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30th Legislature(2017-2018)

Bill Text 30th Legislature


00                            HOUSE BILL NO. 77 am                                                                         
01 "An Act making corrective amendments to the Alaska Statutes as recommended by the                                       
02 revisor of statutes; and providing for an effective date."                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 06.55.802 is amended to read:                                                                      
05            Sec. 06.55.802. Exclusions. This chapter does not apply to                                               
06                 (1)  the United States or a department, an agency, or an instrumentality                                
07       of the United States;                                                                                             
08                 (2)  money transmission by the United States Postal Service or by a                                     
09       contractor on behalf of the United States Postal Service;                                                         
10                 (3)  a state, a municipality, a county, or another governmental agency                                  
11       or governmental subdivision of a state;                                                                           
12 (4)  a bank, a bank holding company, an office of an international                                                      
13 banking corporation, a branch of a foreign bank, a corporation organized under 12                                       
14 U.S.C. 1861 - 1867 (Bank Service Company Act), or a corporation organized under 12                                      
01 U.S.C. 611 - 633 (Edge Act) under the laws of a state or the United States, if it does                                  
02 not issue, sell, or provide payment instruments or stored value through an authorized                                   
03 delegate who is not a bank, a bank holding company, an office of an international                                       
04 banking corporation, a branch of a foreign bank, a corporation organized under 12                                       
05 U.S.C. 1861 - 1867 (Bank Service Company Act), or a corporation organized under 12                                      
06       U.S.C. 611 - 633 (Edge Act) under the laws of a state or the United States;                                       
07 (5)  electronic funds transfer of governmental benefits for a federal,                                                  
08       state, or municipal agency or a state political subdivision by a contractor on behalf of                          
09 (A)  the United States or a department, an agency, or an                                                                
10            instrumentality of the United States; or                                                                     
11 (B)  a state, or a department, an agency, or an instrumentality of                                                      
12            a state;                                                                                                     
13 (6)  a board of trade or a person who, in the ordinary course of                                                        
14 business, provides clearance and settlement services for a board of trade, to the extent                                
15 of the operation of the person for a board of trade; in this paragraph, "board of trade"                                
16 means a board of trade designated as a contract market under 7 U.S.C. 1 - 27f                                           
17       (Commodity Exchange Act);                                                                                         
18 (7)  a registered futures commission merchant under the federal                                                         
19 commodities laws, to the extent of the merchant's operation as a registered futures                                     
20       commission merchant under the federal commodities laws;                                                           
21 (8)  a person who provides clearance or settlement services under a                                                     
22 registration as a clearing agency or an exemption from the registration granted under                                   
23 the federal securities laws, to the extent of the person's operation as a provider of                                   
24 clearance or settlement services under a registration as a clearing agency or an                                        
25       exemption from the registration granted under the federal securities laws;                                        
26 (9)  an operator of a payment system to the extent that the operator                                                    
27 provides processing, clearing, or settlement services, between or among persons                                         
28 excluded by this section, in connection with wire transfers, credit card transactions,                                  
29 debit card transactions, stored-value transactions, automated clearinghouse                                         
30       [CLEARING HOUSE] transfers, or similar funds transfers; or                                                        
31 (10)  a person registered as a securities broker-dealer under federal or                                                
01       state securities laws, to the extent of the person's operation as a securities broker-                            
02       dealer under federal or state securities laws.                                                                    
03    * Sec. 2. AS 09.10.075 is amended to read:                                                                         
04 Sec. 09.10.075. Actions related to claims based on medical assistance                                                 
05 payment fraud. Except as provided in AS 09.58.070, a person may not bring an                                          
06 action under AS 09.58.010 - 09.58.025 [AS 09.58.010 - 09.58.060] unless the action is                               
07 commenced by (1) six years after the act or omission was committed, or (2) three                                        
08 years after the date when facts material to the action were known, or reasonably                                        
09 should have been known, by the attorney general or the Department of Health and                                         
10 Social Services, whichever is later, but in no event more than 10 years after the date                                  
11       the violation under AS 09.58.010 occurred.                                                                        
12    * Sec. 3. AS 09.58.015(b) is amended to read:                                                                      
13 (b)  The attorney general may bring a civil action in superior court under                                              
14       AS 09.58.010 - 09.58.025 [AS 09.58.010 - 09.58.060].                                                          
15    * Sec. 4. AS 09.58.025, as amended by sec. 19, ch. 25, SLA 2016, is amended to read:                               
16 Sec. 09.58.025. Subpoenas. In conducting an investigation under                                                       
17 AS 09.58.015, the attorney general may issue subpoenas to compel the production of                                      
18 books, papers, correspondence, memoranda, and other records in connection with an                                       
19 investigation under or the administration of AS 09.58.010 - 09.58.025 [AS 09.58.010 -                               
20 09.58.060]. If a medical assistance provider or a medical assistance recipient fails or                                 
21 refuses, without just cause, to obey a subpoena issued under this section, the superior                                 
22 court may, upon application by the attorney general, issue an order requiring the                                       
23 medical assistance provider or medical assistance recipient to appear before the                                        
24       attorney general to produce evidence.                                                                             
25    * Sec. 5. AS 09.58.090(b) is amended to read:                                                                      
26 (b)  No punitive damages may be awarded in an action brought under                                                      
27       AS 09.58.010 - 09.58.025 [AS 09.58.010 - 09.58.060].                                                          
28    * Sec. 6. AS 13.16.025 is amended to read:                                                                         
29 Sec. 13.16.025. Proceedings affecting devolution and administration;                                                  
30 jurisdiction of subject matter. Persons interested in decedents' estates may apply to                                 
31 the registrar for determination in the informal proceedings provided in this chapter,                                   
01 and may petition the court for orders in formal proceedings within the court's                                          
02 jurisdiction [,] including [BUT NOT LIMITED TO] those described in this chapter.                                        
03 The court has exclusive jurisdiction of formal proceedings to determine how                                             
04 decedents' estates subject to the laws of this state are to be administered, expended,                              
05 and distributed. The court has concurrent jurisdiction of any other action or proceeding                                
06 concerning a succession or to which an estate, through a personal representative, may                                   
07 be a party, including actions to determine title to property alleged to belong to the                                   
08 estate, and of any action or proceeding in which property distributed by a personal                                     
09 representative or its value is sought to be subjected to rights of creditors or successors                              
10       of the decedent.                                                                                                  
11    * Sec. 7. AS 14.03.120(f) is amended to read:                                                                      
12 (f)  By January 15 of each year, [BEGINNING IN 2001,] the department shall                                              
13 provide to the governor and make available to the public and the legislature a report on                                
14 the performance of public schools in this state. The report must be entitled "Alaska's                                  
15       Public Schools: A Report Card to the Public." The report must include                                             
16 (1)  comprehensive information on each public school compiled,                                                          
17       collected, and reported under (d) and (e) of this section for the prior school year;                              
18 (2)  a summary of the information described in (1) of this subsection;                                                  
19 the summary must be prepared in a manner that allows school performance to be                                           
20       measured against established state education standards; and                                                       
21 (3)  [FOR A REPORT DUE BY OR AFTER JANUARY 15, 2005,] the                                                               
22 most recent performance designation under AS 14.03.123 received by each public                                          
23       school and by the state public school system.                                                                     
24    * Sec. 8. AS 14.08.051(a) is amended to read:                                                                      
25 (a)  The commissioner in consultation with the Department of Commerce,                                                  
26 Community, and Economic Development and the local communities may divide a                                              
27 regional educational attendance area into sections only for the purpose of nominating                                   
28 and electing regional school board members. If the voters in a regional educational                                     
29 attendance area favor election of regional school board members by sections under (b)                                   
30 of this section, the commissioner in consultation with the Department of Commerce,                                      
31 Community, and Economic Development and the local communities shall divide the                                          
01 regional educational attendance area into sections for the purpose of nominating and                                    
02 electing regional school board members. If a regional educational attendance area is                                    
03 divided into sections each school board member shall represent, as nearly as                                            
04 practicable, an equal number of persons. The basis for the division of a regional                                       
05 educational attendance area into sections shall be the total population of the area as                                  
06 reported in the most recent decennial federal census. If the census is five years old or                                
07 older, then other reliable population data, including [BUT NOT LIMITED TO]                                              
08 population estimates based on public school enrollments, public utility connections,                                    
09 registered voters, or certified employment payrolls, shall be used as the basis for the                                 
10 division of the area into sections. Each section within a regional educational                                          
11 attendance area shall consist of compact, contiguous territory and, as far as                                           
12 practicable, each section shall contain an integrated socio-economic, linguistically and                                
13 culturally homogeneous area. In the division of the regional school and attendance                                      
14 area into sections, consideration shall be given to the transportation and                                              
15 communication network to facilitate the administration of education and                                                 
16 communication between communities that comprise the area. Whenever possible,                                            
17 municipalities, other governmental or regional corporate entities, drainage basins, and                                 
18 other identifiable geographic features shall be used in describing the boundaries of the                                
19       sections.                                                                                                         
20    * Sec. 9. AS 14.08.101 is amended to read:                                                                         
21            Sec. 14.08.101. Powers. A regional school board may                                                        
22                 (1)  sue and be sued;                                                                                   
23 (2)  contract with the department, the Bureau of Indian Affairs, or any                                                 
24 other school district, agency, or regional board for the provision of services, facilities,                             
25       supplies, or utilities;                                                                                           
26 (3)  determine its own fiscal procedures, including [BUT NOT                                                            
27 LIMITED TO] policies and procedures for the purchase of supplies and equipment;                                         
28 the regional school boards are exempt from AS 37.05 (Fiscal Procedures Act) and                                         
29       AS 36.30 (State Procurement Code);                                                                                
30 (4)  appoint, compensate, and otherwise control all school employees in                                                 
31 accordance with this title; these employees are not subject to AS 39.25 (State                                          
01       Personnel Act);                                                                                                   
02                 (5)  adopt regulations governing organization, policies, and procedures                                 
03       for the operation of the schools;                                                                                 
04                 (6)  establish, maintain, operate, discontinue, and combine schools                                     
05       subject to the approval of the commissioner;                                                                      
06 (7)  recommend to the department projects for construction,                                                             
07 rehabilitation, and improvement of schools and education-related facilities as specified                                
08 in AS 14.11.011(b), and plan, design, and construct the project when the responsibility                                 
09       for it is assumed under AS 14.11.020;                                                                             
10 (8)  by resolution adopted by a majority of all the members of the board                                                
11 and provided to the commissioner of the department, assume ownership of all land and                                    
12 buildings used in relation to the schools in the regional educational attendance area, as                               
13       provided for in AS 14.08.151(b);                                                                                  
14 (9)  provide housing for rental to teachers, by leasing existing housing                                                
15 from a local agency or individual, by entering into contractual arrangements with a                                     
16 local agency or individual to lease housing that will be constructed by the local agency                                
17 or individual for that purpose, or, without using for the purpose that portion of public                                
18 school funding that consists of state aid provided under AS 14.17, by constructing or                                   
19 otherwise acquiring housing that is owned and managed by the regional educational                                       
20       attendance area for rental to teachers;                                                                           
21                 (10)  employ a chief school administrator;                                                              
22 (11)  apply for and use the proceeds of a loan from the Alaska energy                                                   
23       efficiency revolving loan fund (AS 18.56.855);                                                                    
24 (12)  exercise those other functions that may be necessary for the                                                      
25       proper performance of its responsibilities.                                                                       
26    * Sec. 10. AS 14.11.100(e) is amended to read:                                                                     
27 (e)  The commissioner shall annually prepare a report on allocations of state                                           
28 aid made under this section, including [BUT NOT LIMITED TO] the amount of state                                         
29 aid paid on a per capita and per student basis and the resultant effect on the rate of                                  
30 levy of taxes by the municipality for educational purposes. The commissioner shall                                      
31       notify the legislature that the report is available.                                                              
01    * Sec. 11. AS 14.12.150(a) is amended to read:                                                                     
02 (a)  The districts of the state public school system may join together to                                               
03 establish regional resource centers to provide services, including [BUT NOT                                             
04 LIMITED TO] the following: accounting, payroll, and other fiscal; media;                                            
05 instructional support; bilingual-bicultural educational; in-service and staff                                           
06 development; student; diagnostic; school management; and school board member                                            
07       training.                                                                                                         
08    * Sec. 12. AS 14.12.160(b) is amended to read:                                                                     
09            (b)  To qualify for a grant under (a) of this section, a regional resource center                            
10       board shall                                                                                                       
11                 (1)  be organized under the provisions of AS 14.12.150;                                                 
12                 (2)  adopt bylaws for its operation;                                                                    
13 (3)  provide the department with a plan of operation including [BUT                                                     
14       NOT LIMITED TO] the following elements:                                                                           
15                      (A)  the bylaws adopted for its operation;                                                         
16 (B)  a list of participating districts, number of students and                                                          
17            professional staff to be served;                                                                             
18 (C)  a schedule of funds available from federal, state, local, and                                                      
19            private sources;                                                                                             
20                      (D)  a description of the services and programs to be offered;                                     
21 (E)  a description of the method by which these services and                                                            
22            programs will be evaluated;                                                                                  
23 (F)  other information that may be required by the department                                                           
24            by regulation;                                                                                               
25                 (4)  comply with applicable regulations adopted by the department.                                      
26    * Sec. 13. AS 14.14.090, as amended by sec. 14, ch. 54, SLA 2016, is amended to read:                              
27 Sec. 14.14.090. Duties of school boards. In addition to other duties, a school                                        
28       board shall                                                                                                       
29 (1)  determine and disburse the total amount to be made available for                                                   
30       compensation of all school employees and administrative officers;                                                 
31 (2)  provide for, during the school term of each year, an educational                                                   
01       program for each school age child who is enrolled in or a resident of the district;                               
02                 (3)  withhold the salary for the last month of service of a teacher or                                  
03       administrator until the teacher or administrator has submitted all summaries, statistics,                         
04       and reports that the school board may require by bylaws;                                                          
05                 (4)  transmit, when required by the assembly or council but not more                                    
06       often than once a month, a summary report and statement of money expended;                                        
07                 (5)  keep the minutes of meetings and a record of all proceedings of the                                
08       school board in a pertinent form;                                                                                 
09                 (6)  keep the records and files of the school board open to inspection by                               
10 the public at the principal administrative office of the district during reasonable                                     
11       business hours;                                                                                                   
12 (7)  establish procedures for the review and selection of all textbooks                                                 
13 and instructional materials, including textbooks and curriculum materials for statewide                                 
14 correspondence programs, before they are introduced into the school curriculum; the                                     
15 review includes a review for violations of AS 14.18.060; nothing in this paragraph                                      
16 precludes a correspondence study student, or the parent or guardian of a                                                
17 correspondence study student, from privately obtaining or using textbooks or                                            
18       curriculum material not provided by the school district;                                                          
19 (8)  provide prospective employees with information relating to the                                                     
20 availability and cost of housing in rural areas to which they might be assigned, and,                                   
21 when possible, assist them in locating housing; however, nothing in this paragraph                                      
22 requires a school district to provide teacher housing, whether district owned, leased,                                  
23 rented, or through other means, nor does it require a school board to engage in a                                       
24       subsidy program of any kind regarding teacher housing;                                                            
25 (9)  train persons required to report under AS 47.17.020, in the                                                        
26       recognition and reporting of child abuse, neglect, and sexual abuse of a minor;                                   
27 (10)  provide for the development and implementation of a preventive                                                
28 [PREVENTATIVE] maintenance program for school facilities; in this paragraph,                                            
29 "preventive [PREVENTATIVE] maintenance" means scheduled maintenance actions                                         
30 that prevent the premature failure or extend the useful life of a facility, or a facility's                             
31       systems and components, and that are cost-effective on a life-cycle basis;                                        
01 (11)  establish procedures for providing the training under                                                             
02 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362,                                              
03 AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this                                     
04 paragraph must include a training schedule that ensures that not less than 50 percent of                                
05 the total certificated staff employed by the district receives all of the training not less                             
06 than every two years and that all of the certificated staff employed by the district                                    
07       receive all of the training not less than every four years.                                                       
08    * Sec. 14. AS 14.18.020 is amended to read:                                                                        
09 Sec. 14.18.020. Discrimination in employment prohibited. The board, the                                               
10       Board of Regents, and each school board in the state shall                                                        
11 (1)  allow no difference in conditions of employment, including [BUT                                                    
12 NOT LIMITED TO] hiring practices, credential requirements, leaves of absence,                                           
13 hours of employment, pay, employee benefits, and assignment of instructional and                                        
14       noninstructional duties based on [THE BASIS OF] sex or race; and                                              
15 (2)  provide the same opportunities for advancement to males and                                                        
16       females.                                                                                                          
17    * Sec. 15. AS 14.20.450 is amended to read:                                                                        
18 Sec. 14.20.450. Responsibilities of commission. The commission shall have                                             
19 the initial responsibility of developing, through the teaching profession, criteria of                                  
20       professional practices in areas including [, BUT NOT LIMITED TO]:                                                 
21                 (1)  ethical and professional performance;                                                              
22                 (2)  preparation for and continuance in professional services; and                                      
23                 (3)  contractual obligations.                                                                           
24    * Sec. 16. AS 22.15.100 is amended to read:                                                                        
25 Sec. 22.15.100. Functions and powers of district judge and magistrate.                                                
26       Each district judge and magistrate has the power                                                                  
27 (1)  to issue writs of habeas corpus for the purpose of inquiring into the                                              
28 cause of restraint of liberty, returnable before a judge of the superior court, and the                                 
29 same proceedings shall be had on the writ as if it had been granted by the superior                                     
30       court judge under the laws of the state in those [SUCH] cases;                                                
31                 (2)  of a notary public;                                                                                
01                 (3)  to solemnize marriages;                                                                            
02                 (4)  to issue warrants of arrest, summons, and search warrants                                          
03       according to manner and procedure prescribed by law and the supreme court;                                        
04                 (5)  to act as an examining judge or magistrate in preliminary                                          
05       examinations in criminal proceedings; to set, receive, and forfeit bail and to order the                          
06       release of defendants under bail;                                                                                 
07                 (6)  to act as a referee in matters and actions referred to the judge or                                
08       magistrate by the superior court, with all powers conferred upon referees by laws;                                
09                 (7)  of the superior court in all respects including [BUT NOT                                           
10       LIMITED TO] contempts, attendance of witnesses, and bench warrants;                                               
11 (8)  to order the temporary detention of a minor, or take other action                                                  
12 authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12,                                   
13 when the minor is in a condition or surrounding dangerous or injurious to the welfare                                   
14 of the minor or others that requires immediate action; the action may be continued in                                   
15 effect until reviewed by the superior court in accordance with rules of procedure                                       
16       governing these cases;                                                                                            
17                 (9)  to issue a protective order in cases involving                                                     
18 (A)  domestic violence as provided in AS 18.66.100 -                                                                    
19            18.66.180; or                                                                                                
20 (B)  stalking or sexual assault as provided in AS 18.65.850 -                                                           
21            18.65.870;                                                                                                   
22 (10)  to review an administrative revocation of a person's driver's                                                     
23 license or nonresident privilege to drive, and an administrative refusal to issue an                                    
24 original license, when designated as a hearing officer by the commissioner of                                           
25 administration and with the consent of the administrative director of the Alaska Court                                  
26       System;                                                                                                           
27 (11)  to establish the fact of death or inquire into the death of a person                                              
28       in the manner prescribed under AS 09.55.020 - 09.55.069;                                                          
29 (12)  to issue an ex parte testing, examination, or screening order                                                     
30       according to the manner and procedure prescribed by AS 18.15.375.                                                 
31    * Sec. 17. AS 23.05.140(a) is amended to read:                                                                     
01 (a)  An employee and employer may agree in an annual initial contract of                                                
02 employment to monthly pay periods when the employer shall pay the employee [ALL                                     
03 EMPLOYEES] for all labor performed or services rendered. Otherwise, the employer                                        
04       shall establish monthly or semi-monthly pay periods, at the election of the employee.                             
05    * Sec. 18. AS 23.10.045(a) is amended to read:                                                                     
06 (a)  If an employer agrees with an employee to make payments to a fund for                                              
07 the benefit of the employees, including [BUT NOT LIMITED TO] a fund for medical,                                        
08 health, hospital, welfare, and pension benefits or any of them, or has entered into a                                   
09 collective bargaining agreement providing for these payments, the employer may not                                      
10       without just cause fail to make the payments required by the terms of the agreement.                              
11    * Sec. 19. AS 23.20.520(21) is amended to read:                                                                    
12 (21)  "vocational training or retraining course" means a course of                                                      
13 vocational or technical training or retraining in schools or classes, including [, BUT                                  
14 NOT LIMITED TO,] field or laboratory work and related remedial or academic                                              
15 instruction, which is conducted as a program designed to prepare individuals for                                        
16 employment in trades, skills, or crafts; the term "vocational training or retraining                                    
17 course" does not include a program of instruction for an individual, including a                                        
18 transfer credit program of instruction given at a community college, which is intended                                  
19       as credit for a degree from an institution of higher education;                                                   
20    * Sec. 20. AS 23.20.530(a) is amended to read:                                                                     
21 (a)  In this chapter, "wages" means all remuneration for service from whatever                                          
22 source, including [, BUT NOT LIMITED TO,] insured work, noninsured work, or                                             
23 self-employment; commissions, bonuses, back pay, and the cash value of all                                              
24 remuneration in a medium other than cash shall be treated as wages; gratuities                                          
25 customarily received by an individual in the course of service from persons other than                                  
26 the individual's employing unit may be treated as wages received from the employing                                     
27 unit only to the extent the individual reports the gratuities to the employing unit. The                                
28 reasonable cash value of remuneration in a medium other than cash, and the                                              
29 reasonable amount of gratuities, shall be estimated and determined in accordance with                                   
30 regulations adopted by the department; notwithstanding AS 23.20.350(a), back pay                                        
31 awards shall be allocated to the weeks or quarters with respect to which the pay was                                    
01 earned. If the remuneration of an individual is not based on [UPON] a fixed period of                               
02 time or if the individual's wages are paid in irregular intervals or in a manner that does                              
03 not extend regularly over the period of employment, the wages shall be allocated to                                     
04 weeks or quarters in accordance with regulations adopted by the department. The                                         
05 regulations must, so far as possible, produce results reasonably similar to those that                                  
06 would prevail if the individual's wages were paid at regular intervals. When an                                         
07 employer has filed for bankruptcy, unpaid wages earned for services performed for the                                   
08       employer are considered wages for the quarter in which they were earned.                                          
09    * Sec. 21. AS 23.30.005(l) is amended to read:                                                                     
10 (l)  Regulations adopted by the department under (h) and (i) of this section                                            
11       become effective only after approval [APPROVED] by a majority of the full board.                              
12    * Sec. 22. AS 23.30.007(n) is amended to read:                                                                     
13 (n)  Each member of the commission, before entering upon the duties of office,                                          
14 shall take and subscribe to the oath prescribed for principal officers of the state. A                                  
15       member of the commission, during tenure, may not                                                                  
16                 (1)  hold or campaign for elective office;                                                              
17                 (2)  be an officer of a political party, political committee, or group;                                 
18 (3)  permit the member's name to be used, or make any contributions                                                     
19 whatsoever, in support of or in opposition to a candidate or proposition or question                                    
20 that appears on any ballot in the state including [BUT NOT LIMITED TO] that of a                                        
21 municipality; however, contributions may be made to a candidate for the office of                                       
22       President of the United States;                                                                                   
23 (4)  participate in any way in an election campaign or participate in or                                                
24       contribute to any political party; or                                                                             
25                 (5)  lobby, employ, or assist a lobbyist.                                                               
26    * Sec. 23. AS 23.40.225 is amended to read:                                                                        
27 Sec. 23.40.225. Exemption based on religious convictions. Notwithstanding                                             
28 the provisions of AS 23.40.220, a collective bargaining settlement reached, or                                          
29 agreement entered into, under AS 23.40.210 that incorporates union security                                             
30 provisions, including [BUT NOT LIMITED TO] a union shop or agency shop                                                  
31 provision or agreement, shall safeguard the rights of nonassociation of employees                                       
01 having bona fide religious convictions based on tenets or teachings of a church or                                      
02 religious body of which an employee is a member. Upon submission of proper proof                                        
03 of religious conviction to the labor relations agency, the agency shall declare the                                     
04 employee exempt from becoming a member of a labor organization or employee                                              
05 association. The employee shall pay an amount of money equivalent to regular union                                      
06 or association dues, initiation fees, and assessments to the union or association.                                      
07 Nonpayment of this money subjects the employee to the same penalty as if it were                                        
08 nonpayment of dues. The receiving union or association shall contribute an equivalent                                   
09 amount of money to a charity of its choice not affiliated with a religious, labor, or                                   
10 employee organization. The union or association shall submit proof of contribution to                                   
11       the labor relations agency.                                                                                       
12    * Sec. 24. AS 29.03.020 is amended to read:                                                                        
13 Sec. 29.03.020. Service areas. Allowing for maximum local participation, the                                          
14 legislature may establish, alter, or abolish service areas within the unorganized                                       
15 borough to provide special services, that may include [BUT ARE NOT LIMITED TO]                                          
16 schools, utilities, land use regulations, and fire protection. A new service area may not                               
17 be established if the new service can be provided by an existing service area, by                                       
18       incorporation as a city, or by annexation to a city.                                                              
19    * Sec. 25. AS 29.40.170 is amended to read:                                                                        
20 Sec. 29.40.170. Delegations. The planning commission and the platting                                                 
21 authority may, as authorized by ordinance, delegate powers to hear and decide cases                                     
22       under this chapter, including [, BUT NOT LIMITED TO,] delegations to                                              
23 (1)  one or more members of the planning commission or platting                                                         
24       authority;                                                                                                        
25                 (2)  other boards or commissions;                                                                       
26 (3)  a hearing officer designated by the planning commission or platting                                                
27       authority.                                                                                                        
28    * Sec. 26. AS 29.45.050(c) is amended to read:                                                                     
29            (c)  The provisions of (a) of this section notwithstanding,                                                  
30 (1)  a borough may, by ordinance, adjust its property tax structure in                                                  
31 whole or in part to the property tax structure of a city in the borough, including                                      
01       adjustments [BUT NOT LIMITED TO,] excluding personal property from taxation,                                  
02       establishing exemptions, and extending the redemption period;                                                     
03                 (2)  a home rule or first class city has the same power to grant                                        
04       exemptions or exclude property from borough taxes that it has as to city taxes if                                 
05                      (A)  the exemptions or exclusions have been adopted as to city                                     
06            taxes; and                                                                                                   
07                      (B)  the city appropriates to the borough sufficient money to                                      
08            equal revenue [REVENUES] lost by the borough because of the exemptions                                   
09            or exclusions, the amount to be determined annually by the assembly;                                         
10 (3)  a city in a borough may, by ordinance, adjust its property tax                                                     
11 structure in whole or in part to the property tax structure of the borough, including                                   
12       [BUT NOT LIMITED TO] exempting or partially exempting property from taxation.                                     
13    * Sec. 27. AS 29.60.450(f)(4) is amended to read:                                                                  
14                 (4)  "fisheries business activity" means activity related to                                            
15 (A)  fishing, including [BUT NOT LIMITED TO] the catching                                                               
16            and sale of fisheries resources;                                                                             
17                      (B)  vessel moorage and vessel and gear maintenance;                                               
18                      (C)  preparing fisheries resources for transportation; and                                         
19 (D)  processing fisheries resources for sale by freezing, icing,                                                        
20 cooking, salting, or other method and includes [BUT IS NOT LIMITED TO]                                                  
21            canneries, cold storages, freezer ships, and processing plants;                                              
22    * Sec. 28. AS 29.60.850(d) is amended to read:                                                                     
23 (d)  Notwithstanding the guidelines in (b) of this section, the legislature may                                         
24 appropriate any amount to the community assistance [REVENUE SHARING] fund.                                          
25       Nothing in this section creates a dedicated fund.                                                                 
26    * Sec. 29. AS 37.06.020(k) is amended to read:                                                                     
27 (k)  Before the department may pay a draw under this section to an entity, the                                          
28       department shall have evidence acceptable to the department that the entity                                       
29                 (1)  has a preventive maintenance plan that                                                             
30 (A)  includes a computerized maintenance management                                                                     
31 program, cardex system, or other formal systematic means of tracking the                                                
01            timing and costs associated with planned and completed maintenance                                           
02            activities, including scheduled preventive [PREVENTATIVE] maintenance;                                   
03                      (B)  addresses energy management for public buildings owned                                        
04            or operated by the entity;                                                                                   
05                      (C)  includes a regular custodial care program for public                                          
06            buildings owned or operated by the entity;                                                                   
07                      (D)  includes preventive maintenance training for managers of                                      
08 public facilities owned or operated by the entity and maintenance employees;                                            
09 (E)  includes renewal and replacement schedules for electrical,                                                         
10 mechanical, structural, and other components of public facilities owned or                                              
11            operated by the entity; and                                                                                  
12                 (2)  is adequately adhering to the preventive maintenance plan.                                         
13    * Sec. 30. AS 45.29.601(g) is amended to read:                                                                     
14 (g)  Except as otherwise provided in AS 45.29.607(c), AS 45.29.601 -                                                
15 45.29.628 impose [45.29.601 - 45.29.628 IMPOSES] no duties on a secured party that                                  
16 is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or                                        
17       promissory notes.                                                                                                 
18    * Sec. 31. AS 45.29.613 is amended to read:                                                                        
19 Sec. 45.29.613. General notification before disposition of collateral. Except                                         
20       in a consumer goods transaction, the following rules apply:                                                       
21 (1)  the contents of a notification of disposition are sufficient if the                                                
22       notification                                                                                                      
23                      (A)  describes the debtor and the secured party;                                                   
24 (B)  describes the collateral that is the subject of the intended                                                       
25            disposition;                                                                                                 
26                      (C)  states the method of intended disposition;                                                    
27 (D)  states that the debtor is entitled to an accounting of the                                                         
28            unpaid indebtedness and states the charge, if any, for an accounting; and                                    
29 (E)  states the time and place of a public disposition or the time                                                      
30            after which any other disposition is to be made;                                                             
31 (2)  whether the contents of a notification that lacks any of the                                                       
01       information specified in (1) of this section are nevertheless sufficient is a question of                         
02       fact;                                                                                                             
03                 (3)  the contents of a notification providing substantially the                                         
04       information specified in (1) of this section are sufficient even if the notification                              
05       includes                                                                                                          
06                      (A)  information not specified by that paragraph; or                                               
07                      (B)  minor errors that are not seriously misleading;                                               
08                 (4)  a particular phrasing of the notification is not required;                                         
09                 (5)  the following form of notification and the form appearing in                                       
10       AS 45.29.614(3), when completed, each provide [PROVIDES] sufficient information:                              
11              NOTIFICATION OF DISPOSITION OF COLLATERAL                                                                  
12 To:   (Name of debtor, obligor, or other person to which the                                                          
13                 notification is sent)                                                                                 
14 From: (Name, address, and telephone number of secured party)                                                          
15 Name of Debtor(s):   (Include only if debtor(s) are not an                                                            
16            addressee)                                                                                                 
17            (For a public disposition:)                                                                                  
18 We will sell (or lease or license, as applicable) the      (describe                                                  
19 collateral)      (to the highest qualified bidder) in public as                                                       
20            follows:                                                                                                     
21 Day and Date:  __________________                                                                                       
22 Time:  __________________                                                                                               
23 Place:  __________________                                                                                              
24            (For a private disposition:)                                                                                 
25 We will sell (or lease or license, as applicable) the      (describe                                                  
26            collateral)      privately sometime after      (day and date)     .                                      
27 You are entitled to an accounting of the unpaid indebtedness                                                            
28 secured by the property that we intend to sell (or lease or                                                             
29 license, as applicable) (for a charge of $ _______). You may                                                            
30            request an accounting by calling us at    (telephone number)   .                                           
31    * Sec. 32. AS 45.30.011(a) is amended to read:                                                                     
01 (a)  After August 27, 1980, a new mobile home sold by a mobile home dealer                                              
02 to a buyer is subject to a mobile home warranty. A mobile home warranty shall be set                                    
03 out in a separate written document entitled "Mobile Home Warranty" which shall be                                       
04 delivered to the buyer by the mobile home dealer at the time a contract of sale is                                      
05 signed. The warranty must [SHALL] contain the name, address, and telephone                                          
06 number of the mobile home manufacturer and the mobile home dealer and must                                          
07       [SHALL] include at least the following provisions:                                                                
08 (1)  the mobile home is free from any substantial defects in materials                                                  
09       and workmanship;                                                                                                  
10 (2)  the manufacturer or dealer, or both, shall take appropriate action at                                              
11 the site of the mobile home to correct substantial defects in materials or workmanship                                  
12 that [WHICH] become evident within one year of the date of delivery of the mobile                                   
13 home to the buyer if the buyer, or a transferee of the buyer, gives written notice of the                               
14 defect by registered or certified mail addressed to the business address of the                                         
15 manufacturer or dealer on a date that [WHICH] is not more than one year and 10                                  
16       [TEN] days after date of delivery of the mobile home;                                                             
17 (3)  the manufacturer and the dealer are jointly and severally liable to                                                
18 the buyer, or a transferee of the buyer, for the fulfillment of the terms of warranty, and                              
19 the buyer may notify the manufacturer or the dealer, or both, in the event action is                                    
20       required to correct substantial defects in materials or workmanship;                                              
21 (4)  the warranty is applicable to the mobile home structure, its                                                       
22 plumbing, heating, and electrical systems, and all appliances and equipment installed                                   
23       or included in the mobile home unit by the manufacturer or dealer; and                                            
24 (5)  notwithstanding separate warranties applicable to appliances                                                       
25 contained within a mobile home unit issued by the manufacturers of the appliances,                                      
26 primary responsibility for appropriate corrective action under the warranty rests with                                  
27 the manufacturer and the dealer of the mobile home unit, and written notice of defects                                  
28       must be initially reported to them.                                                                               
29    * Sec. 33. AS 45.30.011(b) is amended to read:                                                                     
30 (b)  The warranty provided under (a) of this section is in addition to, and not in                                      
31 derogation of, all other rights and remedies that [WHICH] a buyer may have under                                    
01       any other law or instrument.                                                                                      
02    * Sec. 34. AS 45.30.011(e) is amended to read:                                                                     
03 (e)  The manufacturer shall compensate a mobile home dealer who incurs                                                  
04 expenses as a result of warranty obligations for which the manufacturer is legally                                      
05 responsible or for obligations that [WHICH] the manufacturer imposes upon the                                       
06 dealer. A provision of contract which is contrary to this subsection is void as against                                 
07       public policy.                                                                                                    
08    * Sec. 35. AS 45.45.200(b) is amended to read:                                                                     
09            (b)  A shop may not collect or attempt to collect for                                                        
10                 (1)  repairs not authorized either orally or in writing by the customer;                                
11 (2)  repairs that [WHICH] the shop knew or reasonably ought to have                                                 
12       known to be unnecessary; or                                                                                       
13                 (3)  repairs that have not been made.                                                                   
14    * Sec. 36. AS 45.45.240(3) is amended to read:                                                                     
15 (3)  ["MOTOR VEHICLE REPAIR SHOP" OR] "shop" means an                                                                   
16 individual, corporation, partnership, or other form of business organization engaged in                                 
17 the motor vehicle repair business and includes owners, officers, directors, agents,                                     
18       employees, and representatives but excludes the following:                                                        
19 (A)  a shop engaged solely in the business of repairing the                                                             
20 motor vehicles of a single commercial, industrial, or governmental                                                      
21 establishment, or of two or more of these establishments that are related by                                            
22            common ownership or corporation affiliation;                                                                 
23 (B)  a person repairing the person's own or a family member's                                                           
24            motor vehicle;                                                                                               
25    * Sec. 37. AS 45.48.200(a) is amended to read:                                                                     
26 (a)  A consumer who suffers damages as a result of a person's violation of                                              
27 AS 45.48.100 - 45.48.290 may bring an action in court against the person and recover,                                   
28       in the case of a violation where the person acted                                                                 
29 (1)  negligently, actual economic damages, court costs allowed by the                                                   
30       rules of court, and full reasonable attorney fees;                                                                
31                 (2)  knowingly,                                                                                         
01                      (A)  damages as described in (1) of this subsection;                                               
02                      (B)  punitive damages that are not less than $100 or [NOR]                                     
03            more than $5,000 for each violation as the court determines to be appropriate;                               
04            and                                                                                                          
05                      (C)  other relief that the court determines to be appropriate.                                     
06    * Sec. 38. AS 45.50.025(b) is amended to read:                                                                     
07 (b)  As a condition of registration, the commissioner may require the applicant                                         
08 to disclaim an unregistrable [UNREGISTERABLE] component of a mark, or an                                            
09 applicant may voluntarily disclaim a component of a mark originally sought to be                                        
10 registered. A disclaimer under this subsection does not prejudice or affect the rights of                               
11       an applicant or registrant                                                                                        
12 (1)  in the disclaimed matter that exist at the time of the disclaimer or                                               
13       that arise later; or                                                                                              
14 (2)  to register the disclaimed matter in another application if the                                                    
15 disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or                                 
16       services.                                                                                                         
17    * Sec. 39. AS 45.50.471(b) is amended to read:                                                                     
18 (b)  The terms "unfair methods of competition" and "unfair or deceptive acts or                                         
19       practices" include [, BUT ARE NOT LIMITED TO,] the following acts:                                                
20 (1)  fraudulently conveying or transferring goods or services by                                                        
21       representing them to be those of another;                                                                         
22 (2)  falsely representing or designating the geographic origin of goods                                                 
23       or services;                                                                                                      
24 (3)  causing a likelihood of confusion or misunderstanding as to the                                                    
25 source, sponsorship, or approval, or another person's affiliation, connection, or                                       
26       association with or certification of goods or services;                                                           
27 (4)  representing that goods or services have sponsorship, approval,                                                    
28 characteristics, ingredients, uses, benefits, or quantities that they do not have or that a                             
29 person has a sponsorship, approval, status, affiliation, or connection that the person                                  
30       does not have;                                                                                                    
31 (5)  representing that goods are original or new if they are deteriorated,                                              
01       altered, reconditioned, reclaimed, used, secondhand, or seconds;                                                  
02 (6)  representing that goods or services are of a particular standard,                                                  
03 quality, or grade, or that goods are of a particular style or model, if they are of another;                            
04 (7)  disparaging the goods, services, or business of another by false or                                                
05       misleading representation of fact;                                                                                
06                 (8)  advertising goods or services with intent not to sell them as                                      
07       advertised;                                                                                                       
08                 (9)  advertising goods or services with intent not to supply reasonable                                 
09       expectable public demand, unless the advertisement prominently discloses a limitation                             
10       of quantity;                                                                                                      
11 (10)  making false or misleading statements of fact concerning the                                                      
12       reasons for, existence of, or amounts of price reductions;                                                        
13 (11)  engaging in any other conduct creating a likelihood of confusion                                                  
14 or of misunderstanding and that [WHICH] misleads, deceives, or damages a buyer or                                   
15       a competitor in connection with the sale or advertisement of goods or services;                                   
16 (12)  using or employing deception, fraud, false pretense, false promise,                                               
17 misrepresentation, or knowingly concealing, suppressing, or omitting a material fact                                    
18 with intent that others rely upon the concealment, suppression, or omission in                                          
19 connection with the sale or advertisement of goods or services whether or not a person                                  
20       has in fact been misled, deceived or damaged;                                                                     
21 (13)  failing to deliver to the customer at the time of an installment sale                                             
22 of goods or services, a written order, contract, or receipt setting out the name and                                    
23 address of the seller and the name and address of the organization that the seller                                      
24 represents, and all of the terms and conditions of the sale, including a description of                                 
25 the goods or services, which must [SHALL] be stated in readable, clear, and                                         
26       unambiguous language;                                                                                             
27 (14)  representing that an agreement confers or involves rights,                                                        
28 remedies, or obligations that [WHICH] it does not confer or involve, or that                                    
29       [WHICH] are prohibited by law;                                                                                    
30 (15)  knowingly making false or misleading statements concerning the                                                    
31       need for parts, replacement, or repair service;                                                                   
01                 (16)  misrepresenting the authority of a salesman, representative, or                                   
02       agent to negotiate the final terms of a consumer transaction;                                                     
03 (17)  basing a charge for repair in whole or in part on a guaranty or                                                   
04 warranty rather than on the actual value of the actual repairs made or work to be                                       
05 performed on the item without stating separately the charges for the work and the                                       
06       charge for the guaranty or warranty, if any;                                                                      
07                 (18)  disconnecting, turning back, or resetting the odometer of a vehicle                               
08       to reduce the number of miles indicated;                                                                          
09                 (19)  using a chain referral sales plan by inducing or attempting to                                    
10 induce a consumer to enter into a contract by offering a rebate, discount, commission,                                  
11 or other consideration, contingent upon the happening of a future event, on the                                         
12 condition that the consumer either sells, or gives information or assistance for the                                    
13       purpose of leading to a sale by the seller of the same or related goods;                                          
14 (20)  selling or offering to sell a right of participation in a chain                                                   
15       distributor scheme;                                                                                               
16 (21)  selling, falsely representing, or advertising meat, fish, or poultry                                              
17       that [WHICH] has been frozen as fresh food;                                                                   
18                 (22)  failing to comply with AS 45.02.350;                                                              
19                 (23)  failing to comply with AS 45.45.130 - 45.45.240;                                                  
20 (24)  counseling, consulting, or arranging for future services relating to                                              
21 the disposition of a body upon death whereby certain personal property, not including                                   
22 cemetery lots and markers, will be furnished or the professional services of a funeral                                  
23 director or embalmer will be furnished, unless the person receiving money or property                                   
24 deposits the money or property, and money or property is received, within five days of                                  
25 its receipt, in a trust in a financial institution whose deposits are insured by an                                     
26 instrumentality of the federal government designating the institution as the trustee as a                               
27 separate trust in the name only of the person on whose behalf the arrangements are                                      
28 made with a provision that the money or property may only be applied to the purchase                                    
29 of designated merchandise or services and should the money or property deposited and                                    
30 any accrued interest not be used for the purposes intended on the death of the person                                   
31 on whose behalf the arrangements are made, all money or property in the trust shall                                     
01 become part of that person's estate; upon demand by the person on whose behalf the                                      
02 arrangements are made, all money or property in the trust, including accrued interest,                              
03 shall be paid to that person; this paragraph does not prohibit the charging of a separate                               
04 fee for consultation, counseling, or arrangement services if the fee is disclosed to the                                
05 person making the arrangement; any arrangement under this paragraph that [WHICH]                                    
06 would constitute a contract of insurance under AS 21 is subject to the provisions of                                    
07       AS 21;                                                                                                            
08 (25)  failing to comply with the terms of AS 45.50.800 - 45.50.850                                                      
09       (Alaska Gasoline Products Leasing Act);                                                                           
10 (26)  failing to comply with AS 45.30 relating to mobile home                                                           
11       warranties and mobile home parks;                                                                                 
12                 (27)  failing to comply with AS 14.48.060(b)(13);                                                       
13                 (28)  dealing in hearing aids and failing to comply with AS 08.55;                                      
14                 (29)  violating AS 45.45.910(a), (b), or (c);                                                           
15                 (30)  failing to comply with AS 45.50.473;                                                              
16                 (31)  violating the provisions of AS 45.45.400;                                                         
17 (32)  knowingly selling a reproduction of a piece of art or handicraft                                                  
18 that was made by a resident of the state unless the reproduction is clearly labeled as a                                
19 reproduction; in this paragraph, "reproduction" means a copy of an original if the copy                                 
20       is                                                                                                                
21                      (A)  substantially the same as the original; and                                                   
22                      (B)  not made by the person who made the original;                                                 
23                 (33)  violating AS 08.66 (motor vehicle dealers);                                                       
24 (34)  violating AS 08.66.260 - 08.66.350 (motor vehicle buyers'                                                         
25       agents);                                                                                                          
26                 (35)  violating AS 45.63 (solicitations by telephonic means);                                           
27                 (36)  violating AS 45.68 (charitable solicitations);                                                    
28                 (37)  violating AS 45.50.474 (on board promotions);                                                     
29 (38)  referring a person to a dentist or a dental practice that has paid or                                             
30 will pay a fee for the referral unless the person making the referral discloses at the                                  
31 time the referral is made that the dentist or dental practice has paid or will pay a fee                                
01       based on the referral;                                                                                            
02 (39)  advertising that a person can receive a referral to a dentist or a                                                
03 dental practice without disclosing in the advertising that the dentist or dental practice                               
04 to which the person is referred has paid or will pay a fee based on the referral if, in                                 
05 fact, the dentist or dental practice to which the person is referred has paid or will pay a                             
06       fee based on the referral;                                                                                        
07                 (40)  violating AS 45.50.477(a) - (c);                                                                  
08                 (41)  failing to comply with AS 45.50.475;                                                              
09                 (42)  violating AS 45.35 (lease-purchase agreements);                                                   
10 (43)  violating AS 45.25.400 - 45.25.590 (motor vehicle dealer                                                          
11       practices);                                                                                                       
12                 (44)  violating AS 45.66 (sale of business opportunities);                                              
13                 (45)  violating AS 08.18.023(b) or 08.18.152;                                                           
14                 (46)  violating AS 45.50.479 (limitations on electronic mail);                                          
15                 (47)  violating AS 17.06.010 (sale of, or offering to sell, organic food);                              
16 (48)  violating a labeling or advertising provision of AS 17.20 (Alaska                                                 
17       Food, Drug, and Cosmetic Act);                                                                                    
18                 (49)  violating AS 45.45.920 (free trial period);                                                       
19                 (50)  violating AS 45.45.930 (opt-out marketing plans);                                                 
20 (51)  violating AS 45.45.792 (deceptive acts or practices relating to                                                   
21       spyware);                                                                                                         
22                 (52)  violating AS 06.60.340 (mortgage lending regulation);                                             
23 (53)  offering a check, through the mail or by other means, to promote                                                  
24 goods or services, if the cashing or deposit of the check obligates the endorser or                                     
25 payee identified on the check to pay for goods or services; in this paragraph,                                          
26       "services" does not include the extension of credit or the lending of money;                                      
27 (54)  violating AS 45.65.055 (authentic Alaska Native art identification                                                
28       seals);                                                                                                           
29 (55)  an information collector, other than a governmental agency,                                                       
30 violating AS 45.48.010 - 45.48.090 (breach of security involving personal                                               
31       information); in this paragraph,                                                                                  
01                      (A)  "governmental agency" has the meaning given in                                                
02            AS 45.48.090;                                                                                                
03                      (B)  "information collector" has the meaning given in                                              
04            AS 45.48.090;                                                                                                
05                 (56)  violating AS 45.27 (marine products and motorized recreational                                    
06       products);                                                                                                        
07                 (57)  violating AS 45.45.450 - 45.45.459 (rental car fees).                                             
08    * Sec. 40. AS 45.50.561(3) is amended to read:                                                                     
09                 (3)  "chain distributor scheme" means a sales device whereby a person,                                  
10 upon condition that the person make an investment, is granted a license or right to                                     
11 solicit or recruit for profit one or more additional persons who are also granted a                                     
12 license or right upon condition of making an investment and may further perpetuate                                      
13 the chain of persons who are granted a license or right upon the condition of                                           
14 investment; a limitation as to the number of persons who may participate, or the                                        
15 presence of additional conditions affecting eligibility for the license or right to solicit                             
16 or recruit or the receipt of profit from these does not change the identity of the scheme                               
17 as a chain distributor scheme; as used in this paragraph, "investment" means                                            
18 acquisition, for a consideration other than personal services, of tangible or intangible                                
19 property, and includes [BUT IS NOT LIMITED TO] franchises, business                                                     
20 opportunities and services; "investment" does not include sales demonstration                                           
21       equipment and materials furnished at cost for use in making sales and not for resale;                             
22    * Sec. 41. AS 45.50.576(a) is amended to read:                                                                     
23 (a)  A person who is injured in business or property by a violation of                                                  
24 AS 45.50.562 - 45.50.570, or a person so injured because the person refuses to accede                                   
25 to a proposal for an arrangement that, if consummated, would be a violation of                                          
26       AS 45.50.562 - 45.50.570, may bring a civil action                                                                
27 (1)  for damages sustained by the person, and, if the judgment is for the                                               
28 plaintiff, the plaintiff shall be awarded three times [THREEFOLD] the amount of                                     
29 damages sustained by the person, plus the costs of the suit, including reasonable                                       
30       attorney fees; and                                                                                                
31 (2)  to enjoin the unlawful practice, and, if the judgment is for the                                                   
01       plaintiff, the plaintiff may be awarded costs of the suit, including reasonable attorney                          
02       fees.                                                                                                             
03    * Sec. 42. AS 45.50.596(3) is amended to read:                                                                     
04 (3)  "trade" and "commerce" include [BUT ARE NOT LIMITED TO,]                                                           
05 trade in goods, merchandise, natural resources, whether or not severed, extracted,                                      
06 harvested, or produced, agricultural products, produce, choses in action, commodities,                                  
07 and any other article of commerce; "trade" and "commerce" [THEY] include trade                                      
08 or business in service trades, transportation, banking, lending, advertising, bonding,                                  
09       and any other business whether or not that business furnishes a personal service.                                 
10    * Sec. 43. AS 45.50.810(c) is amended to read:                                                                     
11 (c)  Except as provided in (d) of this section, a refiner or distributor may not                                        
12 terminate, cancel, or fail to renew a dealer lease without good cause. Good cause                                       
13       includes [SHALL INCLUDE WITHOUT LIMITATION:]                                                                  
14 (1)  the failure of a dealer to comply with the lawful material provisions                                              
15 of a lease between the distributor or refiner and the dealer and to cure each default                                   
16       after being given written notice and a reasonable opportunity to cure the default;                                
17 (2)  an adjudication that the dealer is a bankrupt or insolvent or if the                                               
18 dealer makes an assignment for the benefit of creditors or a similar disposition of                                     
19 assets of franchise business or voluntarily abandons the business or is convicted of or                                 
20       pleads guilty or no contest to a charge of violating any law relating to any business;                            
21 (3)  the good faith business decision of the lessor that the lessor no                                                  
22       longer requires a retail outlet at that location for the marketing of gasoline; and                               
23 (4)  the dealer's failure to sign the new agreement if at the time of                                                   
24 renewal of the lease the distributor or refiner and the dealer cannot agree upon new                                    
25 terms and the terms offered by the refiner or distributor do not violate any other laws                                 
26 of the state or of the United States and the terms are essentially the same as those                                    
27 offered to other dealers in similar retail outlets and do not discriminate against the                                  
28       subject dealer.                                                                                                   
29    * Sec. 44. AS 45.50.810(d) is amended to read:                                                                     
30 (d)  A refiner or distributor may [SHALL BE PERMITTED TO] provide in the                                            
31 lease for its termination without cause during a reasonable trial period, not to exceed                                 
01       one year, if the dealer involved has not already been a dealer of a refiner or distributor                        
02       for that period of time.                                                                                          
03    * Sec. 45. AS 45.50.840(5) is amended to read:                                                                     
04 (5)  "refiner" means [IS] a company, corporation, or individual who                                                 
05 owns or controls, or controls through a substantially owned subsidiary, partnership, or                                 
06 joint venture, a refinery used for the production of gasoline, diesel, or other motor                                   
07       vehicle fuels.                                                                                                    
08    * Sec. 46. AS 45.50.930(c) is amended to read:                                                                     
09            (c)  AS 45.50.910 - 45.50.945 do not apply to investigations or actions by the                               
10 attorney general under AS 45.50.471 - 45.50.561 (Alaska Unfair Trade Practices                                      
11 and Consumer Protection Act) [(UNFAIR TRADE PRACTICES AND                                                           
12 CONSUMER PROTECTION)] or under AS 45.50.562 - 45.50.596 (Alaska Restraint                                           
13       of Trade Act) [(RESTRAINT OF TRADE)].                                                                         
14    * Sec. 47. AS 45.55.090 is amended to read:                                                                        
15 Sec. 45.55.090. Registration by coordination. (a) A security for which a                                              
16 registration statement has been filed under the Securities Act of 1933 or any security                                  
17 for which filing has been made under Regulations A and E under [, E, AND F                                          
18 PURSUANT TO] subsection (b) of sec. 3 of the Securities Act of 1933 in connection                                       
19       with the same offering may be registered by coordination.                                                         
20 (b)  A registration statement under this section must contain the following                                             
21 information and be accompanied by the following documents in addition to the                                            
22 information specified in AS 45.55.110(c) and the consent to service of process                                          
23       required by AS 45.55.980(g):                                                                                      
24 (1)  one copy of the latest form of prospectus filed under 15 U.S.C. 77a                                                
25       - 77bbbb (Securities Act of 1933);                                                                                
26 (2)  if the administrator requires, copies of the articles of incorporation                                             
27 and bylaws, or their substantial equivalent, currently in effect; a copy of an agreement                                
28 with or among underwriters; a copy of an indenture or other instrument governing the                                    
29       issuance of the security to be registered; and a specimen or copy of the security;                                
30 (3)  if the administrator requests, any other information, or copies of                                                 
31 any other documents, filed under 15 U.S.C. 77a - 77bbbb (Securities Act of 1933); and                                   
01 (4)  an undertaking to forward all future amendments to the federal                                                     
02 prospectus, other than an amendment that [WHICH] merely delays the effective date                                   
03 of the registration statement, promptly and in any event not later than the first business                              
04 day after the day they are forwarded to or filed with the United States Securities and                                  
05       Exchange Commission, whichever first occurs.                                                                      
06 (c)  A registration statement under this section automatically becomes effective                                        
07 at the moment the federal registration statement becomes effective if all the following                                 
08       conditions are satisfied:                                                                                         
09 (1)  no stop order is in effect and no proceeding is pending under                                                      
10       AS 45.55.120;                                                                                                     
11 (2)  the registration statement has been on file with the administrator                                                 
12       for at least 10 days; and                                                                                         
13 (3)  a statement of the maximum and minimum proposed offering                                                           
14 prices and the maximum underwriting discounts and commissions has been on file for                                      
15 two full business days or a shorter period that [WHICH] the administrator permits and                               
16       the offering is made within those limitations.                                                                    
17 (d)  The registrant shall promptly notify the administrator by telephone or                                             
18 telegram of the date and time when the federal registration statement became effective                                  
19 and the content of the price amendment, if any, and shall promptly file a post-effective                                
20 amendment containing the information and documents in the price amendment. "Price                                       
21 amendment" means the final federal amendment that [WHICH] includes a statement                                      
22 of the offering price, underwriting and selling discounts or commissions, amount of                                     
23 proceeds, conversion rates, call prices, and other matters dependent upon the offering                                  
24 price. Upon failure to receive the required notification and post-effective amendment                                   
25 with respect to the price amendment, the administrator may enter a stop order, without                                  
26 notice or hearing, retroactively denying effectiveness to the registration statement or                                 
27 suspending its effectiveness until compliance with this subsection and                                                  
28 [SUBSECTION] (c) of this section if the administrator promptly notifies the registrant                                  
29 by telephone or telegram, and promptly confirms by letter or telegram when the                                          
30 administrator notifies by telephone, of the issuance of the order. If the registrant                                    
31 proves compliance with the requirements of this subsection and [SUBSECTION] (c)                                         
01 of this section as to notice and post-effective amendment, the stop order is void as of                                 
02 the time of its entry. The administrator may by regulation or otherwise waive either or                                 
03 both of the conditions specified in (c)(2) and (3) of this section. If the federal                                      
04 registration statement becomes effective before all the conditions in this subsection                                   
05 and [SUBSECTION] (c) of this section are satisfied and they are not waived, the                                         
06 registration statement automatically becomes effective as soon as all the conditions are                                
07 satisfied. If the registrant advises the administrator of the date when the federal                                     
08 registration statement is expected to become effective, the administrator shall                                         
09 promptly advise the registrant by telephone or telegram at the registrant's expense [,]                                 
10 whether all the conditions are satisfied and whether the administrator then                                             
11 contemplates the institution of a proceeding under AS 45.55.120; but this advice by                                     
12       the administrator does not preclude the institution of the proceeding at any time.                                
13    * Sec. 48. AS 45.55.100(b) is amended to read:                                                                     
14 (b)  A registration statement under this section must contain the following                                             
15 information and be accompanied by the following documents in addition to the                                            
16 information specified in AS 45.55.110(c) and the consent to service of process                                          
17       required by AS 45.55.980(g):                                                                                      
18 (1)  with respect to the issuer and any significant subsidiary: its name,                                               
19 address, and form of organization; the state or foreign jurisdiction and date of its                                    
20 organization; the general character and location of its business; a description of its                                  
21 physical properties and equipment; and a statement of the general competitive                                           
22       conditions in the industry or business in which it is or will be engaged;                                         
23 (2)  with respect to every director and officer of the issuer, or person                                                
24 occupying a similar status or performing similar functions: the person's name, address,                                 
25 and principal occupation for the past five years; the amount of securities of the issuer                                
26 held by the person as of a specified date within 30 days of the filing of the registration                              
27 statement; the amount of the securities covered by the registration statement to which                                  
28 the person has indicated an intent to subscribe; and a description of a material interest                               
29 in a material transaction with the issuer or a significant subsidiary effected within the                               
30       past three years or proposed to be effected;                                                                      
31 (3)  with respect to persons covered by (2) of this subsection: the                                                     
01 remuneration paid during the past 12 months and estimated to be paid during the next                                    
02 12 months, directly or indirectly, by the issuer, together with all predecessors, parents,                              
03       subsidiaries, and affiliates, to all those persons in the aggregate;                                              
04 (4)  with respect to a person owning of record, or beneficiary if known,                                                
05 10 percent or more of the outstanding shares of any class of equity security of the                                     
06 issuer: the information specified in (2) of this subsection other than the person's                                     
07       occupation;                                                                                                       
08 (5)  with respect to every promoter if the issuer was organized within                                                  
09 the past three years: the information specified in (2) of this subsection, an amount paid                               
10 to the promoter within that period or intended to be paid to the promoter, and the                                      
11       consideration for the payment;                                                                                    
12 (6)  with respect to a person on whose behalf a part of the offering is to                                              
13 be made in a nonissuer distribution: the person's name and address; the amount of                                       
14 securities of the issuer held by the person as of the date of the filing of the registration                            
15 statement; a description of a material interest in a material transaction with the issuer                               
16 or a significant subsidiary effected within the past three years or proposed to be                                      
17       effected; and a statement of the reasons for making the offering;                                                 
18 (7)  the capitalization and long-term debt, on both a current and a pro                                                 
19 forma basis, of the issuer and a significant subsidiary, including a description of each                                
20 security outstanding or being registered or otherwise offered, and a statement of the                                   
21 amount and kind of consideration, whether in the form of cash, physical assets,                                         
22 services, patents, good will [GOODWILL], or anything else, for which the issuer or a                                
23 subsidiary has issued any of its securities within the past two years or is obligated to                                
24       issue any of its securities;                                                                                      
25 (8)  the kind and amount of securities to be offered; the proposed                                                      
26 offering price or the method by which it is to be computed; any variation from this at                                  
27 which a proportion of the offering is to be made to a person or class of persons other                                  
28 than the underwriters, with a specification of that person or class; the basis upon which                               
29 the offering is to be made if otherwise than for cash; the estimated aggregate                                          
30 underwriting and selling discounts or commissions and finders' fees, including                                          
31 separately cash, securities, contracts, or anything else of value to accrue to the                                      
01 underwriters or finders in connection with the offering, or, if the selling discounts or                                
02 commissions are variable, the basis of determining them and their maximum and                                           
03 minimum amounts; the estimated amounts of other selling expenses, including legal,                                      
04 engineering, and accounting charges; the name and address of every underwriter and                                      
05 every recipient of a finder's fee; a copy of any underwriting or selling-group                                          
06 agreement under which the distribution is to be made, or the proposed form of the                                       
07 agreement whose terms have not yet been determined; and a description of the plan of                                    
08 distribution of any securities which are to be offered other than through an                                            
09       underwriter;                                                                                                      
10 (9)  the estimated cash proceeds to be received by the issuer from the                                                  
11 offering; the purposes for which the proceeds are to be used by the issuer; the amount                                  
12 to be used for each purpose; the order or priority in which the proceeds will be used                                   
13 for the purposes stated; the amounts of any funds to be raised from other sources to                                    
14 achieve the purposes stated; the sources of the funds; and, if a part of the proceeds is                                
15 to be used to acquire property, including goodwill, other than in the ordinary course of                                
16 business, the names and addresses of the vendors, the purchase price, the names of                                      
17 persons who have received commissions in connection with the acquisition, and the                                       
18 amounts of the commissions and any other expense in connection with the acquisition,                                    
19       including the cost of borrowing money to finance the acquisition;                                                 
20 (10)  a description of a stock option or other security options                                                         
21 outstanding, or to be created in connection with the offering, together with the amount                                 
22 of the options held or to be held by every person required to be named in (2), (4), (5),                                
23 (6), or (8) of this subsection and by a person who holds or will hold 10 percent or                                     
24       more in the aggregate of the options;                                                                             
25 (11)  the dates of, parties to, and general effect concisely stated of,                                                 
26 every management or other material contract made or to be made otherwise than in the                                    
27 ordinary course of business if it is to be performed in whole or in part at or after the                                
28 filing of the registration statement or was made within the past two years, together                                    
29 with a copy of every [SUCH] contract; and a description of any pending litigation or                                    
30 proceeding to which the issuer is a party and that [WHICH] materially affects its                                   
31 business or assets, including the litigation or proceeding known to be contemplated by                                  
01       governmental authorities;                                                                                         
02                 (12)  a copy of a prospectus, pamphlet, circular, form letter,                                          
03       advertisement, or other sales literature intended, as of the effective date, to be used in                    
04       connection with the offering;                                                                                     
05 (13)  a specimen or copy of the security being registered; a copy of the                                                
06 issuer's articles of incorporation and bylaws, or their substantial equivalents, as                                     
07 currently in effect; and a copy of any indenture or other instrument covering the                                       
08       security to be registered;                                                                                        
09                 (14)  a signed or conformed copy of an opinion of counsel as to the                                     
10 legality of the security being registered, with an English translation if it is in a foreign                            
11 language, that states whether the security when sold will be legally issued, fully paid,                                
12       and nonassessable, and, if a debt security, a binding obligation of the issuer;                                   
13 (15)  the written consent of an accountant, engineer, appraiser, or other                                               
14 person whose profession gives authority to a statement made by the person, if the                                       
15 person is named as having prepared or certified a report or valuation, other than a                                     
16 public and official document or statement, that is used in connection with the                                          
17       registration statement;                                                                                           
18 (16)  a balance sheet of the issuer as of a date within four months                                                     
19 before the filing of the registration statement; a profit and loss statement and analysis                               
20 or surplus for each of the three fiscal years preceding the date of the balance sheet and                               
21 for any period between the close of the last fiscal year and the date of the balance                                    
22 sheet, or for the period of the issuer's and a predecessor's existence if less than three                               
23 years; and, if any part of the proceeds of the offering is to be applied to the purchase of                             
24 a business, the same financial statements that [WHICH] would be required if that                                    
25       business were the registrant; and                                                                                 
26 (17)  the additional information that the administrator requires by                                                     
27       regulation or order.                                                                                              
28    * Sec. 49. AS 45.55.139 is amended to read:                                                                        
29 Sec. 45.55.139. Reports of corporations. A copy of all annual reports,                                                
30 proxies, consents or authorizations, proxy statements, and other materials relating to                                  
31 proxy solicitations distributed, published, or made available by any person to at least                                 
01 30 Alaska resident shareholders of a corporation that has total assets exceeding                                        
02 $1,000,000 and a class of equity security held of record by 500 or more persons and                                     
03 that [WHICH] is exempted from the registration requirements of AS 45.55.070 by                                      
04 AS 45.55.138, shall be filed with the administrator concurrently with its distribution to                               
05       shareholders.                                                                                                     
06    * Sec. 50. AS 46.11.020 is amended to read:                                                                        
07 Sec. 46.11.020. Training of public building maintenance personnel. Persons                                            
08 responsible for the maintenance of public buildings designed with energy conservation                                   
09 or production features shall be trained by the Department of Commerce,                                              
10 Community, and Economic Development [DEPARTMENT] in the use and                                                     
11       operation of those features.                                                                                      
12    * Sec. 51. AS 46.11.060(a) is amended to read:                                                                     
13 (a)  A [EACH] state agency shall to the greatest extent practicable recycle                                         
14       reusable materials, including [BUT NOT LIMITED TO,] paper, glass, and cans.                                       
15    * Sec. 52. AS 46.11.060(b) is amended to read:                                                                     
16 (b)  The department [DEPARTMENT OF ENVIRONMENTAL                                                                    
17 CONSERVATION] shall encourage, through cooperative means, the adoption of all                                           
18 available and practicable methods throughout federal, state, and local governments                                      
19       that recycle, reuse, and conserve materials.                                                                      
20    * Sec. 53. AS 46.11.070 is amended to read:                                                                        
21 Sec. 46.11.070. Waste reduction and recycling awards for schools. (a) In                                              
22 consultation with the Department of Education and Early Development, the                                                
23 department [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] shall                                                         
24 establish a waste reduction and recycling awards program under which the                                                
25 department [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] may                                                           
26 annually, subject to available funding, award grants of up to $2,000 each to public                                     
27 schools in recognition of their efforts and the efforts of their students to reduce and                                 
28 recycle waste generated in the administrative offices, classrooms, laboratories,                                        
29       cafeterias, and maintenance operations of the schools.                                                          
30 (b)  The department [DEPARTMENT OF ENVIRONMENTAL                                                                    
31 CONSERVATION] shall, on request, provide technical assistance to schools                                                
01       concerning their opportunities to reduce and recycle wastes.                                                      
02 (c)  The department [DEPARTMENT OF ENVIRONMENTAL                                                                    
03 CONSERVATION] shall adopt regulations to implement the awards program. For                                              
04 purposes of evaluating school waste reduction and recycling programs, the department                                    
05 may group schools according to geographical location, student population, distance to                                   
06       recycling markets, or other criteria considered appropriate by the department.                                    
07            (d)  The department [DEPARTMENT OF ENVIRONMENTAL                                                         
08       CONSERVATION] may accept and use restricted grants of money or other assistance                                   
09       from private persons or groups to fund the awards made under (a) of this section.                                 
10 (e)  The department [DEPARTMENT OF ENVIRONMENTAL                                                                    
11 CONSERVATION] may not use state money to fund awards made under (a) of this                                             
12 section unless an appropriation is made specifically for the purposes of (a) of this                                    
13       section.                                                                                                          
14    * Sec. 54. AS 46.11.900(2) is amended to read:                                                                     
15 (2)  "department" means the Department of Environmental                                                             
16 Conservation [COMMERCE, COMMUNITY, AND ECONOMIC                                                                     
17       DEVELOPMENT];                                                                                                     
18    * Sec. 55. AS 46.14.990(24) is amended to read:                                                                    
19                 (24)  "small business facility" means a stationary source that                                          
20 (A)  is owned or operated by a person who employs 100 or                                                                
21            fewer individuals;                                                                                           
22 (B)  is a small business concern as defined in 15 U.S.C. 632;                                                           
23            and                                                                                                          
24 (C)  emits less than 100 tons per year [TPY] of regulated air                                                       
25            pollutants;                                                                                                  
26    * Sec. 56. AS 47.07.900(9) is amended to read:                                                                     
27 (9)  "emotionally disturbed or chronically mentally ill adults" includes                                            
28 [AND "SEVERELY EMOTIONALLY DISTURBED PERSONS UNDER AGE 21"                                                              
29 INCLUDE] only persons who receive mental health services from an entity that has a                                      
30 contract to provide community mental health services under AS 47.30.520 -                                               
31       47.30.620;                                                                                                        
01    * Sec. 57. AS 47.10.394(b) is amended to read:                                                                     
02            (b)  The provider of a shelter for runaways shall promptly, but within one state                             
03       working day, inform the department of a runaway minor in the shelter                                              
04                 (1)  who claims to be the victim of child abuse or neglect [, AS                                        
05       DEFINED IN AS 47.17.290];                                                                                         
06                 (2)  whom the provider has reasonable cause to suspect has been a                                       
07       victim of child abuse or neglect; or                                                                              
08                 (3)  whom the provider has reason to believe is evading the supervision                                 
09       of the department, the person to whom the department has entrusted supervision, or                                
10       the minor's legal guardian.                                                                                       
11    * Sec. 58. AS 47.10.394 is amended by adding a new subsection to read:                                             
12            (c)  In this section, "child abuse or neglect" has the meaning given in                                      
13       AS 47.17.290.                                                                                                     
14    * Sec. 59. AS 47.30.056(g) is amended to read:                                                                     
15            (g)  In (b)(4) of this section, "persons [SENILE PEOPLE] who, as a result of                         
16       [THEIR] senility, suffer major mental illness" includes persons with the following                            
17       mental disorders:                                                                                                 
18                 (1)  primary degenerative dementia of the Alzheimer type;                                               
19                 (2)  multi-infarct dementia;                                                                            
20                 (3)  senile dementia;                                                                                   
21                 (4)  presenile dementia;                                                                                
22                 (5)  other severe and persistent mental disorders manifested by                                         
23       behaviors and symptoms similar to those manifested by persons with disorders listed                               
24       in this subsection.                                                                                               
25    * Sec. 60. AS 46.14.990(28) is repealed.                                                                           
26    * Sec. 61. Sections 2 - 5 of this Act take effect on the effective date of sec. 19, ch. 25, SLA                    
27 2016.                                                                                                                   
28    * Sec. 62. Except as provided in sec. 61 of this Act, this Act takes effect July 1, 2017.                        
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