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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 81                                                                                                          
01 Making corrective amendments to the Alaska Statutes as recommended by the revisor of                                    
02 statutes; and providing for an effective date.                                                                          
03                           _______________                                                                               
04    * Section 1. AS 04.11.080 is amended to read:                                                                      
05            Sec. 04.11.080. Types of licenses and permits. Licenses and permits issued                                 
06       under this title are as follows:                                                                                  
07                 (1)  beverage dispensary license;                                                                       
08                 (2)  duplicate beverage dispensary license for additional rooms;                                        
09                 (3)  restaurant or eating place license;                                                                
10                 (4)  club license;                                                                                      
11                 (5)  bottling works license;                                                                            
12                 (6)  brewery license;                                                                                   
13                 (7)  package store license;                                                                             
14                 (8)  general wholesale license;                                                                         
01                 (9)  wholesale malt beverage and wine license;                                                          
02                 (10)  distillery license;                                                                               
03                 (11)  common carrier dispensary license;                                                                
04                 (12)  retail stock sale license;                                                                        
05                 (13)  recreational site license;                                                                        
06                 (14)  pub license;                                                                                      
07                 (15)  winery license;                                                                                   
08                 (16)  caterer's permit;                                                                                 
09                 (17)  special events permit;                                                                            
10                 (18)  conditional contractor's permit;                                                                  
11                 (19)  brewpub license;                                                                                  
12                 (20)  golf course license;                                                                              
13                 (21)  outdoor recreation lodge license;                                                             
14                 (22)  destination resort license.                                                                   
15    * Sec. 2. AS 04.11.220(e) is amended to read:                                                                      
16            (e)  In this section, an "accredited college or university" means a college or                               
17       university accredited by the Northwest Commission on Colleges and Universities                                
18       [ASSOCIATION OF SECONDARY AND HIGHER SCHOOLS].                                                                    
19    * Sec. 3. AS 08.70.110(a) is amended to read:                                                                      
20            (a)  The department shall license                                                                            
21                 [(1)]  applicants who pass the written examination administered by the                                  
22       department and meet the standards established by the department under AS 08.70.050                                
23       [;                                                                                                                
24                 (2)  PERSONS LICENSED UNDER EMERGENCY REGULATIONS                                                       
25       7 AAC 12.045 PROMULGATED IN REGISTER 51, JULY 8, 1974, WHO HAVE                                                   
26       PRACTICED AS ADMINISTRATORS SINCE LICENSING].                                                                     
27    * Sec. 4. AS 11.46.495 is amended to read:                                                                         
28            Sec. 11.46.495. Definitions. In AS 11.46.400 - 11.46.495, unless the context                               
29       requires otherwise,                                                                                               
30                 (1)  "highway" has the meaning given in AS 19.59.001;                                                   
31                 (2)  "motor vehicle" has the meaning given in AS 28.90.990;                                             
01                 (3)  "official traffic control device" means a traffic control device that                              
02       has been placed on a highway by authority of a state or municipal agency, a utility, or                           
03       a contractor employed by a state or municipal agency or a utility;                                                
04                 (4)  "oil or gas pipeline or supporting facility [FACILITIES]" means                                
05       real property or tangible personal property used in the exploration for, production or                            
06       refining of, or pipeline transportation of oil, gas, or gas liquids, except for property                          
07       used solely in the retail distribution of oil or gas;                                                             
08                 (5)  "tamper" means to interfere with something improperly, meddle                                      
09       with it, or make unwarranted alterations to its existing condition;                                               
10                 (6)  "traffic control device" includes a sign, signal, road marker,                                     
11       barricade, flare, warning light, reflector, railroad sign or signal, shield, insignia,                            
12       milepost, or similar device intended to warn, inform, or control the flow of pedestrian,                          
13       equestrian, bicycle, or motor vehicle traffic;                                                                    
14                 (7)  "utility" means an enterprise, whether publicly or privately owned                                 
15       or operated, which provides gas, electric, steam, water, sewer, or communications                                 
16       service, and any common carrier;                                                                                  
17                 (8)  "widely dangerous means" means any difficult-to-confine                                            
18       substance, force, or other means capable of causing widespread damage, including                                  
19       fire, explosion, avalanche, poison, radioactive material, bacteria, collapse of a                                 
20       building, or flood.                                                                                               
21    * Sec. 5. AS 11.51.100(a) is amended to read:                                                                      
22            (a)  A person commits the crime of endangering the welfare of a child in the                                 
23       first degree if, being a parent, guardian, or other person legally charged with the care                          
24       of a child under 16 years of age, the person                                                                      
25                 (1)  intentionally deserts the child in a place under circumstances                                     
26       creating a substantial risk of physical injury to the child;                                                      
27                 (2)  leaves the child with another person who is not a parent, guardian,                                
28       or lawful custodian of the child knowing that the person is                                                       
29                      (A)  registered or required to register as a sex offender or child                                 
30            kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with                                  
31            similar requirements;                                                                                        
01                      (B)  charged by complaint, information, or indictment with a                                       
02            violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another                                       
03            jurisdiction with similar elements; or                                                                       
04                      (C)  charged by complaint, information, or indictment with an                                      
05            attempt, solicitation, or conspiracy to commit a crime described in (B) of this                              
06            paragraph;                                                                                                   
07                 (3)  leaves the child with another person knowing that the person has                                   
08       previously physically mistreated or had sexual contact with any child, and the other                              
09       person causes physical injury to or engages in sexual contact with the child; or                              
10                 (4)  recklessly fails to provide an adequate quantity of food or liquids to                             
11       a child, causing protracted impairment of the child's health.                                                     
12    * Sec. 6. AS 11.56.810(a) is amended to read:                                                                      
13            (a)  A person commits the crime of terroristic threatening in the second degree                              
14       if the person knowingly makes a false report that a circumstance                                                  
15                 (1)  dangerous to human life exists or is about to exist and                                            
16                      (A)  a person is placed in reasonable fear of physical injury to                                   
17            any person;                                                                                                  
18                      (B)  causes evacuation of a building, public place or area,                                        
19            business premises, or mode of public transportation;                                                         
20                      (C)  causes serious public inconvenience; or                                                       
21                      (D)  the report claims that a bacteriological, biological,                                         
22            chemical, or radiological substance that is capable of causing serious physical                              
23            injury has been sent or is present in a building, public place or area, business                             
24            premises, or mode of public transportation; or                                                               
25                 (2)  exists or is about to exist that is dangerous to the proper or safe                                
26       functioning of an oil or gas pipeline or supporting facility, utility, or transportation or                       
27       cargo facility; in this paragraph, "oil or gas pipeline or [AND] supporting facility" and                     
28       "utility" have the meanings given in AS 11.46.495.                                                                
29    * Sec. 7. AS 14.20.310(a) is amended to read:                                                                      
30            (a)  The number of teachers eligible for sabbatical leave that may be allowed                                
31       under AS 14.20.280 - 14.20.350 is as follows:                                                                     
01                 (1)  not more than one-half of one percent of the total number of                                       
02       teachers from all borough and city school districts and regional educational                                  
03       [EDUCATION] attendance areas may be on state-supported sabbatical leave in any                                    
04       year;                                                                                                             
05                 (2)  any number of teachers may be on sabbatical leave at school                                        
06       district or personal expense.                                                                                     
07    * Sec. 8. AS 15.10.120(a) is amended to read:                                                                      
08            (a)  An election supervisor shall appoint in each precinct within the election                               
09       supervisor's district an election board composed of at least three qualified voters                               
10       registered to vote in that precinct. If the election supervisor is unable to locate three                         
11       qualified individuals registered to vote in that precinct who are willing and able to                             
12       serve on the election board, the election supervisor may appoint any qualified                                    
13       individual registered to vote in the house [ELECTION] district in which the precinct                          
14       is located. If the election supervisor is unable to locate three qualified individuals                            
15       registered to vote in the precinct or in the district who are willing and able to serve on                        
16       the election board, the election supervisor may appoint any qualified individual                                  
17       registered to vote in this state. In addition to the three qualified voters registered to                         
18       vote in the precinct, district, or state, an election supervisor may also appoint not more                        
19       than two members of the youth vote ambassador program established in AS 15.10.108                                 
20       to serve on a precinct election board.                                                                            
21    * Sec. 9. AS 15.15.430(a) is amended to read:                                                                      
22            (a)  The review of ballot counting by the director shall include only                                        
23                 (1)  a review of the precinct registers, tallies, and ballots cast;                                     
24                 (2)  a review of absentee and questioned ballots as prescribed by law;                                  
25       and                                                                                                               
26                 (3)  unless the ballot for the house [ELECTION] district contains                                   
27       nothing but uncontested offices, a hand count of ballots from one randomly selected                               
28       precinct in each house [ELECTION] district that accounts for at least five percent of                         
29       the ballots cast in that district.                                                                                
30    * Sec. 10. AS 18.60.075(a) is amended to read:                                                                     
31            (a)  An employer shall do everything necessary to protect the life, health, and                              
01       safety of employees, including [, BUT NOT LIMITED TO]                                                         
02                 (1)  complying with all occupational safety and health standards and                                    
03       regulations adopted by the department;                                                                            
04                 (2)  furnishing and prescribing the use of suitable protective equipment,                               
05       safety devices, and safeguards as are prescribed for the work and workplace [WORK                             
06       PLACE];                                                                                                           
07                 (3)  adopting and prescribing control or technological procedures, and                                  
08       monitoring and measuring employee exposure in connection with hazards, as may be                                  
09       necessary for the protection of employees; and                                                                    
10                 (4)  furnishing to each employee employment and a place of                                              
11       employment that are free from recognized hazards that, in the opinion of the                                      
12       commissioner, are causing or are likely to cause death or serious physical harm to the                            
13       employees.                                                                                                        
14    * Sec. 11. AS 18.60.780(2) is amended to read:                                                                     
15                 (2)  "commercial buildings" means buildings including [BUT NOT                                          
16       LIMITED TO] wholesale and retail stores and storerooms, and office buildings;                                     
17    * Sec. 12. AS 18.60.780(6) is amended to read:                                                                     
18                 (6)  "glazing" means the act of installing and securing glass or other                                  
19       glazing material into prepared openings in structural elements including [BUT NOT                                 
20       LIMITED TO] doors, enclosures, and panels;                                                                        
21    * Sec. 13. AS 18.60.780(8) is amended to read:                                                                     
22                 (8)  "industrial buildings" means buildings including [BUT NOT                                          
23       LIMITED TO] factories, manufacturing plants, or other auxiliary structures used in a                              
24       manufacturing process;                                                                                            
25    * Sec. 14. AS 18.60.780(9) is amended to read:                                                                     
26                 (9)  "other structures used as dwellings" means buildings including                                     
27       [BUT NOT LIMITED TO] mobile homes, manufactured or industrialized housing,                                        
28       and lodging homes;                                                                                                
29    * Sec. 15. AS 18.60.780(11) is amended to read:                                                                    
30                 (11)  "public buildings" means buildings including [BUT NOT                                             
31       LIMITED TO] hotels, hospitals, motels, dormitories, sanitariums, nursing homes,                                   
01       theaters, stadiums, gymnasiums, amusement park buildings, schools and other                                       
02       buildings used for educational purposes, museums, restaurants, bars, correctional                                 
03       institutions, places of worship, and other buildings of public accommodation or                                   
04       assembly;                                                                                                         
05    * Sec. 16. AS 18.60.780(12) is amended to read:                                                                    
06                 (12)  "residential buildings" means structures including [BUT NOT                                       
07       LIMITED TO] homes and apartments used as dwellings for one or more families or                                    
08       persons;                                                                                                          
09    * Sec. 17. AS 18.60.780(13) is amended to read:                                                                    
10                 (13)  "safety glazing material" means any glazing material, including                               
11       [BUT NOT LIMITED TO] tempered glass, laminated glass, wire glass, or rigid                                        
12       plastic, that meets the test requirements of the American National Standards Institute                            
13       Standard (ANSI Standard) Z-97.1-1972, and that is so constructed, treated, or                                     
14       combined with other materials as to minimize the likelihood of cutting and piercing                               
15       injuries resulting from human contact with the glazing material;                                                  
16    * Sec. 18. AS 18.63.040(b) is amended to read:                                                                     
17            (b)  A basic hazardous painting certificate program must include instruction                                 
18       and written and practical testing in methods of ventilation, respirator selection,                                
19       chemical reaction to body tissue, proper use of painting tools, knowledge of relevant                             
20       health and safety laws and regulations, including relevant portions of state                                      
21       occupational safety and health standards adopted by the department in regulation                              
22       [REFERENCE UNDER 8 AAC 61.010], and other appropriate subjects. A basic                                           
23       hazardous painting certificate program may not exceed 16 hours of instruction and                                 
24       testing. A supplemental hazardous painting certificate program must include                                       
25       instruction and written and practical testing necessary to ensure that a person who                               
26       completes the program will be knowledgeable about new developments and changes                                    
27       related to hazardous painting that have occurred since the person completed a basic                               
28       hazardous painting certificate program.                                                                           
29    * Sec. 19. AS 35.15.080(b) is amended to read:                                                                     
30            (b)  If the commissioner [OF TRANSPORTATION AND PUBLIC                                                       
31       FACILITIES] determines that assumption of responsibilities by a municipality under                                
01       (a) of this section is not practicable or not in the best interests of the state, the                             
02       commissioner shall notify the governing body of the municipality of the finding and                               
03       specify reasons for it. If the governing body requests reconsideration of the decision,                           
04       the commissioner shall hold a hearing in the municipality within 30 days following                                
05       mailing of the request. Following the hearing, the commissioner may affirm, modify,                           
06       or reverse the initial decision and shall specify in writing the reasons.                                         
07    * Sec. 20. AS 35.15.080(f) is amended to read:                                                                     
08            (f)  To carry out the purpose of this section, the commissioner [OF                                          
09       TRANSPORTATION AND PUBLIC FACILITIES] shall adopt regulations relating to                                         
10       the application for and the making and the conditions of agreements and the local                                 
11       assumption of responsibilities for the planning, design, and construction of public                               
12       works under this section. The commissioner may require different terms in agreements                              
13       for different projects to meet local conditions and unique requirements and to assure                             
14       compliance with the public facilities procurement policies developed by the                                       
15       department under AS 35.10.160 - 35.10.200. If necessary, the commissioner may                                     
16       require as a condition of an agreement approval of the agreement by the federal                                   
17       government.                                                                                                       
18    * Sec. 21. AS 35.20.020 is amended to read:                                                                        
19            Sec. 35.20.020. Declaration of taking. A declaration of taking, in the form of                             
20       an order signed by the commissioner [OF THE DEPARTMENT], declaring that the                                       
21       real property, or an interest in it, or any easement is necessary for the public use of the                       
22       state is sufficient to vest title in the state. However, a declaration of taking is not                           
23       effective until eminent domain proceedings have been instituted in the proper court [,]                           
24       and a copy of the declaration of taking is recorded in the office of the recorder located                         
25       in the recording district where the land is located. The department may pay or have                               
26       paid, from the appropriate fund, into court the amount it considers represents a                                  
27       reasonable valuation for the land, easement, or materials taken.                                                  
28    * Sec. 22. AS 35.27.020(c) is amended to read:                                                                     
29            (c)  At least one percent or, in the case of a rural school facility, at least one-                          
30       half of one percent of the construction cost of a building or facility approved for                               
31       construction by the legislature [AFTER SEPTEMBER 1, 1977,] will be reserved for                                   
01       the following purposes: the design, construction, mounting, and administration of                             
02       works of art in a school, office building, court building, vessel of the marine highway                           
03       system, or other building or facility that [WHICH] is subject to substantial public use.                      
04    * Sec. 23. AS 35.40.110 is amended to read:                                                                        
05            Sec. 35.40.110. Robert B. Atwood Building. The [AFTER MARCH 31,                                          
06       2002, THE] state office building at 550 West Seventh Avenue in Anchorage is named                                 
07       the Robert B. Atwood Building. [THE NAME OF THE BUILDING MAY BE                                                   
08       CHANGED BEFORE MARCH 31, 2002, IF A LESSEE AND THE STATE AGREE                                                    
09       TO A NEW NAME BEFORE MARCH 31, 2002.]                                                                             
10    * Sec. 24. AS 35.40.210(b) is amended to read:                                                                     
11            (b)  The department [DEPARTMENT OF TRANSPORTATION AND                                                    
12       PUBLIC FACILITIES] shall erect and maintain appropriate signs facing the                                          
13       oncoming traffic in both directions entering the highway at Fairbanks, Delta Junction,                            
14       Tok Junction, the Alaska border, and at points approximately halfway between those                                
15       locations designating the highways described in (a) of this section as the Purple Heart                           
16       Trail. Each sign must                                                                                             
17                 (1)  display a replica of the Purple Heart Medal;                                                       
18                 (2)  contain the following statement: "Purple Heart Trail."                                             
19    * Sec. 25. AS 35.40.210(c) is amended to read:                                                                     
20            (c)  At not fewer than three pullouts along the Purple Heart Trail, selected by                              
21       the commissioner [OF TRANSPORTATION AND PUBLIC FACILITIES], the                                                   
22       department [DEPARTMENT OF TRANSPORTATION AND PUBLIC                                                           
23       FACILITIES] shall erect informational displays including                                                          
24                 (1)  a replica of the Purple Heart Medal;                                                               
25                 (2)  the following statement: "Purple Heart Trail";                                                     
26                 (3)  information pertinent to the Purple Heart Medal and Purple Heart                                   
27       Trail and their history.                                                                                          
28    * Sec. 26. AS 35.40.210(d) is amended to read:                                                                     
29            (d)  The department [DEPARTMENT OF TRANSPORTATION AND                                                    
30       PUBLIC FACILITIES] shall determine the appropriate size for the signs to be erected                               
31       under (b) of this section and informational displays described in (c) of this section.                            
01    * Sec. 27. AS 35.95.100 is amended by adding a new paragraph to read:                                              
02                 (10)  "commissioner" means the commissioner of transportation and                                       
03       public facilities.                                                                                                
04    * Sec. 28. AS 44.62.175(a) is amended to read:                                                                     
05            (a)  The lieutenant governor shall develop and supervise the Alaska Online                                   
06       Public Notice System, to be maintained on the state's site on the Internet. The                                   
07       lieutenant governor shall prescribe the form of notices posted on the system by state                             
08       agencies. The Alaska Online Public Notice System must include                                                     
09                 (1)  notices of proposed actions given under AS 44.62.190(a);                                           
10                 (2)  notices of state agency meetings required under AS 44.62.310(e),                                   
11       even if the meeting has been held;                                                                                
12                 (3)  notices of solicitations to bid issued under AS 36.30.130;                                         
13                 (4)  notices of state agency requests for proposals issued under                                        
14       AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and                                            
15       AS 43.40.010;                                                                                                     
16                 (5)  executive orders and administrative orders issued by the governor;                                 
17                 (6)  written delegations of authority made by the governor or the head                                  
18       of a principal department under AS 44.17.010;                                                                     
19                 (7)  the text or a summary of the text of a regulation or order of repeal                               
20       of a regulation for which notice is given under AS 44.62.190(a), including an                                     
21       emergency regulation or repeal regardless of whether it has taken effect;                                         
22                 (8)  notices required by AS 44.62.245(b) regarding an amended version                                   
23       of a document or other material incorporated by reference in a regulation;                                        
24                 (9)  a summary of the text of recently issued published [FORMAL]                                    
25       opinions [AND MEMORANDA OF ADVICE] of the attorney general;                                                       
26                 (10)  a list of vacancies on boards, commissions, and other bodies                                      
27       whose members are appointed by the governor;                                                                      
28                 (11)  in accordance with AS 39.52.240(h), advisory opinions of the                                      
29       attorney general; and                                                                                             
30                 (12)  notices required by AS 26.30.010(d) and (e) regarding                                             
31       applications for military facility zones.                                                                         
01    * Sec. 29. AS 44.88.070 is amended to read:                                                                        
02            Sec. 44.88.070. Purpose of the authority. The purpose of the authority is to                               
03       promote, develop, and advance the general prosperity and economic welfare of the                                  
04       people of Alaska, to relieve problems of unemployment, and to create additional                                   
05       employment by                                                                                                     
06                 (1)  providing various means of financing and means of facilitating the                                 
07       financing, in cooperation with federal, state, and private institutions, of industrial,                           
08       manufacturing, energy, export, small business, and business enterprises and the other                         
09       facilities referred to in AS 44.88.010(a) in the state;                                                           
10                 (2)  owning and operating the enterprises and other facilities described                                
11       in AS 44.88.172;                                                                                                  
12                 (3)  fostering the expansion of exports of Alaska goods, services, and                                  
13       raw materials;                                                                                                    
14                 (4)  cooperating and acting in conjunction with other organizations,                                    
15       public and private, the objects of which are the promotion and advancement of export                              
16       trade activities in the state;                                                                                    
17                 (5)  establishing a source of funding credit guarantees and insurance,                                  
18       not otherwise available, to support export development;                                                           
19                 (6)  providing and cooperating or participating with federal, state, and                                
20       private institutions to provide actual and potential Alaska exporters, particularly small-                        
21       and medium-sized exporters, with financial assistance in support of export                                        
22       transactions.                                                                                                     
23    * Sec. 30. AS 47.12.310(a) is amended to read:                                                                     
24            (a)  Except as specified in AS 47.12.315, 47.12.320, and (b) - (g) and (i) of                            
25       this section, all information and social records pertaining to a minor who is subject to                          
26       this chapter or AS 47.17 prepared by or in the possession of a federal, state, or                                 
27       municipal agency or employee in the discharge of the agency's or employee's official                              
28       duty, including driver's license actions under AS 28.15.185, are privileged and may                               
29       not be disclosed directly or indirectly to anyone without a court order.                                          
30    * Sec. 31. AS 35.27.030(2) is repealed.                                                                            
31    * Sec. 32. This Act takes effect immediately under AS 01.10.070(c).                                                
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