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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 292                                                                                                         
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 04.11.160(e) is amended to read:                                                                   
05            (e)  A person who applies for issuance or renewal of a license under this                                    
06       section shall file, on forms provided by the board, the following information regarding                           
07       each product line of alcoholic beverages that the person intends to purchase, offer for                           
08       sale, or sell: (1) the supplier of the product line; (2) the full and correct brand names in                      
09       the product line; (3) the name of the distiller, brewer, vintner, or importer of the                              
10       product line; and (4) a certification by the distiller, brewer, vintner, or importer of the                       
11       product line that the person is the primary source of supply for the product line. In                             
12       addition to the fees imposed under (a) and (b) of this section, a person filing under this                        
13       subsection shall pay a biennial filing fee as follows:                                                            
14            1 to 25 suppliers ..................................................................................... $   5
01            26 to 50 suppliers ................................................................................... $1,000
02            51 to 75 suppliers ................................................................................... $1,500
03            over 75 suppliers .................................................................................... $2,000
04       In this subsection, "distiller, brewer, vintner, or importer" includes an exclusive agent                         
05       of the distiller, brewer, vintner, or importer if the agent's name appears on the label of                        
06       the brand approved by the Alcohol and Tobacco Tax and Trade Bureau                                            
07       [FEDERAL BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS].                                                               
08    * Sec. 2. AS 04.21.065(b) is amended to read:                                                                      
09            (b) The warning signs required by (a) of this section must be at least 11 inches                             
10       by 14 inches and the lettering must be at least one-half inch high and in contrasting                             
11       colors. The first sign must read, "WARNING: Drinking alcoholic beverages such as                                  
12       beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy                            
13       can cause birth defects." The second sign must read, "WARNING: A person who                                       
14       provides alcoholic beverages to a person under 21 years of age, if convicted under                                
15       AS 04.16.051, could be imprisoned for up to five years and fined up to $50,000." The                              
16       third sign must read, "WARNING: A person under 21 years of age who enters these                                   
17       premises in violation of law could, under AS 04.16.049(e), be civilly liable for                                  
18       damages of $1,500 [$1,000]." The license or permit holder shall display the first and                         
19       second signs in a manner that would make them conspicuous to a person who will be                                 
20       purchasing or consuming alcoholic beverages or smoking cigarettes on the licensed or                              
21       designated premises and shall conspicuously display the third sign at each door                                   
22       through which customers enter the licensed premises.                                                              
23    * Sec. 3. AS 14.40.367 is amended to read:                                                                         
24            Sec. 14.40.367. Confidential records relating to university land and                                       
25       interests in land. Notwithstanding AS 40.25.100 - 40.25.295 [AS 40.25.100 -                                 
26       40.25.220], on a determination that it is in the best interest of the University of Alaska                        
27       or on the request of the person who has provided the information, the president of the                            
28       university may keep the following confidential:                                                                   
29                 (1)  the name of a person applying for the sale, lease, or other disposal                               
30       of university land or an interest in university land;                                                             
31                 (2)  before the issuance of a notice of intent to award a contract relating                             
01       to a sale, lease or disposal of university land or an interest in university land, the                            
02       names of the participants and the terms of their offers;                                                          
03                 (3)  all geological, well, geophysical, engineering, architectural, sales,                              
04       market, cost, appraisal, timber cruise, gross receipts, net receipts, or other financial                          
05       information relating to university land or an interest in university land and considered                          
06       for, offered for, or currently subject to disposal or a contract;                                                 
07                 (4)  cost data and financial information submitted by an applicant in                                   
08       support of applications for bonds, leases, or other information in offerings and                                  
09       ongoing operations relating to management of university land;                                                     
10                 (5)  applications for rights-of-way or easements across university land;                                
11       and                                                                                                               
12                 (6)  requests for information about or applications by public agencies                                  
13       for university land that is being considered for use for a public purpose.                                        
14    * Sec. 4. AS 15.13.400(9) is amended to read:                                                                      
15                 (9) "immediate family" means the spouse, parent, child [PARENTS,                                    
16       CHILDREN], including a stepchild and an adopted [ADOPTIVE] child, and sibling                             
17       [SIBLINGS] of an individual;                                                                                      
18    * Sec. 5. AS 16.43.140(a) is amended to read:                                                                      
19            (a)  A [AFTER JANUARY 1, 1974, A] person may not operate gear in the                                     
20       commercial taking of fishery resources without a valid entry permit or a valid interim-                           
21       use permit issued by the commission.                                                                              
22    * Sec. 6. AS 16.43.160(c) is amended to read:                                                                      
23            (c)  The [FOR AN ENTRY PERMIT OR AN INTERIM-USE PERMIT                                                   
24       ISSUED OR RENEWED FOR CALENDAR YEAR 2006 AND FOLLOWING                                                            
25       YEARS, THE] annual base fee for issuance or renewal of an entry permit or an                                      
26       interim-use permit may not be less than $30 or more than $3,000. The annual base fee                              
27       must reasonably reflect the different rates of economic return for different fisheries. In                        
28       addition to the annual base fee established by the commission under this subsection, a                            
29       nonresident shall pay an annual nonresident surcharge for the issuance or renewal of                              
30       one or more entry permits or interim-use permits. The commission shall establish the                              
31       annual nonresident surcharge by regulation at an amount that is as close as is                                    
01       practicable to the maximum allowed by law.                                                                        
02    * Sec. 7. AS 16.43.160(d) is amended to read:                                                                      
03            (d)  The [FOR AN ENTRY PERMIT OR AN INTERIM-USE PERMIT                                                   
04       ISSUED OR RENEWED FOR CALENDAR YEAR 2006 AND FOLLOWING                                                            
05       YEARS, THE] holder of a permit whose household income, assets, and financial                                      
06       resources fall within the eligibility standards for the food stamp program under 7                                
07       U.S.C. 2011 - 2025, as amended, is subject to an annual base fee for the issuance or                              
08       renewal of an entry permit or an interim-use permit that is equal to 50 percent of the                            
09       annual base fee that the permit holder would otherwise pay under (c) of this section. In                          
10       addition to the reduced annual base fee under this subsection, a nonresident who                                  
11       qualifies for a reduced fee under this subsection shall pay the annual nonresident                                
12       surcharge established under (c) of this section.                                                                  
13    * Sec. 8. AS 18.60.180 is amended to read:                                                                         
14            Sec. 18.60.180. Regulations. The Department of Labor and Workforce                                         
15       Development shall formulate definitions and regulations for the safe and proper                                   
16       construction, installation, repair, use, and operation of boilers and for the safe and                            
17       proper construction, installation, and repair of unfired pressure vessels. The definitions                        
18       and regulations must be based upon and shall follow the generally accepted                                        
19       nationwide engineering standards, formulae, and practices established for boiler and                              
20       unfired pressure vessel construction and safety. The Department of Labor and                                      
21       Workforce Development may adopt the existing published codification of these                                      
22       definitions and regulations, known as the American Society of Mechanical                                      
23       Engineers Boiler and Pressure Vessel Code [BOILER CONSTRUCTION CODE                                           
24       OF THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS], and may adopt                                                   
25       the amendments and interpretations made and published by that society. The                                        
26       Department of Labor and Workforce Development shall adopt amendments and                                          
27       interpretations to the code immediately upon their adoption by the American Society                               
28       of Mechanical Engineers so that the definitions and regulations at all times follow                               
29       generally accepted nationwide engineering standards.                                                              
30    * Sec. 9. AS 18.60.210(a) is amended to read:                                                                      
31            (a)  AS 18.60.180 - 18.60.390 do not apply to the following:                                                 
01                 (1)  boilers and unfired pressure vessels under federal regulation;                                     
02                 (2)  unfired pressure vessels meeting the requirements of the federal                                   
03       Department of Transportation for shipment of liquids or gases under pressure;                                     
04                 (3)  air tanks located on vehicles operating under the regulations of                                   
05       another state authority and used for carrying passengers or freight;                                              
06                 (4)  air tanks installed on the right-of-way of railroads and used directly                             
07       in the operation of trains;                                                                                       
08                 (5)  unfired pressure vessels having a volume of five cubic feet or less                                
09       or vessels having an inside diameter not exceeding six inches;                                                    
10                 (6)  unfired pressure vessels designed for a pressure not exceeding 15                                  
11       pounds per square inch when not located in a place of public assembly;                                            
12                 (7)  manually fired miniature boilers for model locomotive, boat,                                       
13       tractor, or stationary engines constructed or maintained as a hobby for exhibition use,                           
14       having a volume less than five cubic feet and grate area less than two square feet and                            
15       equipped with an American Society of Mechanical Engineers coded safety valve of                                   
16       adequate capacity and size, a water level indicator, and pressure gauge;                                          
17                 (8)  except as provided in (c) of this section, antique manually fired                                  
18       boilers of locomotive, boat, tractor, or stationary engines constructed or maintained as                          
19       a hobby and equipped with an American Society of Mechanical Engineers coded                                       
20       safety valve of adequate capacity and size;                                                                       
21                 (9)  automatic utility hot water heaters that are used for space heating                                
22       using the potable system, if the hot water heater                                                                 
23                      (A)  is equipped with a safety relief valve and operational                                        
24            controls required by the latest American Society of Mechanical Engineers                                 
25            Boiler and Pressure Vessel Code [BOILER CONSTRUCTION CODE]                                               
26            published by the American Society of Mechanical Engineers that has been                                      
27            adopted by the Department of Labor and Workforce Development under                                           
28            AS 18.60.180;                                                                                                
29                      (B)  contains only water;                                                                          
30                      (C)  does not exceed 120 gallons in capacity, a water                                              
31            temperature of 210 degrees Fahrenheit, a pressure of 150 pounds of square                                    
01            inch gauge pressure, or a heat input of more than 200,000 BTU an hour; and                                   
02                      (D)  contains a tempering valve that will regulate the outlet                                      
03            domestic water temperature at not more than 140 degrees Fahrenheit.                                          
04    * Sec. 10. AS 18.80.300(1) is amended to read:                                                                     
05                 (1)  "blockbusting" means an unlawful discriminatory practice by a real                             
06       estate broker [BROKERS], real estate salesperson [SALESMEN], or employee or                           
07       agent [EMPLOYEES OR AGENTS] of a broker or another individual, corporation,                                   
08       partnership, or organization for the purpose of inducing a real estate transaction from                           
09       which any such person or its stockholders or members may benefit financially, to                                  
10       represent directly or indirectly that a change has occurred or will or may occur from a                           
11       composition with respect to race, religion, color, or national origin of the owners or                            
12       occupants of the block, neighborhood, or area in which the real property is located,                              
13       and to represent directly or indirectly that this change may or will result in undesirable                        
14       consequences in the block, neighborhood, or area in which the real property is located,                           
15       including [BUT NOT LIMITED TO] the lowering of property values, an increase in                                    
16       criminal or antisocial behavior, or decline in the quality of the schools or other                                
17       facilities;                                                                                                       
18    * Sec. 11. AS 21.54.151 is amended to read:                                                                        
19            Sec. 21.54.151. Mental health or substance use disorder benefits. A health                                 
20       care insurer that offers a health care insurance plan in the group market shall comply                            
21       with the mental health or substance use disorder benefit requirements established                                 
22       under 42 U.S.C. 300gg-26 [42 U.S.C. 300gg-5].                                                                 
23    * Sec. 12. AS 24.60.080(c) is amended to read:                                                                     
24            (c)  Notwithstanding (a)(1) of this section, it is not a violation of this section                           
25       for a person who is a legislator or legislative employee to accept                                                
26                 (1)  hospitality, other than hospitality described in (4) of this                                       
27       subsection,                                                                                                       
28                      (A)  with incidental transportation at the residence of a person;                                  
29            however, a vacation home located outside the state is not considered a                                       
30            residence for the purposes of this subparagraph; or                                                          
31                      (B)  at a social event or meal;                                                                    
01                 (2)  discounts that are available                                                                       
02                      (A)  generally to the public or to a large class of persons to                                     
03            which the person belongs; or                                                                                 
04                      (B)  when on official state business, but only if receipt of the                                   
05            discount benefits the state;                                                                                 
06                 (3)  food or foodstuffs indigenous to the state that are shared generally                               
07       as a cultural or social norm;                                                                                     
08                 (4)  travel and hospitality primarily for the purpose of obtaining                                      
09       information on matters of legislative concern;                                                                    
10                 (5)  gifts from the immediate family of the person; in this paragraph,                                  
11       "immediate family" means                                                                                          
12                      (A)  the spouse of the person;                                                                     
13                      (B)  the person's domestic partner;                                                                
14                      (C)  a child, including a stepchild and an adopted                                             
15            [ADOPTIVE] child, of the person or of the person's domestic partner;                                         
16                      (D)  a parent, sibling, grandparent, aunt, or uncle of the person;                                 
17                      (E)  a parent, sibling, grandparent, aunt, or uncle of the person's                                
18            spouse or the person's domestic partner; and                                                                 
19                      (F)  a stepparent, stepsister, stepbrother, step-grandparent, step-                                
20            aunt, or step-uncle of the person, the person's spouse, or the person's domestic                             
21            partner;                                                                                                     
22                 (6)  gifts that are not connected with the recipient's legislative status;                              
23                 (7)  a discount for all or part of a legislative session, including time                                
24       immediately preceding or following the session, or other gift to welcome a legislator                             
25       or legislative employee who is employed on the personal staff of a legislator or by a                             
26       standing or special committee to the capital city or in recognition of the beginning of a                         
27       legislative session if the gift or discount is available generally to all legislators and the                     
28       personal staff of legislators and staff of standing and special committees; this                                  
29       paragraph does not apply to legislative employees who are employed by the                                         
30       Legislative Affairs Agency, the office of the chief clerk, the office of the senate                               
31       secretary, the legislative budget and audit committee, the office of victims' rights, or                          
01       the office of the ombudsman;                                                                                      
02                 (8)  a gift of legal services in a matter of legislative concern and a gift                             
03       of other services related to the provision of legal services in a matter of legislative                           
04       concern;                                                                                                          
05                 (9)  a gift of transportation from a legislator or a legislative employee to                            
06       a legislator or a legislative employee if the transportation takes place in the state on or                       
07       in an aircraft, boat, motor vehicle, or other means of transport owned or under the                               
08       control of the donor; this paragraph does not apply to travel described in (4) of this                            
09       subsection or travel for political campaign purposes; or                                                          
10                 (10)  a contribution to a charity event, a ticket to a charity event, or a                              
11       gift in connection with a charity event; in this paragraph, "charity event" has the                               
12       meaning given in (a)(2)(B) of this section.                                                                       
13    * Sec. 13. AS 24.60.990(a)(6) is amended to read:                                                                  
14                 (6)  "immediate family" means                                                                           
15                      (A)  the spouse or domestic partner of the person; or                                              
16                      (B)  a parent, child, including a stepchild and an adopted                                     
17            [ADOPTIVE] child, and sibling of a person if the parent, child, or sibling                                   
18            resides with the person, is financially dependent on the person, or shares a                                 
19            substantial financial interest with the person;                                                              
20    * Sec. 14. AS 31.05.030(e) is amended to read:                                                                     
21            (e)  The commission may regulate                                                                             
22                 (1)  for conservation purposes and, to the extent not in conflict with                                  
23       regulation by the Department of Labor and Workforce Development or the                                            
24       Department of Environmental Conservation, for public health and safety purposes,                                  
25                      (A)  the drilling, producing, and plugging of wells;                                               
26                      (B)  the perforating, fracture stimulation [SIMULATION], and                                   
27            chemical treatment of wells;                                                                                 
28                      (C)  the spacing of wells;                                                                         
29                      (D)  the disposal of salt water, nonpotable water, and oil field                                   
30            wastes;                                                                                                      
31                      (E)  the contamination or waste of underground water;                                              
01                      (F)  the quantity and rate of the production of oil and gas from a                                 
02            well or property; this authority shall also apply to a well or property in a                                 
03            voluntary cooperative or unit plan of development or operation entered into in                               
04            accordance with AS 38.05.180(p);                                                                             
05                      (G)  the underground injection of gas for purposes of storage;                                     
06                 (2)  the disposal of drilling mud, cuttings, and nonhazardous drilling                                  
07       operation wastes in the annular space of a well for which a permit to drill has been                              
08       issued by the commission; in this paragraph, a "nonhazardous drilling operation                                   
09       waste" means a waste, other than a hazardous waste identified by the Environmental                                
10       Protection Agency in 40 C.F.R., Part 261, its regulation identifying and listing                                  
11       hazardous wastes, associated with the act of drilling a well for exploratory or                                   
12       production purposes.                                                                                              
13    * Sec. 15. AS 35.05.060 is amended to read:                                                                        
14            Sec. 35.05.060. State assumption of nonfederal flood control project costs.                                
15       To the extent that funds are made available by the legislature, the state shall assume 90                         
16       percent of the nonfederal costs of planning, land acquisition, construction, and                                  
17       maintenance of flood control projects authorized within the state by the United States                            
18       [BEFORE OR AFTER JUNE 6, 1971], except that the state shall assume the full share                                 
19       of nonfederally funded costs with respect to those facilities that [WHICH] are                                
20       primarily state responsibilities, including [BUT NOT LIMITED TO] highways and                                     
21       roads, parks and recreation, and fish and game facilities. The state shall participate in                         
22       federal flood control projects under this section only as to those projects authorized                            
23       and approved by the department.                                                                                   
24    * Sec. 16. AS 36.10.080 is amended to read:                                                                        
25            Sec. 36.10.080. Chapter incorporated in contracts. The provisions of this                                  
26       chapter are considered to be a part of every public works contract [LET AFTER                                     
27       APRIL 24, 1960].                                                                                                  
28    * Sec. 17. AS 38.05.321(f) is amended to read:                                                                     
29            (f)  Notwithstanding (e) of this section, the landowner is not required to pay an                            
30       amount due under (e) of this section until the subdivided parcel is conveyed by the                               
31       owner to a person not a member of the person's immediate family. The department has                               
01       a lien on the parcel as security for payment of the amount due. For purposes of this                              
02       subsection, "immediate family" means                                                                              
03                 (1)  the spouse of the person; or                                                                       
04                 (2)  a parent, child, including a stepchild and an adopted [ADOPTIVE]                               
05       child, or sibling of the person if the parent, child, or sibling resides with the person, is                      
06       financially dependent on the person, or shares a substantial financial interest with the                          
07       person.                                                                                                           
08    * Sec. 18. AS 39.50.200(a)(2) is amended to read:                                                                  
09                 (2)  "child" includes a biological child, an adopted [ADOPTIVE]                                     
10       child, and a stepchild;                                                                                           
11    * Sec. 19. AS 39.52.960(6) is amended to read:                                                                     
12                 (6)  "child" includes a biological child, an adopted [ADOPTIVE]                                     
13       child, and a stepchild;                                                                                           
14    * Sec. 20. AS 39.52.960(11) is amended to read:                                                                    
15                 (11)  "immediate family member" means                                                                   
16                      (A)  the spouse of the person;                                                                     
17                      (B)  another person cohabiting with the person in a conjugal                                       
18            relationship that is not a legal marriage;                                                                   
19                      (C)  a child, including a stepchild and an adopted                                             
20            [ADOPTIVE] child, of the person;                                                                             
21                      (D)  a parent, sibling, grandparent, aunt, or uncle of the person;                                 
22            and                                                                                                          
23                      (E)  a parent or sibling of the person's spouse;                                                   
24    * Sec. 21. AS 43.60.010(c) is amended to read:                                                                     
25            (c)  A brewer shall pay a tax at the rate of 35 cents a gallon on sales of the first                         
26       60,000 barrels of beer sold in the state each fiscal year beginning July 1, 2001, for beer                        
27       produced in the United States if the producing brewery meets the qualifications of 26                             
28       U.S.C. 5051(a)(2). To qualify for the tax rate under this subsection, the brewer must                             
29       file with the department a copy of an Alcohol and Tobacco Tax and Trade Bureau                                
30       [A BUREAU OF ALCOHOL, TOBACCO AND FIREARMS] acknowledged copy of                                                  
31       the brewer's notice of intent to pay reduced rate of tax required under 27 C.F.R.                                 
01       25.167 for the calendar year in which the fiscal year begins for which the partial                                
02       exemption is sought. If proof of eligibility is not received by the department before                             
03       June 1, the tax rate under this subsection does not apply until the first day of the                              
04       second month after the month the notice is received by the department. For purposes                               
05       of applying this subsection, a barrel of beer may contain not [NO] more than 31                               
06       gallons.                                                                                                          
07    * Sec. 22. AS 15.56.019 and AS 16.43.228(e) are repealed.                                                          
08    * Sec. 23. This Act takes effect immediately under AS 01.10.070(c).                                                
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