's security interest in collateral on loans 04 made under AS 44.25.320 or to defray expenses incurred during foreclosure 05 proceedings after a default by an obligor. 06 Sec. 44.25.320. Powers and duties of the department in administering the 07 fund. (a) The department may 08 (1) make loans for the construction, renovation, and equipping of child 09 care facilities, including private nonprofit child care facilities; 10 (2) adopt regulations necessary to carry out the provisions of 11 AS 44.25.300 - 44.25.370, including regulations to establish reasonable fees for 12 services provided and charges for collecting the fee; and 13 (3) collect the fees and charges established under this subsection. 14 (b) The department shall 15 (1) develop eligibility standards for loans to child care facilities; 16 (2) adopt guidelines for the determination of loan terms. 17 Sec. 44.25.330. Loan terms. (a) A loan to a child care facility under 18 AS 44.25.300 - 44.25.370 may not exceed $50,000. 19 (b) The rate of interest charged is seven percent a year on the unpaid balance 20 of the loan. 21 (c) The duration for repayment of a loan may not exceed 20 years. 22 (d) All principal and interest payments, and any money chargeable to principal 23 or interest that is collected through liquidation by foreclosure or other process on loans 24 made under AS 44.25.300 - 44.25.370, shall be paid into the child care facility 25 revolving loan fund. 26 (e) If a child care facility ceases operation, a loan to the facility from the fund 27 is due on the date the facility stops operation. 28 Sec. 44.25.340. Eligibility for loans. A child care facility is eligible for a loan 29 under AS 44.25.300 - 44.25.370 if the applicant 30 (1) submits to the department a plan for the use of the loan funds that 31 is approved by the commissioner;
01 (2) meets additional eligibility standards established by the department 02 under AS 44.25.320(b)(1). 03 Sec. 44.25.350. Sale or transfer of mortgages and notes. The commissioner 04 may sell or transfer at par value or at a premium to a bank or other private purchaser 05 for cash or other consideration the mortgages and notes held by the department as 06 security for loans made under AS 44.25.300 - 44.25.370. 07 Sec. 44.25.360. Disposal of property acquired by default or foreclosure. 08 The department shall dispose of property acquired through default or foreclosure of a 09 loan made under AS 44.25.300 - 44.25.370. Disposal shall be made in a manner that 10 serves the best interests of the state and may include the amortization of payments 11 over a period of years. 12 Sec. 44.25.370. Definition. In AS 44.25.300 - 44.25.370, "child care facility" 13 means an establishment the principal purpose of which is to provide care for children 14 not related by blood, marriage, or legal adoption, including day care centers, family 15 day care homes, and schools for preschool age children. 16 Article 6. Rural Development. 17 Sec. 44.25.400. Powers and duties. To promote development of rural areas of 18 the state, the department may 19 (1) investigate social and economic conditions of rural areas to 20 determine the need to expand economic opportunities and improve living conditions; 21 (2) formulate a coordinated program to broaden and diversify the 22 economic base of rural areas; 23 (3) coordinate administration of emergency relief, surplus food 24 distribution, or other public assistance programs, except the regular relief and 25 assistance programs of the federal government in rural areas; 26 (4) formulate and conduct a program of construction of basic facilities 27 to improve health, welfare, and economic security and provide employment and 28 income in the rural areas; 29 (5) promote training and educational programs designed to expand 30 employment opportunities for residents of rural areas; 31 (6) enter into agreements with other state agencies and departments to
01 provide for the distribution in rural communities of surplus electrical power from 02 state-owned power sources located in those communities and to expend funds for that 03 purpose; 04 (7) make grants to communities for bulk fuel storage facilities; 05 (8) cooperate with the Department of Environmental Conservation and 06 other agencies to provide technical assistance to communities in the installation, 07 operation, and management of bulk fuel storage facilities. 08 Sec. 44.25.410. Limitations. The cost of a program of the department under 09 AS 44.25.400 in a rural area may not exceed $100,000 a year. 10 Sec. 44.25.420. Bulk fuel storage facilities grant fund. (a) The bulk fuel 11 storage facilities grant fund is established in the department. The department may 12 make grants from this fund to a community to acquire and install community bulk 13 storage facilities. 14 (b) Grants made under this section for the acquisition and installation of a bulk 15 fuel storage facility may not exceed $100,000 for each community. 16 (c) If the governing bodies of two or more communities determine that their 17 fuel requirements may be served by a single bulk fuel storage facility, the 18 communities may jointly apply for grants to acquire and install a single bulk fuel 19 storage facility. When communities jointly apply under this subsection, the limitation 20 under (b) of this section is multiplied by the number of communities that submit the 21 joint application. 22 (d) Before a grant is made under this section, the city council or, if the 23 community is not incorporated, a reasonable representative body in the community 24 shall agree in writing to maintain and operate the bulk storage facility to be 25 constructed with the proceeds of the grant. 26 Article 7. General Provisions. 27 Sec. 44.25.500. Definitions. In this chapter, unless the context otherwise 28 requires, 29 (1) "commissioner" means the commissioner of revenue; 30 (2) "department" means the Department of Revenue. 31 * Sec. 85. AS 44.33.020(a) is amended to read:
01 (a) The Department of Commerce, Community, and Economic Development 02 shall 03 (1) advise and assist local governments; 04 (2) advise the governor and other commissioners on the delivery of 05 government services to rural areas, including services relating to public safety, justice, 06 economic development, natural resource management, education, and public health; 07 (3) make recommendations to the governor and other commissioners 08 about policy changes that would affect rural governments and rural affairs; 09 (4) serve as staff for the Local Boundary Commission; 10 (5) conduct studies and carry out experimental and pilot projects for 11 the purpose of developing solutions to community and regional problems; 12 (6) promote cooperative solutions to problems affecting more than one 13 community or region, including joint service agreements, regional compacts, and other 14 forms of cooperation; 15 (7) serve as a clearinghouse for information useful in solution of 16 community and regional problems, and channel to the appropriate authority requests 17 for information and services; 18 (8) advise and assist community and regional governments on matters 19 of finance, including but not limited to bond marketing and procurement of federal 20 funds; 21 (9) prepare suggested guidelines relating to the content of notice of 22 bond sale advertisements, prospectuses, and other bonding matters issued by local 23 governments; 24 (10) administer state funds appropriated for the benefit of unorganized 25 regions within the state, allowing for maximum participation by local advisory 26 councils and similar bodies; 27 (11) as assigned through a delegation by the governor, administer and 28 implement the state's role in the federal community development quota program 29 established under 16 U.S.C. 1855(i) or a successor federal program; the department 30 may adopt regulations under a delegation from the governor to implement duties under 31 this paragraph;
01 (12) carry out those administrative functions in the unorganized 02 borough that the legislature may prescribe; 03 (13) study existing and proposed laws and state activities that affect 04 community and regional affairs and submit to the governor recommended changes in 05 those laws and activities; 06 (14) coordinate activities of the state that affect community and 07 regional affairs; 08 (15) assist in the development of new communities and serve as the 09 agent of the state for purposes of participation in federal programs relating to new 10 communities; 11 (16) supervise planning, management, and other activities required for 12 local eligibility for financial aid under those federal and state programs that provide 13 assistance to community and regional governments; 14 (17) advise and assist municipalities on procedures of assessment, 15 valuation, and taxation, and notify municipalities of major errors in those procedures; 16 (18) apply for, receive, and use funds from federal and other sources, 17 public or private, for use in carrying out the powers and duties of the department; 18 (19) request and utilize the resources of other agencies of state 19 government in carrying out the purposes of this chapter to the extent the utilization is 20 more efficient than maintaining departmental staff, reimbursing the other agencies 21 when appropriate; 22 (20) administer state and, as appropriate, federal programs for revenue 23 sharing, community assistance, grants, and other forms of financial assistance to 24 community and regional governments; 25 (21) administer the state programs relating to commerce or community 26 development, enforce the laws relating to these programs, and adopt regulations under 27 these laws; 28 (22) register corporations; 29 (23) collect corporation franchise taxes; 30 (24) enforce state laws regulating public utilities and other public 31 service enterprises, [BANKING AND] securities, [INSURANCE,] and other
01 businesses and enterprises touched with a public interest; 02 (25) [MAKE VETERANS' LOANS; 03 (26)] furnish the budgeting, clerical, and administrative services for 04 regulatory agencies and professional and occupational licensing boards not otherwise 05 provided for; 06 (26) [(27)] conduct studies, enter into contracts and agreements, and 07 make surveys relating to the economic development of the state and, when 08 appropriate, assemble, analyze, and disseminate the findings obtained; 09 (27) [(28)] provide factual information and technical assistance for 10 potential industrial and commercial investors; 11 (28) [(29)] receive gifts, grants, and other aid that facilitate the powers 12 and duties of the department from agencies and instrumentalities of the United States 13 or other public or private sources; 14 (29) [(30)] establish and activate programs to achieve balanced 15 economic development in the state and advise the governor on economic development 16 policy matters; 17 (30) [(31)] formulate a continuing program for basic economic 18 development and for the necessary promotion, planning, and research that will 19 advance the economic development of the state; 20 (31) [(32)] cooperate with private, governmental, and other public 21 institutions and agencies in the execution of economic development programs; 22 (32) [(33)] review the programs and annual reports of other 23 departments and agencies as they are related to economic development and prepare an 24 annual report on the economic growth of the state; 25 (33) [(34)] administer [THE] economic development programs [OF 26 THE STATE]; 27 (34) [(35)] perform all other duties and powers necessary or proper in 28 relation to economic development and planning for the state; 29 (35) [(36)] request tourism-related businesses in the state to provide 30 data regarding occupancy levels, traffic flow and gross receipts and to participate in 31 visitor surveys conducted by the department; data collected under this paragraph that
01 discloses the particulars of an individual business is not a matter of public record and 02 shall be kept confidential; however, this restriction does not prevent the department 03 from using the data to formulate tourism economic impact information including 04 expenditure patterns, tax receipts and fees, employment and income attributable to 05 tourism, and other information considered relevant to the planning, evaluation, and 06 policy direction of tourism in the state; 07 (36) [(37)] provide administrative and budgetary services to the Real 08 Estate Commission under AS 08.88 as requested by the commission; 09 (37) [(38)] sell at cost, to the extent possible, publications and 10 promotional materials developed by the department; 11 (38) [(39)] as delegated by the governor, administer under 16 U.S.C. 12 1856 the internal waters foreign processing permit procedures and collect related fees; 13 (39) [(40)] administer state laws relating to the issuance of business 14 licenses; 15 (40) [(41)] comply with AS 15.07.055 to serve as a voter registration 16 agency to the extent required by state and federal law, including 52 U.S.C. 20501 [42 17 U.S.C. 1973gg] (National Voter Registration Act of 1993); 18 (41) [(42)] carry out other functions and duties, consistent with law, 19 necessary or appropriate to accomplish the purpose of this chapter; 20 (42) [(43)] administer the Alaska BIDCO assistance program under 21 AS 37.17.500 - 37.17.690 and adopt regulations to carry out the provisions of those 22 statutes; 23 (43) [(44)] supply necessary clerical and administrative services for the 24 Alcoholic Beverage Control Board and the Marijuana Control Board. 25 * Sec. 86. AS 44.33.780 is amended to read: 26 Sec. 44.33.780. Definitions. In AS 44.33.755 - 44.33.780 [AS 44.33.740 - 27 44.33.780], 28 (1) "commissioner" means the commissioner of commerce, 29 community, and economic development; 30 (2) "department" means the Department of Commerce, Community, 31 and Economic Development.
01 * Sec. 87. AS 44.37.030 is amended by adding a new subsection to read: 02 (b) The director of agriculture shall be appointed to the partially exempt 03 service by the commissioner of natural resources. The director may be removed by the 04 commissioner at any time, and the office shall remain vacant until a new director is 05 appointed under this subsection. 06 * Sec. 88. AS 44.37 is amended by adding new sections to read: 07 Article 4. Alaska Minerals Commission. 08 Sec. 44.37.230. Alaska Minerals Commission established. (a) The Alaska 09 Minerals Commission is established in the Department of Natural Resources. 10 (b) The commission is composed of 11 members. The commission shall be 11 composed of individuals who have at least five years of experience in the various 12 aspects of the minerals industries in the state. The governor shall appoint five 13 members of the commission, one of whom shall reside in a rural community. The 14 president of the senate shall appoint three members of the commission. The speaker of 15 the house of representatives shall appoint three members of the commission. Each 16 member serves at the pleasure of the appointing authority. 17 (c) The commission shall make recommendations to the governor and to the 18 legislature on ways to mitigate the constraints, including governmental constraints, on 19 development of minerals in the state, including coal. 20 (d) The commission shall report its recommendations to the governor each 21 year during the first 10 days of the regular session of the legislature. The commission 22 shall deliver the report to the senate secretary and the chief clerk of the house of 23 representatives and notify the legislature that the report is available. 24 (e) Members of the commission are appointed for staggered terms of three 25 years. Except as provided in AS 39.05.080(4), a member of the commission serves 26 until a successor is appointed, and an appointment to fill a vacancy on the commission 27 is for the remainder of the unexpired term. A member who has served all or part of 28 two successive terms on the commission may not be reappointed to the commission 29 unless three years have elapsed since the individual last served on the commission. 30 (f) The commission shall elect two of its members to serve as chair and vice- 31 chair. When a vacancy occurs in the office of chair or vice-chair, the commission shall
01 elect one of its members to serve the remaining term as chair or vice-chair. The term 02 as chair or vice-chair is for three years. The chair and vice-chair may not be elected to 03 more than two successive terms as chair or vice-chair. After three years of not serving 04 as chair or vice-chair, the member is eligible for election as chair or vice-chair again. 05 Article 5. Alaska Forest Products Research and Marketing Program. 06 Sec. 44.37.240. Alaska forest products research and marketing program. 07 (a) The Alaska forest products research and marketing program is established in the 08 Department of Natural Resources. 09 (b) The program is established to provide a statewide information 10 clearinghouse and coordinator to gather and disseminate information relating to 11 research and development, including technical, logistical, financing, marketing, and 12 other relevant information regarding the manufacture of specific value-added wood 13 products and the establishment of new high-value-added manufacturing facilities in 14 the state, and to assist in coordinating existing research and development efforts by 15 state and federal agencies and other public and private entities. 16 (c) The program coordinator shall identify unfilled needs and problems 17 impeding the development of a high value-added wood products industry in the state, 18 gather information and conduct analyses, and propose solutions by exploring 19 successful models in other states and nations. 20 * Sec. 89. AS 44.66.010(a)(11) is amended to read: 21 (11) Alaska Tourism Marketing Board (AS 44.19.736) 22 [(AS 44.33.136)] - June 30, 2018; 23 * Sec. 90. AS 44.81.275(d) is amended to read: 24 (d) In this section, 25 (1) "commissioner" means the commissioner of revenue 26 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 27 (2) "department" means the Department of Revenue [COMMERCE, 28 COMMUNITY, AND ECONOMIC DEVELOPMENT]. 29 * Sec. 91. AS 44.83.020 is amended to read: 30 Sec. 44.83.020. Creation of authority. There is created the Alaska Energy 31 Authority. The authority is a public corporation of the state in the Department of
01 Revenue [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] but 02 with separate and independent legal existence. 03 * Sec. 92. AS 44.88.020 is amended to read: 04 Sec. 44.88.020. Creation of authority. There is created the Alaska Industrial 05 Development and Export Authority. The authority is a public corporation of the state 06 and a body corporate and politic constituting a political subdivision within the 07 Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 08 DEVELOPMENT], but with separate and independent legal existence. 09 * Sec. 93. AS 45.65.020(a) is amended to read: 10 (a) The Office of the Governor [COMMISSIONER OF COMMERCE, 11 COMMUNITY, AND ECONOMIC DEVELOPMENT] is responsible for the 12 administration of the provisions of AS 45.65.010 - 45.65.070 relating to the emblem 13 that is authorized under AS 45.65.010(b), including 14 (1) the supervision of the use of the emblem; 15 (2) subject to AS 45.65.030(c), the design, issuance, and control of 16 emblems; 17 (3) the issuance of permits to agents to issue permits to use the 18 emblems; and 19 (4) the enforcement of AS 45.65.010 - 45.65.070 regarding the 20 emblem authorized under AS 45.65.010(b). 21 * Sec. 94. AS 45.65.030(c) is amended to read: 22 (c) The official emblem for an article that is made in the state is a design 23 approved by the Office of the Governor [COMMISSIONER] under 24 AS 45.65.020(a)(2) that depicts a mother bear with a cub and states the words "Made 25 in Alaska." 26 * Sec. 95. AS 45.65.045 is amended to read: 27 Sec. 45.65.045. Emblem and emblem agent permits. (a) The emblem 28 authorized under AS 45.65.010(b) may not be used without receiving a permit from 29 the Office of the Governor [COMMISSIONER] or from an agent who possesses a 30 current permit under (b) of this section. 31 (b) A resident of the state may apply to the Office of the Governor
01 [COMMISSIONER] for a permit to act as an agent to issue permits to use the emblem. 02 An agent may report alleged violations of AS 45.65.010 - 45.65.070 regarding 03 emblems to the Office of the Governor [COMMISSIONER]. 04 (c) The Office of the Governor [COMMISSIONER] shall establish forms 05 and fees for the applications and permits to be used or issued under this section, the 06 period for which the permits are valid, and the procedures for renewing the permits. 07 (d) Before issuing a permit for an article under this section, the Office of the 08 Governor [COMMISSIONER] or the agent shall determine that the article is eligible 09 for the emblem. 10 * Sec. 96. AS 45.81.050 is amended to read: 11 Sec. 45.81.050. Definition. For purposes of AS 45.81.010 - 45.81.050, 12 "department" means the Department of Revenue [COMMERCE, COMMUNITY, 13 AND ECONOMIC DEVELOPMENT]. 14 * Sec. 97. AS 45.81.100(a) is amended to read: 15 (a) There is created in the Department of Revenue [COMMERCE, 16 COMMUNITY, AND ECONOMIC DEVELOPMENT] a tourism revolving fund. All 17 principal and interest payments, and money chargeable to principal or interest that is 18 collected through liquidation by foreclosure or other process on loans made under 19 AS 45.81.100 - 45.81.190, shall be paid into the tourism revolving fund. 20 * Sec. 98. AS 45.81.110(b) is amended to read: 21 (b) The commissioner of revenue [COMMERCE, COMMUNITY, AND 22 ECONOMIC DEVELOPMENT] may expend money credited to the foreclosure 23 expense account when necessary to protect the state's security interest in collateral on 24 loans made under AS 45.81.120 or to defray expenses incurred during foreclosure 25 proceedings after a default by an obligor. 26 * Sec. 99. AS 45.81.140(a) is amended to read: 27 (a) The commissioner of revenue [COMMERCE, COMMUNITY, AND 28 ECONOMIC DEVELOPMENT] may sell or transfer at par value or at a premium or 29 discount to any bank or other private purchaser for cash or other consideration the 30 mortgages and notes held by the Department of Revenue [COMMERCE, 31 COMMUNITY, AND ECONOMIC DEVELOPMENT] as security for loans made
01 under AS 45.81.100 - 45.81.190. 02 * Sec. 100. AS 45.81.190 is amended to read: 03 Sec. 45.81.190. Disposal of property acquired by default or foreclosure. 04 The Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 05 DEVELOPMENT] shall dispose of property acquired through default or foreclosure 06 of a loan made under AS 45.81.100 - 45.81.190. Disposal shall be made in a manner 07 that serves the best interests of the state, and may include the amortization of 08 payments over a period of years. 09 * Sec. 101. AS 45.81.200(a) is amended to read: 10 (a) The Department of Revenue [COMMERCE, COMMUNITY, AND 11 ECONOMIC DEVELOPMENT] shall formulate general policies and adopt 12 regulations necessary to carry out the provisions of AS 45.81.200 - 45.81.290, 13 including regulations to establish fees for services provided and charges for collecting 14 the fees. The department may collect the fees and collection charges established. 15 * Sec. 102. AS 45.81.220(a) is amended to read: 16 (a) The commissioner may sell or transfer at par value or at a premium or 17 discount to any bank or other private purchaser for cash or other consideration the 18 mortgages and notes held by the Department of Revenue [COMMERCE, 19 COMMUNITY, AND ECONOMIC DEVELOPMENT] as security for loans made 20 under AS 45.81.200 - 45.81.290. 21 * Sec. 103. AS 45.81.230 is amended to read: 22 Sec. 45.81.230. Disposal of property acquired by default or foreclosure. 23 The Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 24 DEVELOPMENT] shall dispose of property acquired through default or foreclosure 25 of a loan made under AS 45.81.200 - 45.81.290. Disposal shall be made in a manner 26 that serves the best interests of the state, and may include the amortization of 27 payments over a period of years. 28 * Sec. 104. AS 45.81.260 is amended to read: 29 Sec. 45.81.260. Eligibility for loans. A person is eligible for a loan under 30 AS 45.81.200 - 45.81.290 if 31 (1) the person can establish or demonstrate good character, capacity
01 for financial responsibility, ability to provide sufficient collateral and knowledge of 02 Alaska economic conditions; 03 (2) the person is a resident of the state; and 04 (3) [IN THE JUDGMENT OF] the Department of Revenue 05 determines [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] 06 (A) the business shows a definite potential for growth; 07 (B) the borrower will be able to repay the loan; and 08 (C) the loan will potentially create more jobs and provide 09 additional services in the community. 10 * Sec. 105. AS 45.81.290 is amended to read: 11 Sec. 45.81.290. Definition. In AS 45.81.200 - 45.81.290, "commissioner" 12 means the commissioner of revenue [COMMERCE, COMMUNITY, AND 13 ECONOMIC DEVELOPMENT]. 14 * Sec. 106. AS 45.88.010(a) is amended to read: 15 (a) There is established in the Department of Revenue [COMMERCE, 16 COMMUNITY, AND ECONOMIC DEVELOPMENT] the alternative energy 17 conservation revolving loan fund to carry out the purposes of AS 45.88.010 - 18 45.88.090. Loans made under AS 45.88.010 - 45.88.090 are to be used 19 (1) to develop means of energy production utilizing one or more 20 alternative energy systems; and 21 (2) to purchase, construct, and install energy conservation 22 improvements in commercial buildings. 23 * Sec. 107. AS 45.88.015(b) is amended to read: 24 (b) The commissioner of revenue [COMMERCE, COMMUNITY, AND 25 ECONOMIC DEVELOPMENT] may expend money credited to the foreclosure 26 expense account when necessary to protect the state's security interest in collateral on 27 loans made under AS 45.88.020 or to defray expenses incurred during foreclosure 28 proceedings after a default by an obligor. 29 * Sec. 108. AS 45.88.050 is amended to read: 30 Sec. 45.88.050. Disposal of property acquired by default or foreclosure. 31 The Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC
01 DEVELOPMENT] shall dispose of property acquired through default or foreclosure 02 of a loan made under AS 45.88.010 - 45.88.090. Disposal shall be made in a manner 03 that serves the best interests of the state, and may include the amortization of 04 payments over a period of years. 05 * Sec. 109. AS 45.88.100(a) is amended to read: 06 (a) There is established in the Department of Revenue [COMMERCE, 07 COMMUNITY, AND ECONOMIC DEVELOPMENT] the residential energy 08 conservation fund to carry out the purposes of AS 45.88.100 - 45.88.190. Loans and 09 grants made under AS 45.88.100 - 45.88.190 may be used to purchase, construct, and 10 install an energy conservation improvement in residential buildings. 11 * Sec. 110. AS 45.88.190(1) is amended to read: 12 (1) "commissioner" means the commissioner of revenue 13 [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT]; 14 * Sec. 111. AS 45.88.190(2) is amended to read: 15 (2) "department" means the Department of Revenue [COMMERCE, 16 COMMUNITY, AND ECONOMIC DEVELOPMENT]; 17 * Sec. 112. AS 45.98.010(a) is amended to read: 18 (a) There is created in the Department of Revenue [COMMERCE, 19 COMMUNITY, AND ECONOMIC DEVELOPMENT] a historical district revolving 20 loan fund. All principal and interest payments, and money chargeable to principal or 21 interest that is collected through liquidation by foreclosure or other process on loans 22 made under this chapter, shall be paid into the historical district revolving loan fund. 23 * Sec. 113. AS 45.98.015(b) is amended to read: 24 (b) The commissioner of revenue [COMMERCE, COMMUNITY, AND 25 ECONOMIC DEVELOPMENT] may expend money credited to the foreclosure 26 expense account when necessary to protect the state's security interest in collateral on 27 loans made under this chapter, or to defray expenses incurred during foreclosure 28 proceedings after a default by an obligor. 29 * Sec. 114. AS 45.98.020 is amended to read: 30 Sec. 45.98.020. Historical district loans. Upon endorsement and plan 31 approval by a local historical district commission established under AS 29.55.010 or
01 former AS 29.48.108 and the recommendation of a majority of the members of the 02 Alaska Historical Commission, the Department of Revenue [COMMERCE, 03 COMMUNITY, AND ECONOMIC DEVELOPMENT] may make loans to a person, 04 firm, business, or municipality subject to applicable laws for the restoration, 05 improvement, rehabilitation, or maintenance of a structure that is 06 (1) within the boundaries of a historical district established under 07 AS 29.55.020 or former AS 29.48.110 and identified as important in state or national 08 history as provided for in AS 29.55.020(b) or former AS 29.48.110(b); or 09 (2) a building or structure within a historical district, that is suitable for 10 superficial modification so that it can conform to the period or motif of the 11 surrounding buildings or structures that are the reason for the area's designation as a 12 historical district. 13 * Sec. 115. AS 45.98.030 is amended to read: 14 Sec. 45.98.030. Powers and duties of the department. For purposes of 15 administering this chapter, the Department of Revenue [COMMERCE, 16 COMMUNITY, AND ECONOMIC DEVELOPMENT] may 17 (1) prescribe the form and procedure for submitting loan applications 18 under this chapter; 19 (2) designate agents and delegate powers to them as is necessary; 20 (3) in consultation with the Alaska Historical Commission, adopt 21 regulations necessary to carry out its functions, including regulations for the process of 22 plan approval by the commission and regulations to establish reasonable fees for 23 services provided and charges for collecting the fees; 24 (4) establish amortization plans for the repayment of loans not to 25 exceed 30 years; 26 (5) collect the fees and collection charges established under this 27 section. 28 * Sec. 116. AS 45.98.050(a) is amended to read: 29 (a) The commissioner of revenue [COMMERCE, COMMUNITY, AND 30 ECONOMIC DEVELOPMENT] or a designee of the commissioner may sell or 31 transfer at par value or at a premium or discount to any bank or other private purchaser
01 for cash or other consideration the mortgages and notes held by the Department of 02 Revenue [COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] as 03 security for loans made under this chapter. 04 * Sec. 117. AS 45.98.055 is amended to read: 05 Sec. 45.98.055. Disposal of property acquired by default or foreclosure. 06 The Department of Revenue [COMMERCE, COMMUNITY, AND ECONOMIC 07 DEVELOPMENT] shall dispose of property acquired through default or foreclosure 08 of a loan made under this chapter. Disposal shall be made in a manner that serves the 09 best interests of the state, and may include the amortization of payments over a period 10 of years. 11 * Sec. 118. AS 45.98.060 is amended to read: 12 Sec. 45.98.060. Penalty provision. After a project for which a loan is granted 13 is commenced, if the Department of Revenue [COMMERCE, COMMUNITY, AND 14 ECONOMIC DEVELOPMENT] or a local historical district commission, in 15 consultation with the Alaska Historical Commission, determines that the project is 16 inconsistent with the guidelines or stipulations for construction, or otherwise fails to 17 conform to the requirements of the loan, the interest rate on the state's share of the 18 loan shall be increased to the highest rate of interest allowed at that time as provided 19 in AS 45.45.010. In addition, a penalty in the amount of two percent of the balance of 20 the loan shall be assessed by the Department of Revenue [COMMERCE, 21 COMMUNITY, AND ECONOMIC DEVELOPMENT]. 22 * Sec. 119. AS 46.04.040(e) is amended to read: 23 (e) Financial responsibility may be demonstrated by (1) self-insurance, (2) 24 insurance, (3) surety, (4) guarantee, (5) letter of credit approved by the department, or 25 (6) other proof of financial responsibility approved by the department, including proof 26 of financial responsibility provided by a group of insureds who have agreed to cover 27 pollution risks of members of the group under terms the department may prescribe. An 28 action brought under AS 46.03.758, 46.03.759, 46.03.760(a) or (d), 46.03.822, or 29 AS 46.04.030(g) may be brought in a state court directly against the insurer, the group, 30 or another person providing evidence of financial responsibility; however, the liability 31 under this section of a third-party insurer is limited to the type of risk assumed and the
01 amount of coverage specified in the proof of financial responsibility furnished to and 02 approved by the department. The applicant, and an insurer, surety, guarantor, person 03 furnishing an approved letter of credit, or other group or person providing proof of 04 financial responsibility approved by the department shall appoint an agent for service 05 of process in the state. For purposes of this subsection, an insurer, other than a group 06 of insureds whose agreement has been approved by the department, must either be 07 authorized by the Department of Revenue [COMMERCE, COMMUNITY, AND 08 ECONOMIC DEVELOPMENT] to sell insurance in the state or be an unauthorized 09 insurer listed by the Department of Revenue [COMMERCE, COMMUNITY, AND 10 ECONOMIC DEVELOPMENT] as not disapproved for use in the state. In this 11 subsection, "third-party insurer" means a third-party insurer, surety, guarantor, person 12 furnishing a letter of credit, or other group or person providing proof of financial 13 responsibility on behalf of an applicant under this section; "third-party insurer" does 14 not include the applicant. 15 * Sec. 120. AS 46.04.055(d) is amended to read: 16 (d) Notwithstanding the requirements of AS 46.04.040(e) and (l) and 17 46.04.047, for purposes of (a) of this section, an applicant may provide evidence of 18 financial responsibility by proof of entry of the nontank vessel in a protection and 19 indemnity association or proof of coverage with another insurer that 20 (1) is financially solvent and has a favorable history of claim handling; 21 (2) provides coverage against pollution risks in at least the amount of 22 the financial responsibility required under (a) of this section without any requirement 23 for a special endorsement; 24 (3) does not agree to be subject to direct action in court or to 25 appointment of an agent for service of process; and 26 (4) in the case of a protection and indemnity association or group of 27 insureds, is not authorized by the Department of Revenue [COMMERCE, 28 COMMUNITY, AND ECONOMIC DEVELOPMENT] to sell insurance in the state 29 so long as it is not listed by the Department of Revenue [COMMERCE, 30 COMMUNITY, AND ECONOMIC DEVELOPMENT] as being disapproved for use 31 in the state.
01 * Sec. 121. Section 1, ch. 12, SLA 1998, as amended by sec. 1, ch. 17, SLA 2003, and sec. 02 2, ch. 34, SLA 2013, is amended to read: 03 Section 1. AS 44.37.230 [AS 44.33.431] is repealed February 1, 2024. 04 * Sec. 122. Section 2, ch. 15, SLA 2008, is amended to read: 05 Sec. 2. AS 44.25.200, 44.25.210, 44.25.220, 44.25.230, 44.25.240, 44.25.250, 06 44.25.260, and 44.25.270 [AS 44.33.650, 44.33.655, 44.33.660, 44.33.665, 44.33.670, 07 44.33.675, 44.33.680, AND 44.33.690] are repealed. 08 * Sec. 123. AS 03.09.020(b); AS 37.06.020(i); AS 42.45.299(2); AS 44.25.048(1); 09 AS 44.33.119, 44.33.120, 44.33.135, 44.33.136, 44.33.231, 44.33.240, 44.33.242, 44.33.245, 10 44.33.255, 44.33.260, 44.33.270, 44.33.272, 44.33.275, 44.33.431, 44.33.650, 44.33.655, 11 44.33.660, 44.33.665, 44.33.670, 44.33.675, 44.33.680, 44.33.690, 44.33.740, 44.33.745, 12 44.33.750, 44.33.900; and AS 45.65.070(4) are repealed. 13 * Sec. 124. The uncodified law of the State of Alaska is amended by adding a new section 14 to read: 15 ALASKA TOURISM MARKETING BOARD. Notwithstanding the repeal of 16 AS 44.33.136 under sec. 123 of this Act, all persons who are members of the Alaska Tourism 17 Marketing Board established under AS 44.33.136 immediately before the effective date of 18 AS 44.19.736, added by sec. 77 of this Act, may continue to serve as members of the Alaska 19 Tourism Marketing Board created by AS 44.19.736, added by sec. 77 of this Act, until their 20 terms expire. 21 * Sec. 125. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 ALASKA MINERALS COMMISSION. Notwithstanding the repeal of AS 44.33.431 24 under sec. 123 of this Act, all persons who are members of the Alaska Minerals Commission 25 established under AS 44.33.431 immediately before the effective date of AS 44.37.230, added 26 by sec. 88 of this Act, may continue to serve as members of the Alaska Minerals Commission 27 created by AS 44.37.230, added by sec. 88 of this Act, until their terms expire. 28 * Sec. 126. The uncodified law of the State of Alaska is amended by adding a new section 29 to read: 30 TRANSITIONAL PROVISIONS. (a) Litigation, hearings, investigations, and other 31 proceedings pending in connection with functions transferred by this Act continue in effect
01 and may be completed under the applicable statute or regulation as the statute or regulation 02 read on the day before the effective date of secs. 1 - 126 of this Act notwithstanding a transfer 03 provided for in this Act. 04 (b) Certificates, orders, and regulations in effect immediately before the effective date 05 of a law affected by this Act that were issued or adopted under authority of a law amended or 06 repealed by this Act remain in effect for the term issued and shall be enforced by the agency 07 to which the function is transferred under this Act until revoked, vacated, or amended by the 08 agency to which the function is transferred. 09 (c) Contracts, rights, liabilities, and obligations created by or under a law repealed or 10 amended by this Act, and in effect on the day before the effective date of the repeal or 11 amendment, remain in effect notwithstanding this Act's taking effect. 12 (d) Records, equipment, appropriations, and other property of an agency of the state 13 whose functions are transferred under this Act shall be transferred to implement the 14 provisions of this Act. 15 (e) On the effective date of secs. 1 - 126 of this Act, employees in the Department of 16 Commerce, Community, and Economic Development whose duties have been transferred to 17 (1) the Department of Revenue under this Act shall be transferred to the 18 Department of Revenue; 19 (2) the Office of the Governor under this Act shall be transferred to the Office 20 of the Governor; 21 (3) the Department of Natural Resources under this Act shall be transferred to 22 the Department of Natural Resources. 23 * Sec. 127. The uncodified law of the State of Alaska is amended by adding a new section 24 to read: 25 REGULATIONS. (a) The Department of Commerce, Community, and Economic 26 Development, the Department of Natural Resources, the Office of the Governor, and the 27 Department of Revenue may adopt regulations necessary to implement the changes made by 28 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act) but not 29 before the effective date of the corresponding statute. 30 (b) Notwithstanding sec. 67, ch. 41, SLA 2016, the Department of Revenue may 31 adopt regulations necessary to implement sec. 63, ch. 41, SLA 2016, except that the effective
01 date of the regulations may not be earlier than the effective date of sec. 63, ch. 41, SLA 2016. 02 * Sec. 128. Section 127 of this Act takes effect immediately under AS 01.10.070(c).