Previous

CSHB 90(Trsp)

2/8/89

Finance

Labor and Commerce
Committee

BY THE TRANSPORTATION COMMITTEE

CS FOR HOUSE BILL NO. 90 (Transportation)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to school bus safety and the wages
and licensing of school bus drivers; and providing
for an effective date."

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

* Section 1. SHORT TITLE. This Act may be known as the Alaska School
Bus Safety Act.

* Sec. 2. AS 23.10.055(5) is amended to read:

(5) an individual employed by the United States or by the
state or political subdivision of the state, except as provided in
AS 23.10.065(b), including prisoners not on furlough detained or
confined in prison facilities;

* Sec. 3. AS 23.10.065 is amended to read:

Sec. 23.10.065. MINIMUM WAGES. Except as provided under (b) of
this section, an [AN] employer shall pay to each employee wages at a
rate of not less than 50 cents an hour greater than the prevailing
Federal Minimum Wage Law or $2.60 an hour, whichever is greater, for
hours worked in a pay period, whether the work is measured by time,
piece, commission or otherwise. An employer may not apply tips or
gratuities bestowed upon employees as a credit toward payment of the
minimum hourly wage required by this section. Tip credit as defined
by the Fair Labor Standards Act of 1938 as amended does not apply to
the minimum wage established by this section.

* Sec. 4. AS 23.10.065 is amended by adding new subsections to read:

(b) Subject to the limitation under (c) of this section, an
employer shall pay to each person employed as a public school bus
driver wages at a rate of not less than two times the minimum wage
established under (a) of this section, for hours worked in a pay
period, whether work is measured by time, commission, or otherwise.

An employer may not apply fringe benefits as a credit toward payment
of the minimum wage established under this subsection.

(c) Notwithstanding (b) of this section, an employer who con-
tracts with the Department of Education, a school district, or a
regional educational attendance area to provide school bus transporta-
tion services is not required to adjust school bus driver wages under
(b) of this section, except when entering into or renewing the con-
tract.

* Sec. 5. AS 28.05 is amended by adding a new section to article 2 to
read:

Sec. 28.05.104. SCHOOL BUSES. (a) Each school district or
regional educational attendance area shall
(1) provide instruction on safe boarding, riding, exiting,
and emergency procedures to school children transported to or from a
public school by school bus; and
(2) conduct at least two drills each school year on school
bus emergency procedures.

(b) The Department of Education, in coordination with the De-
partment of Public Safety, shall
(1) establish equipment requirements for a school bus that
is used to transport school children to or from a public school; and
(2) at least twice each calendar year, inspect each school
bus for compliance with this subsection.

* Sec. 6. AS 28.15.046(b) is amended to read:

(b) The department may not issue a license under this section
unless the applicant
(1) is at least 21 [19] years of age;

(2) has had a license to operate a motor vehicle at least
three years [ONE YEAR] before the date of application;

(3) has successfully completed all required driving, writ-
ten, and physical examinations;

(4) has submitted information sufficient to complete a
background check consisting of a fingerprint check of national crimi-
nal records and state criminal records of the state or states in which
the applicant has resided for the past two years;

(5) has completed a state approved school bus driver train-
ing course established under AS 14.07.020(a)(14) or has for the previ-
ous two years been licensed by the state to operate a school bus.

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

HB0090

CSHB 90(Fin)

3/29/89

Rules

Labor and Commerce
Committee

BY THE FINANCE COMMITTEE

CS FOR HOUSE BILL NO. 90 (Finance)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to school bus safety and the wages
and licensing of school bus drivers; and providing
for an effective date."

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

* Section 1. SHORT TITLE. This Act may be known as the Alaska School
Bus Safety Act.

* Sec. 2. AS 23.10.055(5) is amended to read:

(5) an individual employed by the United States or by the
state or political subdivision of the state, except as provided in
AS 23.10.065(b), including prisoners not on furlough detained or
confined in prison facilities;

* Sec. 3. AS 23.10.065 is amended to read:

Sec. 23.10.065. MINIMUM WAGES. Except as provided under (b) of
this section, an [AN] employer shall pay to each employee wages at a
rate of not less than 50 cents an hour greater than the prevailing
Federal Minimum Wage Law or $2.60 an hour, whichever is greater, for
hours worked in a pay period, whether the work is measured by time,
piece, commission or otherwise. An employer may not apply tips or
gratuities bestowed upon employees as a credit toward payment of the
minimum hourly wage required by this section. Tip credit as defined
by the Fair Labor Standards Act of 1938 as amended does not apply to
the minimum wage established by this section.

* Sec. 4. AS 23.10.065 is amended by adding new subsections to read:

(b) Subject to the limitation under (c) of this section, an
employer shall pay to each person employed as a public school bus
driver wages at a rate of not less than two times the minimum wage
established under (a) of this section, for hours worked in a pay
period, whether work is measured by time, commission, or otherwise.

An employer may not apply fringe benefits as a credit toward payment
of the minimum wage established under this subsection.

(c) Notwithstanding (b) of this section, an employer who con-
tracts with the Department of Education, a school district, or a
regional educational attendance area to provide school bus transporta-
tion services is not required to adjust school bus driver wages under
(b) of this section, except when entering into or renewing the con-
tract.

* Sec. 5. AS 28.05 is amended by adding a new section to article 2 to
read:

Sec. 28.05.104. SCHOOL BUSES. (a) Each school district or
regional educational attendance area shall
(1) provide instruction on safe boarding, riding, exiting,
and emergency procedures to school children transported to or from a
public school by school bus; and
(2) conduct at least two drills each school year on school
bus emergency procedures.

(b) The Department of Education, in coordination with the De-
partment of Public Safety, shall
(1) establish equipment requirements for a school bus that
is used to transport school children to or from a public school; and
(2) at least twice each calendar year, inspect each school
bus for compliance with this subsection.

* Sec. 6. AS 28.15.046(b) is amended to read:

(b) The department may not issue a license under this section
unless the applicant
(1) is at least 21 [19] years of age;

(2) has had a license to operate a motor vehicle at least
three years [ONE YEAR] before the date of application;

(3) has successfully completed all required driving, writ-
ten, and physical examinations;

(4) has submitted information sufficient to complete a
background check consisting of a fingerprint check of national crimi-
nal records and state criminal records of the state or states in which
the applicant has resided for the past two years;

(5) has completed a state approved school bus driver train-
ing course established under AS 14.07.020(a)(14) or has for the previ-
ous two years been licensed by the state to operate a school bus.

* Sec. 7. EXCEPTION FOR THOSE 19 YEARS OF AGE OR OLDER AS OF JANUARY 1,
1989. Notwithstanding AS 28.15.046(b)(1), as amended in sec 6 of this Act,
a person who is 19 years of age or older as of January 1, 1989, may be
licensed as a school bus driver, if the person is otherwise qualified under
AS 28.15.046.

* Sec. 8. Section 5 of this Act takes effect January 1, 1990.

* Sec. 9. Except for sec. 5, this Act takes effect September 1, 1989.

HB0090

SCS CSHB 90(Fin)

5/9/89

Rules

Labor and Commerce
Committee

BY THE FINANCE COMMITTEE

SENATE CS FOR CS FOR HOUSE BILL NO. 90 (Finance)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to school bus safety and the wages
and licensing of school bus drivers; and providing
for an effective date."

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

* Section 1. SHORT TITLE. This Act may be known as the Alaska School
Bus Safety Act.

* Sec. 2. AS 23.10.055(5) is amended to read:

(5) an individual employed by the United States or by the
state or political subdivision of the state, except as provided in
AS 23.10.065(b), including prisoners not on furlough detained or
confined in prison facilities;

* Sec. 3. AS 23.10.065 is amended to read:

Sec. 23.10.065. MINIMUM WAGES. Except as provided under (b) of
this section, an [AN] employer shall pay to each employee wages at a
rate of not less than 50 cents an hour greater than the prevailing
Federal Minimum Wage Law or $2.60 an hour, whichever is greater, for
hours worked in a pay period, whether the work is measured by time,
piece, commission or otherwise. An employer may not apply tips or
gratuities bestowed upon employees as a credit toward payment of the
minimum hourly wage required by this section. Tip credit as defined
by the Fair Labor Standards Act of 1938 as amended does not apply to
the minimum wage established by this section.

* Sec. 4. AS 23.10.065 is amended by adding new subsections to read:

(b) Subject to the limitation under (c) of this section, an
employer shall pay to each person employed as a public school bus
driver wages at a rate of not less than two times the minimum wage
established under (a) of this section, for hours worked in a pay
period, whether work is measured by time, commission, or otherwise.

An employer may not apply fringe benefits as a credit toward payment
of the minimum wage established under this subsection.

(c) Notwithstanding (b) of this section, an employer who con-
tracts with the Department of Education, a school district, or a
regional educational attendance area to provide school bus transporta-
tion services is not required to adjust school bus driver wages under
(b) of this section, except when entering into or renewing the con-
tract.

* Sec. 5. AS 28.05 is amended by adding a new section to article 2 to
read:

Sec. 28.05.104. SCHOOL BUSES. (a) Each school district or
regional educational attendance area shall
(1) provide instruction on safe boarding, riding, exiting,
and emergency procedures to school children transported to or from a
public school by school bus;

(2) provide instruction to drivers and passengers on the
proper use of seat belts, if school children in the district or area
are transported in buses equipped with seat belts; and
(3) conduct at least three drills each school year in safe
boarding, exiting, and emergency procedures; one drill must be con-
ducted during the first three weeks of the school term.

(b) The Department of Education, in coordination with the De-
partment of Public Safety, shall
(1) establish equipment requirements for each type of
school bus that is used to transport school children to or from a
public school; equipment requirements must include interior flamabil-
ity standards, number and location of emergency exits, seat-back
height and padding requirements, and seat belt standards;

(2) at least twice each calendar year, inspect each school
bus for compliance with this subsection; and
(3) maintain a record of each accident involving a school
bus or other vehicle transporting school children that is owned,
leased, or provided under contract to a school district or regional
educational attendance area; the record must include the date of the
accident, a list of persons injured, whether the person's injury
occurred within the school bus, and each type of injury.

* Sec. 6. AS 28.15.046(b) is amended to read:

(b) The department may not issue a license under this section
unless the applicant
(1) is at least 21 [19] years of age;

(2) has had a license to operate a motor vehicle at least
three years [ONE YEAR] before the date of application;

(3) has successfully completed all required driving, writ-
ten, and physical examinations;

(4) has submitted information sufficient to complete a
background check consisting of a fingerprint check of national crimi-
nal records and state criminal records of the state or states in which
the applicant has resided for the past two years;

(5) has completed a state approved school bus driver train-
ing course established under AS 14.07.020(a)(14) or has for the previ-
ous two years been licensed by the state to operate a school bus.

* Sec. 7. EXCEPTION FOR THOSE 19 YEARS OF AGE OR OLDER AS OF JANUARY 1,
1989. Notwithstanding AS 28.15.046(b)(1), as amended in sec 6 of this Act,
a person who is 19 years of age or older as of January 1, 1989, may be
licensed as a school bus driver, if the person is otherwise qualified under
AS 28.15.046.

* Sec. 8. REPORT. The Department of Education shall report to the
legislature by February 15, 1990, on the steps taken to implement AS 28.-
05.104, added by sec. 5 of this Act, by school districts, regional educa-
tional attendance areas, and the Department of Education.

* Sec. 9. Section 5 of this Act takes effect January 1, 1990.

* Sec. 10. Except for sec. 5, this Act takes effect September 1, 1989.

HB0090

SCS CSHB 90(Rls)

2/26/90

): Labor & Commerce Committee

BY THE RULES COMMITTEE

SENATE CS FOR CS FOR HOUSE BILL NO. 90 (Rules)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - SECOND SESSION

A BILL

"An Act relating to school bus safety and the wages
and licensing of school bus drivers; and providing
for an effective date."

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

* Section 1. SHORT TITLE. This Act may be known as the Alaska School
Bus Safety Act.

* Sec. 2. AS 23.10.055(5) is amended to read:

(5) an individual employed by the United States or by the
state or political subdivision of the state, except as provided in
AS 23.10.065(b), including prisoners not on furlough detained or
confined in prison facilities;

* Sec. 3. AS 23.10.065 is amended to read:

Sec. 23.10.065. MINIMUM WAGES. Except as provided under (b) of
this section, an [AN] employer shall pay to each employee wages at a
rate of not less than 50 cents an hour greater than the prevailing
Federal Minimum Wage Law or $2.60 an hour, whichever is greater, for
hours worked in a pay period, whether the work is measured by time,
piece, commission or otherwise. An employer may not apply tips or
gratuities bestowed upon employees as a credit toward payment of the
minimum hourly wage required by this section. Tip credit as defined
by the Fair Labor Standards Act of 1938 as amended does not apply to
the minimum wage established by this section.

* Sec. 4. AS 23.10.065 is amended by adding new subsections to read:

(b) Subject to the limitation under (c) of this section, an
employer shall pay to each person employed as a public school bus
driver wages at a rate of not less than two times the minimum wage
established under (a) of this section, for hours worked in a pay
period, whether work is measured by time, commission, or otherwise.

An employer may not apply fringe benefits as a credit toward payment
of the minimum wage established under this subsection.

(c) Notwithstanding (b) of this section, an employer who con-
tracts with the Department of Education, a school district, or a
regional educational attendance area to provide school bus transporta-
tion services is not required to adjust school bus driver wages under
(b) of this section, except when entering into or renewing the con-
tract.

* Sec. 5. AS 28.05 is amended by adding a new section to article 2 to
read:

Sec. 28.05.104. SCHOOL BUSES. (a) Each school district or
regional educational attendance area shall
(1) provide instruction on safe boarding, riding, exiting,
and emergency procedures to school children transported to or from a
public school by school bus;

(2) provide instruction to drivers and passengers on the
proper use of seat belts, if school children in the district or area
are transported in buses equipped with seat belts; and
(3) conduct at least three drills each school year in safe
boarding, exiting, and emergency procedures; one drill must be con-
ducted during the first three weeks of the school term.

(b) The Department of Education, in coordination with the De-
partment of Public Safety, shall
(1) establish equipment requirements for each type of
school bus that is used to transport school children to or from a
public school; equipment requirements must include interior flamabil-
ity standards, number and location of emergency exits, seat-back
height and padding requirements, and seat belt standards;

(2) at least twice each calendar year, inspect each school
bus for compliance with this subsection; and
(3) maintain a record of each accident involving a school
bus or other vehicle transporting school children that is owned,
leased, or provided under contract to a school district or regional
educational attendance area; the record must include the date of the
accident, a list of persons injured, whether the person's injury
occurred within the school bus, and each type of injury.

* Sec. 6. AS 28.15.046(b) is amended to read:

(b) The department may not issue a license under this section
unless the applicant
(1) is at least 21 [19] years of age;

(2) has had a license to operate a motor vehicle at least
three years [ONE YEAR] before the date of application;

(3) has successfully completed all required driving, writ-
ten, and physical examinations;

(4) has submitted information sufficient to complete a
background check consisting of a fingerprint check of national crimi-
nal records and state criminal records of the state or states in which
the applicant has resided for the past two years;

(5) has completed a state approved school bus driver train-
ing course established under AS 14.07.020(a)(14) or has for the previ-
ous two years been licensed by the state to operate a school bus.

* Sec. 7. EXCEPTION FOR THOSE 19 YEARS OF AGE OR OLDER AS OF JANUARY 1,
1990. Notwithstanding AS 28.15.046(b)(1), as amended in sec 6 of this Act,
a person who is 19 years of age or older as of January 1, 1990, may be
licensed as a school bus driver, if the person is otherwise qualified under
AS 28.15.046.

* Sec. 8. REPORT. The Department of Education shall report to the
legislature by February 15, 1991, on the steps taken to implement AS 28.-
05.104, added by sec. 5 of this Act, by school districts, regional educa-
tional attendance areas, and the Department of Education.

* Sec. 9. Section 5 of this Act takes effect January 1, 1991.

* Sec. 10. Except for sec. 5, this Act takes effect September 1, 1990.

HB0090

SCS CSHB 90(Rls) am S

2/28/90
2/26/90

): Labor & Commerce Committee

BY THE RULES COMMITTEE

SENATE CS FOR CS FOR HOUSE BILL NO. 90 (Rules) am S

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - SECOND SESSION

A BILL

"An Act relating to school bus safety and the wages
and licensing of school bus drivers; and providing
for an effective date."

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

* Section 1. SHORT TITLE. This Act may be known as the Alaska School
Bus Safety Act.

* Sec. 2. AS 23.10.055(5) is amended to read:

(5) an individual employed by the United States or by the
state or political subdivision of the state, except as provided in
AS 23.10.065(b), including prisoners not on furlough detained or
confined in prison facilities;

* Sec. 3. AS 23.10.065 is amended to read:

Sec. 23.10.065. MINIMUM WAGES. Except as provided under (b) of
this section, an [AN] employer shall pay to each employee wages at a
rate of not less than 50 cents an hour greater than the prevailing
Federal Minimum Wage Law [OR $2.60 AN HOUR, WHICHEVER IS GREATER,] for
hours worked in a pay period, whether the work is measured by time,
piece, commission or otherwise. An employer may not apply tips or
gratuities bestowed upon employees as a credit toward payment of the
minimum hourly wage required by this section. Tip credit as defined
by the Fair Labor Standards Act of 1938 as amended does not apply to
the minimum wage established by this section.

* Sec. 4. AS 23.10.065 is amended by adding new subsections to read:

(b) Subject to the limitation under (c) of this section, an
employer shall pay to each person employed as a public school bus
driver wages at a rate of not less than two times the minimum wage
established under (a) of this section, for hours worked in a pay
period, whether work is measured by time, commission, or otherwise.

An employer may not apply fringe benefits as a credit toward payment
of the minimum wage established under this subsection.

(c) Notwithstanding (b) of this section, an employer who con-
tracts with the Department of Education, a school district, or a
regional educational attendance area to provide school bus transporta-
tion services is not required to adjust school bus driver wages under
(b) of this section, except when entering into or renewing the con-
tract.

* Sec. 5. AS 28.05 is amended by adding a new section to article 2 to
read:

Sec. 28.05.104. SCHOOL BUSES. (a) Each school district or
regional educational attendance area shall
(1) provide instruction on safe boarding, riding, exiting,
and emergency procedures to school children transported to or from a
public school by school bus;

(2) provide instruction to drivers and passengers on the
proper use of seat belts, if school children in the district or area
are transported in buses equipped with seat belts; and
(3) conduct at least three drills each school year in safe
boarding, exiting, and emergency procedures; one drill must be con-
ducted during the first three weeks of the school term.

(b) The Department of Education, in coordination with the De-
partment of Public Safety, shall
(1) establish equipment requirements for each type of
school bus that is used to transport school children to or from a
public school; equipment requirements must include interior flamabil-
ity standards, number and location of emergency exits, seat-back
height and padding requirements, and seat belt standards;

(2) at least twice each calendar year, inspect each school
bus for compliance with this subsection; and
(3) maintain a record of each accident involving a school
bus or other vehicle transporting school children that is owned,
leased, or provided under contract to a school district or regional
educational attendance area; the record must include the date of the
accident, a list of persons injured, whether the person's injury
occurred within the school bus, and each type of injury.

* Sec. 6. AS 28.15.046(b) is amended to read:

(b) The department may not issue a license under this section
unless the applicant
(1) is at least 21 [19] years of age;

(2) has had a license to operate a motor vehicle at least
three years [ONE YEAR] before the date of application;

(3) has successfully completed all required driving, writ-
ten, and physical examinations;

(4) has submitted information sufficient to complete a
background check consisting of a fingerprint check of national crimi-
nal records and state criminal records of the state or states in which
the applicant has resided for the past two years;

(5) has completed a state approved school bus driver train-
ing course established under AS 14.07.020(a)(14) or has for the previ-
ous two years been licensed by the state to operate a school bus.

* Sec. 7. EXCEPTION FOR THOSE 19 YEARS OF AGE OR OLDER AS OF JANUARY 1,
1990. Notwithstanding AS 28.15.046(b)(1), as amended in sec 6 of this Act,
a person who is 19 years of age or older as of January 1, 1990, may be
licensed as a school bus driver, if the person is otherwise qualified under
AS 28.15.046.

* Sec. 8. REPORT. The Department of Education shall report to the
legislature by February 15, 1991, on the steps taken to implement AS 28.-
05.104, added by sec. 5 of this Act, by school districts, regional educa-
tional attendance areas, and the Department of Education.

* Sec. 9. Section 5 of this Act takes effect January 1, 1991.

* Sec. 10. Except for sec. 5, this Act takes effect September 1, 1990.

HB0091

HB 91

1/20/89

State Affairs
and Judiciary

BY THE LABOR AND
COMMERCE COMMITTEE

HOUSE BILL NO. 91

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to protection for certain public
employees and certain other persons who report
matters of public concern."

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

* Section 1. AS 39.90 is amended by adding new sections to read:

ARTICLE 2. PROTECTION FOR REPORTS OF CERTAIN MATTERS.

Sec. 39.90.100. PERSONS PROTECTED. (a) A public employer may
not discharge, threaten, or otherwise discriminate against an employee
regarding the employee's compensation, terms, conditions, location, or
privileges of employment because
(1) the employee, or a person acting on behalf of the
employee, reports to a public body or is about to report to a public
body a matter of public concern; or
(2) the employee is requested by a public body to partici-
pate in a court action or in an investigation, hearing, or inquiry
held by that public body.

(b) A public employer may not disqualify a public employee or
other person who reports a matter of public concern, or a public
employee on whose behalf a matter of public concern is reported,
because the employee or person reported the matter, from eligibility
to
(1) bid on contracts with the public employer;

(2) receive land under a law of the state or an ordinance
of the municipality; or
(3) receive another right, privilege, or benefit.

(c) The provisions of AS 39.90.100 - 39.90.120 do not
(1) require an employer to compensate an employee for
participation in a court action or in an investigation, hearing, or
inquiry by a public body;

(2) prohibit an employer from compensating an employee for
participation in a court action or in an investigation, hearing, or
inquiry by a public body;

(3) authorize the disclosure of information that is legally
required to be kept confidential; or
(4) diminish or impair the rights of an employee under a
collective bargaining agreement.

(d) An employer shall post notices and use other appropriate
means to inform employees of their protections and obligations under
AS 39.90.100 - 39.90.120.

Sec. 39.90.110. RELIEF AND PENALTIES. (a) A person who alleges
a violation of AS 39.90.100 may bring a civil action and the court may
grant appropriate relief.

(b) A person who violates or attempts to violate AS 39.90.100 -
39.90.120 is also liable for a civil fine of not more than $10,000.

The attorney general may enforce this subsection.

(c) A person who attempts to prevent another person from making
a report or participating in a matter under AS 39.90.100(a) with
intent to impede or prevent a public inquiry on the matter is liable
for a civil fine of not more than $10,000.

Sec. 39.90.120. DEFINITIONS. In AS 39.90.100 - 39.90.120
(1) "employee" or "public employee" means a person who
performs a service for wages or other remuneration under a contract of
hire, written or oral, express or implied, for a public employer;

(2) "employer" or "public employer" includes the state, a
public or quasi-public corporation or authority established by state
law, the University of Alaska, a municipality, a political subdivision
of the state, and the Alaska Railroad Corporation;

(3) "matter of public concern" means
(A) a violation of a state, federal, or municipal law,
regulation, or ordinance;

(B) a danger to public health or safety; or
(C) gross mismanagement, a substantial waste of funds,
or a clear abuse of authority;

(4) "public body" includes a federal, state, or municipal
officer or agency.

HB0091

CSHB 91(SA)

2/6/89

Judiciary

Labor and Commerce
Committee

BY THE STATE AFFAIRS COMMITTEE

CS FOR HOUSE BILL NO. 91 (State Affairs)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to protection for certain public
employees and certain other persons who report mat-
ters of public concern."

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

* Section 1. AS 39.90 is amended by adding new sections to read:

ARTICLE 2. PROTECTION FOR REPORTS OF CERTAIN MATTERS.

Sec. 39.90.100. PERSONS PROTECTED. (a) A public employer may
not discharge, threaten, or otherwise discriminate against an employee
regarding the employee's compensation, terms, conditions, location, or
privileges of employment because
(1) the employee, or a person acting on behalf of the
employee, reports to a public body or is about to report to a public
body a matter of public concern; or
(2) the employee is requested by a public body to partici-
pate in a court action or in an investigation, hearing, or inquiry
held by that public body.

(b) A public employer may not disqualify a public employee or
other person who reports a matter of public concern, or a public
employee on whose behalf a matter of public concern is reported,
because the employee or person reported the matter, from eligibility
to
(1) bid on contracts with the public employer;

(2) receive land under a law of the state or an ordinance
of the municipality; or
(3) receive another right, privilege, or benefit.

(c) The provisions of AS 39.90.100 - 39.90.130 do not
(1) require an employer to compensate an employee for
participation in a court action or in an investigation, hearing, or
inquiry by a public body;

(2) prohibit an employer from compensating an employee for
participation in a court action or in an investigation, hearing, or
inquiry by a public body;

(3) authorize the disclosure of information that is legally
required to be kept confidential; or
(4) diminish or impair the rights of an employee under a
collective bargaining agreement.

(d) An employer shall post notices and use other appropriate
means to inform employees of their protections and obligations under
AS 39.90.100 - 39.90.130.

Sec. 39.90.110. LIMITATION TO PROTECTIONS. An employee or other
person is not entitled to the protections under AS 39.90.100 - 39.90.-
130 unless the employee or other person
(1) has reasonable cause to believe that the information
reported is or is about to become a matter of public concern; and
(2) reports the information in good faith.

Sec. 39.90.120. RELIEF AND PENALTIES. (a) A person who alleges
a violation of AS 39.90.100 may bring a civil action and the court may
grant appropriate relief.

(b) A person who violates or attempts to violate AS 39.90.100 -
39.90.130 is also liable for a civil fine of not more than $10,000.

The attorney general may enforce this subsection.

(c) A person who attempts to prevent another person from making
a report or participating in a matter under AS 39.90.100(a) with
intent to impede or prevent a public inquiry on the matter is liable
for a civil fine of not more than $10,000.

Sec. 39.90.130. DEFINITIONS. In AS 39.90.100 - 39.90.130
(1) "employee" or "public employee" means a person who
performs a service for wages or other remuneration under a contract of
hire, written or oral, express or implied, for a public employer;

(2) "employer" or "public employer" includes the state, a
public or quasi-public corporation or authority established by state
law, the University of Alaska, a municipality, a political subdivision
of the state including a school district or rural educational atten-
dance area, and the Alaska Railroad Corporation;

(3) "matter of public concern" means
(A) a violation of a state, federal, or municipal law,
regulation, or ordinance;

(B) a danger to public health or safety; or
(C) gross mismanagement, a substantial waste of funds,
or a clear abuse of authority;

(4) "public body" includes an officer or agency of the
federal government, the state, a public or quasi-public corporation or
authority established by state law including the Alaska Railroad
Corporation, the University of Alaska, a political subdivision of the
state including a school district or rural educational attendance
area, or a municipality.

HB0091

CSHB 91(Jud)

3/15/89

Rules

Labor and Commerce
Committee

BY THE JUDICIARY COMMITTEE

CS FOR HOUSE BILL NO. 91 (Judiciary)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to protection for certain public
employees and certain other persons who report or
participate in a proceeding connected with a matter
of public concern."

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

* Section 1. AS 39.90 is amended by adding new sections to read:

ARTICLE 2. PROTECTION FOR WHISTLEBLOWERS.

Sec. 39.90.100. PERSONS PROTECTED. (a) A public employer may
not discharge, threaten, or otherwise discriminate against an employee
regarding the employee's compensation, terms, conditions, location, or
privileges of employment because
(1) the employee, or a person acting on behalf of the
employee, reports to a public body or is about to report to a public
body a matter of public concern; or
(2) the employee participates in a court action, an inves-
tigation, a hearing, or an inquiry held by a public body on a matter
of public concern.

(b) A public employer may not disqualify a public employee or
other person who reports a matter of public concern or participates in
a proceeding connected with a matter of public concern before a public
body or court, because of the report or participation, from eligibili-
ty to
(1) bid on contracts with the public employer;

(2) receive land under a law of the state or an ordinance
of the municipality; or
(3) receive another right, privilege, or benefit.

(c) The provisions of AS 39.90.100 - 39.90.140 do not
(1) require an employer to compensate an employee for
participation in a court action or in an investigation, hearing, or
inquiry by a public body;

(2) prohibit an employer from compensating an employee for
participation in a court action or in an investigation, hearing, or
inquiry by a public body;

(3) authorize the disclosure of information that is legally
required to be kept confidential; or
(4) diminish or impair the rights of an employee under a
collective bargaining agreement.

(d) An employer shall post notices and use other appropriate
means to inform employees of their protections and obligations under
AS 39.90.100 - 39.90.140.

Sec. 39.90.110. LIMITATION TO PROTECTIONS. (a) A person is not
entitled to the protections under AS 39.90.100 - 39.90.140 unless the
person
(1) reasonably believes that the information reported is or
is about to become a matter of public concern; and
(2) reports the information in good faith.

(b) A person is entitled to the protections under AS 39.90.100 -
39.90.140 only if the matter of public concern
(1) is not the result of conduct by the person seeking
protection; or
(2) is the result of conduct by the person that was re-
quired by the person's employer.

(c) As part of its written personnel policy, a public employer
may require that, before an employee initiates a report on a matter of
public concern under AS 39.90.100, the employee shall submit a written
report concerning the matter to the employer. However, the employee
is not required to submit a report if the employee
(1) reasonably believes that reports to the employer will
not result in prompt action to remedy the matter of public concern;

(2) believes with reasonable certainty that the activity,
policy, or practice is already known to one or more supervisors;

(3) reasonably believes that an emergency is involved; or
(4) reasonably fears reprisal or discrimination as a result
of disclosure.

Sec. 39.90.120. RELIEF AND PENALTIES. (a) A person who alleges
a violation of AS 39.90.100 may bring a civil action and the court may
grant appropriate relief, including punitive damages.

(b) A person who violates or attempts to violate AS 39.90.100 is
also liable for a civil fine of not more than $10,000. The attorney
general may enforce this subsection.

(c) A person who attempts to prevent another person from making
a report or participating in a matter under AS 39.90.100(a) with
intent to impede or prevent a public inquiry on the matter is liable
for a civil fine of not more than $10,000.

Sec. 39.90.130. DEFINITIONS. In AS 39.90.100 - 39.90.140
(1) "employee" or "public employee" means a person who
performs a service for wages or other remuneration under a contract of
hire, written or oral, express or implied, for a public employer;

(2) "employer" or "public employer" includes the state, a
public or quasi-public corporation or authority established by state
law including the Alaska Railroad Corporation, the University of
Alaska, and a political subdivision of the state including a
municipality, school district, and rural educational attendance area;

(3) "matter of public concern" means
(A) a violation of a state, federal, or municipal law,
regulation, or ordinance;

(B) a danger to public health or safety;

(C) gross mismanagement, a substantial waste of funds,
or a clear abuse of authority; or
(D) a matter accepted for investigation by the office
of the ombudsman under AS 24.55.100 or 24.55.320;

(4) "public body" includes an officer or agency of
(A) the federal government;

(B) the state;

(C) a political subdivision of the state including
(i) a municipality;

(ii) a school district; and
(iii) a rural educational attendance area;

(D) a public or quasi-public corporation or authority
established by state law including the Alaska Railroad Corpora-
tion; and
(E) the University of Alaska.

Sec. 39.90.140. SHORT TITLE. AS 39.90.100 - 39.90.140 may be
cited as the Alaska Whistleblower Act.

HB0091

SCS CSHB 91(SA)

4/22/89

Judiciary and FInance

Labor and Commerce
Committee

BY THE STATE AFFAIRS COMMITTEE

SENATE CS FOR CS FOR HOUSE BILL NO. 91 (State Affairs)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to protection for certain public
employees and certain other persons who report or
participate in a proceeding connected with a matter
of public concern."

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

* Section 1. AS 39.90 is amended by adding new sections to read:

ARTICLE 2. PROTECTION FOR WHISTLEBLOWERS.

Sec. 39.90.100. PERSONS PROTECTED. (a) A public employer may
not discharge, threaten, or otherwise discriminate against an employee
regarding the employee's compensation, terms, conditions, location, or
privileges of employment because
(1) the employee, or a person acting on behalf of the
employee, reports to a public body or is about to report to a public
body a matter of public concern; or
(2) the employee participates in a court action, an inves-
tigation, a hearing, or an inquiry held by a public body on a matter
of public concern.

(b) A public employer may not disqualify a public employee or
other person who reports a matter of public concern or participates in
a proceeding connected with a matter of public concern before a public
body or court, because of the report or participation, from eligibili-
ty to
(1) bid on contracts with the public employer;

(2) receive land under a law of the state or an ordinance
of the municipality; or
(3) receive another right, privilege, or benefit.

(c) The provisions of AS 39.90.100 - 39.90.150 do not
(1) require an employer to compensate an employee for
participation in a court action or in an investigation, hearing, or
inquiry by a public body;

(2) prohibit an employer from compensating an employee for
participation in a court action or in an investigation, hearing, or
inquiry by a public body;

(3) authorize the disclosure of information that is legally
required to be kept confidential; or
(4) diminish or impair the rights of an employee under a
collective bargaining agreement.

(d) An employer shall post notices and use other appropriate
means to inform employees of their protections and obligations under
AS 39.90.100 - 39.90.150.

Sec. 39.90.110. LIMITATION TO PROTECTIONS. (a) A person is not
entitled to the protections under AS 39.90.100 - 39.90.150 unless the
person
(1) reasonably believes that the information reported is or
is about to become a matter of public concern; and
(2) reports the information in good faith.

(b) A person is entitled to the protections under AS 39.90.100 -
39.90.150 only if the matter of public concern
(1) is not the result of conduct by the person seeking
protection; or
(2) is the result of conduct by the person that was re-
quired by the person's employer.

(c) As part of its written personnel policy, a public employer
may require that, before an employee initiates a report on a matter of
public concern under AS 39.90.100, the employee shall submit a written
report concerning the matter to the employer. However, the employee
is not required to submit a report if the employee
(1) reasonably believes that reports to the employer will
not result in prompt action to remedy the matter of public concern;

(2) believes with reasonable certainty that the activity,
policy, or practice is already known to one or more supervisors;

(3) reasonably believes that an emergency is involved; or
(4) reasonably fears reprisal or discrimination as a result
of disclosure.

Sec. 39.90.120. RELIEF AND PENALTIES. (a) A person who alleges
a violation of AS 39.90.100 may bring a civil action and the court may
grant appropriate relief, including punitive damages.

(b) A person who violates or attempts to violate AS 39.90.100 is
also liable for a civil fine of not more than $10,000. The attorney
general may enforce this subsection.

(c) A person who attempts to prevent another person from making
a report or participating in a matter under AS 39.90.100(a) with
intent to impede or prevent a public inquiry on the matter is liable
for a civil fine of not more than $10,000.

Sec. 39.90.130. EXEMPTION FOR MUNICIPALITIES. A municipality is
not required to comply with the provisions of AS 39.90.100 - 39.90.150
if the municipality has adopted an ordinance that provides protections
for its employees and other persons that are substantially similar to
the protections under AS 39.90.100 - 39.90.150. Notwithstanding
AS 29.25.070, the ordinance may provide for a civil penalty for viola-
tion of the ordinance not to exceed $10,000.

Sec. 39.90.140. DEFINITIONS. In AS 39.90.100 - 39.90.150
(1) "employee" or "public employee" means a person who
performs a service for wages or other remuneration under a contract of
hire, written or oral, express or implied, for a public employer;

(2) "employer" or "public employer" includes the state, a
public or quasi-public corporation or authority established by state
law, the University of Alaska, and a political subdivision of the
state including a municipality, school district, and rural educational
attendance area;

(3) "matter of public concern" means
(A) a violation of a state, federal, or municipal law,
regulation, or ordinance;

(B) a danger to public health or safety;

(C) gross mismanagement, a substantial waste of funds,
or a clear abuse of authority; or
(D) a matter accepted for investigation by the office
of the ombudsman under AS 24.55.100 or 24.55.320;

(4) "public body" includes an officer or agency of
(A) the federal government;

(B) the state;

(C) a political subdivision of the state including
(i) a municipality;

(ii) a school district; and
(iii) a rural educational attendance area;

(D) a public or quasi-public corporation or authority
established by state law including the Alaska Railroad Corpora-
tion; and
(E) the University of Alaska.

Sec. 39.90.150. SHORT TITLE. AS 39.90.100 - 39.90.150 may be
cited as the Alaska Whistleblower Act.

HB0092

HB 92

1/20/89

Labor & Commerce,
Health, Education & Social
Services and Finance

BY ELLIS

HOUSE BILL NO. 92

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to insurance coverage for the treat-
ment of a mental or nervous condition."

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

* Section 1. AS 21.42 is amended by adding a new section to read:

Sec. 21.42.375. COVERAGE FOR TREATMENT OF A MENTAL OR NERVOUS
CONDITION. (a) An insurer authorized under AS 21.09 to offer, issue
for delivery, deliver, or renew a group disability insurance policy
for major medical coverage on an expense-incurred basis in the state,
or a hospital or medical service corporation authorized under AS 21.87
to offer or renew a group contract for major medical coverage in the
state, must provide the insured or subscriber the following coverage
for treatment of a mental or nervous condition of the insured, sub-
scriber, or other person covered by the policy or contract:

(1) 45 days a year of inpatient treatment for each covered
individual;

(2) a total of 50 hours of outpatient treatment or office
visits a year for each covered individual.

(b) The insurer or service corporation providing coverage under
this section may impose reasonable contract limitations but may not
require that the insured or subscriber pay a higher deductible or
co-payment for the cost of treating a mental or nervous condition than
for the cost of treating another condition or illness.

(c) Notwithstanding (a) of this section, if the insured or
subscriber is an employer who employed fewer than 20 permanent, full-
time employees for each working day during each of at least 20 calen-
dar workweeks in either the current calendar year or the preceding
calendar year, the insurer, hospital, or medical service corporation
is not required to provide the coverage specified in (a) of this
section to the insured or subscriber but shall offer that coverage to
the insured or subscriber as optional coverage.

(d) In this section
(1) "consulting relationship" means a relationship that
involves review of treatment plans and goals and in-person patient
contact on at least a quarterly basis;

(2) "co-payment" means the portion of the cost to be paid
by the insured or subscriberin excess of the deductible;

(3) "cost" means the lowest of the following:

(A) the actual charge for the treatment received for a
mental or nervous condition;

(B) the usual, customary, and reasonable charge for
the treatment as determined by the contract of coverage; or
(C) the charge agreed to by contract between the
provider and the insurer, hospital service corporation, or med-
ical service corporation;

(4) "deductible" means the portion of covered costs that
must be incurred before benefits become payable;

(5) "inpatient treatment" means treatment of a hospital
registered bed patient for whom the hospital makes a daily room charge
in
(A) a general hospital that is either licensed under
AS 18.20 or located and licensed in another state;

(B) a psychiatric hospital that is either licensed
under AS 18.20 or located and licensed in another state; or
(C) a hospital that is located in
(i) the state and specifically exempt under
AS 18.20.020 from the licensing requirements of the state;

or
(ii) another state and specifically exempt from
the licensing requirements of that state;

(6) "major medical coverage" means a disability insurance
contract, or a subscriber contract, that provides benefits for hospi-
tal and medical care with potential lifetime maximum benefits for the
insured or subscriber of at least $10,000;

(7) "mental or nervous condition" means a mental disorder
identified in
(A) the most current edition of the Diagnostic and
Statistical Manual of Mental Disorders published by the American
Psychiatric Association; or
(B) the most current edition of the 1CD-9-CM published
by the Commission on Professional and Hospital Activities;

(8) "national professional organization" means the National
Association of Social Workers; the National Registry of Health Care
Providers; the American Association for Marriage and Family Therapy;

the American Association of Pastoral Counselors; and the American
Board of Examiners in Clinical Social Work;

(9) "office visit" means treatment that is not inpatient
treatment or outpatient treatment and that is provided through the
professional offices of
(A) a psychiatrist who is licensed by a state as a
physician and certified, or eligible for certification, in psy-
chiatry by the American Board of Psychiatry and Neurology;

(B) a physician who is employed by the federal
government in a state and certified or eligible for certification
in psychiatry by the American Board of Psychiatry and Neurology;

(C) a psychologist or psychological associate licensed
by a state;

(D) a person who works in a consulting relationship
with a mental health care provider licensed by a state and has a
masters or doctoral degree in psychology, nursing, or social
work; or
(E) a clinical social worker who is
(i) licensed or certified as a clinical social
worker by a state; or
(ii) certified by a national professional orga-
nization offering certification of clinical social workers;

(10) "outpatient treatment" means treatment that is not
inpatient treatment and that is provided
(A) in the outpatient department of
(i) a hospital that is licensed under AS 18.20 or
that is specifically exempt under AS 18.20.020 from the
licensing requirements of the state;

(ii) a hospital that is located in another state
and that is either licensed or specifically exempt from the
licensing requirements of that state; or
(iii) an entity that is designated by the Depart-
ment of Health and Social Services as an organizational unit
in a geographical area to receive funds under AS 47.30.520 -
47.30.620; and
(B) by one or more of the following:

(i) a psychiatrist who is licensed by a state as
a physician and certified, or eligible for certification, in
psychiatry by the American Board of Psychiatry and Neu-
rology;

(ii) a physician who is employed by the federal
government in a state and certified or eligible for certi-
fication in psychiatry by the American Board of Psychiatry
and Neurology;

(iii) a psychologist licensed by a state;

(iv) a person who works in a consulting relation-
ship with one or more licensed mental health care providers
licensed by a state and has a masters or doctoral degree in
psychology, nursing, or social work, and is employed by the
same health care facility providing treatment; or
(v) a clinical social worker who is licensed or
certified as a clinical social worker by a state or cer-
tified by a national professional organization offering
certification of clinical social workers.

* Sec. 2. AS 21.36.090(d) is amended to read:

(d) Except to the extent necessary to comply with AS 21.42.365
or 21.42.375, a person may not practice or permit unfair
discrimination against a person who provides a service covered under a
group disability policy that extends coverage on an expense incurred
basis, or under a group service or indemnity type contract issued by a
nonprofit corporation, if the service is within the scope of the
provider's occupational license. In this subsection, "provider" means
a state licensed physician, dentist, osteopath, optometrist,
chiropractor, or nurse midwife, naturopath, physical therapist, or
occupational therapist.

* Sec. 3. AS 21.87.340 is amended to read:

Sec. 21.87.340. OTHER PROVISIONS APPLICABLE. In addition to the
provisions contained or referred to previously in this chapter, the
following chapters and provisions of this title also apply with re-
spect to service corporations to the extent applicable and not in
conflict with the express provisions of this chapter and the reason-
able implications of the express provisions, and for the purposes of
the application the corporations shall be considered to be mutual
"insurers":

(1) AS 21.03
(2) AS 21.06
(3) AS 21.09, except AS 21.09.090
(4) AS 21.18.010
(5) AS 21.18.030
(6) AS 21.18.040
(7) AS 21.18.120
(8) AS 21.21.321
(9) AS 21.36
(10) AS 21.69.400
(11) AS 21.69.520
(12) AS 21.69.600, 21.69.620, and 21.69.630
(13) AS 21.78
(14) AS 21.90
(15) AS 21.42.345 - 21.42.365, and 21.42.375
(16) AS 21.89.040
(17) AS 21.89.060.

* Sec. 4. AS 21.42.375, enacted by sec. 1 of this Act, applies to group
disability insurance policies and hospital or medical service subscriber
contracts entered into or renewed on or after January 1, 1990.

HB0092

CSHB 92(L&C)

4/17/89

Health, Education &
Social Services and Finance

Ellis

BY THE LABOR AND
COMMERCE COMMITTEE

CS FOR HOUSE BILL NO. 92 (L&C)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to insurance coverage for the treat-
ment of a mental or nervous condition."

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

* Section 1. AS 21.42 is amended by adding a new section to read:

Sec. 21.42.375. COVERAGE FOR TREATMENT OF A MENTAL OR NERVOUS
CONDITION. (a) An insurer authorized under AS 21.09 to offer, issue
for delivery, deliver, or renew a group disability insurance policy
for major medical coverage on an expense-incurred basis in the state,
or a hospital or medical service corporation authorized under AS 21.87
to offer or renew a group contract for major medical coverage in the
state, must provide the insured or subscriber the following coverage
for treatment of a mental or nervous condition of the insured, sub-
scriber, or other person covered by the policy or contract:

(1) 45 days a year of inpatient treatment for each covered
individual;

(2) a total of 50 hours of outpatient treatment or office
visits a year for each covered individual.

(b) The insurer or service corporation providing coverage under
this section may impose reasonable contract limitations but may not
require that the insured or subscriber pay a higher deductible or
co-payment for the cost of treating a mental or nervous condition than
for the cost of treating another condition or illness.

(c) Notwithstanding (a) of this section,
(1) an insurer who offers, issues, or renews a group
disability insurance policy for major medical coverage to the state is
not required to provide the coverage required under (a) of this sec-
tion to persons drawing benefits under a state retirement system; and
(2) if the insured or subscriber is an employer who em-
ployed fewer than 20 permanent, full-time employees for each working
day during each of at least 20 calendar workweeks in either the cur-
rent calendar year or the preceding calendar year, the insurer, hospi-
tal, or medical service corporation is not required to provide the
coverage specified in (a) of this section to the insured or subscriber
but shall offer that coverage to the insured or subscriber as optional
coverage.

(d) In this section
(1) "consulting relationship" means a relationship that
involves review of treatment plans and goals and in-person patient
contact on at least a quarterly basis;

(2) "co-payment" means the portion of the cost to be paid
by the insured or subscriber in excess of the deductible;

(3) "cost" means the lowest of the following:

(A) the actual charge for the treatment received for a
mental or nervous condition;

(B) the usual, customary, and reasonable charge for
the treatment as determined by the contract of coverage; or
(C) the charge agreed to by contract between the
provider and the insurer, hospital service corporation, or med-
ical service corporation;

(4) "deductible" means the portion of covered costs that
must be incurred before benefits become payable;

(5) "inpatient treatment" means treatment of a hospital
registered bed patient for whom the hospital makes a daily room charge
in
(A) a general hospital that is either licensed under
AS 18.20 or located and licensed in another state;

(B) a psychiatric hospital that is either licensed
under AS 18.20 or located and licensed in another state; or
(C) a hospital that is located in
(i) the state and specifically exempt under
AS 18.20.020 from the licensing requirements of the state;

or
(ii) another state and specifically exempt from
the licensing requirements of that state;

(6) "major medical coverage" means a disability insurance
contract, or a subscriber contract, that provides benefits for hospi-
tal and medical care with potential lifetime maximum benefits for the
insured or subscriber of at least $10,000;

(7) "mental or nervous condition" means a mental disorder
identified in
(A) the most current edition of the Diagnostic and
Statistical Manual of Mental Disorders published by the American
Psychiatric Association; or
(B) the most current edition of the 1CD-9-CM published
by the Commission on Professional and Hospital Activities;

(8) "national professional organization" means the National
Association of Social Workers; the National Registry of Health Care
Providers; the American Association for Marriage and Family Therapy;

the American Association of Pastoral Counselors; and the American
Board of Examiners in Clinical Social Work;

(9) "office visit" means treatment that is not inpatient
treatment or outpatient treatment and that is provided through the
professional offices of
(A) a psychiatrist who is licensed by a state as a
physician and certified, or eligible for certification, in psy-
chiatry by the American Board of Psychiatry and Neurology;

(B) a physician who is employed by the federal govern-
ment in a state and certified or eligible for certification in
psychiatry by the American Board of Psychiatry and Neurology;

(C) a psychologist or psychological associate licensed
by a state;

(D) a person who works in a consulting relationship
with a mental health care provider licensed by a state and has a
masters or doctoral degree in psychology, nursing, or social
work; or
(E) a clinical social worker who is
(i) licensed or certified as a clinical social
worker by a state; or
(ii) certified by a national professional orga-
nization offering certification of clinical social workers;

(10) "outpatient treatment" means treatment that is not
inpatient treatment and that is provided
(A) in the outpatient department of
(i) a hospital that is licensed under AS 18.20 or
that is specifically exempt under AS 18.20.020 from the
licensing requirements of the state;

(ii) a hospital that is located in another state
and that is either licensed or specifically exempt from the
licensing requirements of that state; or
(iii) an entity that is designated by the Depart-
ment of Health and Social Services as an organizational unit
in a geographical area to receive funds under AS 47.30.520 -
47.30.620; and
(B) by one or more of the following:

(i) a psychiatrist who is licensed by a state as
a physician and certified, or eligible for certification, in
psychiatry by the American Board of Psychiatry and Neu-
rology;

(ii) a physician who is employed by the federal
government in a state and certified or eligible for certi-
fication in psychiatry by the American Board of Psychiatry
and Neurology;

(iii) a psychologist licensed by a state;

(iv) a person who works in a consulting relation-
ship with one or more licensed mental health care providers
licensed by a state and has a masters or doctoral degree in
psychology, nursing, or social work, and is employed by the
same health care facility providing treatment; or
(v) a clinical social worker who is licensed or
certified as a clinical social worker by a state or cer-
tified by a national professional organization offering
certification of clinical social workers.

* Sec. 2. AS 21.36.090(d) is amended to read:

(d) Except to the extent necessary to comply with AS 21.42.365
or 21.42.375, a person may not practice or permit unfair discrimina-
tion against a person who provides a service covered under a group
disability policy that extends coverage on an expense incurred basis,
or under a group service or indemnity type contract issued by a non-
profit corporation, if the service is within the scope of the pro-
vider's occupational license. In this subsection, "provider" means a
state licensed physician, dentist, osteopath, optometrist, chiro-
practor, nurse midwife, advanced nurse practitioner, naturopath,
physical therapist, or occupational therapist.

* Sec. 3. AS 21.87.340 is amended to read:

Sec. 21.87.340. OTHER PROVISIONS APPLICABLE. In addition to the
provisions contained or referred to previously in this chapter, the
following chapters and provisions of this title also apply with re-
spect to service corporations to the extent applicable and not in
conflict with the express provisions of this chapter and the reason-
able implications of the express provisions, and for the purposes of
the application the corporations shall be considered to be mutual
"insurers":

(1) AS 21.03
(2) AS 21.06
(3) AS 21.09, except AS 21.09.090
(4) AS 21.18.010
(5) AS 21.18.030
(6) AS 21.18.040
(7) AS 21.18.120
(8) AS 21.21.321
(9) AS 21.36
(10) AS 21.69.400
(11) AS 21.69.520
(12) AS 21.69.600, 21.69.620, and 21.69.630
(13) AS 21.78
(14) AS 21.90
(15) AS 21.42.345 - 21.42.365, and 21.42.375
(16) AS 21.89.040
(17) AS 21.89.060.

* Sec. 4. AS 21.42.375, enacted by sec. 1 of this Act, applies to group
disability insurance policies and hospital or medical service subscriber
contracts entered into or renewed on or after January 1, 1990.

HB0093

HB 93

1/20/89

State Affairs,
Judiciary and Finance

BY BOUCHER, GRUENBERG,
DONLEY AND GOLL

HOUSE BILL NO. 93

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to voter registration."

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

* Section 1. AS 15.07.070 is amended by adding a new subsection to
read:

(g) The director shall provide voter registration forms prepared
under (b) of this section to the Department of Public Safety for
distribution to the public under AS 28.05.045.

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

Sec. 28.05.045. VOTER REGISTRATION. A person applying for a
driver's license, identification card issued under AS 18.65.310, or
vehicle registration under AS 28.10 in an office of the division of
motor vehicles who is 18 years of age or older, or who will be 18
years of age or older within 90 days, shall at the time of application
be advised by the department that the person may also register to
vote. The department shall use a form for voter registration pre-
pared by the division of elections and shall forward completed forms
to the division of elections. The department shall prominently dis-
play notice of the right to apply for voter registration at each place
that the public may apply for a driver's license, identification card,
or vehicle registration.

HB0093

CSHB 93(Jud)

3/1/89

Finance

Boucher, Gruenberg,
Donley, and Goll

BY THE JUDICIARY COMMITTEE

CS FOR HOUSE BILL NO. 93 (Judiciary)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to a duty of the director of the
division of elections and to voter registration by
the Department of Public Safety."

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

* Section 1. SHORT TITLE. This Act may be known as the Motor-Voter
Act.

* Sec. 2. AS 15.07.070 is amended by adding a new subsection to read:

(g) The director shall provide voter registration forms prepared
under (b) of this section to the Department of Public Safety for
distribution to the public under AS 28.05.045.

* Sec. 3. AS 28.05 is amended by adding a new section to read:

Sec. 28.05.045. VOTER REGISTRATION. A state resident, who will
be 18 years of age or older within 90 days, who applies in an office
of the division of motor vehicles for a driver's license, identifica-
tion card issued under AS 18.65.310, or vehicle registration under
AS 28.10 shall at the time of application be advised by the department
that the resident may also register to vote. The department shall
use a form for voter registration prepared by the division of elec-
tions and shall forward completed forms to the division of elections.

The department shall prominently display notice of the right to apply
for voter registration at each place that the public may apply for a
driver's license, identification card, or vehicle registration.

HB0094

HB 94

1/20/89

Transportation
and Judiciary

BY BOYER, SWACKHAMMER
AND GRUENBERG

HOUSE BILL NO. 94

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act extending the jurisdiction of the Alaska
Police Standards Council to include certain airport
personnel."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Sec. 1. AS 18.65.290(5) is amended to read:

(5) "police officer" means a full-time employee of the
state or a local police department, or a full-time employee of the
Department of Transportation and Public Facilities who is stationed at
an airport, who has [WITH] the authority to arrest and issue cita-
tions; detain a person taken into custody until that person can be
arraigned before a judge or magistrate; conduct investigations of
violations of and enforce criminal laws, regulations and traffic laws;

search with or without a warrant persons, dwellings, and other forms
of property for evidence of a crime; carry a concealed weapon; and
take other action consistent with exercise of these enumerated powers
when necessary to maintain the public peace;

* Sec. 2. Notwithstanding AS 18.65.290(5), as amended by sec. 1 of this
Act, an employee of the Department of Transportation and Public Facilities
who holds a position on the effective date of this Act that would be
covered by the amendment made to AS 18.65.290(5) by sec. 1 of this Act is
not subject to the jurisdiction of the Police Standards Council for the
duration of the employee's tenure with the department in that position
unless the employee receives a certificate issued by the council. The
Department of Transportation and Public Facilities may not discriminate
against a person described by this section in any matter related to the
person's employment status, wages and benefits payable, promotion and
reassignment opportunities, or training necessary to attain certification
because the person does not have a certificate issued by the Alaska Police
Standards Council.

HB0094

CSHB 94(Trsp)

2/15/89

Judiciary

Boyer, Swackhammer,
Gruenberg, and Zawacki

BY THE TRANSPORTATION COMMITTEE

CS FOR HOUSE BILL NO. 94 (Transportation)

IN THE LEGISLATURE OF THE STATE OF ALASKA

SIXTEENTH LEGISLATURE - FIRST SESSION

A BILL

"An Act relating to certain officers and employees of
the Department of Transportation and Public Facili-
ties who are stationed at an international airport."

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

* Section 1. AS 02.15.230(a) is amended to read:

(a) The commissioner and those officers and employees of the
department who the commissioner may designate have general police
powers in aid of the enforcement of this chapter, and the regulations
and orders issued under it and all other laws of the state relating to
aeronautics. An officer or employee stationed at an international
airport and designated by the commissioner to have the police powers
authorized under this subsection is a
(1) "police officer" subject to AS 18.65.130 - 18.65.280
and the regulations adopted under AS 18.65.130 - 18.65.280;

(2) "policeman" for purposes of AS 23.10.037(b).

* Sec. 2. Notwithstanding AS 02.15.230(a), as amended by sec. 1 of this
Act, an officer or employee of the Department of Transportation and Public
Facilities who holds a position on the effective date of this Act that
would be covered by the amendment made to AS 02.15.230(a) and who does not
have a police officer certificate issued by the Alaska Police Standards
Council is not subject to AS 18.65.130 - 18.65.280 and the regulations
adopted under AS 18.65.130 - 18.65.280 while employed by the Department of
Transportation and Public Facilities until two years after the effective
date of this Act. During this two-year period, the Department of Transpor-
tation and Public Facilities may not discriminate against a person describ-
ed by this section in an employment matter related to the person's wages
and benefits payable, promotion and reassignment opportunities, or training
necessary to attain certification because the person does not have a cer-
tificate issued by the Alaska Police Standards Council.

HB0095

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