SB 71 — An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes.

0805 (2) delivering or transferring marijuana or marijuana products to a 0906 marijuana testing facility;

1007 (3) receiving marijuana or marijuana products from a marijuana testing 1108 facility;

1209 (4) purchasing marijuana from a marijuana cultivation facility;

1310 (5) purchasing marijuana or marijuana products from a marijuana 1411 product manufacturing facility;

and 1512 (6) delivering, distributing, or selling marijuana or marijuana products 1613 to consumers.

1714 * Sec.

60.59.

1815 (b) Notwithstanding any other provision of law, the following acts, when 1916 performed by a marijuana cultivation facility with a current, valid registration, or a 2017 person 21 years of age or older who is acting in the person's capacity as an owner, 2118 employee, or agent of a marijuana cultivation facility, are lawful and are [SHALL] not 2219 [BE] an offense under state [ALASKA] law or [BE] a basis for seizure or forfeiture of 2320 assets under state [ALASKA] law:

2421 (1) cultivating, manufacturing, harvesting, processing, packaging, 2522 transporting, displaying, storing, or possessing marijuana;

2623 (2) delivering or transferring marijuana to a marijuana testing facility;

2724 (3) receiving marijuana from a marijuana testing facility;

2825 (4) delivering, distributing, or selling marijuana to a marijuana 2926 cultivation facility, a marijuana product manufacturing facility, or a retail marijuana 3027 store;

3128 (5) receiving or purchasing marijuana from a marijuana cultivation 29 facility;

and 0230 (6) receiving marijuana seeds or immature marijuana plants from a 0331 person 21 years of age or older.

04 * Sec.

61.60.

0502 (c) Notwithstanding any other provision of law, the following acts, when 0603 performed by a marijuana product manufacturing facility with a current, valid 0704 registration, or a person 21 years of age or older who is acting in the person's capacity 0805 as an owner, employee, or agent of a marijuana product manufacturing facility, are 0906 lawful and are [SHALL] not [BE] an offense under state [ALASKA] law or [BE] a 1007 basis for seizure or forfeiture of assets under state [ALASKA] law:

1108 (1) packaging, processing, transporting, manufacturing, displaying, or 1209 possessing marijuana or marijuana products;

1310 (2) delivering or transferring marijuana or marijuana products to a 1411 marijuana testing facility;

1512 (3) receiving marijuana or marijuana products from a marijuana testing 1613 facility;

1714 (4) delivering or selling marijuana or marijuana products to a retail 1815 marijuana store or a marijuana product manufacturing facility;

1916 (5) purchasing marijuana from a marijuana cultivation facility;

and 2017 (6) purchasing [OF] marijuana or marijuana products from a marijuana 2118 product manufacturing facility.

2219 * Sec.

62.61.

2320 (d) Notwithstanding any other provision of law, the following acts, when 2421 performed by a marijuana testing facility with a current, valid registration, or a person 2522 21 years of age or older who is acting in the person's capacity as an owner, employee, 2623 or agent of a marijuana testing facility, are lawful and are [SHALL] not [BE] an 2724 offense under state [ALASKA] law or [BE] a basis for seizure or forfeiture of assets 2825 under state [ALASKA] law:

2926 (1) possessing, cultivating, processing, repackaging, storing, 3027 transporting, displaying, transferring, or delivering marijuana;

3128 (2) receiving marijuana or marijuana products from a marijuana 29 cultivation facility, a marijuana retail store, a marijuana products manufacturer, or a 0230 person 21 years of age or older;

and 0331 (3) returning marijuana or marijuana products to a marijuana 04 cultivation facility, a marijuana retail store, a marijuana products manufacturer, or a 0502 person 21 years of age or older.

0603 * Sec.

63.62.

0704 (e) Notwithstanding any other provision of law, it is lawful and is [SHALL] 0805 not [BE] an offense under state [ALASKA] law or [BE] a basis for seizure or 0906 forfeiture of assets under state [ALASKA] law to lease or otherwise allow the use of 1007 property owned, occupied, or controlled by any person, corporation, or other entity for 1108 any of the activities conducted lawfully in accordance with (a) - (d) of this section.

1209 * Sec.

64.63.

1310 Sec.

(a) The [NOT LATER THAN NINE MONTHS 1411 AFTER FEBRUARY 24, 2015, THE] board shall adopt regulations necessary for 1512 implementation of this chapter.

Regulations under this subsection may [SUCH 1613 REGULATIONS SHALL] not prohibit the operation of marijuana establishments, 1714 either expressly or through regulations that make their operation unreasonably 1815 impracticable.

The regulations must [SUCH REGULATIONS SHALL] include 1916 (1) procedures for the issuance, renewal, suspension, and revocation of 2017 a registration to operate a marijuana establishment;

[, WITH SUCH] procedures 2118 under this paragraph are subject to all requirements of AS 44.62 (Administrative 2219 Procedure Act);

2320 (2) a schedule of application, registration, and renewal fees;

[, 2421 PROVIDED,] application fees may [SHALL] not exceed $5,000, with this upper limit 2522 adjusted annually for inflation, unless the board determines a greater fee is necessary 2623 to carry out its responsibilities under this chapter;

2724 (3) qualifications for registration that are directly and demonstrably 2825 related to the operation of a marijuana establishment;

2926 (4) security requirements for marijuana establishments, including for 3027 the transportation of marijuana by marijuana establishments;

3128 (5) requirements to prevent the sale or diversion of marijuana and 29 marijuana products to persons under the age of 21;

0230 (6) labeling requirements for marijuana and marijuana products sold or 0331 distributed by a marijuana establishment;

04 (7) health and safety regulations and standards for the manufacture of 0502 marijuana products and the cultivation of marijuana;

0603 (8) reasonable restrictions on the advertising and display of marijuana 0704 and marijuana products;

and 0805 (9) civil penalties for the failure to comply with regulations made 0906 under [PURSUANT TO] this chapter.

1007 (b) In order to ensure that individual privacy is protected, the board may 1108 [SHALL] not require a consumer to provide a retail marijuana store with personal 1209 information other than government-issued identification to determine the consumer's 1310 age, and a retail marijuana store may [SHALL] not be required to acquire and record 1411 personal information about consumers.

1512 * Sec.

65.64.

1613 (d) A local government may establish procedures for the issuance, suspension, 1714 and revocation of a registration issued by the local government in accordance with (f) 1815 of this section.

THESE] procedures are [SHALL 1916 BE] subject to all requirements of AS 44.62 (Administrative Procedure Act).

2017 * Sec.

66.65.

2118 (e) A local government may establish a schedule of annual operating, 2219 registration, and application fees for marijuana establishments, provided that the local 2320 government may charge [,] the 2421 (1) application fee [SHALL] only [BE DUE] if an application is 2522 submitted to the [A] local government in accordance with (f) of this section;

and 2623 (2) [A] registration fee [SHALL] only [BE DUE] if a registration is 2724 issued by the [A] local government in accordance with (f) of this section [OR (g) OF 2825 THIS SECTION].

2926 * Sec.

67.66.

3027 (i) A registration issued by a local government in accordance with (f) [OF 3128 THIS SECTION OR (g)] of this section has [SHALL HAVE] the same force and 29 effect as a registration issued by the board in accordance with AS 17.38.200.

The 0230 holder of a [SUCH] registration described in this subsection is [SHALL] not [BE] 0331 subject to regulation or enforcement by the board during the term of the [THAT] 04 registration.

0502 * Sec.

68.67.

0603 (a) Nothing in this chapter is intended to require an employer to permit or 0704 accommodate the use, consumption [CONSUMPTIONS], possession, transfer, 0805 display, transportation, sale, or growing of marijuana in the workplace or to affect the 0906 ability of employers to have policies restricting the use of marijuana by employees.

1007 * Sec.

69.68.

1108 (a) The statement to be filed with the director under AS 21.22.010 shall be 1209 made under oath or affirmation and must contain the following information:

1310 (1) the name and address of each person by whom or on whose behalf 1411 the merger or other acquisition of control referred to in AS 21.22.010 is to be effected, 1512 who will be called the "acquiring party," [",] as follows:

1613 (A) if the person is an individual, the principal occupation of 1714 the person and all offices and positions held during the past five years, and all 1815 felony convictions and misdemeanor convictions involving moral turpitude 1916 during the past 10 years;

2017 (B) if the person is not an individual, 2118 (i) a report of the nature of its business operations 2219 during the past five years or for whatever lesser period the person and 2320 any of its predecessors have been in existence;

2421 (ii) an informative description of the business intended 2522 to be done by the person and the person's subsidiaries;

and 2623 (iii) a list of all individuals who are or who have been 2724 selected to become directors or executive officers of the person, or who 2825 perform or will perform functions appropriate to those positions;

the 2926 list shall include for each [SUCH] individual under this sub- 3027 subparagraph the information required by (A) of this paragraph;

3128 (2) a description of the consideration used or to be used in effecting the 29 merger or other acquisition of control, including 0230 (A) the source, nature, and amount;

0331 (B) a description of any transaction in which funds were or are 04 to be obtained for a [ANY SUCH] purpose under this paragraph;

and 0502 (C) the identity of persons furnishing the consideration;

0603 however, if a source of the consideration is a loan made in the lender's ordinary 0704 course of business, the director shall keep the identity of the lender 0805 confidential, if the person filing the statement so requests;

0906 (3) fully audited financial information as to the earnings and financial 1007 condition of each acquiring party for the preceding five fiscal years or for whatever 1108 lesser period that an acquiring party and any predecessors of the [THAT] acquiring 1209 party have been in existence, and similar unaudited information as of a date not earlier 1310 than 90 days before the filing of the statement;

1411 (4) any plans or proposals that each acquiring party may have to 1512 (A) liquidate the insurer;

1613 (B) sell its assets or merge or consolidate it with any person;

or 1714 (C) make any other material change in its business or corporate 1815 structure or management;

1916 (5) the number of shares of any security referred to in AS 21.22.010 2017 that each acquiring party proposes to acquire, [AND] the terms of the offer, request, 2118 invitation, agreement, or acquisition referred to in this chapter, and a statement as to 2219 the method by which the fairness of the proposal was determined;

2320 (6) the amount of each class of any security referred to in 2421 AS 21.22.010 that is beneficially owned or concerning which there is a right to acquire 2522 beneficial ownership by each acquiring party;

2623 (7) a full description of any contracts, arrangements, or understandings 2724 with respect to any security referred to in AS 21.22.010 in which an acquiring party is 2825 involved, including [BUT NOT LIMITED TO] transfer of any of the securities, joint 2926 ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees 3027 against loss or guarantees of profits, division of losses or profits, or the giving or 3128 withholding of proxies;

this description must identify the persons with whom the 29 [THOSE] contracts, arrangements, or understandings have been entered into;

0230 (8) a description of the purchase of any security referred to in 0331 AS 21.22.010 during the 12 calendar months preceding the filing of the statement [,] 04 by an [ANY] acquiring party, including the dates of purchase, the names of the 0502 purchasers, and consideration paid or agreed to be paid;

0603 (9) a description of any recommendations to purchase a security 0704 referred to in AS 21.22.010 made during the 12 calendar months preceding the filing 0805 of the statement [,] by an acquiring party [,] or by anyone based on [UPON] 0906 interviews or at the suggestion of the acquiring party;

1007 (10) copies of all tender offers for, requests or invitations for tenders of 1108 exchange offers for, and agreements to acquire or exchange any securities referred to 1209 in AS 21.22.010 [,] and, if distributed, of additional soliciting material;

1310 (11) the terms of any agreement, contract, or understanding made with 1411 a broker-dealer as to solicitation of securities referred to in AS 21.22.010 for tender [,] 1512 and the amount of any fees, commissions, or other compensation to be paid to a 1613 broker-dealer;

1714 (12) any additional information as the director may by order or 1815 regulation prescribe as necessary or appropriate for the protection of policyholders and 1916 security holders [SECURITY HOLDERS] of the insurer or in the public interest.

2017 * Sec.

70.69.

2118 (16) "health care insurer" means a person transacting the business of 2219 health care insurance, including an insurance company licensed under AS 21.09, a 2320 hospital or medical service corporation licensed under AS 21.87, a fraternal benefit 2421 society licensed under AS 21.84, a health maintenance organization licensed under 2522 AS 21.86, a multiple employer welfare arrangement, a church plan, and a 2623 governmental plan, except for a nonfederal governmental plan that elects to be 2724 excluded under 42 U.S.C.

300gg-21(b)(2)] (Health 2825 Insurance Portability and Accountability Act [OF 1996]);

2926 * Sec.

71.70.

3027 (2) "automobile service corporation services" means any professional 3128 service, technical service, replacement of goods that the corporation may become 29 obligated to provide upon a contingent event or a certain event that may occur at an 0230 uncertain time and for which a specified single or periodic prepayment is charged or 0331 collected, including [, BUT NOT LIMITED TO] (A) emergency road service;

(B) 04 reimbursement of legal fees for representation on traffic offenses;

and (C) providing 0502 bail bonds for traffic offenses;

an automobile service corporation may provide other 0603 services or benefits that do not fall within the definition of [AN] automobile service 0704 corporation services;

0805 * Sec.

72.71.

0906 Sec.

A title insurance company may 1007 (1) do business as defined in AS 21.66.480;

1108 (2) do any act, directly or through a title insurance limited producer, 1209 incidental to making a contract or policy of title insurance, including [, BUT NOT 1310 LIMITED TO,] conducting or holding an escrow, settlement, or closing of a 1411 transaction;

and [,] 1512 (3) provide other services relative or incidental to the sale and transfer 1613 of real or personal property.

1714 * Sec.

73.72.

1815 (b) An insured named in a title insurance policy or any other person directly or 1916 indirectly connected with the transaction involving the issuance of a title insurance 2017 policy, including [, BUT NOT LIMITED TO] a mortgage lender, real estate broker, 2118 builder, or attorney, or an officer, employee, agent, representative, or solicitor of a 2219 mortgage lender, real estate broker, builder, attorney, or other person, may not 2320 knowingly receive or accept, directly or indirectly, a rebate, reduction, or abatement of 2421 a charge or premium or a special favor or advantage, or a monetary consideration or 2522 inducement.

2623 * Sec.

74.73.

2724 (a) Unless the court directs otherwise, the receiver shall give or cause to be 2825 given notice of the liquidation order as soon as possible after the date of the entry of 2926 the order of liquidation 3027 (1) by first class mail and [EITHER BY TELEGRAM OR] telephone, 3128 to the insurance director, commissioner, or superintendent of each jurisdiction in 29 which the insurer is doing business;

0230 (2) by first class mail to a guaranty association or a foreign guaranty 0331 association that is or that might become obligated as a result of the liquidation;

04 (3) by first class mail to all insurance agents of the insurer;

0502 (4) by first class mail to all persons known or reasonably expected to 0603 have claims against the insurer, including all policyholders, at the person's last known 0704 address as indicated by the records of the insurer;

and 0805 (5) by publication in a newspaper of general circulation in the locale in 0906 which the insurer has its principal place of business and in other locations that the 1007 receiver considers appropriate.

08 * Sec.

74.

AS 21.78.330(12) is amended to read:

09 (12) "state" means a state of the United States, [AND] the District of 10 Columbia, and the Commonwealth of Puerto Rico.

AS 21.78.330(12) is amended to read:

12 (12) "state" means a state of the United States, [AND] the District of 13 Columbia, and the Commonwealth of Puerto Rico.

14 * Sec.

76.

1512 (a) The provisions of AS 23.10.050 - 23.10.150 do not apply to 1613 (1) an individual employed in agriculture, which includes farming in 1714 all its branches and, among other things, includes the cultivation and tillage of the soil, 1815 dairying, the production, cultivation, growing, and harvesting of any agricultural or 1916 horticultural commodities, the raising of livestock, bees, fur-bearing animals, or 2017 poultry, and any practices, including forestry and lumbering operations, performed by 2118 a farmer or on a farm as an incident to or in conjunction with the farming operations, 2219 including preparation for market, or delivery to storage or to market or to carriers for 2320 transportation to market;

2421 (2) an individual employed in the catching, trapping, cultivating, [OR] 2522 farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of 2623 animal and vegetable life;

2724 (3) an individual employed in the handpicking [HAND PICKING] of 2825 shrimp;

2926 (4) an individual employed in domestic service, including a babysitter 3027 [BABY-SITTER], in or about a private home;

3128 (5) an individual employed by the United States or by the state or a 29 political subdivision of the state, except as provided in AS 23.10.065(b), including 0230 prisoners not on furlough detained or confined in prison facilities;

0331 (6) an individual engaged in the nonprofit activities of a nonprofit 04 religious, charitable, cemetery, or educational organization or other nonprofit 0502 organization where the employer-employee relationship does not, in fact, exist, and 0603 where services rendered to the organization are on a voluntary basis and are related 0704 only to the organization's nonprofit activities;

in [FOR PURPOSES OF] this 0805 paragraph, "nonprofit activities" means activities for which the nonprofit organization 0906 does not incur a liability for unrelated business income tax under 26 U.S.C.

513, as 1007 amended;

1108 (7) an employee engaged in the delivery of newspapers to the 1209 consumer;

1310 (8) an individual employed solely as a watchman or caretaker of a 1411 plant or property that is not in productive use for a period of four months or more;

1512 (9) an individual employed 1613 (A) in a bona fide executive, administrative, or professional 1714 capacity;

1815 (B) in the capacity of an outside salesman or a salesman who is 1916 employed on a straight commission basis;

or 2017 (C) as a computer systems analyst, computer programmer, 2118 software engineer, or other similarly skilled worker;

2219 (10) an individual employed in the search for placer or hard rock 2320 minerals;

2421 (11) an individual under 18 years of age employed on a part-time basis 2522 not more than 30 hours in a week;

2623 (12) employment by a nonprofit educational or child care facility to 2724 serve as a parent of children while the children are in residence at the facility if the 2825 employment requires residence at the facility and is compensated on a cash basis 2926 exclusive of room and board at an annual rate of not less than 3027 (A) $10,000 for an unmarried person;

or 3128 (B) $15,000 for a married couple;

29 (13) an individual who drives a taxicab, who is compensated for 0230 taxicab services exclusively by customers of the service, and whose written 0331 contractual arrangements with owners of taxicab vehicles, taxicab permits, or radio 04 dispatch services are based on [UPON] flat contractual rates and not based on a 0502 percentage share of the individual's receipts from customers, and whose written 0603 contract with owners of taxicab vehicles, taxicab permits, or radio dispatch services 0704 specifically provides that the contract places no restrictions on hours worked by the 0805 individual or on areas in which the individual may work except to comply with local 0906 ordinances;

1007 (14) a person who holds a license under AS 08.54 and who is 1108 employed by a registered guide-outfitter or master guide-outfitter licensed under 1209 AS 08.54, for the first 60 workdays in which the person is employed by the registered 1310 guide-outfitter or master guide-outfitter during a calendar year;

1411 (15) an individual engaged in activities for a nonprofit religious, 1512 charitable, civic, cemetery, recreational, or educational organization where the 1613 employer-employee relationship does not, in fact, exist, and where services are 1714 rendered to the organization under a work activity requirement of AS 47.27 (Alaska 1815 temporary assistance program);

1916 (16) an individual who 2017 (A) provides emergency medical services only on a voluntary 2118 basis;

2219 (B) serves with a full-time fire department only on a voluntary 2320 basis;

or 2421 (C) provides ski patrol services on a voluntary basis;

2522 (17) a student participating in a University of Alaska practicum 2623 described under AS 14.40.065;

2724 (18) an individual who is employed by a motor vehicle dealer and 2825 whose primary duty is to 2926 (A) receive, analyze, or reference requests for service, repair, 3027 or analysis of motor vehicles;

3128 (B) arrange financing for the sale of motor vehicles and related 29 products and services that are added or included as part of the sale;

or 0230 (C) solicit, sell, lease, or exchange motor vehicles.

0331 * Sec.

77.76.

04 (d) This section does not apply [WITH RESPECT] to 0502 (1) an employee employed by an employer employing fewer [LESS] 0603 than four employees in the regular course of business, as "regular course of business" 0704 is defined by regulations of the commissioner;

0805 (2) an employee employed in handling, packing, storing, pasteurizing, 0906 drying, preparing in their raw or natural state, or canning agricultural or horticultural 1007 commodities for market, or in making cheese or butter or other dairy products;

1108 (3) an employee of an employer engaged in small mining operations 1209 where not more than 12 employees are employed if the employee is employed not in 1310 excess of 12 hours a day or 56 hours a week during a period or periods of not more 1411 than 14 workweeks in the aggregate in a calendar year during the mining season, as 1512 the season is defined by the commissioner;

1613 (4) an employee engaged in agriculture;

1714 (5) an employee employed in connection with the publication of a 1815 weekly, semiweekly, or daily newspaper with a circulation of less than 1,000;

1916 (6) a switchboard operator employed in a public telephone exchange 2017 that has fewer than 750 stations;

2118 (7) an employee in an otherwise exempted employment or proprietor 2219 in a retail or service establishment engaged in handling [TELEGRAPHIC,] telephone 2320 [,] or radio messages for the public under an agency or contract arrangement with a 2421 [TELEGRAPH OR] communications company where the [TELEGRAPH MESSAGE 2522 OR] communications revenue of the agency does not exceed $500 a month;

2623 (8) an employee employed as a seaman;

2724 (9) an employee employed in planting or tending trees, cruising, or 2825 surveying, or bucking, or felling timber, or in preparing or transporting logs or other 2926 forestry products to the mill, processing plant, railroad, or other transportation 3027 terminal if the number of employees employed by the employer in the forestry or 3128 lumbering operations does not exceed 12;

29 (10) an individual employed as an outside buyer of poultry, eggs, 0230 cream, or milk in their raw or natural state;

0331 (11) casual employees as may be liberally defined by regulations of the 04 commissioner;

0502 (12) an employee of a hospital whose employment includes the 0603 provision of medical services;

0704 (13) work performed by an employee under a flexible work hour plan 0805 if the plan is included as part of a collective bargaining agreement;

0906 (14) work performed by an employee under a voluntary flexible work 1007 hour plan if 1108 (A) the employee and the employer have signed a written 1209 agreement and the written agreement has been filed with the department;

and 1310 (B) the department has issued a certificate approving the plan 1411 that states the work is for 40 hours a week and not more than 10 hours a day;

1512 for work over 40 hours a week or 10 hours a day under a flexible work hour 1613 plan not included as part of a collective bargaining agreement, compensation at 1714 the rate of one and one-half times the regular rate of pay shall be paid for the 1815 overtime;

1916 (15) an individual employed as a line haul truck driver for a trip that 2017 exceeds 100 road miles one way if the compensation system under which the truck 2118 driver is paid includes overtime pay for work in excess of 40 hours a week or for more 2219 than eight hours a day and the compensation system requires a rate of pay comparable 2320 to the rate of pay required by this section;

2421 (16) an individual employed as a community health aide by a local or 2522 regional health organization as those terms are defined in AS 18.28.100;

2623 (17) work performed by a mechanic primarily engaged in the servicing 2724 of automobiles, light trucks, and motor homes if the mechanic 2825 (A) is employed as a flat-rate mechanic by a nonmanufacturing 2926 establishment primarily engaged in the business of selling or servicing motor 3027 vehicles;

3128 (B) has signed a written agreement with the employer that 29 specifies the mechanic's flat hourly rate of pay and the automotive manual or 0230 manuals on which the flat rate is to be based;

0331 (C) is compensated for all hours worked in any capacity for 04 that employer up to and including eight hours a day and 40 hours a week at an 0502 hourly rate that is not less than the greater of 0603 (i) 75 percent of the flat hourly rate of pay agreed on 0704 [UPON] by the employer and employee under (B) of this paragraph;

or 0805 (ii) twice the state minimum wage;

and 0906 (D) is compensated for all hours worked in any capacity for 1007 that employer in excess of eight hours a day or 40 hours a week at one and 1108 one-half times the rate described in (C) of this paragraph;

1209 (18) work performed by an employee under a voluntary written 1310 agreement addressing the trading of work shifts among employees if 1411 (A) the employee is employed by an air carrier subject to 1512 subchapter II of the Railway Labor Act (45 U.S.C.

181-188), including 1613 employment as a customer service representative;

1714 (B) the trading agreement is not a flexible work hour plan 1815 entered into under (13) or (14) of this subsection;

1916 (C) the trading agreement is filed with the employee's 2017 employer;

and 2118 (D) the trading agreement states that the employee is not 2219 entitled to receive overtime for any hours worked by the employee when the 2320 employee voluntarily works those hours under a shift trading practice under 2421 which the employee has the opportunity, in the same or other work weeks, to 2522 reduce hours worked by voluntarily offering a shift for trade or reassignment;

2623 (19) work performed by a flight crew member employed by an air 2724 carrier subject to 45 U.S.C.

in this 2825 paragraph, "flight crew" means the pilot, co-pilot, flight engineer, and flight 2926 attendants.

3027 * Sec.

78.77.

3128 (a) The following persons are not covered by this chapter:

29 (1) a part-time babysitter [BABY-SITTER];

0230 (2) a cleaning person;

0331 (3) harvest help and similar part-time or transient help;

04 (4) a person employed as a sports official on a contractual basis and 0502 who officiates only at sports events in which the players are not compensated;

in this 0603 paragraph, "sports official" includes an umpire, referee, judge, scorekeeper, 0704 timekeeper, organizer, or other person who is a neutral participant in a sports event;

0805 (5) a person employed as an entertainer on a contractual basis;

0906 (6) a commercial fisherman, as defined in AS 16.05.940;

1007 (7) an individual who drives a taxicab and whose compensation and 1108 written contractual arrangement is as described in AS 23.10.055(a)(13), unless the 1209 hours worked by the individual or the areas in which the individual may work are 1310 restricted except to comply with local ordinances;

1411 (8) a participant in the Alaska temporary assistance program 1512 (AS 47.27) who is engaged in work activities required under AS 47.27.035 other than 1613 subsidized or unsubsidized work or on-the-job training;

1714 (9) a person employed as a player or coach by a professional hockey 1815 team if the person is covered under a health care insurance plan provided by the 1916 professional hockey team, the coverage is applicable to both work-related and 2017 nonwork-related injuries, and the coverage provides medical and related benefits as 2118 required under this chapter, except that coverage may not be limited to two years from 2219 the date of injury as described under AS 23.30.095(a);

in this paragraph, "health care 2320 insurance" has the meaning given in AS 21.12.050;

2421 (10) a person working as a qualified real estate licensee who performs 2522 services under a written contract that provides that the person will not be treated as an 2623 employee for federal income tax or workers' compensation purposes;

in this 2724 paragraph, "qualified real estate licensee" means a person who is required to be 2825 licensed under AS 08.88.161 and whose payment for services is directly related to 2926 sales or other output rather than the number of hours worked;

3027 (11) a transportation network company driver who provides a 3128 prearranged ride or is otherwise logged onto the digital network of a transportation 29 network company as a driver;

and 0230 (12) a person employed as an independent contractor;

a person is an 0331 independent contractor for the purposes of this section only if the person 04 (A) has an express contract to perform the services;

0502 (B) is free from direction and control over the means and 0603 manner of providing services, subject only to the right of the individual for 0704 whom, or entity for which, the services are provided to specify the desired 0805 results, completion schedule, or range of work hours, or to monitor the work 0906 for compliance with contract plans and specifications, or federal, state, or 1007 municipal law;

1108 (C) incurs most of the expenses for tools, labor, and other 1209 operational costs necessary to perform the services, except that materials and 1310 equipment may be supplied;

1411 (D) has an opportunity for profit and loss as a result of the 1512 services performed for the other individual or entity;

1613 (E) is free to hire and fire employees to help perform the 1714 services for the contracted work;

1815 (F) has all business, trade, or professional licenses required by 1916 federal, state, or municipal authorities for a business or individual engaging in 2017 the same type of services as the person;

2118 (G) follows federal Internal Revenue Service requirements by 2219 (i) obtaining an employer identification number, if 2320 required;

2421 (ii) filing business or self-employment tax returns for 2522 the previous tax year to report profit or income earned for the same 2623 type of services provided under the contract;

or 2724 (iii) intending to file business or self-employment tax 2825 returns for the current tax year to report profit or income earned for the 2926 same type of services provided under the contract if the person's 3027 business was not operating in the previous tax year;

and 3128 (H) meets at least two of the following criteria:

29 (i) the person is responsible for the satisfactory 0230 completion of services that the person has contracted to perform and is 0331 subject to liability for a failure to complete the contracted work, or 04 maintains liability insurance or other insurance policies necessary to 0502 protect the employees, financial interests, and customers of the person's 0603 business;

0704 (ii) the person maintains a business location or a 0805 business mailing address separate from the location of the individual 0906 for whom, or the entity for which, the services are performed;

1007 (iii) the person provides contracted services for two or 1108 more different customers within a 12-month period or engages in any 1209 kind of business advertising, solicitation, or other marketing efforts 1310 reasonably calculated to obtain new contracts to provide similar 1411 services.

1512 * Sec.

79.78.

1613 (a) If AS 25.25.613 does not apply, upon complaint or comparable pleading, a 1714 tribunal of this state may modify a child support order issued in another state that is 1815 registered in this state, if, after notice and an opportunity for hearing, the tribunal finds 1916 that 2017 (1) the following requirements are met:

2118 (A) neither the child, nor the obligee who is an individual, nor 2219 the obligor resides in the issuing state;

2320 (B) a petitioner who is not a resident of this state seeks 2421 modification;

and 2522 (C) the respondent is subject to the personal jurisdiction of the 2623 tribunal of this state;

or 2724 (2) this state is the residence of the child, or a party who is an 2825 individual is subject to the personal jurisdiction of the tribunal, and all of the parties 2926 who are individuals have filed consents in a record in the issuing tribunal providing 3027 that a tribunal of this state may modify the support order and assume continuing, 3128 exclusive jurisdiction.

29 * Sec.

80.79.

0230 (b) The director may not sell the land under this section at less than the 0331 [FAIR] appraised fair market value.

The director shall adopt regulations necessary to 04 ensure that land sold under this section is for bona fide residential use and not for 0502 speculation.

0603 * Sec.

81.80.

0704 (f) A lease may be extended once for a period up to two years [,] if the director 0805 determines the extension to be in the best interests of the state and the extension is 0906 necessary to prolong the lease while the department considers 1007 (1) a lessee preference application under AS 38.05.102;

1108 (2) an application to renew the lease under (e) of this section;

or 1209 (3) an application to issue a new lease on the same site that, because 1310 the new lease substantially changes the purpose or operation of an existing lease, 1411 requires a new finding and determination under AS 38.05.035(e) before the purpose or 1512 operation of a lease is changed.

1613 * Sec.

82.81.

1714 (d) For purposes of (c) of this section, the residence of a corporation or 1815 partnership is the place in which the principal executive office of the business is 1916 located.

2017 * Sec.

83.82.

2118 (e) In this section, "rerecording" includes recording of a lien previously filed.

2219 * Sec.

84.83.

2320 (a) Except as provided in (b) of this section, the names, addresses, or other 2421 personal identifying information of people who have used materials made available to 2522 the public by a library shall be kept confidential, except upon court order, and are not 2623 subject to inspection under AS 40.25.110 or 40.25.120.

This section applies to a 2724 library [LIBRARIES] operated by the state, a municipality, or a public school, 2825 including the University of Alaska.

2926 * Sec.

85.84.

3027 (a) The commission may investigate the management of a public utility, 3128 including [BUT NOT LIMITED TO] staffing patterns, wage and salary scales and 29 agreements, investment policies and practices, and purchasing and payment 0230 arrangements with affiliated interests, for the purpose of determining inefficient or 0331 unreasonable practices that adversely affect the cost or quality of service of the public 04 utility.

0502 * Sec.

86.85.

0603 (c) In a rate proceeding, the utility involved has the burden of proving that any 0704 written or unwritten contract or arrangement it may have with any of its affiliated 0805 interests for the furnishing of any services or for the purchase, sale, lease, or exchange 0906 of any property is necessary and consistent with the public interest and that the 1007 payment made therefor, or consideration given, is reasonably based, in part, on 1108 [UPON] the submission of satisfactory proof as to the cost to the affiliated interest of 1209 furnishing the service or property and, in part, on [UPON] the estimated cost the 1310 utility would have incurred if it furnished the service or property with its own 1411 personnel and capital.

1512 * Sec.

87.86.

1613 (c) After a hearing, the commission shall enter its findings of fact and final 1714 order.

The order must [WHICH SHALL] state when the penalties, if any, are 1815 payable.

1916 * Sec.

88.87.

2017 (a) Unless governed by AS 42.06.240(b), a certificate shall be issued to a 2118 [ANY] qualified applicant, authorizing the whole or any part of the operation, service, 2219 construction, extension, or acquisition covered by the application, if it is found that the 2320 applicant is able and willing properly to do the acts and to perform the service 2421 proposed and to conform to the provisions of this chapter and the requirements and 2522 regulations of the commission, and that the proposed service, operation, construction, 2623 extension, or acquisition, to the extent authorized by the certificate, is or will be 2724 required by the present or future public convenience and necessity;

otherwise the 2825 application shall be denied.

2926 * Sec.

89.88.

3027 (b) During construction of a pipeline, the commission, after investigation and 3128 opportunity for hearing and findings as required in (a) of this section, may order the 29 inclusion, within the pipeline at points that it designates, of special fittings including 0230 [BUT NOT LIMITED TO] tees, wyes, spools, reducers, enlargers, flanges, flange 0331 plates, valves, and valve boxes, to reduce the time and cost of future connections for 04 the injection and removal of gas and oil from the main pipeline, and to maintain and 0502 facilitate intrastate commerce.

A request for special fittings may be made by the 0603 commissioner of natural resources for the state.

A request for special fittings and 0704 valves may be made to the commission by a local government, person, company, or 0805 corporation.

The cost of furnishing and installing the special fittings shall be paid by 0906 the state.

However, if the special fittings are used by a person for a commercial 1007 enterprise or by a municipality for the operation of a utility, the commission shall 1108 require that the using person or municipality reimburse the state for the cost of 1209 furnishing and installing the special fittings.

1310 * Sec.

90.89.

1411 (b) The commission may reject the filing of all or part of a tariff that does not 1512 comply with the form or filing regulations of the commission or that is not consistent 1613 with this chapter or the regulations of the commission.

A tariff or provision [SO] 1714 rejected by the commission is void.

1815 * Sec.

91.90.

1916 Sec.

Cable 2017 [TELEGRAPH OR CABLE] lines owned or operated or controlled by persons not 2118 citizens of the United States, or by any foreign corporation or government, may not be 2219 established in or permitted to enter the state.

2320 * Sec.

92.91.

2421 Sec.

In AS 42.20.300 - 42.20.390, unless the context 2522 otherwise requires, 2623 (1) "communications common carrier" means a business or person 2724 engaged as a common carrier for hire in the transmission of communications by wire, 2825 cable, satellite, electromagnetic waves, or radio, not including radio broadcasting;

2926 (2) "contents" includes information obtained from a private 3027 communication concerning the existence, substance, purport, or meaning of the 3128 communication, or the identity of a party of the communication;

29 (3) "eavesdropping device" means a device or apparatus, including an 0230 induction coil, that can be used to intercept an oral, wire, or electronic communication, 0331 other than 04 (A) a hearing aid or similar device used for the restoration of 0502 subnormal hearing to not better than normal;

or 0603 (B) a telephone [OR TELEGRAPH] instrument, equipment, or 0704 facility, or any component of a telephone [SUCH AN] instrument, equipment, 0805 or facility 0906 (i) being used by a provider of wire or electronic 1007 communication service in the ordinary course of its business;

or 1108 (ii) furnished to a subscriber or user by a provider of 1209 wire or electronic communication service in the ordinary course of its 1310 business and being used by the subscriber or user in the ordinary course 1411 of its business;

1512 (4) "electronic communication" means any transfer of signs, signals, 1613 writing, images, sounds, data, or intelligence of any nature transmitted in whole or in 1714 part by a wire, radio, electromagnetic, photoelectronic or photo-optical system, 1815 including a cellular or cordless telephone communication, but does not include 1916 (A) wire or oral communications;

2017 (B) communications made through a tone-only paging device;

2118 (C) communications made through a tracking device consisting 2219 of an electronic or mechanical device that permits the tracking of the 2320 movement of a person or object;

or 2421 (D) communications that are disseminated by the sender with 2522 the intent or expectation, or through a method of transmission that is so 2623 configured, that the communication is readily accessible to the general public;

2724 (5) "electronic communication service" means a service that provides 2825 to users of the service the ability to send or receive wire or electronic communications;

2926 (6) "employee" includes a person who is an officer, agent, or employee 3027 of, or a person under contract with, a business or a government entity;

3128 (7) "intercept" means the aural or other acquisition of the contents of 29 an oral, wire, or electronic communication through the use of any electronic, 0230 mechanical, or other device, including the acquisition of the contents by simultaneous 0331 transmission or by recording;

04 (8) "minor" means a child under 18 years of age who has not had the 0502 disabilities of a minor removed as described in AS 09.55.590;

0603 (9) "oral communication" means human speech used to communicate 0704 information from one party to another;

0805 (10) "parent" means a natural person who is the minor's natural or 0906 adoptive parent, or who has been legally appointed as the minor's guardian, with 1007 parental rights that are not terminated by court order and who is not prohibited by 1108 court order from communicating with the minor, or a stepparent as defined in 1209 AS 25.23.240 who is not prohibited by court order from communicating with the 1310 minor;

1411 (11) "private communication" means an oral, wire, or electronic 1512 communication uttered or transmitted by a person who has a reasonable expectation 1613 that the communication is not subject to interception;

1714 (12) "wire communication" means human speech used to communicate 1815 information from one party to another in whole or in part through the use of facilities 1916 for the transmission of communications by wire, cable, or other similar connection 2017 between the point of origin and the point of reception furnished or operated by a 2118 telephone [, TELEGRAPH,] or radio company for hire as a communications common 2219 carrier, but does not include the radio portion of a cordless telephone communication 2320 that is transmitted between the cordless telephone handset and the base unit.

2421 * Sec.

93.92.

2522 Sec.

Every person installing, operating, or 2623 maintaining a public service plant for the purpose of supplying the city or the 2724 inhabitants of the city with telephone service, water, power, lighterage, wharfage, 2825 dockage, storage, heat, or light, or rendering other kindred public service shall keep 2926 correct books of account in permanent convenient form showing in detail the volume 3027 of business done, the character of the business done, the quantity and kind of service 3128 rendered, rates charged, and all expenses incurred in connection with the operation of 29 the enterprise, showing the items of expense in detail.

The books shall be open to 0230 inspection by the mayor and the city council and by an accredited agent, auditor, or 0331 representative appointed by the mayor and city council.

04 * Sec.

94.93.

0502 (a) During April of each year, each person engaged in furnishing a public 0603 service, except a rural electrification or telephone cooperative or nonprofit association 0704 receiving financial assistance from the federal government under 7 U.S.C.

901 - 918c 0805 (Rural Electrification Act) [THE RURAL ELECTRIFICATION ACT], shall file 0906 with the city council a written statement under oath, sworn to by the person having the 1007 management and control of the business or other person familiar with all the facts.

The 1108 statement must contain a detailed list of all property used in connection with the 1209 enterprise and give the valuation of each piece of property listed.

It must also contain a 1310 statement of the receipts and disbursements during the year, and the profits or losses.

1411 The statement of disbursements must show to whom each item was paid and what for.

1512 The statement shall be for the calendar year preceding and shall be for the use of the 1613 city council.

1714 * Sec.

95.94.

1815 (a) The costs used to calculate the amount of power cost equalization for all 1916 electric utilities eligible under AS 42.45.100 - 42.45.150 include all allowable costs, 2017 except return on equity, used by the commission [REGULATORY COMMISSION 2118 OF ALASKA] to determine the revenue requirement for electric utilities subject to 2219 rate regulation under AS 42.05.

The costs used in determining the power cost 2320 equalization per kilowatt-hour shall exclude any other type of assistance that reduces 2421 the customer's costs of power on a kilowatt-hour basis and that is provided to the 2522 electric utility within 60 days before the commission determines the power cost 2623 equalization per kilowatt-hour of the electric utility.

In calculating power cost 2724 equalization, the commission may not consider validated costs or kilowatt-hour sales 2825 associated with a United States Department of Defense facility.

2926 * Sec.

96.95.

3027 (4) "commission" means the Regulatory Commission of Alaska.

3128 * Sec.

97.96.

29 (a) Two or more public utilities that purchase power from a power project 0230 acquired or constructed as part of the former energy program for the state [ALASKA] 0331 and owned by the authority [ALASKA ENERGY AUTHORITY] under 04 AS 44.83.396 may form a joint action agency under AS 42.45.300 and under this 0502 section to purchase the power project from the authority [ALASKA ENERGY 0603 AUTHORITY] if the purchase and sale of the project has first been authorized by law.

0704 * Sec.

98.97.

0805 (c) The agency is a body corporate and politic and an instrumentality of the 0906 public utilities that form the agency, but has a separate and independent legal 1007 existence from the public utilities.

A debt, obligation, or liability of the agency does 1108 not constitute a debt, obligation, or liability of a public utility or the state.

A liability 1209 incurred by the agency shall be satisfied exclusively from the assets or revenue of the 1310 agency, and a creditor of the agency or any other person does not have any right of 1411 action or claim against a public utility or the state, because of a debt, obligation, or 1512 liability of the agency.

The agency has the powers of a public utility under AS 42.05 1613 and the immunities of a public utility.

In addition to the powers granted to the agency 1714 under AS 42.45.300 and this section, the agency has the power 1815 (1) to adopt bylaws of the agency;

1916 (2) to sue and be sued;

2017 (3) to carry out the authorized purposes of the agency;

2118 (4) subject to (e) of this section, to issue revenue bonds and other 2219 obligations that are not obligations of either the state or the public utilities that are 2320 parties to the agency agreement to provide financing to carry out the authorized 2421 purposes of the agency;

2522 (5) in addition to the powers of eminent domain in AS 42.05.631, to 2623 exercise the powers of eminent domain and a declaration of taking to acquire land or 2724 materials within the boundaries of the power project purchased by the agency from the 2825 authority [ALASKA ENERGY AUTHORITY] under the procedures set out in 2926 AS 09.55.240 - 09.55.460 to carry out the authorized purposes of a joint action 3027 agency;

and 3128 (6) to use facilities, projects, and related assets owned, leased, or 29 operated by the joint action agency as security in accordance with applicable law.

0230 * Sec.

99.98.

0331 (a) A producer or explorer may take a tax credit for a qualified capital 04 expenditure as follows:

0502 (1) notwithstanding that a qualified capital expenditure may be a 0603 deductible lease expenditure for purposes of calculating the production tax value of oil 0704 and gas under AS 43.55.160(a), unless a credit for that expenditure is taken under 0805 former AS 43.20.043 or AS 43.55.025, a producer or explorer that incurs a qualified 0906 capital expenditure may also elect to apply a tax credit against a tax levied by 1007 AS 43.55.011(e) in the amount of 10 percent of that expenditure;

1108 (2) a producer or explorer may take a credit for a qualified capital 1209 expenditure incurred in connection with geological or geophysical exploration or in 1310 connection with an exploration well only if the producer or explorer 1411 (A) agrees, in writing, to the applicable provisions of 1512 AS 43.55.025(f)(2);

and 1613 (B) submits to the Department of Natural Resources all data 1714 that would be required to be submitted under AS 43.55.025(f)(2);

1815 (3) a credit for a qualified capital expenditure incurred to explore for, 1916 develop, or produce oil or gas deposits located 2017 (A) north of 68 degrees North latitude may be taken only if the 2118 expenditure is incurred before January 1, 2014;

2219 (B) in the Cook Inlet sedimentary basin may be taken only if 2320 the expenditure is incurred before January 1, 2018.

2421 * Sec.

100.99.

2522 Sec.

A radio station used for the 2623 purposes set out in AS 44.99.002 shall 2724 (1) be licensed by the appropriate agency of the federal government to 2825 operate a broadcasting station of not less than 250 watt capacity in the state;

2926 (2) have operated radio broadcasting continuously for a least one year 3027 before the date of its employment by the governor and during this period have 3128 broadcast daily radio programs totaling at least 75 hours in each month;

29 (3) have broadcast programs that have been received by the public 0230 over long wave radio receivers over a radius of at least 300 miles from the 0331 broadcasting station, and on demand shall furnish letters [OR TELEGRAMS] from the 04 radio audience confirming reception within the required area;

0502 (4) have invested at least $20,000 in real estate, buildings, transmitters, 0603 power equipment, antenna, radio masts, musical instruments, office equipment and 0704 other property, used or useful in the operation of the radio station exclusively.

0805 * Sec.

101.100.

0906 (5) "solicit" means to request, directly or indirectly, and includes 1007 (A) an oral or written request;

1108 (B) a request made by an announcement to the news media or 1209 by radio, television, telephone, facsimile [TELEGRAPH, TELEFAX] 1310 machine, or other transmission of images or information;

1411 (C) a request made in a handbill or other written advertisement 1512 that is distributed or posted;

1613 (D) the sale of, or attempt to sell, a membership, an 1714 advertisement, advertising space, or a tangible item by making a request for 1815 financial support for a charitable organization or purpose, by using or referring 1916 to the name of a charitable organization as a reason for making the request, or 2017 by making a statement that all or part of the sale proceeds will be used for a 2118 charitable purpose or benefit a charitable organization;

2219 * Sec.

102.101.

2320 Sec.

AS 14.07.180(e), 14.07.180(f), 14.07.180(g), 14.07.180(h), 2421 14.07.180(j), 14.07.180(l), [AND] 14.07.180(m), 14.07.180(o)(1), 14.07.180(o)(3), 2522 and 14.07.180(o)(4) are repealed July 1, 2025.

2623 * Sec.

103.102.

2724 AS 11.61.145(c);

2825 AS 42.05.381(k)(2);

AS 42.20.050, 42.20.060, 42.20.070, 42.20.080, 42.20.085, 42.20.090, 2926 and 42.20.110 are repealed.