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SCS CSHB 32(Jud)

5/5/88

Finance

Larson, Menard
and Boyer

BY THE JUDICIARY COMMITTEE

SENATE CS FOR CS FOR HOUSE BILL NO. 32 (Judiciary)

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - SECOND SESSION

A BILL

"An Act establishing the Alaska Racing Commission and
authorizing parimutuel wagering at sanctioned
events; and providing for an effective date."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 05 is amended by adding a new chapter to read:

CHAPTER 40. HORSE RACING.

ARTICLE 1. ALASKA RACING COMMISSION.

Sec. 05.40.010. ALASKA RACING COMMISSION. (a) The Alaska
Racing Commission is established in the Department of Commerce and
Economic Development. The commission is composed of five members
appointed by the governor. One member shall have experience in the
regulation, supervision, or conduct of parimutuel wagering or horse
racing; one member shall have experience in law enforcement; one
member shall have experience in bookkeeping or accounting; two members
shall be public members.

(b) Each member of the commission shall at the time of the
member's appointment be a resident of the state.

(c) A person may not serve as a member of the commission if that
person has been convicted of
(1) a felony; or
(2) an offense defined in AS 05.40.200, AS 11.66.200 -
11.66.280, or a comparable provision of municipal, state, or federal
law.

(d) A person may not serve as a member of the commission until
the investigation required under AS 18.65.080 is completed.

(e) The commission shall elect a chairman from its membership.

(f) Three members of the commission constitute a quorum for the
transaction of business.

Sec. 05.40.020. TERM OF OFFICE. Members of the commission serve
staggered terms of four years. A vacancy is filled by appointment for
the unexpired term. A member of the commission holds office until a
successor is appointed and qualifies.

Sec. 05.40.030. REMOVAL AND SUSPENSION OF MEMBERS. (a) The
governor may remove a member for cause, including incompetence, ne-
glect of duty, or misconduct in office. A member being removed for
cause shall be given a copy of the charges and afforded an opportunity
to publicly present a defense in person or by counsel upon not less
than 10 days' notice. If a member is removed for cause, the governor
shall file with the lieutenant governor a complete statement of all
charges made against the member and the governor's findings based on
the charges, together with a complete record of the proceedings.

(b) The governor may immediately suspend a member for a vio-
lation of law or for misconduct in office pending removal from office
under (a) of this section.

Sec. 05.40.040. COMPENSATION AND PER DIEM. Members of the
commission do not receive a salary for their service on the commission
but are entitled to per diem and travel expenses authorized by law for
state boards and commissions under AS 39.20.180.

Sec. 05.40.050. DUTIES AND POWERS OF THE COMMISSION. (a) The
commission shall, in consultation with the attorney general,
(1) adopt regulations concerning
(A) the issuance, renewal, suspension, and revocation
of licenses and special permits;

(B) the immediate suspension of a license or special
permit of a person subject to this chapter during an investiga-
tion of a violation of this chapter or a regulation adopted under
this chapter;

(C) the appointment of race officials, including race
meet observers, and their duties;

(D) the distribution of the parimutuel pool among the
race meet operator, purse money, winning tickets, and the commis-
sion;

(E) retention of breakage by a race meet operator;

(F) veterinary standards for race meets;

(G) parimutuel equipment to be used by race meet
operators;

(H) auditing procedures; and
(I) other matters directly related to horse racing and
parimutuel wagering;

(2) regulate and supervise all horse races;

(3) inspect and approve race tracks and race horses;

(4) establish racing dates and durations;

(5) sanction horse racing within municipalities at loca-
tions approved by the commission;

(6) set all license and special permit fees;

(7) make an annual report to the commissioner of commerce
and economic development and the legislature of its administration of
this chapter before April 15 of each year;

(8) keep detailed records of all race meets and of all col-
lections and disbursements;

(9) supervise the making and distribution of parimutuel
pools.

(b) The commission may
(1) hire staff, and appoint persons as race meet observers,
as needed to administer this chapter, if the investigation required
under AS 18.65.080 finds that the person has not been convicted of a
crime set out in AS 05.40.010(c);

(2) issue subpoenas to compel witnesses to appear before
it;

(3) compel the production of documents showing the receipts
and disbursements of a race meet operator;

(4) appoint a hearing officer to conduct a hearing required
by this chapter or by a regulation adopted under it;

(5) by regulation, impose an admission surcharge for a race
meet not to exceed $1 without regard to whether the race meet operator
charges an admission fee.

Sec. 05.40.060. EMPLOYEES OF THE COMMISSION. Employees of the
commission are in the partially exempt service under AS 39.25.120.

Sec. 05.40.070. REGULATIONS OF THE COMMISSION. The attorney
general shall enforce the regulations of the commission.

Sec. 05.40.080. RECORDS OF THE COMMISSION. All records of the
commission are public records and subject to public inspection.

Sec. 05.40.090. PROCEEDS. Fees and other money received by the
commission shall be paid into the general fund.

ARTICLE 2. RACE MEETS.

Sec. 05.40.100. RACE MEET OPERATOR'S LICENSE. (a) A person may
not conduct a race meet in the state without a race meet operator's
license issued by the commission. A race meet operator's license is
valid for three years unless revoked or suspended by the commission.

(b) The race meet operator has the exclusive right to operate or
contract for the operation of concessions at the site of the race
meet.

(c) A race meet operator's license may not be issued until the
investigation required under AS 18.65.080 is completed. A person
convicted of a crime set out in AS 05.40.010(c) may not receive a race
meet operator's license.

(d) A race meet may be conducted only within a municipality.

Sec. 05.40.110. SPECIAL PERMITS. (a) A person may not partici-
pate in a race meet as an owner of an animal participating in the race
meet, trainer, jockey, driver, attendant, groom, stable person, veter-
inarian, employee of a race meet operator, concessionaire, or conces-
sion employee without a special permit issued by the commission.

(b) A special permit is valid for one year unless revoked or
suspended by the commission. The commission may not issue a special
permit under this section until the investigation required under
AS 18.65.080 is completed. A person convicted of a crime set out in
AS 05.40.010(c) may not receive a special permit.

Sec. 05.40.120. LOCAL OPTION. The commission may not sanction a
race meet within a municipality unless
(1) a majority of the voters in the municipality has ap-
proved a referendum authorizing parimutuel wagering on horse races and
providing for municipal licensing of race meets within the municipal-
ity; and
(2) the municipality, after a public hearing on the li-
cense, has approved issuance or renewal of the municipal license for
the race meet.

Sec. 05.40.130. DISTRIBUTION OF PARIMUTUEL POOL. (a) Except as
provided in (b) and (c) of this section, the parimutuel pool shall be
distributed
(1) 65 percent to the holders of winning tickets;

(2) 15 percent to the race meet operator conducting the
race meet;

(3) 10 percent as purse money; and
(4) 10 percent to the commission.

(b) The commission may by regulation adjust the distribution of
the parimutuel pool as necessary to promote efficient and successful
race meets. The percentage allocated to holders of winning tickets
shall be at least 65 percent of the parimutuel pool.

(c) Notwithstanding AS 34.45, money that is owed to holders of
winning tickets but not claimed within six months after the date for
distribution of the parimutuel pool shall be paid to the commission
for deposit into the general fund.

Sec. 05.40.140. REPORTS BY THE RACE MEET OPERATOR. (a) The
race meet operator shall report to the commission within 30 days after
each race on the distribution of the parimutuel pool.

(b) The race meet operator shall report to the commission within
30 days after the end of the race meet on the operation and proceeds
of concessions at the site of the race meet.

Sec. 05.40.150. OBSERVATION OF RACE MEETS. (a) The commission
may appoint a member of the commission or other person to observe the
conduct of race meets. An observer shall be present at the site of
each race meet on the day before, the day after, and during the race
meet.

(b) A person who is not a member of the commission or an em-
ployee of the commission does not receive a salary but is entitled to
per diem and travel expenses, for each day the person is engaged in
the actual performance of duties as a race meet observer.

ARTICLE 3. GENERAL PROVISIONS.

Sec. 05.40.900. ADMINISTRATIVE PROCEDURE ACT. The operations of
the commission are subject to the Administrative Procedure Act
(AS 44.62).

Sec. 05.40.910. CONFLICT OF INTEREST ACT. The commission is
subject to AS 39.50 (conflict of interest).

Sec. 05.40.950. PROHIBITED ACTS AND PENALTIES. (a) It is a
class A misdemeanor to
(1) violate or fail to comply with a regulation of the
commission or a provision of this chapter if no effect on the outcome
of a horse race was intended;

(2) record, report, or register a wager on a horse in a
horse race unless under the provisions of this chapter;

(3) place a wager upon the results of a horse race except
by a parimutuel method of wagering conducted by a race meet operator
licensed under this chapter, and upon the grounds or enclosure of the
race meet operator;

(4) permit a person under the age of 21 to use the pari-
mutuel system.

(b) Violation of a regulation or provision of this chapter with
intent to affect the outcome of a horse race is a class C felony.

Sec. 05.40.990. DEFINITIONS. In this chapter
(1) "breakage" means the odd cents by which the amount
payable on each dollar wagered exceeds a multiple of 10 cents; break-
age may not exceed 20 percent of the total amount deposited in the
pool;

(2) "commission" means the Alaska Racing Commission;

(3) "harness race" means a race where the horses are har-
nessed to a sulky, carriage, or similar vehicle and driven by a driv-
er;

(4) "horse race" means either a race where the horses are
mounted and ridden by jockeys or a harness race;

(5) "parimutuel" means a form of wagering on the outcome of
horse races in which those who wager personally purchase tickets of
various denominations on a horse and all wagers for each race are
pooled and held by the race meet operator for distribution; when the
outcome of the race has been decided, the race meet operator distrib-
utes the percentage of the total wagers determined by the commission
to holders of tickets on the winning horses;

(6) "race meet" means an exhibition that includes horse
races, where the parimutuel system is used;

(7) "race meet operator" means the person who is authorized
to conduct a race meet sanctioned by the commission;

(8) "special permit" means a permit issued by the commis-
sion to participants in a race meet, other than the race meet opera-
tor, under AS 05.40.110.

* Sec. 2. AS 18.65.080 is amended by adding a new subsection to read:

(b) The Department of Public Safety shall investigate and ascer-
tain whether the following persons have been convicted of a crime set
out in AS 05.40.010(c)
(1) a person appointed by the governor to serve as a member
of the Alaska Racing Commission;

(2) an applicant for employment with the Alaska Racing
Commission;

(3) an applicant to serve as a race official or race meet
observer;

(4) an applicant for a license under AS 05.40.100 or a
special permit under AS 05.40.110.

* Sec. 3. AS 39.25.120(c) is amended by adding a new paragraph to read:

(21) employees of the Alaska Racing Commission.

* Sec. 4. AS 39.50.200(b) is amended by adding a new paragraph to read:

(49) Alaska Racing Commission (AS 05.40.010).

* Sec. 5. AS 44.62.330(a) is amended by adding a new paragraph to read:

(55) Alaska Racing Commission (AS 05.40.010).

* Sec. 6. INITIAL COMMISSION APPOINTMENTS. The governor shall make the
initial appointment of members of the Alaska Racing Commission within 120
days after the effective date of this Act.

* Sec. 7. This Act takes effect July 1, 1989.

HB0033

HB 33

1/19/87

Health, Education &
Social Services and Finance

BY LARSON, MENARD AND
COLLINS

HOUSE BILL NO. 33

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to inoperative schools; and provid-
ing for an effective date."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 14.14 is amended by adding a new section to read:

Sec. 14.14.125. INOPERATIVE SCHOOLS. When there are fewer than
eight children eligible to attend an elementary school or fewer than
five children eligible to attend a secondary school in a district, the
school board shall declare the school inoperative for that school
year. The school board shall make appropriate arrangements for the
children eligible to attend a school that is closed under this sec-
tion, either within the district, in another district, or through
correspondence study.

* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).

HB0034

HB 34

1/19/87

Resources and
Judiciary

BY SHULTZ

HOUSE BILL NO. 34

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to the obstruction or hindrance of
lawful hunting, fishing, or trapping."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 16.05 is amended by adding new sections to read:

Sec. 16.05.926. OBSTRUCTION OR HINDRANCE OF LAWFUL HUNTING,
FISHING, OR TRAPPING. (a) Except as provided in (d) of this section,
a person may not perform an act with the intent to obstruct or hinder
hunting, fishing, or trapping engaged in lawfully by another person.

For purposes of this subsection, "lawfully" means
(1) in accordance with AS 16, regulations adopted under
AS 16, and applicable federal statutes and regulations; and
(2) with the permission of the private landowner if the
hunting, fishing, or trapping is engaged in on private land.

(b) A peace officer who has probable cause to believe that a
person has violated this section may order the person to desist. The
officer may cite or arrest the person upon refusal to desist.

(c) In a prosecution under this section, it is an affirmative
defense that the person
(1) had a right to obstruct or hinder the hunting, fishing,
or trapping; or
(2) reasonably believed that the person had the right to
obstruct or hinder the hunting, fishing, or trapping.

(d) This section does not apply to a commercial fisherman while
engaged in a customary practice recognized in the commercial fishing
industry.

(e) A person who violates this section is guilty of a misdemean-
or punishable by a fine of not more than $500 or imprisonment for not
more than 30 days or both.

Sec. 16.05.927. CIVIL REMEDIES. (a) A person aggrieved by
conduct that is in violation of AS 16.05.926 or threatened with
conduct that is in violation of AS 16.05.926 may petition a superior
court to enjoin the respondent from engaging in the conduct.

(b) A person aggrieved by a violation of AS 16.05.926 is en-
titled to recover general damages and special damages, including
license and permit fees, travel costs, guide fees, costs for special
equipment and supplies, and other related expenses.

(c) A court may award punitive damages in addition to damages
under (b) of this section.

HB0035

HB 35

1/19/87

State Affairs
and Finance

BY GOLL AND ULMER

HOUSE BILL NO. 35

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act prohibiting the assignment of the right to
receive a permanent fund dividend; and providing for
an effective date."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 43.23 is amended by adding a new section to read:

Sec. 43.23.067. ASSIGNMENT PROHIBITED. A person eligible to
receive a permanent fund dividend may not assign the right to the
dividend. An attempted assignment of the right to receive a permanent
fund dividend is against public policy and is void.

* Sec. 2. This Act takes effect immediately under AS 01.10.070(c).

HB0035

CSHB 35(SA)

2/16/87

Finance

Goll, Ulmer,
Davis and Davidson

BY THE STATE AFFAIRS COMMITTEE

CS FOR HOUSE BILL NO. 35 (State Affairs)

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to assignments of the right to
receive a permanent fund dividend."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 43.23 is amended by adding a new section to read:

Sec. 43.23.067. ASSIGNMENTS. (a) Except as provided in (b) of
this section, a person eligible to receive a permanent fund dividend
may not assign the right to the dividend. An attempted assignment of
the right to receive a permanent fund dividend is against public
policy and is void.

(b) A person may assign the right to receive a permanent fund
dividend to a
(1) federal, state, or municipal governmental entity;

(2) person or organization providing health care or social
services which is licensed, certified, approved, or otherwise recog-
nized by the state; or
(3) person or organization that receives state funds for
the provision of health care or social services and is required or
allowed by regulations of the Department of Health and Social Services
to charge a fee for those services.

(c) The department shall establish a fee for processing assign-
ments made under (b) of this section. The fee shall be deducted from
the assigned permanent fund dividend or, if less than the entire
dividend is assigned, from the balance due to the assignor.

HB0035

CSHB 35(Fin)

3/4/87

Rules

Goll, Ulmer,
Davis and Davidson

BY THE FINANCE COMMITTEE

CS FOR HOUSE BILL NO. 35 (Finance)

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to assignments of the right to
receive a permanent fund dividend."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 43.23 is amended by adding a new section to read:

Sec. 43.23.067. ASSIGNMENTS. (a) Except as provided in (b) of
this section, a person eligible to receive a permanent fund dividend
may not assign the right to the dividend. An attempted assignment of
the right to receive a permanent fund dividend is against public
policy and is void.

(b) A person may assign the right to receive a permanent fund
dividend to a
(1) federal, state, or municipal governmental entity;

(2) person or organization providing health care or social
services that is licensed or certified, or that is approved under
AS 47.37.140;

(3) person or organization that receives state funds for
the provision of health care or social services; or
(4) health facility as defined in AS 29.60.120(f)(1).

(c) Before an assignment is processed the assignee shall provide
written proof to the department that the assignee qualifies to receive
the permanent fund dividend under (b) of this section. The department
may establish a fee to offset processing of the assignment. The fee
shall be deducted from the assigned permanent fund dividend or, if
less than the entire dividend is assigned, from the balance due to the
assignor.

HB0035

CSHB 35(Fin) am

3/4/87

Rules

Goll, Ulmer,
Davis, Davidson, et al

BY THE FINANCE COMMITTEE

CS FOR HOUSE BILL NO. 35 (Finance) am

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to assignments of the right to
receive a permanent fund dividend."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 43.23 is amended by adding a new section to read:

Sec. 43.23.067. ASSIGNMENTS. (a) Except as provided in (b) of
this section, a person eligible to receive a permanent fund dividend
may not assign the right to the dividend. An attempted assignment of
the right to receive a permanent fund dividend is against public
policy and is void.

(b) A person may assign the right to receive a permanent fund
dividend to a
(1) federal, state, or municipal governmental entity;

(2) person or organization providing health care or social
services that is licensed or certified, or that is approved under
AS 47.37.140;

(3) person or organization that receives state funds for
the provision of health care or social services;

(4) health facility as defined in AS 29.60.120(f)(1); or
(5) state or federal charter financial institution or
credit union.

(c) Before an assignment is processed the assignee shall provide
written proof to the department that the assignee qualifies to receive
the permanent fund dividend under (b) of this section. The department
may establish a fee to offset processing of the assignment. The fee
shall be deducted from the assigned permanent fund dividend or, if
less than the entire dividend is assigned, from the balance due to the
assignor.

HB0036

HB 36

1/19/87

Labor & Commerce
and Judiciary

BY GRUSSENDORF

HOUSE BILL NO. 36

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act requiring certain motor vehicle insurance
policies to provide reduced rates for certain per-
sons."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 21.89.020 is amended by adding new subsections to read:

(f) An insurer shall provide a 10 percent reduction in the
premium charged for a motor vehicle casualty insurance policy when the
principal operator of the motor vehicle covered by the insurance
policy
(1) is 55 years of age or older;

(2) requests the insurer to provide the reduction; and
(3) provides the insurer with proof satisfactory to the
director that the operator has within the three years before request-
ing the reduction taken and successfully completed a motor vehicle
accident prevention course approved by the Department of Public Safety
under AS 28.05.035, unless a court sentenced the operator to take the
course because the operator was convicted of a moving traffic viola-
tion.

(g) An insurer may cancel a rate reduction provided under (f) of
this section if during the policy period the principal operator of the
insured motor vehicle is
(1) involved in an accident caused by the operator; or
(2) convicted of a moving traffic violation.

(h) The reduced rate provided for an operator under (f) of this
section may not extend beyond three years after the last day of the
operator's most recently successfully completed motor vehicle accident
prevention course described in (f)(3) of this section.

* Sec. 2. AS 28.05 is amended by adding a new section to read:

Sec. 28.05.035. COMMISSIONER MAY APPROVE ACCIDENT PREVENTION
COURSES. For the purposes of AS 21.89.020(f)(3), the commissioner may
approve driver education courses intended to prevent motor vehicle
accidents and promote safe driving practices.

* Sec. 3. APPLICABILITY. This Act applies to policies of motor vehicle
casualty insurance entered into or renewed after the effective date of this
Act.

HB0036

CSHB 36(L&C)

2/20/87

Judiciary

Grussendorf

BY THE LABOR AND
COMMERCE COMMITTEE

CS FOR HOUSE BILL NO. 36 (L&C)

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act requiring certain motor vehicle insurance
policies to provide reduced rates for certain per-
sons."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 21.89.020 is amended by adding new subsections to read:

(f) An insurer shall provide an appropriate reduction of not
less than five percent in the premium charged for a motor vehicle
casualty insurance policy when the principal operator of the motor
vehicle covered by the insurance policy
(1) is 55 years of age or older;

(2) requests the insurer to provide the reduction;

(3) provides the insurer with proof satisfactory to the
director that the operator has within the three years before request-
ing the reduction taken and successfully completed a motor vehicle
accident prevention course approved by the Department of Public Safety
under AS 28.05.035; and
(4) did not take and complete the accident prevention
course described in (3) of this subsection as a result of an order or
sentence imposed by a court.

(g) An insurer may cancel a rate reduction provided under (f) of
this section if during the policy period the principal operator of the
insured motor vehicle is
(1) involved in an accident caused by the operator; or
(2) convicted of a moving traffic violation.

(h) The reduced rate provided for an operator under (f) of this
section may not extend beyond three years after the last day of the
operator's most recently successfully completed motor vehicle accident
prevention course described in (f)(3) of this section.

* Sec. 2. AS 28.05 is amended by adding a new section to read:

Sec. 28.05.035. COMMISSIONER MAY APPROVE ACCIDENT PREVENTION
COURSES. For the purposes of AS 21.89.020(f)(3), the commissioner may
approve driver education courses intended to prevent motor vehicle
accidents and promote safe driving practices.

* Sec. 3. APPLICABILITY. This Act applies to policies of motor vehicle
casualty insurance entered into or renewed after the effective date of this
Act.

HB0036

CSHB 36(Jud)

3/11/87

Rules

Grussendorf and Gruenberg

BY THE JUDICIARY COMMITTEE

CS FOR HOUSE BILL NO. 36 (Judiciary)

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act requiring certain motor vehicle insurance
policies to provide reduced rates for certain per-
sons; and providing for an effective date."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 21.89.020 is amended by adding new subsections to read:

(f) An insurer shall provide an appropriate reduction of not
less than five percent in the premium charged for a motor vehicle
casualty insurance policy when the principal operator of the motor
vehicle covered by the insurance policy
(1) is 55 years of age or older;

(2) requests the insurer to provide the reduction;

(3) provides the insurer with proof satisfactory to the
director that the operator has within the three years before request-
ing the reduction taken and successfully completed a motor vehicle
accident prevention course approved by the Department of Public Safety
under AS 28.05.035; and
(4) did not take and complete the accident prevention
course described in (3) of this subsection as a result of an order or
sentence imposed by a court.

(g) An insurer may cancel a rate reduction provided under (f) of
this section if during the policy period the principal operator of the
insured motor vehicle is
(1) involved in an accident caused by the operator; or
(2) convicted of a moving traffic violation.

(h) The reduced rate provided for an operator under (f) of this
section may not extend beyond three years after the last day of the
operator's most recently successfully completed motor vehicle accident
prevention course described in (f)(3) of this section.

* Sec. 2. AS 28.05 is amended by adding a new section to read:

Sec. 28.05.035. COMMISSIONER MAY APPROVE ACCIDENT PREVENTION
COURSES. For the purposes of AS 21.89.020(f)(3), the commissioner may
approve driver education courses intended to prevent motor vehicle
accidents and promote safe driving practices.

* Sec. 3. APPLICABILITY. This Act applies to policies of motor vehicle
casualty insurance entered into or renewed after October 1, 1987.

* Sec. 4. This Act takes effect October 1, 1987.

HB0036

SCS CSHB 36(L&C)

5/12/87

Judiciary
Grussendorf and
Gruenberg

BY THE LABOR AND
COMMERCE COMMITTEE

SENATE CS FOR CS FOR HOUSE BILL NO. 36 (L&C)

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act requiring certain motor vehicle insurance
policies to provide reduced rates for certain per-
sons; and providing for an effective date."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 21.89.020 is amended by adding new subsections to read:

(f) An insurer shall provide an appropriate reduction in the
premium charged for a motor vehicle casualty insurance policy when the
principal operator of the motor vehicle covered by the insurance
policy
(1) is 55 years of age or older;

(2) requests the insurer to provide the reduction;

(3) provides the insurer with proof satisfactory to the
director that the operator has within the three years before request-
ing the reduction taken and successfully completed a motor vehicle
accident prevention course approved by the Department of Public Safety
under AS 28.05.035; and
(4) did not take and complete the accident prevention
course described in (3) of this subsection as a result of an order or
sentence imposed by a court.

(g) An insurer may cancel a rate reduction provided under (f) of
this section if during the policy period the principal operator of the
insured motor vehicle is
(1) involved in an accident caused by the operator; or
(2) convicted of a moving traffic violation.

(h) The reduced rate provided for an operator under (f) of this
section may not extend beyond three years after the last day of the
operator's most recently successfully completed motor vehicle accident
prevention course described in (f)(3) of this section.

* Sec. 2. AS 28.05 is amended by adding a new section to read:

Sec. 28.05.035. COMMISSIONER MAY APPROVE ACCIDENT PREVENTION
COURSES. For the purposes of AS 21.89.020(f)(3), the commissioner may
approve driver education courses intended to prevent motor vehicle
accidents and promote safe driving practices.

* Sec. 3. APPLICABILITY. This Act applies to policies of motor vehicle
casualty insurance entered into or renewed after October 1, 1987.

* Sec. 4. This Act takes effect October 1, 1987.

HB0036

SCS CSHB 36(Jud)

2/5/88

Rules
Grussendorf and
Gruenberg

BY THE JUDICIARY COMMITTEE

SENATE CS FOR CS FOR HOUSE BILL NO. 36 (Judiciary)

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - SECOND SESSION

A BILL

"An Act requiring certain motor vehicle insurance
policies to provide reduced rates for certain per-
sons; and providing for an effective date."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 21.89.020 is amended by adding new subsections to read:

(f) An insurer shall provide an appropriate reduction in the
premium charged for a motor vehicle casualty insurance policy when the
principal operator of the motor vehicle covered by the insurance
policy
(1) is 55 years of age or older;

(2) requests the insurer to provide the reduction;

(3) provides the insurer with proof satisfactory to the
director that the operator has within the three years before request-
ing the reduction taken and successfully completed a motor vehicle
accident prevention course approved by the Department of Public Safety
under AS 28.05.035; and
(4) did not take and complete the accident prevention
course described in (3) of this subsection as a result of an order or
sentence imposed by a court.

(g) An insurer may cancel a rate reduction provided under (f) of
this section if during the policy period the principal operator of the
insured motor vehicle is
(1) involved in an accident caused by the operator; or
(2) convicted of a moving traffic violation.

(h) The reduced rate provided for an operator under (f) of this
section may not extend beyond three years after the last day of the
operator's most recently successfully completed motor vehicle accident
prevention course described in (f)(3) of this section.

* Sec. 2. AS 28.05 is amended by adding a new section to read:

Sec. 28.05.035. COMMISSIONER MAY APPROVE ACCIDENT PREVENTION
COURSES. For the purposes of AS 21.89.020(f)(3), the commissioner may
approve driver education courses intended to prevent motor vehicle
accidents and promote safe driving practices.

* Sec. 3. APPLICABILITY. This Act applies to policies of motor vehicle
casualty insurance entered into or renewed on or after October 1, 1988.

* Sec. 4. This Act takes effect October 1, 1988.

HB0037

HB 37

1/19/87

Community & Regional
Affairs and Finance

BY TAYLOR AND GRUENBERG

HOUSE BILL NO. 37

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to certain municipal property tax
procedures; and providing for an effective date."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 29.45.010 is amended by adding a new subsection to
read:

(d) All municipal bodies shall make procedures, restrictions,
conditions, formulas, or other methods used to assess a property tax
available to the public on request under reasonable rules during
regular business hours.

* Sec 2. AS 29.45.210(b) is amended to read:

(b) The assessor [APPELLANT] bears the burden of proof. The
only grounds for adjustment of assessment are proof of unequal, exces-
sive, improper, or under valuation based on facts that are stated in a
valid written appeal or proven at the appeal hearing, If a valuation
is found to be too low, the board of equalization may raise the as-
sessment.

* Sec. 3. This Act takes effect January 1, 1988.

HB0038

HB 38

1/19/87

Resources and
Finance

BY TAYLOR

HOUSE BILL NO. 38

IN THE LEGISLATURE OF THE STATE OF ALASKA

FIFTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to fisheries enhancement loans."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

* Section 1. AS 16.10.520(a) is amended to read:

(a) A single fisheries enhancement loan may not exceed
$10,000,000 for a hatchery or other enhancement or rehabilitation
activity conducted under a permit granted to a qualified regional
association which has formed a nonprofit corporation, or to a local
nonprofit corporation approved by a qualified regional association. A
single loan for a hatchery or other enhancement or rehabilitation
activity conducted by any other nonprofit hatchery corporation
[PROJECT] may not exceed $1,000,000.

* Sec. 2. AS 16.10.520 is amended by adding new subsections to read:

(f) The total of all outstanding fisheries enhancement loans for
a hatchery or other enhancement or rehabilitation activity conducted
under a permit granted to a qualified regional association which has
formed a nonprofit corporation, or to a local nonprofit corporation
approved by a qualified regional association, may not exceed
$20,000,000 at any one time. The total of all outstanding fisheries
enhancement loans for a hatchery or other enhancement or
rehabilitation activity conducted by any other nonprofit hatchery
corporation may not exceed $5,000,000 at any one time. The limits set
out in this subsection may be waived by the commissioner if it is in
the best interest of the state to waive the limits. The commissioner
shall adopt regulations setting out the criteria and amounts by which
the loan limits may be waived.

(g) The commissioner shall adopt regulations establishing crite-
ria for determining if a local nonprofit corporation has been approved
by a qualified regional enhancement association, for the purposes of
(a) and (f) of this section.

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