Enrolled SB 49: Making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date.
00Enrolled SB 49 01 Making corrective amendments to the Alaska Statutes as recommended by the revisor of 02 statutes; and providing for an effective date. 03 _______________ 04 * Section 1. AS 02.15.230(a) is amended to read: 05 (a) The commissioner and those officers and employees of the department 06 whom [WHO] the commissioner may designate have general police powers in aid of 07 the enforcement of this chapter [,] and the regulations and orders issued under it and 08 all other laws of the state relating to aeronautics. 09 * Sec. 2. AS 04.11.494(e) is amended to read: 10 (e) A person is disqualified as described under (b)(9) of this section due to the 11 person's criminal record if fewer [LESS] than 12 (1) two years have [HAS] elapsed from the person's unconditional 13 discharge due to a conviction or adjudication as a delinquent for any of the following 14 offenses or a law or ordinance from another jurisdiction with similar elements:
01 (A) driving while under the influence of an alcoholic 02 beverage, inhalant, or controlled substance [INTOXICATED] under 03 AS 28.35.030 or refusal to submit to a chemical test under AS 28.35.032; or 04 (B) a crime involving domestic violence, as that term is defined 05 under AS 18.66.990, or violating a protective order under AS 11.56.740; 06 (2) five years have [HAS] elapsed from the person's unconditional 07 discharge due to a conviction or adjudication as a delinquent for any of the following 08 offenses or a law or ordinance from another jurisdiction with similar elements: 09 (A) a felony violation or a felony attempt to commit a violation 10 of AS 11.41; or 11 (B) a misdemeanor violation of or a misdemeanor attempt to 12 violate a provision in this title; or 13 (3) 10 years have [HAS] elapsed from the person's unconditional 14 discharge due to a conviction or adjudication as a delinquent for a felony violation or a 15 felony attempt to violate a provision of this title or a law or ordinance from another 16 jurisdiction with similar elements. 17 * Sec. 3. AS 06.01.028(a)(4) is amended to read: 18 (4) made to a consumer reporting agency regulated under 15 U.S.C. 19 1681 - 1681v [15 U.S.C. 1681 - 1681u] (Fair Credit Reporting Act); or 20 * Sec. 4. AS 06.26.190(a) is amended to read: 21 (a) A trust company and an interstate state trust company or an international 22 [NATIONAL] trust company maintaining a trust office under AS 06.26.810 - 23 06.26.895 may close on the legal holidays described in AS 44.12.010 - 44.12.025. A 24 notice of holiday closings shall be made available to the trust company's customers by 25 mail, by the Internet, or by other means. 26 * Sec. 5. AS 06.26.610(a)(5) is amended to read: 27 (5) an inquiry has been made by a state financial institution, or by a 28 credit-reporting agency regulated under 15 U.S.C. 1681 - 1681v [15 U.S.C. 1681 - 29 1681u] (Fair Credit Reporting Act) solely for the express purpose of determining the 30 credit worthiness of the customer as an applicant for credit, and the information 31 disclosed by the trust company, state financial institution, or credit-reporting agency
01 relates only to the payment habits of the customer in connection with loans or other 02 credit accommodations and does not pertain to records concerning deposit balances in 03 savings or checking accounts. 04 * Sec. 6. AS 08.13.080(b) is amended to read: 05 (b) An applicant for [THE BOARD SHALL ISSUE] a license to practice 06 manicuring shall [TO AN APPLICANT WHO] 07 (1) submit [SUBMITS] documentation that the applicant has 08 completed a course of 12 hours of instruction or training approved by the board that 09 addresses health, safety, and hygiene concerns of manicuring customers and 10 practitioners that are relevant to the practice of manicuring from a school licensed 11 under AS 08.13.110 as a school of manicuring; documentation of completion of the 12 course must include certification from the school that the applicant has passed a test 13 given by the school covering the health, safety, and hygiene concerns of manicuring 14 customers and practitioners that are relevant to the practice of manicuring; and 15 (2) pay [PAYS] the appropriate fee. 16 * Sec. 7. AS 08.13.080(c) is amended to read: 17 (c) An applicant for [THE BOARD SHALL ADD] an endorsement to a 18 license to practice manicuring or hairdressing indicating that the person is an advanced 19 manicurist shall [IF THE PERSON] 20 (1) hold [HOLDS], or be [HAS BEEN] approved for, a current license 21 issued under this chapter for manicuring or hairdressing; 22 (2) request [REQUESTS] the endorsement; 23 (3) submit [SUBMITS] documentation from a licensed school of 24 manicuring or hairdressing certifying completion of 250 hours of instruction in 25 manicuring that meet the requirements of AS 08.13.110(c); 26 (4) pass [PASSES] an examination given by the board for advanced 27 manicurists; and 28 (5) pay [PAYS] the appropriate fee. 29 * Sec. 8. AS 08.13.100(a) is amended to read: 30 (a) The board shall authorize the issuance of a license for the practice of 31 barbering, hairdressing, or esthetics to each qualified applicant who has passed an
01 examination under AS 08.13.090. The board shall authorize the issuance of a 02 license to practice manicuring to each applicant who has satisfied the 03 requirements of AS 08.13.080(b). The board shall authorize the issuance of an 04 endorsement to a license to practice manicuring or hairdressing indicating that 05 the person is an advanced manicurist to each applicant who has satisfied the 06 requirements of AS 08.13.080(c). The board shall authorize the issuance of a license 07 for the practice of tattooing and permanent cosmetic coloring or for body piercing to 08 each applicant who has satisfied the requirements of AS 08.13.080(d). 09 * Sec. 9. AS 08.36.110(1)(F) is amended to read: 10 (F) is not the subject of an adverse report from the National 11 Practitioner Data Bank or the American Association of Dental Examiners 12 Clearinghouse for Board Actions [DISCIPLINARY INFORMATION] that 13 relates to criminal or fraudulent activity, or dental malpractice; 14 * Sec. 10. AS 08.36.234(a)(1)(J) is amended to read: 15 (J) is not the subject of an adverse report from the National 16 Practitioner Data Bank or the American Association of Dental Examiners 17 Clearinghouse for Board Actions [DISCIPLINARY INFORMATION] that 18 relates to criminal or fraudulent activity, negligent dental care, or malpractice; 19 * Sec. 11. AS 09.30.310 is amended to read: 20 Sec. 09.30.310. Recordation of acknowledgment of satisfaction. If a 21 certified copy of the judgment has been recorded with the recorder of any recording 22 district, as provided in AS 09.30.010, then the acknowledgment required under 23 AS 09.30.300 must [SHALL] identify the book and page of the official record in 24 which the judgment has been recorded or the serial number assigned to the 25 judgment by the recorder and show the full name of the judgment debtor as it 26 appears upon the judgment recorded. 27 * Sec. 12. AS 09.50.390 is amended to read: 28 Sec. 09.50.390. Nature of state interest. A complaint or pleading naming the 29 State of Alaska as a defendant must set out, with such particularity as reasonably 30 available information will permit, the nature of the interest or lien of the state. In 31 actions or suits involving liens of the state, the complaint or pleading must include the
01 name and address, if known, of the person whose liability created the lien and, if a 02 notice of the lien was recorded, the amount shown on the lien, the department of the 03 state government involved, the recording district, and the book and page on which the 04 lien was recorded or the serial number assigned to the lien by the recorder. 05 * Sec. 13. AS 09.65.170(c)(2) is amended to read: 06 (2) "regional development organization" means a nonprofit 07 organization or nonprofit corporation formed to encourage economic 08 development within a particular region of the state that includes the entire area 09 of each municipality within that region and that has a board of directors that 10 represents the region's economic, political, and social interests [HAS THE 11 MEANING GIVEN IN AS 44.33.895]. 12 * Sec. 14. AS 10.06.580(a) is amended to read: 13 (a) If the corporation fails to make the offer required by AS 10.06.578(a) or 14 the shareholder rejects the offer within the 30-day period specified in AS 10.06.578(f), 15 (1) the corporation shall, within 20 days after the expiration of the 30- 16 day period specified in AS 10.06.578(f), file a petition in the court of the judicial 17 district where the registered office of the corporation is located, requesting that the fair 18 value of the shares be determined; if, in the case of a merger or consolidation, the 19 surviving or new corporation is a foreign corporation without a registered office in the 20 state, the petition shall be filed in the judicial district where the registered office of the 21 domestic corporation was last located; or 22 (2) if the corporation fails to institute a proceeding as provided in this 23 section, a dissenting shareholder may institute a proceeding in the name of the 24 corporation; if a dissenting shareholder does not institute a proceeding within 30 days 25 after the expiration of the 20-day [10-DAY] period granted the corporation under (1) 26 of this subsection, the dissenter loses the dissenter's rights unless the superior court, 27 for good cause shown, otherwise directs. 28 * Sec. 15. AS 10.06.811(a) is amended to read: 29 (a) A biennial report of a domestic or foreign corporation shall be filed with 30 the department and is due before January 2 of the filing year. A domestic corporation 31 filing articles of incorporation and a foreign corporation receiving a certificate of
01 authority during an even-numbered year must file the biennial report each even- 02 numbered year. A domestic corporation filing articles of incorporation and a 03 foreign corporation receiving a certificate of authority [WITH THE 04 DEPARTMENT] during an odd-numbered year must file the biennial report each odd- 05 numbered year. The biennial report is delinquent if not filed before February 1 of 06 each odd or even year as provided in this section. Delinquent returns are subject to the 07 penalty in AS 10.06.815. 08 * Sec. 16. AS 10.06.833 is amended to read: 09 Sec. 10.06.833. Payments and filing for withdrawal of foreign 10 corporation. A [REGISTERED] foreign corporation that has been issued a 11 certificate of authority under AS 10.06.705 may withdraw from this state upon 12 payment of all biennial corporation taxes and penalties due at the time of desired 13 withdrawal and by filing with the department an application for a certificate of 14 withdrawal signed by its proper officers and under its corporate seal. The fee for 15 filing the application with the commissioner shall be established by the department by 16 regulation. 17 * Sec. 17. AS 10.20.460(1) is amended to read: 18 (1) maintaining or defending any action or suit or [OF] an 19 administrative or arbitration proceeding, or effecting its settlement or the settlement of 20 claims or disputes; 21 * Sec. 18. AS 10.25.220(b) is amended to read: 22 (b) The presiding officer executing the articles of amendment shall make and 23 annex to them an affidavit stating that the provisions of AS 10.25.210 and this section 24 regarding the amendment were complied with. 25 * Sec. 19. AS 10.30.060 is amended to read: 26 Sec. 10.30.060. Power to acquire and dispose of lands, and exemption 27 from execution, taxation, and public appropriation. A cemetery association or 28 nonprofit cemetery corporation may buy or take by gift or devise, and hold, land not 29 exceeding 80 acres, for the sole purpose of a cemetery. The land is exempt from 30 execution, and from any appropriation to public purposes, and from taxation if 31 intended to be used exclusively for burial purposes and in no way for the profit of the
01 members or trustees of the association or the directors [TRUSTEES], officers, or 02 employees of the corporation. 03 * Sec. 20. AS 10.40.110 is amended to read: 04 Sec. 10.40.110. Succession to property upon death, resignation, or 05 removal of person incorporated as corporation sole. In the event of the death or 06 resignation of the archbishop, bishop, president, trustee in trust, president of stake, 07 president of congregation, overseer, presiding elder, or member of the clergy, who has 08 formed a corporation under this chapter, or such a person's removal from office by the 09 person or body having removal authority, the successor in office as the corporation 10 sole is vested with the title of all property held by the successor's predecessor with the 11 same power and authority over the property, subject to all the legal liabilities and 12 obligations with reference to the property. The successor shall record in the office of 13 each recording district [PRECINCT] in which the corporation owns real property a 14 certificate of the successor's commission or certified copy of a letter of election or 15 appointment. 16 * Sec. 21. AS 10.45.133 is amended to read: 17 Sec. 10.45.133. Continuity of life. Unless the articles of incorporation 18 expressly provide otherwise, a professional corporation shall continue as a separate 19 entity independent of its shareholders [,] for all purposes and for the period of time 20 provided in the articles [,] or until dissolved by a vote of two-thirds of the 21 shareholders [MEMBERS]. A professional corporation shall continue 22 notwithstanding the death, insanity, incompetency, conviction for felony, resignation, 23 withdrawal, transfer of ownership of shares, retirement, or expulsion of any one or 24 more of the shareholders, the transfer of shares to a new shareholder, or the happening 25 of any other event that [, WHICH] under the law of this state [,] and under like 26 circumstances [,] would work a dissolution of a partnership. 27 * Sec. 22. AS 11.81.900(b)(58) is amended to read: 28 (58) "sexual penetration" [MEANS] 29 (A) means genital intercourse, cunnilingus, fellatio, anal 30 intercourse, or an intrusion, however slight, of an object or any part of a 31 person's body into the genital or anal opening of another person's body; each
01 party to any of the acts described in this subparagraph is considered to be 02 engaged in sexual penetration; 03 (B) [BUT "SEXUAL PENETRATION"] does not include acts 04 (i) performed for the purpose of administering a 05 recognized and lawful form of treatment that is reasonably adapted to 06 promoting the physical health of the person being treated; or 07 (ii) that are a necessary part of a search of a person 08 committed to the custody of the Department of Corrections or the 09 Department of Health and Social Services; 10 [(C) EACH PARTY TO ANY OF THE ACTS DEFINED AS 11 "SEXUAL PENETRATION" IS CONSIDERED TO BE ENGAGED IN 12 SEXUAL PENETRATION;] 13 * Sec. 23. AS 13.16.580 is amended to read: 14 Sec. 13.16.580. Purchasers from distributees protected. If property 15 distributed in kind or a security interest in it is acquired for value by a purchaser from 16 or lender to a distributee who has received an instrument or deed of distribution from 17 the personal representative, the purchaser or lender takes title free of rights of any 18 interested person in the estate and incurs no personal liability to the estate, or to any 19 interested person, whether or not the distribution was proper or supported by court 20 order and whether or not the authority of the personal representative was terminated 21 before execution of the instrument or deed. This section protects a purchaser from or 22 lender to a distributee who, as personal representative, executed the deed of 23 distribution, as well as a purchaser from or lender to any other distributee or transferee 24 of a distributee. To be protected under this provision, a purchaser or lender need not 25 inquire whether a personal representative acted properly in making the distribution in 26 kind, even if the personal representative and the distributee are the same person, or 27 whether the authority of the personal representative had terminated before the 28 distribution. Any instrument described in this section that [WHICH] is recorded 29 under AS 40.17 or filed under former AS 45.09 or under AS 45.29 and that 30 [WHICH] bears a notation of that recordation or filing is prima facie evidence that the 31 transfer described in it was made for value.
01 * Sec. 24. AS 14.03.075(g)(1), enacted by sec. 3, ch. 94, SLA 2001, is amended to read: 02 (1) "child with a disability" has the meaning given ["CHILDREN 03 WITH DISABILITIES"] in AS 14.30.350; 04 * Sec. 25. AS 14.11.008(a) is amended to read: 05 (a) In order to receive a grant under this chapter or an appropriation under 06 AS 37.05.560, a district must 07 (1) be 08 (A) a regional [RURAL] educational attendance area; 09 (B) a municipal school district and, as of June 30 of the 10 previous fiscal year, have a population of less than 1,000; or 11 (C) a municipal school district that operates schools on a 12 military reservation; and 13 (2) provide a percentage share of the project cost, as determined under 14 (b) or (c) of this section. A district shall provide the required participating share 15 within three years after the date that the appropriation bill funding the grant is passed 16 by the legislature. 17 * Sec. 26. AS 14.11.100(n) is amended to read: 18 (n) The total amount of school construction projects approved for 19 reimbursement by the department under (a)(8) or (9) of this section 20 (1) may not exceed $357,143,000; and 21 (2) after June 30, 1995, and until July 1, 2006, shall be allocated as 22 follows: 23 (A) $154,286,000 shall be allocated to projects in a 24 municipality with a public school enrollment of 25,000 or more students in 25 fiscal year 1998, as determined under former AS 14.17.160; 26 (B) $57,143,000 shall be allocated to projects in a municipality 27 with a public school enrollment of at least 15,000 but less than 25,000 students 28 in fiscal year 1998, as determined under former AS 14.17.160; 29 (C) $145,714,000 shall be allocated to projects in a 30 municipality with a public school enrollment of less than 15,000 students in 31 fiscal year 1998, as determined under former AS 14.17.160; allocations under
01 this subparagraph 02 (i) shall first be made to projects described under (a)(8) 03 of this section and then made to projects described under (a)(9) of this 04 section; and 05 (ii) may not exceed $16,000,000 to projects in a 06 municipality with a public school enrollment of less than 4,000 07 students in fiscal year 1998, as determined under former 08 AS 14.17.160. 09 * Sec. 27. AS 16.10.320(d) is amended to read: 10 (d) The total of balances outstanding on loans made to a borrower under 11 AS 16.10.310(a)(1)(A) may not exceed $300,000. The total of balances outstanding on 12 loans made to a borrower under AS 16.10.310(a)(1)(B) may not exceed $100,000. The 13 total balances outstanding on loans made to a borrower under AS 16.10.310(a)(1)(C) 14 may not exceed $300,000. Excluding loans made under AS 16.10.310(a)(1)(C), the 15 [THE] total of balances outstanding on all loans, including debt refinancing under 16 AS 16.10.310(a), made to a borrower under AS 16.10.300 - 16.10.370 may not exceed 17 $300,000. 18 * Sec. 28. AS 16.20.565 is amended to read: 19 Sec. 16.20.565. Egegik Critical Habitat Area established. The following 20 described area is established as the Egegik Critical Habitat Area: 21 (1) Township 24 South, Range 51 West, Seward Meridian 22 [(PROTRACTED)] 23 Sections 1 - 2 24 Section 11 S 1/2 25 Section 12 N 1/2; 26 (2) Township 23 South, Range 51 West, Seward Meridian 27 [(PROTRACTED)] 28 Section 13 29 Sections 24 - 25 30 Sections 35 - 36; 31 (3) Township 23 South, Range 50 West, Seward Meridian
01 [(PROTRACTED)] 02 Section 7 03 Sections 18 - 19 04 Section 30 05 Section 31 (not tide or submerged land). 06 * Sec. 29. AS 18.07.111(3) is amended to read: 07 (3) "commencement of activities" means the visible commencement of 08 actual operations on the ground for the construction of a building, the alteration of the 09 bed capacity of a health care facility, or the provision for a [OR DELETION OF AN 10 EXISTING] category of health services to consumers, which operations are readily 11 recognizable as such, and which operations are done with intent to continue the work 12 until such activities are completed; 13 * Sec. 30. AS 18.56.590 is amended to read: 14 Sec. 18.56.590. Annual report. To further ensure effective budgetary 15 decision making by the legislature, the corporation shall prepare a complete 16 accounting of the housing assistance loan [REVOLVING] fund and notify the 17 legislature each year by January 10 that the accounting is available. The accounting 18 must consist of an audit by an independent outside auditor for that year. The 19 accounting must include a full description of all mortgage loan interest and principal 20 repayments and program receipts for purposes of programs under AS 18.56.400 - 21 18.56.600, including mortgage loan commitment fees, received by or accrued to the 22 corporation during the preceding fiscal year, and all income earned on assets held by 23 the corporation for purposes of programs under AS 18.56.400 - 18.56.600 during that 24 period. 25 * Sec. 31. AS 18.60.097(a) is amended to read: 26 (a) A person affected by an order of the OSHA Review Board under 27 AS 18.60.093(c) or (e) or of the commissioner under AS 18.60.096 may obtain a 28 review of the order by filing a notice of appeal in the superior court as provided in 29 [RULE 45 OF] the Alaska Rules of Appellate Procedure. 30 * Sec. 32. AS 18.60.097(b) is amended to read: 31 (b) The department may obtain review of an order of the OSHA Review
01 Board under AS 18.60.093(c) or (e) by filing a notice of appeal in the superior court as 02 provided in [RULE 45 OF] the Alaska Rules of Appellate Procedure. 03 * Sec. 33. AS 18.70.160 is amended to read: 04 Sec. 18.70.160. Agreement not to affect insurance rates or liability. An 05 agreement made under AS 18.70.150 and this section shall be carried out in a manner 06 that does not raise insurance rates. An agreement may not reduce the liability of an 07 insurance company in case of loss during the absence of fire services personnel 08 [MEN] and equipment. 09 * Sec. 34. AS 26.23.070(c) is amended to read: 10 (c) If a jurisdiction with which the governor proposes to cooperate under (b) 11 of this section has not enacted the Emergency Management Assistance Compact 12 [INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT], the governor may 13 negotiate a special agreement with that jurisdiction. 14 * Sec. 35. AS 28.05.095(b) is amended to read: 15 (b) Except as provided in (c) of this section, a driver may not transport a child 16 under the age of 16 in a motor vehicle unless the driver has provided the required 17 safety device and properly secured each child as described in this subsection. If the 18 child is less than four years of age, the child shall be properly secured in a child safety 19 device meeting the standards of the United States Department of Transportation for a 20 child safety device for infants. If the child is four but not yet 16 years of age, the child 21 shall be properly secured in a child safety device approved for a child of that age and 22 size by the United States Department of Transportation or in a safety belt, whichever 23 is appropriate for the particular child. 24 * Sec. 36. AS 28.15.231(b) is amended to read: 25 (b) Points [EXCEPT AS OTHERWISE PROVIDED IN AS 28.35.235(b), 26 POINTS] may not be assessed for violating a provision of a state law or regulation or 27 a municipal ordinance regulating standing, parking, equipment, size, or weight; nor 28 may points be assessed for violations by pedestrians, passengers, or bicycle riders, or 29 for violations of provisions relating to the preservation of the condition of traffic- 30 control devices on the highways. Points shall be assessed for violations of oversize or 31 overweight permits relating only to restrictions upon speed or hours of operation.
01 * Sec. 37. AS 28.20.400(a) is amended to read: 02 (a) A person in whose name more than 25 vehicles are registered in this state 03 may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the 04 department as provided in (b) of this section. A person in whose name 25 or fewer 05 [FEWER THAN 25] vehicles are registered qualifies as a self-insurer and shall be 06 issued a certificate of self-insurance [,] if the person provides proof satisfactory to the 07 department that the person has and will continue to have the ability to pay a judgment 08 for property damage, bodily injury, or both, in the amount of at least $125,000. 09 * Sec. 38. AS 34.20.040 is amended to read: 10 Sec. 34.20.040. Recording certificate. A certificate of discharge provided for 11 in AS 34.20.030 and the proof or acknowledgment of the certificate shall be recorded 12 at full length. A reference shall be made to the book and page containing the record of 13 the certificate or the serial number of the record of the certificate in the entry of the 14 discharge of the mortgage made by the recorder upon the record of the discharge. 15 * Sec. 39. AS 34.20.070(b) is amended to read: 16 (b) Not less than 30 days after the default and not less than three months 17 before the sale the trustee shall record in the office of the recorder of the recording 18 district in which the trust property is located a notice of default setting out (1) the 19 name of the trustor, (2) the book and page where the trust deed is recorded or the 20 serial number assigned to the trust deed by the recorder, (3) a description of the 21 trust property, including the property's street address if there is a street address for the 22 property, (4) a statement that a breach of the obligation for which the deed of trust is 23 security has occurred, (5) the nature of the breach, (6) the sum owing on the 24 obligation, (7) the election by the trustee to sell the property to satisfy the obligation, 25 and (8) the date, time, and place of the sale. An inaccuracy in the street address may 26 not be used to set aside a sale if the legal description is correct. At any time before the 27 sale, if the default has arisen by failure to make payments required by the trust deed, 28 the default may be cured by payment of the sum in default other than the principal 29 that [WHICH] would not then be due if no default had occurred, plus attorney fees or 30 court costs actually incurred by the trustee due to the default. If, under the same trust 31 deed, notice of default under this subsection has been recorded two or more times
01 previously and the default has been cured under this subsection, the trustee may elect 02 to refuse payment and continue the sale. 03 * Sec. 40. AS 34.20.070(d) is amended to read: 04 (d) If the State of Alaska is a subsequent party, the trustee, in addition to the 05 notice of default, shall give the state a supplemental notice of any state lien existing as 06 of the date of filing the notice of default. This notice must set out, with such 07 particularity as reasonably available information will permit, the nature of the state's 08 lien, including the name and address, if known, of the person whose liability created 09 the lien, the amount shown on the lien document, the department of the state 10 government involved, the recording district, and the book and page on which the lien 11 was recorded or the serial number assigned to the lien by the recorder. 12 * Sec. 41. AS 34.20.080(c) is amended to read: 13 (c) The deed must recite the date and the book and page of the recording of 14 default, and the mailing or delivery of the copies of the notice of default, the true 15 consideration for the conveyance, the time and place of the publication of notice of 16 sale, and the time, place, and manner of sale, and refer to the deed of trust by reference 17 to the page, volume, and place of record or to the place of record and the serial 18 number assigned to the deed of trust by the recorder. 19 * Sec. 42. AS 34.20.120(b) is amended to read: 20 (b) The substitution must contain 21 (1) the date of execution of the trust deed; 22 (2) the names of the trustee, trustor, and beneficiary; 23 (3) the book and page where the trust deed is recorded or the serial 24 number assigned to the trust deed by the recorder; 25 (4) the name of the new trustee; and 26 (5) an acknowledgment signed and acknowledged by the trustee 27 named in the trust deed of a receipt of a copy of the substitution, or an affidavit of 28 service of a copy of it. 29 * Sec. 43. AS 34.35.080(a) is amended to read: 30 (a) A lien provided for in AS 34.35.050 - 34.35.120 does not bind real 31 property for more than six months after the claim of lien is recorded, unless an action
01 is commenced in the proper court to enforce the lien within 02 (1) that time; or 03 (2) six months after recording of an extension notice in the same 04 recording office within the original six-month period showing the recording date and 05 the book and page or instrument number or serial number of the initial claim of lien, 06 and the balance owing. 07 * Sec. 44. AS 34.35.900(a) is amended to read: 08 (a) When a lien is satisfied by payment, an acknowledgment of satisfaction 09 suitable for recordation shall be delivered to all parties to the lien by the lien claimant. 10 The acknowledgment of satisfaction shall be delivered immediately upon payment by 11 tender of cash in satisfaction of the claim or within 10 days after payment when 12 satisfaction is obtained in some other manner. A certificate of discharge of a lien for 13 nonpayment of a state tax or license fee recorded under AS 43.10.042 shall be 14 delivered within 15 days after tender of cash in satisfaction of the claim or within 30 15 days when satisfaction is obtained in some other manner. The acknowledgment must 16 identify all parties to the lien and any property subject to the lien using the same name 17 or description contained in the claim of record, if a claim was made, and the book and 18 page of the official record containing the claim or the serial number assigned to the 19 claim by the recorder. 20 * Sec. 45. AS 34.45.290(d) is amended to read: 21 (d) If [, AFTER SEPTEMBER 7, 1986,] a holder fails to maintain the records 22 required by AS 34.45.300 and the records of the holder available for the periods 23 subject to AS 34.45.110 - AS 34.45.780 are insufficient to permit the preparation of a 24 report, the department may require the holder to report and pay the amount that is 25 reasonably estimated from the available records. 26 * Sec. 46. AS 35.10.010 is amended to read: 27 Sec. 35.10.010. Standard plans and specifications and limitation on cost. 28 The department shall prepare and adopt plans and specifications and determine 29 standards for the construction of each public work. Each public work shall be limited 30 in cost to the amount of the appropriation made for that purpose. The plans and 31 specifications may be amended from time to time as the department considers
01 advisable. This section does not apply to the construction of school buildings [IN 02 INCORPORATED CITIES, UNLESS THE CONSTRUCTION IS DONE IN 03 WHOLE OR IN PART WITH STATE FUNDS, OR TO THE CONSTRUCTION OF 04 SCHOOL BUILDINGS WHEN THE CONSTRUCTION AMOUNTS TO LESS 05 THAN $2,000]. 06 * Sec. 47. AS 35.10.180(a) is amended to read: 07 (a) The department shall develop and keep current by periodic revision 08 physical facility procurement and planning policies for [RURAL SCHOOLS,] public 09 buildings [,] and other state facilities [,] and shall develop regulations and guidelines 10 for the implementation of these policies. 11 * Sec. 48. AS 35.15.080(d) is amended to read: 12 (d) Provisions of this title governing planning, design, and construction of 13 public works by the department, and regulations adopted under the provisions, govern 14 the administration of projects assumed by a municipality [OR REGIONAL 15 EDUCATIONAL ATTENDANCE AREA] under this section. For that purpose the 16 provisions supersede any conflicting provisions of ordinance or charter of a 17 municipality. 18 * Sec. 49. AS 35.15.080(f) is amended to read: 19 (f) To carry out the purpose of this section, the commissioner of transportation 20 and public facilities shall adopt regulations relating to the application for and the 21 making and the conditions of agreements and the local assumption of responsibilities 22 for the planning, design, and construction of public works under this section. The 23 commissioner [SHALL INCLUDE IN GRANT CONTRACTS TERMS AND 24 CONDITIONS REQUIRING A REGIONAL SCHOOL BOARD AND ITS 25 CONTRACTORS TO ADHERE TO THE PROVISIONS OF AS 36.05.010 WITH 26 RESPECT TO THE PAYMENT OF WAGE RATES ON CONSTRUCTION 27 PROJECTS AND] may require different terms in agreements for different projects to 28 meet local conditions and unique requirements and to assure compliance with the 29 public facilities procurement policies developed by the department under 30 AS 35.10.160 - 35.10.200. If necessary, the commissioner may require as a condition 31 of an agreement approval of the agreement by the federal government.
01 [REGULATIONS ADOPTED, AMENDED, OR REPEALED BY THE 02 DEPARTMENT UNDER THIS SECTION THAT RELATE TO EDUCATIONAL 03 FACILITIES SHALL BE DEVELOPED IN CONJUNCTION WITH THE ALASKA 04 ASSOCIATION OF SCHOOL BOARDS AND THE ALASKA ASSOCIATION OF 05 SCHOOL ADMINISTRATORS AND REVIEWED BY THOSE ASSOCIATIONS 06 BEFORE FINAL ACTION ON THE REGULATIONS IS TAKEN BY THE 07 DEPARTMENT.] 08 * Sec. 50. AS 35.15.100 is amended to read: 09 Sec. 35.15.100. Responsibility of department. When a municipality [OR 10 REGIONAL EDUCATIONAL ATTENDANCE AREA] has assumed responsibility 11 for a public works project under AS 35.15.080 - 35.15.120, the department is relieved 12 of responsibility to the extent it is assumed by the municipality [OR REGIONAL 13 EDUCATIONAL ATTENDANCE AREA]. The department may provide technical 14 assistance on the responsibility assumed if requested to do so by the municipality [OR 15 AREA] and shall be reasonably compensated for that assistance from the account 16 established under AS 35.15.090. 17 * Sec. 51. AS 35.15.110(a) is amended to read: 18 (a) Before advertisement for bids or construction contract negotiations, the 19 department shall approve both the project site and the land interest in the site [, 20 EXCEPT THAT, IF THE PROJECT INVOLVES CONSTRUCTION OF AN 21 EDUCATIONAL FACILITY, TITLE OR SUFFICIENT INTEREST DETERMINED 22 ACCEPTABLE BY THE DEPARTMENT TO AN APPROVED SITE FOR A 23 SCHOOL BUILDING SHALL BE VESTED IN THE MUNICIPALITY, THE 24 REGIONAL EDUCATIONAL ATTENDANCE AREA, OR THE STATE BEFORE 25 ADVERTISEMENT FOR BIDS OR INITIATION OF CONSTRUCTION 26 CONTRACT NEGOTIATIONS]. 27 * Sec. 52. AS 35.15.120(2) is amended to read: 28 (2) "governing body" means a municipality's [IN THE CASE OF A 29 MUNICIPALITY, ITS] assembly or council [, AND, IN THE CASE OF A 30 REGIONAL EDUCATIONAL ATTENDANCE AREA, ITS REGIONAL SCHOOL 31 BOARD].
01 * Sec. 53. AS 36.30.850(b)(30) is amended to read: 02 (30) contracts entered into with a regional development organization; 03 in this paragraph, "regional development organization" means a nonprofit 04 organization or nonprofit corporation formed to encourage economic 05 development within a particular region of the state that includes the entire area 06 of each municipality within that region and that has a board of directors that 07 represents the region's economic, political, and social interests [HAS THE 08 MEANING GIVEN IN AS 44.33.895]; 09 * Sec. 54. AS 41.41.070(d) is amended to read: 10 (d) In addition to its employees, the authority may contract for and engage the 11 services of bond counsel, consultants, experts, and financial advisors the authority 12 [CORPORATION] considers necessary for the purpose of developing information, 13 furnishing advice, or conducting studies, investigations, hearings, or other 14 proceedings. 15 * Sec. 55. AS 41.41.090(b) is amended to read: 16 (b) If a member of the board or an employee of the authority acquires, owns, 17 or controls an interest, direct or [OF] indirect, in an entity or project in which assets of 18 the authority are invested, the member shall immediately disclose the interest to the 19 board. The disclosure is a matter of public record and shall be included in the minutes 20 of the first board meeting following the disclosure. 21 * Sec. 56. AS 41.41.310 is amended to read: 22 Sec. 41.41.310. Covenants. In a resolution of the authority authorizing or 23 relating to the issuance of bonds or bond anticipation notes, the authority has power by 24 provisions in the resolution that will constitute covenants of the authority and 25 contracts with the holders of the bonds or bond anticipation notes to 26 (1) pledge to a payment or purpose all or a part of its revenues to 27 which its right then exists or may thereafter come into existence, and the money 28 derived from the revenues, and the proceeds of bonds or notes; 29 (2) covenant as to the use and disposition of payments of principal or 30 interest received by the authority on loans or other investments held by the authority; 31 (3) covenant as to establishment of reserves or sinking funds and the
01 making of provision for and the regulation and disposition of the reserves or sinking 02 funds; 03 (4) covenant with respect to or against limitations on a right to sell or 04 otherwise dispose of property of any kind; 05 (5) covenant as to bonds and notes to be issued, and their limitations, 06 terms, and conditions, and as to the custody, application, and disposition of the 07 proceeds of the bonds and notes; 08 (6) covenant as to the issuance of additional bonds or notes, or as to 09 limitations on the issuance of additional bonds or notes and the incurring of other 10 debts; 11 (7) covenant as to the payment of the principal of or interest on the 12 bonds or notes, as to the sources and methods of the payment, as to the rank or priority 13 of the bonds or notes with respect to a lien or security, or as to the acceleration of the 14 maturity of the bonds or notes; 15 (8) provide for the replacement of lost, stolen, destroyed, or mutilated 16 bonds or notes; 17 (9) covenant as to the redemption of bonds or notes and privileges of 18 their exchange for other bonds or notes of the authority; 19 (10) covenant to create or authorize the creation of special funds of 20 money to be held in pledge or otherwise for operating expenses, payment or 21 redemption of bonds or notes, reserves, or other purposes; 22 (11) establish the procedure, if any, by which the terms of a contract or 23 covenant with or for the benefit of the holders of bonds or notes may be amended or 24 abrogated, the amount of bonds or notes the holders of which must consent to 25 amendment or abrogation, and the manner in which the consent may be given; 26 (12) covenant as to the custody of property or investments, their 27 safekeeping and insurance, and the use and disposition of insurance money; 28 (13) agree with a corporate trustee that may be a trust company or 29 bank having the powers of a trust company within or outside the state as to the 30 pledging or assigning of revenue or funds to which or in which the authority has rights 31 or an interest; the agreement may further provide for other rights and remedies
01 exercisable by the trustee as may be proper for the protection of the holders of a bond 02 or note of the authority and not otherwise in violation of law and may provide for the 03 restriction of the rights of an individual holder of bonds or notes of the authority; 04 (14) appoint and provide for the duties and obligations of a paying 05 agent or paying agents or other fiduciaries as the resolution may provide within or 06 outside the state; 07 (15) limit the rights of the holders of a bond or note to enforce a pledge 08 or covenant securing the bonds or notes; 09 (16) make covenants other than and in addition to the covenants 10 expressly authorized in this section of like or different character, and to make 11 covenants to do or refrain from doing acts and things as may be necessary or 12 convenient and desirable in order to better secure bonds or notes or that, in the 13 absolute discretion of the authority, will tend to make bonds or notes more marketable, 14 notwithstanding that the covenants, acts, or things may not be enumerated in this 15 section. 16 * Sec. 57. AS 41.41.340(a) is amended to read: 17 Sec. 41.41.340. Validity of pledge. (a) The pledge of assets or revenue of the 18 authority to the payment of the principal of or interest on an obligation of the authority 19 is valid and binding from the time the pledge is made, and the assets or revenue 20 become immediately subject to the lien of the pledge without physical delivery or 21 further act. The lien of a pledge is valid and binding against all parties having claims 22 in tort, contract, or otherwise against the authority, irrespective of whether those 23 parties have notice of the lien of the pledge. 24 * Sec. 58. AS 41.41.390(b) is amended to read: 25 (b) Refunding bonds may be sold or exchanged for outstanding bonds issued 26 under this chapter, and, if sold, the proceeds may be applied, subject to appropriation 27 and in addition to another authorized purpose, to the purchase, redemption, or payment 28 of the outstanding obligations. Pending the application of the proceeds of refunding 29 bonds, with any other available funds, to the payment of the principal of, accrued 30 interest on, and redemption premium on the obligations being refunded, and, if so 31 provided or permitted in the resolution authorizing the issuance of the refunding bonds
01 or in the trust agreement securing them, to the payment of any interest on the 02 refunding bonds and expenses in connection with the refunding, the proceeds may be 03 invested in direct obligations of, or obligations the principal of and the interest on 04 which are unconditionally guaranteed by, the United States that mature or that will be 05 subject to redemption, at the option of the holders of them, not later than the respective 06 dates when the proceeds, together with the interest accruing on them, will be required 07 for the purposes intended. 08 * Sec. 59. AS 43.70.110(4) is amended to read: 09 (4) "person" includes an individual, firm, partnership, joint venture 10 [ADVENTURE], association, corporation, estate trust, business trust, receiver, or any 11 group or combination acting as a unit. 12 * Sec. 60. AS 44.23.020(b)(9) is amended to read: 13 (9) prepare, publish, and revise as it becomes useful or necessary to do 14 so an information pamphlet on landlord and tenant rights and the means of making 15 complaints to appropriate public agencies concerning landlord and tenant rights; the 16 contents of the pamphlet and any revision shall be approved by the Department of 17 Law [, DIVISION OF CONSUMER PROTECTION,] before publication. 18 * Sec. 61. AS 44.31.020 is amended to read: 19 Sec. 44.31.020. Duties of department. The Department of Labor and 20 Workforce Development shall 21 (1) enforce the laws, and adopt regulations under them concerning 22 employer-employee relationships, including the safety, hours of work, wages, and 23 conditions of workers, including children; 24 (2) accumulate, analyze, and report labor statistics; 25 (3) operate systems of workers' compensation and unemployment 26 insurance; 27 (4) gather data reflecting the cost of living in the various election 28 districts of the state upon request of the director of personnel under AS 39.27.030; in 29 this paragraph, "election district" has the meaning given in AS 39.27.020(b); 30 (5) operate the federally funded employment and training programs 31 under 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998); and
01 (6) administer the state's program of adult basic education and adopt 02 regulations to administer the program. 03 * Sec. 62. AS 45.01.206(b) is amended to read: 04 (b) Subsection (a) of this section does not apply to contracts for the sale of 05 goods (AS 45.02.201) or securities (AS 45.08.113), or to security agreements 06 (AS 45.29.203) [(AS 45.09.203)]. 07 * Sec. 63. AS 45.45.210 is amended to read: 08 Sec. 45.45.210. Disclosure of regulation. The following statement shall be 09 conspicuously printed, either on the invoice or on another form given to every 10 customer for whom the shop performs repairs: 11 "Motor vehicle repair trade practices are regulated by Alaska Statutes 12 45.45.130 - 45.45.240, administered by the [CONSUMER 13 PROTECTION SECTION,] Alaska Department of Law." 14 * Sec. 64. AS 45.50.475(d) is amended to read: 15 (d) A person who employs individuals to engage in telephone solicitations is 16 not liable for the violation of this section [AS 45.50.475] if an employee solicits a 17 residential telephone customer who is identified in the telephone directory as not 18 wishing to receive telephone solicitations if the person established that 19 (1) the person has adopted and implemented written procedures to 20 comply with (a) of this section including corrective actions where appropriate; 21 (2) the person has trained its personnel in the procedures established 22 under (1) of this subsection; 23 (3) the call that violated this section [AS 45.50.475] was made 24 contrary to the procedures and policies established by the person; and 25 (4) calls on behalf of the person that result in violations of this section 26 [AS 45.50.475] are infrequent. 27 * Sec. 65. AS 45.50.475(e) is amended to read: 28 (e) An individual who solicits a residential telephone customer who is 29 identified in the telephone directory as not wishing to receive telephone solicitations is 30 not liable for the violation of this section [AS 45.50.475] if the individual establishes 31 that the individual did not intend to make a call in violation of this section
01 [AS 45.50.475] and did not recklessly disregard information or policies and 02 procedures that would have avoided the improper call. 03 * Sec. 66. AS 45.50.561 is amended by adding a new subsection to read: 04 (b) AS 45.50.471 - 45.50.561 may be cited as the Alaska Unfair Trade 05 Practices and Consumer Protection Act. 06 * Sec. 67. AS 45.50 is amended by adding a new section to article 4 to read: 07 Sec. 45.50.598. Short title. AS 45.50.562 - 45.50.598 may be cited as the 08 Alaska Restraint of Trade Act. 09 * Sec. 68. AS 47.05.012(9) is amended to read: 10 (9) the compendium of animal rabies prevention and control, 2002, 11 published by the United States Centers for Disease Control and Prevention; 12 * Sec. 69. AS 47.10.093(b)(1) is amended to read: 13 (1) a guardian ad litem appointed by the court [OR TO A CITIZEN 14 REVIEW BOARD OR LOCAL REVIEW PANEL FOR PERMANENCY 15 PLANNING AUTHORIZED BY AS 47.14.200 OR 47.14.220]; 16 * Sec. 70. AS 47.12.315(d) is amended to read: 17 (d) When required by this section to disclose information, 18 (1) the department or other agency may not disclose the name of an 19 out-of-home care provider [, AS THAT TERM IS DEFINED IN AS 47.14.299,] with 20 whom the minor was living at the time the minor was alleged to have committed the 21 offense if the minor had been placed in out-of-home care with that provider on other 22 than a permanent or long-term basis; in this paragraph, "out-of-home care 23 provider" means an agency or person, other than the child's legal parents, with 24 whom a child who is in the custody of the state under AS 47.10.080(c)(1) or (3), 25 47.10.142, or AS 47.14.100(c) is currently placed; "agency or person" includes a 26 foster parent, a relative other than a parent, a person who has petitioned for 27 adoption of the child, and a residential child care facility; 28 (2) if the department or other agency maintains the information to be 29 disclosed by electronic means that can be recovered from a computer data base, the 30 department or agency may disclose the information in that medium. 31 * Sec. 71. AS 47.14.100(i) is amended to read:
01 (i) A child may not be placed with an out-of-home care provider [, AS 02 DEFINED IN AS 47.14.299,] if the department determines that the child can remain 03 safely at home with one parent or guardian. In this subsection, "out-of-home care 04 provider" means an agency or person, other than the child's legal parents, with 05 whom a child who is in the custody of the state under AS 47.10.080(c)(1) or (3), 06 47.10.142, or AS 47.14.100(c) is currently placed; "agency or person" includes a 07 foster parent, a relative other than a parent, a person who has petitioned for 08 adoption of the child, and a residential child care facility; 09 * Sec. 72. AS 47.27.005(4) is amended to read: 10 (4) adopt methods of program administration to ensure consistency 11 with the federal requirements under the [A SUCCESSOR] federal Temporary 12 Assistance for Needy Families program [THAT REPLACES THE AID TO 13 FAMILIES WITH DEPENDENT CHILDREN PROGRAM]; 14 * Sec. 73. AS 47.27.020(b) is amended to read: 15 (b) On the application, each applicant shall attest to whether the family, at any 16 time, has received cash assistance or self-sufficiency services from another state 17 program that was established with federal money under the [ANY SUCCESSOR] 18 federal Temporary Assistance for Needy Families program [THAT REPLACES 19 THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM] and 20 whether the family has ever been disqualified from receiving cash assistance or self- 21 sufficiency services under the [A SUCCESSOR] federal Temporary Assistance for 22 Needy Families program [THAT REPLACES AID TO FAMILIES WITH 23 DEPENDENT CHILDREN] for the period for which the application has been 24 submitted. 25 * Sec. 74. AS 11.46.480(b)(5); AS 44.66.010(a)(17); AS 47.10.080(m), 47.10.080(n), 26 47.10.142(g); AS 47.12.120(h); AS 47.14.200, 47.14.210, 47.14.220, 47.14.230, 47.14.240, 27 47.14.250, 47.14.260, 47.14.270, 47.14.280, and 47.14.299 are repealed. 28 * Sec. 75. Sections 13 and 53 of this Act take effect on the date AS 44.33.895 is repealed 29 under sec. 2, ch. 43, SLA 2000, as sec. 2, ch. 43, SLA 2000, may be amended from time to 30 time. 31 * Sec. 76. Section 24 of this Act takes effect on the effective date set out in sec. 3, ch. 58,
01 SLA 1997, as amended by sec. 7, ch. 94, SLA 2001, and as it may be amended from time to 02 time. 03 * Sec. 77. Section 63 of this Act takes effect January 1, 2004. 04 * Sec. 78. Except as provided in secs. 75 - 77 of this Act, this Act takes effect immediately 05 under AS 01.10.070(c).