akcode

Revisor’s notes. —

The provisions of this title were redrafted in 1984 to remove personal pronouns pursuant to § 4, ch. 58, SLA 1982, and in 1984, 1989, 1993, and 2004 to make other minor word changes.

Chapter 03. Sovereignty of State.

Sec. 44.03.010. Offshore water and land.

The jurisdiction of the state extends to water offshore from the coast of the state as follows:

the marginal sea to its outermost limits as those limits are from time to time defined or recognized by the United States of America by international treaty or otherwise;
the high seas to the extent that jurisdiction is claimed by the United States of America, or to the extent recognized by the usages and customs of international law or by agreement to which the United States of America or the state is a party;
submerged land including the subsurface of submerged land, lying under the water mentioned in this section.

History. (§ 1 ch 89 SLA 1959)

Opinions of attorney general. —

Effect of earthquake on tideland boundaries. — See 1964 Alas. Op. Att'y Gen. No. 6.

Notes to Decisions

Jurisdiction over high seas above Continental Shelf. —

Since the United States asserts no jurisdiction over the high seas above the Continental Shelf, subsection (2) of this section does not support a claim by Alaska of jurisdiction over those waters. Hjelle v. Brooks, 377 F. Supp. 430 (D. Alaska 1974).

And over submerged lands underlying those high seas. —

Where neither the United States nor Alaska asserts jurisdiction over the high seas above the Continental Shelf, subsection (3) of this section does not support a claim by Alaska of jurisdiction over the submerged lands underlying those high seas. Hjelle v. Brooks, 377 F. Supp. 430 (D. Alaska 1974).

Title to lands, minerals and other resources at Yakutat Bay. —

Alaska is now, and has been at all times pertinent hereto, owner in fee simple of, and possessed of the lands, minerals, and other resources underlying all of the coastal waters enclosed by a line drawn between the natural headlands and entrance points of Yakutat Bay, Alaska, which headlands and natural entrance points are the outermost limits of Point Manby and Ocean Cape; said headlands and natural entrance points being less than twenty-four miles apart, to-wit, approximately seventeen miles distant along a straight line. United States v. Alaska, No. A-51-63 Civil, In the United States District Court for the District of Alaska, At Anchorage.

Alaska is now and has been at all times pertinent hereto, owner in fee simple of, and possessed of the lands, minerals, and other resources underlying waters three geographical miles seaward of a straight line drawn between the outermost limits of Point Manby and Ocean Cape at Yakutat Bay, Alaska. United States v. Alaska, No. A-51-63 Civil, In the United States District Court for the District of Alaska, At Anchorage.

The inland waters of Alaska in Yakutat Bay are those waters enclosed by a straight line drawn from the southernmost extremity of Point Manby to the westernmost extremity of Ocean Cape. United States v. Alaska, No. A-51-63 Civil, In the United States District Court for the District of Alaska, At Anchorage.

Drawing closing line across entrance of Yakutat Bay. —

In drawing a closing line across the entrance of Yakutat Bay the line shall be drawn between the points where the plane of mean lower low water meets the outermost extension of the headlands. In the event there is no pronounced headland, the line shall be drawn to the point where the line of mean lower low water on the shore is intersected by the bisector of the angle formed where a line projecting the general trend of the line of mean lower water along the open coast meets a line projecting the general trend of the line of mean lower low water along the tributary waterway. United States v. Alaska, No. A-51-63 Civil, In the United States District Court for the District of Alaska, At Anchorage.

Canadian territorial waters. —

Statute setting jurisdiction of the state in offshore waters did not extend the state criminal jurisdiction into Canadian territorial waters; therefore, charges against defendant for sexual misconduct aboard a state ferry traveling in Canadian territorial waters had to be dismissed. State v. Jack, 67 P.3d 673 (Alaska Ct. App. 2003), rev'd, 125 P.3d 311 (Alaska 2005).

The United States’ authority over its flagged vessels while they are in foreign territorial waters is not exclusive. The coastal state has a concurrent interest in regulating the conduct aboard vessels within its territorial waters. In other words, the fact that the United States has criminal jurisdiction over its flagged vessels does not preclude Canada from exercising its own jurisdiction when conduct aboard the vessel affects Canada’s peace, dignity or tranquility. And even if the United States has jurisdiction over a vessel while it is in Canada’s territorial waters, it does not follow that Alaska has the same jurisdiction, because nothing in this section indicates that the legislature intended to assert jurisdiction over an Alaskan vessel operating outside the territorial waters specifically described in the statute. State v. Jack, 67 P.3d 673 (Alaska Ct. App. 2003), rev'd, 125 P.3d 311 (Alaska 2005).

The submerged lands provisions of paragraph (3) of this section and AS 44.03.020 cannot be read as limiting high seas jurisdiction under paragraph (2) of this section. State v. Jack, 125 P.3d 311 (Alaska 2005).

Jurisdiction over alleged crime on state ferry in Canadian waters. —

Alaska had jurisdiction under this section to prosecute defendant for a sexual assault that allegedly occurred on an Alaska state ferry in Canadian waters because the alleged crime occurred in “water offshore from the coast” of Alaska within the meaning of that phrase as used in this section, and Alaska has jurisdiction over crimes committed on state ferries operating in Canadian waters; two independent alternative grounds support jurisdiction: Paragraph (2) of this section, and the effects doctrine. State v. Jack, 125 P.3d 311 (Alaska 2005).

Former injunction dissolved. —

The injunction heretofore granted against Alaska, enjoining the state from issuing leases to individuals, corporations, or other entities for the purposes of removing minerals and other natural resources from the lands decreed in this judgment to belong in fee simple to the state is hereby dissolved. United States v. Alaska, No. A-51-63 Civil, In the United States District Court for the District of Alaska, At Anchorage.

Quoted in

Corbin v. State, 672 P.2d 156 (Alaska Ct. App. 1983).

Collateral references. —

72 Am. Jur. 2d, States, Territories and Dependencies, §§ 29-35.

81A C.J.S., States, §§ 18 to 32.

Construction and application of § 4 of Outer Continental Shelf Lands Act of 1953 (43 U.S.C.A. § 1333), relating to laws applicable to subsoil and seabed of outer continental shelf and artificial islands and fixed structures erected thereon. 163 ALR Fed. 1.

Sec. 44.03.020. Ownership of water and submerged land.

The ownership of the water and submerged land described in AS 44.03.010 is in the state unless ownership of a parcel or area is held by a person or entity by a valid and effective instrument of conveyance or by operation of law.

History. (§ 2 ch 89 SLA 1959)

Opinions of attorney general. —

State ownership of tidelands is measured by old boundaries where sudden earthquake displacement has occurred. 1964 Alas. Op. Att'y Gen. No. 6.

When land shifts occur by earthquake-generated avulsion, the element of suddenness creates a situation where no change occurs in the limits of state boundaries or private tracts; the old state and private boundaries, submerged or otherwise, survive. 1964 Alas. Op. Att'y Gen. No. 6.

Lands eroded from a tract which, as a result, are below mean high tide are thereby revested in the state. 1964 Alas. Op. Att'y Gen. No. 6.

Notes to Decisions

Submerged Lands Act of 1953 applies to Alaska. Alaska Pub. Easement Def. Fund v. Andrus, 435 F. Supp. 664 (D. Alaska 1977).

Ownership of ground and surface waters is to be determined according to state law. Under the Alaska Constitution and state law, the right to use such waterways is placed in the people of the state. Alaska Pub. Easement Def. Fund v. Andrus, 435 F. Supp. 664 (D. Alaska 1977).

Ownership and control of land under navigable waters is confirmed in the state. Alaska Pub. Easement Def. Fund v. Andrus, 435 F. Supp. 664 (D. Alaska 1977).

Purpose of easements along courses of major waterways is to provide a place for docks, campsites, and such facilities to service those who are properly using the public waters. Alaska Pub. Easement Def. Fund v. Andrus, 435 F. Supp. 664 (D. Alaska 1977).

Construction of submerged lands and jurisdictional provisions. —

The submerged lands provisions of AS 44.03.010 (3) and this section cannot be read as limiting high seas jurisdiction under AS 44.03.010 (2). State v. Jack, 125 P.3d 311 (Alaska 2005).

Collateral references. —

Sec. 44.03.030. Construction of chapter.

This chapter does not limit or restrict

the jurisdiction of the state over a person or subject inside or outside the state that is exercisable by reason of citizenship, residence, or another reason recognized by law;
jurisdiction over or ownership of other water or land under other water inside or forming part of the boundaries of the state;
legislative jurisdiction of the United States over an area to which legislative jurisdiction is ceded by the state and which remains in the ownership of the United States.

History. (§ 3 ch 89 SLA 1959)

Notes to Decisions

Application of effects doctrine to jurisdiction under paragraph (1). —

Because the effects doctrine is widely recognized by case law and legal commentators, it is a “reason recognized by law” within the meaning of paragraph (1) of this section; no other or more specific statute is needed to justify the exercise of state extraterritorial jurisdiction: What is required is that the state must have a substantial interest so that the exercise of jurisdiction under the effects doctrine is reasonable. State v. Jack, 125 P.3d 311 (Alaska 2005).

Sec. 44.03.040. Reconciliation with other statutes.

This chapter does not alter the geographic area to which a statute of the state applies if the statute specifies the area precisely in miles or by another numerical designation of distance or position. Nothing in the statute or in this chapter is a waiver or relinquishment of jurisdiction over or ownership by the state of an area to which jurisdiction or ownership extends under another provision or rule of law.

History. (§ 4 ch 89 SLA 1959)

Notes to Decisions

Quoted in

State v. Jack, 125 P.3d 311 (Alaska 2005).

Chapter 06. Capital.

Sec. 44.06.010. Site of capital.

The capital of the state is at the city of Juneau, Alaska.

History. (§ 1-1-2 ACLA 1949)

Cross references. —

For temporary relocation of seat of government in the event of enemy attack, see AS 44.99.007 and 44.99.008 .

Notes to Decisions

Cited in

United States v. Rogge, 10 Alaska 130 (D. Alaska 1941).

Collateral references. —

16 Am. Jur. 2d, Constitutional Law, § 11.

Sec. 44.06.050. Purpose of AS 44.06.050 — 44.06.060.

The purpose of AS 44.06.050 — 44.06.060 is to guarantee to the people their right to know and to approve in advance all costs of relocating the capital or the legislature; to insure that the people will have an opportunity to make an informed and objective decision on relocating the capital or the legislature with all pertinent data concerning the costs to the state; and to insure that the costs of relocating the capital or the legislature will not be incurred by the state without the approval of the electorate.

History. (§ 1 1994 Ballot Measure No. 5)

Notes to Decisions

Stated in

Alaskans for Efficient Gov't, Inc. v. Knowles, 91 P.3d 273 (Alaska 2004).

Sec. 44.06.055. Relocation expenditures.

State money may be expended to relocate physically the capital or the legislature from the present location only after a majority of those voting in a statewide election have approved a bond issue that includes all bondable costs to the state of the relocation of a functional state legislature or capital to the new site over the twelve-year period following such approval. The commission established in AS 44.06.060 shall determine all bondable costs and total costs including, but not limited to, the costs of moving personnel and offices to the relocation site; the social, economic, and environmental costs to the present and relocation sites; and the costs to the state of planning, building, furnishing, using, and financing facilities at least equal to those provided by the present capital city.

History. (§ 2 1994 Ballot Measure No. 5)

Notes to Decisions

Applied in

Alaskans for Efficient Gov't, Inc. v. Knowles, 91 P.3d 273 (Alaska 2004).

Sec. 44.06.060. Commission.

The legislature shall establish a commission composed of nine members, including a chairperson and two persons from each judicial district, appointed by the governor and confirmed by the legislature, to determine the costs required by initiatives or legislative enactments authorizing relocation of any of the present functions of state government.

History. (§ 3 1994 Ballot Measure No. 5)

Notes to Decisions

Constitutionality. —

This section does not violate Alaska Const., art. XI, § 7, because it does not specify procedural requirements that could be placed upon the initiative process; further, Alaska Const., art. XI, § 6 provides that additional procedures for the initiative and referendum can be prescribed by law. Alaskans for Efficient Gov't, Inc. v. Knowles, 91 P.3d 273 (Alaska 2004).

Appointment of commission. —

The governor is required to appoint a FRANK Commission only if voters first pass the relocation initiative. Alaskans for Efficient Gov't, Inc. v. Knowles, 91 P.3d 273 (Alaska 2004).

Secs. 44.06.100 — 44.06.299. Capital relocation, expenditures, planning. [Repealed, § 1 ch 54 SLA 1981.]

Chapter 07. Alaska Capital City Development Corporation.

Revisor’s notes. —

Section 1, ch. 143, SLA 1978 added a new chapter, designated AS 44.63 and renumbered in 1978 as AS 44.07. Chapter 143, however, had a conditional effective date and that condition has never been met. Section 7, ch. 143, SLA 1978 provided that the Act would take “effect 30 days after certification that a bond issue for costs of relocation of the capital has been adopted by the voters of the state.” In November 1978, the voters rejected a bond issue for costs of relocation of the capital. Chapter 54, SLA 1981, placed a ballot question before the voters related to the relocation of the capital. At the November 1982 general election that ballot measure failed, and by the conditions of ch. 54, SLA 1981 all other provisions related to capital relocation were repealed. The failure to include the repeal of ch. 143, SLA 1978 may have been intentional, because the law had not gone into effect and, therefore, did not need to be repealed. All other provisions of the Alaska Statutes that would have been affected by ch. 143, SLA 1978 have subsequently been repealed or amended by the legislature. For the text of the law enacted by ch. 143, SLA 1978, see either the 1980 or 1984 pamphlets for this title, or the 1978 Session Laws of Alaska.

Chapter 08. Relocation Indemnification.

[Repealed, § 1 ch 54 SLA 1981.]

Chapter 09. State Seal, Flag, and Emblems.

Sec. 44.09.010. State seal.

The official seal of the State of Alaska is comprised of two concentric circles between which appear the words “The Seal of the State of Alaska” and within the inner circle is the design of the seal corresponding to the representation in this section.

Click to view

History. (§ 2 ch 141 SLA 1960)

Collateral references. —

68 Am. Jur. 2d, Seals, § 10.

78A C.J.S., Seals, § 1 et seq.

Sec. 44.09.015. Use of seal without permission prohibited.

A person may not use or make a die or impression of the state seal for any advertising or commercial purpose, unless written permission has first been obtained from the lieutenant governor.
Violation of this section is a misdemeanor, and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.

History. (§ 1 ch 90 SLA 1968)

Revisor’s notes. —

Formerly AS 11.60.225 . Renumbered in 1978.

Notes to Decisions

Constitutionality. —

Since a statute forbidding the use of the official state seal “for any advertising or commercial purpose” does not impact any non-commercial use of the seal, and since the state has a legitimate governmental interest in regulating the commercial use of that seal, there was no constitutional bar to the prosecution of the defendant for marketing commemorative coins bearing the seal. State v. Robart, 988 P.2d 1114 (Alaska Ct. App. 1999).

No preemption by federal copyright law. —

Federal copyright law did not preempt this section, as it was clear that states had the power to protect symbols of their sovereignty, state seals appeared to be more akin to trademarks or service marks than they were to the type of work Congress intended copyrights to cover, and it seemed evident that Congress, by protecting specific important federal seals that were left unprotected by copyright law and by federal trademark law, did not intend to prohibit states from protecting seals that represented state sovereignty. Robart v. State, 82 P.3d 787 (Alaska Ct. App.), cert. denied, 543 U.S. 940, 125 S. Ct. 310, 160 L. Ed. 2d 249 (U.S. 2004).

Jury instructions. —

Instructions given by the judge adequately informed the jury as to what constituted a “writing” under the statute, and as to what “acting reasonably” meant, and from this, defendant was allowed to argue that a letter from the governor, despite its lack of relevant language, was a “writing.” Robart v. State, 82 P.3d 787 (Alaska Ct. App.), cert. denied, 543 U.S. 940, 125 S. Ct. 310, 160 L. Ed. 2d 249 (U.S. 2004).

Sec. 44.09.017. Commemorative gold and silver medallions.

The Department of Administration shall contract or otherwise arrange for the minting and sale of Alaska commemorative medallions minted only from .999 fine gold and silver in weights determined by the commissioner of administration. Gold and silver mined in Alaska shall be used in the production of the medallions. The state shall receive a royalty from the sale of the medallions. The amount of the royalty shall be determined by the commissioner of administration.
One side of the commemorative medallions minted under this section shall contain the state seal. The design for the other side shall be determined in an annual contest conducted by the contractor under the supervision of the Department of Administration. Only designs using an Alaska theme and submitted by an Alaska resident may be considered in the contest. Payment for the winning design may not exceed $1,000.
[Repealed, § 35 ch 126 SLA 1994.]

History. (§ 1 ch 2 SLA 1988; am § 35 ch 126 SLA 1994)

Sec. 44.09.020. State flag.

The design of the official flag is eight gold stars in a field of blue, so selected for its simplicity, its originality, and its symbolism. The blue, one of the national colors, typifies the evening sky, the blue of the sea and of mountain lakes, and of wild flowers that grow in Alaskan soil, the gold being significant of the wealth that lies hidden in Alaska’s hills and streams.

The stars, seven of which form the constellation Ursa Major, the Great Bear, the most conspicuous constellation in the northern sky, contains the stars which form the “Dipper,” including the “Pointers” which point toward the eighth star in the flag, Polaris, the North Star, the ever constant star for the mariner, the explorer, hunter, trapper, prospector, woodsman, and the surveyor. For Alaska the northernmost star in the galaxy of stars represents Alaska, the forty-ninth star in the national emblem.

The flag of the Territory of Alaska is the official flag of the state. The standard proportions and size graphically delineated herein shall be used in the manufacture of the official flag of Alaska. The stars shall be the color of natural yellow gold and the field of blue shall be of the same shade of blue used in the official manufacture of the national emblem of the United States. The design, standard proportions, and size are as follows:

Click to view

History. (§ 1-1-4 ACLA 1949; am § 1 ch 29 SLA 1959; am § 1 ch 3 SLA 2007)

Revisor’s notes. —

The official flag described in this section was the winning design of the flag contest held in 1927 by the American Legion, Department of Alaska, in the public, private, and Native schools of the territory.

Sec. 44.09.030. Display of flags.

The official flag of the state shall be displayed with the flag of the United States only from sunrise to sunset, or between the hours designated by proper authority. However, the flag may be displayed after sunset upon special occasions when it is desired to produce a patriotic effect.
The flag of the United States and the flag of the State of Alaska shall be displayed daily, weather permitting, in the following places:
1. on or near the main administration building of every institution under the authority or control of the state government;
2. in or near every schoolhouse during school days.
[Repealed, § 3 ch 5 SLA 2011.]
When displayed horizontally in a public facility, the flag shall be positioned with the hoist on the left and the North Star in the upper right corner.
When displayed vertically in a public facility, the flag shall be positioned with the hoist at the top and the North Star in the lower right corner.

History. (§ 1-1-3 ACLA 1949; am § 1 ch 26 SLA 1955; am § 2 ch 3 SLA 2007; am §§ 1, 3 ch 5 SLA 2011)

Effect of amendments. —

The 2011 amendment, effective July 27, 2011, added (d) and (e) and repealed (c) which read, “An official flag of the state that is no longer a fitting emblem for display because it is worn, tattered, or otherwise damaged may be respectfully retired by fire.”

Sec. 44.09.032. Folding and presenting the state flag.

When folding the state flag, the following procedure shall be followed, whenever possible:
1. hold the flag waist-high with another person, so that the flag is parallel to the ground and the hoist is on the left;
2. fold the flag lengthwise, with the open edge up;
3. holding the edges securely, rotate the flag so that five stars are facing up;
4. fold the flag lengthwise a second time, with the open edge up;
5. holding the edges securely, rotate the flag so that two stars are facing up;
6. fold the flag widthwise, with the North Star facing down and the hoist on the right;
7. holding the edges securely, fold the flag widthwise a second time, with the North Star facing down and the hoist on the right;
8. fold the flag widthwise a third time, with the North Star facing up.
When presenting the folded flag to another person, the folded flag should be turned so that the North Star is nearest the receiver.

History. (§ 2 ch 5 SLA 2011)

Sec. 44.09.034. Retirement of the state flag.

An official flag of the state that is no longer a fitting emblem for display because it is worn, tattered, or otherwise damaged may be respectfully retired by fire in a ceremony or other dignified manner honoring the flag as a fitting emblem for the state. When practicable, retirement of the state flag should occur in a public ceremony under the direction of uniformed personnel representing a state or federal military service or a patriotic society. If a formal ceremony is not practicable, a private ceremony is acceptable.

History. (§ 2 ch 5 SLA 2011)

Sec. 44.09.040. State song.

The song “Alaska’s Flag,” with music composed by Elinor Dusenbury and words by Marie Drake, is the official song of the state. The words of the official song are as follows:

Alaska’s Flag

Eight stars of gold on a field of blue —

Alaska’s flag. May it mean to you

The blue of the sea, the evening sky,

The mountain lakes, and the flow’rs nearby;

The gold of the early sourdough’s dreams,

The precious gold of the hills and streams;

The brilliant stars in the northern sky,

The “Bear” — the “Dipper” — and, shining high,

The great North Star with its steady light,

Over land and sea a beacon bright.

Alaska’s flag — to Alaskans dear,

The simple flag of a last frontier.

History. (§ 1 ch 6 SLA 1955)

Sec. 44.09.045. State motto.

The official motto of the State of Alaska is: North to the Future.

History. (§ 1 ch 36 SLA 1967)

Sec. 44.09.050. State flower.

The wild native forget-me-not is the state flower and floral emblem.

History. (§ 1-1-5 ACLA 1949)

Sec. 44.09.060. State bird.

The Alaska Willow Ptarmigan (Lagopus lagopus alascensis Swarth) is the official bird of the state.

History. (§ 1 ch 1 SLA 1955)

Sec. 44.09.070. State tree.

The Sitka spruce (picea sitchenensis), which is recognized as the most valuable tree species in Alaska and which is found in both national forests of the state, is the official tree of the state.

History. (§ 1 ch 12 SLA 1962)

Sec. 44.09.075. State marine mammal.

The bowhead whale is the state marine mammal.

History. (§ 2 ch 88 SLA 1983)

Sec. 44.09.078. State land mammal.

The moose (Alces alces) is the state land mammal.

History. (§ 1 ch 17 SLA 1998)

Sec. 44.09.080. State fish.

The king salmon (Oncorhynchus tshawytscha) is the official fish of the state.

History. (§ 1 ch 20 SLA 1963)

Sec. 44.09.085. State sport.

Dog mushing is the official sport of Alaska.

History. (§ 1 ch 38 SLA 1972)

Sec. 44.09.090. State medal for heroism.

The governor is authorized to award a state medal for heroism directly or posthumously to any citizen of the state in recognition of a valorous and heroic deed performed in the saving of a life or for injury or death or threat of injury or death incurred in the service of the state or the citizen’s community or on behalf of the health, welfare, or safety of other persons. The medal shall be awarded by the governor with an appropriate ceremony.
The governor shall make arrangements for the designing of the medal for heroism through a statewide design competition participated in by the school children of the state.

History. (§ 1 ch 12 SLA 1965)

Sec. 44.09.095. North Star Medal.

The governor is authorized to award the North Star Medal directly or posthumously to any peace officer, correctional officer, firefighter, first responder, or member of a volunteer search and rescue group who dies or is seriously injured in the line of duty and has displayed exceptional bravery or heroism while performing those duties.
The governor shall present recipients of the North Star Medal with a ribbon, medal, and citation during a ceremony that may not take place more than once a year. The North Star Medal will be awarded to the recipient or, in the event the recipient is no longer living, to the recipient’s next of kin.
Nominations for the North Star Medal must be submitted to the commissioner of public safety by the highest ranking supervisor in the department or organization of the nominee. After reviewing the nominations, the commissioner of public safety shall submit the name or names of persons recommended for the North Star Medal to the governor for approval.

History. (§ 1 ch 104 SLA 2018)

Effective dates. —

Section 1, ch. 104, SLA 2018, which enacted this section, took effect on December 10, 2018.

Sec. 44.09.100. State gem.

Jade is the official state gem.

History. (§ 1 ch 51 SLA 1968)

Sec. 44.09.110. State mineral.

Gold is the official state mineral.

History. (§ 1 ch 50 SLA 1968)

Sec. 44.09.120. State fossil.

The woolly mammoth (Mammuthus primigenius) is the official state fossil.

History. (§ 2 ch 31 SLA 1986)

Cross references. —

For legislative intent, see § 1, ch. 31, SLA 1986, in the Temporary and Special Acts.

Sec. 44.09.130. State insect.

The four spot skimmer dragonfly is the official state insect.

History. (§ 1 ch 49 SLA 1995)

Sec. 44.09.140. State dog.

The Alaskan Malamute is the official state dog.

History. (§ 1 ch 17 SLA 2010)

Sec. 44.09.150. State bolt-action rifle.

The pre-1964 Winchester Model 70 bolt-action rifle in the following calibers is the official state bolt-action rifle: .22 Hornet, .220 Swift, .243 Winchester, .250-3000 Savage, .264 Winchester Magnum, .257 Roberts, .270 W.C.F., 7 mm, .300 Savage, .30-06, .300 H&H Magnum, .300 Winchester Magnum, .308 Winchester, .358 Winchester, .35 Remington, .375 H&H Magnum, .338 Winchester Magnum, .458 Winchester Magnum.

History. (§ 2 ch 100 SLA 2014)

Effective dates. —

Section 2, ch. 100, SLA 2014, which enacted this section, is effective October 26, 2014.

Chapter 12. Holidays, Agency Office Hours, and Official Language.

Cross references. —

For Arbor Day, see AS 41.15.900 .

Article 1. Legal Holidays.

Sec. 44.12.010. Legal holidays.

The following days are legal holidays:
1. the first of January, known as New Year’s Day;
2. the third Monday of January, known as Martin Luther King, Jr.’s Birthday as provided in (b) of this section;
3. the third Monday in February, known as Presidents’ Day;
4. the last Monday of March, known as Seward’s Day;
5. the last Monday in May, known as Memorial Day;
6. the fourth of July, known as Independence Day;
7. the first Monday in September, known as Labor Day;
8. the 18th of October, known as Alaska Day;
9. the 11th of November, known as Veterans’ Day;
10. the fourth Thursday in November, known as Thanksgiving Day;
11. the 25th of December, known as Christmas Day;
12. every Sunday;
13. every day designated by public proclamation by the President of the United States or the governor of the state as a legal holiday.
For employment purposes, Martin Luther King, Jr.’s Birthday is a legal holiday for state employees who
1. are not covered by a collective bargaining agreement; or
2. are covered by a collective bargaining agreement whose terms
  1. include by name Martin Luther King, Jr.’s Birthday; or
  2. have been amended to substitute a holiday on the third Monday of January for Martin Luther King, Jr.’s Birthday in place of another paid holiday.

History. (§ 1-1-6 ACLA 1949; am § 1 ch 183 SLA 1959; am § 1 ch 37 SLA 1969; am § 1 ch 5 SLA 1973; am § 1 ch 38 SLA 1973; am §§ 1, 2 ch 109 SLA 1989)

Notes to Decisions

Applied in

In re Dalton, 8 Alaska 338 (D. Alaska 1932).

Quoted in

Berry v. Berry, 277 P.3d 771 (Alaska 2012).

Cited in

Jefferson v. Moore, 354 P.2d 373 (Alaska 1960).

Collateral references. —

73 Am. Jur. 2d, Sundays and Holidays, § 1 et seq.

40 C.J.S., Holidays, § 1 et seq.

Validity of statute or ordinance prohibiting or regulating sports and games on Sunday. 24 ALR2d 813.

Validity, under establishment of religion clause of federal or state constitution, of provision making day of religious observance a legal holiday. 90 ALR3d 752.

Validity and construction of Sunday closing or blue laws, 10 ALR4th 246.

Validity, under federal and state establishment of religion provisions, of prohibition of sale of intoxicating liquors on specific religious holidays. 27 ALR4th 1155.

Scheduling election on religious holiday as violation of federal constitutional rights. 44 ALR Fed. 886.

Sec. 44.12.020. Holiday falling on Sunday.

If a holiday listed in AS 44.12.010 , except AS 44.12.010 (a)(12), falls on a Sunday, Sunday and the following Monday are both legal holidays.

History. (§ 1-1-6 ACLA 1949; am § 1 ch 183 SLA 1959; am § 2 ch 37 SLA 1969)

Sec. 44.12.025. Holiday falling on Saturday.

If a holiday listed in AS 44.12.010 falls on a Saturday, the Saturday and the preceding Friday are both legal holidays for officers and employees of the state.

History. (§ 1 ch 40 SLA 1966)

Article 2. Designated Days and Months of Honor.

Sec. 44.12.030. Wickersham Day.

August 24 is designated Wickersham Day in honor of James Wickersham, and is the occasion for school assemblies with appropriate programs, and other suitable observances and exercises by civic groups and the public in general.

History. (§ 2 ch 63 SLA 1949)

Sec. 44.12.040. Anthony J. Dimond Day.

November 30 is designated Anthony J. Dimond Day in honor of “Tony” Dimond, and shall be observed by appropriate school assemblies and programs, and other suitable observances and exercises by civic groups and the public at large.

History. (§ 2 ch 133 SLA 1955)

Sec. 44.12.045. Martin Luther King Day. [Repealed, § 3 ch 109 SLA 1989.]

Cross references. —

For current law, see AS 44.12.010 .

Sec. 44.12.050. Ernest Gruening Day.

Ernest Gruening Day is established on February 6 of each year to honor Ernest Gruening, doctor, editor, and statesman, for a lifetime of service to the territory and state of Alaska and the nation. Ernest Gruening Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 13 SLA 1984)

Sec. 44.12.055. Bob Bartlett Day.

Bob Bartlett Day is established on April 20 of each year to honor E.L. “Bob” Bartlett, the “architect of Alaska statehood,” for a lifetime of public service to Alaska and the nation. Bob Bartlett Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 12 SLA 1984)

Sec. 44.12.060. William A. Egan Day.

William A. Egan Day is established on October 8 of each year to honor William “Bill” Egan, the first governor of the state of Alaska, for a lifetime of service to the territory and state of Alaska. William A. Egan Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 18 SLA 1985)

Sec. 44.12.061. Walter Harper Day.

Walter Harper Day is established on June 7 of each year to honor Walter Harper, who in 1913 became the first person to summit Denali, for his superb subsistence skills, his integrity, his strong sense of identity and purpose, and his ability to navigate comfortably in both the Athabascan culture and other cultures of the United States. Walter Harper Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 30 SLA 2020)

Effective dates. —

Section 1, ch. 30, SLA 2020, which enacted this section, took effect on July 28, 2020.

Sec. 44.12.063. Katie John Day.

Katie John Day is established on May 31 of each year to honor Ahtna Athabascan elder Katie John for her mentoring and advocacy in defense of Alaska Native customary and traditional hunting, fishing, and gathering rights. Katie John Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 6 SLA 2019)

Effective dates. —

Sec. 2, ch. 6, SLA 2019 makes this section effective May 31, 2019, in accordance with AS 01.10.070(c) .

Sec. 44.12.065. Elizabeth Peratrovich Day.

Elizabeth Peratrovich Day is established on February 16 of each year to honor Elizabeth Peratrovich, past Grand President of the Alaska Native Sisterhood, for her courageous, unceasing efforts to eliminate discrimination and bring about equal rights in Alaska. Elizabeth Peratrovich Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 2 ch 65 SLA 1988)

Cross references. —

For legislative findings, see sec. 1, ch. 65, SLA 1988 in the Temporary and Special Acts.

Sec. 44.12.066. Susan Butcher Day.

Susan Butcher Day is established on the first Saturday of March of each year, the traditional start date of the Iditarod Trail Sled Dog Race, to honor Susan Butcher, a loving mother, devoted wife, world-class athlete, determined competitor, true Alaskan, and four-time Iditarod Trail Sled Dog Race champion. Susan Butcher Day may be observed by school assemblies, sporting events, and other suitable observances and exercises by civic groups and the public to remember the life of Susan Butcher, an inspiration to Alaskans and to millions around the world.

History. (§ 1 ch 5 SLA 2008)

Sec. 44.12.067. Ted Stevens Day.

Ted Stevens Day is established on the fourth Saturday of July each year to honor Theodore F. “Ted” Stevens, whose long record of public service includes 40 years as a United States senator from Alaska, for his service to the state and the nation. Ted Stevens Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 2 SLA 2011)

Sec. 44.12.068. Vietnam Veterans Day.

Vietnam Veterans Day is established on March 29 of each year to acknowledge and commemorate the military service of American men and women in Vietnam. The day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 3 SLA 2013)

Effective dates. —

Section 2, ch. 3, SLA 2013 makes this section effective March 28, 2013, in accordance with AS 01.10.070(c) .

Sec. 44.12.070. Alaska Flag Day.

Alaska Flag Day is established on July 9 of each year to honor the creation of the design of the official flag of the state by Benny Benson and its importance as a symbol of the state. Alaska Flag Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 120 SLA 1992)

Sec. 44.12.072. Alaska Day of Prayer.

The Alaska Day of Prayer is established on the first Thursday in May each year as an opportunity for residents of all faiths to join in united prayer to give thanks for blessings received, to request healing for wounds endured, to ask divine guidance for our leaders, and to bring wholeness to the citizens of our state and our nation.

History. (§ 2 ch 11 SLA 1997)

Cross references. —

For legislative findings concerning the enactment of this section, see § 1, ch. 11, SLA 1997 in the 1997 Temporary and Special Acts.

Sec. 44.12.074. Fetal Alcohol Spectrum Disorders Awareness Day.

Fetal Alcohol Spectrum Disorders Awareness Day is established on September 9 of each year to promote awareness of the fact that there is no known safe level of alcohol consumption during pregnancy, to promote awareness of the effects of prenatal exposure to alcohol, to increase identification of children with fetal alcohol spectrum disorders, and to improve the lives of those affected by fetal alcohol spectrum disorders.

History. (§ 1 ch 7 SLA 2012)

Sec. 44.12.075. Family day and family preservation month.

Family Day is established on May 1 of each year to celebrate the institution of the family. The month of May each year is established as Preservation of the Family Month to encourage the preservation of the institution of the family. Family Day and Preservation of the Family Month may be observed by suitable observances by families, such as a family discussion of the role of families, the rights and responsibilities of children and parents, and appropriate methods for the resolution of violent feelings in family conflict, and by exercises by civic groups and the public. In observance of Family Preservation Month, the Department of Health and Social Services shall encourage the prevention of child abuse and neglect in Alaska families.

History. (§ 2 ch 4 SLA 1994)

Cross references. —

For legislative findings in connection with the enactment of this section, see § 1, ch. 4, SLA 1994 in the Temporary and Special Acts.

Sec. 44.12.076. Prisoners of War and Missing in Action Recognition Days.

Former Prisoners of War Recognition Day is established on April 9 of each year to recognize and honor all former prisoners of war (POWs) from our nation’s wars who have returned home. These POWs repeatedly demonstrated their devotion to duty, honor, and country, despite enduring captivity and sometimes brutal treatment by their captors. The governor shall issue a proclamation to commemorate the day, and the POW/MIA flag shall be flown that day at sites identified by the governor. Former POW Recognition Day may be observed by suitable observances and exercises by civic groups and the public.
Prisoners of War and Missing in Action Recognition Day is established on the third Friday of September each year to honor all prisoners of war (POWs) and those missing in action (MIAs), unaccounted for from all our nation’s wars or who died in captivity. These POWs and MIAs repeatedly demonstrated their devotion to duty, honor, and country, despite enduring captivity and sometimes brutal treatment by their captors. The fate of those unaccounted for and missing in action from our nation’s wars causes considerable uncertainty for their families, friends, fellow soldiers, and veterans. This day is also an occasion for Alaskans to remember our country’s enormous responsibility to do everything possible to account for those still missing in action. The governor shall issue a proclamation to commemorate the day, and the POW/MIA flag shall be flown that day at sites identified by the governor. POW and MIA Recognition Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 10 SLA 2000)

Legislative history reports. —

For Governor’s transmittal letter concerning the enactment of this section by sec. 1, ch. 10, SLA 2000 (SB 236), see 2000 Senate Journal 2157.

Sec. 44.12.077. Military Family Day.

Military Family Day is established on November 1 of each year to honor military families. Military Family Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 4 SLA 2016)

Effective dates. —

Section 1, ch. 4, SLA 2016, which enacted this section, took effective July 20, 2016.

Sec. 44.12.078. Women Veterans Day.

Women Veterans Day is established on November 9 of each year to acknowledge and commemorate the sacrifices endured and valor displayed by American women veterans and to recognize their increasing role in the military. The governor shall issue a proclamation to commemorate Women Veterans Day. The day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 10 SLA 2000)

Legislative history reports. —

For Governor’s transmittal letter concerning the enactment of this section by sec. 1, ch. 10, SLA 2000 (SB 236), see 2000 Senate Journal 2157.

Sec. 44.12.080. Pearl Harbor Remembrance Day.

Pearl Harbor Remembrance Day is established on December 7 of each year to commemorate the attack on Pearl Harbor on December 7, 1941, and to honor the individuals who died as a result of the attack. The governor shall issue a proclamation to commemorate the day and shall direct that the Alaska flag be flown at half-mast on that day. Pearl Harbor Remembrance Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 28 SLA 1995)

Sec. 44.12.083. Alaska Territorial Guard Day.

Alaska Territorial Guard Day is established on October 18 of each year to acknowledge and commemorate the service of the members of the Alaska Territorial Guard in defense of Alaska and the United States during World War II. The governor shall issue a proclamation to commemorate Alaska Territorial Guard Day. The day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 17 SLA 2005)

Sec. 44.12.085. Dutch Harbor Remembrance Day.

Dutch Harbor Remembrance Day is established on June 3 of each year to commemorate the attack on Dutch Harbor on June 3, 1942, and to honor the individuals who died as a result of the attack and those inhabitants of Attu and Kiska who fell into enemy hands three days later and were held captive in Japan until the end of World War II. On Dutch Harbor Remembrance Day the many servicemen who died in 1943 while recapturing Attu and Kiska from the Japanese are also honored for their diligent service to the United States and to the state. The governor shall issue a proclamation to commemorate Dutch Harbor Remembrance Day and shall direct that the Alaska flag be flown at half-mast on that day. The day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 38 SLA 1995)

Revisor’s notes. —

Enacted as AS 44.12.080 . Renumbered in 1995.

Sec. 44.12.087. Great Alaska Good Friday Earthquake Remembrance Day.

Great Alaska Good Friday Earthquake Remembrance Day is established on March 27 of each year to honor those who died throughout the state in earthquakes, tsunamis, and landslides after the most powerful recorded earthquake in North America, and also to honor those who died attempting to save others. The devastating consequences and efforts of recovery after the 1964 earthquake provided many lessons that should not be forgotten and should be used to develop a safer human environment in the state and to increase public awareness, which is the most cost-effective and critical aspect of preparation for the next earthquake. The governor shall issue a proclamation to commemorate Great Alaska Good Friday Earthquake Remembrance Day and shall direct that the Alaska flag be flown at half-mast on that day. The day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 2 SLA 2015)

Effective dates. —

Section 1, ch. 2, SLA 2015, which enacted this section, took effect on July 17, 2015.

Sec. 44.12.090. Juneteenth Day.

Juneteenth Day is established on the third Saturday in June each year to commemorate the abolition of slavery throughout the United States and its territories in 1865. The governor shall issue a proclamation to commemorate the day. On Juneteenth Day, citizens of the state are urged to reflect on the suffering endured by early African-Americans and to appreciate the unique freedom and equality enjoyed by all state citizens today.

History. (§ 1 ch 9 SLA 2001)

Sec. 44.12.092. Alaska History Week.

The first week of March of each year is established as Alaska History Week to celebrate the contributions and experiences that comprise the past development of The Great Land. Alaska History Week may be observed by school assemblies, programs, and other suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 6 SLA 2008)

Sec. 44.12.094. Alaska Mining Day.

Alaska Mining Day is established on May 10 of each year to recognize and honor the intrepid individuals and industry that played an enormous role in settling and developing the territory and the state and that continue to contribute to the economy of the state. Mining served as a driving force behind the creation of the Alaska Railroad in the early 20th century, and the ongoing development of the mineral resources of the state, including rare earth minerals, contributes to the security and economy of the state and the nation. Alaska Mining Day may be observed by educational and celebratory events, projects, and activities to increase public awareness of and appreciation for mining and miners in the state and the many uses for the minerals mined in the state.

History. (§ 1 ch 6 SLA 2013)

Effective dates. —

Section 2, ch. 6, SLA 2013 makes this section effective April 13, 2013, in accordance with AS 01.10.070(c) .

Sec. 44.12.095. Drunk Driving Victims Remembrance Day.

Drunk Driving Victims Remembrance Day is established on July 3 of each year to commemorate the victims of drunk driving. The governor shall issue a proclamation to commemorate the day. The day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 66 SLA 2001)

Revisor’s notes. —

Enacted as AS 44.12.090 . Renumbered in 2001.

Sec. 44.12.098. Avalanche Awareness Month.

The month of November each year is established as Avalanche Awareness Month. Avalanche Awareness Month may be observed by schools, community groups, and other public and private agencies and individuals with appropriate activities that increase the public’s awareness of avalanche dangers, how to respond to avalanches, and the use of appropriate equipment in avalanche areas.

History. (§ 2 ch 10 SLA 2004)

Cross references. —

For a statement of legislative intent relating to the provisions of this section, see § 1, ch. 10, SLA 2004, in the 2004 Temporary and Special Acts.

Sec. 44.12.100. Older Alaskans’ Day.

The second Wednesday of September of each year is established as Older Alaskans’ Day to honor residents of the state who are 60 years of age or older for the many contributions made by older Alaskans to the state. The day may be celebrated by public ceremonies and by quiet appreciation.

History. (§ 1 ch 8 SLA 2006)

Sec. 44.12.105. Alaska Agriculture Day.

Alaska Agriculture Day is established on the first Tuesday in May each year in order to recognize the many contributions of the agricultural industry in Alaska. Alaska Agriculture Day may be observed by celebratory events, projects, and activities directed at or involving people of all ages to increase their awareness and appreciation of Alaska agriculture and agriculture in general.

History. (§ 1 ch 32 SLA 2007)

Sec. 44.12.108. Children’s Day.

Children’s Day is established on the second Sunday of June of each year to honor Alaska children and to promote their value and well-being in our communities. Children’s Day may be observed by suitable observances and activities by civic groups and the public.

History. (§ 1 ch 30 SLA 2015)

Effective dates. —

Section 2, ch. 30, SLA 2015 makes this section effective June 2, 2015.

Sec. 44.12.110. Marmot Day.

Marmot Day is established on February 2 of each year. The day may be observed by suitable observances and exercises by school programs, the Alaska Zoo, civic groups, and the public.

History. (§ 1 ch 57 SLA 2009)

Sec. 44.12.115. Purple Heart Day.

Purple Heart Day is established on August 7 of each year to honor recipients of the Purple Heart. The day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 2 SLA 2010)

Sec. 44.12.118. Motorcycle and Motor Scooter Awareness Month.

The month of May each year is established as Motorcycle and Motor Scooter Awareness Month. Motorcycle and Motor Scooter Awareness Month may be observed by schools, community groups, and other public and private agencies and individuals with appropriate activities that increase the public’s awareness of the presence of motorcycles and motor scooters on roads and highways in the state and that remind motor vehicle drivers to be aware of the presence of motorcycles and motor scooters when driving.

History. (§ 1 ch 9 SLA 2010)

Revisor’s notes. —

Enacted as AS 44.12.115 ; renumbered in 2010.

Sec. 44.12.120. Alaska Public Gardens Day.

Alaska Public Gardens Day is established on the Saturday immediately preceding Memorial Day each year to commemorate the state’s public gardens and the role the gardens play in promoting environmental stewardship, the economy, a healthy food supply, education, plant conservation, recreation, and research.

History. (§ 1 ch 16 SLA 2011)

Sec. 44.12.121. Alaska Wild Salmon Day.

Alaska Wild Salmon Day is established on August 10 of each year to celebrate the enormous bounty that the following wild salmon bring to the state every year:
1. chinook, also known as “king”;
2. sockeye, also known as “red”;
3. coho, also known as “silver”;
4. chum, also known as “dog” or “keta”; and
5. pink, also known as “humpy.”
Alaska Wild Salmon Day may be observed by educational and celebratory events, projects, and activities.

History. (§ 1 ch 6 SLA 2016)

Effective dates. —

Section 1, ch. 6, SLA 2016, which enacted this section, took effect August 5, 2016.

Sec. 44.12.125. Alaska National Guard Day.

Alaska National Guard Day is established on July 30 of each year to honor the Alaska National Guard. Alaska National Guard Day may be observed by suitable observances and exercises by the Alaska National Guard, civic groups, and the public.

History. (§ 1 ch 10 SLA 2012)

Sec. 44.12.130. Jay Hammond Day.

Jay Hammond Day is established on July 21 of each year to honor Governor Jay Hammond. Jay Hammond Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 68 SLA 2013)

Effective dates. —

Section 1, ch. 68, SLA 2013, which enacted this section, is effective October 8, 2013.

Sec. 44.12.135. Dr Walter Soboleff Day.

Dr. Walter Soboleff Day is established on November 14 of each year to honor Dr. Walter Soboleff. Dr. Walter Soboleff Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 109 SLA 2014)

Effective dates. —

Section 1, ch. 109, SLA 2014, which enacted this section, is effective October 28, 2014.

Sec. 44.12.137. Vic Fischer and Jack Coghill Constitution of the State of Alaska Day.

Vic Fischer and Jack Coghill Constitution of the State of Alaska Day is established on April 24 of each year to honor Jack Coghill, Vic Fischer, and the other delegates to the Alaska Constitutional Convention and commemorate the creation of the Constitution of the State of Alaska. Vic Fischer and Jack Coghill Constitution of the State of Alaska Day may be observed at school assemblies and by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 33 SLA 2021)

Effective dates. —

Section 1, ch. 33, SLA 2021, which enacted this section, was permitted to become law without signature, and took effect on September 5, 2021.

Sec. 44.12.140. Alaska Law Enforcement Officers’ Day.

Alaska Law Enforcement Officers’ Day is established on January 9 each year to honor law enforcement officers and peace officers. Alaska Law Enforcement Officers’ Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 1 SLA 2015)

Effective dates. —

Section 1, ch. 1, SLA 2015, which enacted this section, took effect on July 2, 2015.

Sec. 44.12.145. Alaska Firefighters’ Day.

Alaska Firefighters’ Day is established on the Sunday preceding October 9 each year to honor firefighters in the state. If October 9 falls on a Sunday, then Alaska Firefighters’ Day is on October 9. Alaska Firefighters’ Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 2 ch 7 SLA 2015)

Revisor’s notes. —

Enacted as AS 44.12.140 ; renumbered in 2015.

Effective dates. —

Section 2, ch. 7, SLA 2015, which enacted this section, took effect on August 3, 2015.

Editor’s notes. —

For a statement of legislative findings and intent relating to this section, see sec. 1, ch. 7, SLA 2015.

Sec. 44.12.150. African American Soldiers’ Contribution to Building the Alaska Highway Day.

African American Soldiers’ Contribution to Building the Alaska Highway Day is established on October 25 each year, beginning in 2017, the 75th anniversary of completion of the Alaska Highway, to honor the sacrifices made by African American soldiers who built the Alaska Highway. African American Soldiers’ Contribution to Building the Alaska Highway Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 5 SLA 2017)

Effective dates. —

Section 1, ch. 5, SLA 2017 makes this section effective July 29, 2017.

Sec. 44.12.153. Hmong-American Veterans Day.

Hmong-American Veterans Day is established on May 15 of each year to acknowledge and commemorate the military service of Hmong-American men and women. Hmong-American Veterans Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 22 SLA 2020)

Revisor's notes. —

This section was enacted as AS 44.12.180 and renumbered in 2020.

Effective dates. —

Section 1, ch. 22, SLA 2020, which enacted this section, took effect on July 28, 2020.

Sec. 44.12.155. Indigenous Peoples Day.

Indigenous Peoples Day is established on the second Monday of October of each year. Indigenous Peoples Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 15 SLA 2017)

Revisor's notes. —

This section was enacted as AS 44.12.150 ; renumbered in 2017.

Effective Dates. —

Section 1, ch. 15, SLA 2017, which enacted this section, took effect on September 22, 2017.

Sec. 44.12.157. Alaska Native Heritage Month.

The month of November each year is established as Alaska Native Heritage Month. Alaska Native Heritage Month may be observed by schools, community groups, and other public and private agencies and individuals with appropriate activities to honor and recognize the contributions made by Alaska Natives in the history of this state and the United States.

History. (§ 1 ch 29 SLA 2019)

Effective dates. —

Sec. 1, ch. 29, SLA 2019, which enacted this section, took effect on January 3, 2020.

Sec. 44.12.160. Teen Dating Violence Awareness and Prevention Month.

The month of February each year is established as Teen Dating Violence Awareness and Prevention Month. Teen Dating Violence Awareness and Prevention Month may be observed by schools, community groups, and other public and private agencies and individuals with appropriate activities that increase the public’s awareness of teen dating violence in the state, encourage Alaskans to pursue healthy relationships and learn the signs of teen dating violence, and promote prevention of and action to end teen dating violence.

History. (§ 3 ch 51 SLA 2018)

Effective dates. —

Section 3, ch. 51, SLA 2018, which enacted this section, took effect on October 9, 2018.

Sec. 44.12.162. Ashley Johnson-Barr Day.

Ashley Johnson-Barr Day is established on March 12 of each year to honor Ashley Johnson-Barr. Ashley Johnson-Barr Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 1 SLA 2020)

Effective dates. —

Section 1, ch. 1, SLA 2020, which enacted this section, took effect on June 10, 2020.

Sec. 44.12.165. Sobriety Awareness Month.

The month of March each year is established as Sobriety Awareness Month. Sobriety Awareness Month may be observed by schools, community groups, and other public and private agencies and individuals with appropriate activities that increase the public’s awareness of prevention and treatment of alcoholism, drug abuse, and misuse of hazardous volatile materials and substances by inhalant abusers.

History. (§ 2 ch 98 SLA 2018)

Revisor's notes. —

Enacted as AS 44.12.160 ; renumbered in 2018.

Effective dates. —

Section 1, ch. 105, SLA 2018, which enacted this section, took effect on December 10, 2018.

Sec. 44.12.170. Patriot Day.

Patriot Day is established on September 11 of each year to commemorate the terrorist attacks on the United States on September 11, 2001, and to honor the individuals who died or were injured in the attacks, the courageous first responders and other individuals who gave their lives to save others during the attacks, and the brave individuals who continue to serve and protect our nation, including military personnel, first responders, and health care providers. The governor shall direct that the Alaska flag be flown at half-mast on that day. Patriot Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 105 SLA 2018)

Revisor's notes. —

Enacted as AS 44.12.165 ; renumbered in 2018.

Effective dates. —

Section 1, ch. 105, SLA 2018, which enacted this section, took effect on December 10, 2018.

Sec. 44.12.175. Post-Traumatic Stress Injury Awareness Day.

Post-Traumatic Stress Injury Awareness Day is established on June 27 of each year to promote awareness of persons suffering from post-traumatic stress injury and to encourage Alaskans to reach out to those persons to provide support and eliminate the stigma associated with post-traumatic stress injury. Post-Traumatic Stress Injury Awareness Day may be observed by suitable observances and exercises by civic groups and the public.

History. (§ 1 ch 105 SLA 2018)

Revisor's notes. —

Enacted as AS 44.12.170 ; renumbered in 2018.

Effective dates. —

Section 1, ch. 105, SLA 2018, which enacted this section, took effect on December 10, 2018.

Sec. 44.12.180. Black History Month.

The month of February each year is established as Black History Month. Black History Month may be observed by schools, community groups, and other public and private agencies and individuals with appropriate activities to honor and recognize the contributions that African Americans have made in the history of this state and the United States.

History. (§ 1 ch 27 SLA 2019)

Effective dates. —

Sec. 1, ch. 27, SLA 2019, which enacted this section, took effect on December 18, 2019.

Article 3. State Agency Office Hours.

Sec. 44.12.200. State agency office hours.

It is the policy of the state that, to the extent practicable, state agency offices that are intended to provide services directly to the public shall schedule the hours of work of their employees so that the offices are open at the times most convenient to the individuals being served and staffed by employees working 40 hours per week. Each office shall review the preferences and needs of its clientele and shall recommend to the commissioner or other executive head of the state agency the most suitable hours of operation for that specific location. Each office shall periodically review its hours of operation.
In this section, “state agency” means a department, institution, board, commission, division, authority, public corporation, committee, or other administrative unit of the executive branch of state government, including the University of Alaska, the Alaska Railroad Corporation, and the Alaska Aerospace Corporation.

History. (§ 1 ch 20 SLA 1994)

Revisor’s notes. —

In 2009, under § 2, ch. 60, SLA 2009, in this section “Alaska Aerospace Corporation” was substituted for “Alaska Aerospace Development Corporation”.

Article 4. Official Language.

Revisor’s notes. —

AS 44.12.300 — 44.12.390 were enacted by 1998 Ballot Measure No. 6 and codified by the revisor of statutes in 1999, at which time internal references were conformed to reflect the codification.

Editor’s notes. —

For constitutionality of AS 44.12.300 — 44.12.390 , see Alaskans for a Common Language, Inc. v. Kritz, 170 P.3d 183 (Alaska 2007).

Sec. 44.12.300. Findings and purpose.

The people of the State of Alaska find that English is the common unifying language of the State of Alaska and the United States of America, and declare a compelling interest in promoting, preserving and strengthening its use.

History. (§ 1 1998 Ballot Measure No. 6)

Sec. 44.12.310. Official languages.

The English, Inupiaq, Siberian Yupik, Central Alaskan Yup’ik, Alutiiq, Unanga/Cx, Dena’ina, Deg Xinag, Holikachuk, Koyukon, Upper Kuskokwim, Gwich’in, Tanana, Upper Tanana, Tanacross, Hdn, Ahtna, Eyak, Tlingit, Haida, and Tsimshian languages are the official languages of the State of Alaska.
The designation of languages other than English as official languages of the state under (a) of this section does not require or place a duty or responsibility on the state or a municipal government to print a document or record or conduct a meeting, assembly, or other government activity in any language other than English.

History. (§ 1 1998 Ballot Measure No. 6; am §§ 1, 2 ch. 116 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective January 1, 2015, rewrote this section, which read: “Official language. The English language is the official language of the State of Alaska.”

Notes to Decisions

Constitutionality. —

The first sentence of AS 44.12.320 impacts the constitutionally protected speech of private citizens, elected government officials, and government employees. Where the Official English Initiative (codified as AS 44.12.300 -390) serves a compelling governmental interest, the means it uses are not sufficiently narrowly tailored to satisfy the Federal or AK constitutions. However, the first sentence of AS 44.12.320 can be severed to allow the second sentences to stand. Alaskans for a Common Language, Inc. v. Kritz, 170 P.3d 183 (Alaska 2007).

Sec. 44.12.320. Scope.

The English language is the language to be used by all public agencies in all government functions and actions. The English language shall be used in the preparation of all official public documents and records, including all documents officially compiled, published or recorded by the government.

History. (§ 1 1998 Ballot Measure No. 6)

Notes to Decisions

Constitutionality. —

Sec. 44.12.330. Applicability.

AS 44.12.300 — 44.12.390 apply to the legislative and executive branches of the State of Alaska and all political subdivisions, including all departments, agencies, divisions and instrumentalities of the State, the University of Alaska, all public authorities and corporations, all local governments and departments, agencies, divisions, and instrumentalities of local governments, and all government officers and employees.

History. (§ 1 1998 Ballot Measure No. 6)

Notes to Decisions

Constitutionality. —

Sec. 44.12.340. Exceptions.

The government, as defined in AS 44.12.330 , may use a language other than English when necessary for the following purposes:
1. to communicate health and safety information or when an emergency requires the use of a language other than English;
2. to teach another language to students proficient in English;
3. to teach English to students of limited English proficiency;
4. to promote international relations, trade, commerce, tourism, or sporting events;
5. to protect the constitutional and legal rights of criminal defendants;
6. to serve the needs of the judicial system in civil and criminal cases in compliance with court rules and orders;
7. to investigate criminal activity and protect the rights of crime victims;
8. to the extent necessary to comply with federal law, including the Native American Languages Act;
9. to attend or observe religious ceremonies;
10. to use non-English terms of art, names, phrases, or expressions included as part of communications otherwise in English; and
11. to communicate orally with constituents by elected public officials and their staffs, if the public official or staff member is already proficient in a language other than English.
An individual may provide testimony or make a statement to the government in a language other than English, if the individual is not an officer or employee of the government, and if the testimony or statement is translated into English and included in the records of the government.

History. (§ 1 1998 Ballot Measure No. 6)

Notes to Decisions

Constitutionality. —

First sentence of AS 44.12.320 is unconstitutional because it infringes on the speech rights of private citizens, elected government officials, and government employees; it could be severed from the rest of the initiative-based statute. Alaskans for a Common Language, Inc. v. Kritz, 170 P.3d 183 (Alaska 2007).

Sec. 44.12.350. Public accountability.

All costs related to the preparation, translation, printing, or recording of documents, records, brochures, pamphlets, flyers, or other material in languages other than English shall be defined as a separate line item in the budget of every governmental agency, department, or office.

History. (§ 1 1998 Ballot Measure No. 6)

Sec. 44.12.360. Non-denial of employment or services.

No governmental entity shall require knowledge of a language other than English as a condition of employment unless the requirements of the position fall within one of the exceptions provided in AS 44.12.340 , and facility in another language is a bona fide job qualification required to fulfill a function included within one of the exceptions.
No person may be denied services, assistance, benefits, or facilities, directly or indirectly provided by the government, because that person communicates only in English.

History. (§ 1 1998 Ballot Measure No. 6)

Sec. 44.12.370. Private sector excluded.

AS 44.12.300 — 44.12.390 shall not be construed in any way that infringes upon the rights of persons to use languages other than English in activities or functions conducted solely in the private sector, and the government may not restrict the use of language other than English in such private activities or functions.

History. (§ 1 1998 Ballot Measure No. 6)

Sec. 44.12.380. Private cause of action authorized.

Any person may bring suit against any governmental entity to enforce the provisions of AS 44.12.300 — 44.12.390 .

History. (§ 1 1998 Ballot Measure No. 6)

Sec. 44.12.390. Severability.

The provisions of AS 44.12.300 — 44.12.390 are independent and severable, and if any provision of AS 44.12.300 — 44.12.390 , or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of AS 44.12.300 — 44.12.390 shall not be affected and shall be given effect to the fullest extent practicable.

History. (§ 1 1998 Ballot Measure No. 6)

Notes to Decisions

Severability. —

Chapter 15. Organization of Executive Branch.

[Renumbered as AS 44.17.005 .]

Chapter 17. Organization and Administration of Departments.

Sec. 44.17.005. Offices and departments.

There are in the state government the following principal offices and departments:

Office of the Governor
Department of Administration
Department of Law
Department of Revenue
Department of Education and Early Development
Department of Health and Social Services
Department of Labor and Workforce Development
Department of Commerce, Community, and Economic Development
Department of Military and Veterans’ Affairs
Department of Natural Resources
Department of Fish and Game
Department of Public Safety
Department of Transportation and Public Facilities
Department of Environmental Conservation
Department of Corrections.

History. (§ 2 ch 64 SLA 1959; am § 1 ch 49 SLA 1963; am § 1 ch 103 SLA 1966; am § 1 ch 104 SLA 1971; am § 1 ch 120 SLA 1971; am § 1 ch 200 SLA 1972; am § 2 ch 207 SLA 1975; am § 94 ch 218 SLA 1976; am E.O. No. 39, §§ 7, 13 (1977); am E.O. No. 55, § 37 (1984); am E.O. No. 58, § 19 (1984); am § 84 ch 58 SLA 1999; am § 2 ch 47 SLA 2004)

Revisor’s notes. —

Formerly AS 44.15.010. Renumbered in 1980. Paragraphs (13)-(15) were formerly (15), (16), and (18), respectively; renumbered in 2004 to reflect the earlier repeals of former paragraphs (13), (14), and (17).

In 1999, “Department of Education” was changed to “Department of Education and Early Development” in paragraph (5), “Department of Labor” was changed to “Department of Labor and Workforce Development” in paragraph (7), and “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in paragraph (8) in accordance with §§ 88-90, ch. 58, SLA 1999.

Notes to Decisions

The University of Alaska cannot be allocated among the principal departments now identified under this section. University of Alaska v. National Aircraft Leasing, 536 P.2d 121 (Alaska 1975).

The University of Alaska is an instrumentality of the sovereign which enjoys in some limited respects a status which is co-equal rather than subordinate to that of the executive or the legislative arms of government. Therefore, it is not necessarily subject to such allocation under this section. University of Alaska v. National Aircraft Leasing, 536 P.2d 121 (Alaska 1975).

Former Alaska State-Operated School System is an agency of the state within the meanings of Civ. R. 4(d)(7) and (8), which require that a summons and complaint be served upon the attorney general or his designee, and within the meaning of Civ. R. 12(a), which allows a state agency 40 days after service within which to answer a complaint. Thus, the trial court erred in entering default judgment against the State-Operated School System, in effect holding that plaintiffs’ action was not against the state or an agency of the state. Alaska State-Operated Sch. Sys. v. Mueller, 536 P.2d 99 (Alaska 1975).

Applied in

Granato v. Occhipinti, 602 P.2d 442 (Alaska 1979).

Cited in

Aspen Exploration Corp. v. Sheffield, 739 P.2d 150 (Alaska 1987).

Collateral references. —

38 Am. Jur. 2d, Governor, §§ 5 to 8

63C Am. Jur. 2d, Public Officers and Employees, § 1 et seq

72 Am. Jur. 2d, States, Territories and Dependencies, §§ 64 to 66.

81A C.J.S., States, §§ 73 to 79, 145 to 162.

Sec. 44.17.010. Delegation of functions.

The principal executive officer of each state department may assign the functions vested in the department to subordinate officers and employees.

History. (§ 3 ch 64 SLA 1959)

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

For rural airports generally, see 17 AAC 45, art. 1.

Notes to Decisions

“Appropriate supervision, direction, and control.” —

The key concern of this section and AS 44.17.040 is that department heads, in delegating functions and appointing staff, “maintain appropriate supervision, direction, and control” over their subordinates, and the Department of Correction’s oversight of the Central Arizona Detention Center operations and finances was more than sufficient to meet this standard. Hertz v. State, 22 P.3d 895 (Alaska Ct. App. 2001).

Appointment of a special prosecutor. —

Neither the Alaska Constitution (Article III, section 22) nor the legislation permitting the establishment of the Department of Law (this section and AS 44.17.040 ) limits or deprives the attorney general of the power to appoint a special prosecutor when, in the wide discretion granted, the attorney general believes such an appointment to be in the public interest; the proper appointment of a special prosecutor in circumstances where the attorney general believes he and the Department of Law are disqualified by a conflict of interest is within the attorney general’s discretionary control over the legal business of the state. State v. Breeze, 873 P.2d 627 (Alaska Ct. App. 1994).

Quoted in

Cordova v. Medicaid Rate Comm'n., 789 P.2d 346 (Alaska 1990).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 1 et seq.

2A C.J.S., Agency, §§ 254 to 263

73 C.J.S., Public Administrative Law and Procedure, § 1 et seq.

Rights of prisoners in private prisons. 119 A.L.R.5th 1.

Sec. 44.17.020. Divisions.

The principal executive officer of each department may, with the approval of the governor, establish divisions or other administrative or organization units within the department in the interests of economy and efficiency and in accord with sound administrative principles and practices.

History. (§ 3 ch 64 SLA 1959)

Sec. 44.17.030. Regulations.

The principal executive officer of each department may adopt regulations, consistent with law or regulations established by the governor, for

the administration of the department;
the conduct of employees;
the distribution and performance of business; and
the custody, use, and preservation of the records, documents, and property pertaining to department business.

History. (§ 3 ch 64 SLA 1959)

Administrative Code. —

For intergovernmental relations, see 2 AAC 12, art. 14.

For municipal capital project matching grant program, see 3 AAC 154.

For unincorporated community capital project matching grant program, see 3 AAC 155.

For tender, acceptance, and conveyance of municipal trust land, see 3 AAC 190, art. 1.

For official recognition of village entities under AS 44.33.755(b) , see 3 AAC 190, art. 2.

For ascertaining the views of village residents where no organized village, see 3 AAC 190, art. 3.

For management of municipal trust land, see 3 AAC 190, art. 4.

For disposal by state of municipal trust land, see 3 AAC 190, art. 5.

For disposition of land and funds upon incorporation of a municipality in a native village, see 3 AAC 190, art. 6.

For policy on nondiscriminatory treatment, see 6 AAC 65, art. 1.

For complaint procedure, see 6 AAC 65, art. 2.

For document recording and filing, see 11 AAC 6.

For escheated real property, see 11 AAC 69.

For fire service operations, see 13 AAC 52.

For emergency guards, see 13 AAC 62.

For appearance, see 13 AAC 65.

For state ferries (Alaska marine highway), see 17 AAC 70, art. 1.

Sec. 44.17.040. Department staffs.

The principal executive officer of each department may establish necessary subordinate positions, make appointments to these positions, and remove persons appointed within the limitations of appropriations and subject to state personnel laws. Each person appointed to a subordinate position established by the principal executive officer is under the supervision, direction, and control of the officer.

History. (§ 5 ch 64 SLA 1959)

Notes to Decisions

Appointment of special prosecutor. —

Neither the Alaska Constitution (Article III, section 22) nor the legislation permitting the establishment of the Department of Law (AS 44.17.010 and this section) limits or deprives the attorney general of the power to appoint a special prosecutor when, in the wide discretion granted, the attorney general believes such an appointment to be in the public interest; the proper appointment of a special prosecutor in circumstances where the attorney general believes he and the Department of Law are disqualified by a conflict of interest is within the attorney general’s discretionary control over the legal business of the state. State v. Breeze, 873 P.2d 627 (Alaska Ct. App. 1994).

“Appropriate supervision, direction, and control.” —

The key concern of AS 44.17.010 and this section is that department heads, in delegating functions and appointing staff, “maintain appropriate supervision, direction, and control” over their subordinates, and the Department of Correction’s oversight of the Central Arizona Detention Center operations and finances was more than sufficient to meet this standard. Hertz v. State, 22 P.3d 895 (Alaska Ct. App. 2001).

Quoted in

Cordova v. Medicaid Rate Comm'n., 789 P.2d 346 (Alaska 1990).

Collateral references. —

Rights of prisoners in private prisons. 119 A.L.R.5th 1.

Sec. 44.17.050. Continuation of functions.

Each department exercising the functions, powers, and duties of a former department or agency is, for the purpose of succession to all rights, powers, duties, and obligations of the former department or agency, considered a continuation of the former department or agency. If a former agency is referred to by law, contract, or document, the reference is considered to apply to the department now exercising the functions of the former agency.

History. (§ 21 ch 64 SLA 1959; am § 1 ch 129 SLA 1959)

Sec. 44.17.060. Unassigned functions.

Administrative functions established by law that are not assigned by law to any department shall be assigned by the governor to that department which, in accordance with the organization of state government, can most appropriately and effectively perform the activity.

History. (§ 29 ch 64 SLA 1959)

Administrative Code. —

For policy on nondiscriminatory treatment, see 6 AAC 65, art. 1.

For complaint procedure, see 6 AAC 65, art. 2.

Sec. 44.17.070. Reorganization by department heads.

Subject to state personnel laws and the approval of the commissioner of administration, the principal executive officer of each department may, in the interest of improved management, abolish unnecessary offices and positions, transfer officers and employees between positions, and change the duties, titles, and compensation of existing offices and positions.

History. (§ 23 ch 64 SLA 1959)

Sec. 44.17.080. Appearance before the legislature.

The principal executive officer of each department and each employee of a department of the state government may not appear before the legislature to present requests or information pertaining to appropriations or revenue bills unless called upon to do so by the legislature or by a committee of the legislature.

History. (§ 10-1-6 ACLA 1949)

Chapter 19. Office of the Governor.

Administrative Code. —

For governor, see 6 AAC, part 8.

Article 1. Powers and Duties.

Revisor’s notes. —

In 1971 “lieutenant governor” was substituted for “secretary of state” in this article to conform with the 1970 amendment to the state constitution.

Administrative Code. —

For lieutenant governor, see 6 AAC, part 7.

Sec. 44.19.010. Office of the Governor.

The Office of the Governor includes the lieutenant governor, the budget officer, and the staff that the governor finds necessary to administer the executive powers of the state.

History. (§ 7 ch 64 SLA 1959)

Collateral references. —

38 Am. Jur. 2d, Governor, §§ 1 et seq.

63C Am. Jur. 2d, Public Officers and Employees, § 1 et seq.

72 Am. Jur. 2d, States, Territories and Dependencies, § 64.

81A C.J.S., States, §§ 73 to 75, 145 to 174, 240 to 242.

Construction and application, under state law, of doctrine of “executive privilege.” 10 ALR4th 355.

Sec. 44.19.015. State budget.

The governor shall direct the preparation and administration of the state budget.

History. (§ 3 ch 97 SLA 1976)

Cross references. —

For duties of the governor relating to the budget, see AS 37.07.020 .

Sec. 44.19.017. International trade.

The Office of the Governor is authorized to foster the growth of
1. trade between Alaska and foreign countries; and
2. international trade within the state and administer Alaska foreign offices.
The governor shall maintain foreign offices, including an office located in Tokyo, Japan and Seoul, Republic of Korea. The foreign offices shall serve as outlets for information related to economic development, resources, and trade and as contact points for government and private industry of Alaska and the Pacific Rim nations of Asia and other foreign countries to promote and maintain trade between the state and those countries.
The governor shall staff the foreign offices with persons the governor selects based on their experience, training, and linguistic ability. The governor shall solicit ideas from the legislature regarding desirable staff qualifications and its recommendations of persons to staff the offices. The governor may hire additional personnel as necessary.
The governor shall direct all state agencies, and request the federal government and private industry, to provide necessary reports, brochures, and information requested by the governor.
The governor shall prepare a report annually on the activities and accomplishments of the Office of the Governor under this section and notify the legislature that the report is available.
The expenses of operating the activities of the Office of the Governor under this section, including its foreign offices, shall be included in appropriations made to the Office of the Governor.

History. (E.O. No. 112, § 2 (2004))

Sec. 44.19.020. Duties of the lieutenant governor.

The lieutenant governor shall

administer state election laws;
appoint notaries public;
adopt regulations under AS 44.62 (Administrative Procedure Act) that establish for the broadcasting of notices under AS 44.62.190 and 44.62.310(e) the frequency of the broadcasts, appropriate broadcast times, and the locations for the broadcasts; the regulations must be reasonably calculated to provide the widest possible exposure of the notices.

History. (§ 7 ch 64 SLA 1959; am § 5 ch 74 SLA 1991)

Revisor’s notes. —

Formerly AS 44.19.030 . Renumbered in 1980. Former AS 44.19.020 , relating to the Pioneers’ Home, was repealed by E.O. No. 30 (1968).

Cross references. —

For election laws, see AS 15; for notaries public, see AS 44.50.

Administrative Code. —

For broadcasting of certain public notices, see 6 AAC 90.

Notes to Decisions

Quoted in

Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Collateral references. —

63C Am. Jur. 2d, Public Officers and Employees, § 18

72 Am. Jur. 2d, States, Territories and Dependencies, § 64.

81A C.J.S., States, § 243.

Sec. 44.19.022. Custodian of state seal.

The lieutenant governor is the custodian of the state seal.

History. (§ 7 ch 64 SLA 1959)

Revisor’s notes. —

Formerly AS 44.19.040 . Renumbered in 1980.

Notes to Decisions

Cited in

Robart v. State, 82 P.3d 787 (Alaska Ct. App. 2004).

Sec. 44.19.023. State museum management. [Repealed, E.O. No. 34 (1974).]

Sec. 44.19.024. Fees for issuing certificate.

For issuing each certificate with the seal of the state affixed, the lieutenant governor shall collect a fee of $5 for each certificate.

History. (§ 6-1-7 ACLA 1949; am § 6 ch 60 SLA 2005)

Revisor’s notes. —

Formerly AS 44.19.045 . Renumbered in 1980.

Sec. 44.19.025. [Renumbered as AS 44.99.001.]

Sec. 44.19.026. Designation of temporary substitute for lieutenant governor.

The lieutenant governor may designate a head of a principal executive department, or more than one such officer in the alternative, who shall temporarily be custodian of the state seal and perform the authenticating functions of the lieutenant governor during such time as the lieutenant governor succeeds to the office of governor, acts as governor, is absent from the state, or otherwise is not available at the state capital to perform the above authenticating functions. The designation shall be in writing, signed by the lieutenant governor, and filed in the office of the lieutenant governor. The designation is effective until revoked by a later designation executed and filed in the same manner.

History. (§ 1 ch 22 SLA 1962)

Revisor’s notes. —

Formerly AS 44.19.050. Renumbered in 1980.

Sec. 44.19.027. Emergency assistance transportation.

If the governor determines that public safety or health conditions in an area of the state require emergency assistance, the governor may use state-owned and state-operated transportation facilities, aircraft, vessels of the Alaska marine highway system, or railroad rolling stock of the Alaska Railroad to deliver compassionate aid for distribution to the affected area, including food, water, fuel, clothing, medicine, and other supplies provided by nonprofit organizations.

History. (§ 1 ch 40 SLA 2010)

Revisor’s notes. —

Enacted as AS 44.19.051. Renumbered in 2010.

Sec. 44.19.028. Interim boards.

The governor may establish the interim advisory boards, councils, and commissions the governor considers necessary. The governor may prescribe the functions and authority of interim boards, councils, and commissions and fix the compensation of their members. An interim board, council, or commission remains in existence only until the adjournment of the next regular or reconvened session of the legislature.

History. (§ 20 ch 64 SLA 1959; am § 95 ch 59 SLA 1982)

Revisor’s notes. —

Formerly AS 44.19.060. Renumbered in 1980.

Sec. 44.19.030. Printing governor’s message.

The governor shall have the governor’s message printed and distributed to each member of the legislature within 24 hours after it is delivered or with all possible speed.

History. (§ 5-1-6 ACLA 1949)

Revisor’s notes. —

Formerly AS 44.19.070 . Renumbered in 1980. Also in 1980, former AS 44.19.030 was renumbered as AS 44.19.020 .

Sec. 44.19.035. Jones Act repeal.

The governor shall use best efforts and all appropriate means to persuade the United States Congress to repeal those provisions of the Jones Act formerly codified at 46 U.S.C. 861, et seq.

History. (1983 Initiative Proposal No. 2, § 4; am § 22 ch 126 SLA 1994; am § 47 ch 40 SLA 2008)

Cross references. —

For current federal law, see 46 U.S.C. 50101 et seq.

Notes to Decisions

This section is valid. —

This section does not usurp the executive’s powers, is not the exercise of an executive or quasi-judicial function, and is not an exercise of power barred to the law makers by the constitution; accordingly, it is valid. Yute Air Alaska v. McAlpine, 698 P.2d 1173 (Alaska 1985).

Article 2. Succession.

Revisor’s notes. —

In 1971 “lieutenant governor” was substituted for “secretary of state” in this article to conform with the 1970 amendment to the state constitution.

Sec. 44.19.040. Appointment of successor to lieutenant governor.

After taking an initial term of office, the governor shall appoint, from among the officers who head the principal departments of the state government or otherwise, a person to succeed to the office of lieutenant governor if the office of lieutenant governor becomes vacant. The appointment is subject to confirmation by a majority of the members of the legislature meeting in joint session. The person designated and confirmed is next in line for succession to the office of lieutenant governor, subject to the pleasure of the governor. If the person designated and confirmed is removed from or vacates the appointment, the governor shall appoint a successor subject to confirmation in the same manner as the person initially appointed.

History. (§ 2 ch 174 SLA 1959)

Revisor’s notes. —

Formerly AS 44.19.120. Renumbered in 1980. Also in 1980, former AS 44.19.040 was renumbered as AS 44.19.022 .

Collateral references. —

63C Am. Jur. 2d, Public Officers and Employees, § 107.

81A C.J.S., States, § 174.

Sec. 44.19.042. Succession to office.

If a vacancy occurs in the office of governor and the regularly elected lieutenant governor succeeds to the office of governor as provided by art. III, § 11, of the constitution, or if the office of lieutenant governor otherwise becomes vacant, the person designated as next successor to the office of lieutenant governor as provided in AS 44.19.040 succeeds to the office of lieutenant governor for the remainder of the term vacated, or until a special election is held. When the person appointed under AS 44.19.040 succeeds to the office of lieutenant governor, the governor shall appoint a person to succeed to the office of lieutenant governor in case of a subsequent vacancy.

History. (§ 3 ch 174 SLA 1959)

Revisor’s notes. —

Formerly AS 44.19.130. Renumbered in 1980.

Sec. 44.19.044. Special election in case of second vacancy in office of governor.

If the regularly elected lieutenant governor succeeds to the office of governor as provided in the constitution and thereafter, during the same regular gubernatorial term, the office of governor again becomes vacant, the appointed lieutenant governor succeeds to the office of acting governor until a special election to elect a governor and lieutenant governor is held.

History. (§ 4 ch 174 SLA 1959)

Revisor’s notes. —

Formerly AS 44.19.140 . Renumbered in 1980.

Cross references. —

For special election, see AS 15.40.230 — 15.40.310 .

Sec. 44.19.045. [Renumbered as AS 44.19.024.]

Sec. 44.19.046. Simultaneous vacancies.

If vacancies in the office of governor and the office of lieutenant governor occur simultaneously, the person appointed under AS 44.19.040 succeeds directly to the office of acting governor until successors to the respective offices are elected in a special election.

History. (§ 5 ch 174 SLA 1959)

Revisor’s notes. —

Formerly AS 44.19.150 . Renumbered in 1980.

Cross references. —

For special election, see AS 15.40.230 — 15.40.310 .

Secs. 44.19.048 — 44.19.052. Disaster and emergency relief funds. [Repealed, § 18 ch 178 SLA 1990. For current law, see AS 26.23.300 — 26.23.400.]

Secs. 44.19.054 — 44.19.062. State Geographic Board. [Repealed, E.O. No. 83, § 20 (1993).]

Secs. 44.19.064 — 44.19.068. International Development Commission. [Repealed, § 2 ch 97 SLA 1986.]

Sec. 44.19.070. Administration. [Repealed, § 2 ch 97 SLA 1986. Former AS 44.19.070 was renumbered as AS 44.19.030 in 1980.]

Sec. 44.19.072. Duties of commission. [Repealed, § 2 ch 97 SLA 1986.]

Sec. 44.19.074. Alaska State Office. [Repealed, E.O. No. 57, § 4 (1984).]

Sec. 44.19.075. Alaska foreign offices established. [Repealed, E.O. No. 79, § 5 (1991).]

Secs. 44.19.076 — 44.19.078. Personnel; information. [Repealed, E.O. No. 57, § 4 (1984).]

Sec. 44.19.080. Annual report. [Repealed, E.O. No. 57, § 4 (1984). Former AS 44.19.080 was renumbered as AS 44.99.002 in 1980.]

Sec. 44.19.082. Expenses. [Repealed, E.O. No. 57, § 4 (1984).]

Secs. 44.19.084 — 44.19.089. Commission for Northern Operations of Rail Transportation and Highways. [Repealed, § 96 ch 59 SLA 1982.]

Sec. 44.19.090. Powers and duties. [Repealed, § 96 ch 59 SLA 1982. Former AS 44.19.090 was renumbered as AS 44.99.003 in 1980.]

Sec. 44.19.100. Report. [Repealed, § 96 ch 59 SLA 1982. Former AS 44.19.100 was renumbered as AS 44.99.004 in 1980.]

Secs. 44.19.101 — 44.19.105. Rural Affairs Commission. [Repealed, § 13 ch 43 SLA 1994.]

Secs. 44.19.110 — 44.19.114. Establishment of the commission; membership of the commission; compensation and per diem. [Repealed, § 24 ch 22 SLA 2001.]

Sec. 44.19.115. [Renumbered as AS 44.99.006.]

Secs. 44.19.116 — 44.19.122. Grants and other aid; commission as state planning agency; duties of state planning agency. [Repealed, § 24 ch 22 SLA 2001.]

Secs. 44.19.123 — 44.19.130. Involvement of Young People in Government. [Repealed, § 13 ch 43 SLA 1994.]

Secs. 44.19.131 — 44.19.135. Commission on the Conference of the Law of the Sea. [Repealed, § 2 ch 97 SLA 1986.]

Sec. 44.19.140. Powers. [Repealed, § 2 ch 97 SLA 1986. Former AS 44.19.140 was renumbered as AS 44.19.044 in 1980.]

Article 3. Office of Management and Budget.

Sec. 44.19.141. Alaska office of management and budget.

There is in the Office of the Governor the Alaska office of management and budget.

History. (§ 2 ch 103 SLA 1966; am § 11 ch 207 SLA 1975; am § 15 ch 63 SLA 1983)

Revisor’s notes. —

Formerly AS 44.19.870 . Renumbered in 1980.

Cross references. —

For legislative purpose and intent in enacting ch. 63, SLA 1983, see § 1, ch 63, SLA 1983, in the Temporary and Special Acts.

Sec. 44.19.142. Director.

The office of management and budget is administered by a director who is appointed by, and serves at the pleasure of, the governor.

History. (§ 1 ch 219 SLA 1970; am § 12 ch 207 SLA 1975; am § 16 ch 63 SLA 1983)

Revisor’s notes. —

Formerly AS 44.19.871. Renumbered in 1980.

Sec. 44.19.143. Personnel.

The director shall employ such personnel as may be necessary to carry out the provisions of AS 44.19.141 — 44.19.152 and the relevant provisions of AS 37.07.

History. (§ 1 ch 219 SLA 1970; am § 17 ch 63 SLA 1983)

Revisor’s notes. —

Formerly AS 44.19.875. Renumbered in 1980.

Sec. 44.19.144. Powers and duties of the director.

The director shall
1. supervise and administer the activities of the office;
2. advise the governor on matters of comprehensive state planning.
3. [Repealed, § 35 ch 126 SLA 1994.]
The director may
1. with the written concurrence of the governor, enter into contracts and subcontracts on behalf of the state to carry out the provisions of AS 44.19.141 — 44.19.152 ; contracting under this paragraph is governed by AS 36.30 (State Procurement Code);
2. act for the state in the initiation, investigation, evaluation of or participation in any program relative to the stated purpose of AS 44.19.141 — 44.19.152 that may involve more than one government or governmental unit;
3. on behalf of the state, accept and expend any gifts or grants made to the state with the approval of the governor when the gifts or grants were made for the purposes of furthering the objectives of the office.

History. (§ 1 ch 219 SLA 1970; am §§ 18, 19 ch 63 SLA 1983; am § 43 ch 106 SLA 1986; am § 35 ch 126 SLA 1994)

Revisor’s notes. —

Formerly AS 44.19.877. Renumbered in 1980.

Sec. 44.19.145. Functions and duties of the office; authority to establish coordinating and advisory planning groups.

The office shall
1. provide technical assistance to the governor and the legislature in identifying long range goals and objectives for the state and its political subdivisions;
2. prepare and maintain a state comprehensive development plan;
3. provide information and assistance to state agencies to aid in governmental coordination and unity in the preparation of agency plans and programs;
4. review planning within state government as may be necessary for receipt of federal, state, or other funds;
5. participate with other countries, provinces, states, or subdivisions of them in international or interstate planning, and assist the state’s local governments, governmental conferences, and councils in planning and coordinating their activities;
6. encourage educational and research programs that further state planning and development, and provide administrative and technical services for them;
7. publish statistical information or other documentary material that will further the provisions and intent of AS 44.19.141 — 44.19.152 ;
8. assist the governor and the Department of Commerce, Community, and Economic Development in coordinating state agency activities that have an effect on the solution of local and regional development problems;
9. serve as a clearinghouse for information, data, and other materials that may be helpful or necessary to federal, state, or local governmental agencies in discharging their respective responsibilities or in obtaining federal or state financial or technical assistance;
10. review all proposals for the location of capital improvements by any state agency and advise and make recommendations concerning location of these capital improvements;
11. [Repealed, E.O. No. 106, § 15 (2003).]
12. conduct internal audits of agencies and programs within the executive branch of state government.
The office shall, in carrying out its functions, consult with local, regional, state, and federal officials, private groups and individuals, and with officials of other countries, provinces, and states, and may hold public hearings to obtain information for the purpose of carrying out the provisions of AS 44.19.141 — 44.19.152 .
The governor may establish coordinating or advisory planning groups.
The office shall
1. coordinate its services and activities with those of other state departments and agencies to the fullest extent possible to avoid duplication;
2. [Repealed, § 35 ch 126 SLA 1994.]
3. cooperate with the University of Alaska and other appropriate public and private institutions in research and investigations.

History. (§ 2 ch 103 SLA 1966; am § 2 ch 219 SLA 1970; am § 2 ch 60 SLA 1972; am §§ 8, 10 ch 200 SLA 1972; am § 5 ch 207 SLA 1975; am § 20 ch 63 SLA 1983; am § 1 ch 44 SLA 1990; am § 35 ch 126 SLA 1994; am § 50 ch 58 SLA 1999; am § 2 ch 52 SLA 2003; am E.O. No. 106, § 15 (2003))

Revisor’s notes. —

Formerly AS 44.19.880. Renumbered in 1980.

In 2004, in (a)(8) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For a provision requesting the governor to establish an advisory planning group under this section to advise the governor on municipal involvement in a North Slope natural gas project, and outlining duties and annual reporting requirements for that advisory planning group, see sec. 74, ch. 14, SLA 2014 in the 2014 Temporary and Special Acts.

Editor’s notes. —

Section 3, ch. 44, SLA 1990 provides that the 1990 amendment to (a) of this section is retroactive to March 11, 1984.

Notes to Decisions

Competitive sale of oil and gas development rights to offshore state land constituted a project requiring a review and finding by the Office of Management and Budget as to whether the project was consistent with the Alaska Coastal Management Program. Trustees for Alaska v. State, Dep't of Nat. Res., 795 P.2d 805 (Alaska 1990).

Consistency determinations by Department of Natural Resources. —

The legislature had amended former paragraph (a)(11) to permit the Department of Natural Resources to make consistency determinations pursuant to AS 46.40.010 . Trustees for Alaska v. State, Dep't of Nat. Res., 851 P.2d 1340 (Alaska 1993).

Consistency determination to be in state’s best interest. —

The Department of Natural Resources consistency determination is one section of its finding, made in accordance with AS 38.05.035(e) , that a sale would serve the State’s best interest. Trustees for Alaska v. State, Dep't of Nat. Res., 851 P.2d 1340 (Alaska 1993).

Consistency determination to identify hazards. —

The Department of Natural Resources is to identify and report on known and, as to areas of high development potential, substantially possible areas of geographical hazards within the land for which it is making a consistency determination. Trustees for Alaska v. State, Dep't of Nat. Res., 851 P.2d 1340 (Alaska 1993).

Cited in

Alaska Ctr. for the Env't v. State, 80 P.3d 231 (Alaska 2003).

Sec. 44.19.147. Internal audit records.

The office shall keep a complete file of internal audit reports resulting from audits conducted under AS 44.19.145(a) , and a complete file of the internal audit work papers and other related supportive material. Internal audit work papers and other related supportive material are confidential, and internal audit reports are confidential until released by the governor. However, internal audit work papers and other related supportive material containing information, data, estimates, and statistics obtained during the course of an audit conducted under AS 44.19.145(a) may be kept confidential only to the extent required by law applicable to the agency from which the material is or was obtained.

History. (§ 3 ch 52 SLA 2003)

Legislative history reports. —

For governor’s transmittal letter for ch. 52, SLA 2003 (HB 243), see 2003 House Journal 770.

Sec. 44.19.150. [Renumbered as AS 44.19.046.]

Sec. 44.19.152. Definitions.

In AS 44.19.141 — 44.19.152 ,

“director” means the director of the office of management and budget;
“office” means the Alaska office of management and budget.

History. (§ 1 ch 219 SLA 1970; am § 13 ch 207 SLA 1975; am § 21 ch 63 SLA 1983; am § 2 ch 44 SLA 1990; am E.O. No. 106, § 15 (2003))

Revisor’s notes. —

Formerly AS 44.19.881. Renumbered in 1980.

Secs. 44.19.155 — 44.19.162. Alaska Coastal Policy Council. [Repealed, E.O. No. 106, § 15 (2003).]

Secs. 44.19.165 — 44.19.171. Alaska Women’s Commission. [Repealed, E.O. No. 84, § 9 (1993). For current law, see AS 44.19.600.]

Sec. 44.19.173. [Repealed, § 1 ch 63 SLA 1975.]

Sec. 44.19.175. Powers and duties. [Repealed, E.O. No. 84, § 9 (1993).]

Sec. 44.19.177. [Renumbered as AS 44.19.049.]

Sec. 44.19.179. [Renumbered as AS 44.19.052.]

Sec. 44.19.180. Annual report. [Repealed, E.O. No. 84, § 9 (1993).]

Secs. 44.19.181 — 44.19.188. Yukon-Taiya Commission. [Repealed, § 13 ch 43 SLA 1994.]

Sec. 44.19.189. [Repealed, E.O. No. 46, § 2 (1980).]

Sec. 44.19.190. Commission on transportation. [Repealed, § 2 ch 97 SLA 1986. Former AS 44.19.190 was repealed by § 10 ch 200 SLA 1972.]

Sec. 44.19.191. Powers and duties. [Repealed, § 2 ch 97 SLA 1986. Former AS 44.19.191 was renumbered as AS 44.47.160 in 1980.]

Sec. 44.19.192. Staff. [Repealed, § 2 ch 97 SLA 1986.]

Secs. 44.19.200 — 44.19.210. Local Affairs Agency. [Repealed, § 10 ch 200 SLA 1972. For current provisions, see generally AS 44.47.]

Secs. 44.19.220 — 44.19.240. Rural Development. [Repealed, § 1 ch 69 SLA 1964. For current provisions, see AS 44.47.130 — 44.47.190.]

Sec. 44.19.250. [Renumbered as AS 44.47.565.]

Secs. 44.19.251 — 44.19.265. Alaska Research Policy Act. [Repealed, E.O. No. 90 § 5 (1994).]

Secs. 44.19.270 — 44.19.340. [Renumbered as AS 44.47.569 — 44.47.583.]

Secs. 44.19.350 — 44.19.440. [Renumbered as AS 44.19.054— 44.19.072.]

Secs. 44.19.441 — 44.19.449. Equal Employment Opportunity. [Repealed, E.O. No. 78, § 4 (1991).]

Secs. 44.19.450 — 44.19.458. Office of Equal Employment Opportunity. [Repealed, E.O. No. 104, § 4 (2003). For current law, see AS 39.28.]

Sec. 44.19.460. [Renumbered as AS 44.31.100.]

Secs. 44.19.461, 44.19.466. Alaska Historical Commission. [Repealed, E.O. No. 43, § 2 (1980). For current law, see AS 44.35.300 — 44.35.380.]

Sec. 44.19.470. [Renumbered as AS 44.31.110.]

Secs. 44.19.471, 44.19.476. [Repealed, E.O. No. 43, § 2 (1980).]

Sec. 44.19.480. [Renumbered as AS 44.31.120.]

Secs. 44.19.481, 44.19.486. [Repealed, E.O. No. 43, § 2 (1980).]

Sec. 44.19.490. [Renumbered as AS 44.31.130.]

Secs. 44.19.491, 44.19.496. [Repealed, E.O. No. 43, § 2 (1980).]

Sec. 44.19.500. [Renumbered as AS 44.31.140.]

Sec. 44.19.501. [Repealed, E.O. No. 43, § 2 (1980).]

Secs. 44.19.502 — 44.19.506. Telecommunications Information Council; Powers and duties; Court system. [Repealed, E.O. No. 113 § 18 (2005).]

Sec. 44.19.510. [Renumbered as AS 44.31.150.]

Sec. 44.19.519. Definitions. [Repealed, E.O. No. 113 § 18 (2005).]

Sec. 44.19.520. [Renumbered as AS 44.31.160.]

Secs. 44.19.521 — 44.19.529. Alaska Commission on Children and Youth. [Repealed by E.O. No. 84, § 9 (1993). For current law, see AS 44.19.600.]

Secs. 44.19.530 — 44.19.560. [Renumbered as AS 44.31.170 — 44.31.200.]

Secs. 44.19.561 — 44.19.577. [Repealed, § 3 ch 73 SLA 1990.]

Sec. 44.19.580. Rural Development Agency. [Repealed, § 10 ch 200 SLA 1972. For current law, see AS 44.47.130 — 44.47.190.]

Sec. 44.19.581. [Renumbered as AS 44.99.009.]

Sec. 44.19.590. [Repealed, § 10 ch 200 SLA 1972.]

Sec. 44.19.591. [Renumbered as AS 44.99.010.]

Secs. 44.19.600 — 44.19.620. [Repealed, § 10 ch 200 SLA 1972.]

Article 4. Alaska Human Relations Commission.

Sec. 44.19.600. Creation of commission; composition.

There is created in the Office of the Governor the Alaska Human Relations Commission.
The commission consists of two executive-branch members and seven public members, appointed by the governor, who serve at the pleasure of the governor.
At least one public member must be a person who manages a household that includes the person’s spouse and at least one child and who is not otherwise employed. At least one public member must be under the age of 21 at the time of appointment.

History. (E.O. No. 84 § 7 (1993))

Revisor’s notes. —

This section number has been used twice, once for the material added by sec. 2, ch. 69, SLA 1964, amended by sec. 1, ch. 101, SLA 1965, and repealed by sec. 10, ch. 200, SLA 1972; and the second time for the material added by E.O. 84.

Sec. 44.19.602. Appointment; officers.

The members shall be appointed on a nonpartisan and nondiscriminatory basis by the governor. In making the appointments, the governor shall give due consideration to
1. the recommendations made by civic organizations, women’s organizations, educational and vocational groups, employer groups, labor unions, church groups, homemakers’ clubs and organizations, and other groups having an interest in the welfare and status of women;
2. statewide geographical representation of the commission;
3. minority and low-income representation;
4. representation of senior citizens, persons with disabilities, and persons from a variety of occupational categories; and
5. representation of persons with different marital statuses and persons with various numbers of children.
The commission shall elect one of its members as chair. The chair may appoint other officers as necessary.

History. (E.O. No. 84 § 7 (1993))

Revisor’s notes. —

In 2009, under AS 01.05.031 , in (a)(1) of this section, the revisor of statutes substituted “homemakers’ ” for “homemaker’s” in order to correct a grammatical error.

Sec. 44.19.604. Terms of office; compensation.

The term of office of a member of the commission is three years. Terms shall be staggered. A member may not serve more than six consecutive years.
A vacancy shall be filled in the same manner as the original appointment. A person appointed to a vacancy serves for the unexpired portion of a term.
Public members of the commission receive no compensation for their services but are entitled to per diem and travel allowances authorized by law for other boards and commissions.

History. (E.O. No. 84 § 7 (1993))

Sec. 44.19.606. Meetings.

A majority of the members constitutes a quorum for conducting business and exercising the powers of the commission. The commission shall meet at the call of the chairperson, at the request of the majority of the members, or at a regularly scheduled time as determined by a majority of the members.

History. (E.O. No. 84 § 7 (1993))

Sec. 44.19.608. Purpose and powers relating to women’s issues.

A purpose of the commission is to improve the status of women in the state by conducting research, by serving as a referral service for information and education that will help women avail themselves of existing resources to meet their needs, and by making and implementing recommendations on the opportunities, needs, problems, and contributions of women in the state including
1. education;
2. homemaking;
3. civil and legal rights; and
4. labor and employment.
To accomplish this purpose, the commission may
1. act as a clearinghouse and coordinating body for government and nongovernment information relating to the status of women;
2. cooperate with public and private agencies in joint efforts to study and resolve problems relating to the status of women in Alaska;
3. accumulate and compile information concerning discrimination against women;
4. disseminate the results of research and compilation of data acquired under (3) of this subsection by publication and other methods such as public hearings, conferences, and seminars;
5. study and analyze all facts relating to Alaska laws, regulations, and guidelines with respect to equal protection for women under the state constitution;
6. recommend legislative and administrative action on equal treatment and opportunities for women;
7. encourage women to utilize their capabilities and to assume leadership roles;
8. encourage the development of regional and municipal women’s councils or commissions.

History. (E.O. No. 84 § 7 (1993))

Sec. 44.19.610. Duties relating to children’s issues.

The commission shall develop a comprehensive statewide plan that identifies the needs of children and youth, individually and as they relate to their families, and make recommendations to enhance their quality of life. In meeting this charge, the commission may
1. recommend the services and programs that should be available for children and families in the areas of child care, health, social services, education, special education, child protection, parent and staff training, nutrition, poverty, mental health, safety, and employment of youth;
2. identify the service needs of children and where gaps and overlaps in services exist;
3. monitor the emerging needs of and problems facing children, and develop effective, comprehensive, and coordinated strategies to address those needs and problems;
4. develop and recommend adoption of a process for monitoring and evaluating children’s programs;
5. provide opportunities for the public to participate in the planning and development of children’s programs and policies;
6. receive and act upon requests for recommendations from parents, state officials, members of state advisory committees, legislators, representatives of the state court system, and providers of children’s services on matters related to children and youth;
7. meet with and make recommendations to state officials and members of advisory committees who are responsible for the expenditure of state and federal money and provide recommendations to the legislature and the department on structural and procedural changes, contracting of services, establishment of standards, and the consolidation of efforts designed to deliver services in a more cost-effective manner;
8. serve as a statewide clearinghouse for government and nongovernment programs and resources relating to children, youth, and families;
9. serve as an advocate for the interests of children by informing the public, including leaders of the business community, educators, local and state officials, the legal system, and the communications media of the nature and scope of problems faced by children;
10. coordinate efforts and consult and cooperate with persons, departments, organizations, and groups, including other boards and commissions, interested in the problems and concerns of children and youth; and
11. make recommendations to the governor, legislature, and state officials with respect to legislation, regulations, and appropriations for programs or services that benefit children and youth.

History. (E.O. No. 84 § 7 (1993))

Revisor’s notes. —

This section number has been used twice, once for the material added by sec. 2, ch. 69, SLA 1964, amended by secs. 2-4, ch. 101, SLA 1965, and repealed by sec. 10, ch. 200, SLA 1972; and the second time for the material added by E.O. 84.

Sec. 44.19.612. General powers.

The commission may

use voluntary and uncompensated services of private persons and organizations as may be made available to the commission;
select and retain the services of consultants whose advice is considered necessary to assist the commission in obtaining information;
establish standing committees among the members to investigate and make recommendations on various areas of concern;
create task forces composed of commission members and other experts as needed;
hold public hearings;
establish and maintain an office in Anchorage, or at a location determined to be the most appropriate location by a majority vote of the commission, and hire an executive director and technical and clerical staff that are necessary to perform the duties of the commission;
accept monetary gifts or grants from the federal government or an agency of it, from any charitable foundation or professional association or from any other reputable sources for implementation of any program necessary or desirable for carrying out the purposes of the commission;
take other actions reasonably necessary to carry out the duties of the commission.

History. (E.O. No. 84 § 7 (1993))

Sec. 44.19.614. Methodology.

When conducting research, acting as a referral service, serving as a forum for ideas, and developing recommendations related to the welfare of women, the commission shall solicit and consider information and views from a variety of constituencies in order to represent the broad spectrum of diversity that exists with respect to possible approaches for meeting women’s needs in the state.
In formulating the strategy to address the needs of and problems facing children, the commission shall actively solicit advice and information from children and youth of all ages and socioeconomic backgrounds. The commission shall also seek advice and information from parents and children’s services providers, including those with expertise in the areas of mental health, health care, prenatal care, adolescent drug and alcohol treatment, education, special education, early childhood education, early childhood special education, nonprofit funding sources, child abuse and neglect, domestic violence, child care, dependence, delinquency and the justice system, minority issues, and family support systems.

History. (E.O. No. 84 § 7 (1993))

Sec. 44.19.616. Annual report.

The commission shall prepare and publish an annual report on the status of children and women in the state, the commission’s proceedings for the previous calendar year, and its recommendations and proposals for change. The commission shall provide the governor with copies of the report by the 15th day of each regular legislative session and notify the legislature that the report is available.

History. (E.O. No. 84 § 7 (1993); am § 86 ch 21 SLA 1995)

Sec. 44.19.618. Technical assistance and staff support.

The executive branch departments shall cooperate with the commission and provide technical assistance to the commission upon the request of the commission. The commission may use legal, technical, secretarial, and administrative services as may be provided by the governor.

History. (E.O. No. 84 § 7 (1993))

Secs. 44.19.620 — 44.19.627. Establishment of council, appointment, compensation, officers, meetings, council as state planning entity, functions of council, and administration. [Repealed, § 85 ch 58 SLA 1999.]

Secs. 44.19.635 — 44.19.639. Alaska Seismic Hazards Safety Commission. [Repealed, E.O. No. 105, § 4 (2003). For current law, see AS 44.37.065 — 44.37.069.]

Revisor’s notes. —

Executive Order 105 identifies the last of the three sections repealed as “AS 44.17.639.” This was interpreted as a repeal of AS 44.19.639 to correct a manifest error.

Sec. 44.19.640. [Renumbered as AS 44.19.074.]

Article 5. Alaska Criminal Justice Commission.

Effective dates. —

Section 42, ch. 83, SLA 2014 makes this article effective July 1, 2014.

Sec. 44.19.641. Creation of commission.

The Alaska Criminal Justice Commission is established in the Office of the Governor.

History. (§ 32 ch 83 SLA 2014)

Cross references. —

For expiration of commission see AS 44.66.010(a) .

Sec. 44.19.642. Membership; staff.

The commission consists of 14 members as follows:
1. the chief justice of the Alaska Supreme Court or another active or retired justice of the supreme court or an active or retired judge of the court of appeals designated by the chief justice;
2. an active or retired superior court judge designated by the chief justice for a three-year term;
3. an active or retired district court judge designated by the chief justice for a three-year term;
4. a member of the Alaska Native community designated by the Alaska Native Justice Center for a three-year term;
5. the attorney general or a designee of the attorney general;
6. the public defender or a designee of the public defender;
7. the commissioner of corrections or the commissioner’s designee;
8. the commissioner of public safety or the commissioner’s designee;
9. the chief executive officer of the Alaska Mental Health Trust Authority or the chief executive officer’s designee for a three-year term;
10. an active duty member of a municipal law enforcement agency appointed by the governor for a three-year term;
11. one victims’ rights advocate appointed by the governor for a three- year term;
12. one nonvoting member, serving ex officio, who is a member of the senate appointed by the president of the senate;
13. one nonvoting member, serving ex officio, who is a member of the house of representatives appointed by the speaker of the house of representatives; and
14. one nonvoting member, serving ex officio, who is the commissioner of health and social services or the commissioner’s designee.
A member appointed under (a)(10) or (11) of this section serves at the pleasure of the governor and may be reappointed.
The commission shall, by majority vote of the membership, elect a chair and other officers it considers necessary from among its membership to serve on a yearly basis.
The Alaska Judicial Council shall provide staff and administrative support to the commission.

History. (§ 32 ch 83 SLA 2014; am § 66 ch 1 4SSLA 2017)

Effect of amendments. —

The 2017 amendment, effective November 27, 2017, in the introductory language in (a), substituted “14 members” for “13 members”, added (a)(14), and made related changes.

Sec. 44.19.643. Compensation.

Members of the commission serve without compensation but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 .

History. (§ 32 ch 83 SLA 2014)

Sec. 44.19.644. Meetings.

A majority of the members constitutes a quorum for conducting business and exercising the powers of the commission. The commission shall meet at least quarterly, at the call of the chair, at the request of the majority of the members, or at a regularly scheduled time as determined by a majority of the members. The commission shall keep a record of its proceedings and make these records available for public inspection.

History. (§ 32 ch 83 SLA 2014)

Sec. 44.19.645. Powers and duties of the commission.

The commission shall evaluate the effect of sentencing laws and criminal justice practices on the criminal justice system to evaluate whether those sentencing laws and criminal justice practices provide for protection of the public, community condemnation of the offender, the rights of victims of crimes, the rights of the accused and the person convicted, restitution from the offender, and the principle of reformation. The commission shall make recommendations for improving criminal sentencing practices and criminal justice practices, including rehabilitation and restitution. The commission shall annually make recommendations to the governor and the legislature on how savings from criminal justice reforms should be reinvested to reduce recidivism. In formulating its recommendations, the commission shall consider
1. statutes, court rules, and court decisions relevant to sentencing of criminal defendants in misdemeanor and felony cases;
2. sentencing practices of the judiciary, including use of presumptive sentences;
3. means of promoting uniformity, proportionality, and accountability in sentencing;
4. alternatives to traditional forms of incarceration;
5. the efficacy of parole and probation in ensuring public safety, achieving rehabilitation, and reducing recidivism;
6. the adequacy, availability, and effectiveness of treatment and rehabilitation programs;
7. crime and incarceration rates, including the rate of violent crime and the abuse of controlled substances, in this state compared to other states, and best practices adopted by other states that have proven to be successful in reducing recidivism;
8. the relationship between sentencing priorities and correctional resources;
9. the effectiveness of the state’s current methodologies for the collection and dissemination of criminal justice data; and
10. whether the schedules for controlled substances in AS 11.71.140 - 11.71.190 are reasonable and appropriate, considering the criteria established in AS 11.71.120(c) .
The commission may
1. recommend legislative and administrative action on criminal justice practices;
2. select and retain the services of consultants as necessary;
3. appoint a working group to review and analyze the implementation of the recommendations made in the justice reinvestment report in December 2015, and other recommendations issued by the commission, and regularly report to the commission on the status of the implementation; a working group may include representatives of criminal justice agencies and key constituencies who are not members of the commission; and
4. enter into data-sharing agreements with the Justice Center at the University of Alaska, the Alaska Judicial Council, or other research institutions for the purposes of analyzing data and performance metrics.
The commission shall
1. receive and analyze data collected by agencies and entities charged with implementing the recommendations of the 2015 justice reinvestment report and other recommendations issued by the commission and who are collecting data during the implementation and management of specific commission recommendations;
2. track and assess outcomes from the recommendations the commission has made and corresponding criminal justice reforms;
3. request, receive, and review data and reports on performance outcome data relating to criminal justice reform;
4. appoint a working group to review and analyze sexual offense statutes and report to the legislature if there are circumstances under which victims’ rights, public safety, and the rehabilitation of offenders are better served by changing existing laws; the working group shall consult with the office of victims’ rights in developing the report; the commission shall deliver the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available; the commission may include in the working group people representing a variety of viewpoints who are not members of the commission; and
5. explore the possibility of entering into mutually agreeable arrangements with regional nonprofit organizations, including tribes and tribal organizations, to provide the pretrial, probation, and parole services needed in underserved areas of the state.
Agencies and entities reporting data to the working group authorized in (b)(3) of this section under (e) — (g) of this section shall
1. report data individually by case number, including an identifier number such as the Alaska Public Safety Information Network number, the court case number, the Alaska Corrections Offender Management System number, and the arrest tracking number, as available;
2. include demographic information necessary for tracking individuals across multiple databases, including the individual’s first name, last name, middle initial as available, and date of birth; and
3. include information necessary to measure possible disparate effects of criminal justice laws and policies, such as race and gender as available.
The judiciary shall report quarterly to the working group authorized in (b)(3) of this section. The report shall include criminal case processing data, including
1. the date, type, and number of all charges disposed within the quarter;
2. the disposition of each charge, whether convicted, dismissed, acquitted, or otherwise disposed; and
3. the date of the disposition for each charge.
The Department of Public Safety shall report quarterly to the working group authorized under (b)(3) of this section. The report shall include the following information:
1. data on citations and arrests for criminal offenses, including the offense charged and reason for arrest if an arrest was made;
2. data on all criminal convictions and sentences during the quarter; and
3. criminal history information for selected offenders as agreed on by the department and the working group authorized in (b)(3) of this section.
The Department of Corrections shall report quarterly to the working group authorized in (b)(3) of this section. The report shall include the following information:
1. data on pretrial decision making and outcomes, including information on pretrial detainees admitted for a new criminal charge; detainees released at any point before case resolution; time spent detained before first release or case resolution; pretrial defendant risk level and charge; pretrial release recommendations made by pretrial services officers; pretrial conditions imposed on pretrial detainees by judicial officers, including amount of bail, and supervision conditions; and information on pretrial outcomes, including whether or not the defendant appeared in court or was re-arrested during the pretrial period;
2. data on offenders admitted to the Department of Corrections for a new criminal conviction, including the offense type, number of prior felony convictions, sentence length, and length of stay;
3. data on the population of the Department of Corrections, using a one-day snapshot on the first day of the first month of each quarter, broken down by type of admission, offense type, and risk level;
4. data on offenders on probation supervised by the Department of Corrections, including the total number of offenders supervised using a one-day snapshot on the first month of each quarter; admissions to probation; assignments to a program under AS 33.05.020(f) ; probation sentence length; time served on the sentence; whether probation was successfully completed, any new convictions for a felony offense, and any sentences to a term of imprisonment while on probation;
5. data on parole, including the number of offenders supervised on parole, using a one-day snapshot on the first month of each quarter; the number of parole hearings; the parole grant rate and number of parolees released on discretionary and special medical parole; and information on parolees, including time spent on parole, whether parole was successfully completed, any new convictions for a new felony offense, and any sentences to a term of imprisonment while on parole;
6. data on the implementation of policies from the 2015 justice reinvestment report, including the number and percentage of offenders who earn compliance credits under AS 33.05.020(h) or AS 33.16.270 in one or more months, and the total amount of credits earned; the average number of sanctions issued under AS 33.05.020(g) before a petition to revoke probation or parole is filed; and the most common violations of probation or parole; and
7. data on probation and parole revocations, including information on probationers and parolees admitted for a supervision violation pre-case and post-case resolution; probationers and parolees admitted for a new arrest; the number of previous revocations on the current sentence, if any; the length of time held pre-case resolution; the length of time to case resolution; and the length of stay.
[Repealed, § 73, ch. 1, 4SSLA 2017.]

History. (§ 32 ch 83 SLA 2014; am § 163am § 164 ch 36 SLA 2016; am § 25 ch 13 SLA 2017; am §§ 67, 68 ch 1 4SSLA 2017; am §§ 73, 83 ch 1 4SSLA 2017; am § 122 ch 4 FSSLA 2019)

Cross references. —

For a statement of legislative intent “that the Alaska Criminal Justice Commission work with the Department of Public Safety and local law enforcement agencies to offer statewide informational sessions on ch. 36, SLA 2016, ch. 13, SLA 2017, and” ch. 1, 4SSLA 2017, see sec. 1, ch. 1, 4SSLA 2017.

Effect of amendments. —

The 2016 amendment, effective July 12, 2016, in (a), inserted “The commission shall annually make recommendations to the governor and the legislature on how savings from criminal justice reforms should be reinvested to reduce recidivism.” following “rehabilitation and restitution.”; added (b)(3) and (4); added (c), (d), (e), (f) and (g).

The 2017 amendment, effective November 27, 2017, in (g)(5), deleted “administrative,” following “parolees released on” and made a related change; added (h). The 2017 amendment, effective July 1, 2021, repealed (h).

The 2019 amendment, effective July 9, 2019, deleted “probationers and parolees admitted solely for a technical violation;” following “post-case resolution;” in (g)(7).

Sec. 44.19.646. Methodology.

In making recommendations, the commission shall

solicit and consider information and views from a variety of constituencies to represent the broad spectrum of views that exist with respect to possible approaches to sentencing and administration of justice in the state; and
base recommendations on the following factors:
1. the seriousness of each offense in relation to other offenses;
2. the effect of an offender’s prior criminal history on sentencing;
3. the need to rehabilitate criminal offenders;
4. the need to confine offenders to prevent harm to the public;
5. the extent to which criminal offenses harm victims and endanger the public safety and order;
6. the effect of sentencing in deterring an offender or other members of society from future criminal conduct;
7. the effect of sentencing as a community condemnation of criminal acts and as a reaffirmation of societal norms;
8. the elimination of unjustified disparity in sentences;
9. the sufficiency of state agency resources to administer the criminal justice system of the state;
10. the effect of criminal justice laws and practices on reducing the rate of recidivism in the state;
11. peer reviewed and data-driven research; and
12. the efficacy of evidence-based restorative justice initiatives on persons convicted of criminal violations and offenses, the victim, and the community.

History. (§ 32 ch 83 SLA 2014)

Sec. 44.19.647. Annual report and recommendations. [Conditionally effective.]

The commission shall submit to the governor and the legislature an annual report. The report must include
1. a description of its proceedings for the previous calendar year;
2. a summary of savings and recommendations on how savings from criminal justice reform should be reinvested to reduce recidivism;
3. performance metrics and outcomes from the recommendations the commission made in its December 2015 report, including recidivism rates, defined as
  1. the percentage of inmates who return to prison within three years after release, broken down by offense type and risk level; and
  2. the percentage of inmates who return to prison within three years after release for a new criminal conviction, broken down by offense type and risk level;
4. recommendations for additional reforms, which may include recommendations for legislative and administrative action; and
5. data reported by the Department of Law under AS 44.23.040 .
The commission shall submit the reports, summaries, and recommendations provided under this section not later than November 1 of each year.
[Repealed, § 73 ch 1 4SSLA 2017.]

History. (§ 32 ch 83 SLA 2014; am § 165am § 166 ch 36 SLA 2016; am §§ 69, 70 ch 1 4SSLA 2017; am §§ 73, 83 ch 1 4SSLA 2017; am § 123 ch 4 FSSLA 2019)

Cross references. —

For provision requiring a special report by the commission to the governor regarding alcohol-related offenses in AS 28, to be submitted no later than July 1, 2017, see sec. 37, ch. 83, SLA 2014 in the 2014 Temporary and Special Acts.

Effect of amendments. —

The 2016 amendment, effective July 12, 2016, inserted “.The report must include (1) a description” preceding “of its proceedings”; added (2), (3) and (4); deleted “and may submit” at the end of (4); deleted “reports and recommendations provided under this section shall be submitted not later than February 1 of each year” following “administrative action.”; added (b); and made a minor stylistic change.

The 2017 amendment, effective November 27, 2017, in (b), inserted “, summaries,” following “submit the reports”, and deleted “(a) of” following “provided under”; and added (c). The 2017 amendment, effective July 1, 2021, repealed (c).

The 2019 amendment, effective July 1, 2020, added (a)(5), and made related stylistic changes.

Editor's notes. —

Section 38, ch. 83, SLA 2014 provides that “the commission shall submit its first report to the governor and the legislature not later than February 1, 2016.”

Sec. 44.19.649. Definition.

In AS 44.19.641 — 44.19.649 , “commission” means the Alaska Criminal Justice Commission.

History. (§ 32 ch 83 SLA 2014)

Secs. 44.19.650 — 44.19.680. [Renumbered as AS 44.19.076 — 44.19.082.]

Secs. 44.19.700 — 44.19.714. [Renumbered as AS 44.19.084 — 44.19.100.]

Secs. 44.19.720 — 44.19.728. [Renumbered as AS 44.19.101 — 44.19.105.]

Secs. 44.19.738 — 44.19.744. Governor’s Planning Council on the Administration of Criminal Justice. [Repealed, § 2 ch 88 SLA 1971. For current law, see AS 44.19.110 — 44.19.122.]

Secs. 44.19.746 — 44.19.758. [Renumbered as AS 44.19.110 — 44.19.122.]

Secs. 44.19.760 — 44.19.775. State-Federal Natural Resources Land Use Planning Commission. [Repealed, § 2 ch 181 SLA 1972.]

Secs. 44.19.777 — 44.19.787. [Renumbered as AS 44.19.123 — 44.19.130.]

Secs. 44.19.789 — 44.19.799. [Renumbered as AS 44.19.131 — 44.19.140.]

Secs. 44.19.800 — 44.19.850. Alaska Safety Council. [Repealed, § 20 ch 241 SLA 1976.]

Secs. 44.19.870 — 44.19.881. [Renumbered as AS 44.19.141 — 44.19.152.]

Sec. 44.19.890. [Repealed, § 3 ch 219 SLA 1970.]

Secs. 44.19.891 — 44.19.894. [Renumbered as AS 44.19.155 — 44.19.162.]

Secs. 44.19.900 — 44.19.950. Alaska State Council on the Arts. [Repealed, E.O. No. 44, § 3 (1980). For current provisions, see AS 44.27.040 — 44.27.060.]

Sec. 44.19.955. Commission on the Status of Women. [Repealed, § 11 ch 42 SLA 1972.]

Secs. 44.19.956 — 44.19.959. [Renumbered as AS 44.19.165 — 44.19.168.]

Sec. 44.19.960. [Repealed, § 11 ch 42 SLA 1972.]

Secs. 44.19.961 — 44.19.964. [Renumbered as AS 44.19.169 — 44.19.175.]

Sec. 44.19.965. [Repealed, § 11 ch 42 SLA 1972.]

Sec. 44.19.966. [Renumbered as AS 44.19.180.]

Secs. 44.19.970 — 44.19.999. [Repealed, § 11 ch 42 SLA 1972.]

Chapter 20. Yukon — Taiya Commission.

[Renumbered as AS 44.19.181 — 44.19.188.]

Chapter 21. Department of Administration.

Article 1. Department Functions.

Sec. 44.21.010. Commissioner of administration.

The principal executive officer of the Department of Administration is the commissioner of administration.

History. (§ 8 ch 64 SLA 1959)

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 17 to 22.

73 C.J.S. Public Administrative Law and Procedure, §§ 15 to 25.

Sec. 44.21.020. Duties of department.

The Department of Administration shall

make surveys and studies to improve administrative procedures, methods, and organization;
keep general accounts;
approve vouchers and disburse funds for all purposes;
operate centralized purchasing and supply services, and necessary storerooms and warehouses;
allot space in state buildings to the various departments according to need and available space;
supervise telephone, mailing, messenger, duplicating, and similar services adaptable to centralized management;
administer the public employees’ retirement system and teachers’ retirement system;
administer a statewide personnel program, including central personnel services such as recruitment, assessment, position classification, and pay administration;
administer and supervise a statewide automatic data processing program;
study, design, implement, and manage the telecommunications systems and services of the state under AS 44.21.305 — 44.21.330 ;
[Repealed, E.O. No. 120 § 2 (2021).]

History. (§ 8 ch 64 SLA 1959; am E.O. No. 30 (1968); am § 1 ch 170 SLA 1972; am § 4 ch 97 SLA 1976; am § 1 ch 118 SLA 1976; am E.O. No. 40 § 6 (1979); am E.O. No. 50 § 7 (1981); am E.O. No. 78 § 2 (1991); am § 2 ch 98 SLA 1992; am E.O. No. 91 § 3 (1995); am § 15 ch 111 SLA 2000; am E.O. No. 108 § 88 (2003); am E.O. No. 109 § 3 ch 109 (2003); am E.O. No. 120 § 3 (2021) SLA)

Revisor’s notes. —

In 2004, the paragraphs in this section were renumbered to reflect the repeal of former paragraphs (9) and (12).

Administrative Code. —

For verification of electronic signatures, see 2 AAC 5, art. 3.

Effect of amendments. —

The 2021 amendment, effective March 21, 2021, repealed (11).

Sec. 44.21.025. Contracts to operate vending facilities in state buildings. [Repealed, § 62 ch 21 SLA 1985.]

Sec. 44.21.030. Contracting with United States.

The Department of Administration may contract with the United States for the education, medical activities, agricultural assistance and social welfare, and relief of distress of Indians and Eskimos, and spend money appropriated by Congress for these activities in accordance with the provisions of the Act of Congress approved April 16, 1934.

History. (§ 45-1-1 ACLA 1949)

Sec. 44.21.035. State veterans’ home facilities. [Repealed, E.O. No. 108, § 88 (2003).]

Sec. 44.21.040. Records or accounts of claims and warrants.

The Department of Administration shall keep books of account in permanent form of the claims presented and of the disbursements made. These records must show
1. the name of the claimant;
2. the amount of the claim;
3. the date of its presentation;
4. the date of its allowance or disallowance;
5. the date and number of each disbursement made;
6. the name of the payee; and
7. the appropriation from which the disbursement is made.
The Department of Administration shall keep on file all original bills and claims presented, with the vouchers.

History. (§ 2 ch 24 SLA 1953; am § 25 ch 175 SLA 2004)

Sec. 44.21.045. Information services fund; charges.

History. (§ 2 ch 156 SLA 1990; am § 87 ch 21 SLA 1995; am E.O. No. 113 §§ 6, 7 (2005))

Sec. 44.21.050. Penalty for allowance of false, unjust or illegal claims. [Repealed, § 4 ch 51 SLA 1985.]

Sec. 44.21.060. Recording. [Repealed, E.O. No. 40, § 6 (1979).]

Secs. 44.21.100 — 44.21.130. Pioneers’ Home Advisory Board. [Repealed, E.O. No. 108, § 88 (2003). For current law, see AS 44.29.500 — 44.29.530.]

Article 2. Automatic Data Processing.

Sec. 44.21.150. Declaration of purpose.

It is the purpose of AS 44.21.150 — 44.21.170 to designate the Department of Administration as the department responsible for the operation and management of automatic data processing resources and activities of the executive branch of state government and the judicial and legislative branches to the extent requested by those branches, and to provide for periodic review of state automatic data processing procedures and mechanisms. It is further the purpose of these sections to encourage cooperation between the state government and local governments in the use of automatic data processing systems.

History. (§ 2 ch 170 SLA 1972; am § 1 ch 123 SLA 1986; am § 3 ch 53 SLA 1987; am § 2 ch 25 SLA 2005; am E.O. No. 113 § 8 (2005))

Revisor’s notes. —

Enacted as AS 44.67.010. Renumbered in 1972.

Administrative Code. —

For verification of electronic signatures, see 2 AAC 5, art. 3.

Sec. 44.21.160. Powers and duties of department.

Except as otherwise provided in (g) of this section, the department shall comply with the state information systems plan adopted by the commissioner in providing automatic data processing services responsive to the needs of state government.
To carry out (a) of this section the department may, consistent with the state information systems plan adopted by the commissioner and with the departmental information systems plan,
1. maintain a central staff of systems analysts, computer programmers, and other staff members sufficient to provide systems analysis and computer programming support required by the executive branch of state government;
2. develop and maintain both short-range and long-range data processing plans for state government and provide managerial leadership in the use of automatic data processing;
3. review all budget requests for automatic data processing services and recommend to the commissioner and the governor approval, modification, or disapproval;
4. recommend implementation priorities of requested data processing systems;
5. determine and satisfy the data processing equipment and supply requirements of the executive branch, departments, and agencies of state government;
6. provide all facilities, equipment, and staff required to convert data to a form suitable for processing on automatic data processing equipment;
7. develop and publish systems analysis, computer programming, and computer operations standards;
8. review state automatic data processing systems to encourage effectiveness, measure performance, and assure adherence to the standards developed under AS 44.21.150 — 44.21.170 ;
9. develop and conduct an automatic data processing training program designed to serve the technical and managerial needs of state government;
10. charge a state agency or other governmental agency for the cost of the automatic data processing services provided or procured by the department for the agency.
The department may cooperate with political subdivisions of the state in the development and operation of data processing systems and may allow for the use of state facilities by political subdivisions.
In accordance with the state information systems plan adopted by the commissioner, the department and the University of Alaska may develop and implement a plan for the integration of automatic data processing facilities of the university with the state facilities.
If the action is not contrary to the state information systems plan adopted by the commissioner, this section does not prohibit
1. the department from obtaining necessary contractual assistance for automatic data processing activities;
2. the legislature from recruiting and employing data processing personnel or from obtaining necessary contractual assistance for automatic data processing activities;
3. the judicial branch from establishing independent data processing policies and implementation procedures; however, the policies and procedures must permit information exchange and implementation procedures compatible with other branches of government whenever practical.
The department shall provide for the effective transfer of information by telecommunications through the establishment of compatible systems and common standards.
The department shall provide or procure automatic data processing services under AS 44.21.150 — 44.21.170 for the judicial branch to the extent requested by that branch, and may charge the branch for the services.
[Repealed, § 3 ch 156 SLA 1990.]

History. (§ 2 ch 170 SLA 1972; am E.O. No. 50, § 8 (1981); am §§ 2 — 4 ch 123 SLA 1986; am § 68 ch 138 SLA 1986; am §§ 4 — 7 ch 53 SLA 1987; am § 38 ch 85 SLA 1988; am § 3 ch 156 SLA 1990; am § 3 ch 25 SLA 2005; am E.O. No. 113 §§ 9 — 12 (2005))

Revisor’s notes. —

Enacted as AS 44.67.020. Renumbered in 1972. Former subsection (h) was enacted as (g) and relettered in 1986.

Administrative Code. —

For verification of electronic signatures, see 2 AAC 5, art. 3.

Sec. 44.21.170. Definitions.

In AS 44.21.150 — 44.21.170 ,

“automatic data processing” means
1. those methods of processing data by using electrical accounting machinery (EAM) or electronic data processing equipment (EDP), including the activities and devices required to prepare data for automatic data processing;
2. data communications devices and those systems used with automatic data processing equipment in the transmission and reception of data; and
3. activities related to the design and development of automatic data processing systems;
“commissioner” means the commissioner of administration;
“department” means the Department of Administration.

History. (§ 2 ch 170 SLA 1972)

Revisor’s notes. —

Enacted as AS 44.67.030. Renumbered in 1972.

Administrative Code. —

For verification of electronic signatures, see 2 AAC 5, art. 3.

Secs. 44.21.200 — 44.21.230. Alaska Commission on Aging. [Repealed, E.O. No. 108, § 88 (2003). For current law, see AS 47.45.200 — 47.45.290.]

Secs. 44.21.231 — 44.21.239. Long-term care ombudsman. [Repealed, E.O. No. 102, § 10, (2001). For current law, see AS 47.62.010 — 47.62.090.]

Sec. 44.21.240. [Repealed, E.O. No. 108, § 88 (2003).]

Secs. 44.21.241 — 44.21.255. Alaska Council on Science and Technology. [Repealed, § 63 ch 21 SLA 1985.]

Article 3. Alaska Public Broadcasting Commission.

Cross references. —

For findings and purpose of the 1981 order amending several provisions of this article, see § 1, E.O. No. 50 (1981) in the Executive Orders pamphlet.

Administrative Code. —

For public broadcasting commission, see 2 AAC 55.

Sec. 44.21.256. Creation of Alaska Public Broadcasting Commission.

There is created within the Department of Administration the Alaska Public Broadcasting Commission.

History. (§ 1 ch 153 SLA 1970; am § 1 ch 87 SLA 1976; am E.O. No. 50, § 2 (1981))

Revisor’s notes. —

Formerly AS 14.58.010. Renumbered in 1981.

Sec. 44.21.258. Membership and term of office.

The commission consists of nine members appointed by the governor, without regard to political affiliation, subject to confirmation by a majority of the members of the legislature in joint session. In making appointments to the commission, the governor shall give due consideration to representation from such fields as higher education, elementary and secondary education, communications, commercial broadcasting, public health, public works, labor, commerce, and the professions. Members may be removed only for cause.
The members of the commission shall serve staggered terms of five years.

History. (§ 1 ch 153 SLA 1970; am § 2 ch 87 SLA 1976; am § 31 ch 168 SLA 1990)

Revisor’s notes. —

Formerly AS 14.58.020. Renumbered in 1981.

Sec. 44.21.260. Compensation and expenses.

Members of the commission receive no salary, but are entitled to per diem and travel expenses authorized by law for other commissions.

History. (§ 1 ch 153 SLA 1970)

Revisor’s notes. —

Formerly AS 14.58.030. Renumbered in 1981.

Cross references. —

For per diem and travel expenses, see AS 39.20.180 .

Sec. 44.21.262. Chairman.

At the first meeting, the commission shall elect a chairman from among its members to serve for one year. A chairman may be elected and serve for more than one consecutive term.

History. (§ 1 ch 153 SLA 1970)

Revisor’s notes. —

Formerly AS 14.58.040. Renumbered in 1981.

Sec. 44.21.264. Purpose of the commission.

The commission is created to encourage and supervise the development of an integrated public broadcasting system for the state and for the coordination of all public broadcasting stations. The primary purpose of the commission is the encouragement and support of noncommercial public broadcasting in the state through the provision of operating and capital grants in support of the delivery of noncommercial programs intended for a general audience by locally controlled nonprofit broadcast stations or telecommunications entities. The commission may support stations and entities that also engage in the delivery of instructional, for-credit programs, and the commission may provide funds for those purposes, but the primary purpose of commission funds is the support of activities that result in the delivery of general audience, noncommercial material.

History. (§ 1 ch 153 SLA 1970; am § 2 ch 87 SLA 1976; am E.O. No. 50, § 3 (1981))

Revisor’s notes. —

Formerly AS 14.58.050. Renumbered in 1981.

Administrative Code. —

For public broadcasting commission, see 2 AAC 55.

Sec. 44.21.266. Duties of the commission.

The commission shall

apply for federal and private funds for public broadcasting purposes and receive all federal, state, or private funds, property, or assistance that may be appropriated, granted, or otherwise made available to the commission for public broadcasting purposes, and use and disburse funds and property for purposes consistent with the terms of AS 44.21.256 — 44.21.290 , subject to reasonable limitations imposed by the grantor;
provide consultative services in all aspects of public broadcasting to all public or private agencies in the state that request them;
serve as a library and clearinghouse for public broadcasting information;
through grants to qualified entities, develop an integrated public broadcasting network for the state;
through grants to qualified entities, develop and distribute public broadcasting programming in the state;
prepare and submit to the governor and the legislature, in compliance with the state information systems plan adopted by the commissioner of administration, a long-term plan for the development of public broadcasting stations and systems in the state, and biennially update the plan; and
perform all other functions necessary to ensure the orderly and coordinated development of public broadcasting in the state.

History. (§ 1 ch 153 SLA 1970; am §§ 4, 7 ch 87 SLA 1976; am E.O. No. 50, § 4 (1981); am § 8 ch 53 SLA 1987; am § 7 ch 134 SLA 1990; am E.O. No. 113 § 13 (2005))

Revisor’s notes. —

Formerly AS 14.58.060. Renumbered in 1981.

Administrative Code. —

For public broadcasting commission, see 2 AAC 55.

Sec. 44.21.268. Powers of the commission.

The commission may
1. employ all consultative, technical and clerical personnel necessary for the implementation of AS 44.21.256 — 44.21.290 , within the limits of available funds;
2. employ a director, who shall be directly responsible to the commission in financial and administrative matters;
3. provide grants to locally controlled non-profit telecommunications entities which lease, purchase, construct, own, operate and manage and are the licensees of public broadcasting stations, production centers, and other related equipment and facilities for the production and transmission of open circuit, closed circuit, 2,500 megahertz, and other transmission means necessary to provide fully effective public broadcasting in the state;
4. appoint unpaid advisory committees to assist in development of programs for public television broadcasts;
5. provide assistance to licensed commercial broadcasting stations for the broadcast of public affairs programming.
In performing its duties and exercising its authority under AS 44.21.256 — 44.21.290 , the commission may not exercise control over the specific content or airing of any program material.

History. (§ 1 ch 153 SLA 1970; am § 5 ch 87 SLA 1976; am E.O. No. 50, § 5 (1981))

Revisor’s notes. —

Formerly AS 14.58.070. Renumbered in 1981.

Administrative Code. —

For public broadcasting commission, see 2 AAC 55.

Sec. 44.21.270. Commercial broadcasting.

Nothing in AS 44.21.256 — 44.21.290 may be construed to restrict or control commercial broadcast stations or companies operating or licensed in the state.

History. (§ 1 ch 153 SLA 1970)

Revisor’s notes. —

Formerly AS 14.58.080. Renumbered in 1981.

Sec. 44.21.290. Definitions.

In AS 44.21.256 — 44.21.290 , unless the context otherwise requires,

“commission” means the Alaska Public Broadcasting Commission;
“public broadcasting” includes, but is not limited to, television and radio transmission by 2,500 megahertz, closed circuit or microwave video and audio programming, slow-scan television programming, programming via satellite, teletype or facsimile transmission, and distribution methods, when the transmission, programming, and distribution are intended to serve a noncommercial public purpose.

History. (§ 1 ch 153 SLA 1970; am § 6 ch 87 SLA 1976; am E.O. No. 50, § 6 (1981))

Revisor’s notes. —

Formerly AS 14.58.090. Renumbered in 1981.

Administrative Code. —

For public broadcasting commission, see 2 AAC 55.

Article 4. Telecommunications Services and Operations.

Sec. 44.21.300. Telecommunications divisions. [Repealed, E.O. No. 66, § 6 (1987).]

Sec. 44.21.305. Commissioner’s responsibility.

The commissioner shall

provide executive direction for the activities of the department related to telecommunications; and
assure that department activities in no way constitute an influence on the content or airing of programming, and report to the governor and the Alaska Public Broadcasting Commission any request or attempt by an employee of the state to influence the content or airing of program material.

History. (E.O. No. 50 § 9 (1981); am E.O. No. 66 § 2 (1987))

Revisor’s notes. —

Enacted as AS 44.21.210. Renumbered in 1981.

Administrative Code. —

For division of information services, see 2 AAC 21.

Sec. 44.21.310. Telecommunications powers and duties.

History. (E.O. No. 50 § 9 (1981); am § 42 ch 106 SLA 1986; am § 9 ch 53 SLA 1987; E.O. No. 66 § 3 (1987); am § 27 ch 2 FSSLA 1992; am § 35 ch 126 SLA 1994; am E.O. No. 113 § 14 (2005))

Revisor’s notes. —

Enacted as AS 44.21.220. Renumbered in 1981.

Administrative Code. —

For division of information services, see 2 AAC 21.

Sec. 44.21.315. Telecommunications services.

In accordance with the state information systems plan adopted by the commissioner and with the departmental information systems plan, the department shall provide
1. technical consultation to educational and public telecommunications users;
2. coordination and support to telecommunications services for instruction, including technical assistance and assistance in preparation of applications for grants related to program development as may be requested by
  1. public school districts and the Department of Education and Early Development;
  2. the University of Alaska; and
  3. other state agencies as approved by the commissioner;
3. coordination and support for health and safety-related functions, including the administrative and client services provided by state, federal, and private agencies;
4. coordination and support to telecommunications services for public participation in state-financed services, including the public hearing process, as may be statutorily required or otherwise appropriate;
5. assistance, through design, development, and promotion, to local school districts or other local and regional education agencies for the regionalization of instructional telecommunications services;
6. establishment of operational policies for public telecommunications services other than public broadcasting; and
7. assistance to the Alaska Public Broadcasting Commission and any commission-designated subcommitteees, as necessary to perform assigned department functions; the department shall cooperate with the commission and subcommittees in order to develop policies which are responsive to the user groups which are represented on the commission.
Subject to available funding, the department may make grants to educational and public telecommunication users except grants for public broadcasting purposes.
The department shall study, plan, and develop integrated instructional telecommunications services for all residents of the state and, after public hearings, submit to the governor and the legislature an annually updated long-term development plan prepared in consultation with the Department of Education and Early Development, the University of Alaska, local school districts, and other local and regional education areas.
The department shall, after public hearings, submit to the governor an annually updated long-term development plan for teleconferencing facilities and services, including facilities and services used both by state agencies and groups other than state agencies.
The department may not own, operate, or be the licensee of a public noncommercial broadcast station or production center.
Nothing in this section implies department responsibility for programming content. Program design, production, and use are the responsibility of the program-sponsoring agency or other entity, not the department.

History. (E.O. No. 50 § 9 (1981); am § 10 ch 53 SLA 1987; E.O. No. 66 § 4 (1987); am § 8 ch 134 SLA 1990; am § 25 ch 126 SLA 1994; am E.O. No. 113 § 15 (2005))

Revisor’s notes. —

Enacted as AS 44.21.230. Renumbered in 1981.

In 1999, in this section, “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999.

Sec. 44.21.320. Telecommunications operations.

Except as provided in (d) of this section, the department may, consistent with the provisions of AS 44.21.310(a)(5)
1. plan, design, construct, manage, and operate all telecommunications systems owned or leased by state agencies;
2. manage centrex and other telephone-related services of state agencies;
3. be responsible generally for telecommunications systems and design for state agencies; and
4. coordinate with state agencies in performing their data and word processing tasks.
Within the limits of available financing, the department shall administer and operate the satellite television project, by
1. coordinating with the satellite television user groups and entities; and
2. providing liaison, management support, and technical assistance for the satellite television project.
Decisions and policies relating to programming under the satellite television project, including scheduling and allocation policies, may not be made by the department, but may only be made by a network that is representative of participating rural television users, by commercial broadcast users, or by other affected participating user groups and entities under procedures provided by statute or, if no statute applies, then by agreement of the affected user networks or groups. The department shall assist users in preparing agreements that may be required under this subsection.
The department may not engage in any activity that interferes with a contract or program right relating to commercial television programming, including but not limited to any right protected by copyright.
Nothing in AS 44.21.305 — 44.21.330 prohibits a state agency from developing telecommunications systems within its own agency if the agency is in compliance with the state information systems plan adopted by the commissioner and with the agency’s own information systems plan and if the commissioner gives written authorization for the agency to engage in its own design, development, management, or operation. The commissioner may authorize independent development only upon a showing of necessity.
A state agency authorized to develop an internal telecommunications system shall, whenever feasible, coordinate its design development, management, and operation with the department.

History. (E.O. No. 50 § 9 (1981); am §§ 2 — 5 ch 11 SLA 1985; am § 11 ch 53 SLA 1987; E.O. No. 66 § 5 (1987); am § 9 ch 134 SLA 1990; am § 26 ch 126 SLA 1994; am E.O. No. 113 §§ 16, 17 (2005))

Revisor’s notes. —

Enacted as AS 44.21.240 . Renumbered in 1981. As amended in 1987 the internal reference in the introductory language of (a) of this section read “(f) of this section.” It was changed to “(d) of this section” to correct a manifest error.

Sec. 44.21.330. Definitions.

In AS 44.21.305 — 44.21.330 ,

“commissioner” means the commissioner of administration;
“department” means the Department of Administration;
“public broadcasting” means the delivery of radio or television noncommercial programming intended for the general public by any method of telecommunications;
“public telecommunications” means telecommunications which serve public broadcasting, general educational, instructional, medical, safety, emergency, or public participation functions;
“state agencies” means all departments, divisions, and offices in the executive branch of state government; it does not mean an agency of the legislative or judicial branch of government or the University of Alaska;
“telecommunications” means the transmission and reception of messages, impressions, pictures, and signals by means of electromagnetic transmission with or without benefit of a closed transmission medium including all instrumentalities, facilities, apparatus, and services, whether conveyed by cable or wire, radiated through space, or transmitted through other media within a specified area or between designated points;
“telecommunications systems” means those systems in which the principal service and functions are telecommunications.

History. (E.O. No. 50 § 9 (1981); am E.O. No. 66 § 6 (1987))

Revisor’s notes. —

Enacted as AS 44.21.250. Renumbered in 1981.

Article 5. Telecommunications Information.

Sec. 44.21.350. Powers and duties.

The commissioner shall
1. establish guidelines and prepare a state short-range and long-range information systems plan to meet state needs;
2. in accordance with the state information systems plan, establish guidelines and direct state agencies to prepare agency information systems plans;
3. in accordance with statutes governing the availability and confidentiality of information, establish guidelines for the accessing of information by the public.
In addition to the commissioner’s duties under (a) of this section, the commissioner may establish information-related policies and engage in information-related activities the commissioner considers necessary or appropriate.
This section does not grant the commissioner responsibility for broadcast programming content. Program design, production, and use are the responsibility of the program-sponsoring agency or other entity.
This section does not prohibit a state agency from developing information systems that are inconsistent with the guidelines established in (a) of this section if the commissioner gives written authorization for the user agency to engage in the independent design, development, management, or operation. The commissioner may authorize independent development only upon a showing of necessity. A description of authorization under this subsection shall be included in the annual report required under this section. Written authorization under this subsection is not required for intra-agency use of microcomputers.
A state agency, including an agency authorized to develop an independent system under (d) of this section, shall coordinate the design, development, management, and operation of its information systems with the commissioner.

History. (E.O. No. 113 § 2 (2005))

Sec. 44.21.390. Definitions.

In AS 44.21.350 — 44.21.390 ,

“commissioner” means the commissioner of administration;
“state agencies” means all departments, divisions, and offices in the executive branch of state government; it does not mean the Alaska Railroad Corporation, the University of Alaska, or an agency of the judicial or legislative branches of government.

History. (E.O. No. 113 § 2 (2005); am § 4 ch 25 SLA 2005)

Article 6. Office of Public Advocacy.

Administrative Code. —

For office of public advocacy, see 2 AAC 60.

Sec. 44.21.400. Public advocacy office established.

There is created in the Department of Administration the office of public advocacy.

History. (§ 1 ch 55 SLA 1984)

Notes to Decisions

Cited in

McGee v. Alaska Bar Ass'n, 353 P.3d 350 (Alaska 2015).

Sec. 44.21.410. Powers and duties.

The office of public advocacy shall
1. perform the duties of the public guardian under AS 13.26.700 — 13.26.750 ;
2. provide visitors and experts in guardianship proceedings under AS 13.26.291 ;
3. provide guardian ad litem services to children in child protection actions under AS 47.17.030(e) and to wards and respondents in guardianship proceedings who will suffer financial hardship or become dependent upon a government agency or a private person or agency if the services are not provided at state expense under AS 13.26.041 ;
4. provide legal representation in cases involving judicial bypass procedures for minors seeking abortions under AS 18.16.030 , in guardianship proceedings to respondents who are financially unable to employ attorneys under AS 13.26.226(b) , to indigent parties in cases involving child custody in which the opposing party is represented by counsel provided by a public agency, and to indigent parents or guardians of a minor respondent in a commitment proceeding concerning the minor under AS 47.30.775 ;
5. provide legal representation and guardian ad litem services under AS 25.24.310 ; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the termination of parental rights under AS 25.23.180(c)(2) ; in cases involving petitions to remove the disabilities of a minor under AS 09.55.590 ; in children’s proceedings under AS 47.10.050(a) or under AS 47.12.090 ; in cases involving appointments under AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases involving indigent persons who are entitled to representation under AS 18.85.100 and who cannot be represented by the public defender agency because of a conflict of interests;
6. develop and coordinate a program to recruit, select, train, assign, and supervise volunteer guardians ad litem from local communities to aid in delivering services in cases in which the office of public advocacy is appointed as guardian ad litem;
7. Provide guardian ad litem services in proceedings under AS 12.45.046 or AS 18.15.355 — 18.15.395 ;
8. establish a fee schedule and collect fees for services provided by the office, except as provided in AS 18.85.120 or when imposition or collection of a fee is not in the public interest as defined under regulations adopted by the commissioner of administration;
9. provide visitors and guardians ad litem in proceedings under AS 47.30.839 ;
10. provide legal representation to an indigent parent of a child with a disability; in this paragraph, “child with a disability” has the meaning given in AS 14.30.350 ;
11. investigate complaints and bring civil actions under AS 44.21.415(a) involving fraud committed against residents of the state who are 60 years of age or older; in this paragraph, “fraud” has the meaning given in AS 44.21.415 .
The commissioner of administration may
1. adopt regulations that the commissioner considers necessary to implement AS 44.21.400 — 44.21.470 ;
2. report on the operation of the office of public advocacy when requested by the governor or legislature or when required by law;
3. solicit and accept grants of funds from governments and from persons, and allocate or restrict the use of those funds as required by the grantor.
[Repealed, § 28 ch 90 SLA 1991.]

History. (§ 1 ch 55 SLA 1984; am § 21 ch 140 SLA 1986; am § 16 ch 50 SLA 1987; am §§ 1, 2 ch 5 SLA 1988; am § 3 ch 92 SLA 1988; am § 28 ch 90 SLA 1991; am § 28 ch 2 FSSLA 1992; am § 1 ch 109 SLA 1992; am § 25 ch 77 SLA 1993; am § 10 ch 59 SLA 1996; am § 64 ch 64 SLA 1996; am § 5 ch 14 SLA 1997; am § 38 ch 67 SLA 2001; am § 28 ch 84 SLA 2004; am § 11 ch 54 SLA 2005; am § 1 ch 64 SLA 2006; am § 3 ch 37 SLA 2009; am § 18 ch 24 SLA 2018)

Revisor’s notes. —

Paragraph (a)(7) was enacted as (a)(6); renumbered in 1988. Paragraph (a)(9) was enacted as (a)(8); renumbered in 1992.

In 2016, in subsection (a) several cross references to renumbered sections were conformed.

Administrative Code. —

For compensation for volunteer professionals, see 2 AAC 60, art. 1.

For fees for guardian and conservator services, see 2 AAC 60, art. 2.

For office of elder fraud and assistance, see 2 AAC 60, art. 3.

Effect of amendments. —

The 2009 amendment, effective July 1, 2009, in (a)(4) added “and” following “provided by a public agency”, and in (a)(5), substituted “Interstate Compact for Juveniles” for “Uniform Interstate Compact on Juveniles”.

The 2018 amendment, effective September 13, 2018, in (a)(5), substituted “under AS 25.23.180(c)(2) ” for “on grounds set out in AS 25.23.180(c)(3)” following “termination of parental rights”.

Notes to Decisions

Responsibility for counsel for indigents not provided for under this section. —

In an action filed against a member of the U.S. Army under the Alaska Uniform Reciprocal Enforcement of Support Act, former AK Admin. Rule 12(d)(2) (see now Admin. Rule 12(e)) mandated that indigent persons requiring counsel but not provided for under this section or AS 18.85.100 be provided with counsel at the expense of the Alaska Court System. State v. Superior Court, 718 P.2d 466 (Alaska 1986)(proceedings under Uniform Reciprocal Enforcement of Support Act, AS 25.25).

Motion to withdraw as counsel properly denied. —

Trial court properly denied a motion by the Alaska Office of Public Advocacy to withdraw from representing an indigent father in a child custody dispute because under Flores v. Flores, 598 P.2d 893 (Alaska 1979) and subsection (a)(4), the Alaska Network on Domestic Violence and Sexual Assault, which represented the mother, qualified as a public agency; it would be unfair to allow public funding to support the mother but not the father. In re Alaska Network on Domestic Violence & Sexual Assault, 264 P.3d 835 (Alaska 2011).

Disposition phase of delinquency proceedings. —

Office of public advocacy was required to represent a minor’s indigent parents at the disposition phase of delinquency proceedings, where the state actively sought to remove the minor from his parents’ custody. Office of Pub. Advocacy v. Superior Court, 779 P.2d 809 (Alaska Ct. App. 1989).

No equal protection violation. —

This section did not violate the father's equal protection rights, because the differences between parents facing opposing parties represented by counsel provided by a public agency and those represented by private counsel justified their differential treatment. Dennis O. v. Stephanie O., 393 P.3d 401 (Alaska 2017).

Applied in

Office of Pub. Advocacy v. Superior Court, 462 P.3d 1000 (Alaska 2020).

Cited in

Latham v. Municipality of Anchorage, 165 P.3d 663 (Alaska Ct. App. 2007); Alaska Pub. Defender Agency v. Superior Court, 413 P.3d 1221 (Alaska Ct. App. 2018).

Sec. 44.21.415. Office of elder fraud and assistance.

The office of elder fraud and assistance is established in the office of public advocacy to investigate complaints involving fraud committed against older Alaskans who are not otherwise able to bring a complaint without assistance, as defined in regulation, and to provide assistance to older Alaskans who are victims of fraud. The office shall work with local, state, and national law enforcement and social service agencies through cooperative agreements and may bring civil enforcement actions for injunctive and other relief for fraud committed against older Alaskans.
In conducting an investigation under this section, the office of elder fraud and assistance may issue subpoenas, conduct interviews, and examine the business records, advances, transactions, and relevant records associated with the alleged fraud committed against an older Alaskan. The office may enter into contracts with attorneys and seek a court order to enforce a subpoena.
In addition to the functions described under (a) and (b) of this section, the office of elder fraud and assistance shall provide information, referrals, and other assistance to older Alaskans who are victims of fraud and make recommendations to the commissioner for regulations on eligibility for assistance needed to implement this section.
A cooperative agreement under (a) of this section must include a description of office operations and investigation protocols.
Subject to the discretion of the court and standards established in regulation adopted by the commissioner of administration and taking into consideration the financial condition of the parties to a civil suit brought under this section, the office of public advocacy may seek recovery of all or part of litigation costs and fees from any party, including costs incurred during the investigation of the case, when the office of public advocacy is found to be a prevailing party after trial or settlement negotiation. The office of public advocacy shall enter into a fee agreement with a client that is consistent with this section, the Alaska Rules of Court, and the Alaska Rules of Professional Conduct.
Nothing in this section prohibits the Department of Law from investigating or prosecuting a person for unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce under AS 45.50.471 and 45.50.495 .
In this section,
1. “fraud” means
  1. robbery, extortion, and coercion under AS 11.41.500 — 11.41.530 ;
  2. offenses against property under AS 11.46.100 — 11.46.740 ; or
  3. exploitation of another person or another person’s resources for personal profit or advantage with no significant benefit accruing to the person who is exploited;
2. “older Alaskan” means a person residing in the state who is 60 years of age or older.

History. (§ 2 ch 64 SLA 2006; am § 15 ch 71 SLA 2012)

Administrative Code. —

For office of elder fraud and assistance, see 2 AAC 60, art. 3.

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, in (g)(1)(B), substituted “offenses against property” for “theft and related offenses”.

Notes to Decisions

Cost recovery. —

Daughter was not entitled to attorney’s fees when the State Office of Public Advocacy unsuccessfully sought an elder fraud protective order against the daughter. The AS 44.21.415 and 2 AAC 60.310 cost-recovery scheme displaced Alaska R. Civ. P. 82, as applying Rule 82 would interfere with the unique character and purposes of the proceedings, contrary to Alaska R. Prob. P. 1(e). State v. Estate of Jean R., 371 P.3d 614 (Alaska 2016).

Sec. 44.21.420. Employment of office personnel.

The commissioner of administration may employ guardians ad litem, public guardians, clerical staff, and other assistants that the commissioner determines are needed to perform the duties set out in AS 44.21.410 . Employees under this subsection are in the classified service under AS 39.25.100 .
The commissioner of administration may employ attorneys needed to perform the duties set out in AS 44.21.410 . Attorneys employed by the commissioner of administration in the office of public advocacy are in the partially exempt service under AS 39.25.120 .
The commissioner of administration may contract for services of court-appointed visitors and experts needed to perform the duties set out in AS 44.21.410 . The commissioner may contract with attorneys to provide legal representation, and with other persons to provide guardian ad litem services, as needed to perform the duties set out in AS 44.21.410 . The commissioner may determine the rate of compensation for contractual services, taking into account the time involved, the skill and experience required, and other pertinent factors.

History. (§ 1 ch 55 SLA 1984)

Sec. 44.21.430. Attorneys engaged by public advocacy office.

Only an attorney admitted to the practice of law in this state may be retained under contract by the office of public advocacy to provide legal representation. A person is not eligible to be an attorney employed by the office unless admitted to the practice of law in this state no later than 10 months following the commencement of the person’s employment by the office.
An attorney employed by the office of public advocacy may not engage in the private practice of law unless the attorney provides services to the office as an independent contractor.

History. (§ 1 ch 55 SLA 1984; am § 3 ch 88 SLA 1996)

Sec. 44.21.440. Conflicts of interests.

Services and legal representation rendered by the office of public advocacy, whether performed by a person under contract or by an employee of the office, shall be provided in a manner that avoids conflicts of interests.
The office of public advocacy may not use improper pressure to influence the professional judgment of a person who is paid by the office of public advocacy to act as an attorney, a guardian ad litem, or a visitor for a guardianship or conservatorship established under AS 13.26.

History. (§ 1 ch 55 SLA 1984; am § 29 ch 84 SLA 2004)

Sec. 44.21.450. Civil liability of volunteer guardians.

A volunteer guardian ad litem under the supervision of the office of public advocacy is not civilly liable for acts or omissions during the good faith performance of duties as a guardian unless the acts or omissions constitute gross negligence.
This section does not affect the civil liability of the office of public advocacy.

History. (§ 3 ch 5 SLA 1988)

Sec. 44.21.460. Nonattorney volunteer guardians ad litem.

A nonattorney volunteer guardian ad litem may not give legal advice or act in the capacity of attorney for a minor before a court or administrative agency.

History. (§ 3 ch 5 SLA 1988)

Sec. 44.21.470. Definition.

In AS 44.21.410 — 44.21.460 , “volunteer guardian ad litem” means a court-appointed special advocate (CASA).

History. (§ 3 ch 5 SLA 1988)

Revisor’s notes. —

Enacted as AS 44.21.490. Renumbered in 1988.

Secs. 44.21.500 — 44.21.508. Office of Equal Employment Opportunity. [Repealed, E.O. No. 91 § 3 (1995).]

Chapter 23. Department of Law.

Sec. 44.23.010. Attorney general.

The principal executive officer of the Department of Law is the attorney general.

History. (§ 9 ch 64 SLA 1959)

Collateral references. —

7 Am. Jur. 2d, Attorney General, § 1 to 39

72 Am. Jur. 2d, States, Territories and Dependencies, § 64.

7A C.J.S. Attorney General, § 1 et seq.

81A C.J.S. States, § 88, 89, 145 to 195.

Sec. 44.23.020. Duties; and powers; waiver of immunity.

The attorney general is the legal advisor of the governor and other state officers.
The attorney general shall
1. defend the Constitution of the State of Alaska and the Constitution of the United States of America;
2. bring, prosecute, and defend all necessary and proper actions in the name of the state for the collection of revenue;
3. represent the state in all civil actions in which the state is a party;
4. prosecute all cases involving violation of state law, and file informations and prosecute all offenses against the revenue laws and other state laws where there is no other provision for their prosecution;
5. administer state legal services, including the furnishing of written legal opinions to the governor, the legislature, and all state officers and departments as the governor directs; and give legal advice on a law, proposed law, or proposed legislative measure upon request by the legislature or a member of the legislature;
6. draft legal instruments for the state;
7. make available a report to the legislature, through the governor, at each regular legislative session
  1. of the work and expenditures of the office; and
  2. on needed legislation or amendments to existing law;
8. prepare, publish, and revise as it becomes useful or necessary to do so an information pamphlet on landlord and tenant rights and the means of making complaints to appropriate public agencies concerning landlord and tenant rights; the contents of the pamphlet and any revision shall be approved by the Department of Law before publication; and
9. perform all other duties required by law or which usually pertain to the office of attorney general in a state.
Before January 1, 1999, the attorney general may, in a case that involves the state’s title to submerged lands, or in any case in which the state seeks to allocate fault to the federal government or a federal employee under AS 09.17.080 , waive the state’s immunity from suit in federal court provided under the Eleventh Amendment to the Constitution of the United States. The expiration on January 1, 1999, of the attorney general’s authority to waive the state’s Eleventh Amendment immunity does not affect existing waivers in ongoing cases.
The attorney general may, subject to the power of the legislature to enact laws and make appropriations, settle actions, cases, and offenses under (b) of this section.
There is established within the Department of Law the function of public advocacy for regulatory affairs. The attorney general shall participate as a party in a matter that comes before the Regulatory Commission of Alaska when the attorney general determines that participation is in the public interest. When considering whether participation is in the public interest, the attorney general shall consider the issues the Regulatory Commission of Alaska must take into consideration under AS 42.05.141(d) .
The attorney general shall designate not less than one-half attorney position in the Department of Law for the purpose of prosecuting actions for fraudulent acts related to workers’ compensation under AS 23.30.
The attorney general may, in cases that involve compliance, discharge, or enforcement of responsibilities assumed by the Department of Transportation and Public Facilities under AS 44.42.300 , waive the state’s immunity from suit in federal court provided under the Eleventh Amendment to the Constitution of the United States.
The attorney general shall continue to review federal statutes, regulations, presidential executive orders and actions, and secretarial orders and actions that may be in conflict with and that may preempt state law. If, after review, the attorney general believes that a federal statute, regulation, presidential executive order or action, or secretarial order or action would preempt a state law if constitutional and properly adopted in accordance with federal statutory authority but also believes that the federal statute, regulation, presidential executive order or action, or secretarial order or action is unconstitutional or was not properly adopted in accordance with federal statutory authority, the attorney general shall report the findings to the chairs of the house and senate committees having jurisdiction over judicial matters. The report shall be submitted to the legislature on or before January 15th of each year and must include
1. a copy of the federal statute, regulation, presidential executive order or action, or secretarial order or action that the attorney general finds was not properly adopted in accordance with federal statutory authority or is unconstitutional;
2. a citation to the state law that is in conflict with the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection;
3. a written opinion explaining
  1. the basis for finding that the federal statute, regulation, presidential executive order or action, or secretarial order or action is unconstitutional or was not properly adopted in accordance with federal statutory authority;
  2. the conflict between the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection and the state law identified in (2) of this subsection and why, if properly adopted, the federal statute, regulation, presidential executive order or action, or secretarial order or action would preempt the state law;
  3. the effect on the state if the state law identified in (2) of this subsection is found by a court to be preempted by the federal statute, regulation, presidential executive order or action, or secretarial order or action identified in (1) of this subsection; and
  4. litigation the attorney general is party to or aware of concerning a conflict between a federal statute, regulation, presidential executive order or action, or secretarial order or action that would preempt state law if constitutional, but that the attorney general or another party claims is unconstitutional; and
4. other information relevant to the findings by the attorney general.
If requested by a military judge or the convening authority of a court- martial, the attorney general shall assist the court-martial in obtaining the commitment of a person accused of an offense under AS 26.05 for a competency examination under AS 12.47.100 or on a finding of incompetency under AS 12.47.110 .
The attorney general may by regulation schedule a substance on an emergency basis as provided in AS 11.71.125 and AS 44.62 (Administrative Procedure Act).
The attorney general, in consultation with the commissioner of public safety, shall
1. develop a tool to track felony sex offenses reported to the Department of Public Safety by geographic location; the tracking tool must include a means to record the reason a reported offense was not referred for prosecution or, if referred, the reason the offense was not prosecuted and, if applicable, the reason a sex offense charged as a felony resulted in a conviction of an offense other than a sex offense under a plea agreement;
2. develop regulations and procedures to implement the requirements established under (1) of this subsection; and
3. provide training for the implementation of the regulations and procedures established under (2) of this subsection in each state department as necessary.

History. (§ 9-1-5 ACLA 1949; § 9 ch 64 SLA 1959; am § 1 ch 128 SLA 1959; am § 1 ch 8 SLA 1976; am § 89 ch 21 SLA 1995; am § 1 ch 3 SLA 1997; am §§ 1, 2 ch 112 SLA 2000; am § 60 ch 35 SLA 2003; am E.O. No. 111, § 3 (2003); am § 72 ch 10 FSSLA 2005; am § 1 ch 50 SLA 2006; am § 21 ch 16 SLA 2010; am § 3 ch 53 SLA 2013; am § 7 ch 55 SLA 2016; am § 20 ch 22 SLA 2018; am § 124 ch 4 FSSLA 2019)

Revisor's notes. —

In 2010, paragraph (b)(8) was renumbered as (b)(9) and (b)(9) was renumbered as (b)(8).

Cross references. —

For provision allowing for representation by an attorney of the Department of Law at a grand jury proceeding before a general court martial, see AS 26.05.440 .

Effect of amendments. —

The 2010 amendment, effective May 13, 2010, added the last sentence of (e).

The 2013 amendment, effective June 21, 2013, added (h).

The 2016 amendment, effective August 7, 2016, added (i). Although the 2016 amendment was to have taken effect July 1, 2016, under § 13, ch. 55, SLA2016, the governor did not sign the bill until August 6, 2016, and so the actual effective date of the 2016 amendment was August 7, 2016, under AS 01.10.070(d) .

The 2018 amendment, effective September 12, 2018, added (j).

The 2019 amendment, effective July 1, 2020, added (k).

Notes to Decisions

Powers and duties are those ascribed at common law. —

This section indicates that the office of the attorney general is to function with those powers and duties normally ascribed to it at common law. Public Defender Agency v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

Under the common law, an attorney general is empowered to bring any action which he thinks necessary to protect the public interest, and he possesses the corollary power to make any disposition of the state’s litigation which he thinks best. Public Defender Agency v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

Where four federally recognized Native American tribes and a member of a fifth tribe sued the U.S. Department of the Interior and the Secretary of the Interior, challenging the validity of a regulatory bar prohibiting the Secretary from acquiring land located in Alaska into trust status, the Attorney General of the State of Alaska, under this section, had the authority to bring suit in court and waive Eleventh Amendment immunity to the extent necessary for the litigation. Akiachak Native Cmty. v. DOI, 584 F. Supp. 2d 1 (D.D.C. 2008).

Authority to sue for restitution for defrauded land purchasers. —

The state has the authority to bring suit in the public interest on the basis of common-law fraud to obtain restitution for defrauded land purchasers. State v. First Nat'l Bank, 660 P.2d 406 (Alaska 1982).

What control over state's legal business includes. —

Discretionary control over the legal business of the state, both civil and criminal, includes the initiation, prosecution, and disposition of cases. Public Defender Agency v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

Discretion not subject to judicial review. —

When an act is committed to executive discretion, the exercise of that discretion within constitutional bounds is not subject to the control or review of the courts. To interfere with that discretion would be a violation of the doctrine of separation of powers. Public Defender Agency v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

Although the supreme court has jurisdiction to entertain a case and to find the existence of legal authority, it does not have power to control the exercise of the attorney general’s discretion as to whether he will take action in any particular cases of contempt for nonsupport. Public Defender Agency v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

Attorney general’s authority to prosecute cases under subsection (b)(3) (now (b)(4)) is not exclusive. Rollins v. State, 748 P.2d 767 (Alaska Ct. App. 1988).

Authority for private prosecution of criminal contempt charges resides in the express language of Civil Rule 90(b); such authority independently derives from the court’s inherent power to enforce its orders. Rollins v. State, 748 P.2d 767 (Alaska Ct. App. 1988).

Court may not order prosecution of contempt for nonsupport. —

The authority to proceed under this section does not empower the court to order the attorney general to prosecute any particular contempt for nonsupport. Public Defender Agency v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

Contempt of support order is violation of state law. —

In light of the substantial state interest in the enforcement of child support orders, contempt of such an order is a violation of state law within the meaning of subsection (b)(3) (now (b)(4)). Public Defender Agency v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

Authority to appoint special prosecutor. —

The appointment of a special prosecutor by the attorney general as a remedy to a perceived conflict was both appropriate and authorized under paragraph (b)(7) (now (b)(9)); prosecution of the alleged violations was a duty required by law under paragraph (b)(3) (now (b)(4)), and if the attorney general in the attorney general’s discretion chose to disqualify the attorney general’s office and the Department of Law from prosecuting the violations, then the appointment of a special prosecutor to conduct the prosecution was also a duty required by law. State v. Breeze, 873 P.2d 627 (Alaska Ct. App. 1994).

Quoted in

Botelho v. Griffin, 25 P.3d 689 (Alaska 2001).

Cited in

State v. R.H., 683 P.2d 269 (Alaska Ct. App. 1984); Standard Alaska Prod. Co. v. Schaible, 874 F.2d 624 (9th Cir. Alaska 1989); Alaskans for a Common Language, Inc. v. Kritz, 3 P.3d 906 (Alaska 2000); Anchorage Baptist Temple v. Coonrod, 166 P.3d 29 (Alaska 2007).

Collateral references. —

7 Am. Jur. 2d Attorney General, §§ 7 to 39.

7A C.J.S. Attorney General, §§ 26 to 73.

Right of attorney general to intervene in will contest case involving charitable trust. 74 ALR2d 1066.

Duty of trustees of charitable trust to furnish information and records to attorney general relating to trust administration. 86 ALR2d 1375.

Sec. 44.23.025. Department housing.

The Department of Law may operate state housing in support of its statutory responsibilities and charge rent consistent with applicable collective bargaining agreements, or, if no collective bargaining agreement is applicable, competitive with market conditions.

History. (§ 54 ch 36 SLA 1990)

Sec. 44.23.030. Promotion of uniform laws.

The Department of Law shall examine, collect, and arrange data as to prevailing laws in the United States and other countries on marriage, divorce, insolvency, wills, executors and administrators, probate practice, taxation, commercial law, civil and criminal practice in the courts, elections, insurance, real property, all phases of corporation law, forms of notarial certificates, vital statistics, attachments, banking, partnership, and other subjects where uniformity is considered important. It shall investigate the best means to assimilate and make uniform the laws of the several states, territories, and districts of the United States, and shall investigate and report upon these matters whenever the governor or the legislature refers them to it for investigation or action.
At least one member of the Department of Law shall attend each meeting of the National Conference on Uniform State Laws.

History. (§§ 10-5-5, 10-5-6 ACLA 1949)

Collateral references. —

63C Am. Jur. 2d, Public Officers and Employees, § 230

72 Am. Jur. 2d, State, Territories and Dependencies, § 9.

81A C.J.S. States, §§ 57 to 71.

Sec. 44.23.040. Records, reports, and recommendations on uniform laws.

The Department of Law shall, not less than 30 days before the beginning of each regular session of the legislature, present to the governor a report of its activities under AS 44.23.030 , together with recommendations that it considers proper. The governor shall notify the legislature when it convenes that the report is available.
The Department of Law, in consultation with the Department of Public Safety, shall gather and report data on felony sex offenses to the Alaska Judicial Council. The data must include
1. the number of felony sex offenses reported to the Department of Public Safety that were not referred for prosecution;
2. the number of felony sex offenses referred for prosecution that were not prosecuted;
3. the number of felony sex offenses that resulted in a conviction for a crime other than a sex offense; and
4. the number of sex offenses referred for prosecution that were charged as a felony and, under a plea agreement, resulted in a conviction for a crime other than a sex offense.

History. (§ 10-5-7 ACLA 1949; am § 90 ch 21 SLA 1995; am § 125 ch 4 FSSLA 2019)

Effect of amendments. —

The 2019 amendment, effective July 1, 2020, added (b).

Sec. 44.23.050. Employment of attorney to appear before distant court.

If a matter in which the state is interested is pending in a court distant from the capital, and it is necessary for the state to be represented by counsel, the attorney general, with the approval of the governor, may engage one or more attorneys to appear for the attorney general. The attorney general may pay for these services out of appropriations for the attorney general’s office.

History. (§ 9-1-16 ACLA 1949; am § 2 ch 128 SLA 1959)

Sec. 44.23.060. Discovery of information and data from transportation business.

In a hearing or proceeding in which the attorney general appears before a board, court, commission, committee, or officer of the United States involving traffic and commerce or rates of transportation between points in intrastate or interstate transportation, the attorney general may
1. demand from a person engaged in the transportation business between those points, that information which is
  1. pertinent at the hearing or proceeding; or
  2. necessary to prepare for the defense of the interests of the people of the state at the hearing or proceeding; and
2. may require by notice in writing that the person furnish for inspection, within a reasonable time, books or other records in the possession of the person showing
  1. the amount of freight and passenger traffic to and from or in the state;
  2. the rates charged on each class of freight or passenger;
  3. the carriage expense;
  4. other expense in aggregate and detail including overhead charges;
  5. the bonded and other indebtedness and interest charges;
  6. the gross capital invested and how invested;
  7. amounts charged off for depreciation;
  8. the gross and net income; and
  9. other data, either in detail or the aggregate, necessary or pertinent in the hearing or proceeding.
If the person does not furnish the data, information, books, or records for inspection by the attorney general within a reasonable time, upon a written demand by the attorney general that specifically sets out the information required, and the reason and need for its use in the hearing or proceeding, the attorney general may present to the judge of a state court a petition in the name of the state for the furnishing of the data, information, books, or records for inspection. The petition must set out the nature of the hearing or proceeding for which the information is required, the necessity or materiality of it, and other facts that are pertinent to showing the court the importance of obtaining the information.
If the court is satisfied that the petition is made in good faith to obtain information necessary or important to the state or its people at the hearing or proceeding designated and that the information can or ought to be supplied to the state, the court shall issue an order directing the person to appear before the court on a certain day and hour to show cause why an order should not issue directing the furnishing of the data, records, or books or part of them as the court considers proper. The order shall be served on the person as other process of the court.
At the time set in the order, or at another time set by the court, the court shall hear and determine the issues formed by the petition and the answer to it, if filed, and shall determine whether
1. the information or data mentioned in the petition is necessary or important to the state in the hearing in which it is proposed to be used;
2. it can be obtained; and
3. the person should produce it or a part of it for the purpose designated.
If the court finds that the information or data is important to the petitioner in preparing for the trial or is necessary or important at the hearing and that it should be furnished the attorney general for preparation for use in or production at the hearing, the court shall enter an order setting out the time within which the information or data shall be furnished or produced for inspection and whether in whole or in part and what part.
If the person does not furnish the attorney general with the information for inspection in the manner and within the time set out in the order, the person is guilty of contempt and is punishable by a fine of not more than $5,000. The fine shall be paid to the state treasury.

History. (§ 9-1-11 ACLA 1949)

Sec. 44.23.070. Victim/witness assistance program.

If the Department of Law maintains a victim/witness assistance program, subject to sufficient appropriations for the purpose, the services of that program shall be extended to victims of criminal offenses committed by persons under 18 years of age so that victims of these offenses may exercise the rights provided to them by law.

History. (§ 6 ch 107 SLA 1998)

Sec. 44.23.080. Subpoena power of attorney general in cases involving use of an Internet service account.

If there is reasonable cause to believe that an Internet service account has been used in connection with a violation of AS 11.41.452 , 11.41.455 , or AS 11.61.125 — 11.61.128 , and that the identity, address, and other information about the account owner will assist in obtaining evidence that is relevant to the offense, a law enforcement officer may apply to the attorney general or the attorney general’s designee for an administrative subpoena to obtain the business records of the Internet service provider located inside or outside of the state.
If an application meets the requirements of (a) of this section, the attorney general or the attorney general’s designee may issue an administrative subpoena to the Internet service provider requiring the production of the following records:
1. the name and other identifying information of the account holder;
2. the address and physical location associated with the account;
3. a description of the length of service, service start date, and types of service associated with the account.
A subpoena issued under (b) of this section must prescribe a reasonable time after service for the production of the information.
Service of a subpoena issued under (b) of this section may be by any method authorized by law or acceptable to the Internet service provider. At any time before the return date specified on the subpoena, the Internet service provider may petition a court of competent jurisdiction for the judicial district in which the provider resides or does business for an order modifying or quashing the subpoena or for an order sealing the court record.
If the Internet service provider refuses to obey a subpoena issued under (b) of this section, the superior court may, upon application of the attorney general or the attorney general’s designee, issue an order requiring the Internet service provider to appear at the office of the attorney general with the information described in the subpoena.
An Internet service provider who knowingly fails to produce the information required to be produced by the subpoena or court order is guilty of contempt under AS 09.50.010 .
Nothing in this section limits the authority of law enforcement from obtaining process from the court or through a grand jury subpoena to obtain the information described in (b) of this section.
A person may not bring a civil action against an Internet service provider, its officers, employees, agents, or other person for complying with an administrative subpoena issued under (b) of this section or a court order issued under (e) of this section.
For purposes of this section, the attorney general’s designee may be the deputy attorney general of the division of the Department of Law that has responsibility for civil cases or the division of the Department of Law that has responsibility for criminal cases.

History. (§ 19 ch 18 SLA 2010; am § 24 ch 20 SLA 2011; am §§ 34 — 37 ch 43 SLA 2013)

Effect of amendments. —

The 2011 amendment, effective July 1, 2011, repealed and reenacted the section.

The 2013 amendment, effective July 1, 2013, in (a), inserted “or the attorney general’s designee” following “may apply to the attorney general”; in (b), inserted “or the attorney general’s designee” following “requirements of (a) of this section, the attorney general”; in (e), inserted “or the attorney general’s designee” following “upon application of the attorney general”; added (i).

Editor’s notes. —

Section 21(b), ch. 18, SLA 2010, provides that the 2010 enactment of this section applies to offenses committed before, on, or after July 1, 2010.

Section 28(c), ch. 20, SLA 2011, provides that the 2011 amendment to (a) of this section applies “to offenses occurring before, on, or after July 1, 2011.”

Chapter 25. Department of Revenue.

Article 1. Powers and Duties.

Sec. 44.25.010. Commissioner of revenue.

The principal executive officer of the Department of Revenue is the commissioner of revenue.

History. (§ 10 ch 64 SLA 1959)

Collateral references. —

63C Am. Jur. 2d, Public Funds, § 1 et seq.

63C Am. Jur. 2d, Public Officers and Employees, §§ 9, 17, 18

72 Am. Jur. 2d, States, Territories and Dependencies, §§ 61, 64, 76.

81A C.J.S. States, §§ 157 to 174, 245 to 248.

Sec. 44.25.020. Duties of department.

The Department of Revenue shall

enforce the tax laws of the state;
collect, account for, have custody of, invest, and manage all state funds and all revenues of the state except revenues incidental to a program of licensing and regulation carried on by another state department, funds managed and invested by the Alaska Retirement Management Board, and as otherwise provided by law;
invest and manage the balance of the power development fund in accordance with AS 44.83.386 ;
administer the surety bond program for licensure as a fish processor or primary fish buyer.

History. (§ 10 ch 64 SLA 1959; am § 1 ch 1 SLA 1961; am § 15 ch 31 SLA 1963; am § 60 ch 32 SLA 1971; am § 18 ch 105 SLA 1977; am § 12 ch 118 SLA 1981; am E.O. No. 73 § 13 (1989); am § 22 ch 31 SLA 1992; am E.O. No. 85 § 2 (1993); am § 2 ch 41 SLA 1996; am E.O. No. 110, § 8 (2003); am § 11 ch 36 SLA 2004; am § 128 ch 9 FSSLA 2005; am § 1 ch 66 SLA 2014)

Revisor’s notes. —

In 2004, the paragraphs of this section were renumbered to reflect the repeal of former paragraph (4).

Administrative Code. —

For application of tax, see 15 AAC 21, art. 1.

For license officers, see 15 AAC 116, art. 1.

For licensing, see 15 AAC 116, art. 2.

Effect of amendments. —

The 2014 amendment, effective October 6, 2014, deleted (3), which read “register cattle brands;”, and made related changes.

Editor’s notes. —

Under § 146, ch. 9, FSSLA 2005, the 2005 amendment to paragraph (2) of this section made by ch. 9, FSSLA 2005, is retroactive to July 1, 2005.

Sec. 44.25.028. Conflicts of interest and required disclosures when duties relate to pension investments.

The commissioner of revenue may designate employees of the Department of Revenue who are subject to the provisions of AS 39.50 because of their responsibility for participating in the management or investment of the funds for which the Alaska Retirement Management Board is responsible.
If an officer or employee of the Department of Revenue with responsibility for funds for which the Alaska Retirement Management Board is responsible acquires, owns, or controls an interest, direct or indirect, in an entity or project in which assets under the control of the board are invested, the officer or employee shall immediately disclose the interest to the board. The disclosure is a matter of public record and shall be included in the minutes of the board meeting next following the disclosure. The commissioner shall adopt regulations to restrict officers and employees of the department from having a substantial interest in an entity or project in which assets under the control of the board are invested.
Failure to comply with the requirements of this section or regulations enacted under it is grounds for termination of employment.

History. (§ 23 ch 31 SLA 1992; am §§ 129, 130 ch 9 FSSLA 2005)

Editor’s notes. —

Under § 146, ch. 9, FSSLA 2005, the 2005 amendments to (a) and (b) of this section made by ch. 9, FSSLA 2005, are retroactive to July 1, 2005.

Secs. 44.25.030 — 44.25.038. Loans for Native corporations. [Repealed, § 72 ch 113 SLA 1982.]

Article 2. Bond Program for Fish Processors and Primary Fish Buyers.

Sec. 44.25.040. Security for certain obligations.

A person applying for a license as a fish processor or primary fish buyer shall file with the commissioner of revenue a performance bond, conditioned upon the promise to pay the following:
1. wages owing to all persons employed by the fish processor or primary fish buyer, including contractual employee benefits;
2. independent registered commercial fishermen for the price of the raw fishery resource purchased from them;
3. fees owing for the service of transporting raw fish;
4. contributions imposed under AS 23.20 (Alaska Employment Security Act).
A fish processor or primary fish buyer that processes more than 30,000 pounds of fish a year or purchases more than $30,000 of fish a year shall file a performance bond with the commissioner in the amount specified in this subsection. The amount of the bond is $10,000 unless, during the five years preceding the application, one of the following has occurred:
1. a final judgment in excess of $10,000 was awarded against the bond required under this section; if the final judgment against the bond was in excess of $10,000 but less than $50,000, the amount of the bond is increased to a total of $50,000; if the final judgment against the bond was $50,000 or more, the amount of the bond is increased to a total of $100,000;
2. the commissioner has determined that the fish processor has engaged in the business of fish processor in the state or the primary fish buyer has engaged in the business of primary fish buyer in the state while not in compliance with this section and has not yet satisfied a final judgment entered against the fish processor or primary fish buyer for payment for labor furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer; if the fish processor has engaged in the business of a fish processor or the primary fish buyer has engaged in the business of primary fish buyer while not in compliance with this section and has not yet satisfied a final judgment for payment for labor furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer, the amount of the bond is increased to a total of $100,000; or
3. the commissioner has determined under (j) of this section that a claim against the bond filed by the Department of Labor and Workforce Development under (i) of this section met the requirements in (i) of this section; if the amount of the claim was in excess of $10,000 but was less than $50,000, the amount of the bond is increased to a total of $50,000; if the amount of the claim was $50,000 or more, the amount of the bond is increased to a total of $100,000; an increase in bond amount under this paragraph may not be imposed until 45 days after the commissioner determines under (j) of this section that the claim of the Department of Labor and Workforce Development met the requirements in (i) of this section.
A fish processor or primary fish buyer that processes 30,000 pounds or less of fish a year and purchases $30,000 or less of fish a year shall file a performance bond with the commissioner in the amount specified in this subsection. The amount of the bond is $2,000 unless, during the preceding five years, one of the following has occurred:
1. a final judgment in excess of $2,000 was awarded against the bond required under this section; if the final judgment against the bond was in excess of $2,000 but less than $10,000, the amount of the bond is increased to a total of $10,000; if the final judgment against the bond was $10,000 or more, the amount of the bond is increased to a total of $20,000;
2. the commissioner has determined that the fish processor has engaged in the business of fish processor in the state or that the primary fish buyer has engaged in the business of primary fish buyer in the state while not in compliance with this section and has not yet satisfied a final judgment entered against the fish processor or primary fish buyer for payment for labor furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer; if the fish processor has engaged in the business of fish processor or primary fish buyer has engaged in the business of primary fish buyer while not in compliance with this section and has not yet satisfied a final judgment for payment for labor furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer, the amount of the bond is increased to a total of $20,000; or
3. the commissioner has determined under (j) of this section that a claim against the bond filed by the Department of Labor and Workforce Development under (i) of this section met the requirements in (i) of this section; if the amount of the claim was in excess of $2,000 but was less than $10,000, the amount of the bond is increased to a total of $10,000; if the amount of the claim was $10,000 or more, the amount of the bond is increased to a total of $20,000; an increase in bond amount under this paragraph may not be imposed until 45 days after the commissioner determines under (j) of this section that the claim of the Department of Labor and Workforce Development met the requirements in (i) of this section.
If a fish processor who has filed a performance bond under (c) of this section processes more than 30,000 pounds of fish in a year or purchases more than $30,000 of fish in a year, the fish processor shall, within seven days after the day on which the 30,000 pound threshold or the $30,000 threshold is exceeded, notify the commissioner and comply with (b) of this section. If a fish processor who has filed a performance bond under (c) of this section processes more than 30,000 pounds of fish in a year or purchases more than $30,000 of fish in a year, and does not comply with (b) of this section within seven days after the date on which the 30,000 pound threshold or the $30,000 threshold is exceeded, the fish processor shall suspend processing fish until a bond has been filed under (b) of this section.
If a primary fish buyer who has filed a performance bond under (c) of this section purchases more than $30,000 of fish in a year, the primary fish buyer shall, within seven days after the day on which the $30,000 threshold is exceeded, notify the commissioner and comply with (b) of this section. If a primary fish buyer who has filed a performance bond under (c) of this section purchases more than $30,000 of fish in a year, and does not comply with (b) of this section within seven days after the date on which the $30,000 threshold is exceeded, the primary fish buyer shall suspend purchases of fish until a bond has been filed under (b) of this section.
A fish processor or primary fish buyer may use only a surety bond, cash deposit, or other negotiable security as a performance bond under this section. The surety must be satisfactory in the determination of the commissioner. The use of other negotiable security as a performance bond must be in a form acceptable to the commissioner. The commissioner shall waive the filing of a performance bond under this section if
1. the fish processor or primary fish buyer has more than $10,000 in lienable real property located in the state and provides proof of the property in a form satisfactory to the commissioner;
2. the fish processor or primary fish buyer is not required under (b) or (c) of this section to post a bond in excess of $10,000; and
3. within the five years preceding the application under AS 43.75.020 , an employee, fisherman, or contracted raw fish transporter has not obtained a final judgment against the fish processor’s or primary fish buyer’s bond under this section.
If an applicant for a license as a fish processor or primary fish buyer has complied with this section, the Department of Revenue may issue that applicant a license to engage in the business of fish processor or primary fish buyer.
A claim against a fish processor or primary fish buyer for failing to pay an employee for wages or contractual benefits owed, for failing to pay an independent registered fisherman for the price of raw fishery resource purchased from the fisherman, or for failing to pay an independent contractor for the transportation of raw fish may be brought upon the bond filed under this section in the superior court of the judicial district in which the work was done or in any judicial district in the state in which jurisdiction may be obtained. If an action is brought upon the bond, a copy of the complaint shall be served by registered or certified mail upon the commissioner at the time the suit is filed. The commissioner shall transmit a copy of the complaint and any judgment to the surety or holder of the negotiable security. If a judgment is entered against cash deposited with the commissioner, the commissioner, upon receipt of a certified copy of a final judgment, shall pay the judgment from the amount of the deposit. The commissioner shall maintain a record, available for public inspection, of all suits commenced under this subsection.
A claim against a fish processor or primary fish buyer for failing to pay contributions imposed under AS 23.20 may be brought by the Department of Labor and Workforce Development against the bond filed under this section by filing a claim against the bond with the commissioner, along with proof, satisfactory to the commissioner, that the fish processor or primary fish buyer
1. received a notice of assessment under AS 23.20.205 ;
2. did not pay the amount specified in the notice of assessment within 30 days after receiving the notice of assessment or, if the assessment was contested under AS 23.20.220 , within 30 days after receiving the department’s final decision under AS 23.20.220 (c); and
3. did not file an appeal of the assessment under AS 23.20.220 or filed an appeal but did not initiate a proceeding for judicial review under AS 23.20.445 within 30 days after the department’s final decision under AS 23.20.220(c) .
If the commissioner determines that the Department of Labor and Workforce Development has met the claim requirements in (i) of this section, the commissioner shall forward the claim and supporting documents to the surety or holder of the negotiable security. If the fish processor or primary fish buyer has deposited cash with the commissioner, the commissioner shall pay the claim of the Department of Labor and Workforce Development from the amount of the deposit. If the commissioner determines that the Department of Labor and Workforce Development has not met the claim requirements in (i) of this section, the commissioner shall provide the Department of Labor and Workforce Development with written notice of the deficiency of its claim.
If a performance bond is insufficient to satisfy all claims filed against it under this section, claims brought against the bond under (h) of this section have priority over a claim filed against the bond under (i) of this section. The Department of Labor and Workforce Development shall return to the commissioner money received from a claim filed against a fish processor’s or primary fish buyer’s performance bond under (i) of this section if an employee, fisherman, or contracted raw fish transporter obtains a final judgment under (h) of this section against that fish processor’s or primary fish buyer’s bond and the
1. fish processor or primary fish buyer has not replenished the bond after it was used to cover the claim filed under (i) of this section; or
2. final judgment obtained by the employee, fisherman, or contracted raw fish transporter is more than the amount of the bond available under (b) or (c) of this section.
The term of a performance bond expires two years after the fish processor or primary fish buyer is no longer licensed in this state, except that if, during that two-year period, a claim has been asserted against the bond, the term of the bond is five years. If the surety on the bond wishes to cancel the bond, the surety may do so by giving the commissioner written notice of intention to cancel. The cancellation is effective 30 days after the notice is delivered to the commissioner.

History. (E.O. No. 85 § 3 (1993); am §§ 1, 2 ch 46 SLA 1995; am § 4 ch 24 SLA 2005)

Legislative history reports. —

For governor’s transmittal letter for ch. 24, SLA 2005 (SB 124), proposing the 2005 repeal and reenactment of this section, see 2005 Senate Journal 441 — 442.

Notes to Decisions

Section creates implicit action against buyer. —

This section requires a person or firm acting as a “primary fish buyer” to be licensed and to post the specified bond, and it treats the surety bond of the primary fish buyer as security for fulfilling the purchase terms promised to the fisher; the fisher has an implicit claim against the buyer of the fish if the fisher is not fully paid. Deaver v. Auction Block Co., 107 P.3d 884 (Alaska 2005).

Auctioneer can be treated as primary fish buyer. —

Where it was undisputed that an auctioneer gave a commercial fisherman a fish ticket, the auctioneer was the “primary fish buyer” of the fisherman’s halibut within the meaning of AS 44.25.048 (6) and this section; its status as an auctioneer was not inconsistent with its status as the primary fish buyer and the fisherman could proceed against the auctioneer and the auctioneer’s surety bond. Deaver v. Auction Block Co., 107 P.3d 884 (Alaska 2005).

Sec. 44.25.041. Exemptions from bonding requirement.

A fish processor or primary fish buyer that does not purchase fish or hire employees is exempt from the bonding requirements of AS 44.25.040 .
Restaurants, grocery stores, and established fish markets are exempt from the bonding requirement of AS 44.25.040 .

History. (E.O. No. 85 § 3 (1993))

Notes to Decisions

Stated in

Deaver v. Auction Block Co., 107 P.3d 884 (Alaska 2005).

Sec. 44.25.042. Suspension and revocation of license.

History. (E.O. No. 85 § 3 (1993); am § 5 ch 24 SLA 2005)

Legislative history reports. —

For governor’s transmittal letter for ch. 24, SLA 2005 (SB 124), adding (h) of this section, see 2005 Senate Journal 441 — 442.

Sec. 44.25.045. Penalty for failure to obtain bond.

A person who is required to obtain the bond required by AS 44.25.040 and who fails to obtain that bond is guilty of a class A misdemeanor. Each day a violation occurs constitutes a separate offense.

History. (E.O. No. 85 § 3 (1993))

Sec. 44.25.047. Regulations.

The commissioner may adopt regulations to carry out the provisions of AS 44.25.040 — 44.25.048 .

History. (E.O. No. 85 § 3 (1993))

Sec. 44.25.048. Definitions for surety bond program.

In AS 44.25.040 — 44.25.048 , unless the context otherwise requires,

“commissioner” means the commissioner of revenue;
“established fish market” means a market maintained in a permanent structure exclusively for the sale of seafood to the public at retail;
“fish” means any species of aquatic finfish, invertebrates and amphibians, shellfish, or any other raw fishery resource, in any stage of its life cycle, found in or introduced into the state, and includes fish eggs except fish eggs sold for stock enhancement purposes;
“fish processor” means a person engaging or attempting to engage in a business for which a license is required under AS 43.75;
“grocery store” means a store maintained for the sale of food products exclusively to the public at retail;
“primary fish buyer” means a person, other than a cooperative corporation organized under AS 10.15, engaging or attempting to engage in the business of originally purchasing or buying any fishery resource in intrastate, interstate, or foreign commerce;
“restaurant” includes a place maintained for the sale and on-premise consumption of food, and a street vendor who sells food prepared for immediate consumption.

History. (E.O. No. 85 § 3 (1993))

Notes to Decisions

Auctioneer as primary fish buyer. —

Where it was undisputed that an auctioneer gave a commercial fisherman a fish ticket, the auctioneer was the “primary fish buyer” of the fisherman’s halibut within the meaning of AS 44.25.040 and this section; its status as an auctioneer was not inconsistent with its status as the primary fish buyer and the fisherman could proceed against the auctioneer and the auctioneer’s surety bond. Deaver v. Auction Block Co., 107 P.3d 884 (Alaska 2005).

Article 3. Film Office.

Cross references. —

For provisions relating to an additional one-time incentive credit for the first scripted episodic television production produced in the state after July 1, 2013, see § 35, ch. 51, SLA 2012 in the 2012 Temporary and Special Acts.

For nonseverability of the sections of this article from one another and from other 2012 amendments in ch. 51, SLA 2012 relating to film tax credits, in case one of those sections or provisions is held invalid, see § 38, ch. 51, SLA 2012 in the 2012 Temporary and Special Acts. Sections affected by the 2012 film tax credit amendments include AS 24.20.271 , AS 43.75.130(f) , AS 43.77.060(e) , AS 43.98.030 , AS 44.25.100 - 44.25.190, AS 44.33.231 , and AS 44.33.232 - 44.33.239 .

For transitional provision relating to the delayed repeal of AS 44.25.100 — 44.25.190, the 2012 amendments to AS 43.98.030 , and the 2013 repeal of AS 44.33.231 — 44.33.239 , see sec. 4, ch. 21, SLA 2013.

Secs. 44.25.100 — 44.25.130. Film office; duties; Alaska film production incentive program; eligibility; qualification for film production tax credit; award of film production tax credit; determination of qualified expenditures. [Repealed, § 7 ch 35 SLA 2015, effective July 1, 2015.]

Sec. 44.25.135. Recovery of film production tax credit.

History. [Repealed, § 8 ch 35 SLA 2015 ch 35 SLA 2015.]

Secs. 44.25.140 — 44.25.190. Regulations, Alaska Film Incentive Review Commission; review of qualifications and award of film production tax credits; definitions. [Repealed, § 7 ch 35 SLA 2015.]

Chapter 27. Department of Education and Early Development.

Article 1. State Board of Education and Early Development and Department of Education and Early Development.

Sec. 44.27.010. Board and commissioner of education.

There is at the head of the Department of Education and Early Development a Board of Education and Early Development. The commissioner of education and early development is the principal executive officer of the department.

History. (§ 11 ch 64 SLA 1959; am § 12 ch 96 SLA 1967)

Revisor’s notes. —

In 1999, in this section, “commissioner of education” was changed to “commissioner of education and early development” and “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999.

In 2000, “Board of Education and Early Development” was substituted for “Board of Education” in accordance with sec. 104, ch. 21, SLA 2000.

Collateral references. —

63C Am. Jur. 2d, Public Officers and Employees, §§ 9, 17, 18

67B Am. Jur. 2d, Schools, §§ 66-95

72 Am. Jur. 2d, States, Territories and Dependencies, § 64.

78 C.J.S. Schools and School Districts, §§ 3 to 175.

Sec. 44.27.020. Duties of department.

The Department of Education and Early Development shall

administer the state’s program of education at the elementary, secondary, and adult levels, including, but not limited to, programs of vocational education and training, library services, and correspondence courses, but not including degree programs of postsecondary education;
administer the historical library; and
plan, finance, and operate related school and educational activities and facilities;
[Repealed, E.O. No. 108, § 88 (2003).]

History. (§ 11 ch 64 SLA 1959; am § 77 ch 69 SLA 1970; am § 5 ch 86 SLA 1979; am E.O. No. 62, § 3 (1986); am § 53 ch 58 SLA 1999; am E.O. No. 108, § 88 (2003))

Administrative Code. —

For special schools, see 4 AAC 33, art. 1.

Article 2. Alaska State Council on the Arts.

Sec. 44.27.040. Alaska State Council on the Arts.

The Alaska State Council on the Arts is created as a public corporation of the state in the Department of Education and Early Development but with separate and independent legal existence. Upon termination of the council, its rights and property pass to the state.

History. (E.O. No. 44, § 4 (1980); am § 3 ch 16 SLA 2017)

Revisor’s notes. —

In 1999, in this section, “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999.

Cross references. —

For transitional provision related to the Alaska State Council on the Arts, see sec. 16, ch. 16, SLA 2017 in the 2017 Temporary and Special Acts.

Effect of amendments. —

The 2017 amendment, effective July 1, 2017, rewrote the section, which read, “There is created in the Department of Education and Early Development an Alaska State Council on the Arts.”

Sec. 44.27.041. Board of trustees.

The Alaska State Council on the Arts shall be governed by a board of trustees consisting of 11 members, broadly representative of all fields of the performing, visual, literary, and fine arts, who are widely known for their competence and experience or expertise in connection with the performing, visual, literary, and fine arts.

History. (E.O. No. 44, § 4 (1980); am § 4 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.27.050 . Renumbered in 1980.

The 2017 amendment, effective July 1, 2017, substituted “shall be governed by a board of trustees consisting of 11 members” for “consists of 11 members”, substituted “expertise” for “interest” preceding “in connection with”, and inserted “literary,” preceding “and fine arts” twice.

Sec. 44.27.042. Appointment.

The trustees are to be appointed by the governor from among citizens of the state. In making the appointments, consideration must be given to the recommendations made by representative civic, educational, and professional associations and groups concerned with or engaged in the production or presentation of the performing, visual, literary, and fine arts generally. In making the appointments, consideration must also be given to having statewide geographical representation on the board of trustees. The trustees serve at the pleasure of the governor, and their appointments are not subject to legislative confirmation.

History. (E.O. No. 44, § 4 (1980); am § 5 ch 16 SLA 2017)

Revisor's notes. —

Enacted as AS 44.27.060 . Renumbered in 1980.

Cross references. —

For transitional provision related to the membership of the board of trustees of the Alaska State Council on the Arts, see sec. 16(a), ch. 16, SLA 2017.

Effect of amendments. —

The 2017 amendment, effective July 1, 2017, in the first sentence, substituted "trustees" for "members" near the beginning, and inserted "literary," preceding "and fine arts generally" near the end, substituted "board of trustees" for "council" in the second sentence, substituted "trustees" for "members of the council" in the third sentence, and made a stylistic change.

Sec. 44.27.043. Terms of office.

The term of office of each trustee is three years. All vacancies are to be filled for the balance of the unexpired term in the same manner as original appointments.

History. (E.O. No. 44, § 4 (1980); am § 32 ch 168 SLA 1990; am § 6 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.27.070. Renumbered in 1980.

The 2017 amendment, effective July 1, 2017, substituted “trustee” for “member” in the first sentence.

Sec. 44.27.044. Compensation.

The trustees are not entitled to receive compensation for their services, but they may be reimbursed by the council for actual and necessary travel expenses at the same rate paid to members of state boards under AS 39.20.180 .

History. (E.O. No. 44, § 4 (1980); am § 7 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.27.080 . Renumbered in 1980.

Cross references. —

For per diem and travel expenses, see AS 39.20.180 .

The 2017 amendment, effective July 1, 2017, substituted “trustees” for “members of the council” near the beginning, and substituted “may be reimbursed by the council for actual and necessary travel expenses at the same rate paid to members of state boards under AS 39.20.180 ” for “are entitled to receive the same travel pay and per diem as provided by law for board members” at the end.

Sec. 44.27.045. Chair and vice-chair.

The governor shall designate a chair and a vice-chair from the trustees. The chair and vice-chair serve at the pleasure of the governor. The chair shall be the chief executive officer of the board of trustees.

History. (E.O. No. 44, § 4 (1980); am § 8 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.27.090 . Renumbered in 1980.

The 2017 amendment, effective July 1, 2017, rewrote the section, which read, “The governor shall designate a chairman and a vice-chairman from the members of the council to serve as such at the pleasure of the governor. The chairman shall be the chief executive officer of the council.”

Sec. 44.27.050. Duties of council.

The council shall

stimulate and encourage throughout the state the study and presentation of the performing, visual, literary, and fine arts and public interest, participation, and investment in the arts;
conduct research considered advisable on public and private institutions engaged in the state in artistic and cultural activities, including music, theatre, dance, painting, sculpture, architecture, and allied arts and crafts, and make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;
take steps necessary and appropriate to encourage public interest in the cultural heritage of the state and to expand the state’s cultural resources;
encourage and assist freedom of artistic expression essential for the well-being of the arts;
manage the art in public places fund;
administer the provisions of AS 45.65 relating to the identification seal for authentic Alaska Native art created or crafted in the state and adopt regulations to carry out those provisions.

History. (E.O. No. 44, § 4 (1980); am § 7 ch 176 SLA 1980; am § 2 ch 97 SLA 1986; am E.O. No. 100, § 2 (1998); am § 1 ch 16 SLA 2008; am § 9 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.27.100. Renumbered in 1980.

The 2017 amendment, effective July 1, 2017, in (1), inserted “literary,” preceding “and fine arts” and added “,and investment in the arts” at the end, in (2), deleted “but not limited to” preceding “music, theatre, dance” and made related and stylistic changes throughout the section.

Sec. 44.27.052. Powers of council.

The council may
1. hold public and private hearings;
2. enter into contracts, within the limit of funds available, with individuals, organizations, and institutions for services furthering the strategic objectives of the council’s programs;
3. enter into contracts, within the limit of funds available, with local and regional associations for cooperative endeavors furthering the strategic objectives of the council’s programs;
4. accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the strategic objectives of the council’s programs;
5. make and sign agreements and do and perform any acts necessary to carry out the purposes of AS 44.27.040 — 44.27.060 ; and
6. adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the provisions of AS 44.27.040 — 44.27.060 .
The council may request and is entitled to receive from any department, division, board, bureau, commission, or agency of the state the assistance and data that will enable it properly to carry out its powers and duties. The council is authorized to receive state funds made available for its purposes.

History. (E.O. No. 44, § 4 (1980); am § 39 ch 85 SLA 1988; am § 1 ch 30 SLA 2010; am § 10 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.27.110. Renumbered in 1980. Divided into subsections (a) and (b) in 1989.

Cross references. —

For transitional provision related to regulations and contracts of the Alaska State Council on the Arts, see § 16(c), ch. 16, SLA 2017.

Administrative Code. —

For operating support grants, see 20 AAC 30, art. 1.

For project grants, see 20 AAC 30, art. 2.

For individual fellowship grant, see 20 AAC 30, art. 4.

For career opportunity grants, see 20 AAC 30, art. 5.

For master artist and apprentice grants, see 20 AAC 30, art. 6.

For workshop program, see 20 AAC 30, art. 7.

For education programs, see 20 AAC 30, art. 8.

For community arts development grants, see 20 AAC 30, art. 10.

For arts education incentive grants, see 20 AAC 30, art. 13.

For council procedures, see 20 AAC 30, art. 14.

Effect of amendments. —

The 2010 amendment, effective June 2, 2010, added (a)(6) and made a related stylistic change.

The 2017 amendment, effective July 1, 2017, substituted “strategic” for “educational” throughout subsection (a).

Sec. 44.27.054. Powers of chair.

Subject to available appropriations, the chair may, with the concurrence of a majority of the trustees,

employ necessary personnel; the personnel employed by the council are exempt from AS 39.25 (State Personnel Act); and
contract for the services of experts and other persons who may be needed.

History. (E.O. No. 44, § 4 (1980); am § 11 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.27.120. Renumbered in 1980.

The 2017 amendment, effective July 1, 2017, in the introductory language, substituted “chair” for “chairman”, and added “trustees,” at the end, added the (1) and (2) designations, deleted “council,” at the beginning of (1) and added “; the personnel employed by the council are exempt from AS 39.25 (State Personnel Act);” at the end of (1), deleted “may” at the beginning of (2), made related and stylistic changes.

Sec. 44.27.055. Administration of affairs.

The board of trustees shall manage the assets and exercise the authority of the council and may adopt, amend, and repeal bylaws and regulations governing the manner in which the business of the council is conducted and the manner in which the council’s powers are exercised.
The board of trustees shall employ an executive director who is not a member of the board of trustees to supervise administration of the council. The executive director serves at the pleasure of the board of trustees.
The council is exempt from AS 36.30 (State Procurement Code). The board of trustees shall adopt and publish procedures to govern procurement of supplies, services, professional services, and construction. The procurement procedures must include the preferences of an Alaska bidder and an Alaska veteran that are consistent with the preferences in AS 36.30.321 .
The operating budget of the council is subject to AS 37.07 (Executive Budget Act).

History. (§ 12 ch 16 SLA 2017)

Effective dates. —

Section 17, ch. 16, SLA 2017 makes this section effective July 1, 2017.

Sec. 44.27.056. Reports.

The council shall report to the governor from time to time. The council shall notify the legislature when its reports are available.

History. (E.O. No. 44, § 4 (1980); am § 91 ch 21 SLA 1995; am § 53 ch 56 SLA 2005)

Revisor’s notes. —

Enacted as AS 44.27.130. Renumbered in 1980.

Sec. 44.27.058. National endowment funds.

The council is the official agency of this state to receive and disburse funds made available by the National Endowment for the Arts and shall comply with the requirements of 20 U.S.C. 951 — 960 (National Foundation on the Arts and the Humanities Act of 1965), as amended, in the receipt and disbursement of the funds.

History. (E.O. No. 44, § 4 (1980); am § 13 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.27.140. Renumbered in 1980.

The 2017 amendment, effective July 1, 2017, added “and shall comply with the requirements of 20 U.S.C. 951 — 960 (National Foundation on the Arts and the Humanities Act of 1965), as amended, in the receipt and disbursement of the funds” at the end.

Sec. 44.27.060. Art in public places fund.

The art in public places fund is established. The council shall manage the fund.
The commissioner of a department responsible for the design and construction of a building or facility shall deposit into the art in public places fund one percent of the construction cost of a building or facility if the building or facility is exempt from the requirements of AS 35.27 and the exemption is because
1. the estimated construction cost of the building or facility is less than $250,000; or
2. the building or facility is not designed for substantial public use.
The council may use the money in the art in public places fund
1. to commission or purchase a work of art that is to be made a permanent part of, or placed on loan in, a building or facility owned or leased by the state that has substantial public use; and
2. to meet expenses for a commissioned work of art for a building or facility that has substantial public use if the cost of the work of art exceeds the amount reserved under AS 35.27.020(c) .
In (c) of this section, “building” or “facility” means
1. a building or facility of the state, as defined by AS 35.27.030 , that is designed for and that is subject to substantial public use; and
2. a building or facility that is leased by the state and subject to substantial public use.
Except as provided in (f) and (g) of this section, an artist’s submission made in response to an inquiry or solicitation initiated by the council under this section is confidential and not subject to public inspection or disclosure under AS 40.25.100 — 40.25.295 (Alaska Public Records Act).
If the council awards a commission for an artist’s submission that is confidential under (e) of this section, the submission is no longer confidential and the council shall disclose the submission to any person who requests the disclosure. If the council does not award a commission for the submission, the council shall notify the artist and return the submission at the artist’s request.
The provisions of (e) and (f) of this section do not apply to an artist’s submission if the council finds that the artist
1. created the submission as a work made for hire, as that term is defined in 17 U.S.C. 101; or
2. has transferred the artist’s copyright for the work under 17 U.S.C. 204.

History. (§ 8 ch 176 SLA 1980; am § 97 ch 59 SLA 1982; am § 37 ch 32 SLA 1997; am § 14 ch 16 SLA 2017)

Revisor’s notes. —

Enacted as AS 44.19.942. Renumbered in 1980.

Cross references. —

For provisions relating to artworks in public buildings and facilities under this section, see AS 35.27.010 —35.27.030.

Administrative Code. —

For Alaska contemporary art bank, see 20 AAC 30, art. 12.

Effect of amendments. —

The 2017 amendment, effective July 1, 2017, added (e), (f), and (g).

Secs. 44.27.061 — 44.27.076. Alaska Historical Commission. [Repealed, E.O. No. 63, § 3 (1987). For current law, see AS 41.35.300 — 41.35.380.]

Sec. 44.27.080. Competition for the design of the special request plate celebrating the arts.

The council shall hold a competition every four years to select a design for the vehicle registration plate celebrating the arts under AS 28.10.161(b)(1)(C) . The council shall select a panel of judges to judge the submissions for the contest and shall include the previous design winner on the panel. The panel shall select the top submissions, and the council shall conduct a public vote to determine the winner of the competition. The council shall use the winning design when consulting with the commissioner of administration under AS 28.10.161(b)(1)(C) .
[Repealed, § 8 ch. 70, SLA 2018.]

History. (§ 5 ch 15 SLA 2016; am §§ 7, 8 ch 70 SLA 2018)

The 2018 amendment, effective October 27, 2018, substituted “vehicle registration” for “special request” following “design for the” in the first sentence, and in the first and third sentences, substituted “AS 28.10.161(b)(1)(C) ” for “AS 28.10.181(u) ”; repealed (b).

Effective dates. —

Section 5, ch. 15, SLA 2016, which enacted this section, took effect on August 31, 2016.

Sec. 44.27.090. Definitions.

In this chapter,

“board of trustees” means the board of trustees of the Alaska State Council on the Arts;
“council” means the Alaska State Council on the Arts.

History. (§ 15 ch 16 SLA 2017)

Effective dates. —

Section 17, ch. 16, SLA 2017 makes this section effective July 1, 2017.

Chapter 28. Department of Corrections.

Administrative Code. —

For department of corrections, see 22 AAC.

Sec. 44.28.010. Commissioner of corrections.

The principal executive officer of the Department of Corrections is the commissioner of corrections.

History. (E.O. No. 55, § 38 (1984))

Sec. 44.28.020. Duties of department.

The Department of Corrections shall administer the state programs of corrections, including
1. state adult penal institutions;
2. probation and parole supervision; and
3. extraditions and detainers.
The department shall, with the approval of the Council on Domestic Violence and Sexual Assault, adopt standards, by regulation, for rehabilitation programs for perpetrators of domestic violence as defined in AS 18.66.990 and for the approval of those programs. For purposes of AS 12.55.101 , AS 18.66.100(c) , and AS 33.16.150(f) , the department shall approve a program if the department determines that the program meets the standards. Upon application of a program, the department may waive one or more standards and approve the program if the department determines
1. there is good cause for the waiver;
2. the safety of victims and children is not compromised by the waiver;
3. an acceptable alternative is provided by the program.
The department shall establish an automated inmate information system to allow persons to place surcharge telephone calls to obtain information concerning inmates and where they are incarcerated, bail and bond information, and information concerning visiting hours at institutions. A system established under this subsection shall be designed so that
1. all the costs of the system are, at a minimum, met by the revenues received from calls to the system; and
2. the revenues received satisfy or defray the costs of establishing and maintaining an automated victim notification system established under AS 12.61.050 .

History. (E.O. No. 55, § 38 (1984); am § 65 ch 64 SLA 1996; am § 3 ch 73 SLA 1997; am § 16 ch 86 SLA 1998; am § 93 ch 21 SLA 2000)

Administrative Code. —

For programs for rehabilitation of perpetrators of domestic violence, see 22 AAC 25.

Notes to Decisions

Victim is without standing regarding selection of rehabilitation program. —

Where a crime victim claimed that her husband’s sentence for assaulting her was illegal because he was ordered to participate in a batterer’s intervention program that was not approved by the Department of Corrections as required by AS 12.55.101(a)(1) and this section, the court dismissed her application for original relief; neither Alaska Const. art. I, § 24 nor the Victims’ Rights Act, AS 12.61.010 , gives crime victims the right to intervene in the litigation of a criminal case. Cooper v. Dist. Court, 133 P.3d 692 (Alaska Ct. App. 2006).

Sec. 44.28.030. Regulations.

The commissioner may adopt regulations to carry out or assist in carrying out the powers and duties of the department.

History. (E.O. No. 55, § 38 (1984))

Administrative Code. —

For admission to adult correctional facilities, see 22 AAC 5, art. 1.

For security, see 22 AAC 5, art. 2.

For operations, see 22 AAC 5, art. 3.

For classification, see 22 AAC 5, art. 4.

For programs, see 22 AAC 5, art. 5.

For discipline, see 22 AAC 5, art. 6.

For segregation, see 22 AAC 5, art. 7.

For communications, see 22 AAC 5, art. 8.

For discharge, see 22 AAC 5, art. 9.

For probation, see 22 AAC 10, art. 1.

For sex offender treatment providers, see 22 AAC 30.

Chapter 29. Department of Health and Social Services.

Administrative Code. —

For Health and Social Services, see 7 AAC.

For grant programs, see 7 AAC 78.

Article 1. Organization.

Administrative Code. —

For fees for department services, see 7 AAC 80.

Sec. 44.29.010. Commissioner of health and social services.

The principal executive officer of the Department of Health and Social Services is the commissioner of health and social services.

History. (§ 12 ch 64 SLA 1959; am § 2 ch 104 SLA 1971)

Collateral references. —

39 Am. Jur. 2d, Health, §§ 17-30

63C Am. Jur. 2d, Public Funds, §§ 59, 64.

39A C.J.S., Health and Environment, § 1 et seq.

Sec. 44.29.020. Duties of department.

The Department of Health and Social Services shall administer the state programs of public health and social services, including
1. maternal and child health services;
2. preventive medical services;
3. public health nursing services;
4. nutrition services;
5. health education;
6. laboratories;
7. mental health treatment and diagnosis;
8. management of state institutions, except for adult penal institutions;
9. medical facilities;
10. adult public assistance;
11. the Alaska temporary assistance program;
12. child welfare services;
13. general relief;
14. a comprehensive smoking education, tobacco use prevention, and tobacco control program; to the maximum extent possible, the department shall administer the program required under this paragraph by grant to or contract with one or more organizations in the state; the department’s program must include
  1. a community-based tobacco use prevention and cessation component addressing the needs of youth and adults that includes use of cessation aids such as a nicotine patch or a nicotine gum tobacco substitute;
  2. youth-based efforts that involve youth in the design and implementation of tobacco control efforts;
  3. anti-tobacco counter-marketing targeting both youth and adult populations designed to communicate messages to help prevent youth initiation of tobacco use, promote cessation among tobacco users, and educate the public about the lethal effects of exposure to secondhand smoke;
  4. tobacco use surveys of youth and adult populations concerning knowledge, awareness, attitude, and use of tobacco products; and
  5. an enforcement component;
15. the Alaska Pioneers’ Home and the Alaska Veterans’ Home;
16. licensure and regulation of child care facilities;
17. a comprehensive marijuana use education and treatment program; to the extent possible, the department shall administer the program required under this paragraph by grant to or contract with one or more organizations in the state; the department’s program must include
  1. a community-based marijuana misuse prevention component; the community-based component must provide for a youth services grant program to
    1. reduce initiation and promote cessation of marijuana use by youth, reduce youth access to marijuana products, and reduce exposure of youth to impaired driving dangers related to marijuana use;
    2. provide recreational, educational, and character-building programs for youth outside school hours; and
    3. address marijuana use prevention through outcome-based curricula, adult and peer mentoring, and opportunities for positive, prosocial leisure and recreational activities;
  2. marijuana public education designed to communicate messages to help prevent youth initiation of marijuana use, educate the public about the effects of marijuana use, and educate the public about marijuana laws;
  3. surveys of
    1. youth and adult populations concerning knowledge, awareness, attitude, and use of marijuana products;
    2. the need for trained professionals working in organizations described in this paragraph;
  4. the development of plans to address the need for trained professionals and to assist in implementing a training program for those professionals;
  5. monitoring of population health status related to the consequences of marijuana use; and
  6. substance abuse screening, brief intervention, and referral to treatment.
The Department of Health and Social Services shall comply with AS 15.07.055 to serve as a voter registration agency to the extent required by state and federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993).
The Department of Health and Social Services shall cooperate with the Department of Public Safety in enforcement of the prohibition on the possession, offer, display, marketing, advertising, or sale of illicit synthetic drugs under AS 17.21.

History. (§ 12 ch 64 SLA 1959; am § 3 ch 104 SLA 1971; am § 47 ch 71 SLA 1972; am E.O. No. 51, § 41 (1981); am § 98 ch 59 SLA 1982; am § 7 ch 138 SLA 1982; am E.O. No. 55, §§ 39, 40 (1984); am § 16 ch 111 SLA 1994; am § 27 ch 107 SLA 1996; am § 85 ch 58 SLA 1999; am § 3 ch 87 SLA 2000; am E.O. No. 108, § 4 (2003); am §§ 11, 25 ch 59 SLA 2004; am § 2 ch 86 SLA 2014; am § 10 ch 73 SLA 2018)

Revisor’s notes. —

In 2004, the paragraphs in (a) of this section were renumbered to reflect the repeal of former paragraph (a)(14).

In 2014, the paragraphs in this section were renumbered to reflect the repeal of former paragraph (a)(16).

Cross references. —

For legislative findings and purpose in connection with the enactment of former AS 44.21.035 , on which this section is based, see § 1, ch. 98, SLA 1992 in the Temporary and Special Acts.

Administrative Code. —

For purpose, applicability, and administrative provisions, see 7 AAC 10, art. 1.

For environmental health and safety, see 7 AAC 10, art. 4.

For inspections and investigations, see 7 AAC 10, art. 6.

For physical examination of school children, see 7 AAC 27, art. 5.

For licensing process, see 7 AAC 50, art. 1.

For administration, see 7 AAC 50, art. 2.

For personnel, see 7 AAC 50, art. 3.

For admission and discharge, see 7 AAC 50, art. 4.

For care and services, see 7 AAC 50, art. 5.

For environment, see 7 AAC 50, art. 6.

For specializations, see 7 AAC 50, art. 7.

For maternity homes, see 7 AAC 50, art. 8.

For residential psychiatric treatment centers, see 7 AAC 50, art. 9.

For child foster care payments, see 7 AAC 53, art. 1.

For licensing process, see 7 AAC 56, art. 1.

For administration, see 7 AAC 56, art. 2.

For personnel, see 7 AAC 56, art. 3.

For services related to the decision to place a child, see 7 AAC 56, art. 4.

For services related to placement and supervision of a placement, see 7 AAC 56, art. 5.

For foster and residential care placement and foster home evaluation, see 7 AAC 56, art. 6.

For adoptive and guardianship placement and home study, see 7 AAC 56, art. 7.

For licensing process, see 7 AAC 57, art. 1.

For administration, see 7 AAC 57, art. 2.

For personnel, see 7 AAC 57, art. 3.

For admission, see 7 AAC 57, art. 4.

For care and services, see 7 AAC 57, art. 5.

For environment, see 7 AAC 57, art. 6.

For specializations, see 7 AAC 57, art. 7.

For grant programs, see 7 AAC 78.

For public health services, see 7 AAC 80, art. 1.

For family and youth services, see 7 AAC 80, art. 2.

For alcohol safety action program services, see 7 AAC 80, art. 3.

For grant services for individuals, see 7 AAC 81.

Effect of amendments. —

The 2014 amendment, effective October 14, 2014, added (c).

The 2018 amendment, effective October 28, 2018, added (a)(17), and made related and stylistic changes.

Sec. 44.29.022. Fees for department services.

The commissioner of health and social services may establish by regulation a schedule of reasonable fees for services provided by the Department of Health and Social Services under AS 44.29.020(a)(1) — (8) and (14), AS 47.10, AS 47.12, AS 47.14, AS 47.30.655 — 47.30.910 , and AS 47.80.100 — 47.80.170 and for the administration of public health programs under AS 18. The fee established for a service may not exceed the actual cost of providing the service. The commissioner may define or establish the “actual cost of providing a service” by regulation. The Department of Health and Social Services shall charge and collect the fees established under this subsection. The department may waive collection of a fee upon a finding that collection is not economically feasible or in the public interest.
The commissioner of health and social services may establish by regulation and the department may charge reasonable fees for department publications and research data to cover the cost of reproduction, printing, mailing, and distribution.
[Repealed, § 28 ch 90 SLA 1991.]
A regulation that establishes a fee for services under AS 44.29.020(a)(7) that are part of the integrated comprehensive mental health program under AS 47.30 may be adopted under this section after consultation with the Alaska Mental Health Trust Authority.
The commissioner of health and social services shall consult with stakeholders regarding the reasonableness of fees when developing a schedule of reasonable fees under (a) of this section for services under AS 44.29.020(a)(14) or programs under AS 18 for which there is no regulation in effect establishing a schedule of reasonable fees. The consultation must include at least one public meeting and must occur before the commissioner provides notice of proposed action under AS 44.62.190 . The commissioner shall provide notice of the public meeting at least 30 days before the meeting in the same manner as required under AS 44.62.190(a) for a notice of proposed action.

History. (§ 69 ch 138 SLA 1986; am § 16 ch 66 SLA 1991; am § 28 ch 90 SLA 1991; am § 11 ch 59 SLA 1996; am §§ 2, 3 ch 68 SLA 2018)

Administrative Code. —

For fees for department services, see 7 AAC 80.

For public health services, see 7 AAC 80, art. 1.

For family and youth services, see 7 AAC 80, art. 2.

For alcohol safety action program services, see 7 AAC 80, art. 3.

The 2018 amendment, effective October 22, 2019, in (a), substituted “AS 44.29.020(a)(1) – (8) and (14)” for “AS 44.29.020(a)(1) – (8)” following “Social Services under”, and added “and for the administration of public health programs under AS 18” at the end of the first sentence; added (e).

Sec. 44.29.024. Fees for services of contractors or grantees.

The commissioner of health and social services may establish by regulation a schedule of reasonable fees for services provided by a contractor or grantee of the Department of Health and Social Services under AS 18 or AS 47. The fee established for a service may not exceed the actual cost of providing the service. The commissioner may define or establish the “actual cost of providing a service” by regulation.
The Department of Health and Social Services may require the recipient of a grant or a contractor under a grant to charge the fees established under (a) of this section for services provided by the recipient or contractor and to use the fees collected for the program providing the services.
A regulation that establishes a schedule of reasonable fees for services provided by a contractor or grantee that are part of the integrated comprehensive mental health program established under AS 47.30 may be adopted under this section after consultation with the Alaska Mental Health Trust Authority.

History. (§ 69 ch 138 SLA 1986; am § 17 ch 66 SLA 1991)

Administrative Code. —

For public health services, see 7 AAC 80, art. 1.

For family and youth services, see 7 AAC 80, art. 2.

For alcohol safety action program services, see 7 AAC 80, art. 3.

Sec. 44.29.027. Dental radiological equipment.

This chapter does not authorize the department to register, inspect, test, or otherwise regulate dental radiological equipment or records relating to dental radiological equipment regulated by the Board of Dental Examiners under AS 08.36.075 .

History. (§ 4 ch 79 SLA 1998)

Secs. 44.29.030 — 44.29.090. Advisory Board on Alcoholism. [Repealed, § 2 ch 207 SLA 1972.]

Article 2. Citations Concerning Tobacco Products.

Sec. 44.29.092. Citation for certain offenses concerning tobacco, products containing nicotine, or electronic smoking products.

A peace officer or an agent or employee of the Department of Health and Social Services who is authorized by the commissioner of health and social services to enforce this section may issue a citation for a violation of AS 11.76.100 , 11.76.106 , 11.76.107 , or 11.76.109 if there is probable cause to believe a person has violated AS 11.76.100 , 11.76.106 , 11.76.107 , or 11.76.109 .

History. (§ 10 ch 88 SLA 2001; am § 26 ch 57 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, twice inserted “, or 11.76.109”, and made related changes.

Sec. 44.29.094. Procedure and form of citation.

History. (§ 10 ch 88 SLA 2001; am § 7 ch 61 SLA 2007; am §§ 46 — 48 ch 29 SLA 2010)

Revisor’s notes. —

Subsection (g) was enacted as (h) and relettered in 2007, at which time former subsection (g) was relettered as (h).

Effect of amendments. —

The 2010 amendment, effective July 1, 2010, in (a), substituted “comply with the standards adopted under AS 12.25.175 and 12.25.200 ” for “be in writing”; in (b), substituted “five working days” for “five days, not including weekends and holidays” and deleted “, unless the person cited requests an earlier appearance in court” at the end of the subsection; rewrote (f).

Editor’s notes. —

Under § 61, ch. 29, SLA 2010, the 2010 amendments to (a), (b), and (f) of this section apply “to all citations issued . . . for violations occurring on or after July 1, 2010.”

Article 3. Advisory Board on Alcoholism and Drug Abuse.

Sec. 44.29.100. Advisory board on alcoholism and drug abuse.

There is established in the Department of Health and Social Services an advisory board on alcoholism and drug abuse.

History. (§ 1 ch 198 SLA 1972; am E.O. No. 71, § 2 (1988); am § 18 ch 66 SLA 1991; am § 19 ch 6 SLA 1993)

Sec. 44.29.110. Composition.

The board consists of 15 members, 14 of whom are public members appointed by the governor, and the 15th who is the commissioner of health and social services ex officio.

History. (§ 1 ch 198 SLA 1972; am E.O. No. 71, § 3 (1988); am § 19 ch 66 SLA 1991; am E.O. No. 108, § 5 (2003))

Sec. 44.29.115. Qualifications of board members.

The governor shall appoint the 14 public members so that the board consists of the following public members:

one member who is licensed to practice medicine in the state;
one member who is admitted to practice law in the state;
four members who are chronic alcoholics with psychoses who are recovering;
three members who are substance abuse treatment professionals who represent public and private providers of substance abuse prevention and treatment services; and
five members who have shown an interest in the problems of alcoholism or drug abuse and who have knowledge of the social problems associated with alcoholism or drug abuse.

History. (E.O. No. 71, § 4 (1988); § 20 ch 66 SLA 1991)

Sec. 44.29.120. Term of office.

The governor shall appoint the public members of the board for staggered terms of four years.
The governor shall fill a vacancy of a public member on the board by appointment for the unexpired part of the vacated term.
Public members of the board serve at the pleasure of the governor. The governor shall replace a public member who by poor attendance or lack of contribution to the board’s work demonstrates ineffectiveness as a board member. In this subsection, “poor attendance” means the failure to attend three or more consecutive meetings.

History. (§ 1 ch 198 SLA 1972; am E.O. No. 71, § 5 (1988); § 21 ch 66 SLA 1991)

Sec. 44.29.130. Compensation, per diem, and expenses.

The public members of the board are not entitled to a salary, but are entitled to per diem, reimbursement for travel, and other expenses authorized by law for other boards.

History. (§ 1 ch 198 SLA 1972; am E.O. No. 71, § 6 (1988); am § 22 ch 66 SLA 1991)

Sec. 44.29.135. Officers and staff.

The board, by a majority of its membership, shall annually elect a presiding officer and other officers it considers necessary from among its membership.
The board shall have a paid staff provided by the department, including an executive director who shall be selected by the board. The executive director is in the partially exempt service and may hire additional employees in the classified service of the state. The department shall provide for the assignment of personnel to the board to ensure the board has the capacity to fulfill its responsibilities. The executive director of the board shall be directly responsible to the board in the performance of the director’s duty.

History. (§ 23 ch 66 SLA 1991)

Sec. 44.29.140. Duties.

The board shall
1. act in an advisory capacity to the legislature, the governor, and state agencies in the following matters:
  1. special problems affecting mental health that alcoholism or drug abuse may present;
  2. educational research and public informational activities in respect to the problems presented by alcoholism or drug abuse;
  3. social problems that affect rehabilitation of alcoholics and drug abusers;
  4. legal processes that affect the treatment and rehabilitation of alcoholics and drug abusers;
  5. development of programs of prevention, treatment, and rehabilitation for alcoholics and drug abusers; and
  6. evaluation of effectiveness of alcoholism and drug abuse programs in the state;
2. provide to the Alaska Mental Health Trust Authority for its review and consideration recommendations concerning the integrated comprehensive mental health program for the people who are described in AS 47.30.056(b)(3) , and concerning the use of money in the mental health trust settlement income account in a manner consistent with regulations adopted under AS 47.30.031 .
The board is the planning and coordinating body for purposes of federal and state laws relating to alcohol, drug, and other substance abuse prevention and treatment services.
The board shall prepare and maintain a comprehensive plan of services
1. for the prevention and treatment of alcohol, drug, and other substance abuse; and
2. for persons described in AS 47.30.056(b)(3) .

History. (§ 1 ch 198 SLA 1972; am E.O. No. 71, § 7 (1988); am §§ 24, 25 ch 66 SLA 1991; am § 21 ch 5 FSSLA 1994)

Revisor’s notes. —

In 1996, in paragraph (a)(2) of this section, “mental health trust settlement income account” was substituted for “mental health trust income account” pursuant to sec. 17, ch. 1, SSSLA 1994.

Sec. 44.29.150. Drug abuse program coordinator. [Repealed, E.O. No. 71, § 23 (1988).]

Sec. 44.29.200. Definition.

In AS 44.29.100 — 44.29.200 , “board” means the Advisory Board on Alcoholism and Drug Abuse.

History. (E.O. No. 71, § 8 (1988))

Article 4. Alcoholism and Drug Abuse Revolving Loan Fund.

Sec. 44.29.210. Creation of an alcoholism and drug abuse revolving loan fund.

There is created in the department an alcoholism and drug abuse revolving loan fund as required under 42 U.S.C. 300x-25 to qualify the state to receive block grant money from the United States Department of Health and Human Services under 42 U.S.C. 300x-21.
The fund consists of money appropriated to it, payments of principal on loans made from it, and money chargeable to principal that is collected through liquidation by foreclosure or other process on loans made from it.
Money in the fund may be used as required under 42 U.S.C. 300x-25 to make loans to private nonprofit organizations for the cost of establishing programs to help pay the living expenses of individuals recovering from alcohol or drug abuse who may reside in groups.

History. (§ 1 ch 80 SLA 1990; am §§ 54, 55 ch 56 SLA 2005)

Sec. 44.29.215. Special account established.

There is established as a special account within the alcoholism and drug abuse revolving loan fund the foreclosure expense account. This account is established as a reserve from fund equity.
The department may expend money credited to the foreclosure expense account when necessary to protect the department’s security interest in collateral on loans made under AS 44.29.210 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.

History. (§ 1 ch 80 SLA 1990)

Sec. 44.29.220. Administration of loan program.

The department may
1. adopt regulations necessary to carry out its functions under AS 44.29.210 — 44.29.230 and to administer the program required under 42 U.S.C. 300x — 4a, including regulations to establish reasonable fees for services provided, procedures for foreclosure proceedings, and procedures for collecting delinquent accounts;
2. establish amortization plans for the repayment of loans;
3. charge and collect the fees established under this subsection; and
4. contract for the servicing of loans made under AS 44.29.210 .
[Repealed, § 28 ch 90 SLA 1991.]

History. (§ 1 ch 80 SLA 1990; am § 28 ch 90 SLA 1991)

Sec. 44.29.225. Disposal of property acquired by default or foreclosure.

The department shall dispose of property acquired through default or foreclosure on a loan made under AS 44.29.210 . Disposal shall be made in a manner that serves the best interests of the state and may include the amortization of payments over a period of years.

History. (§ 1 ch 80 SLA 1990)

Sec. 44.29.230. Definition.

In AS 44.29.210 — 44.29.230 , “department” means the Department of Health and Social Services.

History. (§ 1 ch 80 SLA 1990)

Article 5. Statewide Suicide Prevention Council.

Sec. 44.29.300. Council established.

There is established in the Department of Health and Social Services the Statewide Suicide Prevention Council, consisting of 17 members, as follows:
1. two members of the senate, appointed by the president of the senate, one of whom shall be a member of the majority and one of whom shall be a member of the minority;
2. two members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the majority and one of whom shall be a member of the minority;
3. 13 members appointed by the governor, as follows:
  1. two persons who are employed in the executive branch of state government, one of whom shall represent the Department of Health and Social Services and one of whom shall represent the Department of Education and Early Development;
  2. one member of the Advisory Board on Alcoholism and Drug Abuse;
  3. one member of the Alaska Mental Health Board;
  4. one person recommended by the Alaska Federation of Natives, Inc.;
  5. one person who is an employee of a secondary school;
  6. one person who is active in a youth organization;
  7. one person who has experienced the death by suicide of a member of the person’s family;
  8. one person who resides in a rural community in the state that is not connected by road or the Alaska marine highway to the main road system of the state;
  9. one person who is a member of the clergy;
  10. one person who, when appointed, is at least 16 years of age but not more than 24 years of age;
  11. one person who is discharged from, retired from, or engaged in active duty military service in the armed forces of the United States, including the United States Coast Guard, the Army National Guard, the Air National Guard, or a reserve unit of the armed forces of the United States, or who is a mental health provider, social worker, or other person actively providing a health care service to discharged, retired, or active military personnel; and
  12. one public member.
Members of the council appointed under (a)(1) and (2) of this section are nonvoting members.

History. (§ 2 ch 84 SLA 2001; am §§ 1, 2 ch 43 SLA 2009; am § 1 ch 33 SLA 2012)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in the introductory language of (a), substituted “16 members” for “15 members”; in (a)(3), in the introductory language, substituted “12 members” for “11 members”; in (a)(3)(A), added “, one of whom shall represent the Department of Health and Social Services and one of whom shall represent the Department of Education and Early Development”; in (a)(3)(E), substituted “an employee of” for “a counselor in”; in (a)(3)(F), substituted “person” for “adult” and deleted “statewide” preceding “youth organization”; in (a)(3)(J), added “enrolled in grade nine, 10, 11, or 12 of a secondary school in the state; and” following “one person who”, and deleted “under the age of 18”; added (a)(3)(K), and made a related stylistic change; added (b).

The 2012 amendment, effective August 21, 2012, in the lead-in language in (a) substituted “consisting of 17 members” for “consisting of 16 members”, in (a)(3) substituted “13 members appointed” for “12 members appointed”, in (a)(3)(J) substituted “when appointed, is at least 16 years of age but not more than 24 years of age;” for “is enrolled in grade nine, 10, 11, or 12 of a secondary school in the state; and”, added (a)(3)(K), and redesignated former (a)(3)(K) as (a)(3)(L).

Sec. 44.29.310. Term of office.

The governor shall appoint the members of the council under AS 44.29.300(a)(3)(D) — (L) for staggered terms of four years.
The governor shall fill a vacancy of a member on the council appointed under AS 44.29.300(a)(3)(D) — (L) by appointment for the unexpired part of the vacated term.
Members of the council serve at the pleasure of the governor. The governor shall replace a member who, by poor attendance or lack of contribution to the council’s work, demonstrates ineffectiveness as a member. In this subsection, “poor attendance” means the failure to attend three or more consecutive meetings.

History. (§ 2 ch 84 SLA 2001; am §§ 2, 3 ch 33 SLA 2012)

Revisor’s notes. —

In 2009, in each of subsections (a) and (b), “AS 44.29.300(a)(3)(D) — (J)” was substituted for “AS 44.29.300 (3)(D) — (J)” to reflect the addition of AS 44.29.300(b) .

Effect of amendments. —

The 2012 amendment, effective August 21, 2012, in (a) and (b), substituted “AS 44.29.300(a)(3)(D) — (L)” for “AS 44.29.300(a)(3)(D) — (J)”.

Sec. 44.29.320. Compensation, per diem, and expenses.

The members of the council who are not state employees are not entitled to compensation for service on the council, but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 .

History. (§ 2 ch 84 SLA 2001)

Sec. 44.29.330. Officers and staff.

The council, by a majority of its voting membership, shall annually elect a presiding officer and other officers it considers necessary from among its membership.
The council may employ a coordinator to assist the council. The coordinator is in the partially exempt service. The coordinator shall be directly responsible to the council in the performance of the coordinator’s duties. The council shall annually review the performance of the coordinator.
The council may appoint an advisory panel to provide further advice on suicide prevention. The advisory panel serves at the pleasure of the council. Members of the advisory panel are not entitled to compensation, per diem, or reimbursement of travel expenses.

History. (§ 2 ch 84 SLA 2001; am § 3 ch 43 SLA 2009)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in (a), added “voting” following “by a majority of its”.

Sec. 44.29.340. Meetings; quorum.

The council may meet and vote, by teleconference or otherwise, as often as considered necessary by the presiding officer of the council.
Seven voting members of the council participating in a meeting in person or by teleconference constitute a quorum for the transaction of business and the exercise of the powers and duties of the council.

History. (§ 2 ch 84 SLA 2001; am § 4 ch 43 SLA 2009; am § 1 ch 5 SLA 2010)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, added (b).

The 2010 amendment, effective July 13, 2010, in (a), added “and vote” following “The council may meet”; in (b), added “participating in a meeting in person or by teleconference” following “Seven voting members of the council”.

Sec. 44.29.350. Duties.

The council shall serve in an advisory capacity to the legislature and the governor with respect to what actions can and should be taken to

improve health and wellness throughout the state by reducing suicide and its effect on individuals, families, and communities;
broaden the public’s awareness of suicide and the risk factors related to suicide;
enhance suicide prevention services and programs throughout the state;
develop healthy communities through comprehensive, collaborative, community-based, and faith-based approaches;
develop and implement a statewide suicide prevention plan;
strengthen existing and build new partnerships between public and private entities that will advance suicide prevention efforts in the state.

History. (§ 2 ch 84 SLA 2001)

Sec. 44.29.360. Annual report.

The council shall annually report its findings and recommendations in a report to the governor, the president of the senate, and the speaker of the house of representatives by March 1 of each year.

History. (§ 2 ch 84 SLA 2001)

Sec. 44.29.390. Definition.

In AS 44.29.300 — 44.29.390 , “council” means the Statewide Suicide Prevention Council established under AS 44.29.300 .

History. (§ 2 ch 84 SLA 2001)

Article 6. State Veterans’ Home Facilities.

Sec. 44.29.400. State veterans’ home facilities. [Repealed, § 25(a) ch 59 SLA 2004.]

Article 7. Pioneers’ Homes Advisory Board.

Sec. 44.29.500. Alaska Pioneers’ Homes Advisory Board.

There is created the Alaska Pioneers’ Homes Advisory Board in the Department of Health and Social Services.

History. (E.O. No. 108, § 6 (2003))

Sec. 44.29.510. Purpose of the board.

The board shall conduct annual inspections of the property and procedures of the Alaska Pioneers’ Homes and recommend to the governor changes and improvements. The board shall meet on an annual basis to review admissions procedures and to consider complaints.

History. (E.O. No. 108, § 6 (2003))

Sec. 44.29.520. Composition of the board.

The Alaska Pioneers’ Homes Advisory Board consists of
1. five members appointed by the governor from among citizens of the state;
2. one member appointed by the governor who is a veteran of active service in the armed forces of the United States, including the Alaska National Guard or the Alaska Territorial Guard;
3. one member who is the chair of the Alaska Commission on Aging established in AS 47.44.200; and
4. one member who is chair of the Alaska Veterans Advisory Council established in AS 44.35.
The term of office of a member of the board appointed under (a)(1) of this section is four years. A member of the board may not serve more than eight consecutive years. A chair shall be elected by the voting members of the board. The members of the board appointed under (a)(1) and (2) of this section serve at the pleasure of the governor.

History. (E.O. No. 108, § 6 (2003); am § 26 ch 99 SLA 2004)

Revisor’s notes. —

In 2003, in (a)(1) of this section, “AS 47.45.200 ” was substituted for “AS 47.44.200” to reflect the 2003 renumbering of AS 47.44.200.

Sec. 44.29.530. Compensation, per diem, or expenses.

Members of the advisory board receive no salary, but are entitled to per diem and travel expenses authorized by law for other boards.

History. (E.O. No. 108, § 6 (2003))

Cross references. —

For per diem and travel expenses, see AS 39.20.180 .

Chapter 31. Department of Labor and Workforce Development.

Administrative Code. —

For state training and employment program, see 8 AAC 87.

Sec. 44.31.010. Commissioner of labor and workforce development.

The principal executive officer of the Department of Labor and Workforce Development is the commissioner of labor and workforce development.

History. (§ 13 ch 64 SLA 1959; am § 1 ch 93 SLA 1960)

Revisor’s notes. —

In 1999, in this section, “commissioner of labor” was changed to “commissioner of labor and workforce development” and “Department of Labor” was changed to “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

Notes to Decisions

Stated in

Lebert v. Hammond, 661 P.2d 635 (Alaska 1983).

Collateral references. —

48 Am. Jur. 2d, Labor and Labor Relations, § 1 et seq.

27 Am. Jur. 2d, Employment Relationship, § 193 et seq.

2 Am. Jur. 2d, Administrative Law, § 1 et seq.

63C Am. Jur. 2d, Public Officers and Employees, § 8

72 Am. Jur. 2d, States, Territories and Dependencies, § 64.

51 C.J.S., Labor Relations, § 1 et seq., 44, 138.

Sec. 44.31.020. Duties of department.

The Department of Labor and Workforce Development shall

enforce the laws and adopt regulations under them concerning employer-employee relationships, including the safety, hours of work, wages, and conditions of workers, including children;
accumulate, analyze, and report labor statistics;
operate systems of workers’ compensation and unemployment insurance;
gather data reflecting the cost of living in various locations of the state upon request of the director of personnel under AS 39.27.030 ;
operate the federally funded employment and training programs under 29 U.S.C. 2801 — 2945 (Workforce Investment Act of 1998);
administer the state’s program of adult basic education and adopt regulations to administer the program; and
administer the programs of the Alaska Vocational Technical Center and adopt regulations to administer the programs, including regulations that set rates for student tuition and room and board and fees for the programs and services provided by the department regarding the Alaska Vocational Technical Center.

History. (§ 13 ch 64 SLA 1959; am § 1 ch 93 SLA 1960; am § 2 ch 226 SLA 1970; am § 112 ch 127 SLA 1974; am § 19 ch 4 FSSLA 1996; am § 54 ch 58 SLA 1999; am § 94 ch 21 SLA 2000; am § 45 ch 86 SLA 2002; am § 61 ch 35 SLA 2003; am § 1 ch 85 SLA 2004; am § 18 ch 47 SLA 2013)

Revisor’s notes. —

In 1980 “workers’ ” was substituted for “workmen’s” in (3) of this section under § 60, ch. 94, SLA 1980.

Administrative Code. —

For tuition rates and fees for programs and courses at Alaska Vocational Technical Center, see 8 AAC 82, art. 1.

For employment security, see 8 AAC 85.

For adult education diplomas, see 8 AAC 99, art. 1.

For high school equivalency test, see 8 AAC 99, art. 2.

For adult basic education grants, see 8 AAC 99, art. 3.

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, rewrote (4), which read “gather data reflecting the cost of living in the various election districts of the state upon request of the director of personnel under AS 39.27.030 ; in this paragraph, ‘election district’ has the meaning given in AS 39.27.020(b) ”.

Legislative history reports. —

For governor’s transmittal letter for ch. 85, SLA 2004 (HB 489), adding paragraph (7) to this section, see 2004 House Journal 2612.

Sec. 44.31.025. Building safety account.

The building safety account is created in the state treasury. The legislature may appropriate money from the account for necessary costs incurred by the Department of Labor and Workforce Development in the administration of AS 05.20, AS 18.60.180 — 18.60.395 , 18.60.800 — 18.60.820 , and AS 18.62. Nothing in this section creates a dedicated fund or dedicates the money in the account for a specific purpose.

History. (§ 6 ch 96 SLA 2002; am § 5 ch 87 SLA 2004)

Secs. 44.31.100 — 44.31.200. Employment Advisory Commission. [Repealed, § 4 ch 74 SLA 1969.]

Chapter 33. Department of Commerce, Community, and Economic Development.

Administrative Code. —

For community planning, see 3 AAC, part 17.

Article 1. Organization.

Sec. 44.33.010. Commissioner of commerce, community, and economic development.

The principal executive officer of the Department of Commerce, Community, and Economic Development is the commissioner of commerce, community, and economic development. Except with respect to the commissioner’s membership on the board of directors of the Alaska Railroad Corporation, whenever a statute provides that the commissioner is a member of a board, council, or other similar entity, the commissioner may designate an employee of the department to act in the commissioner’s place.

History. (§ 14 ch 64 SLA 1959; am § 6 ch 186 SLA 1960; am § 95 ch 218 SLA 1976; am § 55 ch 58 SLA 1999)

Revisor’s notes. —

In 2004, in this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” and “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For errors in municipal assessment, valuation, or taxation records, see 3 AAC 139.

Collateral references. —

15A Am. Jur. 2d, Commerce, §§ 27-41

2 Am. Jur. 2d, Administrative Law, § 1 et seq.

63C Am. Jur. 2d, Public Funds, § 1 et seq.

63C Am. Jur. 2d, Public Officers and Employees, § 8.

15 C.J.S., Commerce, § 1 et seq.

73 C.J.S. Public Administrative Law and Procedure, §§ 10-29.

Sec. 44.33.020. Duties of department; regulations.

The Department of Commerce, Community, and Economic Development shall
1. advise and assist local governments;
2. advise the governor and other commissioners on the delivery of government services to rural areas, including services relating to public safety, justice, economic development, natural resource management, education, and public health;
3. make recommendations to the governor and other commissioners about policy changes that would affect rural governments and rural affairs;
4. serve as staff for the Local Boundary Commission;
5. conduct studies and carry out experimental and pilot projects for the purpose of developing solutions to community and regional problems;
6. promote cooperative solutions to problems affecting more than one community or region, including joint service agreements, regional compacts, and other forms of cooperation;
7. serve as a clearinghouse for information useful in solution of community and regional problems, and channel to the appropriate authority requests for information and services;
8. advise and assist community and regional governments on matters of finance, including but not limited to bond marketing and procurement of federal funds;
9. prepare suggested guidelines relating to the content of notice of bond sale advertisements, prospectuses, and other bonding matters issued by local governments;
10. administer state funds appropriated for the benefit of unorganized regions within the state, allowing for maximum participation by local advisory councils and similar bodies;
11. as assigned through a delegation by the governor, administer and implement the state’s role in the federal community development quota program established under 16 U.S.C. 1855(i) or a successor federal program; the department may adopt regulations under a delegation from the governor to implement duties under this paragraph;
12. carry out those administrative functions in the unorganized borough that the legislature may prescribe;
13. study existing and proposed laws and state activities that affect community and regional affairs and submit to the governor recommended changes in those laws and activities;
14. coordinate activities of the state that affect community and regional affairs;
15. assist in the development of new communities and serve as the agent of the state for purposes of participation in federal programs relating to new communities;
16. supervise planning, management, and other activities required for local eligibility for financial aid under those federal and state programs that provide assistance to community and regional governments;
17. advise and assist municipalities on procedures of assessment, valuation, and taxation, and notify municipalities of major errors in those procedures;
18. apply for, receive, and use funds from federal and other sources, public or private, for use in carrying out the powers and duties of the department;
19. request and utilize the resources of other agencies of state government in carrying out the purposes of this chapter to the extent the utilization is more efficient than maintaining departmental staff, reimbursing the other agencies when appropriate;
20. administer state and, as appropriate, federal programs for revenue sharing, community assistance, grants, and other forms of financial assistance to community and regional governments;
21. administer the state programs relating to commerce or community development, enforce the laws relating to these programs, and adopt regulations under these laws;
22. register corporations;
23. collect corporation franchise taxes;
24. enforce state laws regulating public utilities and other public service enterprises, banking and securities, insurance, and other businesses and enterprises touched with a public interest;
25. make veterans’ loans;
26. furnish the budgeting, clerical, and administrative services for regulatory agencies and professional and occupational licensing boards not otherwise provided for;
27. conduct studies, enter into contracts and agreements, and make surveys relating to the economic development of the state and, when appropriate, assemble, analyze, and disseminate the findings obtained;
28. provide factual information and technical assistance for potential industrial and commercial investors;
29. receive gifts, grants, and other aid that facilitate the powers and duties of the department from agencies and instrumentalities of the United States or other public or private sources;
30. establish and activate programs to achieve balanced economic development in the state and advise the governor on economic development policy matters;
31. formulate a continuing program for basic economic development and for the necessary promotion, planning, and research that will advance the economic development of the state;
32. cooperate with private, governmental, and other public institutions and agencies in the execution of economic development programs;
33. review the programs and annual reports of other departments and agencies as they are related to economic development and prepare an annual report on the economic growth of the state;
34. administer the economic development programs of the state;
35. perform all other duties and powers necessary or proper in relation to economic development and planning for the state;
36. request tourism-related businesses in the state to provide data regarding occupancy levels, traffic flow and gross receipts and to participate in visitor surveys conducted by the department; data collected under this paragraph that discloses the particulars of an individual business is not a matter of public record and shall be kept confidential; however, this restriction does not prevent the department from using the data to formulate tourism economic impact information including expenditure patterns, tax receipts and fees, employment and income attributable to tourism, and other information considered relevant to the planning, evaluation, and policy direction of tourism in the state;
37. provide administrative and budgetary services to the Real Estate Commission under AS 08.88 as requested by the commission;
38. sell at cost, to the extent possible, publications and promotional materials developed by the department;
39. as delegated by the governor, administer under 16 U.S.C. 1856 the internal waters foreign processing permit procedures and collect related fees;
40. administer state laws relating to the issuance of business licenses;
41. comply with AS 15.07.055 to serve as a voter registration agency to the extent required by state and federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993);
42. carry out other functions and duties, consistent with law, necessary or appropriate to accomplish the purpose of this chapter;
43. oversee the administration of outstanding loans and financial assistance under the Alaska BIDCO assistance program under former AS 37.17.500 — 37.17.690 ;
44. supply necessary clerical and administrative services for the Alcoholic Beverage Control Board and the Marijuana Control Board.
The department may adopt regulations necessary to carry out its statutory functions.

History. (§ 14 ch 64 SLA 1959; am § 6 ch 186 SLA 1960; am § 2 ch 1 SLA 1961; am § 2 ch 55 SLA 1963; am § 2 ch 70 SLA 1965; am E.O. No. 33 (1968); am § 4 ch 94 SLA 1969; am § 6 ch 207 SLA 1975; am § 1 ch 116 SLA 1976; am § 96 ch 218 SLA 1976; am E.O. No. 39 § 13 (1977); am E.O. No. 40 § 2 (1979); am § 4 ch 62 SLA 1979; am E.O. No. 47 § 6 (1980); am § 33 ch 167 SLA 1980; am § 1 ch 77 SLA 1982; am E.O. No. 57 § 2 (1984); am § 1 ch 120 SLA 1984; am § 8 ch 104 SLA 1985; am § 2 ch 97 SLA 1986; am § 70 ch 138 SLA 1986; am E.O. No. 65 § 3 (1987); am § 43 ch 85 SLA 1988; am E.O. No. 68 § 7 (1988); am § 3 ch 36 SLA 1989; am E.O. No. 74 § 7 (1989); am E.O. No. 79 § 3 (1991); am E.O. No. 82 § 16 (1993); am § 12 ch 42 SLA 1997; am E.O. No. 98 § 16 (1997); am § 56 ch 58 SLA 1999; am § 95 ch 21 SLA 2000; am § 6 ch 2 SLA 2004; am E.O. No. 112 § 3 (2004); am § 2 ch 150 SLA 2004; am § 7 ch 55 SLA 2012; am § 7 ch 4 SLA 2015; am § 16 ch 44 SLA 2016; am § 3 ch 26 SLA 2018)

Revisor’s notes. —

In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For licensing, see 3 AAC 13, art. 1.

For business duties and restrictions, see 3 AAC 13, art. 2.

For examinations, reports, and records, see 3 AAC 13, art. 3.

For Alaska regional economic assistance program, see 3 AAC 57.

For silver hand and “made in Alaska” programs, see 3 AAC 58.

For repossessed property, see 3 AAC 77.

For standards for dissolution of cities, see 3 AAC 110, art. 9.

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

For state aid to municipalities and other recipients, see 3 AAC 130.

For population determination for municipal oil and gas production property, see 3 AAC 131.

For program eligibility, see 3 AAC 132, art. 2.

For procedures, see 3 AAC 132, art. 3.

For definitions, see 3 AAC 132, art. 4.

For program eligibility, see 3 AAC 134, art. 2.

For procedures, see 3 AAC 134, art. 3.

For definitions, see 3 AAC 134, art. 4.

For farm and agricultural land, see 3 AAC 138.

For fisheries revitalization: southeast Alaska salmon marketing matching grants, see 3 AAC 141, art. 1.

For fisheries revitalization: southeast Alaska targeted fisheries assistance matching grants, see 3 AAC 142, art. 1.

For eligibility for oil spill community assistance grant program, see 3 AAC 143, art. 1.

For application procedure, see 3 AAC 143, art. 2.

For fisheries revitalization: southeast Alaska sustainable salmon fisheries, see 3 AAC 144, art. 1.

For fisheries revitalization: economic development matching grants, see 3 AAC 145.

For fisheries revitalization: Alaska salmon marketing grants, see 3 AAC 147.

For fisheries revitalization: targeted fisheries assistance, see 3 AAC 148, art. 1.

For introductory provisions, see 3 AAC 150, art. 1.

For eligibility for NPR-A impact assistance, see 3 AAC 150, art. 2.

For procedures for allocation of NPR-A impact assistance, see 3 AAC 150, art. 3.

For appeal procedures, see 3 AAC 150, art. 4.

For safe communities program, see 3 AAC 151.

For program eligibility, see 3 AAC 152, art. 2.

For program procedures, see 3 AAC 152, art. 3.

For definitions, see 3 AAC 152, art. 4.

For community development block grant program, see 3 AAC 168.

For temporary fiscal relief for municipalities, unincorporated communities, see 3 AAC 175.

For small municipal energy assistance, see 3 AAC 176, art. 1.

For community energy assistance, see 3 AAC 176, art. 2.

For western Alaska community development quota program, see 6 AAC 93.

For registration, see 12 AAC 21, art. 1.

For specialty contractor trades, see 12 AAC 21, art. 2.

For mechanical contractor, see 12 AAC 21, art. 3.

For registration, see 12 AAC 22, art. 1.

For licensing, see 12 AAC 64, art. 2.

For place of business, see 12 AAC 64, art. 3.

For prohibited conduct, see 12 AAC 64, art. 4.

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, added (a)(45) [now (a)(44)].

The 2015 amendment, effective May 5, 2015, in (a)(45) [now (a)(44)], inserted “and the Marijuana Control Board” following “Alcoholic Beverage Control Board”.

The 2016 amendment, effective January 1, 2017, in (a)(20), inserted “community assistance” following “revenue sharing”; and made stylistic changes.

The 2018 amendment, effective September 13, 2018, in (a)(43), substituted “oversee the administration of outstanding loans and financial assistance under the Alaska BIDCO assistance program under former AS 37.17.500 – 37.17.690.” for “administer the Alaska BIDCO assistance program under AS 37.17.500 – 37.17.690 and adopt regulations to carry out the provisions of those statutes.”

Legislative history reports. —

For governor's transmittal letter for ch. 26, SLA 2018 (HB 340), which amended (a)(43) of this section, see 2018 House Journal 2378.

Sec. 44.33.022. Accounting and disposition of fees. [Repealed, § 28 ch 90 SLA 1991.]

Sec. 44.33.025. Recording. [Repealed, E.O. No. 47, § 6 (1980).]

Sec. 44.33.026. Alaska regional economic assistance program. [Repealed, § 3 ch 94 SLA 1988. For current provisions, see AS 44.33.896.]

Secs. 44.33.030 — 44.33.060. Power development. [Repealed, § 10 ch 79 SLA 1983.]

Sec. 44.33.065. Regional seafood development associations.

The Department of Commerce, Community, and Economic Development shall assist in and encourage the formation of a qualified regional seafood development association for each seafood development region identified in (b) of this section for the purpose of promoting and marketing Alaska seafood products harvested in the region. The commissioner shall designate the first organization to apply and qualify under this subsection for recognition as the qualified association for a region to be the qualified regional seafood development association for that seafood development region if the commissioner determines that the organization
1. is established for the following purposes:
  1. promotion of seafood and seafood by-products that are harvested in the region and processed for sale;
  2. promotion of improvements to the commercial fishing industry and infrastructure in the seafood development region;
  3. establishment of education, research, advertising, or sales promotion programs for seafood products harvested in the region;
  4. preparation of market research and product development plans for the promotion of seafood and their by-products that are harvested in the region and processed for sale;
  5. cooperation with the Alaska Seafood Marketing Institute and other public or private boards, organizations, or agencies engaged in work or activities similar to the work of the organization, including entering into contracts for joint programs of consumer education, sales promotion, quality control, advertising, and research in the production, processing, or distribution of seafood harvested in the region;
  6. cooperation with commercial fishermen, fishermen’s organizations, seafood processors, the Alaska Fisheries Development Foundation, the Fisheries Industrial Technology Center, state and federal agencies, and other relevant persons and entities to investigate market reception to new seafood product forms and to develop commodity standards and future markets for seafood products;
2. provides for representation of commercial fishing permit holders for each fishery in the region that is subject to a seafood development tax levied under AS 43.76.350 — 43.76.399 on the board of directors of the organization;
3. provides for membership in the organization by any commercial fisherman who holds a commercial fishing permit for a fishery that is conducted in the region and by other persons and groups in the region who wish to be members of the organization; and
4. is organized as a nonprofit corporation under the laws of the state for the purpose of marketing and promoting seafood products taken in the region and seafood products taken in fisheries subject to a seafood development tax levied under AS 43.76.350 — 43.76.399 .
Seafood development regions are established for each of the following regions of the state and are made up of the designated commercial fishing management areas established by the Board of Fisheries in accordance with the boundaries of those areas as adopted by the Board of Fisheries:
1. Southeast Alaska seafood development region — Southeastern Alaska area and Yakutat area;
2. Prince William Sound seafood development region — Prince William Sound area;
3. Cook Inlet seafood development region — Cook Inlet area;
4. Kodiak seafood development region — Kodiak area;
5. Alaska Peninsula seafood development region — Alaska Peninsula area;
6. Aleutian Islands seafood development region — Aleutian Islands area;
7. Chignik seafood development region — Chignik area;
8. Atka-Amlia Islands seafood development region — Atka-Amlia Islands area;
9. Bristol Bay seafood development region — Bristol Bay area;
10. Kuskokwim seafood development region — Kuskokwim area;
11. Yukon-Northern seafood development region — Yukon-Northern area and Kotzebue area;
12. Norton Sound-Port Clarence seafood development region — Norton Sound-Port Clarence area.
An organization may be designated as the qualified regional seafood development association for more than one seafood development region.
A qualified regional seafood development association for a fishery may request state financial assistance from the department to aid the seafood development programs of the association.
A qualified regional seafood development association requesting state financial assistance shall submit an annual financial report to the department on a form provided by the department. The department may require that a qualified regional seafood development association use a uniform system of accounting. A qualified regional seafood development association requesting state assistance shall submit an annual budget to the department on or before a date specified by the department.
The department may adopt regulations necessary to implement this section.
In this section, “fishery” has the meaning given in AS 16.43.990 .

History. (§ 4 ch 53 SLA 2004)

Revisor’s notes. —

In 2004, in (a) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For regional seafood development association, see 3 AAC 149, art. 1.

Sec. 44.33.110. Civil Air Patrol. [Repealed, E.O. No. 33 (1968). For current provisions, see AS 18.60.146.]

Sec. 44.33.112. Fees for publications, research data, and other services.

The commissioner may establish by regulation and the department may charge reasonable fees for department publications, research data, and other centralized administrative services to cover the cost of reproduction, printing, mailing, distribution, and other centralized administrative services.

History. (§ 57 ch 58 SLA 1999)

Sec. 44.33.113. Charges for community development quota program.

If the governor delegates duties as described in AS 44.33.020(a)(11) to the department, the department shall determine and assess an annual administrative cost charge for the administration of the state’s role in the federal community development quota program. The department shall by regulation establish the method for implementing the charge in accordance with the provisions of this section. The department shall assess the charges on community development quota groups with approved community development plans for the fiscal year for which the charge is applicable. The community development quota group shall pay the charge.
The administrative cost charge under this section for a CDQ group shall be determined by the department no later than the June 30 immediately preceding the start of the applicable fiscal year. The department shall promptly notify the CDQ group of the amount of the charge. The CDQ group shall pay the charge no later than 45 days after the department provides notice to the CDQ group of the amount of the charge.
The aggregate total of administrative cost charges to all CDQ groups for a fiscal year shall approximately equal, but may not exceed, the appropriations authorized for that fiscal year for the state’s role under AS 44.33.020(a)(11) , less
1. appropriations from sources of program receipts under AS 37.05.146(b) and (c) not collected under this section; and
2. any reappropriations of charges collected under this section.
Fifty percent of the aggregate total of administrative cost charges assessed on all CDQ groups for a fiscal year shall be recovered through the standard portion of the charges and 50 percent of the aggregate total shall be recovered through the variable portion of the charges. The administrative cost charge assessed on a CDQ group for a fiscal year shall consist of a standard portion and a variable portion. The CDQ group’s standard portion is calculated by dividing the aggregate total amount to be recovered through this portion by the number of CDQ groups to be assessed a charge. The CDQ group’s variable portion is calculated by multiplying the aggregate total amount to be recovered through this portion by a percentage that represents the ratio of the value of the CDQ group’s fisheries resource quota allocation to the total value of fisheries resources allocated under the CDQ program for the applicable year.
Notwithstanding any contrary provision of this section, the department may adjust the variable portion of the administrative cost charge for a fiscal year to one or more CDQ groups if the department finds that an inequitable result will occur absent the adjustment, but the aggregate total of the charges to be paid by all CDQ groups after the adjustment must equal the amount originally calculated for that fiscal year under (c) of this section.
The department may not assess or collect administrative charges under this section from new CDQ groups representing communities that are not eligible for the CDQ program on June 30, 2000, for a period of two years from the actual award of a fisheries quota to that newly formed CDQ group.
The department shall collect and enforce the administrative cost charge assessed under this section. The receipts from the charge assessed under this section shall be deposited in the community development quota program account in the state treasury. Under AS 37.05.146(c) , receipts from charges collected under this section shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund. The legislature may appropriate money from the community development quota program account for expenditures by the department for necessary costs incurred by the department in implementing any assigned role under AS 44.33.020(a)(11) or for any other public purpose.
The Department of Administration shall identify the amount of the appropriations for the state’s role under AS 44.33.020(a)(11) that lapses into the general fund each year. The legislature may appropriate an amount equal to the lapsed amount to the community development quota program for its operating costs for the next fiscal year.
The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to interpret or implement its duties under this section.
In this section,
1. “CDQ group” or “community development quota group” means an applicant under 16 U.S.C. 1855(i), or a successor program, with an approved community development plan;
2. “CDQ program” or “community development quota program” means the federal community development quota program established under 16 U.S.C. 1855(i), or a successor federal program approved by the United States Secretary of Commerce;
3. “fiscal year” has the meaning given in AS 37.05.920 ;
4. “value” has the meaning given in AS 43.75.290 .

History. (§ 4 ch 101 SLA 2000; am §§ 3 — 6 ch 150 SLA 2004)

Revisor’s notes. —

In 2002, in subsection (c), “AS 37.05.146(b) and (c)” was substituted for “AS 37.05.146 (b)” to reflect the 2002 renumbering of AS 37.05.146 , and in subsection (g), “AS 37.05.146(c) ” was substituted for “AS 37.05.146(b) ” to reflect the 2002 renumbering of AS 37.05.146.

Sec. 44.33.115. Exxon Valdez oil spill unincorporated rural community grant fund.

There is created in the department the Exxon Valdez oil spill unincorporated rural community grant fund. The fund consists of money appropriated to the fund from the Exxon Valdez oil spill restoration fund, the Alyeska settlement fund, and other sources. Appropriations to the fund do not lapse unless otherwise provided by the legislature in the bill making the appropriation to the fund. The department may use the fund to make grants to unincorporated rural communities in the area affected by the Exxon Valdez oil spill for capital projects for purposes of restoring, replacing, or enhancing subsistence resources or services or other services damaged or lost as the result of the Exxon Valdez oil spill. In this section,

“Alyeska settlement fund” means the trust fund established in the state treasury for the purpose of receiving, holding, and disbursing the settlement proceeds received by the state under the Agreement and Consent Decree in re: The Exxon Valdez, United States District Court, District of Alaska, Case No. A92-175 Civil, decree entered November 25, 1992;
“Exxon Valdez oil spill restoration fund” means the fund established by the Department of Revenue to implement the judgment entered by the United States District Court for Alaska in the criminal case United States of America v. Exxon Shipping Company and Exxon Corporation, No. A90-015 CR.

History. (§ 57 ch 58 SLA 1999)

Sec. 44.33.118. Definitions.

In AS 44.33.010 — 44.33.118 ,

“commissioner” means the commissioner of commerce, community, and economic development;
“department” means the Department of Commerce, Community, and Economic Development.

History. (§ 57 ch 58 SLA 1999)

Revisor’s notes. —

In 2004, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” and “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Article 2. Alaska Division of Tourism.

Administrative Code. —

For division of tourism, see 3 AAC, part 8.

Sec. 44.33.119. Purposes.

The purposes of AS 44.33.119 — 44.33.136 are to

encourage the expansion and growth of the state’s visitor industry for the benefit of the citizens of the state;
ensure that the economic benefits to be derived from tourism in the state are retained in the state, to the greatest extent possible;
ensure that a maximum number of residents of the state are employed in the tourism industry;
ensure that consideration is given in the development and implementation of the tourism program to local community goals and objectives, to impacts on existing private enterprises, and to impacts on recreational and subsistence opportunities for the residents of the state;
promote the development of tourism opportunities throughout the state, including along the highway system of the state, the marine highway, and in rural areas of the state.

History. (§ 5 ch 78 SLA 1988; am § 27 ch 23 SLA 1995; am § 4 ch 29 SLA 1999; am § 1 ch 76 SLA 2014)

Administrative Code. —

For tourism grants, see 3 AAC 54.

Effect of amendments. —

The 2014 amendment, effective October 8, 2014, in the introductory language, substituted “AS 44.33.119 — 44.33.136 ” for “AS 44.33.119 — 44.33.135 ”.

Sec. 44.33.120. Tourism duties.

[Repealed, § 84 ch 58 SLA 1999.]
The Department of Commerce, Community, and Economic Development shall
1. cooperate with organizations in the private sector for the promotion and development of tourism into and within the state;
2. coordinate with municipal, state, and federal agencies for the development of tourism resources in the state;
3. promote and develop the state’s tourist industry;
4. cooperate with the private sector and the Alaska Tourism Marketing Board in the planning and execution of a destination tourism marketing campaign that is in the public interest;
5. promote the development of visitor industry facilities, both in the public sector and the private sector, through the use of state resources as appropriate;
6. plan and advocate for tourism and tourism development in coordination with the private sector, municipalities, state, and federal agencies;
7. administer a visitor information center located in Tok; and
8. conduct research related to tourism.
[Repealed, § 28 ch 90 SLA 1991.]
[Repealed, § 5 ch 76 SLA 2014.]

History. (§ 4 ch 207 SLA 1975; am § 72 ch 138 SLA 1986; am § 6 ch 78 SLA 1988; am § 28 ch 90 SLA 1991; am §§ 5, 6 ch 29 SLA 1999; am §§ 58, 84 ch 58 SLA 1999; am §§ 2, 5 ch 76 SLA 2014)

Revisor’s notes. —

In 1999, “Department of Community and Economic Development” was substituted for “Alaska division of tourism” in subsection (b) and for “Department of Commerce and Economic Development” in subsection (d) in order to reconcile chs. 29 and 58, SLA 1999. In 2004, in (b) and (d) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For tourism grants, see 3 AAC 54.

Effect of amendments. —

The 2014 amendment, effective October 8, 2014, in (b), in (b)(4), inserted “and the Alaska Tourism Marketing Board” following “the private sector” and deleted “under AS 44.33.125 ” following “marketing campaign”, deleted (b)(7), which read “administer and evaluate the tourism marketing contract program under AS 44.55.125;”; repealed (d), and made related changes.

Sec. 44.33.122. Establishment of Tourism Coordinating Committee. [Repealed, § 33 ch 23 SLA 1995.]

Sec. 44.33.124. Membership of the Tourism Coordinating Committee. [Repealed, § 33 ch 23 SLA 1995.]

Sec. 44.33.125. Tourism marketing contracts. [Repealed, § 5 ch 76 SLA 2014.]

Sec. 44.33.130. Division contract. [Repealed, § 11 ch 78 SLA 1988.]

Sec. 44.33.135. Grants for promotion or development of visitor travel.

A municipality, a nonprofit corporation formed under AS 10.20, or a bona fide nonprofit civic, fraternal, or service organization may receive, as a grant, matching money from the state for up to 50 percent of the costs of a program or project that the commissioner of commerce, community, and economic development determines is consistent with the purposes of AS 44.33.119 and is likely to promote or develop visitor travel, including
1. the promotion of conventions;
2. the construction, improvement, or operation of visitor destination facilities and tourist attractions; and
3. the development and preservation of attractions of historical, contemporary, recreational, or cultural interest.
The commissioner of commerce, community, and economic development shall adopt regulations to carry out the provisions of this section.
A grant awarded under this section may not be used for tourism marketing.

History. (§ 8 ch 78 SLA 1988; am § 9 ch 29 SLA 1999; am § 59 ch 58 SLA 1999)

Revisor’s notes. —

In 1999, in (b) of this section, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in (a) and (b) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For tourism grants, see 3 AAC 54.

Sec. 44.33.136. Alaska Tourism Marketing Board.

The Alaska Tourism Marketing Board is created in the Department of Commerce, Community, and Economic Development.
The board consists of 21 members as follows:
1. 18 members appointed by the governor who are members of the leading statewide nonprofit tourism association and who represent different segments of the tourism industry and company sizes and the following regions of the state:
  1. Southeast;
  2. Southcentral;
  3. Southwest;
  4. Interior; and
  5. Far North;
2. the commissioner of commerce, community, and economic development or the commissioner’s designee;
3. one member of the senate appointed by the president of the senate, who shall serve ex officio as a nonvoting member of the board; and
4. one member of the house of representatives appointed by the speaker of the house of representatives, who shall serve ex officio as a nonvoting member of the board.
Before making the appointments under (b)(1) of this section, the governor shall identify the leading statewide nonprofit tourism marketing association.
The governor may appoint the members under (b)(1) of this section from a list of nominees for each seat submitted by the leading statewide nonprofit tourism marketing association. The governor may reject a list for any seat submitted under this subsection and request that another list be submitted.
The term of office of a member of the board appointed under (b)(1) of this section is three years.
The board shall annually elect a chair and vice-chair from among its members. Nine members of the board including at least one member representing each region listed under (b)(1) of this section constitute a quorum. The board shall meet at least twice a year. The chair shall set the time and place of the meeting, either on the chair’s own motion or on written request by three members of the board. The board is encouraged to meet electronically.
The members of the board do not receive a salary for service on the board. The members of the board appointed under (b)(2) — (4) of this section are entitled to per diem and travel expenses authorized by law for other boards and commissions under AS 39.20.180 . The members of the board appointed under (b)(1) of this section are not entitled to per diem or travel expenses.
The board shall
1. cooperate with the department to plan and execute a destination tourism marketing campaign that is in the public interest; and
2. make recommendations to the department regarding tourism marketing.
In this section,
1. “board” means the Alaska Tourism Marketing Board;
2. “department” means the Department of Commerce, Community, and Economic Development.

History. (§ 3 ch 76 SLA 2014)

Cross references. —

For the termination date of the Alaska Tourism Marketing Board, see AS 44.66.010(a) .

Effective dates. —

Section 3, ch. 76, SLA 2014, which enacted this section, took effect on October 8, 2014.

Secs. 44.33.140 — 44.33.180. Grants; matching money; limitations; administration. [Repealed, § 11 ch 78 SLA 1988.]

Secs. 44.33.190 — 44.33.230. Tourism Advisory Board. [Repealed, § 2 ch 97 SLA 1986.]

Article 3. Film Office.

Cross references. —

For transitional provisions applicable to review of tax credits with respect to film production tax credits after the repeal of provisions of this article under §§ 3 and 4, ch. 63, SLA 2008, see § 5(a), ch. 63, SLA 2008, in the 2008 Temporary and Special Acts. Note that §§ 3 — 8, ch. 63, SLA 2008 are repealed effective July 1, 2013, under §§ 34, 43 and 49, ch. 51, SLA 2012.

For transitional provision applicable to determination of qualified expenditures and award and review of tax credits under the provisions of AS 44.33.231 — 44.33.239 as they read before July 1, 2013, notwithstanding the repeal of these sections by sec. 30, ch. 51, SLA 2012, see sec. 4, ch. 21, SLA 2013.

Administrative Code. —

For child care facility loans, see 3 AAC 82.

Sec. 44.33.231. Film production promotion program.

The film production promotion program is established in the Department of Commerce, Community, and Economic Development.
The purpose of the film production promotion program is to
1. work with organizations in the private sector for the expansion and development of film production industries in the state;
2. promote Alaska as an appropriate location for film production;
3. provide production assistance through connecting film directors, makers, and producers with Alaska location scouts and contractors, including contractors providing assistance with permit applications; and
4. certify Alaska film production internship training programs and promote the employment of program interns by eligible productions.
[Repealed, § 7 ch 35 SLA 2015.]

History. (§ 2 ch 63 SLA 2008; am § 29 ch 51 SLA 2012; am § 7 ch 35 SLA 2015)

Effect of amendments. —

The 2012 amendment, effective July 1, 2013, rewrote the section.

The 2015 amendment, effective July 1, 2015, repealed (c).

Sec. 44.33.232. Alaska film production incentive program. [Repealed, § 30 ch 51 SLA 2012.]

Sec. 44.33.233. Eligibility. [Repealed, § 30 ch 51 SLA 2012.]

Sec. 44.33.234. Qualification for film production tax credit. [Repealed, § 30 ch 51 SLA 2012.]

Sec. 44.33.235. Award of film production tax credit. [Repealed, § 30 ch 51 SLA 2012.]

Sec. 44.33.236. Determination of qualified expenditures. [Repealed, § 30 ch 51 SLA 2012.]

Sec. 44.33.237. Recovery of film production tax credit. [Repealed, § 30 ch 51 SLA 2012.]

Sec. 44.33.238. Regulations. [Repealed, § 30 ch 51 SLA 2012.]

Sec. 44.33.239. Definitions. [Repealed, § 30 ch 51 SLA 2012.]

Article 4. Child Care Facility Revolving Loan Fund.

Administrative Code. —

For child care facility loans, see 3 AAC 82.

Sec. 44.33.240. Child care facility revolving loan fund.

There is in the Department of Commerce, Community, and Economic Development the child care facility revolving loan fund to carry out the purposes of AS 44.33.240 — 44.33.275 . Except as provided in (b) and (c) of this section, the fund may not be used for any other purpose.
The department may use money in the fund for costs of administering AS 44.33.240 — 44.33.275 .
On June 30 of each fiscal year the unexpended and unobligated cash balance of the fund that is attributable to loans owned by the fund lapses into the general fund.

History. (§ 9 ch 253 SLA 1976; am §§ 55, 56 ch 36 SLA 1990)

Revisor’s notes. —

In 1999, in (a) of this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in (a) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.242. Special account established.

There is established as a special account within the child care facility revolving loan fund the foreclosure expense account. This account is established as a reserve from fund equity.
The commissioner of commerce, community, and economic development may expend money credited to the foreclosure expense account when necessary to protect the state’s security interest in collateral on loans made under AS 44.33.245 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.

History. (§ 18 ch 79 SLA 1985)

Revisor’s notes. —

In 1999, in (b) of this section, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in (b) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.245. Powers and duties of the department in administering the fund.

The department may
1. make loans for the construction, renovation, and equipping of child care facilities, including private nonprofit child care facilities;
2. adopt regulations necessary to carry out the provisions of AS 44.33.240 — 44.33.275 , including regulations to establish reasonable fees for services provided and charges for collecting the fee; and
3. collect the fees and charges established under this subsection.
The department shall
1. develop eligibility standards for loans to child care facilities;
2. adopt guidelines for the determination of loan terms.

History. (§ 9 ch 253 SLA 1976; am § 1 ch 112 SLA 1981; am § 57 ch 36 SLA 1990)

Administrative Code. —

For repossessed property, see 3 AAC 77.

For child care facility loans, see 3 AAC 82.

Sec. 44.33.250. Conditions of loans. [Repealed, § 9 ch 112 SLA 1981.]

Sec. 44.33.255. Loan terms.

A loan to a child care facility under AS 44.33.240 — 44.33.275 may not exceed $50,000.
The rate of interest charged shall be seven percent a year on the unpaid balance of the loan.
The duration for repayment of a loan may not exceed 20 years.
All principal and interest payments, and any money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 44.33.240 — 44.33.275 , shall be paid into the child care facility revolving loan fund.
If a child care facility ceases operation, any loan to the facility from the fund is due on the date the facility ceases operation.

History. (§ 9 ch 253 SLA 1976; am § 3 ch 153 SLA 1978; am § 18 ch 72 SLA 1979; am § 2 ch 112 SLA 1981; am § 34 ch 113 SLA 1982; am § 58 ch 36 SLA 1990)

Administrative Code. —

For child care facility loans, see 3 AAC 82.

Sec. 44.33.260. Eligibility for loans.

A child care facility is eligible for a loan under AS 44.33.240 — 44.33.275 if

the applicant submits to the department a plan for the use of the loan funds that is approved by the commissioner;
[Repealed, § 9 ch 112 SLA 1981.]
[Repealed, § 7 ch 153 SLA 1978.]
[Repealed, § 7 ch 153 SLA 1978.]
the applicant meets additional eligibility standards established by the department under AS 44.33.245(b)(1) .

History. (§ 9 ch 253 SLA 1976; am §§ 4, 7 ch 153 SLA 1978; am § 9 ch 112 SLA 1981)

Administrative Code. —

For child care facility loans, see 3 AAC 82.

Sec. 44.33.265. Certificate of need. [Repealed, § 7 ch 153 SLA 1978.]

Sec. 44.33.270. Sale or transfer of mortgages and notes.

The commissioner of commerce, community, and economic development may sell or transfer at par value or at a premium to a bank or other private purchaser for cash or other consideration the mortgages and notes held by the department as security for loans made under AS 44.33.240 — 44.33.275 .
[Repealed, § 14 ch 122 SLA 1980.]

History. (§ 9 ch 253 SLA 1976; am § 5 ch 153 SLA 1978; am § 19 ch 72 SLA 1979; am § 14 ch 122 SLA 1980; am § 56 ch 21 SLA 1991)

Revisor’s notes. —

In 1999, in (a) of this section, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in (a) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.272. Disposal of property acquired by default or foreclosure.

The department shall dispose of property acquired through default or foreclosure of a loan made under AS 44.33.240 — 44.33.275 . Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years.

History. (§ 19 ch 79 SLA 1985)

Administrative Code. —

For repossessed property, see 3 AAC 77.

Sec. 44.33.275. Definitions.

In AS 44.33.240 — 44.33.275 ,

“child care facility” means an establishment the principal purpose of which is to provide care for children not related by blood, marriage, or legal adoption, including but not limited to day care centers, family day care homes, and schools for preschool age children;
“department” means the Department of Commerce, Community, and Economic Development.

History. (§ 9 ch 253 SLA 1976)

Revisor’s notes. —

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Article 5. Areas Impacted by Economic Disaster.

Sec. 44.33.285. Action by governor.

The governor may, upon recommendation of the commissioner of commerce, community, and economic development, designate by proclamation an area as an area impacted by an economic disaster. When an area is so designated, the legislature may appropriate money for assistance grants and the governor may recommend in the governor’s budget submission that capital projects planned for the area be accelerated and that new projects be funded for the area. The proclamation may provide that waivers of capital projects requirements, as authorized in AS 44.33.300 , become effective only to the extent set out in the proclamation.

History. (§ 1 ch 277 SLA 1976; am § 35 ch 113 SLA 1982)

Revisor’s notes. —

In 1999, in this section, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.290. Employment preference.

In the performance of contracts awarded by the state in an area impacted by an economic disaster, residents of the area shall be employed where they are available and qualified so that the economic effects of alleviating the disaster will be maximized. If resident labor is not available, the contractor shall inform the Department of Labor and Workforce Development of the number of additional workers needed, the positions to be filled, and the efforts made at recruitment in the area. If the Department of Labor and Workforce Development is satisfied that a good faith effort has been made by the contractor to hire residents of the area, it may issue a certificate allowing other hire for designated positions. A clause requiring these provisions shall be part of each state contract awarded.
Wages paid for employment under this section shall be in conformance with the minimum rates of pay schedule published by the Department of Labor and Workforce Development in accordance with AS 36.05.030 .

History. (§ 1 ch 277 SLA 1976)

Revisor’s notes. —

In 1999, in this section, “Department of Labor” was changed to “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

Sec. 44.33.295. Contractors’ preference.

If the department determines that there are contractors in an area designated as an area impacted by an economic disaster and who are qualified to perform a contract, preference to the extent feasible shall be given to those contractors under regulations adopted by the department.

History. (§ 1 ch 277 SLA 1976)

Sec. 44.33.300. Waiver of certain provisions.

When the governor has by proclamation declared an area impacted by an economic disaster, the following provisions regarding public contracts may be waived to the extent specified in the proclamation:

the requirement of a contractor’s bond as prescribed in AS 36.25.010 may be waived if the contract amount does not exceed $100,000;
the public bid requirements as contained in AS 19.10.170 , AS 19.30.191(b) , AS 35.15.010 — 35.15.020 , and AS 36.30 (State Procurement Code) may be waived if the contract is to be performed by a contractor whose principal office is in the designated area and the contract amount does not exceed $50,000;
the general policy to require all construction to be under bid contract as contained in AS 19.10.170 , AS 35.15.010 , and AS 36.30 (State Procurement Code) may be waived if the contract is to be performed by the state, another governmental entity, or a nonprofit entity.

History. (§ 1 ch 277 SLA 1976; am § 44 ch 106 SLA 1986)

Sec. 44.33.305. Regulations.

The department, after consultation with the Department of Labor and Workforce Development, may adopt regulations to implement AS 44.33.285 — 44.33.310 .

History. (§ 1 ch 277 SLA 1976)

Revisor’s notes. —

In 1999, in this section, “Department of Labor” was changed to “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

Sec. 44.33.310. Definitions.

In AS 44.33.285 — 44.33.310 ,

“base period” means any 10 years after 1950, not necessarily continuous, and if the economic disaster is caused by a fisheries failure the period shall consist of years during which a fishery produced at economically representative levels as determined by the Department of Fish and Game;
“department” means the Department of Commerce, Community, and Economic Development;
“economic disaster” means that the annual income to workers in the designated area dropped below the average annual income for the base period for workers in the designated area and the drop in income is of such magnitude that the average family income of all residents of the designated area as determined by the department is below the poverty guidelines issued by the federal Department of Health and Human Services, adjusted by the department to reflect subsistence economic patterns and appropriate cost-of-living differentials; the availability of alternate employment shall be considered in determining whether an economic disaster has occurred under this paragraph.

History. (§ 1 ch 277 SLA 1976; am § 33 ch 168 SLA 1990)

Revisor’s notes. —

Cross references. —

For federal poverty guidelines, see aspe.hhs.gov/poverty-guidelines.

Secs. 44.33.320 — 44.33.380. Residential Care Facility Revolving Loan Fund. [Repealed, § 72 ch 113 SLA 1982.]

Secs. 44.33.401 — 44.33.430. Cultural Facilities Grants. [Repealed, § 2 ch 97 SLA 1986.]

Article 6. Telemedicine Business Registry.

Sec. 44.33.381. Telemedicine business registry.

The department shall adopt regulations for establishing and maintaining a registry of businesses performing telemedicine services in the state.
The department shall maintain the registry of businesses performing telemedicine services in the state. The registry must include the name, address, and contact information of businesses performing telemedicine services in the state.
In this section,
1. “department” means the Department of Commerce, Community, and Economic Development;
2. “telemedicine services” means the delivery of health care services using the transfer of medical data through audio, visual, or data communications that are performed over two or more locations by a provider who is physically separated from the recipient of the health care services.

History. (§ 38 ch 25 SLA 2016)

Effective dates. —

Section 38, ch. 25, SLA 2016, which enacted this section, took effect on September 19, 2016.

Article 7. Alaska Minerals Commission.

Sec. 44.33.431. Alaska Minerals Commission established.

The Alaska Minerals Commission is established in the Department of Commerce, Community, and Economic Development.
The commission is composed of 11 members. The commission shall be composed of individuals who have at least five years’ experience in the various aspects of the minerals industries in the state. The governor shall appoint five members of the commission, one of whom must reside in a rural community. The president of the Senate shall appoint three members of the commission. The speaker of the House of Representatives shall appoint three members of the commission. Each member serves at the pleasure of the appointing authority.
The commission shall make recommendations to the governor and to the legislature on ways to mitigate the constraints, including governmental constraints, on development of minerals, including coal, in the state.
The commission shall report its recommendations each year to the governor during the first 10 days of the regular session of the legislature. The commission shall notify the legislature that the report is available.
Members of the commission are appointed for staggered terms of three years. Except as provided in AS 39.05.080 (4), a member of the commission serves until a successor is appointed. Except as provided in AS 39.05.080 (4), an appointment to fill a vacancy on the commission is for the remainder of the unexpired term. A member who has served all or part of two successive terms on the commission may not be reappointed to the commission unless three years have elapsed since the person has last served on the commission.
The commission shall elect two of its members to serve as chair and vice-chair. When a vacancy occurs in the office of chair or vice-chair, the commission shall elect one of its members to serve the remaining term as chair or vice-chair. The term as chair or vice-chair is three years. The chair and vice-chair may be elected to not more than two successive terms as chair or vice-chair. After three years of not serving as chair or vice-chair, the member is eligible for election as chair or vice-chair again.

History. (§ 2 ch 98 SLA 1986; am §§ 1 — 3 ch 71 SLA 1988; am § 92 ch 21 SLA 1995; am § 1 ch 34 SLA 2013)

Postponed repeal of section. —

Under sec. 1, ch. 12, SLA 1998, as amended by sec. 1, ch. 17, SLA 2003 and sec. 2, ch. 34, SLA 2013, this section is repealed effective February 1, 2024.

Revisor’s notes. —

Enacted in 1986 as temporary law. Codified in 1988.

Effect of amendments. —

The 2013 amendment, effective September 1, 2013, added (e) and (f).

Secs. 44.33.436 — 44.33.438. Neighborhood revitalization and development fund; powers and duties; definitions. [Repealed, § 12 ch 42 SLA 1997.]

Secs. 44.33.450 — 44.33.500. Alaska Agricultural Action Council. [Repealed, § 4 ch 75 SLA 1979.]

Article 8. Native Art Competitions.

Sec. 44.33.501. Program of competitions.

The Department of Commerce, Community, and Economic Development shall direct a continuing program of competitions. The competitions shall be held each summer to select outstanding examples of Alaskan Native arts and crafts.
The Department of Commerce, Community and Economic Development, after consulting with a committee from the Alaska Native Brotherhood and Sisterhood appointed by their councils from among the memberships of those organizations, shall adopt regulations for the competitions, providing for, but not limited to the following:
1. eligibility requirements for entrants;
2. categories for entry, such as basketwork, wood carving, pottery, stone work, ivory work, painting, etc.;
3. criterion for selecting category winners and grand prize winners;
4. transportation and display of entries;
5. prizes and awards for winning entrants which are restricted to ribbons, cups, plaques, etc.;
6. preparation of entry forms that
  1. give the name and mailing address of the entrant,
  2. show that each entry is the work of the entrant,
  3. give the minimum price that the entrant will accept for the entry,
  4. provide the entrant with a choice of having the entry sold, retained for display by the state, or returned to the entrant, and
  5. identify and describe the entry; and
7. restricting the entrant from entering competitions in more than one region.

History. (§ 2 ch 68 SLA 1960)

Revisor’s notes. —

Formerly AS 45.65.080 . Renumbered in 1980.

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.502. Regional competitions.

Four regional competitions shall be held each summer in the first, second, third, and fourth judicial districts established in AS 22.10.010 . First place and honorable mention awards shall be made in each category and one grand prize award and one honorable mention award shall be made for each region.

History. (§ 3 ch 68 SLA 1960; am § 39 ch 12 SLA 2006)

Revisor’s notes. —

Formerly AS 45.65.090. Renumbered in 1980.

Sec. 44.33.503. Place of competition.

The Department of Commerce, Community, and Economic Development shall solicit invitations from the larger communities in each of the regions for holding the regional competition. The community in each region which offers the best facilities and the greatest measure of cooperation for conducting the competition shall be selected as the location of the regional competition.

History. (§ 4 ch 68 SLA 1960)

Revisor’s notes. —

Formerly AS 45.65.100. Renumbered in 1980.

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.504. Judges.

Judges at the regional competitions shall be selected by the Department of Commerce, Community, and Economic Development and composed of a panel of five, two of whom shall be selected from nominees of the Alaska Native Brotherhood and Sisterhood and three of whom shall be selected by the department on the basis of their knowledge and appreciation of Alaskan Native arts and crafts and of art in general.

History. (§ 5 ch 68 SLA 1960)

Revisor’s notes. —

Formerly AS 45.65.110. Renumbered in 1980.

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.505. Sale of entries.

If authorized by the entrant, an entry not selected for display may be sold for not less than the price set by the entrant on the entry form. The entry shall be transferred to the purchaser by competition officials on receipt of a money order or cashier’s check made out to the entrant.

History. (§ 6 ch 68 SLA 1960)

Revisor’s notes. —

Formerly AS 45.65.120. Renumbered in 1980.

Sec. 44.33.506. Other displays.

The Department of Commerce, Community, and Economic Development may display or authorize the display of entries at places other than the regional competitions.

History. (§ 8 ch 68 SLA 1960)

Revisor’s notes. —

Formerly AS 45.65.130. Renumbered in 1980.

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.507. Grants and assistance.

The Department of Commerce, Community, and Economic Development may accept grants of money and other assistance from private persons or groups, from political subdivisions of the state, or from others to conduct and promote annual competitions and displays.

History. (§ 9 ch 68 SLA 1960)

Revisor’s notes. —

Formerly AS 45.65.140. Renumbered in 1980.

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.512. Temporary custody.

In order that the competitions may be held without undue disruption and in order that winning items may be displayed at other places, all entries submitted for judging shall be held in temporary custody by the state until they are no longer needed for display, at which time they shall be disposed of in accordance with the wishes of the entrant as set out on the entry form.

History. (§ 10 ch 68 SLA 1960)

Revisor’s notes. —

Formerly AS 45.65.150. Renumbered in 1980.

Secs. 44.33.530 — 44.33.550. Alaska Foreign Offices. [Repealed, E.O. No. 65, § 3 (1987).]

Secs. 44.33.600 — 44.33.630. Power Development Revolving Loan Fund. [Repealed, E.O. No. 75, § 5 (1989). For current law, see AS 44.83.500 — 44.83.530.]

Article 9. Alaska Native Language Preservation and Advisory Council.

Sec. 44.33.520. Alaska Native Language Preservation and Advisory Council.

The Alaska Native Language Preservation and Advisory Council is established in the department for the purpose of recommending the establishment or reorganization of programs to support the preservation, restoration, and revitalization of Alaska Native languages.
The council established under this section shall
1. advise both the governor and legislature on programs, policies, and projects to provide for the cost-effective preservation, restoration, and revitalization of Alaska Native languages in the state;
2. meet at least twice a year to carry out the purposes of the council; members may participate in meetings telephonically; and
3. prepare reports of its findings and recommendations for the governor’s and the legislature’s consideration on or before January 1 of each even-numbered year.
The governor shall appoint to the council established in this section five voting members who are professional language experts and who represent diverse regions of the state. In addition, one member of the senate appointed by the president of the senate and one member of the house of representatives appointed by the speaker of the house of representatives shall serve on the council as nonvoting members. In appointing the nonvoting members of the council, the president of the senate and the speaker of the house of representatives shall appoint a member of the bush caucus, if a bush caucus exists. In this subsection, “bush caucus” means a group of legislators that represents rural areas of the state.
The members appointed by the governor shall serve at the pleasure of the governor.
Members of the council shall serve without compensation but are entitled to per diem and travel expenses as provided under AS 39.20.180 .
The department shall provide staff as needed to support the council; the staff must demonstrate competency in an Alaska Native language.

History. (§ 2 ch 48 SLA 2012)

Cross references. —

For legislative findings relating to the enactment of this section and provisions related to the initial report, see §§ 1 and 3, ch. 48, SLA 2012, in the 2012 Temporary and Special Acts.

Secs. 44.33.700 — 44.33.735. Alaska Tourism Marketing Council. [Repealed, § 10 ch 29 SLA 1999.]

Article 10. Alaska Capstone Avionics Revolving Loan Fund.

Sec. 44.33.650. Declaration of policy.

History. [Repealed, §§ 2, 5 ch 15 SLA 2008 ch 15 SLA 2008.]

Sec. 44.33.655. Alaska capstone avionics revolving loan fund.

History. [Repealed, §§ 2, 5 ch 15 SLA 2008 ch 15 SLA 2008.]

Sec. 44.33.660. Powers and duties of the department.

History. [Repealed, §§ 2, 5 ch 15 SLA 2008 ch 15 SLA 2008.]

Sec. 44.33.665. Eligibility.

History. [Repealed, §§ 2, 5 ch 15 SLA 2008 ch 15 SLA 2008.]

Sec. 44.33.670. Limitations on loans.

History. [Repealed, §§ 2, 5 ch 15 SLA 2008 ch 15 SLA 2008.]

Sec. 44.33.675. Special account established.

History. [Repealed, §§ 2, 5 ch 15 SLA 2008 ch 15 SLA 2008.]

Sec. 44.33.680. Disposal of property acquired by default or foreclosure.

History. [Repealed, §§ 2, 5 ch 15 SLA 2008 ch 15 SLA 2008.]

Sec. 44.33.690. Definitions.

History. [Repealed, §§ 2, 5 ch 15 SLA 2008 ch 15 SLA 2008.]

Article 11. Rural Development.

Administrative Code. —

For rural development assistance and bulk fuel storage facility grant programs, see 3 AAC 160.

Sec. 44.33.740. Powers and duties.

To promote development of rural areas of the state, the department is authorized to

investigate social and economic conditions of rural areas to determine the need to expand economic opportunities and improve living conditions;
formulate a coordinated program to broaden and diversify the economic base of rural areas;
coordinate administration of emergency relief, surplus food distribution, or other public assistance programs, except the regular relief and assistance programs of the federal government in rural areas;
formulate and conduct a program of construction of basic facilities to improve health, welfare, and economic security and provide employment and income in the rural areas;
promote training and educational programs designed to expand employment opportunities for residents of rural areas;
enter into agreements with other state agencies and departments to provide for the distribution in rural communities of surplus electrical power from state-owned power sources located in those communities and to expend funds for this purpose;
make grants to communities for bulk fuel storage facilities;
cooperate with the Department of Environmental Conservation and other agencies to provide technical assistance to communities in the installation, operation, and management of bulk fuel storage facilities.

History. (§ 63 ch 58 SLA 1999)

Administrative Code. —

For farm and agricultural land, see 3 AAC 138.

For rural development assistance and bulk fuel storage facility grant programs, see 3 AAC 160.

Sec. 44.33.745. Limitations.

A program of the department under AS 44.33.740 in a rural area may not exceed $100,000 in cost a year.

History. (§ 63 ch 58 SLA 1999)

Administrative Code. —

For rural development assistance and bulk fuel storage facility grant programs, see 3 AAC 160.

Sec. 44.33.750. Bulk fuel storage facilities grant fund.

There is established in the department the bulk fuel storage facilities grant fund. Grants may be made by the department from this fund to a community to acquire and install community bulk storage facilities.
Grants made under this section for the acquisition and installation of a bulk fuel storage facility may not exceed $100,000 per community.
If the governing body of two or more communities determine that their fuel requirements may be served by a single bulk fuel storage facility, the communities may jointly apply for grants to acquire and install a single bulk fuel storage facility. When communities apply jointly under this subsection, the limitation in (b) of this section is multiplied by the number of communities that submit the joint application.
Before a grant is made under this section, the city council or, if the community is not incorporated, a reasonable representative body in the community shall agree in writing to maintain and operate the bulk storage facility to be constructed with the proceeds of the grant.

History. (§ 63 ch 58 SLA 1999)

Sec. 44.33.755. Land conveyed in trust.

The commissioner
1. shall accept, administer, and dispose of land conveyed to the state in trust by village corporations under 43 U.S.C. 1613(c)(3) (Sec. 14(c)(3) of the Alaska Native Claims Settlement Act) for the purposes specified in that section;
2. may, with the concurrence of an appropriate village entity recognized by the commissioner under (b) of this section or, in the absence of an appropriate village entity, under procedures prescribed by regulations of the commissioner, accept, administer, and dispose of land conveyed in trust by a state or federal agency and by the dissolution of a municipality under AS 29.06.450 — 29.06.530 .
Transfer of land by sale, lease, right-of-way, easement, or permit, including transfer of surface resources, may be made by the commissioner only after approval of an appropriate village entity such as the traditional council, a village meeting, or a village referendum. This approval shall be by resolution filed with the department.
Within one complete state fiscal year after the incorporation of a municipality in the village or of a municipality that includes all or part of the village, land acquired under this section shall be conveyed without cost to the municipality, and the municipality shall succeed to all the entrusted interest in the land.
Separate accounts shall be maintained in the name of each village for the land, including the revenue from the land, acquired from each village corporation under this section.
Upon the conveyance of land to a municipality under this section, the commissioner shall account to the municipality for all profits including interest generated from the land. The municipality may then request the governor to submit a request to the legislature for an appropriation for the amount due the municipality.
Title to or an interest in land acquired by the department under this section may not be acquired by adverse possession or prescription. Notwithstanding (a) — (e) of this section, on the dissolution of a municipality under AS 29.06.450 — 29.06.530 , unimproved land that was owned by the municipality on the date of its dissolution and received by the municipality from the state under a municipal land grant entitlement program is transferred to the commissioner of natural resources.
For the purposes of this section, “municipality” includes only first and second class cities incorporated under the laws of the state.

History. (§ 63 ch 58 SLA 1999)

Administrative Code. —

For tender, acceptance, and conveyance of municipal trust land, see 3 AAC 190, art. 1.

For official recognition of village entities under AS 44.33.755(b) , see 3 AAC 190, art. 2.

For ascertaining the views of village residents where no organized village entity is recognized, see 3 AAC 190, art. 3.

For management of municipal trust land, see 3 AAC 190, art. 4.

For disposal by state of municipal trust land, see 3 AAC 190, art. 5.

For disposition of land and funds upon incorporation of a municipality in a native village, see 3 AAC 190, art. 6.

Sec. 44.33.760. Loan information officers.

The department may provide itinerant loan information officers to serve persons who reside outside the major population centers of the state.
The loan information officers shall be trained, to the extent that the department considers necessary, in a program administered by the department and approved by the Alaska Housing Finance Corporation, the Alaska Industrial Development and Export Authority, and the principal departments of the executive branch that administer loan programs.
A majority of the loan information officers shall be persons who are conversant in Alaska Native languages that are spoken by a significant number of Alaska Natives. The department shall provide brochures and other printed materials, written in easily understandable English and in the Alaska Native languages that are spoken by a significant number of Alaska Natives, for distribution by the loan information officers. The brochures and printed materials must explain the purposes of the various state loan programs, the minimum qualifications under the programs, the method for obtaining assistance in the completion of applications for the programs, and other information the department determines will improve the access of persons in rural areas to the state’s loan programs.
The department shall coordinate its efforts under this section with local financial institutions and community groups to determine the proper itinerary and travel schedule of the loan information officers and to provide adequate notice to persons in rural areas of the itinerary and travel schedule of the loan information officers.
The department shall assign the loan information officers to rural areas based on the current and potential future demands for loans in those areas and shall establish offices for the loan information officers in rural areas if the department determines it is necessary to provide familiarity with the area served by the loan information officers and to reduce travel costs.

History. (§ 63 ch 58 SLA 1999)

Secs. 44.33.765 — 44.33.775. Rural development initiative fund; rural development loans; disposal of property acquired by default or foreclosure. [Repealed, § 15 ch 117 SLA 2000.]

Sec. 44.33.780. Definitions.

In AS 44.33.740 — 44.33.780 ,

“commissioner” means the commissioner of commerce, community, and economic development;
“department” means the Department of Commerce, Community, and Economic Development.

History. (§ 63 ch 58 SLA 1999)

Revisor’s notes. —

Article 12. Planning Assistance.

Sec. 44.33.781. Planning assistance for development and maintenance of district coastal management plans. [Repealed, § 18 ch 31 SLA 2005.]

Sec. 44.33.782. Planning assistance to platting authorities.

To facilitate planning in municipalities that exercise planning and zoning authority, the department may provide planning assistance, including but not limited to surveys, land use studies, urban renewal plans, technical services, model acts that include regulations designed to encourage development and use of energy systems not dependent on oil or gas, and other planning work to a city, borough, or other platting authority. In an area under the jurisdiction, for planning purposes, of a city, borough, or other platting authority, the department may not perform the planning work except at the request or with the consent of the local authority.

History. (§ 63 ch 58 SLA 1999)

Sec. 44.33.784. Assistance by cities and platting authorities.

A city or platting authority may make funds under its control available to the department for the purposes of obtaining planning work or planning assistance, or both, for its area. The department may contract for, accept, and expend the funds for urban planning for the local jurisdiction.

History. (§ 63 ch 58 SLA 1999)

Sec. 44.33.786. Land use planning and state facility procurement plan.

The department shall make recommendations to the Department of Transportation and Public Facilities and to appropriate program agencies concerning the effect upon the comprehensive plan or other land use plans or proposals of municipalities and unincorporated communities with respect to the facility procurement plan required to be prepared in accordance with AS 35.10.170 .

History. (§ 63 ch 58 SLA 1999)

Sec. 44.33.788. Other planning powers.

The department may accept and expend grants from the federal government and other public or private sources, may contract with reference to them, and may enter into contracts and exercise all other powers necessary to carry out AS 44.33.782 — 44.33.788 .

History. (§ 63 ch 58 SLA 1999; am § 11 ch 31 SLA 2005)

Sec. 44.33.790. Definition.

In AS 44.33.782 — 44.33.790 , “department” means the Department of Commerce, Community, and Economic Development.

History. (§ 63 ch 58 SLA 1999; am § 12 ch 31 SLA 2005)

Revisor’s notes. —

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.33.800. International trade. [Repealed, E.O. No. 112 § 3 (2004). For current law, see AS 44.19.017.]

Article 13. Local Boundary Commission.

Administrative Code. —

For local boundary commission, see 3 AAC, part 15.

Sec. 44.33.810. Local Boundary Commission.

There is in the Department of Commerce, Community, and Economic Development a Local Boundary Commission. The Local Boundary Commission consists of five members appointed by the governor for overlapping five-year terms. One member shall be appointed from each of the four judicial districts described in AS 22.10.010 and one member shall be appointed from the state at large. The member appointed from the state at large is the chair of the commission.

History. (§ 64 ch 58 SLA 1999)

Revisor’s notes. —

In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Notes to Decisions

Annotator’s notes. —

Some of the cases cited in the notes below were decided under former AS 44.19 or former AS 44.47.

When method became operative. —

The method for making boundary changes contemplated by Alaska Const., Art. X, § 12 became operative upon the enactment of the 1959 statutes creating a local boundary commission (SLA 1959, ch. 64, § 7) and conferring powers upon it (SLA 1960, ch. 45). Fairview Pub. Util. Dist. v. City of Anchorage, 368 P.2d 540 (Alaska), cert. denied, 371 U.S. 5, 83 S. Ct. 39, 9 L. Ed. 2d 49 (U.S. 1962).

Cited in

Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974).

Sec. 44.33.812. Powers and duties.

The Local Boundary Commission shall
1. make studies of local government boundary problems;
2. adopt regulations providing standards and procedures for municipal incorporation, annexation, detachment, merger, consolidation, reclassification, and dissolution; the regulations providing standards and procedures are subject to AS 29.04 — AS 29.10;
3. consider a local government boundary change requested of it by the legislature, the commissioner of commerce, community, and economic development, or a political subdivision of the state; “boundary change” may not be construed to include a borough incorporation; and
4. develop standards and procedures for the extension of services and ordinances of incorporated cities into contiguous areas for limited purposes upon majority approval of the voters of the contiguous area to be annexed and prepare transition schedules and prorated tax mill levies as well as standards for participation by voters of these contiguous areas in the affairs of the incorporated cities furnishing services.
The Local Boundary Commission may
1. conduct meetings and hearings to consider local government boundary changes and other matters related to local government boundary changes, including extensions of services by incorporated cities into contiguous areas and matters related to extension of services; and
2. present to the legislature during the first 10 days of a regular session proposed local government boundary changes, including gradual extension of services of incorporated cities into contiguous areas upon a majority approval of the voters of the contiguous area to be annexed and transition schedules providing for total assimilation of the contiguous area and its full participation in the affairs of the incorporated city within a period not to exceed five years.

History. (§ 64 ch 58 SLA 1999; am § 2 ch 86 SLA 2005; am § 4 ch 46 SLA 2006)

Revisor’s notes. —

In 2004, in (a) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For further provisions relating to powers and duties of the commission, see AS 29.06 and Alaska Const., art. X, § 12.

For statement of legislative intent applicable to the 2005 amendment of (a)(3) of this section, see § 1, ch. 86, SLA 2005, in the 2005 Temporary and Special Acts.

Administrative Code. —

For standards for incorporation of cities, see 3 AAC 110, art. 1.

For standards for incorporation of boroughs, see 3 AAC 110, art. 2.

For standards for annexation to cities, see 3 AAC 110, art. 3.

For standards for annexation to boroughs, see 3 AAC 110, art. 4.

For standards for merger of municipalities, see 3 AAC 110, art. 5.

For standards for consolidation of municipalities, see 3 AAC 110, art. 6.

For standards for detachment from cities, see 3 AAC 110, art. 7.

For standards for detachment from boroughs, see 3 AAC 110, art. 8.

For standards for dissolution of cities, see 3 AAC 110, art. 9.

For standards for dissolution of boroughs, see 3 AAC 110, art. 10.

For standards for deunification, see 3 AAC 110, art. 11.

For standards for reclassification of cities, see 3 AAC 110, art. 12.

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Editor’s notes. —

Section 5, ch. 46, SLA 2006, provides that a proposal that has not taken effect on or before May 28, 2006, and that has been initiated or considered under standards and procedures that do not meet the requirements of the 2006 amendment of (a)(2) of this section is void, but that the proposal may be initiated again under procedures that do meet the requirements of the 2006 amendment of (a)(2) of this section.

Opinions of attorney general. —

When grouped together, the powers and duties of the local boundary commission are as follows: (1) To consider any local government boundary change (Alaska Constitution art. X, § 12); (2) to present proposed changes to the legislature (Alaska Const., art. X, § 12; § 7, ch. 64, SLA 1959); (3) (subject to law) to establish procedures whereby boundaries may be adjusted by local action (Alaska Const., art. X, § 12); (4) to make studies of local government boundary problems (Sec. 7, ch. 64, SLA 1959); (5) to develop proposed standards and procedures for changing local boundary lines (Sec. 7, ch. 64, SLA 1959); (6) to hold hearings on proposed boundary changes (Sec. 7, ch. 64, SLA 1959). 1959 Alas. Op. Att'y Gen. No. 30.

The local boundary commission has the power and authority to recommend borough boundaries to the legislature. 1959 Alas. Op. Att'y Gen. No. 30.

The commission has the authority to amend a petition for the annexation of an area to a municipality by changing the boundaries of the area proposed for annexation. This authority must, of course, be exercised in accordance with the applicable annexation regulations. October 25, 1982, Op. Att’y Gen.

Notes to Decisions

Analysis

I. General Consideration
II. Construed with
III. Standards and Procedures

I.General Consideration

Annotator’s notes. —

Some of the cases cited in the notes below were decided under former AS 44.19 or former AS 44.47.

Duties of commission. —

This section and former AS 44.47.583 provide that the commission must make studies of local government boundary problems, develop proposed standards and procedures for changing boundaries, and consider boundary changes requested of it by political subdivisions. The commission may conduct hearings on boundary changes and present proposed changes to the legislature. The change becomes effective unless the legislature disapproves; legislative silence permits the change. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971) (decided prior to the 1994 amendment).

When constitutional provision effective. —

The method for making boundary changes, contemplated by Alaska Const., art. X, § 12, was operative upon the enactment of former AS 44.19.260 and this section. Fairview Pub. Util. Dist. v. City of Anchorage, 368 P.2d 540 (Alaska), cert. denied, 371 U.S. 5, 83 S. Ct. 39, 9 L. Ed. 2d 49 (U.S. 1962).

Step annexation allows for gradual assimilation. —

As an alternative to immediate annexation, the step-annexation provision allows for gradual assimilation of contiguous areas into incorporated cities where direct annexation would be premature or impractical. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

How step annexation commenced. —

Ordinarily, a step annexation will be commenced by a municipality’s petition specifically requesting that alternative, although presumably the commission could require the municipality to annex by the step method. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Mandatory or discretionary nature of duties. —

The duties imposed upon the commission in subsection (a) are mandatory. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

The duties imposed in subsection (b) are discretionary. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Reasonable time limitation on duty. —

The duty under subsection (a)(3) to consider requested boundary changes implies a reasonable time limitation. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Veto power of legislature. —

Alaska Const., art X, § 12, empowers the legislature to veto commission actions. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Review by legislature. —

Alaska Const., art. X, § 12 does nothing to compel the legislature to review for compliance with its own requirements. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Alaska Const., art. X, § 12, and former AS 44.47.583 do not make the decision as to whether the commission has complied with the law exclusively legislative. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Existing cities with local boundary commission created boundaries remain unaffected by the holding, under the de facto municipality doctrine, in United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971) (decided prior to the 1994 amendment).

Doctrine of de facto municipal incorporation applied to annexations. —

The doctrine of de facto municipal incorporation insulates from collateral attack annexations not impeccably effected where the annexation is attempted under a proper statute, a good faith effort is made to comply with the statute, the statute is colorably complied with, and the municipality has exercised its powers in good faith within the annexed territory. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

All annexations will have the purpose and effect, in part, of extending city services. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Differently served and treated areas after annexation. —

The post-annexation creation of differently served and treated areas does not impugn the reasonableness of the annexation. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Standing to contest annexation. —

An aggrieved property owner in an area to be annexed has standing to contest the annexation. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

The selection of annexation method made by the commission and approved by the legislature is controlling. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Judicial review. —

There are questions of public policy to be determined in annexation proceedings which are beyond the province of the court. Examples are the desirability of annexation, as expressed in published standards. Judicial techniques are not well adapted to resolving these questions. In that sense, these may be described as “political questions,” beyond the compass of judicial review. But other annexation issues, such as whether statutory notice requirements were followed, are readily decided by traditional judicial techniques. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

The policy decision as to the mode of annexation is an exercise of lawfully vested administrative discretion which the supreme court will review only to determine if administrative, legislative or constitutional mandates were disobeyed or if the action constituted an abuse of discretion. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Annexations effected through local boundary commission procedures receive a full administrative hearing, followed by legislative review, before they are subjected to judicial scrutiny. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Wood River made part of city of Dillingham. —

When the legislature failed to disapprove of the commission’s proposal, the commission’s local boundary change, which consisted of the abolition of the boundary of Wood River and the confirmation of the boundary of the city of Dillingham, had the effect of making Wood River a part of the city of Dillingham. When the boundary commission’s proposal for boundary change became effective, the city of Wood River was dissolved, even though the statutory procedures for dissolution of cities were not followed. Oesau v. City of Dillingham, 439 P.2d 180 (Alaska 1968) (decided prior to the 1994 amendment).

Quoted in

Lake & Peninsula Borough v. Local Boundary Comm'n, 885 P.2d 1059 (Alaska 1994).

II.Construed with

Methods for changing boundaries. —

Alaska Const., art. X, § 12 established two methods by which local boundaries might be changed: (1) by direct action of the local boundary commission subject to legislative disapproval, and (2) by establishment by the commission of procedures for the adjustment of boundaries by local action. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Section implements Alaska Const., art. X, § 12. —

The legislature implemented Alaska Const., art. X, § 12 by enacting this section. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

The intention of Alaska Const., art. X, § 12 and this section was to provide an objective administrative body to make state-level decisions regarding local boundary changes, thus avoiding the chance that a small, self-interested group could stand in the way of boundary changes which were in the public interest. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

III.Standards and Procedures

The development of standards is a precondition to the commission’s exercise of its discretion under subsection (b) of this section. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

The exercise of the commission’s discretion under subsection (b) of this section is conditioned upon the development of standards and procedures for changing local boundary lines under subsection (a)(2) of this section. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Under subsection (a) of this section the legislature requires the commission to develop standards in order to recommend boundary changes. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971) (decided prior to the 1994 amendment).

Since mandatory terms were used, the legislature clearly intended the local boundary commission to adopt regulations concerning modification of local boundary lines. Mukluk Freight Lines v. Nabors Alaska Drilling, 516 P.2d 408 (Alaska 1973) (decided prior to the 1994 amendment).

There are three purposes underlying the statutory requirement of annexation standards. First, such standards expose the basic decision-making processes of the commission to public view. Second, the standards guide local governments in making annexation decisions and in preparing proposals for the commission. Third, annexation standards objectify the criteria of decision-making and delineate the battleground for a public hearing. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Continued failure to have promulgated standards made an annexation a fortiori voidable and prima facie illegal. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Failure must result in injustice. —

Failure to promulgate standards for annexations was not an error so substantial as to result in injustice. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Legislature handicapped in absence of known standards. —

Under Alaska’s constitution, the supreme court has the duty of insuring that administrative action complies with the laws of Alaska. Absent known standards governing the changing of local boundary lines, the legislature’s ability to make rational decisions as to whether to approve or disapprove proposed local boundary changes of the commission is seriously handicapped. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Common challenge is to attack procedures. —

The more common challenge to local boundary commission action attacks the procedures by which the substantive decisions were made. Port Valdez Co. v. Valdez, 522 P.2d 1147 (Alaska 1974).

Sec. 44.33.814. Meetings and hearings.

The chair of the commission or the commissioner of commerce, community, and economic development with the consent of the chair may call a meeting or hearing of the Local Boundary Commission. All meetings and hearings shall be public.

History. (§ 64 ch 58 SLA 1999)

Revisor’s notes. —

In 2004, in this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Sec. 44.33.816. Minutes and records.

The Local Boundary Commission shall keep minutes of all meetings and hearings. If the proceedings are transcribed, minutes shall be made from the transcription. The minutes are a public record. All votes taken by the commission shall be entered in the minutes.

History. (§ 64 ch 58 SLA 1999)

Administrative Code. —

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Sec. 44.33.818. Notice of public hearings.

Public notice of a hearing of the Local Boundary Commission shall be given in the area in which the hearing is to be held at least 15 days before the date of the hearing. The notice of the hearing must include the time, date, place, and subject of the hearing. The commissioner of commerce, community, and economic development shall give notice of the hearing at least three times in the press, through other news media, or by posting in a public place, whichever is most feasible.

History. (§ 64 ch 58 SLA 1999)

Revisor’s notes. —

Administrative Code. —

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Notes to Decisions

Published notice of filing a petition for the incorporation of a borough and proof of such notice must precede published notice of the hearing on the petition. Lake & Peninsula Borough v. Local Boundary Comm'n, 885 P.2d 1059 (Alaska 1994) (decided under former law).

Sec. 44.33.820. Quorum.

Three members of the commission constitute a quorum for the conduct of business at a meeting. Two members constitute a quorum for the conduct of business at a hearing.

History. (§ 64 ch 58 SLA 1999)

Administrative Code. —

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Sec. 44.33.822. Boundary change.

A majority of the membership of the Local Boundary Commission must vote in favor of a proposed boundary change before it may be presented to the legislature.

History. (§ 64 ch 58 SLA 1999)

Administrative Code. —

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Sec. 44.33.824. Expenses.

Members of the Local Boundary Commission receive no pay but are entitled to the travel expenses and per diem authorized for members of boards and commissions under AS 39.20.180 .

History. (§ 64 ch 58 SLA 1999)

Sec. 44.33.826. Hearings on boundary changes.

A local government boundary change may not be proposed to the legislature unless a hearing on the change has been held in or in the near vicinity of the area affected by the change.

History. (§ 64 ch 58 SLA 1999)

Administrative Code. —

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Sec. 44.33.828. When boundary change takes effect.

When a local government boundary change is proposed to the legislature during the first 10 days of any regular session, the change becomes effective 45 days after presentation or at the end of the session, whichever is earlier, unless disapproved by a resolution concurred in by a majority of the members of each house.

History. (§ 64 ch 58 SLA 1999)

Administrative Code. —

For procedures for petitioning and for other commission matters, see 3 AAC 110, art. 13.

Notes to Decisions

Annotator’s notes. —

Some of the cases cited in the notes below were decided under former AS 44.19 or former AS 44.47.

Change effective unless legislature disapproves. —

This section and former AS 44.47.567 provide that the commission must make studies of local government boundary problems, develop proposed standards and procedures for changing boundaries, and consider boundary changes requested of it by political subdivisions. The commission may conduct hearings on boundary changes and present proposed changes to the legislature. The change becomes effective unless the legislature disapproves; legislative silence permits the change. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Veto power of legislature. —

Alaska Const., art. X, § 12, empowers the legislature to veto commission actions. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Compliance with legislative requirements. —

While Alaska Const., art. X, § 12 empowers the legislature to veto commission action, it does nothing to compel the legislature to review for compliance with its own requirements. Rather, the court has the duty of insuring that administrative action complied with Alaska law. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

This section and Alaska Const., art. X, § 12, do not make the decision as to whether the commission has complied with the law exclusively legislative. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Legislature handicapped in absence of known standard governing change. —

Under Alaska’s Constitution the supreme court has the duty of insuring that administrative action complies with the laws of Alaska. Absent known standards governing the changing of local boundary lines, the legislature’s ability to make rational decisions as to whether to approve or disapprove proposed local boundary changes of the commission is seriously handicapped. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Standing to contest annexation. —

An aggrieved property owner in an area to be annexed has standing to contest the annexation. United States Smelting, Ref. & Mining Co. v. Local Boundary Comm'n, 489 P.2d 140 (Alaska 1971).

Cited in

Department of Natural Resources v. Haines, 627 P.2d 1047 (Alaska 1981).

Article 14. Borough Feasibility Studies.

Sec. 44.33.840. Borough feasibility studies.

The commissioner may contract for studies of the feasibility of establishing boroughs in the unorganized borough. A study may be conducted under this section only if

appropriations are available for that purpose; and
the study is requested by a person residing in the area to be studied or by a city located in the area to be studied.

History. (§ 64 ch 58 SLA 1999)

Sec. 44.33.842. Requests for studies.

A request for a study of the feasibility of establishing a borough in the unorganized borough shall be submitted to the commissioner in writing and must include

a description of the boundaries of the area of the proposed study; and
an indication of local interest in the proposed study consisting of either
1. a petition requesting the study containing the signatures and addresses of five percent of the voters residing in the area of the proposed study based on the number of voters who voted in the area in the last statewide election; or
2. resolutions requesting the study adopted by the governing bodies of at least five percent of the cities within the area of the proposed study.

History. (§ 64 ch 58 SLA 1999)

Sec. 44.33.844. Boundaries.

The boundaries of an area studied shall conform to the boundaries indicated in the request for the study under AS 44.33.842 unless the commissioner, after a public hearing held in the area of the proposed study, determines that the boundaries should be altered. In determining the boundaries of an area to be studied, the commissioner shall consider

the standards applicable to the incorporation of boroughs under AS 29.05.031 ;
boundaries of regional corporations established under 43 U.S.C. 1606;
census divisions of the state used for the 1980 census; and
boundaries of the regional educational attendance areas established under AS 14.08.031 .

History. (§ 64 ch 58 SLA 1999; am § 13 ch 31 SLA 2005)

Sec. 44.33.846. Contracts.

The commissioner shall contract for a study of the feasibility of establishing a borough in the unorganized borough by following the procedures under AS 36.30 (State Procurement Code). The commissioner shall include terms in the contract that provide for
1. public participation in the preparation of the study;
2. completion of the study not later than June 30 of the third year after the year the contract is executed.
A study under this section must include
1. a recommendation for or against incorporation of a borough containing all or part of the area studied;
2. an evaluation of the economic development potential of the area studied;
3. an evaluation of capital facility needs of the area studied;
4. an evaluation of demographic, social, and environmental factors affecting the area studied;
5. an evaluation of the relationships among regional educational attendance areas, coastal resource service areas, and other regional entities responsible for providing services in the area studied;
6. an evaluation of the relationships between the existing cities within the area studied and regional entities responsible for providing services in the area; and
7. specific recommendations for
  1. organization of a home rule or general law borough government if one is recommended;
  2. changes in organization of cities in the area studied; or
  3. the improvement of the delivery of services to the public by the state in the area studied.

History. (§ 64 ch 58 SLA 1999)

Sec. 44.33.849. Definition.

In AS 44.33.840 — 44.33.849 , “commissioner” means the commissioner of commerce, community, and economic development.

History. (§ 64 ch 58 SLA 1999)

Revisor’s notes. —

Article 15. Alaska Regional Economic Assistance Program.

Administrative Code. —

For Alaska regional economic assistance program, see 3 AAC 57.

Sec. 44.33.895. Alaska regional economic assistance program. [Repealed, § 2 ch 43 SLA 2000. For current provisions, see AS 44.33.896.]

Sec. 44.33.896. Alaska regional economic assistance program.

Subject to appropriation, the department shall
1. encourage the formation of regional development organizations by providing assistance in forming organizations to interested individuals, including information on how to qualify and apply for regional development grants and federal funding under 42 U.S.C. 3121 — 3246 (Public Works and Economic Development Act of 1965), as amended;
2. assist an interested individual in establishing boundaries for a proposed organization to ensure that the region
  1. is of sufficient geographic size and contains a large enough population to form an economically viable unit with shared interests, resources, traditions, and goals;
  2. contains at least one municipality that serves as a regional center; and
  3. contains the entire area of each municipality included in the region;
3. gather information about regional economic issues, international trade, and tourism from organizations;
4. serve as liaison between organizations and other state agencies and encourage other agencies to make resources available to help accomplish goals of the organizations;
5. assist each organization to
  1. provide services designed to encourage economic development to local communities and businesses;
  2. collect and distribute economic information relevant to the region;
  3. participate in state marketing campaigns and join state trade missions that are relevant to the region; and
  4. develop and implement strategies to attract new industry, expand international trade opportunities, and encourage tourism within the region.
Subject to appropriation and to (c) of this section, the department may make regional development grants to organizations for projects the department determines will be of value in encouraging economic development. During a fiscal year, the department may make not more than 15 grants and may only make grants to one organization from a particular region. An organization that is designated an economic development district under 42 U.S.C. 3171 qualifies for grants under this subsection. The department shall by regulation adopt procedures for applying for regional development grants, including application deadlines. The department may by regulation establish additional grant eligibility requirements.
To qualify for a grant, a regional development organization must match the grant by providing an amount of money from nonstate sources. The department shall establish by regulation a formula that determines the amount of the match required under this subsection based on the capability of each organization to generate money from nonstate sources. The amount of match required may not exceed the amount of grant money and may not be less than 20 percent of the grant. The total amount of grant money provided to an organization during a fiscal year may not exceed $100,000.
There is established in the department the regional development fund consisting of appropriations to the fund. Money from the fund may be used only for regional development grants.
Not later than February 1 of each year, the department shall compile a report on the activities of regional development organizations. The department shall deliver the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available. The report must include the information listed in (1) - (3) of this subsection. To compile the report, the department shall require each regional development organization to provide the following information to the department on or before a date set by the department:
1. an assistance and funding summary for the previous fiscal year that includes
  1. the assistance provided to the organization by the department, the amount and purposes of grants made to the organization by the department, and a statement of any other funding received by the organization from the state;
  2. the amount of federal funding and grants received by the organization; and
  3. the amounts and sources of private sector sponsorships;
2. an activity summary that includes
  1. a summary of the meetings of the board of the regional development organization held during the past year, including the number of meetings and the date, location, and a brief description of the agenda of each meeting;
  2. a summary of economic development initiatives being undertaken and services being provided by the regional development organization at the time of the report;
  3. a work plan containing goals, objectives, and strategies for addressing regional economic needs;
  4. a summary of any comprehensive economic development strategy being implemented by the board at the time of the report; and
  5. the status of projects funded by grants from the state or the federal government; and
3. an economic development summary that includes
  1. potential projects identified by the board that may enhance economic development; and
  2. challenges to regional economic development identified by the board.
In this section,
1. “department” means the Department of Commerce, Community, and Economic Development;
2. “regional development organization” or “organization” means a nonprofit organization or nonprofit corporation formed to encourage economic development within a particular region of the state that includes the entire area of each municipality within that region and that has a board of directors that represents the region’s economic, political, and social interests.

History. (§ 19 ch 2 SLA 2014; am §§ 1 — 3 ch 52 SLA 2016; § 4 ch 52 SLA 2016)

Delayed repeal of section. —

Under sec. 21, ch. 2, SLA 2014, as amended by sec. 4, ch. 52, SLA 2016, and sec. 1, ch. 5, SLA 2021, this section is repealed July 1, 2031.

Revisor's notes. —

Under sec. 21, ch. 2, SLA 2014, this section was to have been repealed July 1, 2016. Under sec. 4, ch. 52, SLA 2016, this repeal was extended to July 1, 2021. Although the extension of the delayed repeal date did not take effect until July 29, 2016, sec. 5, ch. 52, SLA 2016, provides that if the extension "takes effect on or after July 1, 2016, it is retroactive to July 1, 2016."

Cross references. —

For temporary provisions relating to a grant program to provide financial assistance to businesses for operating expenses during the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor on March 11, 2020, see § 14, ch. 10, SLA 2020 in the 2020 Temporary and Special Acts.

Effect of amendments. —

The 2016 amendment, effective July 29, 2016, in (a), added “Subject to appropriation, the”; in (b), inserted “appropriation and to” following “Subject to”; in (e), deleted “on statewide and regional economic development projects and” following “report”, deleted “that have received assistance under (a) of this section or a grant under (b) of this section” following “organizations”; inserted “deliver the report to the senate secretary and the chief clerk of the house of representatives and” preceding “notify”; substituted “2021” for “2016”; made stylistic changes.

Effective dates. —

Section 27, ch. 2, SLA 2014 makes this section effective March 26, 2014, in accordance with AS 01.10.070(c) .

Editor’s notes. —

Under sec. 24, ch. 2, SLA 2014, is retroactive to July 1, 2013.

Under sec. 22, ch. 2, SLA 2014, the first report filed by the Department of Commerce, Community, and Economic Development under AS 44.33.896(e) after March 25, 2014, shall include “a funding summary for the previous three fiscal years.”

Under sec. 23, ch. 2, SLA 2014, the Department of Commerce, Community, and Economic Development may continue to use and enforce regulations adopted under the former Alaska regional economic assistance program to the extent that those regulations are not in conflict with this section.

Article 16. Alaska Forest Products Research and Marketing Program.

Sec. 44.33.900. Alaska forest products research and marketing program.

The Alaska Forest Products Research and Marketing Program is established in the Department of Commerce, Community, and Economic Development.
The program is established to provide a statewide information clearinghouse and coordinator to gather and disseminate information relating to research and development, including technical, logistical, financing, marketing, and other relevant information regarding the manufacture of specific value-added wood products and the establishment of new high value-added manufacturing facilities in the state, and to assist in coordinating existing research and development efforts by state and federal agencies and other public and private entities.
The program coordinator shall identify unfilled needs and problems impeding the development of a high value-added wood products industry in the state, gather information and conduct analyses, and propose solutions by exploring successful models in other states and nations.

History. (§ 3 ch 124 SLA 1996)

Revisor’s notes. —

Article 17. Alaska Microloan Revolving Loan Fund.

Effective dates. —

Section 17, ch. 58, SLA 2012, makes this article effective June 7, 2012, in accordance with AS 01.10.070(c) .

Sec. 44.33.950. Alaska microloan revolving loan fund.

The Alaska microloan revolving loan fund is created in the Department of Commerce, Community, and Economic Development to carry out the purposes of AS 44.33.950 — 44.33.990 .
The Alaska microloan revolving loan fund consists of the following:
1. money appropriated to, transferred to, or received by gift, grant, devise, bequest, or donation to the fund;
2. principal and interest payments or other income earned on loans or investments of the fund;
3. money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 44.33.950 — 44.33.990 .
Money in the fund may be used by the legislature to make appropriations for costs of administering AS 44.33.950 — 44.33.990 .

History. (§ 13 ch 58 SLA 2012)

Cross references. —

For provision requiring a “report to the legislature on the activity, effectiveness, and suggestions for improvement of the Alaska microloan revolving loan fund” established under this section, see sec. 3, ch. 102, SLA 2018, in the 2018 Temporary and Special Acts.

Sec. 44.33.955. Powers and duties of the department.

The department may

make loans to eligible applicants under AS 44.33.950 — 44.33.990 to be used for working capital, equipment, construction, or other commercial purposes by a business located in the state;
receive, take, hold, and administer any appropriation, transfer, gift, grant, bequest, devise, or donation of money for the fund;
establish amortization plans for repayment of loans, including extensions of the terms of loans;
allow an assumption of a loan if
1. the applicant meets the requirements established under this section; and
2. approval of the assumption would be consistent with the purposes of AS 44.33.950 — 44.33.990 ;
establish the rate of interest for loans consistent with law;
charge and collect fees for services provided under AS 44.33.950 — 44.33.990 ;
adopt regulations under AS 44.62 necessary to carry out the provisions of AS 44.33.950 — 44.33.990 , including regulations to establish reasonable fees for services provided; and
designate agents and delegate powers as necessary to the agents.

History. (§ 13 ch 58 SLA 2012)

Sec. 44.33.960. Eligibility.

For an applicant to be eligible for a loan under AS 44.33.950 — 44.33.990 , the applicant shall
1. be a resident of the state, as determined under (b) of this section;
2. provide a reasonable amount of money from other nonstate sources for use on any project or enterprise for which money from a loan will be used; and
3. if the requested loan amount is more than $35,000, provide to the department a document from a state financial institution stating that
  1. the applicant has been denied a loan for the same purpose; or
  2. a loan from the financial institution is contingent on the applicant also receiving a loan from the fund.
To meet the residency requirements of (a) of this section, the applicant
1. shall physically reside in this state and maintain a domicile in this state during the 12 consecutive months preceding the date of application for the program; and
2. may not have
  1. declared or established residency in another state; or
  2. received residency or a benefit based on residency from another state.

History. (§ 13 ch 58 SLA 2012; am § 1 ch 102 SLA 2018)

Cross references. —

For provision providing that the 2018 amendment to subsection (a) applies “to applications for loans under AS 44.33.950 — 44.33.990 made on or after December 4, 2018”, see sec. 4, ch. 102, SLA 2018, in the 2018 Temporary and Special Acts.

The 2018 amendment, effective December 4, 2018, in (a)(3), substituted “is more than $35,000” for “is $35,000 or more” following “requested loan amount”.

Legislative history reports. —

For governor's transmittal letter for ch. 102, SLA 2018 (HB 304), which amended subsection (a), see 2018 House Journal 2240 — 2241.

Sec. 44.33.965. Limitations on loans.

The department may use money from the Alaska microloan revolving loan fund to make loans of up to $35,000 to a person or loans of up to $70,000 to two or more persons.
A loan under AS 44.33.950 — 44.33.990
1. may not exceed a term of 12 years, except for extensions under AS 44.33.955 ;
2. may not bear interest at a rate greater than the prime rate, as defined in AS 44.88.599 , plus two percentage points, but that may not be less than four percent a year or more than eight percent a year;
3. must be secured by collateral acceptable to the commissioner; and
4. may not be made to a person who has a past due child support obligation established by court order or by the child support services agency under AS 25.27.160 — 25.27.220 at the time of application.

History. (§ 13 ch 58 SLA 2012; am § 2 ch 102 SLA 2018)

Cross references. —

For provision providing that the 2018 amendment to subsection (b) applies “to applications for loans under AS 44.33.950 — 44.33.990 made on or after December 4, 2018”, see sec. 4, ch. 102, SLA 2018, in the 2018 Temporary and Special Acts.

The 2018 amendment, effective December 4, 2018, in (b)(1) substituted “term of 12 years” for “term of six years” following “may not exceed a” at the beginning, in (b)(2), substituted “plus two percentage points” for “plus one percentage point” following “defined in AS 44.88.599 ,” substituted “less than four percent” for “less than six percent” following “may not be”.

Legislative history reports. —

For governor's transmittal letter for ch. 102, SLA 2018 (HB 304), which amended subsection (b), see 2018 House Journal 2240 — 2241.

Sec. 44.33.970. Special account established.

The foreclosure expense account is established as a special account in the Alaska microloan revolving loan fund.
The department may expend money credited to the foreclosure expense account when necessary to protect the state’s security interest in collateral on loans granted under AS 44.33.960 or to defray expenses incurred during foreclosure proceedings after an obligor defaults.

History. (§ 13 ch 58 SLA 2012)

Sec. 44.33.975. Default.

If the borrower defaults on a note, the department shall notify the borrower of the default and the consequences of default by mailing a notice to the borrower’s most recent address provided to the department by the borrower or obtained by the department.

History. (§ 13 ch 58 SLA 2012)

Sec. 44.33.980. Disposal of property acquired after default.

The department shall dispose of property acquired through default of a loan made under AS 44.33.950 — 44.33.990 . Disposal must be made in a manner that serves the best interest of the state and may include the amortization of payments over a period of years.

History. (§ 13 ch 58 SLA 2012)

Sec. 44.33.990. Definitions.

In AS 44.33.950 — 44.33.990 ,

“commissioner” means the commissioner of commerce, community, and economic development;
“department” means the Department of Commerce, Community, and Economic Development.

History. (§ 13 ch 58 SLA 2012)

Chapter 35. Department of Military and Veterans’ Affairs.

Article 1. Department Functions; Memorials and Cemeteries.

Sec. 44.35.010. Adjutant general.

The principal executive officer of the Department of Military and Veterans’ Affairs is the adjutant general.

History. (§ 15 ch 64 SLA 1959; am E.O. No. 58, § 20 (1984))

Collateral references. —

53 Am. Jur. 2d, Military and Civil Defense, §§ 25, 29, 30.

6 C.J.S., Armed Services, §§ 341 to 350.

Sec. 44.35.020. Duties and powers of department.

The Department of Military and Veterans’ Affairs shall
1. conduct the military affairs of the state as prescribed by AS 26.05;
2. cooperate with the federal government in matters of mutual concern pertaining to the welfare of Alaska veterans, including establishing, extending, or strengthening services for veterans in the state;
3. annually, not later than February 1, make available a report to the legislature, through the governor, outlining the department’s activities during the previous calendar year; the department shall notify the legislature that the report is available; and
4. cooperate with the Department of Public Safety to develop and implement missing vulnerable adult prompt response and notification plans under AS 44.41.060 .
The Department of Military and Veterans’ Affairs may administer training and pre-employment training programs.
The Department of Military and Veterans’ Affairs may establish and operate the Alaska Military Youth Academy as part of the National Guard Youth Challenge Program established under 32 U.S.C. 509 to assist in intervening in and reclaiming the lives of at-risk youth in the state and to produce graduates of the program with the values, skills, education, and self-discipline necessary to succeed as adults.

History. (§ 15 ch 64 SLA 1959; am E.O. No. 58, § 21 (1984); am § 12 ch 95 SLA 1989; am § 2 ch 6 SLA 1992; am § 95 ch 21 SLA 1995; am § 1 ch 71 SLA 2013; am § 2 ch 72 SLA 2013; am § 8 ch 55 SLA 2016)

Cross references. —

For the Military Code of Alaska, see AS 26.05.

Effect of amendments. —

The first 2013 amendment, effective October 8, 2013, added (a)(4).

The second 2013 amendment, effective January 1, 2014, added (c).

The 2016 amendment, effective August 7, 2016, in (a)(1), substituted “AS 26.05” for “the military code”; in (a)(2), substituted “Alaska” for “Alaskan”. Although the 2016 amendment was to have taken effect July 1, 2016, under § 13, ch. 55, SLA 2016, the governor did not sign the bill until August 6, 2016, and so the actual effective date of the 2016 amendment was August 7, 2016, under AS 01.10.070(d) .

Collateral references. —

53 Am. Jur. 2d, Military and Civil Defense, §§ 1 et seq., 17, 19, 21, 23, 25 to 41.

Sec. 44.35.030. Construction of memorials to Alaska veterans.

The Department of Military and Veterans’ Affairs may construct memorials to Alaska veterans. A memorial constructed under this section is not subject to AS 35.15 or AS 35.27.

History. (§ 1 ch 30 SLA 1981; am E.O. No. 58, § 22 (1984))

Cross references. —

For maintenance of veterans’ memorials in state parks, see AS 41.21.020(a)(12) .

Sec. 44.35.035. Alaska veterans’ cemeteries.

The department may, subject to the requirements of 38 U.S.C. 2408, establish and maintain Alaska veterans’ cemeteries in the state to serve state veterans and spouses and eligible dependents of state veterans.
The department may accept gifts, donations, and grants, including land, under AS 26.10.030 for the purpose of establishing and maintaining Alaska veterans’ cemeteries. Land received by the department for an Alaska veterans’ cemetery shall be owned by the state.
The department shall, in consultation with the Alaska Veterans’ Advisory Council,
1. receive the plot or interment allowance on behalf of the state under 38 U.S.C. 2303;
2. comply with all requirements for a state veterans’ cemetery grant established by the United States Department of Veterans Affairs under 38 U.S.C. 2408; and
3. apply to the United States Department of Veterans Affairs for state veterans’ cemetery grants under 38 U.S.C. 2408.
The department may
1. adopt regulations necessary to administer Alaska veterans’ cemeteries;
2. enter into agreements with political subdivisions of the state and other persons for the maintenance and operation of Alaska veterans’ cemeteries; and
3. solicit gifts, donations, and grants in addition to a state veterans’ cemetery grant in (c) of this section that may be designated for the establishment and maintenance of an Alaska veterans’ cemetery and received by the department under AS 26.10.030 .
In this section, “department” means the Department of Military and Veterans’ Affairs.

History. (§ 10 ch 21 SLA 2009)

Sec. 44.35.040. Fees for certain training.

The Department of Military and Veterans’ Affairs may adopt regulations establishing reasonable fees for training provided by the department to persons relating to the transportation, storage, or other management of hazardous substances, and establishing procedures for the collection of the fees.

History. (§ 59 ch 36 SLA 1990)

Article 2. Alaska Veterans Advisory Council.

Sec. 44.35.105. Alaska Veterans Advisory Council.

There is created in the Department of Military and Veterans’ Affairs the Alaska Veterans Advisory Council.

History. (§ 1 ch 5 SSSLA 2002)

Sec. 44.35.110. Purpose.

The council shall advise the Department of Military and Veterans’ Affairs and, through the governor, other departments and agencies of the state on matters concerning state veterans, their dependents, and their survivors.

History. (§ 1 ch 5 SSSLA 2002)

Sec. 44.35.120. Duties.

The council shall annually make recommendations to the governor and the Department of Military and Veterans’ Affairs concerning the needs of and benefits for the state’s veterans, for developing public and private partnerships to meet those needs, for providing information regarding veterans’ benefits and services, for improving recognition of state veterans, and on other matters concerning state veterans, their dependents, and their survivors.
The council shall hold meetings and establish committees and internal procedures as necessary and appropriate to carry out its duties. Meetings shall be held quarterly or less frequently as the council determines is appropriate. To the extent possible, the council shall use teleconferencing or other electronic means to minimize the costs of meeting and to maximize public participation.

History. (§ 1 ch 5 SSSLA 2002)

Sec. 44.35.130. Composition.

The council consists of 13 members who are appointed by and serve at the pleasure of the governor. The council shall include one or more persons from a veterans organization, one or more persons from a state agency that manages programs affecting veterans, and one or more persons from the general public who are familiar with veterans’ issues.
Members of the council who are not state officers or employees are appointed for staggered three-year terms and serve until a successor is appointed. A member appointed to fill a vacancy on the council serves for the remainder of the unexpired term of the member whose vacancy is being filled.
The council shall elect a chair from among its members who are not state officers or employees.

History. (§ 1 ch 5 SSSLA 2002)

Sec. 44.35.140. Compensation, per diem, and expenses.

Members of the council receive no salary as council members. Members of the council who are not state officers or employees are entitled to per diem and travel expenses authorized by law for other boards and commissions.

History. (§ 1 ch 5 SSSLA 2002)

Article 3. General Provisions.

Sec. 44.35.900. Definition.

In this chapter, “veteran” includes a person who served in the Alaska Territorial Guard.

History. (§ 19 ch 93 SLA 1991)

Revisor’s notes. —

Formerly AS 44.35.100. Renumbered in 2002.

Chapter 37. Department of Natural Resources.

Administrative Code. —

For fees for department services, see 11 AAC 05.

For document recording and filing, see 11 AAC 06.

Article 1. Department Functions.

Sec. 44.37.010. Commissioner of natural resources.

The principal executive officer of the Department of Natural Resources is the commissioner of natural resources.

History. (§ 16 ch 64 SLA 1959; am § 7 ch 186 SLA 1960)

Notes to Decisions

Cited in

Standard Alaska Prod. Co. v. Schaible, 874 F.2d 624 (9th Cir. Alaska 1989).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 1 et seq.

38 Am. Jur. 2d, Gas and Oil, § 287

53 Am. Jur. 2d, Mines and Minerals, §§ 31, 32

63C Am. Jur. 2d, Public Funds, § 1 et seq.

63C Am. Jur. 2d, Public Officers and Employees, § 8.

58 C.J.S., Mines and Minerals, § 18 et seq.

73 C.J.S., Public Administrative Law and Procedure, §§ 10-24, 46-70.

Sec. 44.37.011. Additional procedures for administrative appeals and petitions for reconsideration to the commissioner of natural resources.

This section applies to administrative appeals or petitions for reconsideration of a decision in an administrative appeal to the commissioner of natural resources, except for those administrative appeals or petitions done under AS 38.35 or AS 43.82. If a conflict occurs between this section and other state law existing at the time of enactment of this section, the provisions of this section control.
If a person is aggrieved by a decision of the Department of Natural Resources not made by the commissioner and is otherwise eligible to seek the commissioner’s review of the decision, the person may appeal to the commissioner. The person may not file a petition for reconsideration of the commissioner’s decision on the appeal. The commissioner’s decision on the administrative appeal is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
If a person is aggrieved by a decision of the department made by the commissioner and is otherwise eligible to seek the commissioner’s review of the decision, the person may not appeal that decision to the commissioner; however, the person may petition the commissioner for reconsideration of the commissioner’s decision. The commissioner’s decision made upon reconsideration or the commissioner’s failure to act on the petition for reconsideration is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
If a person has a right to petition for reconsideration under AS 44.62.540 or this section, the person has a total of 20 days, including the time available under AS 44.62.540 , in which to file a petition for reconsideration with the commissioner.
The department may adopt regulations to implement and interpret this section.

History. (§ 3 ch 118 SLA 2000)

Administrative Code. —

For appeals, see 11 AAC 2.

For park uses, see 11 AAC 18, art. 1.

For preserve activities; management, see 11 AAC 21, art. 2.

For tide and submerged lands, see 11 AAC 62.

For shore fisheries leasing, see 11 AAC 64.

For personal use cabin permits, see 11 AAC 65.

For exploration licensing, see 11 AAC 82, art. 9.

For mining production royalty, see 11 AAC 86, art. 9.

For practice and procedure, see 11 AAC 88.

For appeals, see 11 AAC 93, art. 7.

For critical water management areas, see 11 AAC 93, art. 9.

Editor’s notes. —

Section 5, ch. 118, SLA 2000 provides that this section “applies to an administrative appeal first filed with the Department of Natural resources on or after June 7, 2000”.

Notes to Decisions

Due process. —

Applicant for a permit to mine a mineral deposit received procedural due process because the administrative hearing was appropriate given the limited number of questions of fact the hearing was intended to resolve and the applicant did not show prejudice. Moreover, the applicant expressly chose to proceed before a communications file of the State of Alaska, Department of Natural Resources, was released and failed to adequately demonstrate how the late release of documents prejudiced it. McGlinchy v. State, 354 P.3d 1025 (Alaska 2015).

Standing. —

Company had an interest in the production of hydrocarbons from beneath its lease, and the decision of the Department of Natural Resources (DNR) to exclude that acreage resulted in lost revenue to the company, adversely affecting its financial interests; this alleged injury was sufficient to satisfy the statutory requirement that the company be aggrieved by DNR's decision, and thus the company had standing to appeal DNR's decision to the commissioner. PLC, LLC v. State, 484 P.3d 572 (Alaska 2021).

Sec. 44.37.020. Duties of department with respect to natural resources.

The Department of Natural Resources shall administer the state program for the conservation and development of natural resources, including forests, parks, and recreational areas, land, water, agriculture, soil conservation, and minerals including petroleum and natural gas, but excluding commercial fisheries, sport fish, game, and fur-bearing animals in their natural state.
The Department of Natural Resources shall administer and maintain a recording system established under the laws of this state.
The Department of Natural Resources in coordination with the Department of Environmental Conservation may take actions necessary to administer and enforce any dredge and fill permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act), including the adoption of regulations under AS 44.62 (Administrative Procedure Act).

History. (§ 16 ch 64 SLA 1959; am § 7 ch 186 SLA 1960; am E.O. No. 47, § 2 (1980); am § 2 ch 12 SLA 2013)

Cross references. —

For findings related to (c) of this section, see sec. 1, ch. 12, SLA 2013 in the 2013 Temporary and Special Acts.

For duties of the department and the Department of Environmental Conservation relating to assuming primacy of the dredge and fill permitting program allowed under 33 U.S.C. 1344 (sec. 404, Clean Water Act), see AS 46.03.020 and sec. 4, ch. 12, SLA 2013 in the 2013 Temporary and Special Acts.

Administrative Code. —

For fees for department services, see 11 AAC 5.

Effect of amendments. —

The 2013 amendment, effective May 22, 2013, added (c).

Legislative history reports. —

For governor’s transmittal letter for ch. 12, SLA 2013 (SB 27), see 2013 Senate Journal 60 — 61.

Notes to Decisions

Applied in

Caywood v. State, 288 P.3d 745 (Alaska 2012).

Sec. 44.37.025. Recording.

The Department of Natural Resources shall adopt regulations establishing, modifying, or discontinuing recording districts or precincts and prescribing the records to be maintained and the instruments to be recorded, consistent with AS 40.17. A regulation may not impose a restriction on document recording unless the restriction is required by statute or furthers a legitimate administrative need of the recorder; a “legitimate administrative need” includes ensuring the legibility of the documents and identifying the parties, the capacity of each party, and the affected property.
The department shall prescribe by regulation and account for recording fees and do all other things necessary to maintain the recording systems established under the laws of this state. For a document that is to be recorded for multiple purposes, the department may collect the applicable recording fee for each of the multiple purposes.
The department, with the concurrence of the administrative director of the Alaska Court System, may appoint judicial employees to perform services in connection with recording, providing access to, and copying documents in locations where the department has not otherwise designated a public office to perform those functions.
[Repealed, § 14 ch 119 SLA 1996.]
In addition to the recording system established under AS 40.17, the commissioner of natural resources may by regulation establish a system for recording and filing documents to enable members of the public to safeguard documents. Recording or filing a document in the system established under this subsection does not provide constructive notice for any purpose.
Under AS 37.05.146(c) , fees for services of the Department of Natural Resources for recording and related services under this section shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.

History. (E.O. No. 47, § 3 (1980); am § 64 ch 21 SLA 1985; am § 73 ch 138 SLA 1986; am § 3 ch 83 SLA 1988; am §§ 40, 41 ch 161 SLA 1988; am § 18 ch 90 SLA 1991; am § 29 ch 2 FSSLA 1992; am §§ 9, 14 ch 119 SLA 1996; am § 3 ch 51 SLA 2001; am § 44 ch 8 SLA 2011)

Revisor’s notes. —

In 2002, in subsection (f), “AS 37.05.146(c) ” was substituted for “AS 37.05.146 (b)” to reflect the 2002 renumbering of AS 37.05.146 .

Administrative Code. —

For fees for department services, see 11 AAC 5.

For document recording and filing, see 11 AAC 6.

Effect of amendments. —

The 2011 amendment, effective May 10, 2011, substituted “the Alaska Court System” for “courts” in (c).

Sec. 44.37.027. Uniform commercial code filing.

History. (§ 10 ch 119 SLA 1996; am § 2 ch 113 SLA 2000; am § 4 ch 51 SLA 2001; am § 3 ch 76 SLA 2008)

Revisor’s notes. —

In 2000, “AS 45.29” was substituted for “AS 45.09” in accordance with § 35, ch. 113, SLA 2000.

In 2002, in subsection (f), “AS 37.05.146(c) ” was substituted for “AS 37.05.146 (b)” to reflect the 2002 renumbering of AS 37.05.146 .

In 2003, in subsection (d), “AS 44.37.010 — 44.37.050 ” was substituted for “this chapter” to reflect the 2003 addition of AS 44.37.065 — 44.37.069 .

Administrative Code. —

For fees for department services, see 11 AAC 5.

For document recording and filing, see 11 AAC 6.

Effect of amendments. —

The 2008 amendment, effective July 1, 2008, added “and regulations authorizing the forms to be used under AS 45.29.516(b)(8) ” to subsection (b).

Sec. 44.37.030. Duties of department with respect to agriculture.

The Department of Natural Resources shall
1. obtain and publish information electronically and in print on subjects connected with agriculture, including community seed libraries established under AS 03.20.120 ;
2. control and regulate the entry and transportation of seeds, plants, and other horticultural products;
3. control and eradicate the spread of pests injurious to plants, trees, vegetables, livestock, and poultry;
4. aid in developing used and unused agricultural resources; and
5. experiment and determine practical methods of growing, processing, soil analysis, eradication of obnoxious weeds, control of insects, and cheaper and more satisfactory methods of land clearing.
The Department of Natural Resources may
1. advise persons who establish or operate a community seed library under AS 03.20.120 ; and
2. post on the department’s Internet website and annually update the following:
  1. information about noncommercial giving or exchanging of seed, including information about community seed libraries established under AS 03.20.120 , community seed library locations, community seed library facilitators, and best practices for noncommercial giving or exchanging of seed;
  2. an online registration form for a person involved in noncommercial giving or exchanging of seed to submit to the department for publication, without a fee, information under AS 03.20.140 ;
  3. information provided for publication under (B) of this paragraph.

History. (§ 33-1-1 ACLA 1949; am §§ 6, 7 ch 87 SLA 2018)

Administrative Code. —

For seed regulations, see 11 AAC 34, art. 1.

For pest control, see 11 AAC 34, art. 2.

For birds, see 11 AAC 34, art. 3.

The 2018 amendment, effective August 18, 2018, in (a), rewrote (1), which read, “get and distribute information on subjects connected with agriculture”, and made a stylistic change in (3); added (b).

Sec. 44.37.040. Duties of department with respect to historic preservation and archeology.

The Department of Natural Resources shall

sponsor, engage in, and direct fundamental research into the archeology of the state and encourage and coordinate archeological research and investigation undertaken in the state;
cooperate with the Alaska Historical Commission in performing their functions under AS 41.35;
ensure that historic, prehistoric, and archeological resources are properly reported by persons or agencies engaged in public construction work, and protect sites and objects of significance discovered at state sites or discovered during the course of public construction, and encourage the protection of sites and objects discovered during the course of any other construction work;
investigate reported historic, prehistoric, or archeological resources and appraise them for any future excavation, preservation, and interpretation;
serve as a central clearinghouse for information on all historic, prehistoric, and archeological resource excavation in the state.

History. (§ 9 ch 112 SLA 1974; am E.O. No. 83 § 16 (1993))

Sec. 44.37.050. Duties of department with respect to management of mental health trust land.

To carry out its duties under AS 38.05.801 , the Department of Natural Resources shall establish a separate unit with responsibility for management of the mental health trust land.
The employees of the unit established under this section are in the exempt service under AS 39.25.110 .

History. (§ 22 ch 5 FSSLA 1994; am § 2 ch 27 SLA 2002)

Notes to Decisions

Litigation over management of trust lands. —

Settlement of class action concerning lands granted to Alaska under the Alaska Mental Health Enabling Act reconstituted the trust with land and cash, and established institutional mechanisms to protect the trust and improve mental health programs. The agreement was a fair, adequate, and reasonable settlement of the litigation. Weiss v. State, 939 P.2d 380 (Alaska), cert. denied, 522 U.S. 948, 118 S. Ct. 366, 139 L. Ed. 2d 285 (U.S. 1997).

Quoted in

West v. Alaska Mental Health Trust Auth., 467 P.3d 1064 (Alaska 2020).

Secs. 44.37.055, 44.37.060. Deputy commissioner; certain powers and duties of the deputy commissioner. [Repealed § 38, E.O. 114 (2008).]

Article 2. Alaska Seismic Hazards Safety Commission.

Sec. 44.37.065. Commission established; membership.

The Alaska Seismic Hazards Safety Commission is established in the Department of Natural Resources. The Department of Natural Resources shall provide staff support to the commission.
The commission is composed of 11 members appointed by the governor for terms of three years. A vacancy is filled for the unexpired term.
The governor shall appoint to the commission
1. a representative from the University of Alaska;
2. three representatives, each from a local government in a separate seismically active region of the state;
3. a representative from the Department of Natural Resources;
4. a representative from the Department of Military and Veterans’ Affairs;
5. a representative from an appropriate federal agency;
6. a representative of the insurance industry; and
7. three members from members of the public who are expert in the fields of geology, seismology, hydrology, geotechnical engineering, structural engineering, emergency services, or planning.
The commission shall elect annually from its members a chair and vice-chair. A majority of the commission may vote to replace an officer of the commission.
Six members constitute a quorum.
Members of the Alaska Seismic Hazards Safety Commission serve without compensation but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 .

History. (E.O. No. 105, § 2 (2003); am §§ 1, 2 ch 71 SLA 2006)

Sec. 44.37.067. Powers and duties.

The commission shall
1. recommend goals and priorities for seismic hazard mitigation to the public and private sectors;
2. recommend policies to the governor and the legislature, including needed research, mapping, and monitoring programs;
3. offer advice on coordinating disaster preparedness and seismic hazard mitigation activities of government at all levels, review the practices for recovery and reconstruction after a major earthquake, and recommend improvements to mitigate losses from similar future events;
4. gather, analyze, and disseminate information of general interest on seismic hazard mitigation;
5. establish and maintain necessary working relationships with other public and private agencies;
6. review predictions and warnings issued by the federal government, research institutions, and other organizations and persons and suggest appropriate responses at the state and local levels; and
7. review proposed seismic hazard notifications and supporting information from state agencies, evaluate possible socioeconomic consequences, recommend that the governor issue formal seismic hazard notifications when appropriate, and advise state and local agencies of appropriate responses.
The commission may
1. advise the governor and the legislature on disaster preparedness and seismic hazard mitigation and on budgets for those activities and may recommend legislation or policies to improve disaster preparedness or seismic hazard mitigation;
2. conduct public hearings;
3. appoint committees from its membership and appoint external advisory committees of ex-officio members; and
4. accept grants, contributions, and appropriations from public agencies, private foundations, and individuals.

History. (E.O. No. 105, § 2 (2003))

Sec. 44.37.069. Definitions.

In AS 44.37.065 — 44.37.069 ,

“commission” means the Alaska Seismic Hazards Safety Commission;
“disaster preparedness” means establishing plans and programs for responding to and distributing funds to alleviate losses from a disaster as defined in AS 26.23.900 ;
“seismic hazard” means an earthquake-induced geologic condition that is a potential danger to life and property; in this paragraph, “geologic condition” includes strong ground shaking, landslide, avalanche, liquefaction, tsunami inundation, fault displacement, and subsidence;
“seismic hazard mitigation” or “mitigation” mean activities that prevent or alleviate the harmful effects of seismic hazards to persons and property, including identification and evaluation of the seismic hazards, assessment of the risks, and implementation of measures to reduce potential losses before a damaging event occurs;
“tsunami” means a large ocean wave produced by an earthquake, landslide, or volcanic eruption.

History. (E.O. No. 105, § 2 (2003); am § 3 ch 71 SLA 2006)

Revisor’s notes. —

In 2006, paragraph (3) was enacted as paragraph (4); renumbered in 2006, at which time former paragraph (3) was renumbered as paragraph (4).

Secs. 44.37.100 — 44.37.180. Northwestern Alaska Development Commission. [Repealed, § 99 ch 59 SLA 1982.]

Sec. 44.37.190. State archeologist and duties. [Repealed, § 10 ch 112 SLA 1974.]

Article 3. Carbon Sequestration.

Secs. 44.37.200 — 44.37.220. Carbon sequestration studies and recommendations; assessment by the commissioner; definitions. [Repealed, § 3 ch 152 SLA 2004.]

Revisor’s notes. —

These sections were enacted conditionally under sec. 6, ch. 152, SLA 2004. The condition was never satisfied and therefore the sections never took effect.

Article 4. Tax Credit Certificates and Overriding Royalties.

Sec. 44.37.230. Duties of the department with respect to purchases of tax credit certificates and overriding royalty interest agreements.

The department shall provide necessary information to and consult with the Department of Revenue to determine whether a discount rate is applicable under AS 43.55.028(m) .
The department may enter into an overriding royalty interest agreement in favor of the state with an applicant that requests a purchase by the Department of Revenue under AS 43.55.028 from money disbursed to the commissioner of revenue from the Alaska Tax Credit Certificate Bond Corporation reserve fund established in AS 37.18.040 of a transferable tax credit certificate issued under AS 43.55.023 or production tax credit certificate issued under AS 43.55.025 . The department may enter into an agreement only if the anticipated net present value from the agreement to the state is equal to or greater than the remainder of the value of the tax credit certificate requested for purchase at the proposed reduced discount rate under AS 43.55.028 (m)(2), subtracted from the value of the tax credit certificate requested for purchase in the absence of the agreement.
An applicant requesting a reduced discount rate under AS 43.55.028(m)(2) shall submit a proposed agreement to the department. The proposed agreement must include
1. a description of the lease or leases in which the applicant holds a working interest that are subject to the proposed agreement;
2. the overriding royalty interest in oil produced from the lease or leases offered to the state under the proposed agreement expressed as a percentage of the total oil produced from the lease or leases; a percentage proposed under this paragraph may not exceed the working interest of the applicant.
The monthly payment to the state under an agreement is calculated by multiplying the prevailing value of the monthly oil production from the lease or leases subject to the agreement by the product of the total monthly volume of oil production from the lease or leases subject to the agreement and the percent of total oil production offered to the state under the agreement. A deduction may not be applied to a payment calculated under this subsection. The Department of Revenue shall determine and post on its Internet website the prevailing value of the oil under AS 43.55 as provided in regulation.
The amount of an underpayment or overpayment of a monthly payment for a payment in an agreement bears interest in each calendar quarter at the rate of 5.25 percentage points above the annual rate charged to member banks for advances by the 12th Federal Reserve District as of the first day of that calendar quarter, compounded quarterly as of the last day of that quarter.
When evaluating an agreement, the department shall consider
1. the anticipated costs to issue and administer a bond under AS 37.18 if the tax credit certificate is purchased at a reduced discount rate under AS 43.55.028(m)(2) ;
2. the production or projected production from a lease subject to the proposed agreement;
3. the value or projected value of the oil produced from a lease subject to the proposed agreement;
4. the timing for production from a lease subject to the proposed agreement;
5. the likelihood of production from a lease subject to the proposed agreement;
6. the existence of and burdens on other interests on a lease subject to the proposed agreement;
7. cost data or financial information submitted with the proposed agreement; and
8. other information submitted with the proposed agreement.
The department may request from an applicant additional information necessary to make a determination under (f) of this section. Before an agreement may be entered into, an applicant shall provide the information requested by the department under this subsection.
The department may enter into an agreement necessary to carry out the purpose of this section, including an agreement to maintain the confidentiality of information submitted to the department to evaluate an overriding royalty interest agreement.
The department shall separately account for the revenue collected from an agreement that the department deposits in the general fund. The legislature may appropriate the annual estimated balance in the account to the Alaska Tax Credit Certificate Bond Corporation reserve fund established under AS 37.18.040 .
In this section, unless the context requires otherwise,
1. “agreement” means an overriding royalty interest agreement described in this section;
2. “applicant” includes an agent or representative of the applicant;
3. “department” means the Department of Natural Resources.

History. (§ 12 ch 33 SLA 2018)

Cross references. —

For provision relating to the retroactivity of regulations for this section, see sec. 15, ch. 33, SLA 2018 in the 2018 Temporary and Special Acts.

Effective dates. —

Section 17, ch. 33, SLA 2018 makes this section effective June 21, 2018, in accordance with AS 01.10.070(c) .

Legislative history reports. —

For governor's transmittal letter for ch. 33, SLA 2018 (HB 331), which added this section, see 2018 House Journal 2341 — 2343.

Notes to Decisions

Cited in

Forrer v. State, 471 P.3d 569 (Alaska 2020).

Chapter 39. Department of Fish and Game.

Sec. 44.39.010. Commissioner of fish and game.

The principal executive officer of the Department of Fish and Game is the commissioner of fish and game.

History. (§ 17 ch 64 SLA 1959)

Collateral references. —

4 Am. Jur. 2d, Animals, §§ 11-15

35A Am. Jur. 2d, Fish, Game and Wildlife Conservation, § 1 et seq.

36A C.J.S., Fish, § 1

38 C.J.S., Game Conservation and Preservation of Wildlife, § 1.

Sec. 44.39.020. Duties of department.

The Department of Fish and Game shall administer the state program for the conservation and development of the state’s commercial fisheries, sport fish, birds, game, and fur-bearing animals. The Department of Fish and Game shall issue fish and game licenses, collect fish and game license revenue, and do all other acts incidental to the performance of these functions.

History. (§ 17 ch 64 SLA 1959; am E.O. No. 73 § 14 (1989))

Sec. 44.39.030. Appointment of commissioner.

The governor shall appoint the commissioner of fish and game from a list of qualified persons nominated by the Board of Fisheries and the Board of Game meeting in joint session, subject to the right of the governor to request additional nominations. The appointment shall be confirmed by a majority of the members of the legislature in joint session. The commissioner of fish and game serves at the pleasure of the governor and may not be appointed for a fixed term.

History. (§ 17 ch 64 SLA 1959; am § 37 ch 206 SLA 1975; am § 3 ch 14 SLA 1996)

Sec. 44.39.040. Vacancy.

If a vacancy occurs in the office of the commissioner of fish and game, the governor shall appoint a successor for the unexpired term in the manner provided for the regular appointment.

History. (§ 17 ch 64 SLA 1959)

Sec. 44.39.050. Removal of commissioner.

The Board of Fisheries or the Board of Game may submit a resolution to the governor requesting the removal of the commissioner. The resolution shall set out the grounds for the request and the governor shall give the commissioner and both boards an opportunity to be heard. The final decision to remove or retain the commissioner shall be made by the governor. The governor may also remove the commissioner without being requested to do so by a board.

History. (§ 17 ch 64 SLA 1959; am § 38 ch 206 SLA 1975; am § 4 ch 14 SLA 1996)

Chapter 41. Department of Public Safety.

Sec. 44.41.010. Commissioner of public safety.

The principal executive officer of the Department of Public Safety is the commissioner of public safety.

History. (§ 18 ch 64 SLA 1959)

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 1 et seq

63C Am. Jur. 2d, Public Funds, § 1 et seq.

63C Am. Jur. 2d, Public Officers and Employees, § 8

64 Am. Jur. 2d, Public Utilities, § 1 et seq.

72 Am. Jur. 2d, States, Territories and Dependencies, § 64.

81A C.J.S., States, § 252.

Sec. 44.41.020. Powers and duties of department.

The Department of Public Safety shall administer functions relative to the protection of life and property, including functions relating to transfer of a firearm. The department may enter into agreements with nonprofit organizations and federal and local government agencies to train personnel of those agencies in the protection of life and property. The department may charge a reasonable fee for services provided under a training agreement or for services relating to transfer of a firearm.
The department may enter into agreements with federal and local government agencies to provide a statewide criminal justice information system. Reasonable fees may be charged by the department to cover the costs of providing services under these agreements, including maintenance of terminal hardware and network connect charges.
The department shall establish, and may require state and local law enforcement agencies to use, standardized methods of collecting and recording law enforcement and crime statistics.
The Department of Public Safety may operate state housing in support of the department’s statutory responsibilities and charge rent consistent with applicable collective bargaining agreements, or, if no collective bargaining agreement is applicable, competitive with market conditions.
[Repealed, § 8 ch 55 SLA 2012]
The Department of Public Safety shall establish by regulation standardized forms for citations issued by law enforcement officers and other persons authorized by law to issue citations in the state.
The Department of Public Safety shall manage and administer the peace officer and firefighter survivors fund established in AS 39.60.010 in cooperation with the Department of Administration. The Department of Public Safety shall establish standardized procedures and forms for use in administering the peace officer and firefighter survivors fund.
The Department of Public Safety shall provide administrative services to the Violent Crimes Compensation Board.

History. (§ 18 ch 64 SLA 1959; am §§ 74, 75 ch 138 SLA 1986; am § 1 ch 66 SLA 1989; am § 60 ch 36 SLA 1990; am §§ 19, 20 ch 90 SLA 1991; am § 2 ch 1 SSSLA 1999; am E.O. No. 110, § 7 (2003); am § 49 ch 29 SLA 2010; am § 8 ch 55 SLA 2012; am § 6 ch 14 SLA 2017; am E.O. No 120, § 2 (2021))

Administrative Code. —

For scope and purpose of the repository, see 13 AAC 68, art. 1.

Effect of amendments. —

The 2010 amendment, effective July 1, 2010, added (f).

The 2012 amendment, effective July 1, 2012, repealed (e).

The 2017 amendment, effective July 1, 2017, added (g).

The 2021 amendment, effective March 12, 2021, added (h).

Notes to Decisions

State troopers are employees of the Department of Public Safety. Lee v. State, 490 P.2d 1206 (Alaska 1971), overruled, Munroe v. City Council for Anchorage, 545 P.2d 165 (Alaska 1976), overruled on other grounds sub nom. Munroe v. City Council ex rel. City of Anchorage, 545 P.2d 165 (Alaska 1976), modified, 547 P.2d 839 (Alaska 1976), overruled, La Moureaux v. Totem Ocean Trailer Express, 651 P.2d 839 (Alaska 1982).

And are not shielded by AS 09.65.090 from liability for ordinary negligence. —

The Good Samaritan Statute, AS 09.65.090 , does not shield a police officer from liability for ordinary negligence. Lee v. State, 490 P.2d 1206 (Alaska 1971), overruled, Munroe v. City Council for Anchorage, 545 P.2d 165 (Alaska 1976), overruled on other grounds sub nom. Munroe v. City Council ex rel. City of Anchorage, 545 P.2d 165 (Alaska 1976), modified, 547 P.2d 839 (Alaska 1976), overruled, La Moureaux v. Totem Ocean Trailer Express, 651 P.2d 839 (Alaska 1982).

Search and rescue operations. —

This section and AS 18.60.120 together authorize the State of Alaska to conduct search and rescue operations, but they do not impose a mandatory duty that would be enforceable in the abstract regardless of the circumstances in a given situation; hence, discretionary function immunity applied to bar a family’s wrongful death action against the State of Alaska and the State Department of Public Safety for the failure to conduct a speedy search of relatives who froze to death after their car broke down because the decision of when to begin the search involved policy considerations such as the allocation of limited resources and a risk analysis of the mission. Kiokun v. State, 74 P.3d 209 (Alaska 2003).

Cited in

Earth Movers v. State, 691 P.2d 281 (Alaska 1984).

Sec. 44.41.021. Grant authority.

The Department of Public Safety may award grants necessary or incidental to the performance of the duties and execution of the powers of the division of fire prevention.

History. (§ 2 ch 81 SLA 1988; am E.O. No. 101 § 4 (2000))

Sec. 44.41.025. Fingerprints.

The Department of Public Safety may maintain an automated fingerprint system.
The commissioner of public safety may establish by regulation and the Department of Public Safety may charge a reasonable fee to be paid by a person requesting information from the Alaska automated fingerprint system and by a person submitting fingerprints under (d) of this section.
The department may enter into the Alaska automated fingerprint identification system the fingerprints of a minor whose fingerprints are taken under AS 47.12.210 .
Each of the following may submit a complete set of fingerprints of the person designated for inclusion in the Alaska automated fingerprint system:
1. a person may submit the person’s own fingerprints;
2. the parent or guardian of a minor who is two years of age or older may submit the minor’s fingerprints; and
3. the guardian or conservator of a person under AS 13.26 may submit the fingerprints of the person protected by the guardian or conservator.
The commissioner may maintain the fingerprint sets of minors who are under 14 years of age submitted under (d)(2) of this section in a file separate from the general file for all other fingerprints maintained under (a) of this section.
Upon request by a person who is 18 years of age or older, the commissioner shall remove from the records of the Alaska automated fingerprint system the complete set of the person’s fingerprints submitted by the parent or guardian of the person under (d)(2) of this section. The regulations must establish a procedure for the submission of a request under this subsection and for notification that the fingerprint set has been removed from the records in response to the request.

History. (§ 76 ch 138 SLA 1986; am §§ 1, 2 ch 121 SLA 1988; am § 21 ch 90 SLA 1991; am § 12 ch 59 SLA 1996)

Administrative Code. —

For scope and purpose of the repository, see 13 AAC 68, art. 1.

For reporting information to the repository, see 13 AAC 68, art. 2.

For central repository of criminal justice information, see 13 AAC 68, art. 6.

Sec. 44.41.030. Report to division of personnel. [Repealed, § 35 ch 126 SLA 1994.]

Sec. 44.41.035. DNA identification system.

To support criminal justice services in this state, the Department of Public Safety shall establish a deoxyribonucleic acid (DNA) identification registration system.
The Department of Public Safety shall collect for inclusion into the DNA identification registration system a blood sample, oral sample, or both, from (1) a person convicted in this state of a crime against a person or a felony under AS 11, AS 26.05, or AS 28.35, or a law or ordinance with elements similar to a crime against a person or a felony under AS 11, AS 26.05, or AS 28.35, (2) a minor adjudicated as a delinquent in this state for an act committed when the minor was 16 years of age or older that would be a crime against a person or a felony under AS 11, AS 26.05, or AS 28.35 if committed by an adult, or for an act that would violate a law or ordinance with elements similar to a crime against a person or a felony under AS 11, AS 26.05, or AS 28.35 if committed by an adult, (3) a voluntary donor, (4) an anonymous DNA donor for use in forensic validation, forensic protocol development, quality control, or population or statistical data bases, (5) a person required to register as a sex offender or child kidnapper under AS 12.63, and (6) a person arrested for a crime against a person or a felony under AS 11, AS 26.05, or AS 28.35, or a law or ordinance with elements similar to a crime against a person or a felony under AS 11, AS 26.05, or AS 28.35. The department also may collect for inclusion into the DNA identification registration system a blood sample, oral sample, or tissue sample from crime scene evidence or from unidentified human remains. The DNA identification registration system consists of the blood, oral, or tissue samples drawn under this section, any DNA or other blood grouping tests done on those samples, and the identification data related to the samples or tests. Blood samples, oral samples, and tissue samples not subject to testing under this section, and test or identification data related to those samples, may not be entered into, or made a part of, the DNA identification registration system.
The Department of Public Safety may
1. analyze DNA for law enforcement agencies; and
2. assist law enforcement officials and prosecutors in the preparation and use of DNA evidence for presentation in court.
Except as provided in (e) of this section, a local law enforcement agency may not establish or operate a DNA identification registration system unless
1. the equipment and the DNA typing method of the local system are compatible with that of the state system under (a) of this section;
2. the local system is equipped to receive and answer inquiries from the department’s DNA identification registration system and transmit data to the department’s DNA identification registration system; and
3. procedure and rules for the collection, analysis, storage, expungement, and use of DNA identification data do not conflict with this section and procedures and rules applicable to the department’s DNA identification registration system.
Nothing in (d) of this section prohibits a local law enforcement agency from performing DNA identification analysis in individual cases to assist law enforcement officials and prosecutors in the preparation and use of DNA evidence for presentation in court.
The DNA identification registration system is confidential, is not a public record under AS 40.25.110 — 40.25.140 , and may be used only for
1. providing DNA or other blood grouping tests for identification analysis;
2. criminal investigations, prosecutions, and identification of human remains;
3. statistical blind analysis;
4. improving the operation of the system; or
5. exoneration of the innocent.
A person or minor from whom a sample has been collected under this section
1. may inspect and obtain a copy of the identification data regarding the person or minor contained within the DNA identification registration system; and
2. may request the Department of Public Safety to destroy the material in the system regarding the person or minor under the provisions described in (i) of this section.
The Department of Public Safety shall adopt reasonable procedures
1. for the collection, analysis, storage, expungement, and use of the DNA identification registration system; and
2. to protect the DNA identification registration system established under this section from unauthorized access and from accidental or deliberate damage by theft, sabotage, fire, flood, wind, or power failure.
The Department of Public Safety shall destroy the material in the system relating to a person or minor on the written request of the person or minor, if the request is accompanied by a certified copy of a court order making the written findings required by this subsection. The court shall issue an order under this subsection if the person’s or minor’s DNA was included in the system under
1. (b)(1) or (2) of this section, and the court order establishes that
  1. the conviction or adjudication that subjected the person to having a sample taken under this section was reversed; and
  2. the person
    1. was not retried, readjudicated, or convicted or adjudicated for another crime that requires having a sample taken under this section; or
    2. after retrial, was acquitted of the crime or, after readjudication for the crime, was not found to be a delinquent, and was not convicted or adjudicated for another crime that requires a sample under this section;
2. (b)(6) of this section, and the court order establishes that
  1. the person arrested was released without being charged;
  2. the criminal complaint, indictment, presentment, or information for the offense for which the person was arrested was dismissed, and a criminal complaint, indictment, presentment, or information for an offense requiring submission of a DNA sample was not refiled; or
  3. the person was found by the trier of fact to be not guilty of the offense for which the person was arrested and was not convicted of another offense requiring submission of a DNA sample under (b)(1) or (2) of this section.
The Department of Public Safety may adopt regulations to carry out the purposes of this section.
The provisions of this section apply to a person or a minor from another state that this state has accepted under any interstate corrections or probation agreement or compact, regardless of whether the person or minor is confined or released, if the person was convicted of or the minor was adjudicated for an offense that is similar to an offense described in (b) of this section.
The Department of Public Safety may not include in the DNA identification registration system a blood sample, oral sample, or tissue sample of the victim of a crime, unless that person would otherwise be included under (b)(1) — (6) of this section.
The commissioner of public safety shall notify the president of the senate and the speaker of the house of representatives if, at any time after July 1, 2003, the federal government fails to pay the costs of the DNA identification registration system.
A juvenile or adult correctional, probation, or parole officer or a peace officer may use reasonable force to collect an oral sample for inclusion into the DNA identification registration system from a person required to submit to collection of a sample under this section, AS 12.55.015(h) , 12.55.100(d) , AS 33.16.150(a) , or another law.
A person or minor may not bring a civil action against the state or a municipality, or their employees or agents, for actions arising out of DNA collection in conformity with this section.
The department shall make every reasonable effort to process each sample collected from a person under (b)(1), (b)(2), (b)(5), and (b)(6) of this section and include the identification data resulting from the testing of the sample in the DNA identification registration system within 90 days after receiving the sample.
A DNA sample collected or placed in the DNA identification registration system that was taken or retained in good faith may be used as provided by law in a criminal investigation. Evidence obtained from a match from a data collection system may be used in a criminal prosecution or juvenile adjudication if the DNA sample was taken or retained in good faith, even if the DNA sample is later removed from the DNA identification registration system.
If a sample collected under (b) of this section does not contain sufficient material necessary to obtain an accurate DNA identification authorized under this section, the Department of Public Safety or other agency authorized by the Department of Public Safety may collect another sample.
In this section,
1. “convicted” means that an adult, or a juvenile charged as an adult under AS 47.12 or a similar procedure in another jurisdiction, has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty, or guilty but mentally ill, by a court or jury, regardless of whether the judgment was set aside under AS 12.55.085 or a similar procedure in another jurisdiction or was the subject of a pardon or other executive clemency; a person is not “convicted” if the judgment against the person was reversed or vacated by a court;
2. “crime against a person” means an offense, or an attempt or solicitation to commit an offense, under AS 11.41;
3. “oral sample” means a sample taken from the mouth of a person that consists of saliva or tissue, or both, as is determined by the Department of Public Safety to be necessary to obtain an accurate DNA identification and to otherwise achieve the purposes of this section.

History. (§ 2 ch 10 SLA 1995; am § 5 ch 44 SLA 2000; am § 1 ch 49 SLA 2001; am §§ 5 — 11, 14 ch 88 SLA 2003; am §§ 1, 2 ch 12 SLA 2005; am §§ 32 — 35 ch 24 SLA 2007; am §§ 52 — 55 ch 41 SLA 2009; am §§ 8 — 13 ch 20 SLA 2010; am § 40 ch 85 SLA 2018)

Revisor’s notes. —

In 2000, “AS 40.25.110 — 40.25.140 ” was substituted for “AS 09.25.110 — 09.25.140 ” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.140 .

Subsections (j) — ( l ), enacted as (k) — (m), were relettered in 2003, at which time § 14, ch. 88, SLA 2003, was codified as subsection (m), and former subsection (j) was relettered as subsection (n) (now (q)). Within subsection (n) (now (q)), paragraph (1) was added as paragraph (3) and renumbered in 2003 to alphabetize the terms. Subsections (n) and (o) were enacted as (o) and (p). Relettered in 2005, at which time former (n) was relettered as (p).

Subsection (p), enacted as (q), was relettered in 2007, at which time former subsection (p) was relettered as subsection (q).

Subsections (q) and (r) were enacted as (r) and (s); relettered in 2010, at which time subsection (q) was relettered as (s).

Cross references. —

For a statement of legislative purpose relating to the provisions of ch. 88, SLA 2003, that amend this section, see § 1, ch. 88, SLA 2003, in the 2003 Temporary and Special Acts.

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, added “identification” following “DNA” in (b), ( l ), and (n); and effective July 1, 2009, added “DNA” preceding “identification registration program” in (p).

The 2010 amendment, effective July 1, 2010, in (b)(2), deleted “16 years of age or older,” following “a minor”, and added “committed when the minor was 16 years of age or older” following “in this state for an act”; in (g), in the introductory language and in (g)(1), added “or minor” following “person”, added the (g)(1) and (g)(2) designations, added (g)(2); in (i), in the introductory language, deleted “, upon receipt of a court order,” following “Department of Public Safety shall”, in the first sentence, added “or minor on the written request of the person or minor, if the request is accompanied by a certified copy of a court order making the written findings required by this subsection.”, added (i)(2)(C), and made stylistic changes; in (k), twice added “or a minor” following “the person”, and added “or the minor was adjudicated for” following “person was convicted of”; in (o), added “or minor” following “A person”; added (r) (now (q)) and (s) (now (r)).

The 2018 amendment, effective August 14, 2018, in (b), inserted “, AS 26.05,” following “AS 11” throughout the subsection. Although the 2018 amendments were to have taken effect July 1, 2018, under sec. 46, ch. 85, SLA 2018, the governor did not sign the bill until August 13, 2018, and so the actual effective date of the amendments were August 14, 2018, under AS 01.10.070(d) .

Editor’s notes. —

Section 3, ch. 10, SLA 1995 provides that this section “applies to all convictions [for a crime against a person] occurring on or after January 1, 1996.”

Section 2, ch. 49, SLA 2001, provides that the 2001 amendment of (b) of this section “applies to all convictions and adjudications as a delinquent occurring on or after September 23, 2001.”

Under § 12, ch. 88, SLA 2003, the changes made by ch. 88, SLA 2003, apply to all convictions or adjudications of delinquency included under (b) of this section, as amended by that Act, that occur on or after July 1, 2003, or that occurred before July 1, 2003, if the person is incarcerated or is under supervised probation or parole for the offense on or after July 1, 2003, and to all persons required to register as a sex offender or child kidnapper under AS 12.63 before, on, or after July 1, 2003.

Section 3, ch. 12, SLA 2005, provides that the 2005 amendment of subsection (b) and the 2005 additions of subsections (n) and (o) “apply to all convictions or adjudications of delinquency included under (b) of this section, as amended by sec. 1 of this Act, that

“(1) occur on or after May 6, 2005;

“(2) occurred before May 6, 2005 if the person is incarcerated or is on probation or parole for the offense on or after May 6, 2005.”

Notes to Decisions

Equal protection clause not violated. —

Earlier version of this section, which only required DNA samples from those convicted of felonies against a person, while at the same time not requiring DNA samples from people convicted of other equally serious felonies, did not violate the equal protection clause. Nason v. State, 102 P.3d 962 (Alaska Ct. App. 2004).

Constitutionality of DNA collection statute. —

Defendant convicted of first-degree assault, a felony “crime against a person” was required to submit to a cheek-swabbing procedure to preserve a sample of his DNA for inclusion in Alaska’s DNA database. Nason v. State, 102 P.3d 962 (Alaska Ct. App. 2004).

Sec. 44.41.040. Criminal history fee. [Repealed, § 4 ch 118 SLA 1994. For current law, see AS 12.62.]

Sec. 44.41.045. Reports and records concerning involuntary commitment and adjudication of mental illness or mental incompetence.

Upon receiving information under AS 47.30.907 , the Department of Public Safety shall transmit the information to the United States Department of Justice for inclusion in the National Instant Criminal Background Check System established under P.L. 103-159, 107 Stat. 1536 (Brady Handgun Violence Prevention Act).
In transmitting information to the National Instant Criminal Background Check System under (a) of this section, the Department of Public Safety may not disclose diagnostic or treatment information regarding the person.
The Department of Public Safety may not use or permit the use of the information obtained or retained under this section for a purpose not specified in this section, except that the department may use the information to determine whether a person is qualified to receive and hold a permit to carry a concealed handgun under AS 18.65.705 .
Information obtained or retained under this section is confidential and is not a public record.

History. (§ 1 ch 73 SLA 2014)

Effective dates. —

Section 1, ch. 73, SLA 2014, which enacted this article, is effective October 8, 2014.

Sec. 44.41.050. Uniform homicide reporting.

A law enforcement agency shall report each homicide or suspected homicide committed within the jurisdiction of the agency to the Department of Public Safety within 25 days of the homicide’s discovery. The report shall be on a form approved by the commissioner of public safety and must contain information as determined by the commissioner to be necessary to aid law enforcement personnel in comparing homicides and suspected homicides and discovering those that exhibit similar characteristics. If the Department of Public Safety determines that a homicide or suspected homicide meets the Violent Criminals Apprehension Program criteria, the department shall notify the law enforcement agency that submitted the report, and the agency shall complete and forward to the department within 30 days a Federal Bureau of Investigation Violent Criminals Apprehension Program form.
The Department of Public Safety shall enter the information submitted under (a) of this section into a file and shall compare the information to information on other homicides or suspected homicides for the purpose of discovering similarities in criminal methods and suspect descriptions. If the Department of Public Safety finds homicides exhibiting similar criminal methods or suspect descriptions, the department shall notify the concerned law enforcement agencies of the discoveries.
If a law enforcement agency terminates active investigation of a homicide or suspected homicide due to the arrest of a suspect, death of the primary suspect, or other reason, the agency shall notify the Department of Public Safety of the termination and the reason for the termination within 30 days following the termination.
The Department of Public Safety shall participate in the Federal Bureau of Investigation, Violent Criminals Apprehension Program. The Department of Public Safety shall transmit each Violent Criminals Apprehension Program report received under (a) of this section concerning homicides or suspected homicides, discoveries under (b) of this section of homicides exhibiting similar criminal methods or suspect descriptions, and notices of and reasons for termination of investigations of homicides received under (c) of this section to the Federal Bureau of Investigation, Violent Criminals Apprehension Program manager, at least on a quarterly basis.

History. (§ 3 ch 54 SLA 1994)

Sec. 44.41.060. Missing vulnerable adult prompt response and notification plans.

The Department of Public Safety, in cooperation with the Department of Military and Veterans’ Affairs, shall, using statewide and local radio and television broadcasts, newspapers, and other communications media,
1. develop and implement missing vulnerable adult prompt response and notification plans for use by law enforcement agencies, groups, and persons to locate a vulnerable adult who is missing; and
2. coordinate the use of those plans.
The plans required by (a) of this section must at least include standards for
1. determining when and where to implement a plan; standards developed under this paragraph must at least address
  1. when a vulnerable adult will be considered missing; and
  2. the format, contents, and distribution of reports prepared by participating law enforcement agencies and others searching for a missing vulnerable adult; and
2. voluntary participation in the plan by radio and television broadcasters, newspaper publishers, and owners and operators of other communications media.
Notwithstanding another provision of law,
1. a law enforcement agency, an officer or employee of the law enforcement agency, a person, or a group is not civilly liable for
  1. failing to participate in a missing vulnerable adult prompt response and notification plan;
  2. failing to implement a missing vulnerable adult prompt response and notification plan; or
  3. activating a missing vulnerable adult prompt response and notification plan if implementation is undertaken in good faith;
2. a radio or television broadcaster, a newspaper publisher, or an owner or operator of other communications media is not civilly liable for participating in a missing vulnerable adult prompt response and notification plan or for participating in the actual implementation of a plan if the broadcaster, publisher, or owner or operator has verified the authenticity of the plan’s implementation with the law enforcement agency.
In this section, “vulnerable adult” means a person 18 years of age or older who, because of physical or mental impairment, is unable to meet the person’s own needs or to seek help without assistance.

History. (§ 2 ch 71 SLA 2013)

Effective dates. —

Section 2, ch. 71, SLA 2013, which enacted this section, is effective October 8, 2013.

Sec. 44.41.065. Sexual assault examination kits.

When a law enforcement agency collects a sexual assault examination kit under AS 18.68.010 , the agency shall
1. within 30 days after the agency collects the sexual assault examination kit, send the sexual assault examination kit to an accredited laboratory in coordination with the Department of Public Safety or a laboratory operated by the Department of Public Safety;
2. ensure that the laboratory to which the sexual assault examination kit is sent under (1) of this subsection conducts a serological or DNA test on the sexual assault examination kit within one year after the laboratory receives the sexual assault examination kit; and
3. within two weeks after the laboratory that receives the sexual assault examination kit under (1) of this subsection completes serological or DNA testing, make a reasonable effort to notify the victim from whom the sexual assault examination kit was collected that the sexual assault examination kit has been tested.
A criminal action may not be dismissed nor the evidence deemed nonadmissible for failure to be tested within the times established in (a)(1) and (2) of this section.
If a case is resolved before a sexual assault examination kit is tested, a law enforcement agency is not required to meet the time limits established in (a) of this section.
In this section,
1. “law enforcement agency” and “agency” have the meaning given to “law enforcement agency” in AS 12.36.090 ;
2. “victim” has the meaning given in AS 11.41.470 .

History. (§ 126 ch 4 FSSLA 2019)

Effective dates. —

Section 150, ch. 4, FSSLA 2019 made this section effective January 1, 2020.

Sec. 44.41.070. Report on untested sexual assault examination kits.

By September 1 of each year, each law enforcement agency and state department charged with the maintenance, storage, and preservation of sexual assault examination kits shall conduct an inventory of untested sexual assault examination kits and report, in writing, to the Department of Public Safety the number of untested sexual assault examination kits in the possession of the agency or department, the number of sexual assault examination kits that the law enforcement agency or state department has determined are ineligible for testing under (e) of this section, with the reason or reasons the untested sexual assault examination kits were determined to be ineligible for testing, and the date on which each untested sexual assault examination kit was collected.
By November 1 of each year, the Department of Public Safety shall prepare and transmit a report to the president of the senate and the speaker of the house of representatives that contains
1. the number of untested sexual assault examination kits stored by each law enforcement agency or department and the number of sexual assault examination kits that the law enforcement agency or state department has determined are ineligible for testing under (e) of this section, with the reason or reasons the untested sexual assault examination kits were determined to be ineligible for testing;
2. the date each untested sexual assault examination kit was collected; and
3. a plan for addressing the backlog and prevention of a backlog of untested sexual assault examination kits.
The Department of Public Safety shall deliver a copy of the report prepared under (b) of this section to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.
In this section, “untested sexual assault examination kit” means a sexual assault examination kit with evidence that
1. has been collected but that has not been submitted to a laboratory operated or approved by the Department of Public Safety for either a serological or DNA test; or
2. has been collected and submitted to a laboratory operated or approved by the Department of Public Safety but that has not had a serological or DNA test conducted on the evidence.
A sexual assault examination kit is ineligible for testing if the law enforcement agency or state department finds that the sexual assault examination kit
1. is scientifically unviable;
2. does not meet eligibility requirements for inclusion in the Combined DNA Index System database; or
3. was collected from a person who reported a sexual assault anonymously.

History. (§ 6 ch 48 SLA 2018; am §§ 127 — 129 ch 4 FSSLA 2019)

Effect of amendments. —

The 2019 amendment, effective January 1, 2020, in (a), inserted “, the number of sexual assault examination kits that the law enforcement agency or state department has determined are ineligible for testing under (e) of this section, with the reason or reasons the untested sexual assault examination kits were determined to be ineligible for testing,”; in (b)(1), added “and the number of sexual assault examination kits that the law enforcement agency or state department has determined are ineligible for testing under (e) of this section, with the reason or reasons the untested sexual assault examination kites were determined to be ineligible for testing” at the end; and added (e).

Effective dates. —

Section 7, ch. 48, SLA 2018 makes this section effective July 1, 2018.

Secs. 44.41.100 — 44.41.130. Alaska state fire commission. [Repealed, § 21 ch 6 SLA 1993.]

Chapter 42. Department of Transportation and Public Facilities.

Administrative Code. —

For transportation and public facilities, see 17 AAC.

For local control of state public works projects, see 17 AAC 55.

Collateral references. —

39 Am. Jur. 2d, Highways, Streets, and Bridges, § 1 et seq.

39A C.J.S., Highways, § 1 et seq.

Article 1. Department Organization and Functions.

Sec. 44.42.010. Commissioner of transportation and public facilities.

The principal executive officer of the Department of Transportation and Public Facilities is the commissioner of transportation and public facilities.

History. (E.O. No. 39, § 2 (1977))

Sec. 44.42.020. Powers and duties.

The department shall
1. plan, design, construct, and maintain all state modes of transportation and transportation facilities and all docks, floats, breakwaters, buildings, and similar facilities;
2. study existing transportation modes and facilities in the state to determine how they might be improved or whether they should continue to be maintained;
3. study alternative means of improving transportation in the state with regard to the economic costs of each alternative and its environmental and social effects;
4. develop a comprehensive, long-range, intermodal transportation plan for the state;
5. study alternatives to existing modes of transportation in urban areas and develop plans to improve urban transportation;
6. cooperate and coordinate with and enter into agreements with federal, state, and local government agencies and private organizations and persons in exercising its powers and duties;
7. manage, operate, and maintain state transportation facilities and all docks, floats, breakwaters, and buildings, including all state highways, vessels, railroads, pipelines, airports, and aviation facilities;
8. study alternative means of transportation in the state, considering the economic, social, and environmental effects of each alternative;
9. coordinate and develop state and regional transportation systems, considering deletions, additions, and the absence of alterations;
10. develop facility program plans for transportation and state buildings, docks, and breakwaters required to implement the duties set out in this section, including but not limited to functional performance criteria and schedules for completion;
11. supervise and maintain all state automotive and mechanical equipment, aircraft, and vessels, except vessels and aircraft used by the Department of Fish and Game or the Department of Public Safety; for state vehicles maintained by the department, the department shall, every five years, evaluate the cost, efficiency, and commercial availability of alternative fuels for automotive purposes, and the purpose for which the vehicles are intended to be used, and convert vehicles to use alternative fuels or purchase energy efficient vehicles whenever practicable; the department may participate in joint ventures with public or private partners that will foster the availability of alternative fuels for all automotive fuel consumers;
12. supervise aeronautics inside the state, under AS 02.10;
13. implement the safety and financial responsibility requirements for air carriers under AS 02.40;
14. inspect weights and measures;
15. at least every four years, study alternatives available to finance transportation systems in order to provide an adequate level of funding to sustain and improve the state’s transportation system.
The department may
1. engage in experimental projects relating to available or future modes of transportation and any means of improving existing transportation facilities and service;
2. exercise the power of eminent domain, including the declaration of taking as provided in AS 09.55;
3. publish plans, schedules, directories, guides, and manuals for distribution, with or without charge, to private or public entities or persons;
4. operate state housing in support of the department’s statutory responsibilities and charge rent that is consistent with applicable collective bargaining agreements, or, if no collective bargaining agreement is applicable, competitive with market conditions;
5. charge reasonable fees to cover the costs of issuing easements, licenses, and permits and to cover the costs of reproduction, printing, mailing, and distribution of contract and bid documents and design and construction standards manuals;
6. charge and collect fees for training services and technical assistance provided by department personnel.

History. (E.O. No. 39, § 2 (1977); am § 13 ch 168 SLA 1978; am § 12 ch 83 SLA 1980; am E.O. No. 50, § 10 (1981); am § 77 ch 138 SLA 1986; am § 62 ch 36 SLA 1990; am § 2 ch 122 SLA 1994; am E.O. No. 98 § 8 (1997); am § 2 ch 39 SLA 2005; am § 16 ch 83 SLA 2010)

Cross references. —

For the responsibility and authority of the supreme court over state court facilities, see AS 22.05.025 .

Administrative Code. —

For commercial motor vehicles: size and weight, see 17 AAC 25, art. 1.

For oversize and overweight vehicles, see 17 AAC 25, art. 3.

For waivers, see 17 AAC 25, art. 4.

For buses, see 17 AAC 28.

For toll highways, see 17 AAC 35.

For rural airports generally, see 17 AAC 45, art. 1.

For state ferries (Alaska marine highway), see 17 AAC 70, art. 1.

For private sector use of marine highway system terminal facilities, see 17 AAC 70, art. 2.

For marine highway system procurement procedures, see 17 AAC 70, art. 3.

Effect of amendments. —

The 2010 amendment, effective September 14, 2010, in (a)(11), substituted “and convert vehicles to use alternative fuels or purchase energy efficient vehicles whenever practicable” for “and convert or purchase vehicles to use alternative fuels whenever practicable”; made stylistic changes.

Opinions of attorney general. —

The Department of Transportation and Public Facilities can manage and operate a vessel maintenance facility under the authority of AS 44.42.020(a)(1) and (a)(7) and AS 19.05.010 . July 1, 1985 Op. Att’y Gen.

The Department of Transportation and Public Facilities possesses the authority to lease for operation a vessel maintenance facility it manages, by virtue of AS 44.42.020(a)(6) and AS 19.05.040 . July 1, 1985 Op. Att’y Gen.

Sec. 44.42.025. Accounting and disposition of receipts. [Repealed, § 92 ch 36 SLA 1990.]

Sec. 44.42.030. Regulations.

The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement, interpret, or make more specific its powers and duties.

History. (E.O. No. 39, § 2 (1977))

Administrative Code. —

For administration, see 17 AAC 5.

For memorial sign program, see 17 AAC 8.

For encroachment permits, see 17 AAC 10, art. 1.

For driveway and approach road permits, see 17 AAC 10, art. 2.

For land disposal, see 17 AAC 10, art. 3.

For utility permits, see 17 AAC 15, art. 1.

For utility relocation and installation, see 17 AAC 15, art. 3.

For railroads, see 17 AAC 15, art. 4.

For maintenance, see 17 AAC 20.

For commercial motor vehicles: size and weight, see 17 AAC 25, art. 1.

For oversize and overweight vehicles, see 17 AAC 25, art. 3.

For waivers, see 17 AAC 25, art. 4.

For buses, see 17 AAC 28.

For toll highways, see 17 AAC 35.

For Anton Anderson memorial tunnel, see 17 AAC 38.

For local control of state public works projects, see 17 AAC 55.

For tourist-oriented directional signs, see 17 AAC 60, art. 1.

For recreational and cultural interest area signs, see 17 AAC 60, art. 3.

For tourist information kiosks, see 17 AAC 60, art. 5.

For state ferries (Alaska marine highway), see 17 AAC 70, art. 1.

For private sector use of marine highway system terminal facilities, see 17 AAC 70, art. 2.

For marine highway system procurement procedures, see 17 AAC 70, art. 3.

For relocation assistance services, see 17 AAC 81.

For appeals, see 17 AAC 85.

Sec. 44.42.040. Departmental organization.

The commissioner shall establish regions within the state. The functions of the department within each region shall be performed, to the maximum extent feasible, through a regional office. Each regional office shall be directed by a regional transportation and public facilities director appointed by the commissioner.

History. (E.O. No. 39, § 2 (1977))

Sec. 44.42.050. State transportation plan.

The commissioner shall develop a comprehensive, intermodal, long-range transportation plan for the state. The commissioner shall incorporate the comprehensive long-range plan prepared under AS 19.65.011 into the plan developed under this section. The plan may be developed in multiple documents that address logical components, including geographic areas, modes of transportation, transportation corridors, systems, and other distinct subjects relevant to transportation planning. The components of the plan shall be revised as the commissioner determines appropriate. In developing and revising the state plan, the commissioner shall conform to the requirements for the eligibility and use of federal and other funds, as applicable. Upon approval of each component of the plan by the commissioner, the commissioner shall transmit notice of the approval of that component to the governor and to the legislature.
In developing and revising the plan, the commissioner shall seek public review and evaluation by any reasonable means and may
1. consult and cooperate with officials and representatives of the federal government, other governments, interstate commissions and authorities, local agencies and authorities, interested corporations and other organizations concerning problems affecting transportation in the state; and
2. request from an agency or other unit of the state government or of a political subdivision of it, or from a public authority, the assistance and data that may be necessary to enable the commissioner to carry out responsibilities under this section; every such entity shall provide the assistance and data requested.
Copies of the plan, as revised, shall be kept on file as a public document in the office of the commissioner and at each regional office of the department.
The commissioner shall develop a list of projects scheduled for design, construction, or other necessary activities for a period of not less than two years that is consistent with the plan developed under (a) of this section. The list of projects is in addition to the long-range plan required by (a) of this section. The list of projects must include an estimate of federal, state, and other funds anticipated to be received to fund the projects and a description, location, and itemization of the estimated cost for each project and the total cost of all projects.
In evaluating new highways, airports, terminals, ferries, and other major components for inclusion in the plan, the commissioner shall prepare a cost-effectiveness analysis using a consistent methodology. A cost-effectiveness analysis is not required for a project that involves the rehabilitation and maintenance of an existing transportation system or that primarily serves local transportation needs.

History. (E.O. No. 39, § 2 (1977); am §§ 3 — 5 ch 39 SLA 2005; am § 10 ch 20 SLA 2021)

Administrative Code. —

For administration, see 17 AAC 5.

Effect of amendments. —

The 2021 amendment, effective October 11, 2021, in (a), added the second sentence.

Sec. 44.42.055. State public facilities plan. [Repealed, § 19 ch 6 SLA 1998.]

Sec. 44.42.060. Grants to the department.

The commissioner may apply for and accept, on behalf of the state, grants from the federal government or an agency of it, or from another state, a foundation, or any person, for any of the functions or purposes of the department.

History. (E.O. No. 39, § 2 (1977))

Sec. 44.42.065. Conservation of energy in public buildings.

The department shall, at least once every seven years, perform an energy audit of each public building.
The department shall include in each energy audit required by (a) of this section recommendations for corrective measures to improve the energy efficiency and to minimize the life-cycle cost of the public building surveyed. These measures may include (1) energy conservation measures, (2) measures involving solar technology and other alternative energy systems, (3) energy management, and (4) maintenance and operating procedures and energy-related modifications. In recommending the corrective measures, the department shall give priority to changes in maintenance and operating procedures over measures requiring substantial structural modification or installation of equipment.
In this section, “energy audit” means a determination of
1. the energy consumption characteristics of a building, including the size, type, and rate of energy consumption of major energy-consuming systems of the building and the climate characterizing the region where the building is located; and
2. a determination of the energy conservation and cost savings likely to result from appropriate energy-conserving maintenance and operating procedures and modifications, including the purchase and installation of energy-related fixtures.

History. (§ 14 ch 83 SLA 1980; am §§ 27, 28 ch 126 SLA 1994; am § 56 ch 56 SLA 2005)

Sec. 44.42.067. Retrofits and new construction for energy efficiency; energy efficiency report.

Not later than January 1, 2020, the department shall work with other state agencies to retrofit at least 25 percent of all public facilities, starting with those it determines are the least energy efficient, if the department determines that retrofitting the public facilities will result in a net savings in energy costs to the state within 15 years after completion of the retrofits for a public facility and if funding for the retrofits is available.
A retrofit or deferred maintenance of a public facility performed under this section, to the extent feasible, shall meet or exceed the most recently published edition of the ASHRAE/IESNA Standard 90.1, Energy Standard for Buildings Except for Low-Rise Residential Buildings, as published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.
New construction of a public facility under this section shall meet or exceed the most recently published edition of the ASHRAE/IESNA Standard 90.1, Energy Standard for Buildings Except for Low-Rise Residential Buildings, as published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.
Not later than January 1 of each year, the department, in consultation with the Department of Administration, shall submit a report to the legislature detailing the department’s progress in meeting the requirements of this section to reduce state energy consumption and costs and carrying out the duties listed in AS 44.42.020 as they relate to energy use. The department shall include in the report an analysis of the consumption and expense data recorded by the office of management and budget under AS 37.07.040 , comparing energy consumption levels in each year with past years to determine if reductions are being achieved.
In this section, “public facility” means a facility owned and controlled by the state for government or public use that is 10,000 square feet or more and is not a legislative building or court building.

History. (§ 17 ch 83 SLA 2010)

Sec. 44.42.070. Limitation on transportation facilities.

The department shall consult with the appropriate officials of other departments regarding environmental risks and economic and social considerations that may arise by reason of the location, design, construction, or reconstruction of a transportation facility.

History. (E.O. No. 39, § 2 (1977))

Sec. 44.42.080. Capital projects funds. [Repealed, § 19 ch 61 SLA 2014.]

Sec. 44.42.085. Comprehensive long-range community and public transportation plan.

The commissioner shall
1. prepare a comprehensive long-range plan for the development and improvement of coordinated community and public transportation; and
2. revise and update the plan at intervals determined by the commissioner.
The department shall submit the comprehensive long-range plan and revisions and updates of the plan to the governor and the legislature.

History. (§§ 1, 2 ch 36 SLA 2012)

Effect of amendments. —

The 2012 amendment, effective January 1, 2017, in (a), deleted “, in consultation with the Alaska Community and Public Transportation Advisory Board,” following “commissioner” in the introductory paragraph.

Sec. 44.42.090. Alaska Community and Public Transportation Advisory Board.

History. [Repealed, § 3 ch 36, SLA 2012.]

Sec. 44.42.095. Powers, duties, and functions of the Alaska Community and Public Transportation Advisory Board.

History. [[Repealed, § 3 ch 36, SLA 2012.]]

Article 2. Aviation Advisory Board.

Legislative history reports. —

For governor’s transmittal letter for ch. 18, SLA 2005 (SB 133), adding AS 44.42.200 — 44.42.290 , see 2005 Senate Journal 507 — 508.

Sec. 44.42.200. Aviation Advisory Board.

The Aviation Advisory Board is established in the department.

History. (§ 1 ch 18 SLA 2005)

Sec. 44.42.210. Purpose of the board.

The purpose of the board is to advise and provide recommendations to the commissioner on public policy related to the department’s exercise of its aviation functions assigned by law.
Before filling, on a permanent basis, the position of chief administrative officer of the Ted Stevens Anchorage International Airport or the Fairbanks International Airport, the commissioner shall consult with the board concerning candidates to fill the position.

History. (§ 1 ch 18 SLA 2005)

Sec. 44.42.220. Meetings; hearings; records.

The board shall meet at least once each year as requested by the commissioner, or more frequently as determined appropriate by the chair of the board, to carry out its advisory functions. The board may hold public hearings and use other means to solicit information from the public and other interested persons necessary to carry out its advisory functions. Meetings of the board are subject to AS AS 44.62.310 — 44.62.319 (Open Meetings Act).
Records of the board are subject to AS 40.25.110 — 40.25.120 .

History. (§ 1 ch 18 SLA 2005)

Revisor’s notes. —

In 2010, “AS 44.62.310 — 44.62.319 (Open Meetings Act)” was substituted for “AS 44.62.310 — 44.62.312 ” in accordance with § 29(2), ch. 58, SLA 2010.

Sec. 44.42.230. Composition of the board.

The Aviation Advisory Board consists of the following 11 members, who are appointed by and serve at the pleasure of the governor:
1. a member who represents a statewide trade association of air carriers doing business in diverse regions of the state and serving both rural and international airports;
2. a member who represents a statewide membership organization of pilots, aircraft owners, and other aviation supporters, organized to promote noncommercial aviation in the state;
3. a member who represents air carriers signatory to the Alaska international airport system operating agreement;
4. a member who owns or is employed by a regional air carrier in the state;
5. a member who is a community leader residing in the unorganized borough of the state;
6. a member who represents the mayor of the Municipality of Anchorage;
7. a member who jointly represents the mayors of the City of Fairbanks and the Fairbanks North Star Borough;
8. a member who represents the tenants of the Alaska international airport system, but does not represent an air carrier;
9. a member who represents an air carrier engaged exclusively in the air cargo business in the state; and
10. two members who represent other interests that the governor determines appropriate to advise on aviation activities in the state.
To provide geographic balance on the board, the governor shall appoint at least one member from each of the four judicial districts of the state.
The governor shall designate a member of the board to serve as chair of the board, or, at the governor’s request, the board shall elect a chair from among its members who are not state officers or employees.
Members of the board are appointed for staggered three-year terms and serve until a successor is appointed. A member appointed to fill a vacancy on the board serves for the remainder of the unexpired term of the member whose vacancy is being filled.

History. (§ 1 ch 18 SLA 2005)

Sec. 44.42.240. Compensation, transportation expenses, and per diem.

Board members receive no compensation as members of the board. Board members who are not state officers or employees are entitled to transportation expenses and per diem as provided in AS 39.20.180 for members of state boards and commissions.

History. (§ 1 ch 18 SLA 2005)

Sec. 44.42.290. Definitions.

In AS 44.42.200 — 44.42.290 ,

“Alaska international airport system” means the Ted Stevens Anchorage International Airport and the Fairbanks International Airport;
“board” means the Aviation Advisory Board established in AS 44.42.200 .

History. (§ 1 ch 18 SLA 2005)

Article 3. Certain Federal Highway Programs.

Sec. 44.42.300. Participation in certain federal highway programs.

The department may
1. assume responsibilities under 23 U.S.C. 325 — 327, including
  1. the filing of applications with the United States Department of Transportation under 23 U.S.C. 325(c)(1) and 23 U.S.C. 327(b)(2); and
  2. taking those actions necessary to meet the application requirements established under 23 U.S.C. 325(c)(3) and 23 U.S.C. 327(b)(4);
2. enter one or more memoranda of understanding with the United States Department of Transportation related to federal highway programs as provided in 23 U.S.C. 325 — 327;
3. accept, receive, and administer grants, other money, or gifts from public and private agencies, including the federal government, for the purpose of carrying out the programs authorized under this section; and
4. cooperate with the federal government in implementing this section and any memorandum of understanding entered into under this section.
Notwithstanding any contrary provisions of law, in implementing a program under this section that is approved by the United States Department of Transportation, the department is authorized to
1. perform or conduct any of the activities described in any memorandum entered into under 23 U.S.C. 325, 23 U.S.C. 326, or 23 U.S.C. 327;
2. take actions necessary to implement the program; and
3. adopt relevant federal environmental standards as the standards for this state for the programs described in (a) of this section.
The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out this section.
Except for actions alleging independent negligence by the state or its employees, an action may not be brought against the state or employees of the state for a claim arising out of design, operations, maintenance, or construction activities performed by, or under the management of, federally recognized tribes in Alaska acting in furtherance of the Indian Reservation Roads Program under 25 C.F.R. 170 or the Indian Reservation Roads Bridge Program under 23 U.S.C. 202, and the program or relevant state-tribal agreement requires compliance with all applicable federal and state standards. In this subsection, “independent negligence” means negligence that is not due to the state’s selection, supervision, administration, monitoring, or controlling of the activities of the tribe, the tribe’s agents, employees, or contractors, or the state’s approving or accepting any of the work performed under programs listed in this subsection.

History. (§ 2 ch 50 SLA 2006; am § 1 ch 38 SLA 2009)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, added (d).

Editor’s notes. —

Under § 2, ch. 38, SLA 2009, subsection (d) of this section applies to claims arising on or after June 21, 2009.

Legislative history reports. —

For governor’s transmittal letter for ch. 50, SLA 2006 (SB 271), authorizing the Department of Transportation and Public Facilities to assume certain federal program and environmental responsibilities as provided for in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), P.L. 109-59, and relating to waiver of immunity from suit in federal court as to those programs, see 2006 Senate Journal 2102 — 2103.

Article 4. Use of Materials Containing Naturally Occurring Asbestos.

Sec. 44.42.400. Administration and designated areas.

The department shall designate a single employee who reports to the commissioner to oversee the duties assigned to the department in AS 44.42.400 — 44.42.430 and to serve as the point of contact for inquiries related to projects using gravel or other aggregate material containing naturally occurring asbestos.
An area that includes land within a municipality or community may be designated by the department as an area in which certain landowners and contractors are granted immunity under AS 09.65.245(a) for causing asbestos-related injuries only if the municipality or community requests that designation. A municipality or community may request to become an area designated by the department under this subsection by submitting an application to the department. The department may approve an application received under this subsection only after reviewing tests documenting the presence of naturally occurring asbestos in that area, analyzing the effect of the presence of naturally occurring asbestos on construction projects in the area, considering the availability of gravel or other aggregate material free from naturally occurring asbestos in the area, and soliciting public input from residents in the affected municipality or community. The department may require a municipality or community that applies to become a designated area to provide the department with tests documenting the presence of naturally occurring asbestos, information related to the effect of the presence of naturally occurring asbestos on construction projects in the area, information related to availability of gravel or other aggregate material free from naturally occurring asbestos, and other information relevant to the application. After designating an area after approval of an application under this subsection, the department shall notify, including through signage, potentially affected persons that the area has been designated as an area where immunity may be granted under AS 09.65.245(a) for certain landowners and contractors causing asbestos-related injuries.
In places that do not include a municipality or community, the department may designate an area in which certain landowners and contractors are granted immunity under AS 09.65.245(a) for causing asbestos-related injuries. Before designating an area under this subsection, the department shall document the presence of naturally occurring asbestos in that area, analyze the effect of the presence of naturally occurring asbestos on construction projects in the area, consider the availability of gravel or other aggregate material free from naturally occurring asbestos in the area, and solicit public input from potentially affected persons. After designating an area under this subsection, the department shall notify, including through signage, potentially affected persons that the area has been designated as an area where immunity may be granted under AS 09.65.245(a) for certain landowners and contractors causing asbestos-related injuries.
In this section, “community” means a place in the unorganized borough, in a borough, or in a unified municipality that is not incorporated as a municipality, that is not a reserve, and in which 25 or more individuals reside as a social unit.

History. (§ 3 ch 13 SLA 2012)

Sec. 44.42.410. Site-specific use plan.

To qualify for the immunity provided under AS 09.65.245(a)(2) , a contractor intending to use, within an area designated by the department under AS 44.42.400(b) or (c), gravel or other aggregate material that, when tested using a bulk test method prescribed by the department in regulation, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass, shall, after consulting with the owner of the land on which the gravel or other aggregate material containing naturally occurring asbestos will be placed, submit a site-specific use plan to the department that
1. describes the manner in which the proposed use of gravel or other aggregate material that contains naturally occurring asbestos conforms to the standards adopted under AS 44.42.420(b) ;
2. demonstrates how the proposed construction operation and maintenance practices comply with those that are required and those that are minimally acceptable, as described in AS 44.42.420(b) (5), and otherwise meet requirements of law applicable to the handling of compounds that contain asbestos;
3. outlines the efforts that will be made, as a component of long-term maintenance on the completed project or facility, to ensure that human health and air quality are not compromised by the use of the gravel or other aggregate material that contains naturally occurring asbestos;
4. describes how the gravel or other aggregate material to be used can be contained underneath the project or buried so that asbestos fibers cannot become airborne or otherwise transferred outside of the project area, except as provided in (5) and (6) of this subsection;
5. if the requirements in (4) of this subsection are economically unreasonable, describes how the gravel or other aggregate material to be used will be sealed, including chip sealing or mixing with asphalt, in order to prevent asbestos fibers from becoming airborne or otherwise transferred outside of the project area, except as provided in (6) of this subsection; and
6. if the requirements under (4) and (5) of this subsection are economically unreasonable, describes how the gravel or other aggregate material will be used in order to prevent asbestos from becoming airborne or otherwise transferred outside of the project area, including how the gravel or other aggregate material will be used in order to prevent asbestos from becoming airborne because of vehicle traffic, road maintenance, or grading, if applicable.
To qualify for and preserve the immunity provided under AS 09.65.245(a)(2) , the department, in its operating procedures applicable to a project that is a transportation facility, including a public highway, airport, or pipeline or railroad track bed, or a public work, as that term is defined in AS 35.95.100 , and for which the contractor intends to use, within an area designated by the department under AS 44.42.400(b) or (c), gravel or other aggregate material that, when tested using a bulk testing method prescribed by the department in regulation, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass, shall require that
1. the contractor submit a plan that details the use of gravel or other aggregate material in the construction or maintenance of the transportation project or public facility in accordance with the requirements of (a) of this section and regulations developed under AS 44.42.420 ;
2. before the extraction of the gravel or other aggregate material containing naturally occurring asbestos may begin, the plan be approved and returned to the contractor by the department;
3. the contractor adhere to the monitoring, mitigation, and site-specific use plans.
The department shall review each submitted site-specific use plan and shall work toward approving or disapproving the plan, taking into consideration the construction season in the project location.
The department may not approve a plan for construction with gravel or other aggregate material determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass unless
1. the department determines that it is economically unreasonable to undertake the construction project with gravel or other aggregate material free from naturally occurring asbestos; and
2. the completed project will not use gravel or other aggregate material containing naturally occurring asbestos for a surface application except if the material to be used for the surface application is treated or bound with a surface compound, including chip seal or asphalt, approved by the department.
On receiving a plan that meets the requirements of (a) and (d) of this section and the regulations adopted under AS 44.42.420 , the department, in consultation with the Department of Environmental Conservation, the Department of Health and Social Services, the Department of Natural Resources, the Department of Law, and the Department of Labor and Workforce Development, shall develop a monitoring and mitigation plan for the project. If the site-specific use plan is approved, the monitoring and mitigation plan developed by the department shall be attached to the site-specific use plan. To qualify for the immunity provided in AS 09.65.245(a)(2) , the party that has direct control over or responsibility for the monitoring or mitigation shall comply with the monitoring or mitigation plan developed by the department.
On approval of a site-specific use plan, the department
1. shall provide to the contractor a copy of the approved site-specific use plan that includes
  1. the monitoring and mitigation plan developed under (e) of this section;
  2. a requirement that all asbestos-related data collected by the contractor during or after construction be submitted to the department; and
  3. recommended methods for reducing exposure to airborne asbestos fibers;
2. shall provide a copy of the site-specific use plan, including the monitoring and mitigation plan, to the mayor or manager of a municipality affected by the use of gravel or other aggregate material containing naturally occurring asbestos; and
3. may provide to the contractor copies of the United States Occupational Safety and Health Administration, United States Mine Safety and Health Administration, and United States Environmental Protection Agency recommended practices for handling and use of gravel or other aggregate material containing naturally occurring asbestos.
Within 60 days after completing a project in accordance with a site-specific use plan approved by the department, the contractor shall record in the recording district where the property is located a document that includes a description of the affected property, a reference to the most recent recorded conveyance of that property, and a notice indicating the presence of naturally occurring asbestos, and stating that subsequent interest holders may have legal obligations with respect to preventing the naturally occurring asbestos from becoming airborne or otherwise transferred outside of the project area. The contractor shall provide written notification to the department and the landowner that the document has been recorded.
The contractor shall submit to the department the results of any monitoring or testing performed in accordance with the site-specific use plan and any mitigation measures undertaken.

History. (§ 3 ch 13 SLA 2012)

Sec. 44.42.420. Regulations.

The department, after consultation with the Department of Environmental Conservation, the Department of Health and Social Services, the Department of Natural Resources, the Department of Law, and the Department of Labor and Workforce Development, shall prescribe in regulation a bulk testing method for gravel or other aggregate material containing naturally occurring asbestos.
The department, after consultation with the Department of Environmental Conservation, the Department of Health and Social Services, the Department of Natural Resources, the Department of Law, and the Department of Labor and Workforce Development, may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement AS 44.42.400 — 44.42.430 , including regulations revising statewide standards on the use in the construction and maintenance of transportation projects and public facilities of gravel or other aggregate material that, when tested using a bulk test method prescribed by the department by regulation, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass. The regulations adopted under this subsection must include
1. procedures for completing site investigations and characterizations of proposed projects, including the development and description of appropriate laboratory practices;
2. procedures for reviewing design alternatives and preparing and evaluating appropriate comparative cost analyses that consider the use of gravel or other aggregate material that does not contain naturally occurring asbestos;
3. procedures for evaluating human health concerns arising out of gravel or other aggregate material that contains naturally occurring asbestos and documentation of methods and means to be used during periods of handling of the gravel or other aggregate material to ensure compliance with appropriate workplace safety and air quality standards relating to the project and to ensure the health and safety of communities affected by construction projects that use gravel or other aggregate material containing naturally occurring asbestos;
4. procedures for preparing designs and design specifications for facilities involving use of gravel or other aggregate material that contains naturally occurring asbestos;
5. procedures for outlining construction operation and maintenance practices that are required and those that are minimally acceptable to meet requirements of law applicable to the handling of compounds that contain asbestos;
6. procedures for processing, reviewing, and approving or disapproving site-specific use plans and area designation requests received under AS 44.42.400 (b) in a uniform manner;
7. guidelines to analyze the cost of a project;
8. guidelines for determining whether the cost associated with the use of gravel or other aggregate material free from naturally occurring asbestos under AS 44.42.410(d) is economically unreasonable;
9. guidelines for determining whether the cost associated with burying or sealing gravel or other aggregate material containing naturally occurring asbestos under AS 44.42.410(a)(2) and (3) is economically unreasonable;
10. guidelines for establishing areas designated under AS 44.42.400(b) or (c) that take into account the effect on human health in and around the designated area and environmental factors affecting the transfer of asbestos fibers within and outside of a designated area.

History. (§ 3 ch 13 SLA 2012)

Sec. 44.42.430. Definitions.

In AS 44.42.400 — 44.42.430 ,

“contractor” means the principal construction contractor or, in the absence of an identified principal construction contractor, the person having legal authority for the design and construction of the project;
“naturally occurring asbestos” means chrysotile, amosite, crocidolite, fibrous tremolite, fibrous anthophyllite, and fibrous actinolite asbestos-containing material that has not been processed in an asbestos mill and that, when tested using a bulk method prescribed by the Department of Transportation and Public Facilities by regulation, is determined to have a content equal to or greater than 0.25 percent naturally occurring asbestos by mass.

History. (§ 3 ch 13 SLA 2012)

Article 5. General Provisions.

Editor’s notes. —

Pursuant to § 2, ch. 18, SLA 2005, AS 44.42.900 is designated under the article heading “General Provisions.”

Sec. 44.42.900. Definitions.

In this chapter, unless the context requires otherwise,

“commissioner” means the commissioner of transportation and public facilities;
“department” means the Department of Transportation and Public Facilities;
“transportation” or “transportation mode” includes, but is not limited to, the following means of conveyance or travel, including their related or auxiliary structures, facilities, or services: air, rail, water, highway and pipeline.

History. (E.O. No. 39, § 2 (1977))

Chapter 43. Department of Public Works.

[Repealed, E.O. No. 39, § 13 (1977). For current provisions, see AS 44.42.]

Chapter 44. Department of Highways.

[Repealed, E.O. No. 39, § 13 (1977). For current provisions, see AS 44.42.]

Chapter 45. Department of Economic Development and Planning.

[Repealed, § 1 ch 207 SLA 1975. For current provisions, see AS 44.33.]

Chapter 46. Department of Environmental Conservation.

Administrative Code. —

For environmental conservation, see 18 AAC.

Article 1. Organization.

Sec. 44.46.010. Commissioner of environmental conservation.

The principal executive officer of the Department of Environmental Conservation is the commissioner of environmental conservation.

History. (§ 2 ch 120 SLA 1971)

Collateral references. —

61B Am. Jur. 2d, Pollution Control, § 1 et seq.

39A C.J.S., Health and Environment, § 1 et seq.

Sec. 44.46.020. Duties of department.

The Department of Environmental Conservation shall
1. have primary responsibility for coordination and development of policies, programs, and planning related to the environment of the state and of the various regions of the state;
2. have primary responsibility for the adoption and enforcement of regulations setting standards for the prevention and abatement of all water, land, subsurface land, and air pollution, and other sources or potential sources of pollution of the environment, including by way of example only, petroleum and natural gas pipelines;
3. promote and develop programs for the protection and control of the environment of the state;
4. take actions that are necessary and proper to further the policy declared in AS 46.03.010 ;
5. adopt regulations for
  1. the prevention and control of public health nuisances;
  2. the regulation of sanitation and sanitary practices in the interest of public health;
  3. standards of cleanliness and sanitation in connection with the construction, operation, and maintenance of a camp, cannery, food handling establishment, food manufacturing plant, mattress manufacturing establishment, industrial plant, school, barbershop, hairdressing, hair braiding, manicuring, esthetics, tattooing, permanent cosmetic coloring, body piercing, or ear piercing establishment, soft drink establishment, beer and wine dispensaries, and for other similar establishments in which lack of sanitation may create a condition that causes disease;
  4. the regulation of quality and purity of commercially compressed air sold for human respiration.
The department’s regulations for tattooing, permanent cosmetic coloring shops, and body piercing shops must include requirements that
1. the shop be equipped with appropriate sterilizing equipment, with availability of hot and cold running water, and with an appropriate waste receptacle;
2. the owner of the shop is responsible for ensuring that case history cards are kept for each client for a period of three years after the client’s most recent tattooing, permanent cosmetic coloring, or body piercing;
3. a practitioner in the shop may use only instruments for tattooing, permanent cosmetic coloring, or body piercing that have been sterilized in accordance with methods approved by the department.

History. (§ 2 ch 120 SLA 1971; am E.O. No. 51, § 40 (1981); am § 32 ch 57 SLA 1999; am §§ 29, 30 ch 93 SLA 2000; am § 31 ch 23 SLA 2018)

Administrative Code. —

For informal and fee review procedures, see 18 AAC 15, art. 5.

For barbering, hairdressing, manicuring, or esthetics schools and shops, see 18 AAC 23, art. 2.

For body piercing, tattooing, or permanent cosmetic coloring shops, see 18 AAC 23, art. 3.

For schools, see 18 AAC 30, art. 3.

For public accommodations, see 18 AAC 30, art. 4.

For public swimming pools and spas, see 18 AAC 30, art. 5.

For public toilets, showers, and laundromats, see 18 AAC 30, art. 6.

For compressed air, see 18 AAC 30, art. 9.

For food care, see 18 AAC 31, art. 2.

For management and personnel, see 18 AAC 31, art. 3.

For equipment and utensils, see 18 AAC 31, art. 4.

For sanitation and physical facilities, see 18 AAC 31, art. 5.

For temporary food service, limited food service, kiosks, mobile food units, see 18 AAC 31, art. 6.

For food processing, see 18 AAC 31, art. 7.

For markets, see 18 AAC 31, art. 8.

For milk and milk products, see 18 AAC 32, art. 1.

For reindeer slaughtering and processing, see 18 AAC 32, art. 3.

For seafood processing, see 18 AAC 34, art. 1.

For shellfish processing, see 18 AAC 34, art. 2.

For smoked or smoke-flavored seafood products processing, see 18 AAC 34, art. 3.

For thermal processing, see 18 AAC 34, art. 4.

For direct-market fishing vessels, see 18 AAC 34, art. 5.

For requirements for fishing vessels, tender vessels, buying stations, and processing facilities in response to oil contamination, see 18 AAC 34, art. 6.

For direct-market land-based facilities, see 18 AAC 34, art. 7.

For oxygenated gasoline requirements, see 18 AAC 53, art. 1.

For waste disposal permit, see 18 AAC 60, art. 2.

For municipal solid waste landfills, see 18 AAC 60, art. 3.

For monofills, see 18 AAC 60, art. 4.

For land application of biosolids, see 18 AAC 60, art. 5.

For reserved, see 18 AAC 60, art. 6.

For monitoring and corrective action requirements, see 18 AAC 60, art. 7.

For domestic wastewater treatment and disposal, see 18 AAC 72, art. 1.

For domestic wastewater system plan review, see 18 AAC 72, art. 2.

For certified installer program, see 18 AAC 72, art. 4.

For nondomestic wastewater, see 18 AAC 72, art. 5.

For nondomestic wastewater system plan review, see 18 AAC 72, art. 6.

For underground storage tank laboratory approval, see 18 AAC 78, art. 8.

For purpose, applicability, and term, see 18 AAC 83, art. 1.

For permit process, see 18 AAC 83, art. 2.

For permit application requirements, see 18 AAC 83, art. 4.

For permit conditions — general, see 18 AAC 83, art. 5.

For requirements and permit conditions specific to type of discharge, see 18 AAC 83, art. 6.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in (a)(5)(C), inserted “hair braiding,” following “hairdressing,”; made stylistic changes throughout the section.

Notes to Decisions

Approval of subdivision plans. —

Department of Environmental Conservation can validly require its approval of potential subdivision plans as a prerequisite to the recording and sale of any lots in the subdivision. State v. Anderson, 749 P.2d 1342 (Alaska 1988).

Cited in

Noey v. Department of Envtl. Conservation, 737 P.2d 796 (Alaska 1987).

Sec. 44.46.025. Fees for services.

History. (§ 63 ch 36 SLA 1990; am §§ 76, 77 ch 63 SLA 1993; am §§ 12, 13 ch 74 SLA 1993; am § 43 ch 128 SLA 1994; am § 1 ch 90 SLA 1995; am § 4 ch 59 SLA 2000; am § 2 ch 136 SLA 2004; am § 2 ch 143 SLA 2004; am §§ 3, 4 ch 42 SLA 2005; am § 1 ch 95 SLA 2005; am § 8 ch 59 SLA 2006)

Revisor’s notes. —

Section 77, ch. 63, SLA 1993 enacted a subsection (c) for this section that is almost identical to that enacted by § 13, ch. 74, SLA 1993 and set out above. The only difference between the two is that the latter contains the words “and indirect” after the word “direct”. Because § 13, ch. 74, SLA 1993 was the later enactment and had an immediate effective date, the amendment made by ch. 63 will not be codified.

In 1998, in the last sentence of (d) of this section, “subsection” was substituted for “section” to correct a manifest error in ch. 90, SLA 1995.

Administrative Code. —

For certification, see 18 AAC 15, art. 4.

For informal and fee review procedures, see 18 AAC 15, art. 5.

For reindeer slaughtering and processing, see 18 AAC 32, art. 3.

For animal disease control and eradication, see 18 AAC 36, art. 2.

For program administration, see 18 AAC 50, art. 2.

For user fees, see 18 AAC 50, art. 4.

For emissions inspection and maintenance requirements, see 18 AAC 52, art. 1.

For certification requirements, see 18 AAC 52, art. 4.

For oxygenated gasoline requirements, see 18 AAC 53, art. 1.

For waste disposal permit, see 18 AAC 60, art. 2.

For monofills, see 18 AAC 60, art. 4.

For reserved, see 18 AAC 60, art. 6.

For domestic wastewater treatment and disposal, see 18 AAC 72, art. 1.

For domestic wastewater system plan review, see 18 AAC 72, art. 2.

For certified installer program, see 18 AAC 72, art. 4.

For nondomestic wastewater, see 18 AAC 72, art. 5.

For discharge reporting, cleanup, and disposal of oil and other hazardous substances, see 18 AAC 75, art. 3.

For underground storage tank laboratory approval, see 18 AAC 78, art. 8.

For laboratory certification requirements, see 18 AAC 80, art. 11.

For permit process, see 18 AAC 83, art. 2.

Editor’s notes. —

Section 87, ch. 63, SLA 1993 provides “[i]f any section of this bill is found to violate the single subject rule it is severed from the rest of the bill.”

Sec. 44.46.028. Flow-through hot springs.

A flow-through hot springs, whether natural or modified, when used for perceived medicinal or esthetic purposes, is exempt from further water quality regulation by the Department of Environmental Conservation while the fecal coliform count is maintained at 100 colonies or less per 100 milliliters and the body of water is free from dangerous levels of disease-causing pathogens or chemicals.
In this section, “flow-through hot springs” means a body of water in which naturally occurring geothermal water enters the body of water to replace an equal amount of water constantly being drained from the body of water.

History. (§ 1 ch 22 SLA 2002)

Sec. 44.46.029. Dental radiological equipment.

History. (§ 5 ch 79 SLA 1998)

Article 2. Environmental Advisory Board.

Secs. 44.46.030 — 44.46.050. Environmental Advisory Board. [Repealed, § 13 ch 43 SLA 1994.]

Secs. 44.46.070 — 44.46.110. Alaska Council on Science and Technology. [Repealed, E.O. No. 48, § 6 (1981).]

Chapter 47. Department of Community and Regional Affairs.

[Repealed, § 84 ch 58, SLA 1999. For current provisions, see AS 14.38, AS 23.15, and AS 44.33.]

Chapter 50. Notaries Public.

Revisor’s notes. —

In 1971 “lieutenant governor” was substituted for “secretary of state” in this chapter to conform with the 1970 amendment to the state constitution.

Cross references. —

For a provision directing that AS 44.50.010 , reenacted in 2005, and AS 44.50.032 , 44.50.033 , 44.50.035 , 44.50.036 , 44.50.037 , and 44.50.039 , enacted in 2005, do not apply to a notary public whose commission is in effect on June 30, 2005, until the notary public’s term of office expires under former AS 44.50.030 , the notary public resigns under AS 44.50.067 , or the notary public’s commission is revoked under AS 44.50.068 , see § 15(a), ch. 60, SLA 2005, in the 2005 Temporary and Special Acts.

For provisions governing oaths, acknowledgments, and related matters, see AS 09.63.

For a provision directing that AS 44.50.075 , 44.50.078 , 44.50.145 , 44.50.165 , and 44.50.185 , as enacted in 2020, and the 2020 changes to AS 44.50.033 , 44.50.034 , 44.50.060 , 44.60.062, 44.50.072 , and 44.50.200 , do not affect the validity or effect of a notarial act performed before January 1, 2021, see sec. 19(b), ch. 24, SLA 2020 in the 2020 Temporary and Special Acts.

Legislative history reports. —

For governor’s transmittal letter for ch. 60, SLA 2005 (HB 97), relating to notaries public, see 2005 House Journal 131.

Sec. 44.50.010. Notary public commission; term.

The lieutenant governor may commission for the state
1. notaries public without limitation, who are authorized to use the notary seal for all legal purposes; and
2. limited governmental notaries public, who are state, municipal, or federal employees authorized to use the notary seal only for official government business.
The term of a notary public commission is four years, except that the term of a limited governmental notary public commission coincides with the term of government employment.
A person who is a state, municipal, or federal employee commissioned as a limited governmental notary public may also be commissioned as a notary public without limitation.

History. (§ 1 ch 99 SLA 1961; am § 7 ch 60 SLA 2005)

Collateral references. —

58 Am. Jur. 2d, Notaries Public, §§ 1 to 23.

66 C.J.S., Notaries, § 4.

Sec. 44.50.020. Qualifications.

To be commissioned as a notary public, a person

shall submit an application under AS 44.50.032 ;
shall be at least 18 years of age;
shall have established residency in this state under AS 01.10.055 ;
shall reside legally in the United States;
may not, within 10 years before the commission takes effect, have been convicted of a felony or incarcerated in a correctional facility for a felony conviction;
may not, within 10 years before the commission takes effect,
1. have had the person’s notary public commission revoked under AS 44.50.068 (a)(2) or (4) or under the notary public laws of another jurisdiction for a substantially similar reason;
2. have had the person’s notary public commission revoked under AS 44.50.068(a)(3) , unless the person has reestablished residency in this state under AS 01.10.055 before the person submits the application;
3. have been disciplined under AS 44.50.068 if, at the time the person applies for a notary public commission under this chapter, the disciplinary action prohibits the person from holding a notary public commission; or
4. have been disciplined under the notary public laws of another jurisdiction if, at the time the person applies for a notary public commission under this chapter, the disciplinary action prohibits the person from holding a notary public commission; and
shall meet the other requirements in this chapter to be commissioned as a notary public.

History. (§ 2 ch 99 SLA 1961; am § 1 ch 79 SLA 1972; am § 1 ch 160 SLA 1976; am § 8 ch 60 SLA 2005)

Collateral references. —

58 Am. Jur. 2d, Notaries Public, §§ 15 to 23.

66 C.J.S., Notaries, § 4.

Sec. 44.50.030. Term of office. [Repealed, § 14 ch 60 SLA 2005.]

Sec. 44.50.032. Application.

A person applying for a commission as a notary public shall submit a completed application as required by this section, using the forms or format required by the lieutenant governor.
A completed application for a commission under AS 44.50.010(a)(1) must include
1. an affirmation that the applicant meets the qualifications set out in AS 44.50.020 (2) — (6);
2. the applicant’s mailing and physical addresses; the applicant’s telephone number, if any; the applicant’s employer or business; the physical address and telephone number of the applicant’s employer or business at the location where the applicant works; and an electronic mailing address, if any, where the applicant can be contacted;
3. information concerning any denial, suspension, revocation, or restriction of the applicant’s commission as a notary public in this state or another jurisdiction; that information must include
  1. identification of the jurisdiction;
  2. the date the jurisdiction issued the denial, suspension, revocation, or restriction;
  3. the reasons for the denial, suspension, revocation, or restriction; and
  4. information concerning final resolution of the matter;
4. the applicant’s notarized signature on the portion of the application that contains the oath or affirmation required by AS 44.50.035 ;
5. the fee required by AS 44.50.033 ; and
6. the bond required by AS 44.50.034 .
A completed application for a commission under AS 44.50.010(a)(2) must include
1. a signed statement by the applicant’s government employer that the commission is needed for the purpose of conducting official government business;
2. the applicant’s mailing and physical addresses; the applicant’s telephone number, if any; the applicant’s employer; the name, address, and telephone number for the employer where the applicant works; and an electronic mailing address, if any, where the applicant can be contacted;
3. the affirmation, information, and signature required by (b)(1), (3), and (4) of this section; and
4. the fee required by AS 44.50.033 .

History. (§ 9 ch 60 SLA 2005)

Sec. 44.50.033. Application fee.

A person applying for a commission as a notary public shall pay a nonrefundable application fee. The lieutenant governor shall set the amount of the fee by regulation. However, an applicant for a limited governmental notary public commission under AS 44.50.010(a)(2) who is employed by the state may not be required to pay an application fee.

History. (§ 9 ch 60 SLA 2005; am § 4 ch 24 SLA 2020)

Effect of amendments. —

The 2020 amendment, effective January 1, 2021, deleted “of $40” at the end of the first sentence, and added the second sentence.

Sec. 44.50.034. Bond.

A person applying for a commission as a notary public without limitation under AS 44.50.010(a)(1) shall execute an official bond of $2,500 and submit the bond with the application under AS 44.50.032 . The bond must be for a term of four years from the date of commission.
The lieutenant governor shall keep a bond submitted under this section for two years after the end of the term of the commission for which the bond was issued. Disposition of the bond after the end of the commission does not affect the time for commencing an action on the bond.

History. (§ 9 ch 60 SLA 2005; am § 5 ch 24 SLA 2020)

Effect of amendments. —

The 2020 amendment, effective January 1, 2021, in (a), substituted “$2500” for “$1000”.

Sec. 44.50.035. Oath.

The application required by the lieutenant governor under AS 44.50.032 must contain an oath or affirmation, in the form set out in AS 39.05.045 , to be signed by the applicant. A signed oath or affirmation submitted in an application under AS 44.50.032 takes effect on the date of the applicant’s commission as a notary public under this chapter.

History. (§ 9 ch 60 SLA 2005)

Sec. 44.50.036. Denial of applications.

The lieutenant governor shall deny an application for a notary public commission if the

applicant does not meet the requirements of this chapter;
application is not complete or contains a material misstatement or omission of fact relating to the requirements for a commission under this chapter;
applicant has, within 10 years before the commission is to take effect, been convicted of a felony or incarcerated in a correctional facility for a felony conviction; or
applicant’s commission as a notary public has been revoked, within 10 years before the commission is to take effect, in
1. this state for a reason stated in
  1. AS 44.50.068(a)(2) or (4);
  2. AS 44.50.068(a)(3) , unless the person has reestablished residency in this state under AS 01.10.055 before the person submits the application; or
2. another jurisdiction for a reason substantially similar to AS 44.50.068(a)(2) or (4).

History. (§ 9 ch 60 SLA 2005)

Sec. 44.50.037. Certificate of commission.

Upon commission of a notary public under this chapter, the lieutenant governor shall provide to the notary public a certificate of commission indicating the commission and the dates of the term of the commission.

History. (§ 9 ch 60 SLA 2005)

Sec. 44.50.038. Subsequent commissions.

A notary public whose term of commission is ending may apply for a new notary public commission by submitting a new application under AS 44.50.032 and complying with the requirements of this chapter. The lieutenant governor’s approval of a new application for a commission for a notary public without limitation under AS 44.50.010(a)(1) terminates an applicant’s existing commission under that paragraph.

History. (§ 9 ch 60 SLA 2005)

Sec. 44.50.039. Limited governmental notaries public.

A state, municipal, or federal employee commissioned as a notary public under AS 44.50.010(a)(2)

is designated a limited governmental notary public;
may perform notarial acts only in the conduct of official government business; and
may not charge or receive a fee or other consideration for notarial services provided under this chapter.

History. (§ 9 ch 60 SLA 2005)

Sec. 44.50.040. Fees. [Repealed, § 14 ch 60 SLA 2005.]

Sec. 44.50.050. [Renumbered as AS 44.50.180(d).]

Sec. 44.50.060. Duties.

A notary public may

administer oaths and affirmations;
take the acknowledgment of or proof of execution of instruments in writing, and give a notarial certificate of the proof or acknowledgment, included in or attached to the instrument; the notarial certificate shall be signed by the notary public in the notary public’s own handwriting or by electronic means as authorized by regulations adopted by the lieutenant governor;
give a notarial certificate stating that a tangible copy of an electronic record is an accurate copy of the electronic record.

History. (§ 5 ch 99 SLA 1961; am § 10 ch 60 SLA 2005; am § 6 ch 24 SLA 2020)

Effect of amendments. —

The 2020 amendment, effective January 1, 2021, added (3), and made a related change.

Opinions of attorney general. —

Because Alaska law does not directly so authorize, a notary public may not certify copies of documents. March 4, 1992, Op. Att’y Gen.

Collateral references. —

58 Am. Jur. 2d, Notaries Public, §§ 25-36.

66 C.J.S., Notaries, §§ 18-27.

Measure of damages for false or incomplete certificate by notary public or similar officer. 13 ALR3d 1039.

Sec. 44.50.061. Unauthorized practice.

A notary public who is not an attorney may complete but may not select notarial certificates, and may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.
This section does not prohibit a notary public who is qualified in and, if required, licensed to practice, a particular profession from giving advice relating to matters in that professional field.
A notary public may not make representations to have powers, qualifications, rights, or privileges that the office of notary public does not have.

History. (§ 11 ch 60 SLA 2005)

Sec. 44.50.062. Prohibited acts.

A notary public may not

violate state or federal law in the performance of acts authorized by this chapter;
influence a person to enter into or avoid a transaction involving a notarial act by the notary public;
affix the notary public’s signature or seal on a notarial certificate that is incomplete;
charge a fee for a notarial act unless a fee schedule has been provided to the signer before the performance of the notarial act;
affix the notary public’s official seal to a document unless the person who is to sign the document
1. except as provided by AS 44.50.075 , appears and signs the document before the notary public or, for an acknowledgment, appears and indicates to the notary public that the person voluntarily affixed the person’s signature on the document for the purposes stated within the document;
2. gives an oath or affirmation if required under law or if the notarial certificate states that the document was signed under oath or affirmation;
3. in the case of a notarial act performed in the physical presence of the notary public, is personally known to the notary public, produces government-issued identification containing the photograph and signature of the person signing, or produces
  1. government-issued identification containing the signature of the person signing, but without a photograph; and
  2. another valid identification containing the photograph and signature of the person signing; and
4. in the case of a notarial act performed for a remotely located individual, satisfies the requirements of AS 44.50.075 ;
perform a notarial act if the notary public
1. is a signer of or named in the document that is to be notarized; or
2. will receive directly from a transaction connected with the notarial act a commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the normal fee charged by the notary for the notarial act.

History. (§ 11 ch 60 SLA 2005; am § 7 ch 24 SLA 2020)

Effect of amendments. —

The 2020 amendment, effective January 1, 2021, in (5)(A), added “except as provided by AS 44.50.075 ,”; in the introductory language of (5)(C), added “in the case of a notarial act performed in the physical presence of a notary public,”; added (5)(D); and made related changes.

Notes to Decisions

“Sworn statement.” —

Notarized statement was a “sworn statement” even without proof of the administration of a verbal oath, where the declarant showed his identification to the notary, knowingly signed the document in her presence, the document stated that the defendant was duly sworn, and the notary actually notarized it. Gargan v. State, 805 P.2d 998 (Alaska Ct. App.), cert. denied, 501 U.S. 1209, 111 S. Ct. 2808, 115 L. Ed. 2d 981 (U.S. 1991).

Requirements of oath satisfied. —

When the notary is present at the signing of a document which purports to be sworn, and when the notary then notarizes the document, the requirements of the oath have been satisfied; the document qualifies as a sworn statement. Gargan v. State, 805 P.2d 998 (Alaska Ct. App.), cert. denied, 501 U.S. 1209, 111 S. Ct. 2808, 115 L. Ed. 2d 981 (U.S. 1991).

Cited in

DeNardo v. Maassen, 200 P.3d 305 (Alaska 2009).

Sec. 44.50.063. Official signature.

When performing a notarization, a notary public shall
1. sign in the notary public’s own handwriting, on the notarial certificate, exactly and only the name indicated on the notary public’s commission certificate, or sign an electronic document by electronic means as authorized by regulations adopted by the lieutenant governor; and
2. affix the official signature only at the time the notarial act is performed.
A notary public shall comply in a timely manner with a request by the lieutenant governor to supply a current sample of the notary public’s official handwritten signature and information regarding the notary public’s electronic signature.
Within 10 days after the security of a notary public’s electronic signature has been compromised, the notary public shall provide the lieutenant governor with written notification that the signature has been compromised. After the notary public has provided the lieutenant governor with the notification, the notary public shall provide the lieutenant governor with any additional information that the lieutenant governor requests about the compromise of the signature.

History. (§ 11 ch 60 SLA 2005)

Sec. 44.50.064. Official seal.

A notary public shall keep an official seal, which is the exclusive property of the notary public, and shall ensure that another person does not possess or use the official seal.
A notary public’s official seal
1. must contain
  1. the notary public’s name exactly as indicated on the notary public’s commission certificate;
  2. the words “Notary Public” and “State of Alaska”; and
2. may be a circular form not over two inches in diameter, may be a rectangular form not more than one inch in width by two and one-half inches in length, or may be an electronic form as authorized by regulations adopted by the lieutenant governor.
When not in use, a notary public’s official seal shall be kept secure and under the exclusive control of the notary public.
Within 10 days after a notary public’s official seal is stolen or lost, or the security of the notary public’s official electronic seal is compromised, the notary public shall provide the lieutenant governor with written notification of the theft, loss, or compromised security. After the notary public has provided the lieutenant governor with the notification, the notary public shall provide the lieutenant governor with any additional information that the lieutenant governor requests about the compromise of the seal.
In order to avoid misuse, a notary public’s official seal shall be destroyed or defaced
1. upon the notary public’s resignation or death;
2. upon the revocation or termination by the lieutenant governor of the notary public’s commission; or
3. when the notary public’s term of commission ends if the notary public has not received a new commission under this chapter.

History. (§ 11 ch 60 SLA 2005)

Sec. 44.50.065. Seal impression or depiction.

With regard to each paper document being notarized, a sharp, legible, photographically reproducible impression or depiction of a notary public’s official seal shall be affixed
1. on the notarial certificate near the notary public’s official signature; and
2. only at the time the notarial act is performed.
For a notarized paper document, illegible information within a seal impression or depiction may be typed or printed legibly by the notary public adjacent to, but not within, the impression or depiction.
An embossed seal impression that is not photographically reproducible may be used in addition to, but not in place of, the seal impression or depiction required by (a) of this section.
A notary public may use a seal in electronic form on electronic documents notarized by the notary public as authorized by regulations adopted by the lieutenant governor. The seal shall be affixed only at the time the notarial act is performed.

History. (§ 11 ch 60 SLA 2005)

Sec. 44.50.066. Notary public’s status notification.

Within 30 days after change of a notary public’s name, mailing address, or physical address, the notary public shall, on a form provided by the lieutenant governor, submit written notification of the change, signed by the notary public.
The lieutenant governor may require limited governmental notaries public commissioned under AS 44.50.010(a)(2) who change departmental or agency employers to submit written notification of the change on a form provided by the lieutenant governor.
A notary public commissioned under AS 44.50.010(a)(1) reporting a name change shall submit to the lieutenant governor payment of the fee under AS 44.19.024 for the issuance of a replacement certificate of commission.
A notary public reporting a name change under (a) and (c) of this section shall use the person’s former name for the performance of notarial acts until the person has
1. provided written notification of the name change to the surety for any bond required under AS 44.50.034 ;
2. received a replacement certificate of commission reflecting the name change from the lieutenant governor; and
3. obtained a new seal reflecting the name change.
The lieutenant governor may require a notary public to update the information required under AS 44.50.032 , including the notary public’s current notarized signature and information regarding the notary public’s electronic signature.

History. (§ 11 ch 60 SLA 2005)

Sec. 44.50.067. Resignation.

To resign a commission, a notary public shall notify the lieutenant governor in writing of the resignation and the date that it is effective. The notary public shall sign the notification.
A notary public who does not any longer meet the requirements of this chapter to be a notary public shall immediately resign the commission.

History. (§ 11 ch 60 SLA 2005)

Sec. 44.50.068. Disciplinary action; complaint; appeal; hearing; delegation.

The lieutenant governor may suspend or revoke a notary public’s commission or reprimand a notary public for good cause shown, including
1. a ground on which an application for a commission may be denied;
2. failure to comply with this chapter;
3. failure to maintain residency in this state under AS 01.10.055 ; and
4. incompetence or malfeasance in carrying out the notary public’s duties under this chapter.
A person harmed by the actions of a notary public may file a complaint with the lieutenant governor. The complaint shall be filed on a form prescribed by the lieutenant governor and shall be signed and verified by the person alleging misconduct by the notary public.
If the lieutenant governor determines that the allegations in the complaint do not warrant formal disciplinary action, the lieutenant governor may decline to act on the complaint or may advise the notary public of the appropriate conduct and the applicable statutes and regulations governing the conduct. The lieutenant governor shall notify the notary public and the complainant of the determination in writing.
If the lieutenant governor determines that the complaint alleges sufficient facts to constitute good cause for disciplinary action, the lieutenant governor shall serve the notary public with a copy of the complaint as provided in Rule 4, Alaska Rules of Civil Procedure. The notary public may file a written response to the complaint with the lieutenant governor within 20 days after receipt of the complaint. The lieutenant governor may extend the time for the notary public’s response. The lieutenant governor shall provide a copy of the notary public’s response to the complainant.
The lieutenant governor shall review the complaint and the response to determine whether formal disciplinary action may be warranted. The lieutenant governor may determine that the allegations in the complaint do not warrant formal disciplinary action, in which case the lieutenant governor may determine not to take further action on the complaint or may determine to advise the notary public of the appropriate conduct and the applicable statutes and regulations governing the conduct. If the lieutenant governor determines that formal disciplinary action is not warranted, the lieutenant governor shall provide the complainant and the notary public with a written statement of the basis for the determination.
If the lieutenant governor finds that formal disciplinary action may be warranted, the lieutenant governor may suspend or revoke a notary public’s commission or reprimand a notary public. If the lieutenant governor suspends or revokes the commission or issues a reprimand, the lieutenant governor shall provide, by certified mail, the notary public with a written statement of the lieutenant governor’s decision, including a written statement of the basis for the determination.
A person who is issued a reprimand, suspension, or revocation under (f) of this section may appeal the reprimand, suspension, or revocation by requesting a hearing within 15 days after receiving the statement provided under (f) of this section. If a hearing is requested, the lieutenant governor shall deny or grant the request under AS 44.64.060(b) and refer the matter to the office of administrative hearings under AS 44.64.060(b) .
The lieutenant governor may delegate the powers under this section.

History. (§ 11 ch 60 SLA 2005)

Cross references. —

For a provision authorizing the lieutenant governor to take an action under this section against a notary public whose commission is in effect on June 30, 2005, and who has been, within 10 years before the notary public’s term of office expires under former AS 44.50.030 , convicted of a felony or incarcerated in a correctional facility for a felony conviction, see § 15(b), ch. 60, SLA 2005, in the 2005 Temporary and Special Acts.

Sec. 44.50.070. Presence and identification required. [Repealed, § 14 ch 60 SLA 2005.]

Sec. 44.50.071. Confidentiality.

An address, telephone number, and electronic mail address of a notary public or an applicant that is submitted under AS 44.50.032 or 44.50.038 and that is designated by the notary public or applicant as confidential shall be kept confidential. However, a notary public shall provide a nonconfidential address and telephone number at which the notary public can be contacted.
Compilations and data bases of those addresses, telephone numbers, and electronic mail addresses of notaries public that are confidential under (a) of this section shall be kept confidential, except that the lieutenant governor may disclose compilations and data bases if the lieutenant governor determines that disclosure is in the public interest.
A complaint filed under AS 44.50.068 shall be kept confidential unless the lieutenant governor determines under AS 44.50.068 (d) that the complaint alleges sufficient facts to constitute good cause for disciplinary action.

History. (§ 12 ch 60 SLA 2005)

Sec. 44.50.072. Regulations.

The lieutenant governor shall adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter.
The regulations adopted by the lieutenant governor under this section must provide standards for
1. communication technology and identity proofing; and
2. sufficient forms of notarial certificates for notarial acts performed for remotely located individuals.
The regulations adopted by the lieutenant governor under this section may
1. prescribe the manner of performing notarial acts regarding tangible and electronic records;
2. include provisions to ensure that a change to or tampering with a record bearing a notarial certificate is self-evident;
3. include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures; and
4. include provisions to prevent fraud or a mistake in the performance of notarial acts.
In adopting, amending, or repealing a regulation regarding notarial acts with respect to electronic records, the lieutenant governor shall consider, so far as is consistent with this chapter,
1. the most recent standards regarding electronic records adopted by national bodies;
2. standards, practices, and customs of other jurisdictions with substantially similar provisions; and
3. the views of other governmental officials and entities and other interested persons.
A regulation adopted by the lieutenant governor regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification.

History. (§ 12 ch 60 SLA 2005; am §§ 8, 9 ch 24 SLA 2020)

Effect of amendments. —

The 2020 amendment, effective January 1, 2021, in (a), substituted “shall” for “may” following “lieutenant governor”; and added (b) – (e).

Sec. 44.50.073. Published summary.

The lieutenant governor may publish by electronic means for commissioned notaries public a summary of the provisions of this chapter and the regulations adopted under this chapter. The lieutenant governor shall, upon request, distribute the summary to each person who is commissioned a notary public under this chapter.

History. (§ 12 ch 60 SLA 2005)

Sec. 44.50.075. Notarial act performed for remotely located individual.

A remotely located individual may comply with AS 44.50.062 (5)(A) by using communication technology to appear before a notary public.
A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
1. the notary public has
  1. personal knowledge of the identity of the individual;
  2. obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under AS 44.50.062 (5)(A); or
  3. obtained satisfactory evidence of the identity of the remotely located individual by using
    1. a government-issued identification card;
    2. a credential analysis of the identification card described in (i) of this subparagraph; in this sub-subparagraph, “credential analysis” means a form of identity proofing by which a third person affirms the accuracy of a government-issued identification card; and
    3. at least one type of identity proofing;
2. the notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;
3. the notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and
4. for a remotely located individual located outside the United States,
  1. the record
    1. is to be filed with or relates to a matter before a public official, court, governmental entity, or other entity subject to the jurisdiction of the United States; or
    2. involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
  2. the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
If a notarial act is performed under this section, the notarial certificate required under AS 44.50.060 must state that the notarial act was performed using communication technology. A statement is sufficient if it states substantially as follows: “This notarial act involved the use of communication technology.”
A notary public, guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under (b)(3) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by regulation adopted under (f)(4) of this section, the recording must be retained for a period of at least 10 years after the recording is made.
Before a notary public performs the notary public’s initial notarial act under this section, the notary public shall notify the lieutenant governor that the notary public will be performing notarial acts with respect to remotely located individuals and identify the communication technologies the notary public intends to use. If the lieutenant governor has established standards under (f)(3) of this section or AS 44.50.072 for approval of communication technology or identity proofing, the communication technologies and identity proofing must conform to the standards.
In addition to adopting regulations under AS 44.50.072 , the lieutenant governor may adopt regulations regarding performance of a notarial act under this section. The regulations may
1. prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
2. establish standards for communication technology and identity proofing;
3. establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and
4. establish standards and a period for the retention of an audiovisual recording created under (b)(3) of this section.
Before adopting, amending, or repealing a regulation governing performance of a notarial act with respect to a remotely located individual, the lieutenant governor shall consider
1. the most recent standards regarding the performance of a notarial act with respect to a remotely located individual adopted by national standard-setting organizations;
2. standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and
3. the views of other governmental officials and entities and other interested persons.
By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audiovisual recording created under (b)(3) of this section, the provider of the communication technology, identity proofing, or storage appoints the lieutenant governor as the provider’s agent for service of process in any civil action in this state related to the notarial act.
In this section,
1. “foreign state” means a jurisdiction other than the United States, a state, or a federally recognized tribe;
2. “outside the United States” means a location outside the geographic boundaries of the United States, the Commonwealth of Puerto Rico, the United States Virgin Islands, and a territory, insular possession, or other location subject to the jurisdiction of the United States.

History. (§ 10 ch 24 SLA 2020)

Effective dates. —

Section 21, ch. 24, SLA 2020 makes this section effective January 1, 2021.

Sec. 44.50.078. Journal.

A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs under AS 44.50.075 . The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.
A notary public may create a journal on a tangible medium or in an electronic format. A notary public shall maintain at least one journal in a tangible medium to chronicle all notarial acts described in (a) of this section. A notary public may maintain one or more journals in an electronic format to chronicle all notarial acts described in (a) of this section. If a journal is maintained in an electronic format, the journal must be in a permanent, tamper-evident electronic format complying with the regulations of the lieutenant governor under AS 44.50.072 .
A notary public shall make an entry in a journal contemporaneously with performance of the notarial act, and an entry must contain the following information:
1. the date and time of the notarial act;
2. a description of the record, if any, and type of notarial act;
3. the full name and address of each individual for whom the notarial act is performed;
4. if identity of the individual is based on personal knowledge, a statement to that effect;
5. if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of the identification credential; and
6. the fee, if any, charged by the notary public.
If a notary public’s journal is lost or stolen, the notary public shall promptly notify the lieutenant governor upon discovering that the journal is lost or stolen.
Upon resignation from, or revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with (a) of this section and inform the lieutenant governor where the journal is located.

History. (§ 11 ch 24 SLA 2020)

Effective dates. —

Section 21, ch. 24, SLA 2020 makes this section effective January 1, 2021.

Secs. 44.50.080 — 44.50.140. Seal; Protest of bill or note; Return of papers to lieutenant governor; Application of Administrative Procedure Act to revocation of notary commission; Bond; Filing oath and bond; Disposition of bond. [Repealed, § 14 ch 60 SLA 2005.]

Sec. 44.50.145. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record.

A notary public may select one or more tamper-evident technologies with which to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the lieutenant governor that the notary public will be performing notarial acts with respect to electronic records and identify the communication technology the notary public intends to use. If the lieutenant governor has established standards for approval of communication technology under AS 44.50.072 or 44.50.075 , the technology must conform to the standards. If the communication technology conforms to the standards, the lieutenant governor shall approve the use of the communication technology.
A recorder may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.

History. (§ 12 ch 24 SLA 2020)

Effective dates. —

Section 21, ch. 24, SLA 2020 makes this section effective January 1, 2021.

Sec. 44.50.150. Copy of bond as evidence.

A certified copy of the record of the official bond with all affidavits, acknowledgments, endorsements, and attachments may be read in evidence with the same effect as the original, without further proof.

History. (§ 10 ch 99 SLA 1961)

Sec. 44.50.160. Misconduct or neglect.

A notary and the sureties on the official bond are liable to persons injured for the damages sustained on account of misconduct or neglect of the notary.

History. (§ 11 ch 99 SLA 1961)

Collateral references. —

58 Am. Jur. 2d, Notaries Public, §§ 54-69.

66 C.J.S., Notaries, §§ 5, 18-27.

Liability of notary public or his bond for negligence in performance of duties. 44 ALR3d 555.

Liability of notary public or his bond for wilful or deliberate misconduct in performance of duties. 44 ALR3d 1243.

Sec. 44.50.165. Validity of notarial acts.

The failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on a law of this state other than this chapter or a law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform a notarial act.

History. (§ 13 ch 24 SLA 2020)

Effective dates. —

Section 21, ch. 24, SLA 2020 makes this section effective January 1, 2021.

Sec. 44.50.170. State employees as notaries. [Repealed, § 14 ch 60 SLA 2005.]

Sec. 44.50.180. Postmasters as notaries.

Each postmaster in the state may perform the functions of a notary public in the state.
Each official act of a postmaster as a notary public shall be signed by the postmaster, with a designation of the person’s title as postmaster, shall have the cancellation stamp of the post office affixed, and shall state the name of the post office and the date on which the act was done.
[Repealed, § 14 ch 60 SLA 2005.]
Nothing in this chapter requires a postmaster to post a bond or to have a commission.

History. (§§ 4, 13 ch 99 SLA 1961; am § 14 ch 60 SLA 2005)

Revisor’s notes. —

Subsection (d) formerly AS 44.50.050 . Renumbered in 1989.

Sec. 44.50.185. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, and supersedes 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act) but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).

History. (§ 14 ch 24 SLA 2020)

Effective dates. —

Section 21, ch. 24, SLA 2020 makes this section effective January 1, 2021.

Sec. 44.50.190. Savings clause. [Repealed, § 14 ch 60 SLA 2005.]

Sec. 44.50.200. Definitions.

In this chapter, unless the context otherwise requires,

“acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record;
“communication technology” means an electronic device or process that
1. allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
2. when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a visual, hearing, or speech impairment;
“convicted” or “conviction” means that the person has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury;
“electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
“electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record;
“identity proofing” means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources;
“in a representative capacity” means acting as
1. an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
2. a public officer, personal representative, guardian, or other representative in the capacity stated in a record;
3. an agent or attorney-in-fact for a principal; or
4. an authorized representative of another in any other capacity;
“notarial act” means an act, whether performed with respect to a tangible or electronic record, that is identified as a notarial act under AS 09.63.120 and an act that a notary public is directed to perform under AS 44.50.060 ;
“notarial officer” means a notary public or other individual authorized to perform a notarial act;
“notary public” means a person commissioned to perform notarial acts under this chapter;
“record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
“remotely located individual” means an individual who is not in the physical presence of a notary public who performs a notarial act under AS 44.50.075 ;
“sign” means, with present intent to authenticate or adopt a record, to
1. execute or adopt a tangible symbol; or
2. attach to or logically associate with the record an electronic symbol, sound, or process;
“signature” means a tangible symbol or an electronic signature that evidences the signing of a record.

History. (§ 13 ch 60 SLA 2005; am §§ 15, 16 ch 24 SLA 2020)

Revisor's notes. —

In 2020, the paragraphs in this section were reorganized to maintain alphabetical order.

Effect of amendments. —

The 2020 amendment, effective January 1, 2021, in (2) [now (8)], added “, whether performed with respect to a tangible or electronic record,”; added (4) [now (1)], (5) [now (2)], (6) [now (4)], (7) [now (5)], (8) [now (6)], (9) [now (7)], (10) [now (9)], (11) - (14), renumbering the existing paragraphs accordingly to maintain alphabetical order.

Chapter 53. Foreign Commissioners for Acknowledgments.

[Repealed, § 6 ch 37 SLA 1981.]

Chapter 54. Commercial Fishing and Agriculture Bank.

[Renumbered as AS 44.81.]

Chapter 55. Alaska Gas Pipeline Financing Authority.

[Renumbered as AS 44.82.]

Chapter 56. Alaska Power Authority.

[Renumbered as AS 44.83. Former AS 44.56 was repealed by § 1, ch 164, SLA 1975.]

Chapter 57. Alaska Toll Bridge Authority.

[Repealed, § 78 ch 106 SLA 1980.]

Chapter 58. Alaska Municipal Bond Bank Authority.

[Renumbered as AS 44.85.]

Chapter 59. State Development Corporation.

[Repealed, § 78 ch 106 SLA 1980.]

Chapter 60. Small Business Development Corporation of Alaska.

[Repealed, § 78 ch 106 SLA 1980.]

Chapter 61. Alaska Industrial Development Authority.

[Renumbered as AS 44.88.]

Chapter 62. Administrative Procedure Act.

Revisor’s notes. —

In 1971 “lieutenant governor” was substituted for “secretary of state” in this chapter to conform with the 1970 amendment to the state constitution.

Notes to Decisions

This chapter applies to the Alaska State Housing Authority. Alaska State Hous. Auth. v. Dixon, 496 P.2d 649 (Alaska 1972).

And its provisions must be adhered to. —

There being no express exclusion of Alaska State Housing Authority from the Administrative Procedure Act, ASHA is bound to adhere to the provisions of this chapter. ASHA’s separate corporate nature does not detract from this conclusion. The legislature may have had a special reason for choosing the corporate vehicle; e.g., to insulate the state from potential liabilities. Alaska State Hous. Auth. v. Dixon, 496 P.2d 649 (Alaska 1972).

Review of prison disciplinary proceedings is not covered by the Alaska Administrative Procedure Act. Dep't of Corr. v. Kraus, 759 P.2d 539 (Alaska 1988).

Establishment of quotas by the Board of Game on the taking of game must be in accordance with this chapter. State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

As must regulations providing for subsistence hunting. —

While statute authorizing the Board of Game to adopt regulations providing for subsistence hunting, did not specifically refer to this chapter, it appeared clear that it merely set forth an additional purpose for which regulations may be promulgated. State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Issuance of permits for killing caribou based on verbal instructions to agents. —

The issuance of permits for killing caribou in certain specified areas of the state based on verbal instructions to the permit agents as to the need of individual applicants does not conform to requirements of this chapter. State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Nothing in this chapter authorizes the Board of Game to impose requirements not contained in written regulations by means of oral instructions to agents. Such verbal additions to regulations involving requirements of substance are unauthorized and unenforceable. State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Department of Administration/Department of Corrections. —

Neither the Department of Administration nor the Department of Corrections is among the agencies listed in AS 44.62.330(a) , and thus they are not covered by the Administrative Procedure Act. KILA, Inc. v. State, Dep't of Admin., 876 P.2d 1102 (Alaska 1994).

Remand to determine compliance with chapter. —

Where defendant was erroneously barred from challenging regulations prohibiting hunting with the aid of an artificial light and applying the prohibition against subsistence hunters, the case was remanded to allow defendant to demonstrate that the regulations were adopted without compliance with the Administrative Procedures Act. Totemoff v. State, 905 P.2d 954 (Alaska 1995), cert. denied, 517 U.S. 1244, 116 S. Ct. 2499, 135 L. Ed. 2d 190 (U.S. 1996).

Cited in

Hammond v. Hickel, 588 P.2d 256 (Alaska 1978); In re Simpson, 645 P.2d 1223 (Alaska 1982); Chevron U.S.A., Inc. v. Le Resche, 663 P.2d 923 (Alaska 1983); Pan Am. Petro. Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969); Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973); Sullivan v. Alaska Bar Ass'n, 551 P.2d 531 (Alaska 1976); Dresser Indus. v. Alaska Dep't of Labor, 633 P.2d 998 (Alaska 1981); Wien Air Alaska, Inc. v. State, Dep't of Revenue, 647 P.2d 1087 (Alaska 1982); Wickersham v. Commercial Fisheries Entry Comm'n, 680 P.2d 1135 (Alaska 1984); Miners Advocacy Council, Inc. v. State, Dep't of Envtl. Conservation, 778 P.2d 1126 (Alaska 1989).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 1 et seq.

73 C.J.S., Public Administrative Law and Procedure, §§ 57-78.

Article 1. Application and Effect.

Sec. 44.62.010. Application to State Organization Act of 1959.

Rule-making power conferred by ch 64 SLA 1959 is subject to this chapter.

History. (§ 2(4) art I (ch 1) ch 143 SLA 1959)

Revisor’s notes. —

It is not possible to eliminate the reference to ch 64 SLA 1959 in the above section. The rule-making powers referred to are scattered throughout this revision.

Notes to Decisions

Adoption of regulations. —

Discovery rule imposed was invalid because the Alaska Workers’ Compensation Board (Board) did not adopt it as a regulation under AS 44.62.010 — 44.62.950 ; therefore, the Board erred in reversing the Reemployment Benefit Administrator’s determination finding the employee eligible for a reemployment eligibility evaluation. Burke v. Houston Nana, L.L.C., 222 P.3d 851 (Alaska 2010).

Cited in

Dayhoff v. Temsco Helicopters, 772 P.2d 1085 (Alaska 1989); Turpin v. North Slope Borough, 879 P.2d 1009 (Alaska 1994); Sengupta v. Univ. of Alaska, 139 P.3d 571 (Alaska 2006); Estrada v. State, 362 P.3d 1021 (Alaska 2015); North Slope Borough v. State, 484 P.3d 106 (Alaska 2021).

Sec. 44.62.020. Authority to adopt, administer, or enforce regulations.

Except for the authority conferred on the lieutenant governor in AS 44.62.130 — 44.62.170 , AS 44.62.010 — 44.62.319 do not confer authority on or augment the authority of a state agency to adopt, administer, or enforce a regulation. To be effective, each regulation adopted must be within the scope of authority conferred and in accordance with standards prescribed by other provisions of law.

History. (§ 4 art I (ch 1) ch 143 SLA 1959; am § 11 ch 7 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in the first sentence, substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ” and made stylistic changes.

Notes to Decisions

Authorization for regulations. —

In determining whether a regulation is authorized by statute the Court of Appeals of Alaska looks to four things: First, the scope of authority conferred by the authorizing statute; second, the extent to which the regulation is in accordance with “standards prescribed by other provisions of law”; third, the extent to which the regulation is consistent with the authorizing statute; and fourth, the extent to which the regulation is reasonably necessary to carry out the purpose of the authorizing statute. Beran v. State, 705 P.2d 1280 (Alaska Ct. App. 1985).

By expressly adopting the pertinent portions of the federal regulations and revising them as necessary to apply them to Alaska roadways, the Department acted consistent with its statutory authority and the legislature’s objective; defendant did not show that the State lacked the authority to adopt and enforce commercial motor vehicle regulations patterned on the corresponding federal regulations, nor did he show that the state’s commercial motor vehicle regulations were unconstitutional or otherwise invalid. Davis v. State, 235 P.3d 1017 (Alaska Ct. App. 2010).

Meaning of “in accordance with standards prescribed by other provisions of law.” —

The words of this section, “in accordance with standards prescribed by other provisions of law,” mean nothing more than if standards are prescribed by provisions of law other than those contained in this chapter, then they must be recognized and adhered to. This language does not mean that regulations cannot be validly adopted by an administrative agency “unless” standards have been prescribed. Boehl v. Sabre Jet Room, 349 P.2d 585 (Alaska 1960).

In the absence of express statutory authorization a regulation imposing strict liability but providing for punishment by possible imprisonment is not “in accordance with standards prescribed by other provisions of law.” Beran v. State, 705 P.2d 1280 (Alaska Ct. App. 1985).

Record should give explanation for regulation. —

This chapter does not specifically require a decisional statement when an agency promulgates a regulation; however, when an agency promulgates a regulation, the record should at least explain the reasons for the agency’s action. Johns v. Commercial Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988).

Fish and game harvest limits. —

Legislature authorized the Alaska Board of Fisheries to enact regulations that allow the Department of Fish and Game to establish harvest limits through a permitting process; the Board is given the authority to control or supervise all facets of fishing, and the Legislature has given the Board the authority to enact regulations providing for the issuance of subsistence permits as needed for authorizing, regulating, and monitoring the subsistence harvest of fish. State v. Estrada, 315 P.3d 688 (Alaska Ct. App. 2013), rev'd, 362 P.3d 1021 (Alaska 2015).

Judicial review of administrative regulation. —

Where an administrative regulation has been adopted in accordance with the procedures set forth in the Administrative Procedure Act, and it appears that the legislature has intended to commit to the agency discretion as to the particular matter that forms the subject of the regulation, the supreme court will review the regulation in the following manner: First, it will ascertain whether the regulation is consistent with and reasonably necessary to carry out the purposes of the statutory provisions conferring rule-making authority on the agency. This aspect of review insures that the agency has not exceeded the power delegated by the legislature. Second, the supreme court will determine whether the regulation is reasonable and not arbitrary. This latter inquiry is proper in the review of any legislative enactment. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Standard of review. —

This section and AS 44.62.030 provide guidance as to the standard of review for regulations adopted pursuant to an administrative agency’s quasi-legislative rule-making function. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Applied in

State v. Anderson, 749 P.2d 1342 (Alaska 1988).

Quoted in

State v. Alyeska Pipeline Serv. Co., 723 P.2d 76 (Alaska 1986); Warner v. State, 819 P.2d 28 (Alaska 1991).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 130 et seq.

73 C.J.S., Public Administrative Law and Procedure, § 57 et seq.

Sec. 44.62.030. Consistency between regulation and statute.

If, by express or implied terms of a statute, a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, a regulation adopted is not valid or effective unless consistent with the statute and reasonably necessary to carry out the purpose of the statute.

History. (§ 5 art I (ch 1) ch 143 SLA 1959)

Notes to Decisions

Authorization for regulations. —

The Department acted consistent with its statutory authority and the legislature’s objective; defendant did not show that the State lacked the authority to adopt and enforce commercial motor vehicle regulations patterned on the corresponding federal regulations, nor did he show that the state’s commercial motor vehicle regulations were unconstitutional or otherwise invalid. Davis v. State, 235 P.3d 1017 (Alaska Ct. App. 2010).

Legislature authorized the Alaska Board of Fisheries to enact regulations that allow the Department of Fish and Game to establish harvest limits through the permitting process; the Board is given authority to control or supervise all facets of fishing, and the Legislature has given the Board the authority to enact regulations providing for the issuance of subsistence permits as needed for authorizing, regulating, and monitoring the subsistence harvest of fish. State v. Estrada, 315 P.3d 688 (Alaska Ct. App. 2013), rev'd, 362 P.3d 1021 (Alaska 2015).

Statute prevails over conflicting regulation. —

The statute delegating lawmaking power to government agencies to make law through regulations defines the agency’s authority to promulgate regulations; thus if there is a conflict between the statute and a regulation, the statute prevails. Chevron U.S.A., Inc. v. Hammond (A77-195 Civil) (D. Alaska 1978).

Attorney general could not save provisions of former AS 30.25 from unconstitutionality under Alaska Const., art. IX, § 7, by directing promulgation of regulations inconsistent with statute. See Chevron U.S.A., Inc. v. Hammond (A77-195 Civil) (D. Alaska 1978).

Regulation accorded presumption of validity. —

An administrative regulation must be accorded a presumption of validity, and the challenger of the regulation must demonstrate its invalidity. Union Oil Co. v. Department of Natural Resources, 574 P.2d 1266 (Alaska 1978).

Judicial review of administrative regulation. —

Where an administrative regulation has been adopted in accordance with the procedures set forth in the Administrative Procedure Act, and it appears that the legislature has intended to commit to the agency discretion as to the particular matter that forms the subject of the regulation, the supreme court will review the regulation in the following manner: First, it will ascertain whether the regulation is consistent with and reasonably necessary to carry out the purposes of the statutory provisions conferring rule-making authority on the agency. This aspect of review insures that the agency has not exceeded the power delegated by the legislature. Second, the court will determine whether the regulation is reasonable and not arbitrary. This latter inquiry is proper in the review of any legislative enactment. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Standard of review. —

This section and AS 44.62.020 provide guidance as to the standard of review for regulations adopted pursuant to an administrative agency’s quasi-legislative rule-making function. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Regulation invalid under this section. —

Regulation prohibiting travel on the Dalton Highway without a permit was invalid, as it bore no reasonable relation to the state’s authority to maintain the highway. State v. Alyeska Pipeline Serv. Co., 723 P.2d 76 (Alaska 1986).

Applied in

State v. Anderson, 749 P.2d 1342 (Alaska 1988); State v. Korean Air Lines Co., 776 P.2d 315 (Alaska 1989); Trustees ex rel Alaska v. Gorsuch, 835 P.2d 1239 (Alaska 1992).

Quoted in

Chevron U.S.A., Inc. v. Le Resche, 663 P.2d 923 (Alaska 1983); Kuhn v. State, 692 P.2d 261 (Alaska 1984); State v. Eluska, 698 P.2d 174 (Alaska Ct. App. 1985); Warner v. State, 819 P.2d 28 (Alaska 1991); Kuzmin v. State, 223 P.3d 86 (Alaska 2009).

Cited in

Fairbanks N. Star Borough Sch. Dist. v. Nea-Alaska, Inc, 817 P.2d 923 (Alaska 1991); Stepovak-Shumagin Set Net Ass'n v. State, Bd. of Fisheries, 886 P.2d 632 (Alaska 1994); Department of Revenue v. OSG Bulk Ships, 961 P.2d 399 (Alaska 1998); Dep't of Health & Soc. Servs., Div. of Pub. Assistance v. Gross, 347 P.3d 116 (Alaska 2015); City of Valdez v. State, 372 P.3d 240 (Alaska 2016).

Article 2. Submission, Filing, and Publication of Regulations.

Sec. 44.62.040. Submitting regulations.

Subject to (c) of this section, every state agency that by statute possesses regulation-making authority shall submit to the lieutenant governor for filing a certified original and one duplicate copy of every regulation or order of repeal adopted by it, except one that
1. establishes or fixes rates, prices, or tariffs;
2. relates to the use of public works, including streets and highways, under the jurisdiction of a state agency if the effect of the order is indicated to the public by means of signs or signals; or
3. is directed to a specifically named person or to a group of persons and does not apply generally throughout the state.
Citation of the general statutory authority under which a regulation is adopted, as well as citation of specific statutory sections being implemented, interpreted, or made clear, must follow the text of each regulation submitted under (a) of this section.
Before submitting the regulations and orders of repeal to the lieutenant governor under (a) of this section, every state agency that by statute possesses regulation making authority, except the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission, the office of victims’ rights, and the office of the ombudsman, shall submit to the governor for review a copy of every regulation or order of repeal adopted by the agency, except regulations and orders of repeal identified in (a)(1) and (2) of this section. The governor may review the regulations and orders of repeal received under this subsection. The governor may return the regulations and orders of repeal to the adopting agency before they are submitted to the lieutenant governor for filing under (a) of this section within 30 days if they are inconsistent with the faithful execution of the laws. The governor may not delegate the governor’s review authority under this subsection to a person other than the lieutenant governor.

History. (§ 1 art II (ch 1) ch 143 SLA 1959; am § 1 ch 40 SLA 1969; am §§ 2, 3 ch 64 SLA 1995; am § 27 ch 92 SLA 2001; am § 2 ch 87 SLA 2014; am § 12 ch 7 SLA 2018)

Revisor’s notes. —

In 1995, at the end of the first sentence of subsection (c), “of this section” was inserted to correct a manifest error in § 3, ch. 64, SLA 1995.

Effect of amendments. —

The 2014 amendment, effective October 14, 2014, in (c), in the first sentence, substituted “the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission” for “boards and commissions” following “regulation making authority, except” and made a stylistic change, in the third sentence, inserted “within 30 days” following “under (a) of this section”.

The 2018 amendment, effective August 1, 2018, in the third sentence of (c), deleted “, or (2) to enable the adopting agency to respond to specific issues raised by the Administrative Regulation Review Committee”, and made a related change.

Editor’s notes. —

Under sec. 12, ch. 87, SLA 2014, the 2014 amendments to subsection (c) apply “to proposed regulations first published under AS 44.62.190 on or after October 14, 2014.”

Opinions of attorney general. —

Alaska’s statutes establish that filing of regulations by the office of the lieutenant governor is a mandatory duty. The statutes do not confer discretion on the lieutenant governor to decide not to file the regulations; accordingly, the duty is ministerial. The purpose of the filing requirement is to provide public notice of the regulations, not to provide the lieutenant governor with veto power over regulations adopted in accordance with the APA. January 1, 1994 Op. Att’y Gen.

Notes to Decisions

Regulations adopted by the Commissioner of Natural Resources are subject to the rule-making provisions of the Administrative Procedure Act and must be adopted according to the procedures set forth therein. Among the required procedures for adoption of regulations are notice of the proposed adoption, a public hearing in which any interested person may submit statements to the agency, filing of the regulation, if adopted, with the secretary of state, and publication. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Regulations promulgated under AS 15.15.330 , dealing with the early counting of election votes, are not exempt from the requirements of the Administrative Procedure Act (AS 44.62) by operation of this section and AS 44.62.640 . Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

The lieutenant governor’s supervision of personnel and activities relating to the conduct of a statewide election is not the same as the management of employees and internal affairs of a state agency. Executive organization of the election machinery goes well beyond the lieutenant governor’s control of his own staff and their actions. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Submission of regulations to lieutenant governor. —

Legislature authorized the Alaska Board of Fisheries to enact regulations that allow the Department of Fish and Game to establish harvest limits through the permitting process; the Board has been enacting this type of regulation for decades, i.e., regulations that allow the Department of Fish and Game to set harvest limits and other harvesting restrictions through the permitting process, and the Legislature has never taken action to prohibit or restrict the Board’s practice. State v. Estrada, 315 P.3d 688 (Alaska Ct. App. 2013), rev'd, 362 P.3d 1021 (Alaska 2015).

Failure to specify in regulation incorporating building code where copies of code could be obtained did not invalidate regulation. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Cited in

Smart v. State, 237 P.3d 1010 (Alaska 2010).

Sec. 44.62.050. Style and forms.

The Department of Law shall prepare and shall revise when necessary a drafting manual for administrative regulations that prescribes the style and forms for submitting regulations under AS 44.62.040 .

History. (§ 2 art II (ch 1) ch 143 SLA 1959; am § 3 ch 70 SLA 1966; am § 1 ch 57 SLA 1969; am § 1 ch 64 SLA 1978)

Sec. 44.62.060. Preparation and filing.

Every state agency that by statute possesses regulation-making authority shall work with the Department of Law, under AS 44.62.125 , in the preparation and revision of its regulations and shall adhere to the drafting manual for administrative regulations prepared by the Department of Law under AS 44.62.050 .
In the performance of duties under AS 44.62.125 , the Department of Law shall advise the agencies on legal matters relevant to the adoption of regulations and may advise the agencies on the need for and the policy involved in particular regulations. In addition, the department shall prepare a written statement of approval or disapproval after each regulation has been reviewed in order to determine
1. its legality, constitutionality, and consistency with other regulations;
2. the existence of statutory authority and the correctness of the required citation of statutory authority following each section;
3. its clarity, simplicity of expression, and absence of possibility of misapplication;
4. compliance with the drafting manual for administrative regulations.
The lieutenant governor may not accept for filing a regulation, amendment, or order of repeal required by AS 44.62.040 unless it is accompanied by the written statement specified in (b) of this section and the statement approves the regulation, amendment, or order of repeal.

History. (§ 3 art II (ch 1) ch 143 SLA 1959; am § 1 ch 149 SLA 1962; am § 4 ch 70 SLA 1966; am § 1 ch 58 SLA 1969; am § 2 ch 64 SLA 1978)

Notes to Decisions

Agency cannot adopt future amendments to code, etc., by reference. —

According to the Legislative Affairs Agency [now Department of Law] drafting manual, an administrative agency may not adopt by reference a code or set of standards from another state, the federal government, or a private organization and provide that future amendments as they become effective are being adopted also. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

One reason for the prohibition against delegation of the future law-making power of the state to private groups is that when amendments are adopted by these groups the public does not necessarily receive notice of, or have an opportunity to comment on or criticize, the amendments, as it does when they are adopted by the legislature or promulgated under this chapter. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Clause of regulation incorporating future amendments held severable. —

Clause of an administrative regulation incorporating 1955 Uniform Building Code which also incorporated all future amendments of the code was separable from the rest of the administrative regulation, leaving the 1955 Uniform Building Code provisions applicable in a negligence action based on the death of a guest in a motel fire. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Cited in

Turpin v. North Slope Borough, 879 P.2d 1009 (Alaska 1994).

Sec. 44.62.070. Fees.

A state officer or public official may not charge a fee to perform an official act in connection with the certification, submission, or filing of regulations under AS 44.62.040 — 44.62.120 .

History. (§ 4 art II (ch 1) ch 143 SLA 1959; am § 2 ch 40 SLA 1969)

Sec. 44.62.080. Endorsement and filing.

The lieutenant governor shall
1. endorse on the certified copy of each regulation or order of repeal filed, the time and date of filing; and
2. maintain, for five years after filing, a permanent file of the certified copies of regulations and orders of repeal for public inspection; after the certified copies have been on file for five years, the lieutenant governor shall transfer the permanent file of the copies to the state archivist (AS 40.21.020 ) annually, on or before January 1 of each year.
The state archivist shall have and maintain, for public inspection, the permanent file of the certified copies of regulations and orders of repeal transferred to the archivist by the lieutenant governor under (a)(2) of this section.

History. (§ 5 art II (ch 1) ch 143 SLA 1959; am § 3 ch 40 SLA 1969; am E.O. 103 §§ 2, 3 (2002))

Notes to Decisions

Statements as to location of text incorporated by reference. —

This chapter does not require that a clause be inserted in each regulation stating where a text incorporated by reference can be found. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Insertion into regulations of clauses stating location of a text incorporated by reference appears to be unnecessary since by law a copy of the text must be available at the lieutenant governor’s office. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Failure to specify in regulation incorporating building code where copies of code could be obtained did not invalidate regulation. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Sec. 44.62.090. Filing with local government unit clerks. [Repealed, § 2 ch 57 SLA 1969.]

Sec. 44.62.100. Presumptions from filing.

The filing of a certified copy of a regulation or an order of repeal by the lieutenant governor raises the rebuttable presumptions that
1. it was duly adopted;
2. it was duly filed and made available for public inspection at the day and hour endorsed on it;
3. all requirements of this chapter and the regulations relative to the regulation have been complied with;
4. the text of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted.
The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed.

History. (§ 7 art II (ch 1) ch 143 SLA 1959; am § 4 ch 40 SLA 1969)

Notes to Decisions

This section establishes a rebuttable presumption that the procedural requirements for the promulgation of administrative regulations have been satisfied. Kingery v. Chapple, 504 P.2d 831 (Alaska 1972); State v. First Nat'l Bank, 660 P.2d 406 (Alaska 1982); Gilbert v. Dept. of Fish & Game, Bd. of Fisheries, 803 P.2d 391 (Alaska 1990).

Regulation upheld. —

Where a mixed stock regulation was the product of a four-day meeting in which the fisheries board took a hard look at the issues and justified its decisions through written findings, and where the regulation was not so indefinite or uncertain that it could be overturned as facially vague or devoid of substance, it was a valid exercise of discretion. Native Village of Elim v. State, 990 P.2d 1 (Alaska 1999).

Applied in

Koyukuk River Basin Moose Co-Management v. Bd. of Game, 76 P.3d 383 (Alaska 2003).

Stated in

State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978); Chevron U.S.A., Inc. v. Le Resche, 663 P.2d 923 (Alaska 1983).

Cited in

Trustees for Alaska v. State, Dep't of Nat. Res., 795 P.2d 805 (Alaska 1990).

Sec. 44.62.110. Presumptions from publication.

The publication of a regulation in the Alaska Administrative Code or register raises a rebuttable presumption that the text of the regulation as so published is the text of the regulation adopted.
The courts shall take judicial notice of the contents of each regulation or notice of the repeal of a regulation printed in the Alaska Administrative Code or Alaska Administrative Register.

History. (§ 8 art II (ch 1) ch 143 SLA 1959)

Sec. 44.62.120. Voluntary submitting and publication.

With the approval of the lieutenant governor, a state agency may submit to the lieutenant governor for filing a regulation or order of repeal of a regulation not required by AS 44.62.040 to be submitted. If the lieutenant governor accepts the regulation or order of repeal, the lieutenant governor shall endorse and file it as required in AS 44.62.080 , and may publish the regulation or order of repeal in the manner the lieutenant governor considers proper.

History. (§ 9 art II (ch 1) ch 143 SLA 1959; am § 5 ch 40 SLA 1969)

Sec. 44.62.125. Regulations attorney.

In the Department of Law a particular attorney, called the regulations attorney, shall be assigned, as the attorney’s primary responsibility, the functions relating to the handling of administrative regulations.
The department shall
1. advise all state administrative agencies of the nature and use of administrative regulations;
2. alert the agencies to statutes that need to be implemented, interpreted, or made clear by regulation;
3. continually review the regulations, make recommendations to the respective agencies concerning deficiencies, conflicts, and obsolete provisions in and the need for reorganization or revision of the regulations, and prepare regulations to be adopted by the agencies, correcting or removing the deficiencies, conflicts, and obsolete provisions;
4. work with all administrative agencies possessing regulation-making power in drafting all new regulations, advising the agencies of legal problems encountered, and ensuring compliance with the drafting manual for administrative regulations prepared by the Department of Law under AS 44.62.050 ;
5. assist the agencies in holding public hearings under AS 44.62.210 ;
6. to the extent necessary after regulations have been filed by the lieutenant governor, edit and revise them for consolidation into the Alaska Administrative Code in the manner provided for the revisor of statutes under AS 01.05.031 ;
7. draft bills for consideration by the governor to transfer matter that should be statutory law from the Alaska Administrative Code to the Alaska Statutes and to clarify agency regulatory power when clarification is needed.

History. (§ 2 ch 58 SLA 1969; am § 3 ch 64 SLA 1978)

Article 3. The Alaska Administrative Register and Code.

Sec. 44.62.130. Codification and publication.

The lieutenant governor shall provide for the continuing compilation, codification, and publication, with periodic supplements, of all regulations filed by the lieutenant governor’s office, or of appropriate references to any regulations the printing of which the lieutenant governor finds to be impractical, such as detailed schedules or forms otherwise available to the public, or which are of limited or particular application. The publication of compiled regulations is the Alaska Administrative Code. The periodic supplements to it are the Alaska Administrative Register. The code and register must contain appropriate annotations to judicial decisions and opinions of the attorney general.
The Department of Law shall prescribe a uniform system of indexing, numbering, arrangement of text, and citation of authority and history notes for the Alaska Administrative Code.

History. (§ 1 art III (ch 1) ch 143 SLA 1959; am § 1 ch 70 SLA 1966; am § 6 ch 40 SLA 1969; am § 101 ch 59 SLA 1982)

Administrative Code. —

For Alaska regulations, see 1 AAC 5.

For inspections, citations, and proposed penalties, see 8 AAC 61, art. 2.

Notes to Decisions

Regulations adopted by the Commissioner of Natural Resources are subject to the rule-making provisions of the Administrative Procedure Act (AS 44.62) and must be adopted according to the procedures set forth therein. Among the required procedures for adoption of regulations are notice of the proposed adoption, a public hearing in which any interested person may submit statements to the agency, filing of the regulation, if adopted, with the secretary of state, and publication. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Failure to specify where copies of code were located. —

Failure to specify in regulation incorporating building code where copies of code could be obtained did not invalidate regulation. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Cited in

Smart v. State, 237 P.3d 1010 (Alaska 2010); State v. Estrada, 315 P.3d 688 (Alaska Ct. App. 2013).

Sec. 44.62.140. Distribution of code and register.

Except as provided in this section, the lieutenant governor shall supply a complete set of the Alaska Administrative Code, and of the Alaska Administrative Register, and of each supplement to the code or register to the clerk of each local government unit, or if the authority to accept filings is delegated, to the person to whom this authority is delegated. A local government unit may decide to be excluded from the distribution requirements of this subsection. After receiving notice from the local government unit of the unit’s decision to be excluded, the lieutenant governor shall exclude that local government unit from the distribution requirements of this subsection.
A local government unit that requests to be excluded from the distribution requirements of (a) of this section may request to start receiving distributions as described under (a) of this section by providing written notice to the lieutenant governor. No later than July 1 of the fiscal year following receipt of notice by the lieutenant governor, the lieutenant governor shall include the local government unit in the distribution.

History. (§ 2 art III (ch 1) ch 143 SLA 1959; am §§ 1, 2 ch 82 SLA 2008)

Effect of amendments. —

The 2008 amendment, effective July 1, 2008, added “Except as provided in this section” at the beginning of subsection (a), added the last two sentences of subsection (a), and added subsection (b).

Legislative history reports. —

For governor’s transmittal letter for ch. 82, SLA 2008 (HB 344) proposing the 2008 amendments to this section, see 2008 House Journal 1829 — 1830.

Sec. 44.62.150. Price. [Repealed, § 49 ch 127 SLA 1974.]

Sec. 44.62.160. Date and content of register.

The Alaska Administrative Register shall be published quarterly on the first day of the month. All regulations required to be submitted under AS 44.62.040 that are filed by the first day of the month preceding publication shall be published in the register for that quarter.
If during a quarter no regulation, amendment, or order of repeal has been filed the regular quarterly register shall be published reflecting that fact.

History. (§ 4 art III (ch 1) ch 143 SLA 1959; am § 3 ch 58 SLA 1969; am § 28 ch 23 SLA 1995)

Sec. 44.62.170. Form of publication. [Repealed, § 2 ch 57 SLA 1969.]

Sec. 44.62.175. Alaska Online Public Notice System.

The lieutenant governor shall develop and supervise the Alaska Online Public Notice System, to be maintained on the state’s site on the Internet. The lieutenant governor shall prescribe the form of notices posted on the system by state agencies. The Alaska Online Public Notice System must include
1. notices of proposed actions given under AS 44.62.190(a) ;
2. notices of state agency meetings required under AS 44.62.310(e) , even if the meeting has been held;
3. notices of solicitations to bid issued under AS 36.30.130 ;
4. notices of state agency requests for proposals issued under AS 18.55.255 , 18.55.320 ; AS 36.30.210 ; AS 37.05.316 ; AS 38.05.120 ; and AS 43.40.010 ;
5. executive orders and administrative orders issued by the governor;
6. written delegations of authority made by the governor or the head of a principal department under AS 44.17.010 ;
7. the text or a summary of the text of a regulation or order of repeal of a regulation for which notice is given under AS 11.71.125 or AS 44.62.190(a) , including an emergency regulation or repeal regardless of whether it has taken effect;
8. notices required by AS 44.62.245(b) regarding an amended version of a document or other material incorporated by reference in a regulation;
9. a summary of the text of recently issued published opinions of the attorney general;
10. a list of vacancies on boards, commissions, and other bodies whose members are appointed by the governor;
11. in accordance with AS 39.52.240(h) , advisory opinions of the attorney general;
12. notices required by AS 26.30.010(d) and (e) regarding applications for military facility zones; and
13. notices of substances scheduled by an emergency regulation under AS 11.71.125 .
The issuer of the notice, order, delegation, text, summary, or list in (a) of this section shall post on the Alaska Online Public Notice System the notice, order, delegation, text, summary, or list, prepared in the format required by the lieutenant governor.
A request for a printed copy of a required posting on the Alaska Online Public Notice System may be made under AS 40.25.110 — 40.25.220 to any state employee designated by the lieutenant governor to receive requests.
The lieutenant governor shall provide for a permanent, electronic archive system of notices posted on the Alaska Online Public Notice System under this section. Access to the electronic archive system shall be made available to the public.
The lieutenant governor may delegate duties under this section to qualified state employees.
A person may not maintain an action based on a posting or lack of posting on the Alaska Online Public Notice System.

History. (§ 2 ch 59 SLA 1985; am § 5 ch 87 SLA 1986; am § 48 ch 106 SLA 1986; am § 80 ch 138 SLA 1986; am § 76 ch 14 SLA 1987; am § 22 ch 90 SLA 1991; am § 3 ch 54 SLA 2000; am § 2 ch 20 SLA 2012; am § 28 ch 9 SLA 2013; am § 21 ch 22 SLA 2018)

Revisor’s notes. —

To correct manifest errors in (a)(4) of this section, a reference to AS 46.11.030 was deleted in 1985 because that section was repealed in 1983, and in 1986 a reference to AS 37.05.316 was substituted for a reference to AS 37.05.315(d) .

In 2000, in subsection (c), “AS 40.25.110 - 40.25.220 ” was substituted for “AS 09.25.110 - 09.25.220 ” to reflect the 2000 renumbering of AS 09.25.110 - 09.25.220 .

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, added (a)(12).

The 2013 amendment, effective May 10, 2013, in (a)(8), substituted “recently issued published opinions of the attorney general” for “recently issued formal opinions and memoranda of advice of the attorney general”.

The 2018 amendment, effective September 12, 2018, in (a), inserted “AS 11.71.125 or” in (a)(7), following “notice is given under”, added (a)(13), and made related changes.

Opinions of attorney general. —

A schedule of fixed monthly meetings of the Museum Collections Advisory Committee, published twice yearly, and stating date, time, and place of the meetings, is reasonable notice and satisfies the requirements of AS 44.62.310(e) . If the need for unscheduled meetings arises, the public may be notified by public service announcements, as long as the department is confident that the public will in fact be made aware of the meeting by the announcements. If in doubt, newspaper advertisements should be taken out to insure adequate notice. Regardless of the media used, three days notice, excluding weekends and holidays, should be considered the minimum necessary to satisfy the statutory requirements. Dec. 30, 1992 Op. Att’y Gen.

Article 4. Procedure for Adopting Regulations.

Opinions of attorney general. —

The Department of Labor can publish its list of designated toxic and hazardous substances pursuant to AS 18.60.030 (12) and AS 18.60.105(a) without going through the promulgation proceeding in the Administrative Procedure Act. The list is merely a compilation of chemicals and substances from sources already identified by the legislature. July 18, 1984 Op. Att’y Gen.

Sec. 44.62.180. Effective date.

A regulation or an order of repeal filed by the lieutenant governor becomes effective on the 30th day after the date of filing unless

otherwise specifically provided by the statute under which the regulation or order of repeal is adopted, in which event it becomes effective on the day prescribed by the statute;
it is a regulation prescribing the organization or procedure of an agency, in which event it becomes effective upon filing by the lieutenant governor or upon a later date specified by the state agency in a written instrument submitted with, or as part of, the regulation or order of repeal;
it is an emergency regulation or order of repeal adopted under AS 44.62.250 , in which case the finding and the statement of the facts constituting the emergency shall be submitted to the lieutenant governor, together with the emergency regulation or order of repeal, which, in that event only, becomes effective upon filing by the lieutenant governor or upon a later date specified by the state agency in a written instrument submitted with, or as part of, the regulation or order of repeal;
a later date is prescribed by the state agency in a written instrument submitted with, or as part of, the regulation or order of repeal.

History. (§ 3 art IV (ch 1) ch 143 SLA 1959; am § 7 ch 40 SLA 1969)

Notes to Decisions

Cited in

Mukluk Freight Lines v. Nabors Alaska Drilling, 516 P.2d 408 (Alaska 1973); Matanuska-Susitna Borough v. Hammond, 726 P.2d 166 (Alaska 1986); Turpin v. North Slope Borough, 879 P.2d 1009 (Alaska 1994); Exxon Mobil Corp. v. Dep't of Revenue, 488 P.3d 951 (Alaska 2021).

Sec. 44.62.190. Notice of proposed action.

At least 30 days before the adoption, amendment, or repeal of a regulation, notice of the proposed action shall be
1. published in the newspaper of general circulation or trade or industry publication that the state agency prescribes and posted on the Alaska Online Public Notice System; in the discretion of the state agency giving the notice, the requirement of publication in a newspaper or trade or industry publication may be satisfied by using a combination of publication and broadcasting; when broadcasting the notice, an agency may use an abbreviated form of the notice if the broadcast provides the name and date of the newspaper or trade or industry journal and the Internet address of the Alaska Online Public Notice System where the full text of the notice can be found;
2. furnished to every person who has filed a request for notice of proposed action with the state agency;
3. if the agency is within a department, furnished to the commissioner of the department;
4. when appropriate in the judgment of the agency,
  1. furnished to a person or group of persons whom the agency believes is interested in the proposed action; and
  2. published in the additional form and manner the state agency prescribes;
5. furnished to the Department of Law together with a copy of the proposed regulation, amendment, or order of repeal for the department’s use in preparing the opinion required after adoption and before filing by AS 44.62.060 ;
6. furnished by electronic format to all incumbent State of Alaska legislators.
If the form or manner of notice is prescribed by statute, in addition to the requirements of filing and furnishing notice under AS 44.62.010 — 44.62.300 , or in addition to the requirements of filing and mailing notice under other sections of this chapter, the notice shall be published, posted, mailed, filed, or otherwise publicized as prescribed by the statute.
The failure to furnish notice to a person as provided in this section does not invalidate an action taken by an agency under AS 44.62.180 — 44.62.290 .
Along with a notice furnished under (a)(2), (4)(A), or (6) of this section, the state agency, except the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, and the Alaska Oil and Gas Conservation Commission, shall include
1. the reason for the proposed action, including, if applicable, an identification of the law, order, decision, or other action of the federal government or a federal or state court that is the basis for the proposed action; in this paragraph, “federal government” means a department, agency, corporation, or instrumentality of the United States government;
2. the initial cost to the state agency of implementation;
3. the estimated annual costs, based on a good faith effort to estimate the costs in the aggregate for each of the following categories using the information available to the state agency, to
  1. private persons to comply with the proposed action;
  2. the state agency for implementation and to other state agencies to comply with the proposed action; and
  3. municipalities to comply with the proposed action;
4. the name of the contact person for the state agency; and
5. the origin of the proposed action.
Notwithstanding (a) of this section, if a person who is to receive a notice under (a) of this section requests that the state agency mail the notice, the state agency shall furnish the notice to the person by mail.
To the extent feasible, the subject line of electronic mail and the title of a written publication providing the information required by (d) of this section must give the reader a fair idea of the substance of the proposed new regulation, the proposed amended regulation, or the regulation proposed for repeal.
Along with a notice furnished under (a)(2), (4)(A), or (6) of this section, the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, and the Alaska Oil and Gas Conservation Commission shall include the reason for the proposed action, the initial cost of implementation to the state agency, the estimated annual costs of implementation to the state agency, the name of a contact person, and the origin of the proposed action.

History. (§ 5 art IV (ch 1) ch 143 SLA 1959; am § 2 ch 149 SLA 1962; am § 1 ch 3 SLA 1968; am § 16 ch 143 SLA 1968; am § 4 ch 64 SLA 1978; am § 5 ch 1 SLA 1982; am § 3 ch 59 SLA 1985; am § 1 ch 201 SLA 1990; am § 6 ch 74 SLA 1991; am § 1 ch 68 SLA 1992; am § 4 ch 64 SLA 1995; am § 4 ch 54 SLA 2000; am §§ 1, 2 ch 107 SLA 2000; am § 5 ch 164 SLA 2004; am § 13 ch 6 SLA 2012; am §§ 3, 4 ch 87 SLA 2014; am § 13 ch 7 SLA 2018)

Effect of amendments. —

The 2012 amendment, effective March 24, 2012, rewrote (a)(6), which read, “furnished by electronic format, if the state agency has the technological capability, to all incumbent State of Alaska legislators, and furnished to the Legislative Affairs Agency; if the state agency does not have the technological capability to furnish the notice by electronic format to the legislators, the state agency shall furnish the notice to the legislators by other means.”

The 2014 amendment, effective October 14, 2014, rewrote (d), which read, “Along with a notice furnished under (a)(2), (4)(A), or (6) of this section, the state agency shall include the reason for the proposed action, the initial cost to the state agency of implementation, the state agency of implementation, the name of the contact person for the state agency, and the origin of the proposed action”; added (f) and (g).

The 2018 amendment, effective August 1, 2018, in (a)(6), deleted “, and furnished to the Legislative Affairs Agency;” at the end, and deleted (a)(7), which read, “(7) furnished by electronic format, along with a copy of the proposed regulation, amendment, or order of repeal, as required by AS 24.20.105(c)”.

Editor’s notes. —

Under sec. 12, ch. 87, SLA 2014, subsections (f) and (g), and the 2014 amendments to subsection (d) apply ‘to proposed regulations first published under AS 44.62.190 on or after October 14, 2014.

Opinions of attorney general. —

Where a lengthy regulation on one subject is to be proposed the best policy would be to briefly summarize the content and purpose of the regulation. 1959 Alas. Op. Att'y Gen. No. 26.

If only a very short regulation is proposed then ordinarily it would be most practicable to set forth the regulation in full. 1959 Alas. Op. Att'y Gen. No. 26.

Where a great many regulations are to be promulgated which are of a varied nature, such as fish and game regulations, or oil leasing regulations, then the only practical thing to do would be to give a general listing of the subjects to be covered, a reference to any other existing body of regulations being adopted, amended, or superseded that might be informative to the particular public or industry concerned (such as a reference to existing regulations of a state agency or department or to existing federal regulations) and a brief listing of any significant changes proposed if an existing body of regulations is to be effected. In such case it would be well to indicate that copies of the proposed regulations can be obtained from the agency in order to indicate the agency has done everything reasonably possible to give the public affected by its regulations an opportunity to familiarize itself with the regulations and to prepare itself to submit its views at the hearing. This should constitute substantial compliance with the Administrative Procedure Act and would serve the purpose of the act. 1959 Alas. Op. Att'y Gen. No. 26.

And when a summary of a large number of proposed regulations is to be used it would be safe for the departments and agencies of the state government to follow the Ohio and federal practice and to give notice of the areas in which regulations may or may not be promulgated by listing the subject matter to which the proposed rules would relate. 1959 Alas. Op. Att'y Gen. No. 26.

Public notice referring only to regulation numbers and subject headings. — See 1959 Alas. Op. Att'y Gen. No. 26.

For illustrations of the notice required by this section, see 1959 Op. Att’y Gen., No. 26, Exhibits A, B, C and D.

Notes to Decisions

The rule-making function of an administrative agency frequently resembles the legislative process of passing a statute. Each entity determines the need for a particular enactment in light of chosen policies; each has procedures for the expression of views upon the merits of the proposal; and each, after consideration of the relevant policies and arguments, decides whether to adopt the proposed enactment. When administrative rule making is based upon clear authority from the legislature to formulate policy in the adoption of regulations, the rule-making activity takes on a quasi-legislative aspect. Under proper standards, such delegations of legislative power to administer agencies are constitutional. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Regulations adopted by the Commissioner of Natural Resources are subject to the rule-making provisions of the Administrative Procedure Act (AS 44.62) and must be adopted according to the procedures set forth therein. Among the required procedures for adoption of regulations are notice of the proposed adoption, a public hearing in which any interested person may submit statements to the agency, filing of the regulation, if adopted, with the secretary of state (now the lieutenant governor), and publication. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Failure to specify location of copies of code. —

Failure to specify in regulation incorporating building code where copies of code could be obtained did not invalidate regulation. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Agency cannot adopt future amendments to code by reference. —

According to the Legislative Affairs Agency (now Department of Law) drafting manual, an administrative agency may not adopt by reference a code or set of standards from another state, the federal government or a private organization and provide that future amendments as they become effective are being adopted also. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

One reason for the prohibition against delegation of the future law-making power of the state to private groups is that when amendments are adopted by these groups the public does not necessarily receive notice of, or have an opportunity to comment on or criticize, the amendments, as it does when they are adopted by the legislature or promulgated under the Alaska Administrative Procedure Act. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Emergency orders. —

Department of Fish and Game did not violate the Administrative Procedure Act by failing to give permit applicants sufficient notice that the individual subsistence and the non-subsistence drawing hunts could be closed by Emergency Order prior to achieving the annual harvest quota because Emergency orders are not subject to the Administrative Procedure Act, so no notice was required prior to their issuance. Manning v. State, — P.3d — (Alaska May 15, 2015), op. withdrawn, modified, — P.3d — (Alaska 2015), sub. op., 355 P.3d 530 (Alaska 2015).

Emergency subsistence hunt closures held not subject to notice requirements. —

Emergency closures of an individual subsistence hunt and a community subsistence hunt did not violate the Administrative Procedure Act’s notice requirements; emergency orders are not subject to the Administrative Procedure Act, so no notice is required prior to their issuance. Manning v. Dep't of Fish & Game, 355 P.3d 530 (Alaska 2015), cert. denied, 577 U.S. 1148, 136 S. Ct. 1172, 194 L. Ed. 2d 193 (U.S. 2016).

Implementation of International Mechanical Code held valid. —

Grant of summary judgment against a corporation and in favor of the Department of Public Safety (DPS) and the Department of Community and Economic Development (DCED) (now the Department of Commerce, Community and Economic Development) was proper where adoption of the International Mechanical Code complied with the requirements of this section; DPS not only was permitted to issue regulations, but was required to issue them pursuant to AS 18.70.080(a)(2) , and the DCED likewise had express statutory authority and responsibility to issue regulations in accordance with AS 08.40.240 . Mech. Contrs. of Alaska, Inc. v. State, 91 P.3d 240 (Alaska), amended, — P.3d — (Alaska 2004).

Clause of regulation incorporating future amendments held severable. —

Regulations held invalid. —

Where no hearing was ever held regarding whether regulations of the board of game were consistent with the subsistence law prior to their adoption as subsistence regulations, the challenged tag/fee and sealing regulations, as subsistence regulations applicable to the taking and use of brown/grizzly bears in the affected game management units, were invalid. State v. Morry, 836 P.2d 358 (Alaska 1992).

Charges were dismissed against certain fishermen for violating the limits placed on subsistence fishing permits because the Department of Fish and Game’s failure to comply with the requirements of the Administrative Procedure Act when it promulgated the harvest limits rendered them inapplicable. The core characteristics of a regulation were present, the fishermen’s activities were restricted by the addition of specific, concrete content to the general rule, the public was not provided the participation required by statute, and the limit was first announced after it was adopted, in a letter the Department sent to community leaders. Estrada v. State, 362 P.3d 1021 (Alaska 2015).

Applied in

Kingery v. Chapple, 504 P.2d 831 (Alaska 1972); Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

Stated in

State v. First Nat'l Bank, 660 P.2d 406 (Alaska 1982).

Cited in

Boehl v. Sabre Jet Room, 349 P.2d 585 (Alaska 1960); Brandal v. State, 128 P.3d 732 (Alaska 2006); Smart v. State, 237 P.3d 1010 (Alaska 2010).

Sec. 44.62.195. Fiscal notes on regulations.

If the adoption, amendment, or repeal of a regulation would require increased appropriations by the state, the department or agency affected shall prepare an estimate of the appropriation increase for the fiscal year following adoption, amendment, or repeal of the regulation and for at least two succeeding fiscal years.

History. (§ 1 ch 16 SLA 1980)

Notes to Decisions

Fiscal note not required. —

A grant of summary judgment against the corporation and in favor of the Department of Public Safety and the Department of Community and Economic Development (departments) was proper where no fiscal note was required; neither department anticipated a need for additional appropriations to adopt the International Mechanical Code, and no additional funding was necessary in the two years after its adoption in September 2001. Mech. Contrs. of Alaska, Inc. v. State, 91 P.3d 240 (Alaska), amended, — P.3d — (Alaska 2004).

Noncompliance with APA renders action invalid. —

The failure of an agency to substantially comply with the Administrative Procedure Act (APA) in adopting regulatory changes renders the actions invalid. Since opening the Dalton Highway to unrestricted travel by the general public will require additional appropriations, the Department of Transportation acted arbitrarily and capriciously in failing to substantially comply with the fiscal notes requirements of this section. Turpin v. North Slope Borough, 879 P.2d 1009 (Alaska 1994).

Sec. 44.62.200. Contents of notice.

The notice of proposed adoption, amendment, or repeal of a regulation must include
1. a statement of the time, place, and nature of proceedings for adoption, amendment, or repeal of the regulation;
2. reference to the authority under which the regulation is proposed and a reference to the particular code section or other provisions of law that are being implemented, interpreted, or made specific;
3. an informative summary of the proposed subject of agency action;
4. other matters prescribed by a statute applicable to the specific agency or to the specific regulation or class of regulations;
5. a summary of the fiscal information required to be prepared under AS 44.62.195 ; and
6. for a regulation under AS 11.71.125 , a summary of the attorney general’s compliance with the requirements of AS 11.71.125 (b).
A regulation that is adopted, amended, or repealed may vary in content from the summary specified in (a)(3) of this section if the subject matter of the regulation remains the same and the original notice was written so as to assure that members of the public are reasonably notified of the proposed subject of agency action in order for them to determine whether their interests could be affected by agency action on that subject.
An agency that issues a notice under this section shall ensure that the notice is prepared in a form adequate for posting on the Alaska Online Public Notice System. Unless the adoption, amendment, or repeal of a regulation is proposed by the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, or the Alaska Oil and Gas Conservation Commission, a complete copy of each proposed adoption, amendment, or repeal of a regulation and, if feasible and not prohibited by copyright, any document or other material incorporated by reference, including any document or other material incorporated by reference under this section, in the proposed adoption or amendment shall be made available on the Alaska Online Public Notice System by providing an electronic attachment or link to the complete text.
When a state agency, other than the Regulatory Commission of Alaska, the Board of Fisheries, or the Board of Game, posts, furnishes, or otherwise provides a notice of the proposed adoption, amendment, or repeal of a regulation under AS 44.62.190 , a brief description of the changes made by the proposed adoption, amendment, or repeal must accompany the notice. However, if, under AS 44.62.190 (a), the notice is published in a newspaper or trade or industry publication or is broadcast, this subsection does not require that the brief description otherwise required by this subsection accompany the publication or the broadcast. To the extent practicable, the brief description shall be written in clear, easily readable language that a person without a legal background is able to understand.

History. (§ 6 art IV (ch 1) ch 143 SLA 1959; am § 1 ch 185 SLA 1970; am § 2 ch 16 SLA 1980; am § 4 ch 59 SLA 1985; am § 5 ch 54 SLA 2000; am § 2 ch 42 SLA 2012; am §§ 5, 6 ch 87 SLA 2014; am § 22 ch 22 SLA 2018)

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, added (d).

The 2014 amendment, effective October 14, 2014, in (c), added the second sentence and made a stylistic change; in (d), deleted the last sentence, which read, “Notwithstanding AS 44.62.300 , an action may not be brought for failure of the brief description to comply with the requirements of this subsection relating to the description of the changes or its clarity and readability.”

The 2018 amendment, effective September 12, 2018, added (a)(6), and made a related change.

Editor’s notes. —

Under sec. 12, ch. 87, SLA 2014, the 2014 amendments to subsections (c) and (d) apply “to proposed regulations first published under AS 44.62.190 on or after October 14, 2014.”

Notes to Decisions

Liberal construction of informative summary requirement. —

The legislature intended that the “informative summary” requirement in paragraph (a)(3) be liberally construed. State v. First Nat'l Bank, 660 P.2d 406 (Alaska 1982).

Notice of proposed regulations held sufficient. —

Notice of Department of Commerce’s proposed regulations to implement the Uniform Land Sales Practices Act, AS 34.55, did not violate the informative summary requirement of paragraph (a)(3) so as to overcome the statutory presumption of validity since the contents of the notice gave members of the public sufficient information to decide whether their interests could be affected by the agency action and whether to make their views known to the agency. State v. First Nat'l Bank, 660 P.2d 406 (Alaska 1982).

Where the informative summary published by the Board of Fisheries offered details of matters to be considered in setting harvest levels for sockeye salmon and adequately informed interested fishermen of the subject matter to be considered, there was no “substantial failure” to comply with the informative summary requirement of the Administrative Procedures Act. Thus, the trial court correctly concluded that the board complied with subsection (a)(3). Gilbert v. Dept. of Fish & Game, Bd. of Fisheries, 803 P.2d 391 (Alaska 1990).

Alaska Board of Game’s amendment to Alaska Admin. Code tit. 5, § 92.072(d) was properly noticed where the notice set out proposed changes to unit 13 seasons for caribou and moose, as well as proposed changes to community subsistence harvest areas and conditions, and was thus sufficient to comply with this section. Alaska Fish & Wildlife Conservation Fund v. State, 347 P.3d 97 (Alaska 2015).

Applied in

Kingery v. Chapple, 504 P.2d 831 (Alaska 1972); Chevron U.S.A., Inc. v. Le Resche, 663 P.2d 923 (Alaska 1983).

Quoted in

Kenai Peninsula Fisherman's Coop. Ass'n v. State, 628 P.2d 897 (Alaska 1981); Trustees for Alaska v. State, Dep't of Nat. Res., 795 P.2d 805 (Alaska 1990).

Stated in

State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Cited in

Boehl v. Sabre Jet Room, 349 P.2d 585 (Alaska 1960).

Sec. 44.62.210. Public proceedings.

On the date and at the time and place designated in the notice the agency shall give each interested person or the person’s authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present them orally. The state agency may accept material presented by any form of communication authorized by this chapter and shall consider all factual, substantive, and other relevant matter presented to it before adopting, amending, or repealing a regulation. When considering the factual, substantive, and other relevant matter, the agency shall pay special attention to the cost to private persons of the proposed regulatory action.
At a hearing under this section the agency or its authorized representative may administer oaths or affirmations, and may continue or postpone the hearing to the time and place which it determines.

History. (§ 7 art IV (ch 1) ch 143 SLA 1959; am § 1 ch 54 SLA 1985; am § 5 ch 64 SLA 1995)

Administrative Code. —

For program administration, see 18 AAC 50, art. 2.

Opinions of attorney general. —

Difference between hearings under this section and AS 44.62.450 and distinction between “adjudicative facts” and “legislative facts.” See 1960 Alas. Op. Att'y Gen. No. 7.

This article sets forth the procedure that must be followed when an agency exercises its quasi-legislative power but does not apply to quasi-judicial proceedings. 1960 Alas. Op. Att'y Gen. No. 7.

Article 8 of this chapter was intended to be applicable to quasi-judicial proceedings. 1960 Alas. Op. Att'y Gen. No. 7.

Notes to Decisions

Regulations adopted by the Commissioner of Natural Resources are subject to the rule-making provisions of the Administrative Procedure Act (AS 44.62) and must be adopted according to the procedures set forth therein. Among the required procedures for adoption of regulations are notice of the proposed adoption, a public hearing in which any interested person may submit statements to the agency, filing of the regulation, if adopted, with the secretary of state (now the lieutenant governor), and publication. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Agency cannot adopt future amendments to code by reference. —

An administrative agency may not adopt by reference a code or set of standards from another state, the federal government, or a private organization and provide that future amendments as they become effective are being adopted also. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977) (revision of note appearing in main pamphlet).

One reason for the prohibition against delegation of the future law-making power of the state to private groups is that when amendments are adopted by these groups the public does not necessarily receive notice of, or have an opportunity to comment on or criticize, the amendments, as it does when they are adopted by the legislature or promulgated under the Alaska Administrative Procedure Act. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Regulations held invalid. —

Charges were dismissed against certain fishermen for violating the limits placed on subsistence fishing permits because the Department of Fish and Game’s failure to comply with the requirements of the Administrative Procedure Act when it promulgated the harvest limits rendered them inapplicable. The core characteristics of a regulation were present, the fishermen’s activities were restricted by the addition of specific, concrete content to the general rule, the public was not provided the participation required by statute, and the limit was first announced after it was adopted in a letter the Department sent to community leaders. Estrada v. State, 362 P.3d 1021 (Alaska 2015).

Clause of regulation incorporating future amendments held separable. —

Clause of an administrative regulation incorporating 1955 Uniform Building Code that also incorporated all future amendments of the code was separable from the rest of the administrative regulation, leaving the 1955 Uniform Building Code provisions applicable in a negligence action based on the death of a guest in a motel fire. Northern Lights Motel v. Sweaney, 561 P.2d 1176 (Alaska 1977).

Stated in

State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Cited in

Boehl v. Sabre Jet Room, 349 P.2d 585 (Alaska 1960); Johns v. Commercial Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988); Turpin v. North Slope Borough, 879 P.2d 1009 (Alaska 1994); Smart v. State, 237 P.3d 1010 (Alaska 2010).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 190-213.

73 C.J.S. Public Administrative Law and Procedure, §§ 106, 107.

Sec. 44.62.213. Agency contact with the public.

Notwithstanding any other provision of this chapter, while an agency is developing a regulatory action and before the agency provides a notice of proposed action under AS 44.62.190 , the agency may contact a person about the development of the regulatory action, and the agency may answer a question from a person that is relevant to the development of the regulatory action. In this subsection, “regulatory action” means the adoption, amendment, or repeal of a regulation.
Notwithstanding any other provision of this chapter, after an agency provides a notice of proposed action under AS 44.62.190 , the agency shall make a good faith effort to answer, before the end of the public comment period, a question that is relevant to the proposed action, if the question is received in writing or asked at a public meeting at least 10 days before the end of the public comment period. If a question is received after the 10-day cutoff date, the agency may answer the question. When an agency answers a question under this section, the agency shall answer the question in writing and make the question and answer available to the public. An agency may satisfy the requirements of this section by posting answers to frequently asked questions about the proposed action on the Alaska Online Public Notice System and may aggregate substantially similar questions and agency responses and provide a single consolidated response to substantially similar questions.
In this section, “agency” does not include the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, or the Alaska Oil and Gas Conservation Commission.

History. (§ 7 ch 87 SLA 2014)

Effective dates. —

Section 7, ch. 87, SLA 2014, which enacted this section, is effective October 14, 2014.

Editor’s notes. —

Under sec. 12, ch. 87, SLA 2014, this section applies “to proposed regulations first published under AS 44.62.190 on or after October 14, 2014.”

Sec. 44.62.215. Record of public comment.

In the drafting, review, or other preparation of a proposed regulation, amendment, or order of repeal, an agency, other than the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission, the office of victims’ rights, and the office of the ombudsman, shall keep a record of its use or rejection of factual or other substantive information that is received in writing or orally as public comment and that is relevant to the accuracy, coverage, or other aspect of the proposed regulatory action.

History. (§ 6 ch 64 SLA 1995; am § 29 ch 92 SLA 2001; am § 8 ch 87 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective October 14, 2014, substituted “the Regulatory Commission of Alaska, the Board of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission” for “a board or commission” following “an agency, other than”, and “information that is received in writing or orally as public comment” for “information that is submitted in writing as public comment”.

Editor’s notes. —

Under sec. 12, ch. 87, SLA 2014, the 2014 amendments to this section apply “to proposed regulations first published under AS 44.62.190 on or after October 14, 2014.”

Sec. 44.62.218. Regulations affecting small businesses. [Repealed, § 2 ch 91 SLA 2005.]

Sec. 44.62.220. Right to petition.

Unless the right to petition for adoption of a regulation is restricted by statute to a designated group or the procedure for the petition is prescribed by statute, an interested person may petition an agency for the adoption or repeal of a regulation as provided in AS 44.62.180 — 44.62.290 . The petition must state clearly and concisely

the substance or nature of the regulation, amendment, or repeal requested;
the reasons for the request;
reference to the authority of the agency to take the action requested.

History. (§ 8 art IV (ch 1) ch 143 SLA 1959)

Administrative Code. —

For program administration, see 18 AAC 50, art. 2.

Notes to Decisions

Quoted in

Johns v. Commercial Fisheries Entry Comm'n, 699 P.2d 334 (Alaska 1985).

Sec. 44.62.230. Procedure on petition.

Upon receipt of a petition requesting the adoption, amendment, or repeal of a regulation under AS 44.62.180 — 44.62.290 , a state agency shall, within 30 days, deny the petition in writing or schedule the matter for public hearing under AS 44.62.190 — 44.62.215 . However, if the petition is for an emergency regulation, and the agency finds that an emergency exists, the requirements of AS 44.62.040(c) and 44.62.190 — 44.62.215 do not apply, and the agency may submit the regulation to the lieutenant governor immediately after making the finding of emergency and putting the regulation into proper form.

History. (§ 9 art IV (ch 1) ch 143 SLA 1959; am § 1 ch 45 SLA 1969; am § 7 ch 64 SLA 1995)

Administrative Code. —

For program administration, see 18 AAC 50, art. 2.

Notes to Decisions

Judicial review. —

Even though a legislative enactment providing for agency action may not provide for judicial review, the courts may proceed to review such action where it is alleged that such action constitutes a denial of due process. Johns v. Commercial Fisheries Entry Comm'n, 699 P.2d 334 (Alaska 1985).

Writing requirement met. —

A letter from the chairman of an agency explaining to a petitioner the reasons for the agency’s denial of the petition was sufficient compliance with the “writing” requirement of this section. Johns v. Commercial Fisheries Entry Comm'n, 699 P.2d 334 (Alaska 1985).

Sec. 44.62.240. Limitation on retroactive action.

If a regulation adopted by an agency under this chapter is primarily legislative, the regulation has prospective effect only. A regulation adopted under this chapter that is primarily an “interpretative regulation” has retroactive effect only if the agency adopting it has adopted no earlier inconsistent regulation and has followed no earlier course of conduct inconsistent with the regulation. Silence or failure to follow any course of conduct is considered earlier inconsistent conduct.

History. (§ 10 art IV (ch 1) ch 143 SLA 1959)

Notes to Decisions

Applied in

Wien Air Alaska, Inc. v. State, Dep't of Revenue, 647 P.2d 1087 (Alaska 1982); State v. Valley Hosp. Ass'n, Inc., 116 P.3d 580 (Alaska 2005).

Quoted in

Pfeifer v. State, 260 P.3d 1072 (Alaska 2011).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 242.

Sec. 44.62.245. Material incorporated by reference.

In adopting a regulation that incorporates a document or other material by reference, a state agency may incorporate future amended versions of the document or other material if the adopted regulation identifies or refers to the document or other material followed by the phrase “as may be amended,” the phrase “as amended from time to time,” or a similar provision and the
1. document consists of a regulation of another agency of the state; or
2. incorporation of a future amended version of the document or other material is explicitly authorized by a statute.
When the amended version of a document or other material incorporated by reference in a regulation as described in (a) of this section becomes available, the state agency shall
1. make the amended version of the document or other material available to the public for review; and
2. post on the Alaska Online Public Notice System and publish in a newspaper of general circulation or trade or industry publication or in a regularly published agency newsletter or similar printed publication, not later than 15 days after the amended version of the document or other material becomes available, a notice that describes the affected regulation, the effective date of the amended version of the document or other material, and how a copy of the amended version may be obtained or reviewed.
The state agency shall also send the notice described in (b)(2) of this section to
1. a person who has placed the person’s name on a distribution list kept by the agency that lists persons who want to receive the notice; the agency may allow a person to request that distribution of the notice be by electronic means and shall honor that request if appropriate means are available; and
2. the regulations attorney in the Department of Law.
A change in the form, format, or title in a future amended or revised version of a document or material incorporated by reference in a regulation under this section does not affect the validity of the regulation or the state agency’s ability to enforce or implement the regulation. The state agency shall notify the regulations attorney in the Department of Law if the title of the document or other material changes. The regulations attorney shall correct the title in the Alaska Administrative Code under AS 44.62.125 .

History. (§ 1 ch 119 SLA 1998; am § 6 ch 54 SLA 2000; am § 9 ch 87 SLA 2014; am § 14 ch 7 SLA 2018)

Administrative Code. —

For control of diseases of public health importance, see 7 AAC 27, art. 1.

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, deleted (c)(3), which read, “the members of the Administrative Regulation Review Committee”, and made related changes.

Editor’s notes. —

Under sec. 12, ch. 87, SLA 2014, the 2014 amendments to this section apply “to proposed regulations first published under AS 44.62.190 on or after October 14, 2014.”

Sec. 44.62.250. Emergency regulations.

Except for a regulation adopted under AS 11.71.125 , a regulation or order of repeal may be adopted as an emergency regulation or order of repeal if a state agency makes a written finding, including a statement of the facts that constitute the emergency, that the adoption of the regulation or order of repeal is necessary for the immediate preservation of the public peace, health, safety, or general welfare. The requirements of AS 44.62.040(c) , 44.62.060 , and 44.62.190 — 44.62.215 do not apply to the initial adoption of emergency regulations; however, upon adoption of an emergency regulation , the adopting agency shall immediately submit a copy of it to the lieutenant governor for filing and for publication in the Alaska Administrative Register, and , within five days after filing by the lieutenant governor , the agency shall give notice of the adoption in accordance with AS 44.62.190 (a). Failure to give the required notice by the end of the 10th day automatically repeals the regulation.
A regulation or order of repeal may be adopted as an emergency regulation under AS 11.71.125 if the attorney general makes a written finding that the requirements of AS 11.71.125 are met. The requirements of AS 44.62.190 — 44.62.215 do not apply to the adoption or order of repeal by the attorney general of a regulation to schedule a substance by emergency regulation under AS 11.71.125.

History. (§ 2(2) art IV (ch 1) ch 143 SLA 1959; am § 2 ch 45 SLA 1969; am § 1 ch 46 SLA 1972; am § 123 ch 6 SLA 1984; am § 2 ch 45 SLA 1991; am § 8 ch 64 SLA 1995; am §§ 23, 24 ch 22 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective September 12, 2018, in (a), substituted “Except for a regulation adopted under AS 11.71.125 , a regulation or order” for “A regulation or order” at the beginning; added (b).

Notes to Decisions

Emergency regulation held invalid. —

Former emergency regulation promulgated under authority of this section by the Alaska Board of Fisheries, amending a regulation that had been found invalid previously, was also invalid where it was at odds with the Limited Entry Act, AS 16.43, was not a proper exercise of the board’s authority, and still allowed permit holders in the fisheries cooperative to benefit economically from the work of others. Alaska Bd. of Fisheries v. Grunert, 139 P.3d 1226 (Alaska 2006).

Quoted in

State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Cited in

O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000).

Sec. 44.62.260. Limitation on effective period of emergency regulations.

Except as provided in (c) of this section, a regulation adopted as an emergency regulation does not remain in effect more than 120 days unless the adopting agency complies with AS 44.62.040(c) , 44.62.060 , and 44.62.190 — 44.62.215 either before submitting the regulation to the lieutenant governor or during the 120-day period.
Except as provided in (c) of this section, before the expiration of the 120-day period, the agency shall transmit to the lieutenant governor for filing a certification that AS 44.62.040(c) , 44.62.060 , and 44.62.190 — 44.62.215 were complied with before submitting the regulation to the lieutenant governor, or that the agency complied with those sections within the 120-day period. Failure to so certify repeals the emergency regulation; it may not be renewed or refiled as an emergency regulation.
A substance scheduled by the attorney general by emergency regulation under AS 11.71.125 will remain on the schedule under the emergency regulation for a period not to exceed 1,095 days unless the legislature schedules the substance by law or annuls the regulation by law.

History. (§ 4 art IV (ch 1) ch 143 SLA 1959; am § 3 ch 45 SLA 1969; am § 9 ch 64 SLA 1995; am §§ 25, 26 ch 22 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective September 12, 2018, in (a), substituted “Except as provided in (c) of this section, a regulation” for “A regulation” at the beginning; in (b), substituted “Except as provided in (c) of this section, before the expiration” for “Before the expiration” at the beginning; added (c).

Notes to Decisions

Stated in

State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Sec. 44.62.270. State policy.

It is the state policy that emergencies are held to a minimum and are rarely found to exist. Nothing in this section limits the attorney general from scheduling a substance by emergency regulation under AS 11.71.125 .

History. (§ 2(2) art IV (ch 1) ch 143 SLA 1959; am § 27 ch 22 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective September 12, 2018, added the second sentence.

Notes to Decisions

Quoted in

State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Sec. 44.62.280. Purpose of AS 44.62.180 — 44.62.290.

It is the purpose of AS 44.62.180 — 44.62.290 to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative regulations. Except as provided in AS 44.62.250 , AS 44.62.180 — 44.62.290 apply to the exercise of quasi-legislative power conferred by a statute, but nothing in AS 44.62.180 — 44.62.290 repeals or diminishes additional requirements imposed by the statute. AS 44.62.180 — 44.62.290 are not superseded or modified by subsequent legislation except to the extent that the legislation does so expressly.

History. (§ 1 art IV (ch 1) ch 143 SLA 1959)

Notes to Decisions

Quoted in

North Slope Borough v. State, 484 P.3d 106 (Alaska 2021).

Cited in

Kachemak Bay Watch v. Noah, 935 P.2d 816 (Alaska 1997); Smart v. State, 237 P.3d 1010 (Alaska 2010).

Sec. 44.62.290. Limits of the application of AS 44.62.180 — 44.62.290.

AS 44.62.180 — 44.62.290 do not apply to a regulation not required to be submitted to the lieutenant governor under AS 44.62.010 — 44.62.319 .
Only this section and AS 44.62.180 apply to a regulation that prescribes the organization or procedure of an agency.

History. (§ 2(1) art IV (ch 1) ch 143 SLA 1959; am § 17 ch 143 SLA 1968; am § 8 ch 40 SLA 1969; am § 4 ch 45 SLA 1969; am § 15 ch 7 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in (a)(1), substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ”.

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 221.

Article 5. Judicial Review.

Sec. 44.62.300. Judicial review of validity.

An interested person may get a judicial declaration on the validity of a regulation by bringing an action for declaratory relief in the superior court. In addition to any other ground the court may declare the regulation invalid
1. for a substantial failure to comply with AS 44.62.010 — 44.62.319 ; or
2. in the case of an emergency regulation or order of repeal, upon the ground that the facts recited in the statement do not constitute an emergency under AS 44.62.250 .
Notwithstanding (a) of this section, a person may not bring an action in court to challenge the adoption, repeal, or amendment of a regulation by a state agency for
1. insufficiency or inaccuracy of the information provided under AS 44.62.190(d) or (g);
2. failure of the subject line of electronic mail or the title of a written publication to meet the requirements of AS 44.62.190(f) ;
3. failure of the brief description required by AS 44.62.200(d) to comply with the requirements of AS 44.62.200(d) relating to
  1. the clarity and readability of the brief description; or
  2. the description of the changes made by the proposed adoption, amendment, or repeal of a regulation; or
4. inaccuracy or insufficiency of the answer to a question provided by the state agency under AS 44.62.213 .

History. (§ 1 art V (ch 1) ch 143 SLA 1959; am § 10 ch 87 SLA 2014; am § 16 ch 7 SLA 2018)

Effect of amendments. —

The 2014 amendment, effective October 14, 2014, added (b) and made a related change.

The 2018 amendment, effective August 1, 2018, in (a)(1), substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ”.

Editor’s notes. —

Under sec. 12, ch. 87, SLA 2014, subsection (b) applies “to proposed regulations first published under AS 44.62.190 on or after October 14, 2014.”

Notes to Decisions

Judicial review from non-adjudicatory legislative action is provided in the Administrative Procedure Act under this section, which section specifically provides for declaratory relief, but not for a statute of limitations on actions. Moore v. State, 553 P.2d 8 (Alaska 1976).

Former App. R. 45 did not apply to plaintiff’s request for declaratory relief seeking a judgment declaring that former AS 08.54.040(a)(8) was unconstitutional because it delegated authority to the Alaska Guide Licensing and Control Board without adequate standards, and declaring that the regulations adopted pursuant to this section were unconstitutional because they permit arbitrary action by the board, since judicial review from nonadjudicatory legislative action is provided in the Administrative Procedure Act under this section. Owsichek v. Guide Licensing & Control Bd., 627 P.2d 616 (Alaska 1981).

Departure from restrictive interpretation of standing requirement. —

In the past the supreme court has departed from a restrictive interpretation of the standing requirement. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Standing may be allowed one without direct interest in outcome. —

The need for review in certain cases may make it desirable to allow standing to one whose primary interest is not in the direct outcome of the administrative action, but in its competitive effect on his economic interest. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

“Interested person.” —

Professional salmon hand troller is “interested” in the number of trolling permits issued, even if he will obtain a permit, since his ability to fish commercially is directly affected by the number of trollers using the fishery. Rutter v. State, 668 P.2d 1343 (Alaska 1983).

Registered voters held “interested persons” to challenge election regulations. —

Residents and registered voters held to possess standing as “interested persons” under the Administrative Procedure Act (AS 44.62) to challenge the regulations promulgated by the lieutenant governor under AS 15.15.330 , dealing with early counting of election votes. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Denial of standing to registered voters would have the effect of unduly limiting the possibility of a popular check upon executive control of the election process. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Showing of “possible harm” sufficient for standing. —

Fishermen who challenged an agency regulation setting a maximum number for entry into a fishery were “interested parties” even though no actual harm had yet resulted (since they had not yet been finally denied entry) and even though they had not shown that any future harm was inevitable; their showing of possible future harm was sufficient. Johns v. Commercial Fisheries Entry Comm'n, 699 P.2d 334 (Alaska 1985).

No standing because of untimeliness. —

Since a litigant demonstrates standing by showing an interest which is adversely affected by the conduct complained of, an applicant who has been denied a permit by an administrative agency has no standing to sue for declaratory relief declaring the pertinent regulation unconstitutional when the suit is brought after the applicant’s failure to timely appeal the administrative denial; since the administrative decision became final and, therefore, even if he were successful in showing the regulation to be invalid, he would be unable to use his holding to revive his application for a permit. Haynes v. Commercial Fisheries Entry Comm'n, 746 P.2d 892 (Alaska 1987).

The distinction between legislative and interpretative rule making is a helpful one when reviewing regulations adopted by state administrative agencies. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

The difference in judicial attitude toward certain administrative rules has been characterized as a distinction between “legislative regulations” and “interpretative regulations.” “Legislative rule” has been defined as “the product of an exercise of legislative power by an administrative agency, pursuant to a grant of legislative power by the legislative body.” “Interpretative rules” are rules which do not rest upon a legislative grant of power (whether explicit or inexplicit) to the agency to make law. The distinction is not always easy to draw, since interpretative rules sometimes rest upon statutory authority to issue them. The distinction can be demonstrated better by examining representative cases than by an abstract definition. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Two distinct types of administrative decisions on questions of law. —

One type involves questions in which the particularized experience and knowledge of the administrative personnel goes into the determination. When this type of question is presented to the court for review, deference should be given to the administrative interpretation, since the expertise of the agency would be of material assistance to the court. The amount of deference will vary depending upon the apparent degree of reasonableness of the administrative decision and the degree to which the problem involves knowledge peculiar to an industry or business. The other kind of case presents questions of law in which knowledge and experience in the industry afford little guidance toward a proper consideration of the legal issues. These cases usually concern statutory interpretation or other analysis of legal relationships about which courts have specialized knowledge and experience. Consequently, courts are at least as capable of deciding this kind of question as an administrative agency. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

The supreme court has distinguished between two types of questions that may confront a court in judicial review of administrative action. Where the agency decision involves the formulation of fundamental policy or the particularized expertise and experience of administrative personnel, the court will defer to the administrative decision, inquiring only whether it has a reasonable basis. On the other hand, where the issues to be resolved turn on statutory interpretation, the knowledge and expertise of the agency are not conclusive of the intent of the legislature in passing a statute. Statutory interpretation is within the scope of the court’s special competency, and it is the court’s duty to consider the statute independently. Hood v. State, Workmen's Comp. Bd., 574 P.2d 811 (Alaska 1978).

Manner of review. —

Scope of review. —

When a regulation has been adopted under a delegation of authority from the legislature to the administrative agency to formulate policies and to act in the place of the legislature, the supreme court should not examine the content of the regulation to judge its wisdom, but should exercise a scope of review not unlike that exercised with respect to a statute. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Standard of review generally. —

AS 44.62.020 and AS 44.62.030 provide guidance as to the standard of review for regulations adopted pursuant to an administrative agency’s quasi-legislative rule-making function. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

“Reasonable basis” standard of review. —

The reasonable basis approach should be used for the most part in cases concerning administrative expertise as to either complex subject matter or fundamental policy formulations. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971); Stevenson v. Burgess, 570 P.2d 728 (Alaska 1977).

Application of the reasonable basis test is extremely useful where the administrative action under review resembles executive as opposed to legislative or judicial activity. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

The reasonable basis approach, in the review of agency action which is essentially executive in character, recognizes that the application of law to facts in an administrative setting may require techniques quite different from those traditionally associated with judicial functions. Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971).

Where there is primarily a question of a statutory interpretation and legislative intent, it is a question of whether “the administrative agency has acted within the scope of its authority” and concerns “statutory interpretations requiring the special competency of the courts.” Therefore, the reasonable basis test is not the appropriate standard of review. Stevenson v. Burgess, 570 P.2d 728 (Alaska 1977).

Alaska Workers’ Compensation Board. —

Although the Alaska Workers’ Compensation Board is a quasi-judicial agency, the same criteria for judicial review of any administrative action should apply. Hood v. State, Workmen's Comp. Bd., 574 P.2d 811 (Alaska 1978).

Action for damages treated as appeal. —

Where part of plaintiff’s complaint sought damages for losses sustained because of the Alaska Guide Licensing and Control Board’s allegedly illegal and unconstitutional conduct in refusing to issue him an exclusive use guide area permit, and where the validity of his claim could only be determined by reviewing the administrative proceedings of the board, this part of action was treated as an appeal from the board’s decision. Owsichek v. Guide Licensing & Control Bd., 627 P.2d 616 (Alaska 1981).

Applied in

State v. First Nat'l Bank, 660 P.2d 406 (Alaska 1982); Chevron U.S.A., Inc. v. Le Resche, 663 P.2d 923 (Alaska 1983).

Quoted in

Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979); Bowers Office Prods., Inc. v. Univ. of Alaska, 755 P.2d 1095 (Alaska 1988); Standard Alaska Prod. Co. v. State, Dep't of Revenue, 773 P.2d 201 (Alaska 1989); Exxon Mobil Corp. v. Dep't of Revenue, 488 P.3d 951 (Alaska 2021).

Stated in

Kingery v. Chapple, 504 P.2d 831 (Alaska 1972).

Cited in

Boehl v. Sabre Jet Room, 349 P.2d 585 (Alaska 1960); Kuhn v. State, 692 P.2d 261 (Alaska 1984); Carney v. State, Bd. of Fisheries, 785 P.2d 544 (Alaska 1990); Trustees for Alaska v. State, Dep't of Nat. Res., 795 P.2d 805 (Alaska 1990); Larson v. State, 284 P.3d 1 (Alaska 2012); West v. Alaska Mental Health Trust Auth., 467 P.3d 1064 (Alaska 2020).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 402 et seq.

73 C.J.S., Public Administrative Law and Procedure, §§ 172-222

73A C.J.S., Public Administrative Law and Procedure, §§ 223-271.

Effect of court review of administrative decision. 79 ALR2d 1379.

Judicial review of administrative ruling affecting horse, dog or motor vehicle racing. 36 ALR4th 1169.

Sec. 44.62.305. Judicial relief in administrative matters.

Notwithstanding any other provision of law to the contrary and except as provided in (f) and (g) of this section, a person may obtain judicial relief in an administrative matter from the superior court before the state agency handling the administrative proceeding on the matter issues a final administrative decision if
1. the person is a party to the administrative proceeding;
2. the person has satisfied the procedural requirements of the administrative proceeding up to the time that the person petitions for judicial relief under (b) of this section;
3. the state agency has unreasonably delayed the progress of the administrative proceeding; and
4. further delay in reaching a final administrative decision will cause the person immediate and irreparable damage.
A person may seek judicial relief under (a) of this section by filing a petition in the superior court. A person may not file the petition until 30 days after the person has filed with the state agency handling the administrative proceeding a written notice that the person intends to file the petition.
In a proceeding begun under (b) of this section, if the superior court determines that the person is eligible for judicial relief under (a) of this section, the superior court may
1. enjoin the administrative proceeding and determine the administrative matter in the superior court;
2. order that the administrative matter be handled by another form of dispute resolution; or
3. establish a deadline for the state agency to issue a final administrative decision.
After a person files a petition under (b) of this section, the state agency shall continue with the administrative proceeding unless the superior court
1. enjoins the administrative proceeding under (c)(1) of this section; or
2. issues an order under (c)(2) of this section.
If the superior court decides that a person is not eligible for judicial relief under (a) of this section, a party to the administrative proceeding may exercise any right of appeal allowed under law for the final administrative decision as if the person had not filed a petition under (b) of this section.
A person may not obtain judicial relief under this section in a personnel proceeding by a state agency. In this subsection, “personnel proceeding” includes a proceeding under AS 39.25 (State Personnel Act) and a proceeding in a grievance arbitration procedure under a collective bargaining agreement.
This section does not apply to an administrative proceeding of a state agency if another statute of this state establishes a deadline for the state agency to make a final decision in the administrative proceeding.
In this section,
1. “administrative matter” means the subject matter of an administrative proceeding;
2. “administrative proceeding” means
  1. a proceeding subject to AS 44.62.330 — 44.62.630 ; and
  2. a proceeding that is not subject to AS 44.62.330 — 44.62.630 , that is authorized by statute for the adjudication of a state agency matter by the state agency handling the matter or by a person appointed by the state agency, and that involves a matter that directly affects the personal, professional, or business interests of a specific person who is named in the adjudication;
3. “damage” means damage to the personal, professional, or business interests of a person;
4. “party” means a specific person whose personal, professional, or business interests are the subject of an administrative proceeding and who is named in the administrative proceeding;
5. “person” does not include a state agency or other governmental agency;
6. “state agency” means a department, an institution, a board, a commission, a division, an authority, and any other administrative unit of the executive branch of state government, except a public corporation; the term includes the University of Alaska.

History. (§ 2 ch 166 SLA 2004)

Article 6. Open Meetings of Governmental Bodies.

Sec. 44.62.310. Government meetings public.

All meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law. Attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. Agency materials that are to be considered at the meeting shall be made available at teleconference locations if practicable. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shall be taken by roll call. This section does not apply to any votes required to be taken to organize a governmental body described in this subsection.
If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that are listed in (c) of this section shall be determined by a majority vote of the governmental body. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. Subjects may not be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations.
The following subjects may be considered in an executive session:
1. matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity;
2. subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion;
3. matters which by law, municipal charter, or ordinance are required to be confidential;
4. matters involving consideration of government records that by law are not subject to public disclosure.
This section does not apply to
1. a governmental body performing a judicial or quasi-judicial function when holding a meeting solely to make a decision in an adjudicatory proceeding;
2. juries;
3. parole or pardon boards;
4. meetings of a hospital medical staff;
5. meetings of the governmental body or any committee of a hospital when holding a meeting solely to act upon matters of professional qualifications, privileges, or discipline;
6. staff meetings or other gatherings of the employees of a public entity, including meetings of an employee group established by policy of the Board of Regents of the University of Alaska or held while acting in an advisory capacity to the Board of Regents;
7. meetings held for the purpose of participating in or attending a gathering of a national, state, or regional organization of which the public entity, governmental body, or member of the governmental body is a member, but only if no action is taken and no business of the governmental body is conducted at the meetings; or
8. meetings of municipal service area boards established under AS 29.35.450 — 29.35.490 when meeting solely to act on matters that are administrative or managerial in nature.
Reasonable public notice shall be given for all meetings required to be open under this section. The notice must include the date, time, and place of the meeting and if, the meeting is by teleconference, the location of any teleconferencing facilities that will be used. Subject to posting notice of a meeting on the Alaska Online Public Notice System as required by AS 44.62.175(a) , the notice may be given using print or broadcast media. The notice shall be posted at the principal office of the public entity or, if the public entity has no principal office, at a place designated by the governmental body. The governmental body shall provide notice in a consistent fashion for all its meetings.
Action taken contrary to this section is voidable. A lawsuit to void an action taken in violation of this section must be filed in superior court within 180 days after the date of the action. A member of a governmental body may not be named in an action to enforce this section in the member’s personal capacity. A governmental body that violates or is alleged to have violated this section may cure the violation or alleged violation by holding another meeting in compliance with notice and other requirements of this section and conducting a substantial and public reconsideration of the matters considered at the original meeting. If the court finds that an action is void, the governmental body may discuss and act on the matter at another meeting held in compliance with this section. A court may hold that an action taken at a meeting held in violation of this section is void only if the court finds that, considering all of the circumstances, the public interest in compliance with this section outweighs the harm that would be caused to the public interest and to the public entity by voiding the action. In making this determination, the court shall consider at least the following:
1. the expense that may be incurred by the public entity, other governmental bodies, and individuals if the action is voided;
2. the disruption that may be caused to the affairs of the public entity, other governmental bodies, and individuals if the action is voided;
3. the degree to which the public entity, other governmental bodies, and individuals may be exposed to additional litigation if the action is voided;
4. the extent to which the governing body, in meetings held in compliance with this section, has previously considered the subject;
5. the amount of time that has passed since the action was taken;
6. the degree to which the public entity, other governmental bodies, or individuals have come to rely on the action;
7. whether and to what extent the governmental body has, before or after the lawsuit was filed to void the action, engaged in or attempted to engage in the public reconsideration of matters originally considered in violation of this section;
8. the degree to which violations of this section were wilful, flagrant, or obvious;
9. the degree to which the governing body failed to adhere to the policy under AS 44.62.312(a) .
Subsection (f) of this section does not apply to a governmental body that has only authority to advise or make recommendations to a public entity and has no authority to establish policies or make decisions for the public entity.
In this section,
1. “governmental body” means an assembly, council, board, commission, committee, or other similar body of a public entity with the authority to establish policies or make decisions for the public entity or with the authority to advise or make recommendations to the public entity; “governmental body” includes the members of a subcommittee or other subordinate unit of a governmental body if the subordinate unit consists of two or more members;
2. “meeting” means a gathering of members of a governmental body when
  1. more than three members or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for a public entity; or
  2. more than three members or a majority of the members, whichever is less, are present, the gathering is prearranged for the purpose of considering a matter upon which the governmental body is empowered to act, and the governmental body has only authority to advise or make recommendations for a public entity but has no authority to establish policies or make decisions for the public entity;
3. “public entity” means an entity of the state or of a political subdivision of the state including an agency, a board or commission, the University of Alaska, a public authority or corporation, a municipality, a school district, and other governmental units of the state or a political subdivision of the state; it does not include the court system or the legislative branch of state government.

History. (§ 1 art VI (ch 1) ch 143 SLA 1959; am § 1 ch 48 SLA 1966; am § 1 ch 78 SLA 1968; am § 1 ch 7 SLA 1969; am §§ 1, 2 ch 98 SLA 1972; am § 2 ch 100 SLA 1972; am § 1 ch 189 SLA 1976; am §§ 2, 3 ch 54 SLA 1985; am § 2 ch 201 SLA 1990; am § 7 ch 74 SLA 1991; am §§ 2 — 8 ch 69 SLA 1994; am § 7 ch 54 SLA 2000; am §§ 1, 2 ch 25 SLA 2009)

Cross references. —

For provisions related to meetings of legislative bodies, see AS 24.60.037 .

Administrative Code. —

For practice before the commission, see 3 AAC 48, art. 1.

For administrative matters, see 11 AAC 26, art. 1.

For Alaska medical facility authority, see 15 AAC 118, art. 1.

Effect of amendments. —

The 2009 amendment, effective August 23, 2009, added (d)(8); added “more than three members or a majority of the members, whichever is less, are present,” to (h)(2)(B); and made related stylistic changes.

Opinions of attorney general. —

The mental health lands working group is not a public body covered by the Open Meetings Act, and its meetings are not covered by the Open Meetings Act. That working group was not a formally established entity with a specific charge to take specific action or give specific advice, and the activities of the group were not financed by public money. It consisted of individuals, including state department heads, meeting merely to begin settlement discussions to resolve the legal issues in a lawsuit. January 1, 1992, Op. Att’y Gen.

The notice requirements of the Open Meetings Act require that the Museum Collections Advisory Committee publish a schedule of its fixed monthly meetings twice yearly, stating the date, time, and place of the meetings. For unscheduled meetings, the public may be notified by public service announcements on the radio, as long as there is confidence that the announcements will in fact be made; but regardless of the media used, at least three days notice should be given. December 30, 1992, Op. Att’y Gen.

The present practice of allowing boards and commissions to conduct routine business by mail does not violate the Open Meetings Act. It neither constitutes a meeting nor is it motivated by an intent to circumvent the Open Meetings Act. Rather, mail voting is expressly authorized by statute. It also furthers sound policy by reducing both administrative costs and administrative burdens. July 5, 1994 Op. Att’y Gen.

AS 44.62.310(a) unambiguously provides for teleconference meetings. AS 44.62.310(e) also requires that all teleconferencing facilities be open to the public and that they be noticed. If undue hardship makes it impossible or impractical for a member to participate from a noticed public teleconferencing site, then the governmental body may allow that member to participate in deliberations and votes of that governmental body by telephone without giving public notice of his or her location. Aug. 21, 1995 Op. Att’y Gen.

Notes to Decisions

“Meeting”. —

A private meeting between a quorum of the Anchorage Municipal Assembly and a developer to discuss in detail the developer’s application for rezoning violated this section; a “meeting” for purposes of the Open Meetings Act includes every step of the deliberative and decision-making process when a governmental unit meets to transact public business. The rezoning ordinance later passed by the assembly that allowed a modified plan of development was therefore held void. Brookwood Area Homeowners Ass'n v. Municipality of Anchorage, 702 P.2d 1317 (Alaska 1985).

Findings. —

There is nothing in the Administrative Procedure Act requiring a board to make any findings when exercising its quasi-legislative function, and therefore there is nothing in the act regulating the manner in which findings must be adopted or approved. State v. Hebert, 743 P.2d 392 (Alaska Ct. App. 1987), aff'd, 803 P.2d 863 (Alaska 1990).

The scope of subsection (a), etc. of this section is not limited to decision-making bodies only. University of Alaska v. Geistauts, 666 P.2d 424 (Alaska 1983) (decided prior to 1994 amendment which added the exclusion under paragraph (d)(6)).

Neither the Department of Corrections nor the Department of Administration violated the Administrative Procedure Act, because the act does not apply to informal groups of state employees who have no power to take collective action by vote, as it would be impossible to apply the act to the everyday dealings of public employees when they meet with each other and those outside of state government in the day-to-day conduct of state’s business. KILA, Inc. v. State, Dep't of Admin., 876 P.2d 1102 (Alaska 1994).

No express exception to pro-disclosure requirements of Public Records Act. —

The Open Meetings Act, which provides for closed executive sessions when subjects potentially prejudicial to reputation are discussed, does not establish an express exception to the pro-disclosure requirements of the Public Records Act or otherwise permit the suppression of documents produced at such sessions. Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).

Meetings with attorney. —

Because the attorney-client privilege operates concurrently with this section although it is not an expressed exception, the board’s executive session, called to discuss the status of this case with its attorney, did not violate this section. The privilege should not be applied blindly. It is not enough that the public body be involved in litigation. Rather, the rationale for the confidentiality of the specific communication at issue must be one that the confidentiality doctrine seeks to protect: candid discussion of the facts and litigation strategies. The privilege thus should be applied only when the revelation of the communication will injure the public interest or there is some other recognized purpose in keeping the communication confidential. Cool Homes v. Fairbanks N. Star Borough, 860 P.2d 1248 (Alaska 1993).

Section applies to local university tenure committee. —

The local tenure committee of the University of Alaska comes within the ambit of the public meetings statute. University of Alaska v. Geistauts, 666 P.2d 424 (Alaska 1983) (decided prior to 1994 amendment which added the exclusion under paragraph (d)(6)).

Paragraph (c)(2) of this section, which provides that closed executive sessions may be held to discuss “subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion,” is applicable to tenure committee meetings. University of Alaska v. Geistauts, 666 P.2d 424 (Alaska 1983) (decided prior to 1994 amendment which added the exclusion under paragraph (d)(6)).

Tenure committee meetings are not “quasi-judicial” proceedings, and thus do not come within the exception to the public meeting requirements found in paragraph (d)(1) of this section. University of Alaska v. Geistauts, 666 P.2d 424 (Alaska 1983) (decided prior to 1994 amendment which added the exclusion under paragraph (d)(6)).

Site visit by platting board. —

Borough’s platting board provided adequate notice by publication of a site visit, which was a meeting as defined in (h)(2)(A); the board was not required to mail notices to property owners. Moreover, a subsequent public hearing at which the public could comment cured any defect under AS 29.20.020 . Gold Country Estates Pres. Group, Inc. v. Fairbanks North Star Borough, 270 P.3d 787 (Alaska 2012).

Organizational meetings of legislature. —

Public meetings law generally applies to votes on the floor of either house of the legislature, but exempts organizational votes taken there, such as removal of the speaker, from its coverage. Malone v. Meekins, 650 P.2d 351 (Alaska 1982).

Notice of reorganization of legislature. —

There is no judicially enforceable requirement of subject matter notice with respect to a vote concerning the organization or reorganization of one house of the state legislature. Malone v. Meekins, 650 P.2d 351 (Alaska 1982).

Private caucuses. —

The statute has no application to private caucuses and there is thus no reason to exempt from the statute organizational votes which take place in such caucuses. Malone v. Meekins, 650 P.2d 351 (Alaska 1982).

Legislature’s alleged violation of Open Meetings Act held nonjusticiable. —

The Open Meetings Act, as it applies to the legislature, like the legislature’s Uniform Rule 22, merely establishes a rule of procedure concerning how the legislature has decided to conduct its business; a failure to follow a rule of procedure is not the subject matter of judicial inquiry where there are no allegations that the legislature, acting pursuant to or in violation of one of its rules of procedure, has infringed on the rights of a third person not a member of a legislature or has ignored constitutional restraints or violated fundamental rights. Abood v. League of Women Voters, 743 P.2d 333 (Alaska 1987).

Violation of Act by Governor’s Reapportionment Board. —

Superior court was correct in finding that Reapportionment Board violated the Open Meetings Act by failing to give reasonable notice of meetings and by meeting outside of the noticed meetings to do the business of reapportionment. Hickel v. Southeast Conference, 868 P.2d 919 (Alaska 1994).

Discussing characteristics of city manager applicants. —

A city council was authorized by paragraph (c)(2) of this section to meet in executive session while discussing the personal characteristics of city manager applicants. City of Kenai v. Kenai Peninsula Newspapers, 642 P.2d 1316 (Alaska 1982).

Public employee performance evaluation report. —

Superior court order requiring city library advisory board to release to a newspaper a performance evaluation report pertaining to a head librarian was affirmed, where the evaluation did not in any way deal with the personal, intimate, or otherwise private life of the librarian. Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).

Report of mayor’s blue ribbon fiscal policy committee, appointed to investigate city’s economic condition, was not exempt from ordinary disclosure requirements, where the report was the product of a public process and was intended for public dissemination. Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990).

A meeting of the board of governors of the Alaska Bar Association in Hawaii in 1978 was not subject to the requirements of this section. Horowitz v. Alaska Bar Ass'n, 609 P.2d 39 (Alaska 1980).

Fairbanks charter provision preempted. —

The State Open Meetings Act preempts the Fairbanks City Charter provision concerning open meetings. Walleri v. City of Fairbanks, 964 P.2d 463 (Alaska 1998).

Implied notice requirement. —

Since the sole purpose of a notice requirement under subsection (c)(2) of this section is to afford the employee with an opportunity to request a public discussion, the University of Alaska was under the implied statutory obligation to inform the faculty member of the time and place of all meetings in which his application for tenure would be considered and to inform him that he had the right to request that the meetings be open to the public. University of Alaska v. Geistauts, 666 P.2d 424 (Alaska 1983) (decided prior to 1994 amendment).

Effect of university’s failure to comply. —

Since a violation of this section was found and the tenure committee recommendation was therefore void, the university had to begin anew its review of the faculty member’s tenure application as if the flawed consideration had never taken place, the faculty member was entitled to all the benefits of ongoing employment up until the time of a new consideration, and the faculty member should be entitled to update his tenure file with recent academic accomplishments. University of Alaska v. Geistauts, 666 P.2d 424 (Alaska 1983) (decided prior to 1994 amendment).

Discussing termination of school principal. —

A school board was authorized by paragraph (c)(2) to go into executive session for consideration of whether to retain an elementary school principal. Von Stauffenberg v. Committee for an Honest & Ethical Sch. Bd., 903 P.2d 1055 (Alaska 1995).

Implied notice requirement. —

Where a police chief had notice of a city council meeting at which a petition calling for his dismissal would be discussed and he chose not to attend, the council’s discussion of his employment in executive session was proper, and he waived his right to request discussion in public by failing to appear. Ramsey v. City of Sand Point, 936 P.2d 126 (Alaska 1997).

Challenge rendered moot. —

Where appellant filed suit under AS 29.05.100(b) challenging the decision of the Local Boundary Commission to approve a petition for incorporation of a proposed borough, and the voters rejected the initiative, appellant’s claim that the commission violated this section by using information in the approval process that was gathered during a private tour of the borough became moot. Mullins v. Local Boundary Comm'n, 226 P.3d 1012 (Alaska 2010).

Proper remedy for violation. —

When a void decision is remanded by a court to the transgressing governmental body for reconsideration, approximation of the status quo at the time of the original decision is desirable. Revelle v. Marston, 898 P.2d 917 (Alaska 1995).

In assessing the remedial benefits to be gained in light of the Open Meeting Act’s goals when fashioning a remedy for an at-will employee who was terminated during a meeting that violated the act, the superior court should consider the goals of maximizing informed and principled decision-making in individual cases and deterring future violations, as well as the goad of encouraging “public participation and input in the operation of government.” The superior court should weigh these benefits against the prejudice likely to accrue to the public if the employee is awarded back pay and benefits. Ordinarily, there must be a nexus between the violation of the act and the termination. However, the superior court could conclude that the public body’s conduct was particularly egregious and that the goal of deterring such conduct in the future is paramount. In such a case, the superior court could conclude that, even in the absence of a nexus, the employee is entitled to at least his costs and full reasonable attorney’s fees. Revelle v. Marston, 898 P.2d 917 (Alaska 1995).

Applied in

Alaska Cmty. Colleges' Fed'n of Teachers, Local 2404 v. Univ. of Alaska, 677 P.2d 886 (Alaska 1984); Meiners v. Bering Strait Sch. Dist., 687 P.2d 287 (Alaska 1984); Abood v. Gorsuch, 703 P.2d 1158 (Alaska 1985).

Quoted in

Hammond v. North Slope Borough, 645 P.2d 750 (Alaska 1982); Anchorage Sch. Dist. v. Anchorage Daily News, 779 P.2d 1191 (Alaska 1989).

Cited in

Anchorage Indep. Longshore Union Local 1 v. Municipality of Anchorage, 672 P.2d 891 (Alaska 1983); Krohn v. State, Dep't of Fish & Gam, 938 P.2d 1019 (Alaska 1997); City of St. Paul v. Evans, 344 F.3d 1029 (9th Cir. Alaska 2003); Public Safety Emples. Ass'n, AFSCME Local 803 v. City of Fairbanks, 420 P.3d 1243 (Alaska 2018).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 82-103.

73 C.J.S., Public Administrative Law and Procedure, §§ 185-193.

Validity, construction, and application of statutes making public proceedings open to the public. 38 ALR3d 1070.

Sec. 44.62.312. State policy regarding meetings.

It is the policy of the state that
1. the governmental units mentioned in AS 44.62.310(a) exist to aid in the conduct of the people’s business;
2. it is the intent of the law that actions of those units be taken openly and that their deliberations be conducted openly;
3. the people of this state do not yield their sovereignty to the agencies that serve them;
4. the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know;
5. the people’s right to remain informed shall be protected so that they may retain control over the instruments they have created;
6. the use of teleconferencing under this chapter is for the convenience of the parties, the public, and the governmental units conducting the meetings.
AS 44.62.310(c) and (d) shall be construed narrowly in order to effectuate the policy stated in (a) of this section and to avoid exemptions from open meeting requirements and unnecessary executive sessions.

History. (§ 3 ch 98 SLA 1972; am § 4 ch 54 SLA 1985; am § 9 ch 69 SLA 1994)

Administrative Code. —

For practice before the commission, see 3 AAC 48, art. 1.

Notes to Decisions

Public disclosure of applications. —

Strong public interest in the disclosure of the affairs of government generally, and in an open selection process for high public officials in particular, requires public disclosure and inspection of applications for posts having substantial discretionary authority. City of Kenai v. Kenai Peninsula Newspapers, 642 P.2d 1316 (Alaska 1982).

Quoted in

Hammond v. North Slope Borough, 645 P.2d 750 (Alaska 1982); Alaska Cmty. Colleges' Fed'n of Teachers, Local 2404 v. Univ. of Alaska, 677 P.2d 886 (Alaska 1984); Brookwood Area Homeowners Ass'n v. Municipality of Anchorage, 702 P.2d 1317 (Alaska 1985); KILA, Inc. v. State, Dep't of Admin., 876 P.2d 1102 (Alaska 1994).

Cited in

Anchorage Sch. Dist. v. Anchorage Daily News, 779 P.2d 1191 (Alaska 1989); Hickel v. Southeast Conference, 868 P.2d 919 (Alaska 1994).

Sec. 44.62.319. Short title.

AS 44.62.310 — 44.62.319 may be cited as the Open Meetings Act.

History. (§ 26 ch 58 SLA 2010)

Sec. 44.62.320. Submittal for legislative review.

History. [Repealed, § 23 ch 7 SLA 2018.]

Article 7. Administrative Adjudication.

Notes to Decisions

Applicability to university pre-termination hearings. —

This chapter governs the process to be employed by a university in the conduct of pre-termination hearings, permitting the parties to be represented by counsel who can question witnesses and make arguments. Odum v. University of Alaska, 845 P.2d 432 (Alaska 1993) (decided before the 1993 repeal of AS 44.62.330(a)(45) .

Applied in

Schnabel v. State, 663 P.2d 960 (Alaska Ct. App. 1983).

Sec. 44.62.330. Application of AS 44.62.330 — 44.62.630.

History. (am E.O. No. 51, §§ 38, 39 (1981); am E.O. No. 107, § 41 (2003); am E.O. No. 108, §§ 7, 8 (2003); am E.O. No. 114 § 36 (2008); § 2 (ch 2) ch 143 SLA 1959; am § 14 ch 2 SLA 1964; am § 60 ch 98 SLA 1966; am § 2 ch 120 SLA 1966; am § 1 ch 58 SLA 1967; am § 18 ch 143 SLA 1968; am § 2 ch 83 SLA 1969; am § 2 ch 118 SLA 1969; am §§ 3, 4 ch 106 SLA 1970; am § 6 ch 104 SLA 1971; am § 4 ch 120 SLA 1971; am § 2 ch 178 SLA 1972; am § 5 ch 179 SLA 1972; am § 2 ch 7 FSSLA 1973; am § 2 ch 17 SLA 1973; am § 3 ch 45 SLA 1973; am § 2 ch 82 SLA 1973; am § 5 ch 76 SLA 1974; am § 2 ch 128 SLA 1974; am § 6 ch 9 SLA 1975; am § 25 ch 25 SLA 1975; am §§ 39, 40 ch 206 SLA 1975; am § 4 ch 25 SLA 1976; am § 2 ch 59 SLA 1976; am § 11 ch 181 SLA 1976; am §§ 13, 106 ch 218 SLA 1976; am § 18 ch 220 SLA 1976; am § 9 ch 46 SLA 1977; am § 3 ch 140 SLA 1977; am § 54 ch 169 SLA 1978; am § 10 ch 59 SLA 1979; am § 23 ch 58 SLA 1980; am § 3 ch 84 SLA 1980; am §§ 49, 60 ch 94 SLA 1980; am § 15 ch 130 SLA 1980; am § 12 ch 131 SLA 1980; am § 15 ch 141 SLA 1980; am §§ 4, 5 ch 159 SLA 1980; am § 20 ch 110 SLA 1981; am § 16 ch 82 SLA 1982; am § 2 ch 100 SLA 1983; am § 124 ch 6 SLA 1984; am § 11 ch 131 SLA 1986; am § 77 ch 14 SLA 1987; am § 12 ch 37 SLA 1989; am § 3 ch 77 SLA 1990; am § 4 ch 177 SLA 1990; am § 8 ch 129 SLA 1992; am § 7 ch 130 SLA 1992; am § 1 ch 30 SLA 1993; am § 14 ch 74 SLA 1993; am § 9 ch 124 SLA 1994; am § 7 ch 130 SLA 1994; am § 11 ch 91 SLA 1995; am § 12 ch 33 SLA 1996; am § 7 ch 2 SLA 1998; am § 65 ch 58 SLA 1999; am § 21 ch 42 SLA 2000; am § 3 ch 103 SLA 2003; am § 30 ch 84 SLA 2004; am § 4 ch 116 SLA 2004; am §§ 15, 47 ch 57 SLA 2005; am § 42 ch 84 SLA 2005; am § 13 ch 63 SLA 2006; am § 73 ch 47 SLA 2007; am § 6 ch 50 SLA 2007; am § 4 ch 19 SLA 2008; am § 8 ch 114 SLA 2014; am § 8 ch 4 SLA 2015; am § 35 ch 22 SLA 2015; am § 3 ch 69 SLA 2018)

Revisor’s notes. —

In 1999, in this section, the names of the Departments of Commerce and Economic Development, Education, and Labor and of the Commissioners of those departments were revised in accordance with §§ 88 - 90, ch. 58, SLA 1999.

In 2004 and 2014, the paragraphs of subsection (a) were renumbered to reflect the deletion of repealed paragraphs.

Paragraph (a)(45) was enacted as (a)(49) and renumbered in 2014.

Effect of amendments. —

The 2014 amendment, effective July 1, 2015, added (a)(49).

The first 2015 amendment, effective May 5, 2015, added (a)(46).

The second 2015 amendment, effective July 1, 2015, in (a), deleted “, but not limited to,” near the beginning of the second sentence and made stylistic changes.

The 2018 amendment, effective July 25, 2018, in (a)(41) substituted “civil history databases” for “centralized registry” following “relating to the”.

Opinions of attorney general. —

The purpose of the adjudication procedure is to prescribe a fair procedure for determinations of fact; this is indicated by paragraph (d)(4), which excepts from the adjudication procedure related matters that in their context do not relate to procedure. 1963 Alas. Op. Att'y Gen. No. 10.

The policy of subsection (d) of this section is to limit the adjudication procedure set forth in the Administrative Procedure Act to procedural matters, and matters regarding which the agency must make substantial determinations of fact. 1963 Alas. Op. Att'y Gen. No. 10.

The words of subsection (d), “in a case of reinstatement or reduction of penalty,” refer to AS 44.62.550 , which provides that a person whose license is revoked or suspended may petition the agency for reinstatement or reduction of penalty after one year from the effective date of the decision or from the date of denial of the similar petition. 1963 Alas. Op. Att'y Gen. No. 10.

The accusation and hearing procedure set forth in the Administrative Procedure Act was not applicable to the suspension or revocation of liquor licenses by the Alcoholic Beverage Control Board after a conviction of a licensee of certain offenses as set forth in former AS 04.15.100(b). 1963 Alas. Op. Att'y Gen. No. 10.

The exceptions set forth in subsection (d) refer to situations in which there is no need for the agency to make a determination of fact since such facts have been determined by the courts. 1963 Alas. Op. Att'y Gen. No. 10.

Where the power to suspend or revoke a license is implied by the statutory authority to issue a license, it is clear that suspension or revocation may be ordered only after formal accusation and hearing as required by the Administrative Procedure Act. 1963 Alas. Op. Att'y Gen. No. 10.

Not all of this chapter, as it relates to workers’ compensation proceedings, has been repealed by implication. For example, the Alaska Workers’ Compensation Act is silent as to judicial review and the scope of judicial review. This chapter therefore applies, since there is nothing in the Alaska Workers’ Compensation Act which covers the same ground or which is inconsistent with provisions in this chapter relating to judicial review and the scope of such review. 1959 Alas. Op. Att'y Gen. No. 24.

This section and AS 44.62.450 were superseded with respect to workers’ compensation hearings by AS 23.30.115 and 23.30.135 of the Alaska Workers’ Compensation Act. 1959 Alas. Op. Att'y Gen. No. 24.

Notes to Decisions

Board of Governors of Alaska Bar Association. —

The legislature expressly included the Board of Governors of the Alaska Bar Association as an agency subject to the adjudicative procedures of the Administrative Procedure Act (AS 44.62) under former paragraph (a)(22). In re Peterson, 499 P.2d 304 (Alaska 1972).

Administrative responsibility of Alaska Bar. —

While the supreme court ultimately reserves the authority to determine whether or not an applicant should be admitted to the bar, considerable administrative responsibility has been delegated to the Alaska Bar Association. In re Peterson, 499 P.2d 304 (Alaska 1972).

Applicability to workers’ compensation proceedings. —

The legislature intended to substitute, upon the effective date of the Administrative Procedure Act, the judicial scope of review as provided therein for the judicial scope of review as provided in the Workers’ Compensation Act. Manthey v. Collier, 367 P.2d 884 (Alaska 1962).

The superior court is controlled by the Administrative Procedure Act in proceedings, or in a review of proceedings from the Alaska Workers’ Compensation Board. See Manthey v. Collier, 367 P.2d 884 (Alaska 1962). But see Aleutian Homes v. Fischer, 418 P.2d 769 (Alaska 1966).

The Administrative Procedure Act (AS 44.62) is applicable to Workers’ Compensation Board hearings except where otherwise expressly provided in the Workers’ Compensation Act. Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974).

Act applies to leasing procedures. —

The judicial review portions of the Administrative Procedure Act govern leasing procedures conducted by the Division of Lands under the Alaska Land Act. Alyeska Ski Corp. v. Holdsworth, 426 P.2d 1006 (Alaska 1967).

But not to termination of grazing leases. —

The adjudicatory provisions of the Alaska Administrative Procedure Act do not apply to the termination of grazing leases by the state Division of Lands. McCarrey v. Commissioner of Natural Resources, 526 P.2d 1353 (Alaska 1974).

Nor to local school boards. —

The Administrative Procedure Act by its express terms does not apply to local school boards. Matanuska-Susitna Borough v. Lum, 538 P.2d 994 (Alaska 1975).

Nor to boards of adjustment. —

Boards of adjustment are not included on the list in subsection (a) of agencies, boards and administrative bodies specifically subject to this chapter. Galt v. Stanton, 591 P.2d 960 (Alaska 1979).

Applicability to Departments of Administration or Corrections. —

Neither the Department of Administration nor the Department of Corrections are among the agencies listed in subsection (a), and thus they are not covered by the Administrative Procedure Act. KILA, Inc. v. State, Dep't of Admin., 876 P.2d 1102 (Alaska 1994).

Applicability to University of Alaska’s grievance proceedings. —

The application of the Administrative Procedure Act (AS 44.62.330 —44.62.650) to University of Alaska’s grievance proceedings does not impermissibly circumscribe explicit and implicit constitutional and statutory grants of power to the university in the area of personnel management. McGrath v. University of Alaska, 813 P.2d 1370 (Alaska 1991).

Alcoholic beverage dispensary licenses. —

Under subsection (d), a hearing is not required before an alcoholic beverage dispensary license is suspended, although it would be permissible if the Alcoholic Beverage Control Board chose to grant it. Frontier Saloon v. Alcoholic Beverage Control Bd., 524 P.2d 657 (Alaska 1974).

Burden of proof. —

While the Alaska Administrative Procedure Act does not specifically state who has the burden of proof in administrative adjudications, it previously provided in AS 44.62.460(e) that “Nothing herein shall be construed to alter the ordinary rules of burden of proof of judicial proceedings in Alaska.” The foregoing provision, coupled with the fact that under the Administrative Procedure Act a hearing to determine whether a license should be granted, issued, or renewed shall be initiated by filing a “statement of issues” which must be served upon the person seeking the issuance or renewal of the license as the respondent (AS 44.62.370 , AS 44.62.380 ), and against which the respondent may defend by filing a notice of defense (AS 44.62.390 ) compelled the supreme court to conclude that the burden of proof on the issue raised by the statement of issues was upon the state. Alaska Alcoholic Beverage Control Bd. v. Malcolm, Inc., 391 P.2d 441 (Alaska 1964).

An inmate may not appeal an administrative decision made by the Department of Corrections under the Administrative Procedures Act. Hertz v. Carothers, 784 P.2d 659 (Alaska 1990).

Applied in

Vick v. Bd. of Elec. Exam'rs, 626 P.2d 90 (Alaska 1981); Municipality of Anchorage v. Coffey, 893 P.2d 722 (Alaska 1995); State v. Wold, 278 P.3d 266 (Alaska 2012).

Quoted in

Pan Am. Petro. Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969); Schmidt v. Beeson Plumbing & Heating, 869 P.2d 1170 (Alaska 1994); Rusch v. Southeast Alaska Reg'l Health Consortium, 453 P.3d 784 (Alaska 2019).

Stated in

Forth v. Northern Stevedoring & Handling Corp., 385 P.2d 944 (Alaska 1963); Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974); Wien Air Alaska, Inc. v. State, Dep't of Revenue, 647 P.2d 1087 (Alaska 1982).

Cited in

Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974); Sisters of Providence in Wash., Inc. v. Dep't of Health & Social Servs., 648 P.2d 970 (Alaska 1982); Kenai Peninsula Borough v. State, Dep't of Cmty. & Reg'l Affairs, 751 P.2d 14 (Alaska 1988); Olson v. State, Dept. of Nat. Res., 799 P.2d 289 (Alaska 1990); Hickel v. Halford, 872 P.2d 171 (Alaska 1994); Gold Dust Mines, Inc. v. Little Squaw Gold Mining Co., 299 P.3d 148 (Alaska 2012); Alaska State Comm'n for Human Rights v. United Physical Therapy, 484 P.3d 599 (Alaska 2021).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 268 et seq.

73 C.J.S., Public Administrative Law and Procedure, § 115 et seq.

Sec. 44.62.340. Delegation of power by agencies.

An agency listed in AS 44.62.330 may delegate the power to act, to hear, and to decide, unless expressly prohibited by law.
In a law enacted after April 29, 1959, where the word “agency” alone is used, the power to act may be delegated by the agency, and where the words “agency itself” are used, the power to act may not be delegated unless a statute relating to that agency authorizes the delegation of its power to hear and decide.

History. (§ 1(1) (ch 2) ch 143 SLA 1959)

Administrative Code. —

For cooperative management agreements, see 11 AAC 97, art. 7.

For surety fund claims, see 12 AAC 64, art. 6.

Notes to Decisions

Alaska Transportation Commission exempted. —

Former AS 42.07.151(a) specifically exempted the Alaska Transportation Commission from the requirements of both this section, forbidding the delegation of the hearing power absent express statutory authorization, and AS 44.62.500 , requiring the hearing officer to prepare a proposed decision and forbidding members of the applicable government agency from voting on the decision if they have not heard the evidence. Alaska Transp. Comm'n v. Gandia, 602 P.2d 402 (Alaska 1979).

Cited in

In re Peterson, 499 P.2d 304 (Alaska 1972).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 65-69.

73 C.J.S., Public Administrative Law and Procedure, §§ 57-70.

Sec. 44.62.350. Appointment of hearing officers.

The governor shall assign a qualified, unbiased, and impartial hearing officer, with experience in the general practice of law, to conduct hearings under this chapter that are not conducted by the office of administrative hearings (AS 44.64.010 ). A hearing officer may perform other duties in connection with the administration of this chapter and other laws.
An agency with hearing officers may continue their employment as hearing officers on an unbiased and impartial basis within the particular agency and may hire additional officers and prescribe additional qualifications.
Except for a hearing officer hired to conduct hearings under AS 23.20 (Alaska Employment Security Act), a hearing officer shall have been admitted to practice law for at least two years immediately before the appointment.

History. (§ 3 (ch 2) ch 143 SLA 1959; am § 7 ch 5 SLA 1966; am § 78 ch 163 SLA 2004; am § 57 ch 56 SLA 2005)

Notes to Decisions

Assigning hearing officers. —

In a matter arising from an Alaska Public Offices Commission (APOC) enforcement action that was appealed to the superior court, the Supreme Court affirmed the superior court's ruling that the Governor must explicitly assign APOC hearing officers. The plain statutory language set forth in AS 44.62.350 requires the Governor to consider proposed hearing officers' qualifications and then assign one to serve as a hearing officer. Alaska Pub. Offices Comm'n v. Not Tammie, 482 P.3d 386 (Alaska 2021).

Section inapplicable to informal hearings. —

Because AS 36.30.670(a) expressly exempts from the Administrative Procedure Act informal hearings such as the one in which the Department of Administration reviewed the denial of a professional services provider’s bid protest, this section did not apply to a Department of Correction’s procurement officer’s decision regarding a bid protest or to informal hearings held subsequent to a protest appeal. KILA, Inc. v. State, Dep't of Admin., 876 P.2d 1102 (Alaska 1994).

Stated in

Alaska Alcoholic Beverage Control Bd. v. Malcolm, Inc., 391 P.2d 441 (Alaska 1964).

Cited in

In re Peterson, 499 P.2d 304 (Alaska 1972); Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 311 to 320.

73A C.J.S., Public Administrative Law and Procedure, § 264-266.

Sec. 44.62.360. Accusation.

A hearing to determine whether a right, authority, license, or privilege should be revoked, suspended, limited, or conditioned is initiated by filing an accusation. The accusation must

be a written statement of charges setting out in ordinary and concise language the acts or omissions with which the respondent is charged, so that the respondent is able to prepare a defense;
specify the statute and regulation that the respondent is alleged to have violated, but may not consist merely of charges phrased in the language of the statute and regulation; and
be verified, unless made by a public officer acting in an official capacity or by an employee of the agency on whose behalf the proceeding is to be held; the verification may be on information and belief.

History. (§ 4 (ch 2) ch 143 SLA 1959)

Opinions of attorney general. —

This section regarding a formal accusation, contemplates the proceeding in which the agency must make determinations of fact. 1963 Alas. Op. Att'y Gen. No. 10.

The accusation provision is obviously inapplicable to a case in which a court of competent jurisdiction has entered a judgment regarding the acts or omissions for which a penalty may be inflicted. 1963 Alas. Op. Att'y Gen. No. 10.

Notes to Decisions

Private individual could not file accusation. —

A member of the public could not compel agency action by filing an accusation before the agency. Vick v. Bd. of Elec. Exam'rs, 626 P.2d 90 (Alaska 1981).

When reading this section with AS 44.62.330(d)(4) , it becomes clear that the “unless” language in paragraph (3) of the former provides a means by which administrative agencies themselves may choose to permit a private individual to file an accusation. Vick v. Bd. of Elec. Exam'rs, 626 P.2d 90 (Alaska 1981).

“Unless” language of paragraph (3) not superfluous. —

The words “unless made by a public officer . . . or by an employee of the agency” in paragraph (3) of this section are not superfluous, even though private individuals are not permitted to file accusations. Vick v. Bd. of Elec. Exam'rs, 626 P.2d 90 (Alaska 1981).

Quoted in

McGrath v. University of Alaska, 813 P.2d 1370 (Alaska 1991).

Sec. 44.62.370. Statement of issues.

A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed is initiated by filing a statement of issues. The statement of issues is a written statement specifying
1. the statute and regulation with which the respondent must show compliance by producing proof at the hearing; and
2. particular matters that have come to the attention of the initiating party and that would authorize a denial of the agency action sought.
The statement of issues shall be verified unless made by a public officer acting in an official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief.
The statement of issues, together with the form for notice of defense and other information described in AS 44.62.380 , shall be delivered to the respondent or sent by certified mail to the latest address on file with the agency, except that if a hearing has already been requested by the respondent,
1. AS 44.62.380 and 44.62.390 do not apply; and
2. the statement of issues together with the notice of hearing shall be delivered or mailed to the parties as provided in AS 44.62.420 .

History. (§ 5 (ch 2) ch 143 SLA 1959; am § 1 ch 63 SLA 1995)

Opinions of attorney general. —

The requirement of the written statement of issues is inapplicable to a case in which the court has already found that the party involved has not complied with the statute or rule. 1963 Alas. Op. Att'y Gen. No. 10.

Notes to Decisions

Quoted in

Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979); McGrath v. University of Alaska, 813 P.2d 1370 (Alaska 1991).

Cited in

Fantasies on 5th Ave., LLC v. State, 446 P.3d 360 (Alaska 2019).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 287 to 297.

Sec. 44.62.380. Service of accusation.

Upon filing the accusation, the agency
1. shall serve a copy of the accusation on the respondent as provided in (c) of this section;
2. shall include with the accusation a post card or other form entitled “Notice of Defense” that, when signed by or on behalf of the respondent and returned to the agency, acknowledges service of the accusation and constitutes a notice of defense under AS 44.62.390 ;
3. shall include in or with the copy of the accusation a statement that respondent may request a hearing by filing a notice of defense as provided in AS 44.62.390 within 15 days after the accusation is served on the respondent and that failure to do so constitutes a waiver of the right to a hearing;
4. may include with the accusation any information that it considers appropriate.
The statement to respondent must be substantially in the following form:
The accusation and all accompanying information may be sent to the respondent by any means selected by the agency. However, the agency may not make an order adversely affecting the rights of the respondent unless the respondent is served personally or by certified mail, files a notice of defense, or otherwise appears. Service may be proved in the manner authorized in civil actions. Service by certified mail is effective if a statute or agency regulation requires the respondent to file an address with the agency and to notify the agency of a change, and if a certified letter containing the accusation and accompanying material is mailed, addressed to respondent at the latest address on file with the agency.

Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying accusation is delivered or mailed to the agency within 15 days after the accusation was personally served on you or mailed to you, (here insert name of agency) may proceed upon the accusation without a hearing. The request for a hearing may be made by delivering or mailing the enclosed form entitled “Notice of Defense,” or by delivering or mailing a notice of defense as provided by AS 44.62.390 to: (here insert name and address of agency).

History. (§ 6 (ch 2) ch 143 SLA 1959; am § 2 ch 63 SLA 1995)

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 290 to 292.

73A C.J.S., Public Administrative Law and Procedure, § 223 et seq.

Sec. 44.62.390. Notice of defense.

Within 15 days after service upon the respondent of the accusation, the respondent may file with the agency a notice of defense. In the notice the respondent may
1. request a hearing;
2. object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed;
3. object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense;
4. admit the accusation in whole or in part;
5. present new matter by way of defense.
Within the time specified the respondent may file one or more notices of defense upon any or all of the grounds set out in (a) of this section but all of the notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice.
The respondent is entitled to a hearing on the merits if the respondent files a notice of defense, and the notice of defense is considered a specific denial of all parts of the accusation not expressly admitted. Failure to file the notice constitutes a waiver of the respondent’s right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in (a) (3) of this section, all objections to the form of the accusation are waived.
The notice of defense must be in writing, signed by or on behalf of the respondent, and must state the respondent’s mailing address. It need not be verified or follow a particular form.

History. (§ 7 (ch 2) ch 143 SLA 1959)

Notes to Decisions

No waiver. —

While the doctor was barred under the memorandum of agreement from appealing the merits of the Alaska State Medical Board’s (Board) decision to discipline her, she was not barred from challenging the enforceability of the underlying agreement which granted the Board power to act; to bar an appeal of the agreement’s validity related to the violation of a condition would presumably mean also finding a waiver of the right to challenge the validity of the agreement on other grounds, such as fraud or duress, which would be unreasonable. Yost v. State, 234 P.3d 1264 (Alaska 2010).

Cited in

Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979); Fantasies on 5th Ave., LLC v. State, 446 P.3d 360 (Alaska 2019).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 295.

Sec. 44.62.400. Amended or supplemental accusation.

At any time before the matter is submitted for decision the agency may file or permit the filing of an amended or supplemental accusation. All parties shall be notified of the filing. If the amended or supplemental accusation presents new charges the agency shall give the respondent a reasonable opportunity to prepare a defense to it, but the respondent is not entitled to file a further pleading unless the agency in its discretion so orders. New charges are considered controverted. Objections to the amended or supplemental accusation may be made orally and shall be noted in the record.

History. (§ 8 (ch 2) ch 143 SLA 1959)

Sec. 44.62.410. Time and place of hearing.

The agency shall determine the time and place of hearing. The hearing shall be held in Juneau or Ketchikan, whichever is closer to the place where the transaction occurred or where the respondent resides, if the transaction occurred in or the respondent resides in the First Judicial District; in Anchorage if the transaction occurred or the respondent resides within the Third Judicial District; in Fairbanks or Nome, whichever is closer to the place where the transaction occurred or where the respondent resides, if the transaction occurred in or the respondent resides in the Second or Fourth Judicial District. The agency may, if the transaction occurred in a judicial district other than that of respondent’s residence, select an appropriate place of hearing in either district. The agency may select a different place nearer the place where the transaction occurred or where the respondent resides, or the parties by agreement may select any place in the state.
A party may request that the party or a witness participate by telephone in a hearing. The requesting party shall pay the costs of the telephonic participation. Unless a finding is made that the telephonic participation would substantially prejudice the rights of an opposing party, the agency shall grant the request for that party or witness to participate telephonically if
1. no party objects;
2. the witness lives more than 30 miles one way from the hearing site;
3. the party lives more than 100 miles one way from the hearing site; or
4. other good cause is shown to the satisfaction of the agency.

History. (§ 9 (ch 2) ch 143 SLA 1959; am § 5 ch 54 SLA 1985; am §§ 3, 4 ch 63 SLA 1995)

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 334.

73A C.J.S., Public Administrative Law and Procedure, §§ 261-263.

Sec. 44.62.420. Form of notice of hearing.

The agency shall deliver or mail a notice of hearing to all parties at least 10 days before the hearing. The hearing may not be held before the expiration of the time within which the respondent is entitled to file a notice of defense.
The notice to respondent must be substantially in the following form but may include other information:

You are notified that a hearing will be held before (here insert name of agency) at (here insert place of hearing) upon the . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . ., 2 . . ., at the hour of . . . . . . . . . . . ., upon the charges made in the accusation served upon you. You may be present at the hearing, may be but need not be represented by counsel, may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You may have subpoenas issued to compel the attendance of witnesses and the production of books, documents or other things by applying to (here insert appropriate office or agency).

History. (§ 10 (ch 2) ch 143 SLA 1959)

Revisor’s notes. —

In 2000, “2...” was substituted for “19..” in accordance with sec. 105, ch. 21, SLA 2000.

Notes to Decisions

Cited in

Hale v. Vitale, 751 P.2d 488 (Alaska 1988).

Sec. 44.62.430. Subpoenas; witness fees.

Before the hearing begins the agency shall issue subpoenas and subpoenas duces tecum at the request of a party in accordance with the rules of civil procedure. After the hearing begins the agency hearing a case or a hearing officer sitting alone may issue subpoenas and subpoenas duces tecum.
A subpoena issued under (a) of this section extends to all parts of the state and shall be served in accordance with the rules of civil procedure. A witness is not obliged to attend at a place out of the house district in which the witness resides unless the distance is less than 100 miles from the place of residence, except that the agency, upon affidavit of a party showing that the testimony of the witness is material and necessary, may endorse on the subpoena an order requiring the attendance of the witness.
A witness who is not a party and who appears under a subpoena is entitled to receive
1. fees as prescribed for a witness in court actions, unless the witness is an officer or employee of the state or a political subdivision of the state;
2. reimbursement of transportation expenses in accordance with standards established by the Department of Administration under AS 39.20.160 , for required travel in excess of 30 miles round trip from the witness’s residence; and
3. reimbursement of food and lodging expenses in accordance with standards established by the Department of Administration under AS 39.20.160 for each day of actual attendance and for each day of reasonable and necessary travel to and from the place of the hearing if the witness attends a hearing or deposition at a point so distant from the residence of the witness that a return to the residence from day to day is not practicable.
Fees, transportation expenses, and food and lodging expenses shall be paid by the party at whose request the witness is subpoenaed.

History. (§ 11 (ch 2) ch 143 SLA 1959; am §§ 5, 6 ch 63 SLA 1995; am § 96 ch 21 SLA 2000)

Cross references. —

For issuance and service of subpoenas, see Rule 45, Alaska Rules of Civil Procedure; for witness fees for mileage, see Administrative Rule 7(b), Alaska Rules of Court.

Opinions of attorney general. —

AS 23.30.115 and 23.30.135 cover much the same ground as AS 44.62.430 , 44.62.440 and AS 44.62.460 of the earlier Administrative Procedure Act. This would have been unnecessary if the intent had been that the Administrative Procedure Act should govern the procedure for hearings in workers’ compensation hearings. 1959 Alas. Op. Att'y Gen. No. 24.

The Alaska Police Standards Council cannot request the issuance of subpoenas for investigative police reports or documents from other agencies without having initiated proceedings for revocation of a certificate under the Administrative Procedure Act. November 24, 1980, Op. Att’y Gen.

Notes to Decisions

Applied in

Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

Cited in

Sengupta v. Univ. of Alaska, 21 P.3d 1240 (Alaska 2001); Yost v. State, 234 P.3d 1264 (Alaska 2010).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 337 to 340.

73 C.J.S., Public Administrative Law and Procedure, §§ 156-160, 247-250.

Power of administrative agency, in investigation of nonjudicial nature, to issue subpoenas against persons not subject to agency’s regulatory jurisdiction. 27 ALR2d 1208.

Sec. 44.62.440. Depositions.

Upon a motion with good cause shown or upon stipulation of the parties, an agency may order discovery, including a deposition to perpetuate testimony, by any reasonable method including those methods prescribed by law in civil actions.
If the witness resides outside the state and if the agency orders the taking of the testimony of the witness by deposition, the agency shall obtain an order of court to that effect by filing a petition for the taking of the deposition in the superior court nearest to the principal office of the agency. The proceedings on this order shall be in accordance with provisions governing the taking of depositions in the superior court in a civil action.

History. (§ 12 (ch 2) ch 143 SLA 1959; am § 7 ch 63 SLA 1995)

Cross references. —

For depositions generally, see Rules 28 — 31, Alaska Rules of Civil Procedure.

Opinions of attorney general. —

Notes to Decisions

Procedure for granting petitions for deposition. —

Petitions filed pursuant to subsection (a) of this section may be granted without a hearing, although it should remain open for a party opponent to file a motion to quash the deposition with the agency on such grounds as may be appropriate; and in determining the appropriateness of such a motion, the agency should look to the requirements of this section and, by analogy, to Civ. R. 26 through 32. State v. Thompson, 612 P.2d 1015 (Alaska 1980).

Out-of-state resident deposed in Alaska. —

Subsection (b) of this section is intended to apply where a deposition is taken out of the state, and thus, where an out-of-state resident is to be deposed in Alaska, a superior court order is not necessary. State v. Thompson, 612 P.2d 1015 (Alaska 1980).

Sec. 44.62.450. Hearings.

A hearing in a contested case shall be presided over by a hearing officer. Unless the hearing is conducted by the office of administrative hearings (AS 44.64.010 ), the agency itself shall determine whether the hearing officer hears the case alone or whether the agency hears the case with the hearing officer.
If the agency hears the case the hearing officer shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the agency on matters of law. The agency shall exercise all other powers relating to the conduct of the hearing, but may delegate any or all of these other powers to the hearing officer. If the hearing officer hears a case alone, the hearing officer shall exercise all powers relating to the conduct of the hearing.
A hearing officer or agency member shall voluntarily seek disqualification and withdraw from a case in which the hearing officer or agency member cannot accord a fair and impartial hearing or consideration. A party may request the disqualification of a hearing officer or agency member by filing an affidavit, before the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. If the request concerns an agency member the issue shall be determined by the other members of the agency. If the request concerns the hearing officer, the issue shall be determined by the agency when the agency hears the case with the hearing officer, and by the hearing officer when the officer hears the case alone. An agency member may not withdraw voluntarily or be disqualified if the disqualification would prevent the existence of a quorum qualified to act in the particular case.
The proceedings at the hearing shall be reported by a phonographic reporter or recorder, or other adequate means of assuring an accurate record.

History. (§ 13 (ch 2) ch 143 SLA 1959; am § 79 ch 163 SLA 2004)

Administrative Code. —

For amusement rides, see 8 AAC 78, art. 1.

For tramways, see 8 AAC 78, art. 2.

Opinions of attorney general. —

Difference between hearings under this section and AS 44.62.210 and distinction between “adjudicative facts” and “legislative facts.” See 1960 Alas. Op. Att'y Gen. No. 7.

This section and AS 44.62.330 were superseded with respect to workers’ compensation hearings by the Alaska Workers’ Compensation Act. 1959 Alas. Op. Att'y Gen. No. 24.

This article was intended to be applicable to quasi-judicial proceedings such as a dispute as to adjudicative fact under Banking Code and not to quasi-legislative proceedings, which are governed by article 4. Article 4 of this chapter sets forth the procedure which must be followed when an agency exercises its quasi-legislative power. 1960 Alas. Op. Att'y Gen. No. 7.

This article provides for adjudication and the kind of hearing which would be designated a trial. 1960 Alas. Op. Att'y Gen. No. 7.

Notes to Decisions

Exhaustion of administrative remedies. —

In a case in which it was alleged that the Executive Director of the Alaska Public Offices Commission was biased, the disqualification procedure outlined in AS 44.62.450(c) represented an administrative remedy to the Executive Director’s allegedly biased conduct. The superior court did not abuse its discretion when it held appellant had failed to show that exhaustion of administrative remedies was certain to be futile. RBG Bush Planes, LLC v. Kirk, 340 P.3d 1056 (Alaska 2015).

Quoted in

Alaska Redi-Mix, Inc. v. Alaska Workmen's Comp. Bd., 417 P.2d 595 (Alaska 1966).

Stated in

Alaska Alcoholic Beverage Control Bd. v. Malcolm, Inc., 391 P.2d 441 (Alaska 1964).

Cited in

Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979); Hale v. Vitale, 751 P.2d 488 (Alaska 1988); Stein v. Kelso, 846 P.2d 123 (Alaska 1993).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 298 to 359.

73A C.J.S., Public Administrative Law and Procedure, §§ 257-271.

Comment note on right of assistance by counsel in administrative proceedings. 33 ALR3d 229.

Sec. 44.62.460. Evidence rules.

Oral evidence may be taken only on oath or affirmation.
Each party may
1. call and examine witnesses;
2. introduce exhibits;
3. cross-examine opposing witnesses on matter relevant to the issues, even though that matter was not covered in the direct examination;
4. impeach a witness regardless of which party first called the witness to testify; and
5. rebut the adverse evidence.
If the respondent does not testify in behalf of the respondent, the respondent may be called and examined as if under cross-examination.
The hearing need not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action. The rules of privilege are effective to the same extent that they are recognized in a civil action. Irrelevant and unduly repetitious evidence shall be excluded.
Unless a different standard of proof is stated in applicable law, the
1. petitioner has the burden of proof by a preponderance of the evidence if an accusation has been filed under AS 44.62.360 or if the renewal of a right, authority, license, or privilege has been denied;
2. respondent has the burden of proof by a preponderance of the evidence if a right, authority, license, or privilege has been initially denied or not issued.

History. (§ 14 (ch 2) ch 143 SLA 1959; am § 8 ch 5 SLA 1966; am § 8 ch 63 SLA 1995)

Opinions of attorney general. —

Notes to Decisions

Applicability to workers’ compensation hearings. —

Alaska’s Administrative Procedure Act is applicable to Workers’ Compensation Board hearings. Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

Alaska Workers' Compensation Commission's conclusion that the Alaska Workers' Compensation Board did not abuse its discretion in excluding attorney witnesses' testimony was incorrect because the Board prevented them from testifying at all and did not sustain objections to specific questions eliciting irrelevant information, even though the proposed testimony was relevant; at the time the claimants sought to call the witnesses, the Board did not have the information they could have supplied Rusch v. Southeast Alaska Reg'l Health Consortium, 453 P.3d 784 (Alaska 2019).

Subsection (d) applies to compensation proceedings. Cook v. Alaska Workmen's Compensation Bd., 476 P.2d 29 (Alaska 1970).

And it specifically allows for the consideration of hearsay evidence. Cook v. Alaska Workmen's Compensation Bd., 476 P.2d 29 (Alaska 1970).

Compensation hearings need not be conducted according to technical rules of evidence, and hearsay evidence may be used in board hearings. Whaley v. Alaska Workers' Comp. Bd., 648 P.2d 955 (Alaska 1982).

Board was authorized to exclude untrustworthy testimony by claimant regarding discussion with physician concerning cause and extent of his medical condition. Whaley v. Alaska Workers' Comp. Bd., 648 P.2d 955 (Alaska 1982).

Language of subsection (d) of this section gives board discretion to exclude hearsay evidence where it appears untrustworthy. Whaley v. Alaska Workers' Comp. Bd., 648 P.2d 955 (Alaska 1982).

But it does not abrogate right to cross-examination. —

Subsection (d) of this section and AS 23.30.135(a) , statutes permitting informal administrative proceedings, were never intended to, and could not, abrogate the right to cross-examination in an adjudicatory proceeding. Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974); Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

Such right is absolute. —

The statutory right to cross-examination is absolute and applicable to the Alaska Workers’ Compensation Board. Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

When right to cross-examine not waived. —

A party does not waive his right of cross-examination when to exercise that right would have required that party to bear the initial cost of producing the witness at the hearing. Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

Given the absence of any Workers’ Compensation Board rule pertaining to medical reports that parallels its affidavit rule, and in light of the absence of a system requiring notice of intention to cross-examine to be filed before hearing when medical reports are served upon opposing parties pursuant to the Board’s current medical report rules, the superior court erred in its conclusion that appellants had waived their right to cross-examine the doctors who had authored the reports. Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

Failing to engage in discovery is not a waiver of the right to challenge the evidence which is adduced at a Workers’ Compensation Board hearing. Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

Subsection (b) of this section is parallelled by 8 AAC § 45.120(c). Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974).

The supreme court must interpret subsection (b) and 8 AAC § 45.120(c) identically. Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974).

Standard of proof. —

AS 44.62.460(e) directs that the standard of proof in administrative hearings be by a preponderance of the evidence unless applicable law specifies a different standard. As no statute or rule as to workers’ compensation reimbursement claims, relating to employee fraud, addresses the issue of what standard of proof is appropriate, the default standard of this section applies. Denuptiis v. Unocal Corp., 63 P.3d 272 (Alaska 2003).

Burden of proof. —

While the Alaska Administrative Procedure Act, does not specifically state who has the burden of proof in administrative adjudications, it does provide in AS 44.62.460(e) (as it read prior to the 1995 amendment) that “Nothing herein shall be construed to alter the ordinary rules of burden of proof of judicial proceedings in Alaska.” The foregoing provision, coupled with the fact that under the Administrative Procedure Act a hearing to determine whether a license should be granted, issued, or renewed shall be initiated by filing a “statement of issues” which must be served upon the person seeking the issuance or renewal of the license as the respondent (AS 44.62.370 , AS 44.62.380 ), and against which the respondent may defend by filing a notice of defense (AS 44.62.390 ) compelled the supreme court to conclude that the burden of proof on the issue raised by the statement of issues was upon the state. Alaska Alcoholic Beverage Control Bd. v. Malcolm, Inc., 391 P.2d 441 (Alaska 1964).

Alcoholic Beverage Control Board properly assigned the burden of proof to an applicant in her petition for a waiver of the annual operating requirement for her liquor license. A waiver of operation is a privilege, and the applicant must affirmatively prove the lack of fault. Rollins v. State, 312 P.3d 1091 (Alaska 2013).

Applied in

Employers Commerical Union Ins. Cos. v. Schoen, 554 P.2d 1146 (Alaska 1976).

Quoted in

Brown v. Northwest Airlines, 444 P.2d 529 (Alaska 1968).

Cited in

Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 344 to 359.

73A C.J.S., Public Administrative Law and Procedure, §§ 235 to 246.

Administrative decision or finding based on evidence secured outside of hearing, and without presence of interested party or counsel. 18 ALR2d 552.

Administrative decision by officer not present when evidence was taken. 18 ALR2d 606.

Weight, in administrative proceeding, of evidence of surveys or polls of public or consumer’s opinion, recognition, preference, or the like. 76 ALR2d 633; 98 ALR Fed. 20.

Comment Note on hearsay evidence in proceedings before state administrative agencies. 36 ALR3d 12.

Sec. 44.62.470. Evidence by affidavit.

At any time 10 or more days before a hearing or a continued hearing, a party may mail or deliver to the opposing party a copy of an affidavit that the party proposes to introduce in evidence, together with a notice as provided in (b) of this section. Unless the opposing party, within seven days after that mailing or delivery, mails or delivers to the proponent a request to cross-examine an affiant, the party’s right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not given after request for it is made, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
The notice referred to in (a) of this section must be substantially in the following form:

The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing in (here insert title of proceeding). (Here insert name of affiant) will not be called to testify orally and you may not question the affiant unless you notify (here insert name of proponent or the proponent’s attorney) at (here insert address) that you wish to cross-examine the affiant. To be effective your request must be mailed or delivered to (here insert name of proponent or the proponent’s attorney) before (here insert a date eight days after the date of mailing or delivering the affidavit to the opposing party).

History. (§ 15 (ch 2) ch 143 SLA 1959)

Notes to Decisions

Cited in

Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974).

Sec. 44.62.480. Official notice.

In reaching a decision official notice may be taken, either before or after submission of the case for decision, of a generally accepted technical or scientific matter within the agency’s special field, and of a fact that is judicially noticed by the courts of the state. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to in the record, or appended to it. A party present at the hearing shall, upon request, be given a reasonable opportunity to refute the officially noticed matters by evidence or by written or oral presentation of authority. The agency shall determine the manner of this refutation.

History. (§ 16 (ch 2) ch 143 SLA 1959)

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 349.

Notes to Decisions

Notice proper. —

Workers' Compensation Board did not err in taking administrative notice of medical guides' statement about chronic muscle strain being a diagnosis; the statute put the onus on the parties to seek a reasonable opportunity to refute the officially noticed matters, and the State sought neither reconsideration nor modification of the final decision. Board gave the State the same statutory procedural protections afforded to all litigants. Alaska State Comm'n for Human Rights v. United Physical Therapy, 484 P.3d 599 (Alaska 2021).

Sec. 44.62.490. Amendment of accusation after submission.

The agency may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that the party will be prejudiced by it unless the case is reopened to permit the introduction of additional evidence in behalf of the party. If prejudice is shown, the agency shall reopen the case to permit the introduction of additional evidence.

History. (§ 17 (ch 2) ch 143 SLA 1959)

Sec. 44.62.500. Decision in a contested case.

If a contested case is heard before an agency
1. the hearing officer who presided at the hearing shall be present during the consideration of the case and, if requested, shall assist and advise the agency; and
2. a member of the agency who has not heard the evidence may not vote on the decision.
If a contested case is heard by a hearing officer alone, the hearing officer shall prepare a proposed decision in a form that may be adopted as the decision in the case. A copy of the proposed decision shall be filed by the agency as a public record with the lieutenant governor, and a copy of the proposed decision shall be served by the agency on each party in the case and the party’s attorney. Except as otherwise provided in AS 44.64.060(e) , for a hearing conducted by the office of administrative hearings, the agency itself may adopt the proposed decision in its entirety, or may reduce the proposed penalty and adopt the balance of the proposed decision.
If the proposed decision is not adopted as provided in (b) of this section the agency may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned the hearing officer shall prepare a proposed decision as provided in (b) of this section upon the additional evidence and the transcript and other papers that are part of the record of the earlier hearing. A copy of the proposed decision shall be furnished to each party and the party’s attorney as prescribed by (b) of this section. The agency may not decide a case provided for in this subsection without giving the parties the opportunity to present either oral or written argument before the agency. If additional oral evidence is introduced before the agency, an agency member may not vote unless that member has heard the additional oral evidence. This subsection does not apply to a hearing conducted by the office of administrative hearings.

History. (§ 18 (ch 2) ch 143 SLA 1959; am §§ 80, 81 ch 163 SLA 2004)

Notes to Decisions

Presence of hearing officer at agency’s deliberations. —

The State Medical Board did not violate subsection (b) of this section in allowing the hearing officer to be present during the board’s closed executive session. Rosi v. State Medical Bd., 665 P.2d 28 (Alaska), cert. denied, 464 U.S. 937, 104 S. Ct. 346, 78 L. Ed. 2d 312 (U.S. 1983).

The absence of a mandatory phrase requiring the hearing officer’s presence in subsection (b) deliberations cannot reasonably be interpreted to deprive the board of the discretion to receive valuable assistance from the hearing officer in a case which clearly requires the hearing officer’s assistance. Storrs v. State Medical Bd., 664 P.2d 547 (Alaska), cert. denied, 464 U.S. 937, 104 S. Ct. 346, 78 L. Ed. 2d 312 (U.S. 1983).

Alaska Transportation Commission exempted. —

Former AS 42.07.151(a) specifically exempted the Alaska Transportation Commission from the requirements of both AS 44.62.340 , forbidding the delegation of the hearing power absent express statutory authorization, and this section, requiring the hearing officer to prepare a proposed decision and forbidding members of the applicable government agency from voting on the decision if they have not heard the evidence. Alaska Transp. Comm'n v. Gandia, 602 P.2d 402 (Alaska 1979).

Director did not consider all relevant evidence before sanctioning. —

Neither equitable estoppel nor laches barred the division from suspending and conditioning defendant’s individual insurance producer’s license in 1995, but because the division’s director did not consider current evidence that was highly relevant to the sanctions issue, the division was instructed to reconsider its sanctions decision after conducting a hearing on the sanctions issue. Department of Commerce & Econ. Dev., Div. of Ins. v. Schnell, 8 P.3d 351 (Alaska 2000).

Applied in

DeNardo v. State, 740 P.2d 453 (Alaska 1987); Kimble v. State, Dep't of Commerce & Economic Dev., Bd. of Nursing, 928 P.2d 1201 (Alaska 1996).

Quoted in

Schmidt v. Beeson Plumbing & Heating, 869 P.2d 1170 (Alaska 1994); State v. Platt, 169 P.3d 595 (Alaska 2007).

Cited in

In re Peterson, 499 P.2d 304 (Alaska 1972); Grunert v. Commercial Fisheries Entry Comm'n, 735 P.2d 118 (Alaska 1987); Squires v. Alaska Bd. of Architects, 205 P.3d 326 (Alaska 2009).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 360 to 372.

73A C.J.S., Public Administrative Law and Procedure, §§ 278-288.

Sec. 44.62.510. Form and retroactivity of decision.

A decision shall be written and must contain findings of fact, a determination of the issues presented, and the penalty, if any. The findings may be stated in the language of the pleadings or by reference to them. Copies of the decision shall be delivered to the parties personally or sent to them by certified mail.
A decision in a primarily judicial proceeding has retroactive effect in the same manner as a decision of a state court.

History. (§ 19 (ch 2) ch 143 SLA 1959; am § 9 ch 63 SLA 1995)

Notes to Decisions

Decision must contain findings of fact. —

Under the Administrative Procedure Act a decision of the Workers’ Compensation Board is required to contain findings of fact. Brown v. Northwest Airlines, 444 P.2d 529 (Alaska 1968).

Findings must be made pursuant to this section and AS 44.62.570(b) . —

Findings of fact supporting compensation awards must be made pursuant to subsection (a) of this section and AS 44.62.570(b) . Hewing v. Alaska Workmen's Compensation Bd., 512 P.2d 896 (Alaska 1973).

Findings need not accompany acceptance of petition for borough incorporation. —

The supreme court found no statutory command that findings of fact accompany acceptance of a petition for borough incorporation. Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974).

Former AS 07.10.110, which permitted judicial review of the local boundary commission’s acceptance of a petition to incorporate a proposed organized borough “in the manner and within the scope of review prescribed by the Administrative Procedure Act (AS 44.62),” when read together with this section, did not create an obligation on the part of the local boundary commission to make findings of fact. Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974).

Failure to follow section constitutes abuse of discretion. —

Where the written decision of the Workers’ Compensation Board contained no such findings as required by this section, the board abused its discretion. Manthey v. Collier, 367 P.2d 884 (Alaska 1962).

Disclosure of basis for determination of motions to dismiss. —

The Workers’ Compensation Board should either file a separate order or in its decision make findings that disclose the basis for its determination of motions to dismiss. Morrison-Knudsen Co. v. Vereen, 414 P.2d 536 (Alaska 1966); Alaska Redi-Mix, Inc. v. Alaska Workmen's Comp. Bd., 417 P.2d 595 (Alaska 1966).

Quoted in

Wien Air Alaska, Inc. v. State, Dep't of Revenue, 647 P.2d 1087 (Alaska 1982); Alcoholic Beverage Control Bd. v. Decker, 700 P.2d 483 (Alaska 1985).

Cited in

Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979); Allen v. Alaska Oil & Gas Conservation Comm'n, 1 P.3d 699 (Alaska 2000).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 373 to 377.

73A C.J.S., Public Administrative Law and Procedure, §§ 283-285.

Stare decisis doctrine as applicable to decisions of administrative agencies. 79 ALR2d 1126.

Sec. 44.62.520. Effective date of decision; stay.

A decision becomes effective 30 days after it is delivered or mailed to the respondent unless
1. a reconsideration is ordered within that time;
2. the agency itself orders that the decision become effective sooner; or
3. a stay of execution is granted for a particular purpose and not to postpone judicial review.
A stay of execution may be included in the decision or, if not included in it, may be granted by the agency at any time before the decision becomes effective. The stay of execution may be accompanied by an express condition that the respondent comply with specified terms of probation. The terms of probation shall be just and reasonable in the light of the findings and decision.
If the respondent was required to register with a public officer, a notification of suspension or revocation shall be sent to that officer after the decision becomes effective.

History. (§ 20 (ch 2) ch 143 SLA 1959)

Notes to Decisions

Applied in

DeNardo v. State, 740 P.2d 453 (Alaska 1987).

Quoted in

Pan Am. Petro. Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969); Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

Sec. 44.62.530. Default.

If the respondent does not file a notice of defense or does not appear at the hearing, the agency may take action based upon the respondent’s express admissions or upon other evidence, and affidavits may be used as evidence without notice to the respondent. If the burden of proof is on the respondent to establish that the respondent is entitled to the agency action sought, the agency may act without taking evidence. Nothing in this chapter may be construed to deprive the respondent of the right to make a showing by way of mitigation.

History. (§ 21 (ch 2) ch 143 SLA 1959)

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 292.

Sec. 44.62.540. Reconsideration.

The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party. To be considered by the agency, a petition for reconsideration must be filed with the agency within 15 days after delivery or mailing of the decision. The power to order a reconsideration expires 30 days after the delivery or mailing of a decision to the respondent. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition is considered denied.
The case may be reconsidered by the agency on all the pertinent parts of the record and the additional evidence and argument that are permitted, or may be assigned to a hearing officer. A reconsideration assigned to a hearing officer is subject to the procedure provided in AS 44.62.500 . If oral evidence is introduced before the agency, an agency member may not vote unless that member has heard the evidence.

History. (§ 22 (ch 2) ch 143 SLA 1959; am § 10 ch 63 SLA 1995)

Administrative Code. —

For appeals, see 11 AAC 2.

Notes to Decisions

Applicability of subsection (a). —

Subsection (a) applies only to reconsideration by the specific “agency” that actually made the decision, not the more comprehensive agency. Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

Intra-departmental review not precluded. —

Subsection (a) does not preclude the kind of intra-departmental review presented where the commissioner of the Department of Natural Resources reviews the decision of the director of the division of lands, denying an application for discovery well certification, particularly where such review is authorized by statute. Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

Even though the administrative code provisions refer to the commissioner’s action on petition for reconsideration where the director of the division of lands has denied an application for discovery well certification, as “reconsideration,” the actual process is that of the “review” authorized by AS 38.05.020(b)(3) . Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

“Review” and “reconsideration” compared. —

Both “review” and “reconsideration” in a broad sense refer to a re-examination of acts or a course of proceedings. But as normally used in the context of administrative adjudication, “review” implies a consideration of a case by one other than the entity which initially decides it, while “reconsideration” implies a re-examination, and possibly a different decision, of a case by the entity which initially decides it. Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

Time limitation on right to seek judicial review. —

Subsection (a) and AS 44.62.560(a) seem to combine to allow only 60 days after delivery or mailing of a decision within which to seek review in the courts, where the agency has not responded to a petition for reconsideration within 30 days after delivery of its decision. Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

Dismissal of appeal was improper because the Second Injury Fund had 30 days to appeal from the date it received notice that reconsideration was denied and it filed a timely appeal after the Workers’ Compensation Board gave it written notice that reconsideration was denied. State v. Tongass Bus. Ctr., Commerce & Industry Ins. Co., 276 P.3d 453 (Alaska 2012).

Applied in

DeNardo v. State, 740 P.2d 453 (Alaska 1987).

Quoted in

Pan Am. Petro. Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969); Owsichek v. Guide Licensing & Control Bd., 627 P.2d 616 (Alaska 1981).

Cited in

In re Peterson, 499 P.2d 304 (Alaska 1972); Jeffries v. Glacier State Tel. Co., 604 P.2d 4 (Alaska 1979); Anderson v. Commercial Fisheries Entry Comm'n, 654 P.2d 1320 (Alaska 1982); Wendte v. State, 70 P.3d 1089 (Alaska 2003); Studley v. Alaska Pub. Offices Comm'n, 389 P.3d 18 (Alaska 2017).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 378 to 380.

73A C.J.S., Public Administrative Law and Procedure, §§ 297-304.

Power of administrative agency to reopen and reconsider final decision as affected by lack of specific statutory authority. 73 ALR2d 939.

Sec. 44.62.550. Petition for reinstatement or reduction of penalty.

A person whose license is revoked or suspended may petition the agency for reinstatement or reduction of penalty after one year from the effective date of the decision or from the date of the denial of a similar petition. The agency shall give notice to the attorney general of the filing of the petition, and the attorney general and the petitioner shall be given an opportunity to present either oral or written argument before the agency. The agency shall decide the petition, and the decision must include the reasons for the decision. This section does not apply if the statutes dealing with the particular agency contain different provisions for reinstatement or reduction of penalty.

History. (§ 23 (ch 2) ch 143 SLA 1959)

Opinions of attorney general. —

The words of AS 44.62.330(d) , “in a case of reinstatement or reduction of penalty,” refer to this section, which provides that a person whose license is revoked or suspended may petition the agency for reinstatement or reduction of penalty after one year from the effective date of the decision or from the date of denial of the similar petition. 1963 Alas. Op. Att'y Gen. No. 10.

A hearing to determine whether a penalty should be reduced or reinstated is necessary under this section because such a determination requires the agency to make findings of fact regarding conditions that have changed since the imposition of the penalty at least one year previous. 1963 Alas. Op. Att'y Gen. No. 10.

Sec. 44.62.560. Judicial review.

Judicial review by the superior court of a final administrative order may be had by filing a notice of appeal in accordance with the applicable rules of court governing appeals in civil matters. Except as otherwise provided in this section, the notice of appeal shall be filed within 30 days after the last day on which reconsideration can be ordered, and served on each party to the proceeding. The right to appeal is not affected by the failure to seek reconsideration before the agency.
The complete record of the proceedings, or the parts of it which the appellant designates, shall be prepared by the agency. A copy shall be delivered to all parties participating in the appeal. The original shall be filed in the superior court within 30 days after the appellant pays the estimated cost of preparing the complete or designated record or files a corporate surety bond equal to the estimated cost.
The complete record includes
1. the pleadings;
2. all notices and orders issued by the agency;
3. the proposed decision by a hearing officer;
4. the final decision;
5. a transcript of all testimony and proceedings;
6. the exhibits admitted or rejected;
7. the written evidence; and
8. all other documents in the case.
Upon order of the superior court, appeals may be taken on the original record or parts of it. The record may be typewritten or duplicated by any standard process. Analogous rules of court governing appeals in civil matters shall be followed where this chapter is silent, and when not in conflict with this chapter.
The superior court may enjoin agency action in excess of constitutional or statutory authority at any stage of an agency proceeding. If agency action is unlawfully withheld or unreasonably withheld, the superior court may compel the agency to initiate action.

History. (§ 24 (ch 2) ch 143 SLA 1959)

Cross references. —

For court rule provisions that supersede some of the provisions of this section, see Appellate Rules 601 — 611, Alaska Rules of Court.

Notes to Decisions

This section and AS 44.62.570 prescribe the manner and scope of judicial review. Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974).

But they do not address the form of an agency’s determinations. Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974).

Effect of court judgment. —

Where a superior court judgment affirmed a labor relations agency decision based on plaintiff’s failure to file a timely appeal, the validity or invalidity of the underlying agency decision is irrelevant to the validity of the subsequent affirmance. DeNardo v. State, 740 P.2d 453 (Alaska), cert. denied, 484 U.S. 919, 108 S. Ct. 277, 98 L. Ed. 2d 239 (U.S. 1987).

When review is proper. —

Review is proper where postponement of appellate review until a final judgment is entered by the superior court may result in injustice because of impairment of a legal right and where the order sought to be reviewed is of such substance and importance as to justify deviation from the normal appellate procedure by way of appeal and to require the immediate attention of this court. Mukluk Freight Lines v. Nabors Alaska Drilling, 516 P.2d 408 (Alaska 1973).

When order is final. —

An order by the trial court as a general rule is said to be final if it completely and finally disposes of the contested claims on their merits. Mukluk Freight Lines v. Nabors Alaska Drilling, 516 P.2d 408 (Alaska 1973).

The term “finality” is subject to several definitions. Mukluk Freight Lines v. Nabors Alaska Drilling, 516 P.2d 408 (Alaska 1973).

Final administrative determination. —

The rejection of an application for a permit constituted a final administrative determination where there was no more time to submit evidence or alter the decision through administrative means. Ostman v. Commercial Fisheries Entry Comm'n, 678 P.2d 1323 (Alaska 1984).

Where the case-closing decision of the executive director of the State Commission for Human Rights in a discrimination case was the final action of the agency, it was ripe for judicial review. Department of Fish & Game, Sport Fish Div. v. Meyer, 906 P.2d 1365 (Alaska 1995).

Applicable standard for review of agency determination. —

Where the issues before the court had to do only with construction or interpretation of legislative enactments, specifically whether AS 42.07.141(b) required the Commission to promulgate procedural rules for use of modified procedures, the issues were a legal concern and the proper standard of review required independent judicial resolution unhampered by any prior agency determination. Mukluk Freight Lines v. Nabors Alaska Drilling, 516 P.2d 408 (Alaska 1973).

The heading of article 8, “Administrative Adjudication,” is not determinative of whether this section and AS 44.62.570 apply solely to adjudicatory proceedings, since such headings are not part of the law of Alaska. Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979), amended, 615 P.2d 1391 (Alaska 1980).

Action of the Alcoholic Beverage Control Board in considering and approving a license application was an administrative adjudication. Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979), amended, 615 P.2d 1391 (Alaska 1980).

Who may appeal order. —

Although this section does not specify who may appeal the order, it is interpreted to create a right of appeal in the parties to an administrative hearing. Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979), amended, 615 P.2d 1391 (Alaska 1980).

Although not party to action, city had standing to appeal a decision of the utilities commission because it (1) was directly interested in the proceedings, (2) was factually aggrieved by the decision, and (3) participated in the proceedings. Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979), amended, 615 P.2d 1391 (Alaska 1980).

“Parties”. —

Persons permitted to appear at a public hearing authorized by former AS 04.05.030(c) were parties to that proceeding. Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979), amended, 615 P.2d 1391 (Alaska 1980).

Necessary parties. —

It is too broad a reading of this section to conclude that the phraseology “final administrative order” manifests a legislative intent that either the director of the division of lands, or the State of Alaska, is a necessary party to any appeal from the director’s grant or rejection of an application for royalty allowance once the same has been contested. Pan Am. Petro. Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969).

Time limit for filing subject to appellate rules. —

Complaint seeking declaratory relief from denial of exclusive guide area permit on the grounds that the guide use statute was unconstitutional was an independent action and the time for filing an appeal in this section did not apply. Owsichek v. Guide Licensing & Control Bd., 627 P.2d 616 (Alaska 1981).

Time limitation set by AS 44.62.540(a) and subsection (a). —

AS 44.62.540(a) and subsection (a) of this section seem to combine to allow only 60 days after delivery or mailing of a decision within which to seek review in the courts, where the agency has not responded to a petition for reconsideration within 30 days after delivery of its decision. Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

“Review” and “reconsideration” compared. —

Both “review” and “reconsideration” in a broad sense refer to a re-examination of acts or a course of proceedings. But as normally used in the context of administrative adjudication, “review” implies a consideration of a case by one other than the entity that initially decides it, while “reconsideration” implies a re-examination, and possibly a different decision, of a case by the entity which initially decides it. Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

Judicial review without exhaustion of remedies. —

Pan Am. Petroleum Corp. v. Shell Oil Co. , 455 P.2d 12 (1969), establishes the propriety of seeking judicial review of a division of lands decision without exhausting further remedies within the Department of Natural Resources. But it does not prohibit the pursuit of further remedies within the department where those remedies exist pursuant to statutory authority and promulgated regulations, such as AS 38.05.020 and former 11 AAC 516.32. Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

There are situations in which one may possess the alternatives of either seeking judicial review directly from a decision of the division of lands or seeking review by the commissioner and then invoking judicial review. Union Oil Co. v. State, Dep't of Nat. Res., 526 P.2d 1357 (Alaska 1974).

Dismissal for failure to submit record. —

The superior court should not have dismissed a prisoner’s appeal of disciplinary penalties due to his failure to submit the agency record. The Alaska Department of Corrections (DOC) is charged with the responsibility of submitting a record, even though a prisoner may be held responsible for the costs. Nothing in the record showed that DOC or the superior court advised the prisoner that if he could not pay for the costs of preparing the record on appeal, then he could file for relief with the superior court. Johnson v. State, — P.3d — (Alaska Nov. 14, 2012) (memorandum decision).

Failure to file an appeal within strict time limitations does not create a jurisdictional defect. McCarrey v. Commissioner of Natural Resources, 526 P.2d 1353 (Alaska 1974).

Extension of time limitations for filing appeal is procedural. —

The superior court’s decision in extending the time limitations for filing an appeal only involved a procedural matter and was entirely proper since in analogous procedural matters, Alaska Civ. R. 94 permits a superior court to relax the filing deadlines provided in the civil rules. McCarrey v. Commissioner of Natural Resources, 526 P.2d 1353 (Alaska 1974).

No abuse of discretion in relaxing 30-day requirement. —

Due to the confusion concerning the time limitations for appealing administrative decisions, the trial court did not abuse its discretion in relaxing the 30-day requirement of this section. McCarrey v. Commissioner of Natural Resources, 526 P.2d 1353 (Alaska 1974).

Time limitation for appeals from administrative boards. —

Because former Civ. R. 45(i) allowed the superior court to “make such orders as are necessary and proper to aid its appellate jurisdiction” that would allow the court to extend the time for filing an appeal from an administrative agency decision, the superior court erred in dismissing appellant’s appeal from a decision partially denying the application for an exclusive use guide area.. McCarrey v. Commissioner of Natural Resources, 526 P.2d 1353 (Alaska 1974).

Initiation of review of order of Workers’ Compensation Board. —

Where a party to a proceeding before the Alaska Workers’ Compensation Board seeks review in superior court of a board order, such review must be initiated by the injunction procedures made obligatory by AS 23.30.125(c) . Aleutian Homes v. Fischer, 418 P.2d 769 (Alaska 1966).

Action for injunctive relief seeking same review as under appeal. —

When an action for injunctive relief seeks exactly the same review by the superior court as could be had in an appeal from the administrative order, the action should be treated as an appeal. Owsichek v. State, Guide Licensing & Control Bd., 627 P.2d 616 (Alaska 1981), providing that to the extent that this holding is inconsistent with the discussion of the issue in United States v. RCA Alaska Communications, Inc., 597 P.2d 489 (Alaska 1979), overruled on other grounds, Owsichek v. Guide Licensing & Control Bd., 627 P.2d 616 (Alaska 1981), this holding takes precedence .

Complaint for injunctive relief is distinct from an appeal of an administrative order. United States v. RCA Alaska Communications, Inc., 597 P.2d 489 (Alaska 1979).

Factors required for issuance of preliminary injunction. —

The coexistence of three factors is required in order to justify the issuance of a preliminary injunction: (1) The plaintiff must be faced with irreparable harm; (2) the opposing party must be adequately protected; and (3) the plaintiff must raise “serious” and “substantial” questions going to the merits of the case; that is, the issues raised cannot be “frivolous or obviously without merit.” Keystone Servs. v. Alaska Transp. Comm'n, 568 P.2d 952 (Alaska 1977).

Article governs leasing procedures under Alaska Land Act. —

Preliminary relief where permanent rate established. —

Subsection (e) allows the superior court to assert jurisdiction and grant preliminary relief in a case where an agency has established a permanent rate. A.J. Indus. v. Alaska Pub. Serv. Comm'n, 470 P.2d 537 (Alaska 1970), modified, 483 P.2d 198 (Alaska 1971).

No waiver. —

While a doctor was barred under the memorandum of agreement from appealing the merits of the Alaska State Medical Board’s (Board) decision to discipline her, she was not barred from challenging the enforceability of the underlying agreement which granted the Board power to act; to bar an appeal of the agreement’s validity related to the violation of a condition would presumably mean also finding a waiver of the right to challenge the validity of the agreement on other grounds, such as fraud or duress, which would be unreasonable. Yost v. State, 234 P.3d 1264 (Alaska 2010).

Appeal to court to obtain review and return to court to continue litigation are separate processes. —

Appealing to a court for the purpose of obtaining review of an inferior tribunal’s order and returning to a court with retained jurisdiction for the purpose of continuing litigation are separate and distinct legal processes. Greater Anchorage Area Borough v. Anchorage, 504 P.2d 1027 (Alaska 1972), overruled, Juneau v. Thibodeau, 595 P.2d 626 (Alaska 1979).

Court apprising parties of right to seek review did not retain jurisdiction. —

A lower court that merely apprised the parties of their rights to seek judicial review of an administrative adjudication under this chapter did not retain jurisdiction. Greater Anchorage Area Borough v. Anchorage, 504 P.2d 1027 (Alaska 1972), overruled, Juneau v. Thibodeau, 595 P.2d 626 (Alaska 1979).

Applied in

Jager v. State, 537 P.2d 1100 (Alaska 1975); Moore v. State, 553 P.2d 8 (Alaska 1976); Alaska Pub. Utils. Comm'n v. Chugach Elec. Ass'n, 580 P.2d 687 (Alaska 1978); Jeffries v. Glacier State Tel. Co., 604 P.2d 4 (Alaska 1979); Hertz v. Hertz, 847 P.2d 71 (Alaska 1993); Alaska Pub. Interest Research Group v. State, 167 P.3d 27 (Alaska 2007).

Quoted in

Jerrel v. Kenai Peninsula Borough Sch. Dist., 567 P.2d 760 (Alaska 1977); Sisters of Providence in Wash., Inc. v. Dep't of Health & Social Servs., 648 P.2d 970 (Alaska 1982); Vincent v. Commercial Fisheries Entry Comm'n, 717 P.2d 391 (Alaska 1986).

Stated in

Alaska Transp. Comm'n v. Alaska Airlines, 431 P.2d 510 (Alaska 1967); Matanuska-Susitna Borough v. Lum, 538 P.2d 994 (Alaska 1975).

Cited in

Leege v. Martin, 379 P.2d 447 (Alaska 1963); King v. Alaska State Hous. Auth., 512 P.2d 887 (Alaska 1973); Alaska Pub. Utils. Comm'n v. Greater Anchorage Area Borough, 534 P.2d 549 (Alaska 1975); D.S.W. v. Fairbanks N. Star Borough Sch. Dist., 628 P.2d 554 (Alaska 1981); McDaniel v. Cory, 631 P.2d 82 (Alaska 1981); Pipeliners Union 798 v. Alaska State Comm'n for Human Rights, 681 P.2d 330 (Alaska 1984); Messerli v. Department of Natural Resources, 768 P.2d 1112 (Alaska 1989); Hester v. State, Pub. Employees' Ret. Bd., 817 P.2d 472 (Alaska 1991); Alaska Fed'n for Community Self-Reliance v. Alaska Pub. Utils. Comm'n, 879 P.2d 1015 (Alaska 1994); Department of Commerce & Econ. Dev., Div. of Ins. v. Schnell, 8 P.3d 351 (Alaska 2000); Amerada Hess Pipeline Corp. v. Regulatory Comm'n of Alaska, 176 P.3d 667 (Alaska 2008); Parson v. State, 189 P.3d 1032 (Alaska 2008); Madeline P. v. Anchorage Sch. Dist., 265 P.3d 308 (Alaska 2011); Regulatory Comm'n of Alaska v. Matanuska Elec. Ass'n, 436 P.3d 1015 (Alaska 2019); Fantasies on 5th Ave., LLC v. State, 446 P.3d 360 (Alaska 2019); West v. Alaska Mental Health Trust Auth., 467 P.3d 1064 (Alaska 2020); North Slope Borough v. State, 484 P.3d 106 (Alaska 2021).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 402 et seq.

73A C.J.S., Public Administrative Law and Procedure, § 313 et seq.

Effect of court review of administrative decision. 79 ALR2d 1141.

Sec. 44.62.570. Scope of review.

An appeal shall be heard by the superior court sitting without a jury.
Inquiry in an appeal extends to the following questions: (1) whether the agency has proceeded without, or in excess of jurisdiction; (2) whether there was a fair hearing; and (3) whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agency has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.
The court may exercise its independent judgment on the evidence. If it is claimed that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by
1. the weight of the evidence; or
2. substantial evidence in the light of the whole record.
The court may augment the agency record in whole or in part, or hold a hearing de novo. If the court finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing, the court may
1. enter judgment as provided in (e) of this section and remand the case to be reconsidered in the light of that evidence; or
2. admit the evidence at the appellate hearing without remanding the case.
The court shall enter judgment setting aside, modifying, remanding, or affirming the order or decision, without limiting or controlling in any way the discretion legally vested in the agency.
The court in which proceedings under this section are started may stay the operation of the administrative order or decision until
1. the court enters judgment;
2. a notice of further appeal from the judgment is filed; or
3. the time for filing the notice of appeal expires.
A stay may not be imposed or continued if the court is satisfied that it is against the public interest.
If further appeal is taken, the supreme court may, in its discretion, stay the superior court judgment or agency order.
If a final administrative order or decision is the subject of a proceeding under this section, and the appeal is filed while the penalty imposed is in effect, finishing or complying with the penalty imposed by the administrative agency during the pendency of the proceeding does not make the determination moot.

History. (§ 25 (ch 2) ch 143 SLA 1959)

Notes to Decisions

This section and AS 44.62.560 prescribe the manner and scope of judicial review. Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974).

But they do not address the form of an agency’s determinations. Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974).

The heading of article 8, “Administrative Adjudication,” is not determinative of whether AS 44.62.560 and this section apply solely to adjudicatory proceedings, since such headings are not part of the law of Alaska. Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979), amended, 615 P.2d 1391 (Alaska 1980).

Right to peremptorily challenge a judge. —

The right to peremptorily challenge a judge exists in an appeal to the superior court from a final administrative determination of the Alaska Commercial Fisheries Entry Commission. Commercial Fisheries Entry Comm'n v. Polushkin, 628 P.2d 6 (Alaska 1981), distinguishing Halligan v. State, 624 P.2d 281 (Alaska 1981).

Enforcement judgment may be entered under AS 18.80.135(b) before the order is reviewed unless the court imposes a stay of the enforcement cause of action. Pipeliners Union 798 v. Alaska State Comm'n for Human Rights, 681 P.2d 330 (Alaska 1984).

Stay not issued. —

In an employment discrimination case, a ruling on the legality of an employer’s shareholder preference was not required under this section because there was no stay at issue. Conitz v. Alaska State Comm'n for Human Rights, 325 P.3d 501 (Alaska 2014).

Questions for review. —

One type of administrative decision on questions of law involves questions in which the particularized experience and knowledge of the administrative personnel go into the determination. When this type of question is presented to the court for review, deference should be given to the administrative interpretation, since the expertise of the agency would be of material assistance to the court. The other kind of case presents questions of law in which knowledge and experience in the industry afford little guidance toward a proper consideration of the legal issues. These cases usually concern statutory interpretations or other analysis of legal relationships about which courts have specialized knowledge and experience. Consequently, courts are at least as capable of deciding this kind of question as is an administrative agency. Swindel v. Kelly, 499 P.2d 291 (Alaska 1972).

Leasing decisions of the division of lands and Department of Natural Resources are subject to judicial review. Such judicial review would be governed by the relevant provisions of the Administrative Procedure Act (AS 44.62). Swindel v. Kelly, 499 P.2d 291 (Alaska 1972).

Four principal standards of review. —

In interpreting this section the supreme court has recognized at least four principal standards of review of administrative decisions. These are the “substantial evidence test” for questions of fact; the “reasonable basis test” for questions of law involving agency expertise; the “substitution of judgment test” for questions of law where no expertise is involved; and the “reasonable and not arbitrary test” for review of administrative regulations. Jager v. State, 537 P.2d 1100 (Alaska 1975).

The reasonable basis test is as follows: In cases where a decision involves administrative expertise as to either complex subject matter or fundamental policy formulations, deference should be given to an administrative determination if it has a reasonable basis in law and fact. Alaska Pub. Utils. Comm'n v. Chugach Elec. Ass'n, 580 P.2d 687 (Alaska 1978), overruled, Juneau v. Thibodeau, 595 P.2d 626 (Alaska 1979).

Use of rational basis test. —

Application of the reasonable basis test is extremely useful where the administrative action under review resembles executive as opposed to legislative or judicial activity, where the decision under review clearly has nothing to do with the agency’s rule making function. Swindel v. Kelly, 499 P.2d 291 (Alaska 1972).

The “rational basis” test applied in a case involving the interpretation of the Multistate Tax Compact, since interpretation of that compact depends upon the “particularized experience and knowledge of the administrative personnel.” Department of Revenue v. Parsons Corp., 843 P.2d 1238 (Alaska 1992), cert. denied, 508 U.S. 940, 113 S. Ct. 2416, 124 L. Ed. 2d 638 (U.S. 1993).

Regulatory Commission of Alaska had a reasonable basis for denying as untimely under 3 AAC 48.110(d) the shippers’ challenge of 1986 through 1996 rates because the shippers did not timely petition to intervene in another company’s protest, they did not protest any of the suspended rates filed during that time period, they did not petition to intervene as to the justness and reasonableness of the rates for any additional years after 1987, and the settlement order clearly set out the need to protest and the fact that, absent a protest, the commission was going to accept the settlement and rates correctly calculated under the TAPS Settlement Methodology. Regulatory Comm'n v. Tesoro Alaska Co., 178 P.3d 1159 (Alaska 2008).

Review of decision by ABC Board. —

Where decision by ABC Board to deny a liquor store license involved separable fact findings as to the effect of the store’s location on nearby schools and a discretionary policy choice that such effects would not serve the public interest, it was proper to use the substantial-evidence standard to review the findings of fact and the reasonable basis standard to review the policy choice. Alcoholic Beverage Control Bd. v. Decker, 700 P.2d 483 (Alaska 1985).

Delineation of electrical service areas. —

Where the delineation of electrical service areas involved complex financial and engineering determinations and required considerable expertise in these areas, and, in addition, fundamental policy formulations were involved in the Public Utilities Commission’s task of eliminating undesirable competition and duplication of facilities under AS 42.05.221(d) , the reasonable basis test was appropriate. Alaska Pub. Utils. Comm'n v. Chugach Elec. Ass'n, 580 P.2d 687 (Alaska 1978), overruled, Juneau v. Thibodeau, 595 P.2d 626 (Alaska 1979).

Orders of Public Utilities Commission. —

This section is made applicable to review of final orders of the Public Utilities Commission by AS 42.05.551 . Jager v. State, 537 P.2d 1100 (Alaska 1975).

Questions of fact regarding proposed utility rates. —

Whether proposed utility rates were designed to and could meet competition, shift sales of gas from winter to summer, and achieve interruptibility, are all questions of fact of the type traditionally reviewed under a substantial evidence standard. Jager v. State, 537 P.2d 1100 (Alaska 1975).

Public Utilities Commission’s decision whether to conduct a rate investigation is similar to the type of decision involving agency expertise in a mixed law and fact setting subject to the “reasonable basis” standard of review. Jager v. State, 537 P.2d 1100 (Alaska 1975).

Under the “reasonable and not arbitrary” standard for review of administrative regulations, the supreme court upheld the standard employed by the Public Utilities Commission in determining whether to initiate a thorough rate investigation, i.e., whether public interest would be served by such investigation. Jager v. State, 537 P.2d 1100 (Alaska 1975).

Findings of fact supporting compensation awards must be made pursuant to subsection (b) of this section and AS 44.62.510(a) . Hewing v. Alaska Workmen's Compensation Bd., 512 P.2d 896 (Alaska 1973).

“Substantial evidence”. —

Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Keiner v. City of Anchorage, 378 P.2d 406 (Alaska 1963); Forth v. Northern Stevedoring & Handling Corp., 385 P.2d 944 (Alaska 1963); Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974); Department of Labor v. Boucher, 581 P.2d 660 (Alaska 1978).

Findings must be supported by substantial evidence. —

The test to be applied under this section is whether the findings of the board that have been challenged are supported by substantial evidence in the light of the whole record. Forth v. Northern Stevedoring & Handling Corp., 385 P.2d 944 (Alaska 1963).

An administrative board’s findings should not be reversed if, in the light of the whole record, they are supported by substantial evidence. Keiner v. City of Anchorage, 378 P.2d 406 (Alaska 1963); Forth v. Northern Stevedoring & Handling Corp., 385 P.2d 944 (Alaska 1963).

To prevent dislocations of the respective functions of administrative agencies and the courts, the supreme court has consistently adhered to the substantial evidence test as the appropriate scope of review with regard to appeals from administrative agencies. In re Peterson, 499 P.2d 304 (Alaska 1972).

The supreme court has long recognized the reviewing court’s power to measure a decision by the test of whether “substantial evidence on the whole record” supports it. Swindel v. Kelly, 499 P.2d 291 (Alaska 1972).

Abuse of discretion by agencies is established on review if the agency’s findings are not supported by “substantial evidence in the light of the whole record.” In re Peterson, 499 P.2d 304 (Alaska 1972).

The substantial evidence criterion has been adopted as the appropriate scope of review in regard to appeals from administrative agencies to the superior court. Pan Am. Petro. Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969).

It is well settled in Alaska that an initial order of the Workers’ Compensation Board should be reviewed in accordance with the principle of substantial evidence. Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974).

The substantial evidence standard restricts the court on review to considering only whether the administrative findings of fact are supported by substantial evidence, and whether the award is contrary to law. Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974).

The standard of review of agency findings of fact is that the findings will be set aside if they are not supported by substantial evidence on the whole record. Inherent in this standard is a requirement, in part statutory, that the facts found be based on evidence in the record. City of Fairbanks v. Alaska Pub. Utils. Comm'n, 611 P.2d 493 (Alaska 1980).

Sanctions against a real estate appraiser were not supported by the evidence where the expert witness for the state neither viewed the appraised properties at issue nor presented supporting citations for his statements regarding the standards and practices of real estate appraisers in Alaska. State v. Wold, 278 P.3d 266 (Alaska 2012).

The requirement that the facts found be based on evidence in the record serves three purposes: First, it helps to ensure that the agency does not make decisions that have no adequate basis in fact; second, it gives opposing parties the opportunity to challenge the agency’s reasoning process and the correctness of the decision; and third, it affords reviewing courts the opportunity to evaluate the decision. City of Fairbanks v. Alaska Pub. Utils. Comm'n, 611 P.2d 493 (Alaska 1980).

The substantial evidence standard is employed by the superior court as well as the supreme court in reviewing Workers’ Compensation Board decisions. This standard is applied in order to avoid a possible dislocation of the respective functions of the administrative agency and the superior court. Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974).

Reinstatement of benefits by superior court. —

This section is broad enough to allow the superior court to reinstate benefits pending a final determination by the Workers’ Compensation Board, without impinging upon the board’s discretion and power to adjudicate medical benefits claims. Wien Air Alaska v. Kramer, 807 P.2d 471 (Alaska 1991).

Court may not reweigh evidence. —

The Workers’ Compensation Board’s decision need not be the only possible solution to the problem, for it is not the function of the court to reweigh the evidence or choose between competing inferences, but only to determine whether such evidence exists. Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974).

Under the substantial evidence standard, it is not the function of the reviewing court to reweigh the evidence or choose between competing inferences, but only to determine whether such evidence exists. Department of Labor v. Boucher, 581 P.2d 660 (Alaska 1978).

The procedure allowing discretion of the superior court in the granting of trial de novo simplifies and expedites the handling of appeals, and at the same time, affords sufficient flexibility so that, if the agency record is not sufficient to determine the issue on appeal, or if the record discloses that justice requires evidence to be taken de novo, the superior court has the discretion to do what is necessary by granting a new trial on hearing, either in whole or in part. Keiner v. City of Anchorage, 378 P.2d 406 (Alaska 1963).

Conditions for granting stay. —

A court is neither required to nor barred from placing conditions upon its imposition of a stay. Pipeliners Union 798 v. Alaska State Comm'n for Human Rights, 681 P.2d 330 (Alaska 1984).

The posting of a supersedeas bond is not required before a stay may be imposed under subsection (f) of this section. Pipeliners Union 798 v. Alaska State Comm'n for Human Rights, 681 P.2d 330 (Alaska 1984).

When subsection (d) authorizes remand. —

Subsection (d) authorizes remand if the court finds that there is relevant evidence (1) which in the exercise of reasonable diligence could not have been produced or (2) which was improperly excluded at the hearing. Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974).

A remand is appropriate when the superior court determines that vital evidence has been erroneously excluded before the Alaska Workers’ Compensation Board. Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

Denial of cross-examination resulting in the improper exclusion of relevant evidence justifies a remand under the second standard enunciated in subsection (d). Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974).

Remand held proper. —

Where the causal relationship between employment and disability is disputable and the sufficiency of evidence question is close, it was appropriate for the superior court to remand such a case after determining that vital evidence had erroneously been excluded. Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974).

Superior court had power to remand worker’s compensation matter to the Alaska Workers’ Compensation Board while appeal was pending because an injured worker had presented some evidence at his first hearing that no one had informed him of his right to request an independent medical examination, although he did not make an explicit legal argument related to the issue; superior court in remanding the matter ensured that both parties could present evidence to support their arguments and rebut the other party’s arguments. Seybert v. Cominco Alaska Exploration, 182 P.3d 1079 (Alaska 2008).

Initial examination of sufficiency of evidence. —

In the circumstances of a remand, the supreme court is not inclined to deviate from its previous procedure of requiring the initial examination of the sufficiency of evidence to be made in the superior court rather than undertaking itself a review of the record for the first time. Commercial Union Cos. v. Smallwood, 550 P.2d 1261 (Alaska 1976).

Augmenting an administrative record is a discretionary device available to the superior court. Employers Commercial Union Ins. Group v. Schoen, 519 P.2d 819 (Alaska 1974).

That it is proper for the court to augment the record is made clear in subsection (d). Jager v. State, 537 P.2d 1100 (Alaska 1975).

Complaint for injunctive relief is distinct from an appeal of an administrative order. United States v. RCA Alaska Communications, Inc., 597 P.2d 489 (Alaska 1979).

Factors required for issuance of preliminary injunction. —

The coexistence of three factors is required to justify the issuance of a preliminary injunction: (1) The plaintiff must be faced with irreparable harm; (2) the opposing party must be adequately protected; and (3) the plaintiff must raise “serious” and “substantial” questions going to the merits of the case; that is, the issues raised cannot be “frivolous or obviously without merit.” Keystone Servs. v. Alaska Transp. Comm'n, 568 P.2d 952 (Alaska 1977).

Article governs leasing procedures under Alaska Land Act. —

The judicial review portions of the Administrative Procedure Act (AS 44.62) govern leasing procedures conducted by the Division of Lands under the Alaska Land Act. Alyeska Ski Corp. v. Holdsworth, 426 P.2d 1006 (Alaska 1967).

Handling of information by Public Utilities Commission violative of due process. —

Where the commission reviewed one applicant’s financial records but did not permit the other applicant to see the documents or permit cross-examination or rebuttal, or the opportunity to argue that the agency’s decision did not logically follow from the information, that applicant was denied due process. City of Fairbanks v. Alaska Pub. Utils. Comm'n, 611 P.2d 493 (Alaska 1980).

Action of ABC Board as administrative adjudication. —

Action of the Alcoholic Beverage Control Board in considering and approving a license application was an administrative adjudication. Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979), amended, 615 P.2d 1391 (Alaska 1980).

Review of an administrative decision pursuant to an Appellate Rule 45 appeal is governed by the broad standards established in subsection (b) of this section. Ketchikan Retail Liquor Dealers Ass'n v. Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979), amended, 615 P.2d 1391 (Alaska 1980).

Applied in

Manthey v. Collier, 367 P.2d 884 (Alaska 1962); Cordova Fish & Cold Storage Co. v. Estes, 370 P.2d 180 (Alaska 1962); Morrison-Knudsen Co. v. Vereen, 414 P.2d 536 (Alaska 1966); State v. Smith, 593 P.2d 625 (Alaska 1979); Jeffries v. Glacier State Tel. Co., 604 P.2d 4 (Alaska 1979); White v. Alaska Commercial Fisheries Entry Comm'n, 678 P.2d 1319 (Alaska 1984); Adams v. Pipeliners Union 798, 699 P.2d 343 (Alaska 1985); Municipality of Anchorage v. Coffey, 893 P.2d 722 (Alaska 1995); Widmyer v. State, 267 P.3d 1169 (Alaska 2011); Fantasies on 5th Ave., LLC v. State, 446 P.3d 360 (Alaska 2019).

Quoted in

Leege v. Martin, 379 P.2d 447 (Alaska 1963); Watts v. Seward Sch. Bd., 421 P.2d 586 (Alaska 1966); Employers' Liab. Assurance Corp. v. Bradshaw, 417 P.2d 600 (Alaska 1966); Alaska Redi-Mix, Inc. v. Alaska Workmen's Comp. Bd., 417 P.2d 595 (Alaska 1966); Alaska Consumer Advocacy Program v. Alaska Pub. Utils. Comm'n, 793 P.2d 1028 (Alaska 1990); Yost v. State, 234 P.3d 1264 (Alaska 2010).

Stated in

In re Simpson, 645 P.2d 1223 (Alaska 1982); Ostman v. Commercial Fisheries Entry Comm'n, 678 P.2d 1323 (Alaska 1984); Parson v. State, 189 P.3d 1032 (Alaska 2008).

Cited in

Juneau v. Cropley, 429 P.2d 21 (Alaska 1967); Arndt v. State, Dep't of Labor, 583 P.2d 799 (Alaska 1978); McDaniel v. Cory, 631 P.2d 82 (Alaska 1981); Messerli v. Department of Natural Resources, 768 P.2d 1112 (Alaska 1989); Helmuth v. University of Alaska Fairbanks, 908 P.2d 1017 (Alaska 1995); Rockney v. Boslough Constr. Co., 115 P.3d 1240 (Alaska 2005); Alaska Pub. Interest Research Group v. State, 167 P.3d 27 (Alaska 2007); Caywood v. State, 288 P.3d 745 (Alaska 2012); Regulatory Comm'n of Alaska v. Matanuska Elec. Ass'n, 436 P.3d 1015 (Alaska 2019); West v. Alaska Mental Health Trust Auth., 467 P.3d 1064 (Alaska 2020).

Sec. 44.62.580. Continuances.

The agency may grant continuances. If a hearing officer is assigned to a hearing, a continuance may not be granted except by the hearing officer for good cause shown.

History. (§ 26 (ch 2) ch 143 SLA 1959)

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 335.

Sec. 44.62.590. Contempt.

In a proceeding before an agency, the agency shall certify the facts to the superior court in the judicial district where the proceeding is held if a person in the proceeding
1. disobeys or resists a lawful order;
2. refuses to respond to a subpoena;
3. refuses to take oath or affirmation as a witness;
4. refuses to be examined; or
5. is guilty of misconduct at a hearing or so near the hearing as to obstruct the proceeding.
Upon certification under (a) of this section, the court shall issue an order directing the person to appear before the court and show cause why the person should not be punished for contempt. The order and a copy of the certified statement shall be served on the person.
After service under (b) of this section, the court has jurisdiction of the matter.
The law applicable to contempt committed by a person in the trial of a civil action before the superior court applies to contempt under this section as to
1. the proceeding taken;
2. the penalties imposed; and
3. the way the person charged may be purged of the contempt.

History. (§ 27 (ch 2) ch 143 SLA 1959)

Cross references. —

For provisions relating to contempt, see generally AS 09.50.010 — 09.50.060 and Rule 90, Alaska Rules of Civil Procedure.

Notes to Decisions

Abuse of discretion to vacate order and dismiss contempt proceedings.

Because the Alaska State Commission for Human Rights had the authority to exclude third parties from investigative interviews, because it was not necessary that a subpoena explicitly assert this specific aspect of its authority to be valid, and because the alleged inconsistency in the Commission's explanation of the policy was immaterial to the respondent's failure to comply, the superior court abused its discretion by concluding that the respondent complied with the subpoena. Alaska State Comm'n for Human Rights v. Anderson, 426 P.3d 956 (Alaska 2018).

Sec. 44.62.600. Voting procedure.

A member of an agency qualified to vote on a question may vote by mail or by teleconferencing. A vote by teleconferencing shall be recorded in a manner that identifies each person who has voted and how the person voted.

History. (§ 28 (ch 2) ch 143 SLA 1959; am § 6 ch 54 SLA 1985)

Opinions of attorney general. —

The present practice of allowing boards and commissions to conduct routine business by mail does not violate the Open Meetings Act. It neither constitutes a meeting, nor is it motivated by an intent to circumvent the Open Meetings Act. Rather, mail voting is expressly authorized by statute. It also furthers sound policy by reducing both administrative costs and administrative burdens. July 5, 1994 Op. Att’y Gen.

Notes to Decisions

Cited in

In re Peterson, 499 P.2d 304 (Alaska 1972) (superseded on other grounds).

Sec. 44.62.610. Charge.

A sum authorized to be spent under AS 44.62.330 — 44.62.630 by an agency is a legal charge against the appropriations of the agency.

History. (§ 29 (ch 2) ch 143 SLA 1959)

Sec. 44.62.620. Power to administer oaths.

In a proceeding under AS 44.62.330 — 44.62.630 an agency, agency member, secretary of an agency, or hearing officer may administer oaths and affirmations and certify official acts.

History. (§ 30 (ch 2) ch 143 SLA 1959)

Sec. 44.62.630. Impartiality.

The functions of hearing officers and those officers participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. These officers, except to the extent required for the disposition of ex parte matters authorized by law, may not engage in interviews with, or receive evidence or argument from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with these officers shall be served upon all parties.

History. (§ 31 (ch 2) ch 143 SLA 1959)

Notes to Decisions

Combination of functions of the state bar attorney, prosecutor, and adjudicator did not violate this section or due process. In re Cornelius, 521 P.2d 497 (Alaska 1974).

The combination of investigative and judicial functions within an agency does not violate due process; a board may make preliminary factual inquiry on its own in order to determine if charges should be filed. And minimum requirements of procedural due process are not offended by the attorney for the agency acting as advisor on procedural matters. In re Cornelius, 521 P.2d 497 (Alaska 1974).

Combination of prosecutorial and adjudicative functions. —

Due process requires some separation between those persons prosecuting a complaint and those adjudicating it, since the prosecutor, who has a “probable partiality,” should not be in a position to influence the decision makers, but there may be some combination of these functions within a particular agency. In re Walton, 676 P.2d 1078 (Alaska 1983).

Ex parte communication held violative. —

In a proceeding before the Alaska Board of Workers’ Compensation, an ex parte communication was violative of accepted standards of conduct for an adjudicatory body where one of the board members, with three other board members present, initiated a conversation with two witnesses of the employer, one of whom was the employer’s rehabilitation expert. In effect, a representative of one of the parties was privately communicating his recommendations to the decision makers. Louisiana Pac. Corp. v. Koons, 816 P.2d 1379 (Alaska 1991).

Cited in

Stein v. Kelso, 846 P.2d 123 (Alaska 1993).

Collateral references. —

2 Am. Jur. 2d, Administrative Law, §§ 38-47, 317, 318.

73A C.J.S., Public Administrative Law and Procedure, § 265.

Article 8. Definitions for AS 44.62.010 — 44.62.630.

Sec. 44.62.635. [Renumbered as AS 44.62.930.]

Sec. 44.62.640. Definitions for AS 44.62.010 — 44.62.630.

History. (§§ 2, 3 art I (ch 1) ch 143 SLA 1959; § 1 (ch 2) ch 143 SLA 1959; am § 78 ch 69 SLA 1970; am § 8 ch 54 SLA 1985; am § 17 ch 7 SLA 2018)

Revisor’s notes. —

Reorganized in 1984 to alphabetize the defined terms.

Administrative Code. —

For cooperative management agreements, see 11 AAC 97, art. 7.

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in the introductory language in (a), substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ”, and made a stylistic change in (a)(3).

Opinions of attorney general. —

The Department of Public Works has authority to require contractors to set up a system of prequalification of contractors as a prerequisite for bidding on state construction projects and under such system to require contractors to furnish periodic and financial statements, and under this section the department would not be required to follow the Administrative Procedure Act (AS 44.62) in adopting regulations to implement such a program. 1959 Alas. Op. Att'y Gen. No. 27.

Notes to Decisions

Analysis

I. General Consideration
II. “Regulation”
III. “Agency” and “State Agency”

I.General Consideration

The label placed on a particular statement by an administrative agency does not determine the applicability of this chapter. Kenai Peninsula Fisherman's Coop. Ass'n v. State, 628 P.2d 897 (Alaska 1981).

Though certain provisions in a policy and procedure manual used by the Department of Natural Resources might plausibly have been considered regulations, those provisions had no bearing on a case in which they fell within the scope of the internal management exception to this chapter because they merely listed statutory procedures for an adjudicator to follow. Messerli v. Department of Natural Resources, 768 P.2d 1112 (Alaska 1989).

Although a policy of the Child Support Enforcement Division (now the Child Support Services Agency) was a “regulation” within the meaning of this section and was not validly adopted, it would have been entitled to some degree of deference if it reflected a reasonable interpretation of statutory law. Flanigin v. State, Dep't of Revenue, 946 P.2d 446 (Alaska 1997).

Because an administrative interpretation of a statute governing a pipeline right-of-way appraisal did not impose new substantive requirements but simply interpreted and applied the plain language of the statute, it was not a regulation as defined in paragraph (a)(3) and thus was not subject to the notice and public comment provisions of the Administrative Procedure Act. Alyeska Pipeline Serv. Co. v. State, 288 P.3d 736 (Alaska 2012).

Formal regulation not required for verification of experience requirement. —

Although the court recognized that some elements of the third-party verification requirement for a claim of experience warranting waiver of the engineering exam resembled a regulation subject to the Administrative Procedure Act, the Act’s overall purpose is to reduce the risk of arbitrary application and to inform the public of regulations. Here, plaintiff did not demonstrate that the third-party verification requirement in the application instructions is obscure or creates a meaningful risk of arbitrary application so as to justify creation of a regulation. Squires v. Alaska Bd. of Architects, 205 P.3d 326 (Alaska 2009).

Character will determine applicability of statute. —

The label an agency places on a policy or practice does not determine whether that rule falls under the administrative procedure statute, but rather it is the character and use of the policy that will decide the issue. Jerrel v. Department of Natural Resources, 999 P.2d 138 (Alaska 2000).

Verbal additions to regulations involving requirements of substance are unauthorized and unenforceable. State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

The issuance of permits for the killing of caribou in certain specified areas of the state based on verbal instructions to the permit agents as to the need of individual applicants does not conform to requirements of this chapter. State v. Tanana Valley Sportsmen's Ass'n, 583 P.2d 854 (Alaska 1978).

Department of Education’s interpretation of its own regulation does not fall within the definition of “regulation,” and therefore the department was not required to follow procedures mandated in the Administrative Procedure Act in issuing a directive to a school board. State v. Northern Bus Co., 693 P.2d 319 (Alaska 1984).

The legislature has expressly included the Board of Governors of the Alaska Bar Association as an agency subject to the adjudicative procedures of the Administrative Procedure Act (AS 44.62). In re Peterson, 499 P.2d 304 (Alaska 1972).

Administrative responsibility of Alaska Bar. —

“Party”. —

Person who is directly interested in the proceedings before an administrative agency, who may be factually aggrieved by the decision of the agency, and who participates in the proceeding before such agency, is a “party” to any proceedings for the purpose of taking an appeal from the decision. City of Kenai v. State, Pub. Utils. Comm'n, 736 P.2d 760 (Alaska 1987).

Environmental “permit administration fees” not subject to notice and comment requirements. —

Trial court properly upheld the denial of a company’s appeal of “permit administration fees” issued by the Alaska Department of Environmental Conservation in connection with the company’s administrative appeals of air quality control permits where the Department’s interpretation of AS 46.14.240(c)(3) was a commonsense interpretation, and was therefore not subject to the Alaska Administrative Procedure Act’s notice and comment requirements in paragraph (a)(3) of this section. Alyeska Pipeline Serv. Co. v. Dep't of Envtl. Conservation, 145 P.3d 561 (Alaska 2006).

Alaska Transportation Commission must adopt rules consistent with chapter. —

It is incumbent upon the Alaska Transportation Commission to adopt rules for the transfer of permits consistent with the requirements of the Administrative Procedure Act (AS 44.62). Mukluk Freight Lines v. Nabors Alaska Drilling, 516 P.2d 408 (Alaska 1973).

Permit hunt areas. —

As permit hunt areas were not “rules or standards of general application” within the meaning of paragraph (a)(3), the Administrative Procedure Act did not apply to the Department of Fish and Game’s decision to create such areas, and it could do so internally without prior notice and hearing. Brigman v. State, 64 P.3d 152 (Alaska Ct. App. 2003).

Applied in

Wien Air Alaska, Inc. v. State, Dep't of Revenue, 647 P.2d 1087 (Alaska 1982); Vincent v. Commercial Fisheries Entry Comm'n, 717 P.2d 391 (Alaska 1986).

Quoted in

Standard Alaska Prod. Co. v. State, Dep't of Revenue, 773 P.2d 201 (Alaska 1989); McGrath v. University of Alaska, 813 P.2d 1370 (Alaska 1991); Kachemak Bay Watch v. Noah, 935 P.2d 816 (Alaska 1997).

Cited in

Wickersham v. Commercial Fisheries Entry Comm'n, 680 P.2d 1135 (Alaska 1984); Matanuska-Susitna Borough v. Hammond, 726 P.2d 166 (Alaska 1986); Stosh's I/M v. Fairbanks North Star Borough, 12 P.3d 1180 (Alaska 2000); Burke v. Houston Nana, L.L.C., 222 P.3d 851 (Alaska 2010).

II.“Regulation”

“Regulation.” —

“Regulation” encompasses many statements made by administrative agencies, including policies and guides to enforcement. Kenai Peninsula Fisherman's Coop. Ass'n v. State, 628 P.2d 897 (Alaska 1981).

Under paragraph (2) of subsection (a), one of the indicia of a regulation is that it implements, interprets, or makes specific the law enforced or administered by the state agency. Kenai Peninsula Fisherman's Coop. Ass'n v. State, 628 P.2d 897 (Alaska 1981).

Since the residential/recreational distinction policy in the Department of Natural Resources Procedure Manual appeared to bear both of the Kenai indicia, and since the term “regulation” has been read to include “policies and guides to enforcement,” that part of the manual was a “regulation”. Reichmann v. State, Dep't of Nat. Res., 917 P.2d 1197 (Alaska 1996).

A decision of the Department of Natural Resources that a mining company owed back royalties because it erroneously calculated its “adjusted gross value” was not a “regulation” within the meaning of the Administrative Procedures Act. Usibelli Coal Mine, Inc. v. State, Dep't of Nat. Res., 921 P.2d 1134 (Alaska 1996).

Because a 20-foot visibility requirement for marking of horses included both core characteristics of a regulation in that the requirement was developed precisely to interpret, make specific, and implement the statutory requirement that a mark or brand show distinctly and also to deal with the public, rather than to operate as in internal guideline, the fact that the regulation did not satisfy the procedural standards of the administrative procedure statute rendered it invalid. Jerrel v. Department of Natural Resources, 999 P.2d 138 (Alaska 2000).

Division of Governmental Coordination’s interpretation of its major energy facility regulation was not an addition to a regulation involving requirements of substance, but instead was the interpretation of the regulation according to its own terms; the Division’s interpretation thus was not a “regulation” within the meaning of paragraph (a)(3) of this section and did not need to be promulgated in accordance with the Alaska Administrative Procedure Act. Alaska Ctr. for the Env't v. State, 80 P.3d 231 (Alaska 2003).

State of Alaska Department of Health and Social Services’ (DHSS) protocol was not a regulation that had to be promulgated pursuant to the Administrative Procedure Act; DHSS’s properly promulgated regulation authorizing the use of “statistically valid sampling methodologies” was sufficient. Smart v. State, 237 P.3d 1010 (Alaska 2010).

Bristol Bay Area Plan affects the public in a limited way, but it does not itself alter the rights or interests of the parties, as is required of a regulation; therefore, it is not a regulation under the Administrative Procedures Act. State v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012).

Prior department employee acknowledged that he failed to apply and interpret the statute correctly when he recommended reimbursement for the borough's previous bonds, but his failure to abide by applicable law did not constitute a regulation, and the department's current interpretation corrected a previous oversight; the department was not required to comply with notice and comment provisions before determining that the borough's bonds did not comply with statutory requirements. North Slope Borough v. State, 484 P.3d 106 (Alaska 2021).

Authority of Board of Fisheries. —

Legislature authorized the Alaska Board of Fisheries to enact regulations that allow the Department of Fish and Game to establish harvest limits through the permitting process; the Board is given the authority to control or supervise all facets of fishing, and the Legislature has given the Board the authority to enact regulations providing for the issuance of subsistence permits as needed for authorizing, regulating, and monitoring subsistence harvest of fish. State v. Estrada, 315 P.3d 688 (Alaska Ct. App. 2013), rev'd, 362 P.3d 1021 (Alaska 2015).

Sufficient regulatory notice of deadline waiver availability. —

A regulation that establishes a filing deadline “unless the applicant is notified otherwise” gives sufficient notice of the availability of a waiver of the deadline to meet the requirements of this chapter, the Administrative Procedure Act. Forquer v. Commercial Fisheries Entry Comm'n, 677 P.2d 1236 (Alaska 1984).

An investigation is not a regulation. Allstate Ins. Co. v. Municipality of Anchorage, 599 P.2d 140 (Alaska 1979).

Election regulations under AS 15.15.330 not exempt from chapter. —

Regulations promulgated under AS 15.15.330 , dealing with early counting of election votes, are not exempt from the requirements of the Administrative Procedure Act (AS 44.62) by operation of AS 44.62.040 and this section. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Commonsense interpretation. —

Alaska Department of Revenue (DOR) did not have to meet Alaska Administrative Procedure Act rulemaking requirements when interpreting “economically interdependent” in former AS 43.55.013(j) because (1) the decision was a commonsense interpretation of the statute, since the decision added no requirements of substance, (2) the interpretation was foreseeable, given the applicable tax regime's purposes, (3) the decision did not depart from a prior interpretation, since DOR's internal documents were not official policy positions and, as a whole, did not depart from prior interpretations of “economically interdependent,” (4) this was the first time the phrase was interpreted, and (5) DOR reviewed DOR's precedent. Chevron U.S.A., Inc. v. Dep't of Revenue, 387 P.3d 25 (Alaska 2016).

Policy establishing priorities of use between fisheries. —

While the board of fisheries did have the authority to establish priorities of use between recreational and commercial fisheries of the salmon stocks in the Upper Cook Inlet, the policy and option establishing these priorities were regulations that should have been adopted pursuant to the provisions of this chapter. Kenai Peninsula Fisherman's Coop. Ass'n v. State, 628 P.2d 897 (Alaska 1981).

Although a Board of Fisheries policy on managing mixed stock fell squarely within the definition of “regulation” contained in paragraph (a)(3) and, therefore, was required to be implemented pursuant to the Administrative Procedure Act but had not been, the regulation promulgated to further that policy fell within the ambit of the board’s authority and was reasonably necessary to “conserve” and “develop” fish resources; hence, the regulation was upheld. Gilbert v. Dept. of Fish & Game, Bd. of Fisheries, 803 P.2d 391 (Alaska 1990).

III.“Agency” and “State Agency”

Nothing of substance hinges in choice of name for administrative agency. —

An administrative agency may be called a commission, board, authority, bureau, office, officer, administrator, department, corporation, administration, division, or agency. Nothing of substance hinges in the choice of name. Alaska State Hous. Auth. v. Dixon, 496 P.2d 649 (Alaska 1972).

The Alaska State Housing Authority is an instrumentality of the state within the Department of Commerce (now Department of Commerce and Economic Development). Alaska State Hous. Auth. v. Dixon, 496 P.2d 649 (Alaska 1972).

Within the meaning of “state agency”. —

As an instrumentality of the state within the Department of Commerce (now Department of Commerce and Economic Development), the Alaska State Housing Authority comes within the meaning of “state agency” as that term is used and defined in the Alaska Administrative Procedure Act (AS 44.62). Alaska State Hous. Auth. v. Dixon, 496 P.2d 649 (Alaska 1972).

“Internal management of a state agency” construed. —

The supreme court has declined to construe the phrase “internal management of a state agency” to encompass all individuals and activities affected by regulations promulgated by the lieutenant governor during a statewide election. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

The supervision of personnel and activities relating to the conduct of a statewide election is not the same as the management of employees and internal affairs of a state agency. Executive organization of the election machinery goes well beyond the lieutenant governor’s control of his own staff and their actions. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Quoted in

Estrada v. State, 362 P.3d 1021 (Alaska 2015).

Sec. 44.62.650. [Renumbered as AS 44.62.950.]

Article 9. Negotiated Regulation Making.

Editor’s notes. —

Section 7, ch. 117, SLA 1998, which was to repeal AS 44.62.710 - 44.62.800 effective July 1, 2003, was repealed by § 2, ch. 44, SLA 2003.

Sec. 44.62.710. Purpose and applicability of AS 44.62.710 — 44.62.800.

The purpose of AS 44.62.710 — 44.62.800 is to establish a framework for the conduct of negotiated regulation making consistent with AS 44.62.010 — 44.62.319 . Negotiated regulation making is not a substitute for the requirements of AS 44.62.010 — 44.62.319 but may be used as a supplemental procedure to permit the direct participation of affected interests in the development of new regulations or the amendment or repeal of existing regulations. A consensus agreement reached by a negotiated regulation making committee may be modified by an agency head as a result of the subsequent regulation making process. AS 44.62.710 — 44.62.800 may not be construed as an attempt to limit innovation and experimentation with the negotiated regulation making process or to limit other means to obtain public participation in the regulation making process.
The provisions of AS 44.62.710 — 44.62.800 may be used by an agency even if other provisions of this chapter do not apply to that agency.

History. (§ 1 ch 117 SLA 1998; am § 18 ch 7 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in (a), substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ” in the first and second sentences.

Sec. 44.62.720. Determination of need for negotiated regulation making committee.

In addition to the regulation adoption requirements under AS 44.62.010 — 44.62.319 , an agency head may determine that the use of a negotiated regulation making committee to negotiate and develop a proposed regulation is in the public interest. In making that determination, the agency head is advised to consider whether
1. there is a need for a regulation, including whether any legal action is pending that might resolve the need;
2. there are a limited number of identifiable interests that are held by more than one person and that will be significantly affected by the regulation;
3. there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who
  1. can adequately represent the interests identified under (2) of this section; and
  2. are willing to negotiate in good faith to reach a consensus on the proposed regulation;
4. there is a reasonable likelihood that a committee will reach a consensus on the proposed regulation within a fixed period of time;
5. the negotiated regulation making procedure will not unreasonably delay the adoption of the final regulation;
6. the agency has adequate resources and is willing to commit those resources, including technical assistance, to the committee; and
7. the agency head, to the maximum extent possible consistent with the legal or other obligations of the agency, will use the consensus of the committee as the basis for the regulation proposed by the agency under AS 44.62.010 — 44.62.319 .
Upon determining that a negotiated regulation making committee will be formed, an agency head shall notify the public so that interested persons can apply to be appointed to the committee.

History. (§ 1 ch 117 SLA 1998; am § 19 ch 7 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 1. 2018, in (a), substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ” in the introductory language, and in (a)(7).

Sec. 44.62.730. Use of convener.

An agency head may use the services of an impartial person as a convener to assist in making the determination of need under AS 44.62.720 and to assist the agency to
1. identify the persons who will be significantly affected by a proposed regulation; and
2. conduct discussions with affected persons on the issues of concern and determine whether the establishment of a negotiated regulation making committee is feasible and appropriate for the particular proposed regulation.
A person acting as a convener may also be named as a facilitator under AS 44.62.760 . The convener shall report findings and make recommendations to the agency. The report and recommendations of the convener shall be made available to the public upon request.

History. (§ 1 ch 117 SLA 1998)

Sec. 44.62.740. Establishment, time line, support, and termination of committee.

The agency head may establish a negotiated regulation making committee to assist in the formulation of a proposed regulation. The agency head should strive to achieve and maintain throughout the negotiated regulation making process the balanced committee representation described under AS 44.62.720(a)(3) . Members of the committee serve at the pleasure of the agency head. If a committee member is unable to attend a meeting, the agency head may select a designee to serve in that member’s place for a meeting.
Before notifying the public under AS 44.62.720(b) , the agency head shall establish a time line for the work of the committee. The time line must include a completion date for the transmission to the agency of the report described in AS 44.62.750(d) or (e). The agency shall provide the time line to persons who apply for appointment to the committee. At its first meeting, the committee shall review the time line and recommend to the agency head any revisions to the time line. The agency head shall consider any recommendations and revise the time line if necessary to further the purposes of the negotiated regulation making process.
The agency head may expand the membership of the negotiated regulation making committee if necessary to facilitate the workings of the committee.
The agency shall make available administrative support to the negotiated regulation making committee, including technical support, that the agency head determines necessary.
A negotiated regulation making committee terminates upon adoption under AS 44.62.010 — 44.62.319 of the final regulation under consideration unless the agency head specifies an earlier termination date.

History. (§ 1 ch 117 SLA 1998; am § 20 ch 7 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in (e), substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ”.

Sec. 44.62.750. Committee duties, procedures, and report.

A negotiated regulation making committee shall consider the matter proposed by the agency head for consideration and shall attempt to reach consensus concerning a proposed regulation and any other matter on which the agency head requests assistance and that is relevant to the proposed regulation.
The person representing the agency on a negotiated regulation making committee shall participate in the deliberations of the committee with the same rights and responsibilities of other members of the committee and is authorized to fully represent the agency in the discussions and negotiations of the committee.
An agency head may adopt procedures for the operation of the negotiated regulation making committee. The agency head shall appoint the chair of the committee.
If a negotiated regulation making committee achieves consensus on a proposed regulation on or before the completion date established under AS 44.62.740(b) , the committee shall transmit to the agency head that established the committee a report containing the proposed regulation.
If a negotiated regulation making committee does not reach a consensus on the proposed regulation on or before the completion date established under AS 44.62.740(b) , the committee shall transmit to the agency head a report specifying areas in which the committee reached consensus and the issues that remain unresolved. The committee may include in the report other information, recommendations, or materials that the committee considers appropriate. A member of the committee may include as an addendum to the report additional information, recommendations, or materials.
AS 44.62.310 — 44.62.319 (Open Meetings Act) apply to meetings of a negotiated regulation making committee.

History. (§ 1 ch 117 SLA 1998)

Revisor’s notes. —

In 2010, “AS 44.62.310 — 44.62.319 (Open Meetings Act)” was substituted for “AS 44.62.310 — 44.62.312 ” in accordance with § 29(2), ch. 58, SLA 2010.

Sec. 44.62.760. Facilitator selection, duties, and authority.

An agency head may appoint a person who is impartial to serve as a facilitator for the negotiations of a negotiated regulation making committee. A person designated to represent the agency on substantive issues may not serve as facilitator.
A facilitator appointed or selected under (a) of this section shall
1. preside at the meetings of the committee in an impartial manner, unless the agency head has designated another person as chair;
2. impartially assist the members of the committee to conduct discussions and negotiations and to achieve consensus;
3. coordinate with the agency head regarding the management of records of the committee; and
4. perform other duties related to the negotiated regulation making committee that are assigned by the agency head.
A facilitator does not have decision-making authority for the committee.

History. (§ 1 ch 117 SLA 1998)

Sec. 44.62.770. Employees, contractors, and funding.

An agency head may appoint an agency employee or obtain the services of another state employee or a private contractor to serve as a convener or facilitator for a negotiated regulation making committee.
Before appointing or selecting a convener under AS 44.62.730 or a facilitator under AS 44.62.760 , an agency head shall determine whether a person being considered has a financial or other interest that would prevent the person from serving in an impartial and independent manner. A person disqualified under this criterion may not be considered further.
A member of a negotiated regulation making committee shall disclose to the agency and other members of the committee a grant, gift, or other financial benefit that exceeds $150 and that has been accepted by the disclosing member to finance the disclosing member’s participation on the negotiated regulation making committee.

History. (§ 1 ch 117 SLA 1998)

Sec. 44.62.780. Judicial review.

An agency action relating to establishing, assisting, or terminating a negotiated regulation making committee under AS 44.62.710 — 44.62.800 is not subject to judicial review. Nothing in this section bars judicial review if the judicial review is otherwise provided by law. A regulation that is the product of negotiated regulation making and is later subject to judicial review may not be given greater deference by a court for that reason than a regulation that is not the product of negotiated regulation making.

History. (§ 1 ch 117 SLA 1998)

Sec. 44.62.790. Relationship to other requirements.

The negotiated regulation making authorized by AS 44.62.710 — 44.62.800 is in addition to the procedures required under AS 44.62.010 — 44.62.319 for adopting, amending, or repealing regulations, and, if an agency head decides to use negotiated regulation making, the negotiated regulation making shall, where possible, occur before the procedures under AS 44.62.010 — 44.62.319 begin.

History. (§ 1 ch 117 SLA 1998; am § 21 ch 7 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, twice substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ”.

Sec. 44.62.795. Confidentiality of certain records and documents.

Notwithstanding AS 40.25.100 — 40.25.220 , records from private persons that are requested or used by a negotiated regulation making committee and working documents prepared by the committee that analyze or incorporate information from the records shall be kept confidential if the records or working documents contain proprietary information and the owner of the records or working documents requests that the records or working documents be kept confidential.

History. (§ 1 ch 117 SLA 1998)

Revisor’s notes. —

In 2000, “AS 40.25.100 — 40.25.220 ” was substituted for “AS 09.25.100 — 09.25.220 ” to reflect the 2000 renumbering of AS 09.25.100 — 09.25.220 .

Sec. 44.62.800. Definitions.

In AS 44.62.710 — 44.62.800 ,

“agency” means a department, an institution, or a division or other administrative unit of the executive branch of state government authorized or required by law to make regulations, except that “agency” does not include
1. a board, a commission, a council, an authority, or a public corporation of the executive branch of state government authorized or required by law to make regulations; or
2. the Department of Corrections;
“agency head” means
1. the commissioner or other head of an agency who has the authority to adopt regulations for the agency; or
2. [Repealed, § 44 ch 24 SLA 2003.]
“consensus” means unanimous concurrence among the interests represented on a negotiated regulation making committee;
“convener” means a person who is impartial and performs the services identified under AS 44.62.730 for an agency;
“facilitator” means a person who is impartial and performs the services identified under AS 44.62.760(b) for a negotiated regulation making committee;
“negotiated regulation making” means regulation making through the use of a negotiated regulation making committee;
“negotiated regulation making committee” means an advisory committee to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed regulation;
“person” has the meaning given in AS 01.10.060 , and expressly includes a public organization of any character;
“regulation” has the meaning given in AS 44.62.640 and includes the amendment or repeal of a regulation.

History. (§ 1 ch 117 SLA 1998; am §§ 4, 44 ch 24 SLA 2003; am E.O. No. 106, §§ 7, 8 (2003))

Article 10. General Provisions.

Sec. 44.62.930. Teleconferencing.

An agency may use teleconferencing for the benefit or convenience of the parties, the public, or the agency, in connection with a proceeding or act authorized under this chapter if all statutory and constitutional rights of the parties are waived or adequately protected.
Teleconferencing may be used to establish quorums, receive public input, and, if all voting individuals have an opportunity to evaluate all testimony and evidence, to vote on actions.

History. (§ 7 ch 54 SLA 1985)

Revisor’s notes. —

Formerly AS 44.62.635 . Renumbered in 2004.

Sec. 44.62.950. Short title.

This chapter may be cited as the Administrative Procedure Act.

History. (§ 1 art I (ch 1) ch 143 SLA 1959)

Revisor’s notes. —

Formerly AS 44.62.650 . Renumbered in 1998.

Notes to Decisions

Applied in

Horowitz v. Alaska Bar Ass'n, 609 P.2d 39 (Alaska 1980).

Cited in

Pan Am. Petro. Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969); Sullivan v. Alaska Bar Ass'n, 551 P.2d 531 (Alaska 1976); Wien Air Alaska, Inc. v. State, Dep't of Revenue, 647 P.2d 1087 (Alaska 1982); Wickersham v. Commercial Fisheries Entry Comm'n, 680 P.2d 1135 (Alaska 1984).

Chapter 64. Hearing Officers and Office of Administrative Hearings.

Cross references. —

For a temporary provision tolling certain Office of Administrative Hearings deadlines during the COVID-19 public health disaster emergency and for 30 days thereafter, see § 31, ch. 10, SLA 2020 in the 2020 Temporary and Special Acts.

Editor’s notes. —

Under § 92(a), ch. 163, SLA 2004, the provisions of this chapter apply “to administrative proceedings that begin on or after July 1, 2005.”

Sec. 44.64.010. Office created.

There is created in the Department of Administration an independent office of administrative hearings under the direction of the chief administrative law judge.
The chief administrative law judge must
1. be a resident of the state;
2. have experience in administrative law;
3. be licensed to practice law in this state and have been admitted to practice law in this state for at least five years; and
4. have experience representing clients in administrative or judicial proceedings.
The chief administrative law judge is appointed to a five-year term of office by the governor and is subject to confirmation by the legislature. An individual may serve not more than three full or partial terms as chief administrative law judge. The governor may remove the chief administrative law judge from office only for good cause. The basis for removal shall be stated in writing. A vacancy in the office of chief administrative law judge shall be filled by the governor, and the individual appointed serves for the remainder of the term to which appointed.
The chief administrative law judge shall receive a monthly salary that is not less than Step A nor more than Step F, Range 27, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska. The chief administrative law judge is in the partially exempt service.

History. (§ 2 ch 163 SLA 2004)

Sec. 44.64.020. Powers and duties of chief administrative law judge.

The chief administrative law judge shall
1. supervise the office;
2. employ administrative staff, who shall be in the classified service;
3. employ administrative law judges, who shall be in the partially exempt service;
4. preside over administrative hearings handled by the office or, based upon the qualifications and expertise of the administrative law judges, assign administrative law judges to preside over hearings, and protect, support, and enhance the decisional independence of the administrative law judges;
5. establish and implement performance standards, including provision for timeliness, and peer review programs for administrative law judges employed or retained by the office;
6. make available and facilitate training and continuing education programs and services in administrative procedure, administrative adjudication, substantive law, alternate dispute resolution, and technical matters for administrative law judges and other administrative adjudicators;
7. survey administrative hearing participants and use other methods to monitor the quality of administrative hearings held by the office and other state agencies, and submit to the governor and the legislature on January 31 of each year the results of the survey along with a report that includes a description of the activities of the office and recommendations for statutory changes that may be needed in relation to the administrative hearings held by the office or other state agencies;
8. review and comment on regulations proposed by state agencies to govern procedures in administrative hearings;
9. enter into contracts as necessary to carry out the functions of the office;
10. annually prepare and submit to the commissioner of administration a budget for the office for the next fiscal year that shall include and separately identify funding for training and continuing education; a copy of the budget submitted to the commissioner under this paragraph shall also be submitted to the Finance Committee of each house of the legislature;
11. after consulting with affected agencies, adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the duties of the office and implement this chapter;
12. receive and review applications from individuals seeking appointments to the Workers’ Compensation Appeals Commission and submit the names of individuals to the governor for appointment as provided in AS 23.30.007(d) ; and
13. appoint a chair pro tempore for the Workers’ Compensation Appeals Commission as provided in AS 23.30.007(m) .
In carrying out the responsibilities of the office, the chief administrative law judge shall seek to accomplish the following goals:
1. provide for the delivery of high quality adjudication services in a timely, efficient, and cost-effective manner;
2. ensure respect for the privacy and dignity of the individuals whose cases are being adjudicated and protect them from threats, intimidation, and harassment;
3. foster open and clearly explained agency decisions and improve public access to the process of administrative adjudication;
4. guarantee protection of all parties’ due process rights, increase the public parties’ perception of fairness in administrative adjudication, and foster acceptance of final administrative decisions by the public and affected parties;
5. protect the integrity of the process of administrative adjudication and decisional independence of administrative adjudicators; and
6. increase consistency in administrative procedures and decisions.

History. (§ 2 ch 163 SLA 2004; am § 73 ch 10 FSSLA 2005)

Administrative Code. —

For code of hearing officer conduct, see 2 AAC 64, art. 1.

For hearing procedures, see 2 AAC 64, art. 2.

Sec. 44.64.030. Jurisdiction of the office.

History. (am E.O. No. 116, §§ 4, 5 (2012); §§ 3, 82 ch 163 SLA 2004; am § 131 ch 9 FSSLA 2005; am §§ 16, 48 ch 57 SLA 2005; am § 6 ch 9 SLA 2006; am § 2 ch 107 SLA 2006; am § 115 ch 20 SLA 2007; am § 7 ch 50 SLA 2007; am § 3 ch 92 SLA 2008; am § 28 ch 30 SLA 2009; am § 3 ch 41 SLA 2012; am § 6 ch 3 SLA 2018; am §§ 13, 14 ch 65 SLA 2018)

Revisor’s notes. —

In 2004, in (a)(19) [now (a)(21)] of this section, “services” was substituted for “enforcement” to reconcile chs. 107 and 163, SLA 2004.

In 2005, 2006, 2007, 2008, 2012, and 2018, the paragraphs were renumbered to retain numerical order.

In 2010, in (a)(17) [now (a)(20)], “AS 21.96” was substituted for “AS 21.89” to reflect the 2010 renumbering of AS 21.89.

Administrative Code. —

For hearing procedures, see 2 AAC 64, art. 2.

Effect of amendments. —

The 2009 amendment, effective July 1, 2009, in (a)(17) (now (a)(20)), added “except under AS 21.27.420(d) ”.

The first 2012 amendment, effective July 1, 2012, in (a)(41) (formerly (a)(40)), substituted “AS 47.45.050 ” for “AS 47.45”; added (a)(41) through (a)(49).

The second 2012 amendment, effective August 22, 2012, added (a)(15), and redesignated former (a)(15) — (a)(40) as (a)(16) — (a)(41).

The first 2018 amendment, effective June 25, 2018, in (a)(20), inserted “except under AS 21.36.461 ,” following “AS 21.36”.

The second 2018 amendment, effective January 1, 2019, rewrote (a)(39) [now (a)(40)], which read, “AS 45.55 (Alaska Securities Act);”; added (a)(51) [now (a)(39)].

Editor’s notes. —

Under § 92(b), ch. 163, SLA 2004, the provisions of former paragraph (a)(33) of this section, related to AS 47.33 (assisted living homes), as amended effective July 1, 2007, by § 82, ch. 163, SLA 2004, applied “to administrative proceedings that begin on or after July 1, 2007.”

Under § 146, ch. 9, FSSLA 2005, the 2005 addition of (a)(36) (now (a)(13)) and (37) [now (a)(29)] to this section made by ch. 9, FSSLA 2005, are retroactive to July 1, 2005.

Under sec. 8, ch. 9, SLA 2006, the amendment to (a)(6) of this section “is to be reconciled with secs. 82 and 96, ch. 163, SLA 2004, so that both are given effect.”

Notes to Decisions

Cited in

Northwest Med. Imaging, Inc. v. Dep't of Revenue, 151 P.3d 434 (Alaska 2006); Alvarez v. State, 249 P.3d 286 (Alaska 2011); Ahmasuk v. State, 478 P.3d 665 (Alaska 2021).

Sec. 44.64.040. Administrative law judges.

An administrative law judge must be admitted to practice law in this state and must have been admitted to practice in this state for at least two years before being employed or retained with the office. The chief administrative law judge shall establish additional qualifications for administrative law judges employed or retained by the office and for those administrative law judges that may be assigned to particular types of cases. An administrative law judge is in the partially exempt service. Notwithstanding AS 39.25.120(b) , full-time administrative law judges employed by the office are subject to the personnel rules adopted under AS 39.25.150 (7), (15), and (16).
An administrative law judge employed or retained by the office may, in conducting an administrative hearing for an agency, exercise the powers authorized by law for exercise by that agency in the performance of its duties in connection with the hearing. An administrative law judge may
1. engage in alternative dispute resolution under regulations adopted by the chief administrative law judge that is in addition to any alternate dispute resolution procedure used by an agency before the case is referred to the office;
2. order a party, a party’s attorney, or another authorized representative of a party to pay reasonable expenses, including attorney fees, incurred by another party as a result of actions done in bad faith or as a result of tactics used frivolously or solely intended to cause unnecessary delay;
3. perform other necessary and appropriate acts in the performance of official duties.
An administrative law judge employed by the office must devote full time to the duties of the office unless appointed to a position that is less than full-time. An administrative law judge employed by the office may not perform duties inconsistent with the duties and responsibilities of an administrative law judge.
The office may enter into a contract with an individual who meets the qualifications established in (a) of this section to serve as an administrative law judge in a particular administrative hearing or in several hearings of the same type. The individual is subject to AS 39.52 (Alaska Executive Branch Ethics Act). Notwithstanding AS 36.30.015(d) , the office may contract for or hire an administrative law judge without notifying or securing the approval of the Department of Law.

History. (§ 3 ch 163 SLA 2004)

Administrative Code. —

For hearing procedures, see 2 AAC 64, art. 2.

Sec. 44.64.050. Hearing officer conduct.

An administrative law judge employed full time by the office or a hearing officer employed full time by an agency may not serve in any other judicial or quasi-judicial capacity or engage in the private practice of law.
The chief administrative law judge shall, subject to AS 39.52.920 and by regulation, adopt a code of hearing officer conduct. The code shall apply to the chief administrative law judge, administrative law judges of the office, and hearing officers of each other agency. The following fundamental canons of conduct shall be included in the code: in carrying out official duties, an administrative law judge or hearing officer shall
1. uphold the integrity and independence of the office;
2. avoid impropriety and the appearance of impropriety;
3. perform the duties of the office impartially and diligently;
4. conduct unofficial activities in ways that minimize the risk of conflict with the obligations of the office; and
5. refrain from inappropriate activity in seeking employment with another agency or employer or in seeking reappointment.
Except as provided in (e) of this section, the chief administrative law judge shall receive and consider all complaints against administrative law judges or hearing officers employed or retained by the office or another agency alleging violations of (a) of this section or of the code of hearing officer conduct. The chief administrative law judge shall deliver the complaint to the attorney general when the chief administrative law judge determines that the conduct alleged, if true, would constitute a violation of
1. subsection (a) of this section; or
2. the code and would warrant disciplinary action under the regulations adopted under (b) of this section.
If the attorney general determines that a violation has occurred, the attorney general shall submit written findings to the agency that employed or retained the administrative law judge or hearing officer who is the subject of the complaint together with recommendations for corrective or disciplinary action. If the administrative law judge is employed or retained by the office, the chief administrative law judge shall take appropriate corrective or disciplinary action.
The attorney general shall, by regulation, establish procedures to implement (d) of this section, including procedures for investigating and holding hearings on complaints. The attorney general shall receive and consider any complaint filed against the chief administrative law judge under this section, and may investigate or hold a hearing on the complaint in compliance with the regulations adopted under this subsection.

History. (§ 3 ch 163 SLA 2004)

Administrative Code. —

For code of hearing officer conduct, see 2 AAC 64, art. 1.

For procedures for complaints against administrative law judges or hearing, see 9 AAC 64.

Notes to Decisions

Disqualification. —

When an employee sought disqualification of the chair of the Alaska Workers’ Compensation Board due to the chair’s prior representation of an insurer involved in the employee’s case, AS 22.20.020 did not apply. Rather, this section applies to administrative law judges and hearing officers. Rosales v. Icicle Seafoods, Inc., 316 P.3d 580 (Alaska 2013), cert. denied, 572 U.S. 1004, 134 S. Ct. 1516, 188 L. Ed. 2d 452 (U.S. 2014).

Stated in

Alvarez v. State, 249 P.3d 286 (Alaska 2011).

Sec. 44.64.055. Reimbursement agreements.

The office may enter into agreements for reimbursement for services related to an administrative hearing from a school district, municipality, or other governmental entity if the reimbursement is authorized by other law.

History. (§ 3 ch 163 SLA 2004)

Sec. 44.64.060. Procedure for hearings.

The chief administrative law judge shall, by regulation, establish procedures for administrative hearings conducted by the office. Each administrative hearing under the jurisdiction of the office or that has been transferred to the office by an agency shall be conducted in accordance with statutes that apply to that hearing, including, if applicable, AS 44.62 (Administrative Procedure Act). In case of conflict between this section and another applicable statute establishing procedures for administrative hearings, the other statute prevails. However, to the extent regulations adopted by an agency for the conduct of an administrative hearing conflict with regulations adopted by the chief administrative law judge under this subsection, the regulations adopted by the chief administrative law judge control to the maximum extent possible without conflicting with applicable statutes.
When an agency receives a request for a hearing that is subject to AS 44.64.030 , the agency shall, within 10 days and in writing, deny the request for reasons provided by law or grant the request and refer the case to the office. The agency shall immediately give notice of the denial or referral to the requesters and the office. If the request is denied, the denial may be appealed to the superior court as provided by other law. If the request is granted, the agency shall, within 15 days after receiving the request, compile and transmit to the office a copy of the request for a hearing, the names, addresses, and telephone numbers of all parties and their representatives, and the agency’s decision, if any, together with the record relied on to support the decision. Any information provided to the office that is confidential by law shall be identified by the agency as confidential and shall be kept confidential by the office.
The agency may, with materials transmitted under (b) of this section, request the chief administrative law judge to permit the individual, board, or commission that will make the final decision to participate with the assigned administrative law judge in the conduct of the administrative hearing. The chief administrative law judge shall determine the degree and manner of participation and may terminate that participation at any time. However, the individual, board, or commission that participates under this subsection may not serve as the administrative law judge or preside during the hearing and may not take action on behalf of the agency in the agency’s capacity as a party to the proceedings.
An administrative law judge employed or retained by the office shall, within 120 days after the date the agency received the request for a hearing, prepare a proposed decision, unless another time period is provided by law or agreed to by the parties and the chief administrative law judge. The administrative law judge shall immediately submit the proposed decision to the agency.
A proposed decision in an administrative hearing shall be in a form that may be adopted as the final decision by the agency with authority to make the final decision. The proposed decision is a public record, except as otherwise provided by statute. A copy of the proposed decision shall be served by the office on each party in the case or on the attorneys representing those parties in the hearing. Unless the office has established a shorter time period or another statute has established a different time period, within 30 days after the proposed decision is served, a party may file with the agency a proposal for action under (1) — (5) of this subsection. The agency with authority to make a final decision in the case retains agency discretion in the final disposition of the case and shall, within 45 days after the date the proposed decision is served or at the next regularly scheduled meeting that occurs at least 45 days after the proposed decision is served, do one or more of the following:
1. adopt the proposed decision as the final agency decision;
2. return the case to the administrative law judge to take additional evidence or make additional findings or for other specific proceedings, in which case the administrative law judge shall complete the additional work and return the revised proposed decision to the agency within 45 days after the original decision was returned under this paragraph;
3. exercise its discretion by revising the proposed enforcement action, determination of best interests, order, award, remedy, sanction, penalty, or other disposition of the case, and adopt the proposed decision as revised;
4. in writing, reject, modify, or amend a factual finding in the proposed decision by specifying the affected finding and identifying the testimony and other evidence relied on by the agency for the rejection, modification, or amendment of the finding, and issue a final agency decision;
5. in writing, reject, modify, or amend an interpretation or application in the proposed decision of a statute or regulation directly governing the agency’s actions by specifying the reasons for the rejection, modification, or amendment, and issue a final agency decision.
If a final decision is not issued timely in accordance with (e) of this section, the administrative law judge’s proposed decision is the final agency decision.

History. (§ 3 ch 163 SLA 2004)

Administrative Code. —

For hearing procedures, see 2 AAC 64, art. 2.

Notes to Decisions

Review of findings by ALJ. —

Substantial evidence supported a final agency decision to terminate in-home nursing care benefits contrary to an administrative law judge's (ALJ) findings, under heightened scrutiny, because (1) an assessment found the recipient's condition improved, (2) an assessment review made that conclusion, (3) another review found the assessment consistent with narrative information and clinical diagnoses, (4) prior assessments showed improved functioning, and (5) the decision directly responded to the ALJ's opinion and noted a failure to account for eyewitness observations. Radebaugh v. State, 397 P.3d 285 (Alaska 2017).

Stated in

Dep't of Health & Soc. Servs., Div. of Pub. Assistance v. Gross, 347 P.3d 116 (Alaska 2015); Ahmasuk v. State, 478 P.3d 665 (Alaska 2021).

Sec. 44.64.070. Disqualification of administrative law judge.

The chief administrative law judge or an administrative law judge employed or retained by the office is disqualified from a case in which the administrative law judge cannot accord a fair and impartial hearing or for other reasons established in the code of hearing officer conduct.
A party may request the disqualification of the chief administrative law judge or another administrative law judge by filing an affidavit, before the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded by that administrative law judge. Notwithstanding AS 44.62.450(c) , upon receipt of the affidavit, the administrative law judge assigned to the administrative hearing shall make a determination. If the affiant objects to the decision, the matter shall be decided by the chief administrative law judge, whose decision is final, or if the hearing is assigned to the chief administrative law judge, by the attorney general, whose decision is final.
In addition to disqualification of an administrative law judge under (a) and (b) of this section, each side is entitled to change the assigned administrative law judge once. Two or more parties aligned on the same side of an action shall be treated as one side for purposes of this subsection, but the chief administrative law judge may allow an additional change to a party whose interests are adverse to the interests of another party on the same side. A party wishing to exercise the right to change the administrative law judge shall give notice to the chief administrative law judge within five days after notice is given that the case has been assigned. A party waives the right to a change in the assigned administrative law judge by participating before that administrative law judge in any proceeding or conference involving the case.

History. (§ 3 ch 163 SLA 2004)

Administrative Code. —

For code of hearing officer conduct, see 2 AAC 64, art. 1.

For hearing procedures, see 2 AAC 64, art. 2.

Sec. 44.64.080. Agency cooperation.

All agencies shall cooperate with the chief administrative law judge and with other administrative law judges of the office in the matters involving the duties of the office.
Except as provided under AS 44.64.070 or by regulation adopted under this chapter, an agency may not select or reject a particular administrative law judge for assignment to an administrative hearing.
After an administrative hearing is referred by an agency to the office for hearing, the agency may not take further adjudicatory action in the case, except as a party litigant or to render a final decision as provided by law. This subsection does not otherwise limit the agency’s authority to take action affecting a party to the case.

History. (§ 3 ch 163 SLA 2004)

Sec. 44.64.090. Administrative hearing records.

The office shall acquire and organize statistical and other information relating to administrative hearings of the office and of other agencies. The office shall acquire and organize copies of proposed and final agency decisions in administrative hearings and copies of court decisions resulting from those administrative hearings. The information and decisions shall be made available to the public, agencies, and the legislature. The office shall make final agency decisions reached after administrative hearings available online through an electronic data base.
This section does not apply to records that are confidential or privileged.

History. (§ 3 ch 163 SLA 2004)

Administrative Code. —

For hearing procedures, see 2 AAC 64, art. 2.

Sec. 44.64.095. Federal requirements.

Federal requirements applicable to an administrative hearing prevail to the extent they conflict with any provision of AS 44.64.010 — 44.64.200 .

History. (§ 3 ch 163 SLA 2004)

Sec. 44.64.200. Definitions.

In this chapter,

“administrative hearing” means a quasi-judicial hearing before an agency; it does not include an informal conference or review held by an agency before a final decision is issued or a rate-making proceeding or other nonadjudicative public hearing;
“administrative law judge” means a hearing officer who is retained or employed by the office;
“agency” means an agency of the executive branch of state government, including an officer, a division, or another subunit of an agency, a board or commission, a public corporation, and the University of Alaska;
“hearing officer” means an individual who presides over the conduct of an administrative hearing and who is retained or employed by an agency for that purpose;
“office” means the office of administrative hearings established in AS 44.64.010 .

History. (§ 3 ch 163 SLA 2004)

Chapter 65. Interdepartment and Interagency Services.

[Repealed, § 69 ch 106 SLA 1986, as amended by § 27 ch 65 SLA 1987.]

Chapter 66. Review of the Activities of Agencies, Boards, and Commissions.

Cross references. —

For legislative findings related to this chapter, see § 1, ch. 149, SLA 1977.

Sec. 44.66.010. Expiration of state boards and commissions.

Boards and commissions listed in this subsection expire on the date set out after each:
1. Alcoholic Beverage Control Board (AS 04.06.010 ) — June 30, 2022;
2. Board of Parole (AS 33.16.020 ) — June 30, 2025;
3. Regulatory Commission of Alaska (AS 42.04.010 ) — June 30, 2022;
4. Alaska Commission on Aging (AS 47.45.200 ) — June 30, 2024;
5. Council on Domestic Violence and Sexual Assault (AS 18.66.010 ) — June 30, 2022;
6. special education service agency (AS 14.30.600 ) — June 30, 2029;
7. Statewide Suicide Prevention Council (AS 44.29.300 ) — June 30, 2027;
8. Alaska Seismic Hazards Safety Commission (AS 44.37.065 ) — June 30, 2028;
9. Alaska Health Care Commission (AS 18.09.010 ) — June 30, 2017;
10. Citizens’ Advisory Commission on Federal Management Areas in Alaska (AS 41.37.160 ) — June 30, 2021;
11. Alaska Tourism Marketing Board (AS 44.33.136 ) — June 30, 2018;
12. Alaska Criminal Justice Commission (AS 44.19.641 ) — June 30, 2021;
13. Marijuana Control Board (AS 17.38.080 ) — June 30, 2024.
Upon termination, a commission listed in (a) of this section shall continue in existence until June 30 of the next succeeding year for the purpose of concluding its affairs.
A commission scheduled for termination under this chapter may be continued or reestablished by the legislature for a period not to exceed eight years.
Notwithstanding (b) of this section, the powers and duties of the Regulatory Commission of Alaska in the year following expiration are not reduced or otherwise limited, and the commission shall continue in existence after expiration for one year. The commission shall continue to exercise all its powers and perform its duties and responsibilities under AS 42 during the year following its expiration.

History. (am E.O. No. 48, § 5 (1981); am E.O. No. 105, § 3 (2003); § 3 ch 149 SLA 1977; am § 3 ch 101 SLA 1978; am § 10 ch 179 SLA 1978; am § 3 ch 44 SLA 1980; am § 1 ch 115 SLA 1980; am § 11 ch 131 SLA 1980; am § 11 ch 136 SLA 1980; am § 3 ch 172 SLA 1980; am § 1 ch 32 SLA 1981; am § 1 ch 64 SLA 1981; am § 4 ch 79 SLA 1981; am § 3 ch 101 SLA 1981; am § 20 ch 110 SLA 1981; am § 1 ch 65 SLA 1982; am § 31 ch 142 SLA 1982; am 1983 Initiative Proposal No. 2, § 6; am § 1 ch 20 SLA 1983; am § 3 ch 52 SLA 1983; am § 1 ch 74 SLA 1983; am § 1 ch 76 SLA 1983; am § 16 ch 161 SLA 1984; am § 1 ch 163 SLA 1984; am § 63 ch 21 SLA 1985; am § 1 ch 29 SLA 1985; am § 1 ch 36 SLA 1985; am § 1 ch 38 SLA 1985; am § 6 ch 88 SLA 1985; am § 3 ch 84 SLA 1986; am § 1 ch 95 SLA 1986; am § 2 ch 97 SLA 1986; am § 6 ch 104 SLA 1986; am § 5 ch 112 SLA 1986; am § 1 ch 121 SLA 1986; am § 1 ch 71 SLA 1987; am § 10 ch 78 SLA 1988; am § 1 ch 2 SLA 1989; am § 1 ch 5 SLA 1989; am § 6 ch 15 SLA 1989; am § 1 ch 16 SLA 1989; am § 1 ch 46 SLA 1989; am § 1 ch 74 SLA 1989; am § 1 ch 79 SLA 1989; am § 1 ch 23 SLA 1990; am § 3 ch 96 SLA 1990; am § 3 ch 117 SLA 1990; am § 7 ch 190 SLA 1990; am § 1 ch 40 SLA 1992; am § 21 ch 6 SLA 1993; am § 1 ch 14 SLA 1993; am § 3 ch 15 SLA 1993; am § 1 ch 62 SLA 1993; am § 1 ch 24 SLA 1994; am § 5 ch 44 SLA 1994; am § 3 ch 109 SLA 1994; am § 10 ch 131 SLA 1994; am § 12 ch 1 SLA 1995; am § 1 ch 5 SLA 1995; am § 33 ch 23 SLA 1995; am §§ 8, 9 ch 93 SLA 1995; am § 16 ch 59 SLA 1996; am § 6 ch 77 SLA 1996; am § 1 ch 115 SLA 1996; am § 1 ch 17 SLA 1997; am § 1 ch 24 SLA 1997; am § 1 ch 94 SLA 1997; am § 1 ch 87 SLA 1998; am § 5 ch 125 SLA 1998; am § 21 ch 25 SLA 1999; am § 10 ch 29 SLA 1999; am § 1 ch 70 SLA 1999; am § 18 ch 74 SLA 1999; am § 102 ch 21 SLA 2000; am § 1 ch 80 SLA 2000; am § 1 ch 125 SLA 2000; am § 1 ch 45 SLA 2001; am § 3 ch 84 SLA 2001; am §§ 5, 9 ch 2 TSSLA 2002; am § 3 ch 91 SLA 2002; am § 1 ch 106 SLA 2002; am § 3 ch 109 SLA 2002; am § 1 ch 33 SLA 2003; am § 74 ch 35 SLA 2003; am § 1 ch 93 SLA 2003; am § 3 ch 127 SLA 2003; am § 1 ch 24 SLA 2004; am § 1 ch 27 SLA 2004; am § 27 ch 99 SLA 2004; am § 1 ch 8 SLA 2005; am § 5 ch 58 SLA 2005; am § 4 ch 71 SLA 2006; am § 2 ch 102 SLA 2006; am § 1 ch 4 SLA 2007; am § 1 ch 35 SLA 2007; am § 4 ch 37 SLA 2007; am § 1 ch 33 SLA 2008; am § 1 ch 77 SLA 2008; am § 1 ch 81 SLA 2008; am § 5 ch 43 SLA 2009; am § 3 ch 84 SLA 2010; am § 4 ch 96 SLA 2010; am § 2 ch 2 FSSLA 2011; am §§ 5, 6 ch 23 SLA 2012; am § 2 ch 23 SLA 2013; am § 1 ch 37 SLA 2013; am § 1 ch 25 SLA 2014; am § 1 ch 28 SLA 2014; am § 1 ch 37 SLA 2014; am § 1 ch 40 SLA 2014; am § 1 ch 43 SLA 2014; am § 4 ch 76 SLA 2014; am § 33 ch 83 SLA 2014; am § 9 ch 4 SLA 2015; am § 1 ch 5 SLA 2015; am § 1 ch 12 SLA 2016; am § 1 ch 19 SLA 2016; am § 167 ch 36 SLA 2016; am § 1 ch 37 SLA 2018; am § 3 ch 38 SLA 2018; am § 1 ch 8 SLA 2019; am § 1 ch 14 SLA 2020; am § 1 ch 19 SLA 2020; am § 2 ch 12 SLA 2021)

Revisor's notes. —

Subsection (d) was enacted in 2002 as uncodified and codified in 2002, at which time “(b) of this section” was substituted for “AS 44.66.010(b) ” in subsection (d).

In 2004, the paragraphs in subsection (a) were renumbered to reflect the earlier repeals of paragraphs.

Paragraphs (a)(11) and (a)(12) were enacted as (a)(10); renumbered in 2014.

Cross references. —

For termination of boards regulating occupations and professions, see AS 08.03.

For provision declaring the limitation of (c) of this section inapplicable to the 2004 amendment of (a)(6) of this section extending the termination date of the special education service agency, see § 2, ch. 27, SLA 2004, in the 2004 Temporary and Special Acts.

Administrative Code. —

For certification of underground storage tank workers, see 18 AAC 78, art. 4.

Effect of amendments. —

The first 2018 amendment, effective June 30, 2018, in (a)(13), substituted “June 30, 2024” for “June 30, 2018”.

The second 2018 amendment, effective June 30, 2018, in (a)(1), substituted “June 30, 2022” for “June 30, 2018”.

The 2019 amendment, effective June 27, 2019, in (a)(7), substituted “June 30, 2027” for “June 30, 2019.”

The first 2020 amendment, effective April 21, 2020, in (a)(8), substituted “June 30, 2028” for “June 30, 2020”.

The second 2020 amendment, effective April 21, 2020, in (a)(2), substituted “June 30, 2025” for “June 30, 2020”.

The 2021 amendment, effective June 30, 2021, in (a)(6), substituted “June 30, 2029” for “June 30, 2021” at the end.

Editor's notes. —

Under § 8, ch. 23, SLA 2012, the 2012 amendment to (a)(1) of this section is retroactive to June 30, 2011.

Opinions of attorney general. —

The commission’s authority to make decisions and issue orders in accordance with the statutory powers and duties granted and conferred in AS 42.05, AS 42.06 and AS 42.45.100 et seq. is not withdrawn or diminished during the sunset (or wind-down) year. The commission should comply with the Sunset Law by preparing for the exigency of closing shop; this does not mean, however, that the commission cannot carry on its usual business of regulating utilities and pipelines. Since many of the commission’s statutory duties are mandatory, the commission must reconcile performance of those duties with the provisions of the Sunset Law. The commission should continue to perform its statutory duties to the extent possible while developing a plan to phase out its work by the close of the sunset year. In deciding how to do this, the commission has a considerable amount of discretion. June 21, 1994 Op. Att’y Gen.

Sec. 44.66.020. Agency programs.

Every year, the legislative audit division shall ensure that the review team conducts a performance review of the appropriate programs of the agencies listed in this subsection. Programs that are administered by more than one agency shall be reviewed with the agency that the Legislative Budget and Audit Committee designates. Reviews may be conducted before the dates set out in this subsection at the discretion of the Legislative Budget and Audit Committee. The first review shall occur in the calendar year set out after each agency’s name, as follows, and subsequent reviews of each agency, or part of an agency, shall occur every 10 years:
1. Department of Corrections, 2014;
2. Department of Health and Social Services, 2015;
3. Department of Education and Early Development, including the foundation formula, 2016;
4. Office of the Governor, 2017;
5. agencies of the legislative branch, 2017;
6. Alaska Court System, 2017;
7. University of Alaska, 2018;
8. Department of Transportation and Public Facilities, 2019;
9. Department of Administration, 2020;
10. Department of Commerce, Community, and Economic Development, 2020;
11. Department of Fish and Game, 2021;
12. Department of Environmental Conservation, 2021;
13. Department of Natural Resources, 2021;
14. Department of Revenue, 2022;
15. Department of Law, 2022;
16. Department of Public Safety, 2022;
17. Department of Military and Veterans’ Affairs, 2023;
18. Department of Labor and Workforce Development, 2023.
Subject to appropriation, the legislative audit division shall hire individuals and contract with individuals or firms to form a review team or teams to complete the reviews under this section.
In the year before the year designated as the year for review in (a) of this section, the agency shall provide to the review team, before November 1,
1. citations to the agency’s authority under the Constitution of the State of Alaska or the Alaska Statutes to administer its programs;
2. a list of programs or elements of programs that compose at least 10 percent of the general funds in the agency’s budget appropriated from the general fund that could be reduced or eliminated; the agency shall consider first those programs or elements of programs that
  1. do not serve a current need;
  2. are not authorized by the Constitution of the State of Alaska or the Alaska Statutes; or
  3. are not essential to the agency mission or delivery of the agency’s core services;
3. a list of active encumbrances and an explanation of the continuing need for any encumbrance unsatisfied more than one year after it was incurred;
4. all information submitted to the legislature in the agency’s most recent submission under AS 37.07.050 , including agency mission, results-based measures, prioritization of core services, and all programs within the core services from the most important to the least important.

History. (§ 3 ch 149 SLA 1977; am § 14 ch 31 SLA 2005; am § 5 ch 19 SLA 2013)

Delayed repeal of section. —

Under sec. 11, ch. 19, SLA 2013, this section is repealed July 1, 2023.

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, rewrote the section, setting out in greater detail the agency programs subject to termination during the regular legislative session, and the procedure for review.

Sec. 44.66.030. Program identification. [Repealed, § 10 ch 19 SLA 2013.]

Sec. 44.66.040. Duties of the review team.

During a review year set out in AS 44.66.020(a) , the legislative audit division shall determine the scope of the performance review subject to approval by the Legislative Budget and Audit Committee, and the review team shall
1. collaborate with the legislative audit division and the legislative finance division to identify any earlier audit findings or budgetary issues for the agency;
2. through the Legislative Budget and Audit committee or the senate or house finance committees of the state legislature, schedule public hearings in Juneau, Anchorage, Fairbanks, and other locations as determined by the committees to review agency activities and identify problems or concerns;
3. consult with other states and appropriate public policy organizations to establish best practices for the agency;
4. analyze the agency priorities reported to the legislature under AS 37.07.050(a)(13) ; and
5. evaluate the agency process for development of capital projects.
The review team shall analyze materials relevant to the performance of the agency, including
1. all material provided under AS 44.66.020(c)(4) ;
2. a 10-year growth history and a 10-year projection of agency expenses by funding source, prepared by the office of management and budget;
3. organizational charts, personnel charts by location that show the number of positions and the functions of each position, and a list of transfers of personal services funding to or from other line items within the agency during the preceding 10 years, prepared by the office of management and budget;
4. audit information, including a list of agency audit recommendations, prepared by the legislative audit division;
5. a list of any financial issues relating to the agency’s operating or capital expenditures, prepared by the legislative finance division;
6. an explanation of the function and procedure for dedicated funds or any other special funds in the agency, prepared by the legislative finance division;
7. a 10-year history of any budget ratifications or supplemental budget requests, prepared by the legislative finance division; and
8. analysis and summary of confidential information that the review team may request, through the Legislative Budget and Audit Committee, from the legislative audit division, if necessary to complete the team’s review.
Before December 16 of the review year set out in AS 44.66.020(a) , the review team shall provide a confidential preliminary report to the Legislative Budget and Audit Committee.
One week before the first day of the regular session of the legislature in the year following the review year set out in AS 44.66.020(a) , the review team shall provide to the chairs or cochairs of the senate and house finance committees a final report. In the report, the review team may
1. evaluate the success of the agency in achieving its mission through the effective and efficient delivery of its core services, goals, programs, and objectives;
2. determine whether the agency’s results-based measures demonstrate the effectiveness and efficiency of the agency’s core services, goals, programs, and objectives and recommend changes if necessary;
3. determine whether the results-based measures were useful in conducting the review and recommend changes if necessary;
4. evaluate the appropriateness of the budget reductions proposed under AS 44.66.020(c) ;
5. determine whether the agency acted in good faith to correct problems identified in any previous audit or review;
6. list agency programs or actions not authorized by statute and identify other authority for those actions;
7. identify agency authority to collect fees, conduct inspections, enforce state law, or impose penalties;
8. recommend improvements to agency practices and procedures, including means to decrease regulatory burdens or restrictions without decreasing public service and safety;
9. identify areas in which programs and jurisdiction of agencies overlap and assess the quality of interagency cooperation in those areas;
10. evaluate whether the agency promptly and effectively addresses complaints;
11. evaluate to what extent the agency encourages and uses public participation in rulemaking and other decision making;
12. evaluate the agency’s process for implementing technology and recommend new types or uses of technology to improve agency efficiency and effectiveness;
13. identify services provided by programs and functions duplicated by another government agency or private entity and recommend the most effective and efficient way to perform those services;
14. evaluate whether the agency priorities reported to the legislature under AS 37.07.050(a)(13) and the list of programs or elements of programs provided under AS 44.66.020(c) (2) are consistent with the results of the performance review;
15. identify agencies that could be terminated or consolidated, reductions in costs, and potential program or cost reductions based on policy changes;
16. identify reductions and efficiencies recommended as a result of a review conducted under this section;
17. identify the extent to which statutory, regulatory, budgetary, or other changes are necessary to enable the agency to better serve the interests of the public and to correct problems identified during the review;
18. analyze how the review team’s recommendation to terminate the agency or to terminate any program within the agency would affect federal funding or instigate federal intervention;
19. include draft legislation to correct problems identified in the report that shall be introduced by the senate and house finance committees of the state legislature during the current legislative session;
20. identify areas that need in-depth review in order to provide complete information to the Legislative Budget and Audit Committee for consideration in the audit process; and
21. identify any other elements appropriate to a performance management review.
The Legislative Budget and Audit Committee shall, based on the amount of the actual reduction in state expenditures reported by the legislative finance division under AS 24.20.231 (7) increased by an appropriate inflationary factor to be determined by the Legislative Budget and Audit Committee, estimate the anticipated savings for the second through fifth fiscal years following the review. The Legislative Budget and Audit Committee shall include the amount of the actual reduction and the anticipated future savings in its annual report under AS 24.20.311 for the second fiscal year following the review and each of the subsequent four reports.
The senate and house finance committee chairs, cochairs, and subcommittees may incorporate the recommendations of a report submitted under (d) of this section into the budget for the fiscal year following the report.

History. (§ 6 ch 19 SLA 2013)

Delayed repeal of section. —

Under sec. 11, ch. 19, SLA 2013, this section is repealed July 1, 2023.

Effective dates. —

Section 12, ch. 19, SLA 2013 makes this section effective July 1, 2013.

Sec. 44.66.050. Legislative oversight.

Before the termination, dissolution, continuation, or reestablishment of a board or commission under AS 08.03.010 or AS 44.66.010 , a committee of reference of each house, which shall be the standing committee of legislative jurisdiction as provided in the Uniform Rules of the Legislature, shall hold one or more hearings to receive testimony from the public, the commissioner of the department having administrative responsibility for each named board or commission, and the members of the board or commission involved. The hearings may be joint hearings. The committee shall also consider the proposed budget of the board or commission prepared in accordance with AS 37.07.050(f) and the performance audit of the activities of the board or commission prepared by the legislative audit division as prescribed in AS 24.20.271 (1). The committee may consider any other report of the activities of the board or commission, including annual reports, summaries prepared by the Legislative Affairs Agency, and any evaluation or general report of the manner of conduct of activities of the board or commission prepared by the office of the ombudsman.
During a public hearing, the board or commission shall have the burden of demonstrating a public need for its continued existence or the continuation of the program and the extent to which any change in the manner of exercise of its functions or activities may increase efficiency of administration or operation consistent with the public interest.
A determination as to whether a board or commission has demonstrated a public need for its continued existence must take into consideration the following factors:
1. the extent to which the board or commission has operated in the public interest;
2. the extent to which the operation of the board or commission has been impeded or enhanced by existing statutes, procedures, and practices that it has adopted, and any other matter, including budgetary, resource, and personnel matters;
3. the extent to which the board or commission has recommended statutory changes that are generally of benefit to the public interest;
4. the extent to which the board or commission has encouraged interested persons to report to it concerning the effect of its regulations and decisions on the effectiveness of service, economy of service, and availability of service that it has provided;
5. the extent to which the board or commission has encouraged public participation in the making of its regulations and decisions;
6. the efficiency with which public inquiries or complaints regarding the activities of the board or commission filed with it, with the department to which a board or commission is administratively assigned, or with the office of victims’ rights or the office of the ombudsman have been processed and resolved;
7. the extent to which a board or commission that regulates entry into an occupation or profession has presented qualified applicants to serve the public;
8. the extent to which state personnel practices, including affirmative action requirements, have been complied with by the board or commission in its own activities and in the area of activity or interest;
9. the extent to which statutory, regulatory, budgetary, or other changes are necessary to enable the board or commission to better serve the interests of the public and to comply with the factors enumerated in this subsection;
10. the extent to which the board or commission has effectively attained its objectives and purposes and the efficiency with which the board or commission has operated; and
11. the extent to which the board or commission duplicates the activities of another governmental agency or the private sector.
As to each board or commission assigned to it for purposes of review, the committee of reference shall, not later than the 60th day of the legislative session, submit a report to the presiding officer of the house. The report must contain a summary of the findings of the committee as to the compliance of the board or commission with the factors enumerated in (c) of this section, together with a summary or recommendations of the committee as to each of the following:
1. an identification of the problems or the needs that the programs and activities of the board or commission are intended to address;
2. a statement, to the extent practicable, of the objectives of the program of the board or commission and its anticipated accomplishments;
3. an identification of any other programs having similar, conflicting, or duplicate objectives;
4. an assessment of alternative methods of achieving the purposes of the program;
5. an assessment of the consequences of eliminating the board or commission and consolidating its activities with another program or of funding it at a lower level;
6. a justification for the recommended continuation or extension of the board or commission and an explanation of the manner in which it avoids duplication of or conflict with other efforts; and
7. any other information that, in the opinion of the committee, would improve the performance of the board or commission with respect to its representation of and responsiveness to the public interest.
The committee of reference may introduce a bill providing for the reorganization or continuation of the board or commission. Not more than one board or commission may be continued or reestablished in any legislative bill, and the board or commission must be mentioned in the title of the bill.

History. (§ 3 ch 149 SLA 1977; am § 31 ch 92 SLA 2001; am § 6 ch 58 SLA 2005; am § 7 ch 19 SLA 2013)

Cross references. —

For temporary law provision exempting ch. 23, SLA 2012 from the provision of (e) of this section prohibiting a bill from continuing or reestablishing more than one board or commission, see § 7, ch. 23, SLA 2012 in the 2012 Temporary and Special Acts.

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, in the first sentence of (a), deleted “or of an agency program under AS 44.66.020 and AS 44.66.030 ” following “under AS 08.03.010 or AS 44.66.010 ”; and, throughout the section, deleted references to “agency program” or similar, and made related and stylistic changes.

Sec. 44.66.060. Existing claims.

This chapter does not cause the termination or dismissal of a claim or right of a citizen against a board, commission, or program of an agency terminated by legislative action or under this chapter that is subject to litigation. Claims and rights shall be assumed by the department to which the board or commission terminated under this chapter was attached for administrative purposes.

History. (§ 3 ch 149 SLA 1977; am § 8 ch 19 SLA 2013)

Effect of amendments. —

The 2013 amendment, effective July 1, 2013, inserted “by legislative action or” following “program of an agency terminated”.

Sec. 44.66.070. Definitions.

In this chapter,

“agency” means a state department or agency, whether in the legislative, judicial, or executive branch, and includes the University of Alaska;
“review team” means appropriate professionals hired by or under contract with the legislative audit division to complete a performance review under AS 44.66.020 — 44.66.040 .

History. (§ 9 ch 19 SLA 2013)

Delayed repeal of paragraph (2). —

Under sec. 11, ch. 19, SLA 2013, paragraph (2) of this section is repealed July 1, 2023.

Effective dates. —

Section 12, ch. 19, SLA 2013 makes this section effective July 1, 2013.

Chapter 68. State Property.

Article 1. Use of State-Owned Vehicles.

Sec. 44.68.010. Authorized uses.

State-owned vehicles may be used only in the conduct of state business. A state officer or employee may not use or permit the use of a state-owned vehicle except in the conduct of state business.

History. (§ 1 ch 178 SLA 1959)

Sec. 44.68.020. Regulations.

The Department of Transportation and Public Facilities shall adopt regulations that

define what is the use of state-owned automotive and mechanical vehicles in the conduct of state business and distinguish this use from misappropriation for private use;
prescribe use governing the storage of state-owned vehicles in those locations where storage space, under the jurisdiction of the Department of Transportation and Public Facilities, is available for storage of state-owned vehicles;
provide for the marking of state-owned vehicles as property of the state and for the use of distinctive license tags for state-owned vehicles.

History. (§ 2 ch 178 SLA 1959; am § 1 ch 12 SLA 1960; am § 50 ch 127 SLA 1974; am E.O. No. 39, § 11 (1977))

Sec. 44.68.030. Exemptions.

AS 44.68.010 — 44.68.040 do not apply to the use of vehicles by the governor.

History. (§ 3 ch 178 SLA 1959)

Sec. 44.68.040. Violations.

A state officer or employee who violates AS 44.68.010 — 44.68.040 or a regulation adopted under AS 44.68.010 — 44.68.040 is subject to dismissal from state employment upon hearing as provided for other dismissals for cause.

History. (§ 4 ch 178 SLA 1959)

Article 2. Disposition of Surplus State Property.

Sec. 44.68.110. Disposition of obsolete or surplus state property.

The Department of Administration shall take possession of obsolete or surplus property of the state, including recyclable property, for which there is no immediate or prospective use, except abandoned or obsolete school buildings and other school property. It shall also take possession of property, including recyclable property, remaining in the control of a commission or board of the state government after the commission or board stops functioning. The Department of Administration shall sell, lease, license, or dispose of the property on the terms it considers for the best interests of the state in conformance with regulations adopted under AS 36.30 (State Procurement Code). In this section, “recyclable property” means property that cannot be used for its intended purpose in its present form, but that can be used to create new property.
Before a state agency transfers obsolete or surplus property to the Department of Administration for sale, lease, licensing, or other disposition under (a) of this section, the state agency shall reconfigure or erase all functions, including electronic functions, of the property as necessary to prevent the property from producing indicators that the property, or a product generated by the property, is property of the state or is generated by a state agency.

History. (§ 2 ch 24 SLA 1953; am § 49 ch 106 SLA 1986; am § 6 ch 175 SLA 1990; am § 1 ch 125 SLA 2002)

Revisor’s notes. —

Formerly AS 44.71.010. Renumbered in 1989.

Administrative Code. —

For sale of surplus property, see 2 AAC 20.

Collateral references. —

2 Am. Jur. 2d, Administrative Law, § 48 et seq.

72 Am. Jur. 2d, States, Territories and Dependencies, §§ 67-70.

81A C.J.S., States, §§ 259-264.

Article 3. Acquisition of Federal Surplus Property.

Sec. 44.68.120. Authority and duty of Department of Administration.

History. (§ 2 ch 163 SLA 1957; am § 19 ch 143 SLA 1968)

Revisor’s notes. —

Formerly AS 44.71.020. Renumbered in 1989.

Editor’s notes. —

The principal portions of the federal act referred to in (a) of this section are found in 40 U.S.C. 101 — 611. Other provisions are in Titles 41, 44, and 50 of the United States Code.

Opinions of attorney general. —

The department is authorized to negotiate contracts for the acquisition of surplus real property from the federal government, and the commissioner of the state agency submitting application to the Department of Administration for the acquisition of the property may accept the transfer of property to it and obligate the agency and its funds to the extent necessary to comply with the terms and conditions of such transfers. The commissioner of the initiating department may delegate this function to any officer within the department. 1962 Alas. Op. Att'y Gen. No. 20.

Sec. 44.68.130. Financing surplus property service; special fund.

The functions of the Department of Administration under AS 44.68.120 — 44.68.140 shall be, to the fullest extent possible, self-supporting. Funds to pay for personal services and all other expenses necessary to operate under AS 44.68.120 — 44.68.140 shall be obtained from appropriations authorized under AS 44.68.120 — 44.68.140 and fees charged to users of surplus property. However, charges may not be made when property is transferred for civil defense purposes. The department shall establish the fees to be charged. Charges may be made to reimburse the department for direct costs incurred on behalf of users of surplus property.
The charges or fees imposed by the department for the acquisition, warehousing, distribution, or transfer of federal surplus property for educational, public health, or civil defense purposes, including research, and for purposes eligible under federal law are limited to those reasonably related to the costs of care and handling in respect to acquisition, receipt, warehousing, distribution, or transfer by the department. In the case of real property, the charges and fees shall be limited to the reasonable administrative costs of the department incurred in transferring the property. A reasonable reserve may be considered as a proper cost.
There is a special revolving fund in the state treasury. All fees and other money collected from users and receiving agencies shall be deposited in this fund. Administrative costs and incidental expenses shall be paid from this special fund.

History. (§ 4 ch 163 SLA 1957)

Revisor’s notes. —

Formerly AS 44.71.030. Renumbered in 1989.

Cross references. —

For provisions as to special funds, see AS 37.05.500 .

Sec. 44.68.140. Authorization to accept property.

The governing board, or the executive head of a department, instrumentality, or agency of the state government or of a town, city, school district, or other political subdivision may, by order or resolution, give an officer or employee of it continuing authority to get, certify, and accept the transfer to it of property under AS 44.68.120 — 44.68.140 , and to obligate the authority for which the officer or employee acts and its funds to the extent necessary to comply with the terms and conditions of the transfers. This authority of an officer or employee remains in effect until the order or resolution is revoked and written notice of revocation is received by the Department of Administration.

History. (§ 5 ch 163 SLA 1957)

Revisor’s notes. —

Formerly AS 44.71.040. Renumbered in 1989.

Opinions of attorney general. —

This section contemplated that the Alaska Surplus Supply Service (now the Department of Administration) would negotiate the contract, but that the territorial (now state) agency making application for the acquisition of the property, acting through a duly authorized officer or employee, should be bound on the contract. 1962 Alas. Op. Att'y Gen. No. 20.

Article 4. Highways Equipment Working Capital Fund.

Sec. 44.68.210. Fund established.

The highways equipment working capital fund is established as an intragovernmental service fund for the use of the Department of Transportation and Public Facilities.

History. (§ 1 ch 120 SLA 1960; am § 13 ch 49 SLA 1963; am § 81 ch 138 SLA 1986)

Revisor’s notes. —

Formerly AS 44.74.010 . Renumbered in 1989.

Collateral references. —

63C Am. Jur. 2d, Public Funds, § 1 et seq.

Sec. 44.68.220. Use of fund.

The Department of Transportation and Public Facilities shall use the highways equipment working capital fund for necessary expenses resulting from the centralization of equipment maintenance and for the operation of supply depots. The annual estimated balance in the fund may be used by the legislature to make appropriations to the department to carry out the purposes of this section.

History. (§ 1 ch 120 SLA 1960; am § 82 ch 138 SLA 1986)

Revisor’s notes. —

Formerly AS 44.74.020. Renumbered in 1989.

Sec. 44.68.230. Rental fees and charges.

Receipts from rental fees and surcharges to the various departments for equipment rental, repair, and supplies shall be deposited in the highways equipment working capital fund. The departments of the state government shall include in their annual budgets the rental fees, equipment repairs, and supplies.
Rental and surcharge rates charged by the department are subject to annual review and approval by the governor.

History. (§§ 2, 3 ch 120 SLA 1960)

Revisor’s notes. —

Subsection (a) was formerly AS 44.74.030 and subsection (b) was formerly AS 44.74.060. Renumbered in 1989.

Sec. 44.68.240. Records of fund.

The Department of Transportation and Public Facilities shall maintain cost accounting records showing the income and expenses of the highways equipment working capital fund.

History. (§ 3 ch 120 SLA 1960; am § 14 ch 49 SLA 1963; am § 29 ch 126 SLA 1994)

Revisor’s notes. —

Formerly AS 44.74.040. Renumbered in 1989.

Sec. 44.68.250. Additions and replacements to fund.

Additions to capital equipment, replacements of capital equipment, or improvements paid from the highways equipment working capital fund are subject to annual appropriation by the legislature and must be detailed in the executive budget.

History. (§ 3 ch 120 SLA 1960)

Revisor’s notes. —

Formerly AS 44.74.050. Renumbered in 1989.

Article 5. Transfers to Political Subdivisions.

Sec. 44.68.270. Transfer of equipment to political subdivisions.

The commissioner of transportation and public facilities may transfer directly to a political subdivision of the state, including a village organized under 25 U.S.C. 461 — 479, the title to automotive and construction equipment that can be used in the maintenance or construction of roads and airports.
Equipment may not be transferred unless it is in excess of known state requirements in the major senatorial district and is intended for use, to some extent, to maintain and construct airports or roads.
The commissioner may transfer equipment that in the commissioner’s judgment is not economically repairable or is obsolete, without regard to (b) of this section.
The commissioner shall determine how the equipment is to be allocated in the best interests of the state. The commissioner may adopt necessary regulations to implement this section and AS 44.68.280 .

History. (§ 1 ch 106 SLA 1962; am §§ 102 — 104 ch 59 SLA 1982)

Revisor’s notes. —

Formerly AS 44.74.070. Renumbered in 1989.

In 2004, the revisor deleted “or 48 U.S.C. 362” from subsection (a) because 48 U.S.C. 362 was transferred to 25 U.S.C. 473a and therefore falls within 25 U.S.C. 461 — 479, which is already referred to in subsection (a).

Sec. 44.68.280. Restriction on sales by transferee.

A political subdivision that receives title to automotive and construction equipment may not sell it for a period of two years after the date title is transferred.

History. (§ 2 ch 106 SLA 1962)

Revisor’s notes. —

Formerly AS 44.74.080. Renumbered in 1989.

Sec. 44.68.290. Transfer of civil defense property.

Title to personal property received by the state from the federal government for civil defense purposes may be transferred to political subdivisions of the state that have qualified civil defense organizations by the Department of Public Safety with the approval of the state director of civil defense and the approval of the Department of Administration. This section is applicable only when title to the property is held by the Department of Public Safety.
As a condition of title transfer, the political subdivision is responsible for compliance with the federal and state restrictions on the property.
A transfer of title to property may not be made if the transfer is not in compliance with federal law and with the terms of the agreement under which the property has been made available to the state by the federal government.

History. (§ 1 ch 39 SLA 1965)

Revisor’s notes. —

Formerly AS 44.74.090. Renumbered in 1989.

Chapter 71. Surplus Property.

[Renumbered as AS 44.68.110 — 44.68.140 .]

Chapter 74. Management and Disposition.

Secs. 44.74.010 — 44.74.090. [Renumbered as AS 44.68.210 — 44.68.290.]

Secs. 44.74.200 — 44.74.260. Department of Fish and Game Working Capital. [Repealed, § 1 ch 77 SLA 1971.]

Chapter 77. Claims Against the State.

Administrative Code. —

For claims, see 2 AAC 25.

Notes to Decisions

Stated in

State v. Lundgren Pac. Constr. Co., 603 P.2d 889 (Alaska 1979).

Sec. 44.77.010. Presentation of claims.

Except as provided in (d) of this section, every claim for reimbursement for money expended, or for compensation for labor, materials, or supplies furnished, or services given to or for the state, whether based on a contract or on a ratification, shall be promptly presented to the appropriate administrative or executive officer for approval and payment.
[Repealed, § 14 ch 105 SLA 1986.]
[Repealed, § 67 ch 106 SLA 1986.]
A claim that is governed by AS 36.30.560 — 36.30.699 is not governed by this chapter.

History. (§ 15-1-1 ACLA 1949; am § 43 ch 133 SLA 1951; am §§ 1, 2 ch 24 SLA 1953; am § 1 ch 96 SLA 1974; am § 10 ch 144 SLA 1982; am § 14 ch 105 SLA 1986; am §§ 50, 51, 67 ch 106 SLA 1986)

Cross references. —

For actionable claims against the state and related procedural provisions, see AS 09.50.250 — 09.50.300 .

Administrative Code. —

For claims, see 2 AAC 25.

For administrative provisions, see 7 AAC 43, art. 1.

Notes to Decisions

Legislative history of section. —

See State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976).

Pursuance of administrative claim as prerequisite. —

This section is only applicable after the claimant has pursued an administrative remedy. State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976).

The word “given” serves only to modify the word “services.” State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976).

It is apparent that if “given” modified “money,” “labor,” “materials” and “supplies,” each term would have a double modifier and the statute would be subject to construction not contemplated by the legislature. State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976).

Definition of “promptly.” —

For the purposes of the filing of contract claims, “promptly” is not defined in calendar terms. State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976).

If the legislature had intended to define “promptly” for other claims (including contract claims) and had a period of time in mind, it can be assumed that a reasonable legislature would have so legislated. In the absence of those intentions, no definite time limit should delimit “promptly” as applied to contract claims under subsection (a). State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976).

The legislature chose to define “promptly” only for medical claims. State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976).

Consistent construction of AS 09.50.250 . —

It is best to construe the term “quasi-contract” in AS 09.50.250 in a non-technical way so that it is consistent with the “contract or ratification” language used in this section. Alaska Court Sys. Admin. Office of Courts v. Law Offices of Coleman & Iacopelli, 716 P.2d 1 (Alaska 1986).

“Ratification” refers to the acceptance of services. Alaska Court Sys. Admin. Office of Courts v. Law Offices of Coleman & Iacopelli, 716 P.2d 1 (Alaska 1986).

Applicability of procedures. —

The procedures set forth in this section apply to legislative as well as executive branch disputes. Alaska Court Sys. Admin. Office of Courts v. Law Offices of Coleman & Iacopelli, 716 P.2d 1 (Alaska 1986).

Breach of good faith covenant not tort. —

As a matter of law, a covenant of good faith and fair dealing is an implied component of any contract. Breach of this covenant in an ordinary commercial contract does not constitute a tort. Creating a broader tort remedy would disrupt the certainty of commercial transactions to allow parties to escape contractual allocation of losses. State, Dep't of Nat. Res. v. Transamerica Premier Ins. Co., 856 P.2d 766 (Alaska 1993).

“Bad faith” by state not found. —

The belief of the state that a suit in superior court would be costly to the contractor does not prove a premeditated scheme to reject all of the contractor’s cost claims in “bad faith”. Similarly, the fact that the contractor had to break down his claim item by item does not indicate bad faith, because the use of the “total cost” method in calculating claims is not allowed. State, Dep't of Nat. Res. v. Transamerica Premier Ins. Co., 856 P.2d 766 (Alaska 1993).

Corporation’s claim for damages against state for breach of contract was based on contract. —

Where, in its complaint, a corporation sought recovery against the state for money expended for labor, materials, administrative expenses, design and lost profits due to breach of contract, it sought “reimbursement for money expended . . . for the state . . .” as contemplated by this section. State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976).

Project owner not liable as design professional. —

To expose a project owner to liability as a design professional might negate the ability of contracting parties to allocate and bargain for risk of loss in commercial transaction. Therefore, even if the owner negligently provides defective plans and specifications, which cause economic loss to the contractor in the course of performance, the contractor’s action for the owner’s breach is in contract, not tort. Also a project owner does not assume the duties of a design professional through its review of the project plans and specifications or its assignment of an on-site inspector. State, Dep't of Nat. Res. v. Transamerica Premier Ins. Co., 856 P.2d 766 (Alaska 1993).

Collateral references. —

72 Am. Jur. 2d, States, Territories and Dependencies, §§ 77, 96-129.

81A C.J.S., States, §§ 467 to 528, 533 to 556.

Unemployment compensation, declaratory relief with respect to, as suit against state. 14 ALR2d 835.

Right of one governmental subdivision to sue another such subdivision for damages. 11 ALR5th 630.

Sovereign immunity of state as applicable to suit by United States — Supreme Court cases. 93 L. Ed. 2d 1095.

Sec. 44.77.015. Claims for medical services.

For the purposes of filing claims for medical services provided under AS 47.07 or AS 47.25.120 — 47.25.300 , “promptly,” in AS 44.77.010(a) , means within 12 months after the date of service or as provided in (b) of this section. Except as provided in (c) of this section, a claim may not be paid if it is not filed promptly; an inference to the contrary may not be drawn from AS 09.10.053 , AS 09.50.250 — 09.50.300 , or AS 37.25.010 .
In accordance with (a) of this section, a claim may be considered to be filed promptly if (1) the claim was filed more than 12 months after the date of service because the medical provider had reason to believe that the beneficiary was ineligible for service under AS 47.07 or AS 47.25.120 — 47.25.300 ; (2) a court of competent jurisdiction or an administrative hearing officer finds that the beneficiary was eligible for service under AS 47.07 or AS 47.25.120 — 47.25.300 on the date of service; and (3) the claim is filed within 12 months after the date that the court or administrative finding is rendered. The beneficiary is responsible for notifying the medical provider of the judicial or administrative finding. The department shall make a good faith effort to notify the medical provider of the judicial or administrative finding if the department has reason to believe that services have been provided to the beneficiary.
The commissioner of health and social services may authorize payment to a medical provider of a claim not promptly filed, upon good cause shown.
In this section,
1. “beneficiary” means a person who is found to be eligible to receive medical services under AS 47.07 or AS 47.25.120 — 47.25.300 ;
2. “medical provider” means a person, firm, corporation, association, or institution that, on the date of service, was approved to provide medical assistance, in accordance with regulations adopted by the Department of Health and Social Services.

History. (§ 1 ch 105 SLA 1986; am § 37 ch 26 SLA 1997; am §§ 3 — 5 ch 85 SLA 2000)

Administrative Code. —

For administrative provisions, see 7 AAC 43, art. 1.

Sec. 44.77.020. Disallowance by officer.

If the administrative or executive officer disallows all or part of the claim, the claimant may obtain a review of the officer’s action by applying within 60 days to the Department of Administration, at Juneau, orally or in writing.
When the application is made, the officer who disallowed the claim shall transmit the claim and all papers and memoranda relating to the claim to the Department of Administration.
When it receives the claim, papers, and memoranda, the department shall reexamine the merits of the claim.
The department may adopt procedure consistent with law, and shall make its decision affirming, modifying, or reversing the action of the officer. The decision may be oral or written if made in the presence of the claimant; otherwise it must be written.

History. (§ 15-1-1 ACLA 1949; am § 43 ch 133 SLA 1951; am §§ 1, 2 ch 24 SLA 1953)

Administrative Code. —

For claims, see 2 AAC 25.

Notes to Decisions

Six-year statute of limitations. —

If a party’s arguments against a state agency were in contract, then he should raise them in an administrative hearing, not in an original action before the superior court. Such an action must be filed within the six-year statute of limitations provided by AS 09.10.050 . State, Dep't of Nat. Res. v. Transamerica Premier Ins. Co., 856 P.2d 766 (Alaska 1993).

Judge may remand claims to administrative forum. —

In an action against the state by the surety for a contractor for tort damages in which the court granted summary judgment to the state, the court did not err in ruling that the surety could pursue its contract claim for consequential damages in an administrative hearing. State, Dep't of Nat. Res. v. Transamerica Premier Ins. Co., 856 P.2d 766 (Alaska 1993).

Cited in

Alaska Court Sys. Admin. Office of Courts v. Law Offices of Coleman & Iacopelli, 716 P.2d 1 (Alaska 1986).

Sec. 44.77.030. Disallowance by department.

If the Department of Administration disallows a claim or demand against the state, the Department of Administration shall give the claimant and the officer who approved the voucher a written notice setting out its reasons for the disallowance.
If the claim or demand is disallowed because the claimant or officer did not submit vouchers in proper form or did not comply with regulations of the Department of Administration for the presentation of claims or demands against the state, the claim or demand may be resubmitted in the proper form.
If the claim or demand is disallowed on its merits, the claimant or the officer who approved the voucher may give written notice of appeal to the Department of Administration from its original decision to disallow. This notice of appeal must be given to the department within 60 days after the claimant or officer receives a written notice of disallowance. Notice of the claimant or the officer to have the decision of the disbursing officer reviewed by the department is sufficient if it shows a desire to have the Department of Administration review its original decision to disallow and may be signed by the claimant, an agent of the claimant, or the officer who approved the voucher.

History. (§ 15-1-3 ACLA 1949; am § 25 ch 133 SLA 1951; am §§ 1, 2 ch 24 SLA 1953)

Sec. 44.77.040. Hearing and judgment on appeal to department.

The Department of Administration, after consulting with the office of administrative hearings (AS 44.64.010 ), shall fix a time for hearing the appeal and shall notify the claimant and the officer who approved the voucher and give them a reasonable opportunity to be heard. The hearing shall be conducted by the office of administrative hearings.
The department, after the hearing, may affirm, reverse, or modify its original decision. Upon acceptance by the claimant of the decision of the department or if the claimant does not obtain judicial review as set out in (c) of this section, the department shall make a disbursement from the proper appropriation for the sum the department finds due the claimant.
If the claimant does not accept the decision of the Department of Administration, the claimant may obtain judicial review of the decision in accordance with AS 44.62.560 — 44.62.570 . A claimant may also bring an action under AS 09.50.250 — 09.50.300 at any time after one year has elapsed since the presentation of the claim under AS 44.77.010 , if no decision has been made by the department.

History. (§ 15-1-4 ACLA 1949; am § 27 ch 133 SLA 1951; am §§ 1, 2 ch 24 SLA 1953; am § 3 ch 30 SLA 1965; am §§ 1, 2 ch 100 SLA 1986; am § 83 ch 163 SLA 2004; am § 26 ch 175 SLA 2004)

Administrative Code. —

For claims, see 2 AAC 25.

Notes to Decisions

Exhaustion requirement. —

It would be inefficient to annul trial results and send defendant to administrative level. Although defendant would have been required to develop the facts of the claim during the administrative proceeding, the superior court would have had the discretion to order a trial de novo under Alaska App. R. 609. The exhaustion requirement is therefor waived. State v. Dupere, 709 P.2d 493 (Alaska 1985).

Quoted in

Alaska Court Sys. Admin. Office of Courts v. Law Offices of Coleman & Iacopelli, 716 P.2d 1 (Alaska 1986).

Sec. 44.77.050. Witnesses and procedures.

The Department of Administration may hear witnesses on a question of fact involved in an appeal and may authorize the deposition of an absent witness to be taken. The department may adopt regulations governing proceedings on appeal, and may administer oaths to witnesses appearing before it. False testimony before the department is perjury.

History. (§ 15-1-5 ACLA 1949)

Administrative Code. —

For claims, see 2 AAC 25.

Sec. 44.77.060. Request for attorney general’s opinion.

If a question of law is involved in a case before the Department of Administration, it may request a written opinion from the attorney general.

History. (§ 15-1-6 ACLA 1949)

Administrative Code. —

For claims, see 2 AAC 25.

Sec. 44.77.070. Applicability of AS 44.77.010 — 44.77.060.

AS 44.77.010 — 44.77.060 do not apply to a department in the executive branch or to the legislative or judicial branches if that department or branch has adopted a mandatory claims and appeal procedure.

History. (§ 4 ch 30 SLA 1965; am § 3 ch 100 SLA 1986)

Notes to Decisions

Applicability of claims procedure to legislative branch. —

This chapter applies to actions for breach of contract against the Alaska Legislature, but the exhaustion of remedies requirement was waived with regard to a plaintiff who sought compensation for performing legislative consultation because this chapter had not previously been construed to apply to non-executive branch claims; the plaintiff’s one-year delay in filing the action was not unreasonable given his assumption that the six-year statute of limitations for contract actions was applicable; and the claimant had not ignored the administrative process entirely, but had requested payment from the Legislative Council and had sought reconsideration when that claim was denied. State v. Dupere, 709 P.2d 493 (Alaska 1985).

Separation of powers considerations. —

There is no separation of powers problem in making review of a claim against the legislature by the executive Department of Administration a prerequisite to judicial review; no separation of powers problem is raised by the application of the claims procedure outlined in AS 44.77 and AS 09.50.250 — .300 to the legislative branch. State v. Dupere, 709 P.2d 493 (Alaska 1985).

Chapter 80. Liability of the State.

Sec. 44.80.010. State as a party to actions.

If a statute or regulation designates a state department, agency, board, commission, or public officer as a necessary or proper party to prosecute or defend an action in a court of the state,

the state is also a proper party to the action;
it is not necessary to name a department, agency, board, commission, or public officer as an additional party to the action; and
the Department of Law may bring, prosecute, or defend the action in any court in the name of the state.

History. (§ 1 ch 68 SLA 1961)

Cross references. —

For actionable claims against the state, see AS 09.50.250 — 09.50.300 ; for administrative presentation of claims against the state, see AS 44.77.

Notes to Decisions

Stated in

McDaniel v. Cory, 631 P.2d 82 (Alaska 1981).

Collateral references. —

72 Am. Jur. 2d, States, Territories and Dependencies, §§ 96-129.

81A C.J.S., States, §§ 529-580.

Secs. 44.80.020 — 44.80.050. Federal Construction of Flood Control Projects. [Repealed, § 1 ch 77 SLA 1980.]

Sec. 44.80.070. Liability of state under special use permits.

When the state, or a department or agency of the state that has control over a highway or vehicular way or area, permits a portion of the highway or vehicular way or area, as defined under AS 28.90.990 , to be used for a special purpose, the state is not subject to legal action or recovery of damages for injury arising out of, or in any manner connected with the special purpose use.

History. (§ 1 ch 65 SLA 1965; am § 19 ch 241 SLA 1976; am § 24 ch 144 SLA 1977)

Revisor’s notes. —

In 2006, “AS 28.90.990 ” was substituted for “AS 28.40.100 ” to reflect the 2006 renumbering of AS 28.40.100 .

Cross references. —

For permits for special racing events on highways, see AS 05.90.001 .

Chapter 81. Commercial Fishing and Agriculture Bank.

Sec. 44.81.010. Alaska Commercial Fishing and Agriculture Bank.

There is established the Alaska Commercial Fishing and Agriculture Bank. The exercise by the bank of the powers conferred by this chapter is considered to be for a public purpose. In the exercise of its powers under AS 44.81.215 (11), the bank is acting as an agent under the express authority and reservations of the state as the issuer of limited entry permits under AS 16.43. The bank is exempt from the provisions of AS 06.05 (Alaska Banking Code) and AS 10.15 (Alaska Cooperative Corporation Act) in its structure and operations and in the exercise of powers granted by this chapter, and the bank is exempt from AS 45.45.010 — 45.45.090 when lending money under this chapter.
For the purpose of acquiring and accumulating capital of the bank, the board may issue nonvoting, preferred shares of stock in the bank and determine the value of each share. The state, through the Department of Revenue, may purchase the nonvoting, preferred shares issued by the bank. Shares purchased by the state shall be repurchased by the bank within 20 years after their purchase. If the bank fails to repurchase the shares within 20 years after their purchase by the state, the commissioner of commerce, community, and economic development may appoint a receiver to direct, manage, and operate the bank until the shares have been repurchased. Upon voluntary or involuntary liquidation of the bank, and upon repayment of all legal debts and obligations of the bank, all shares of nonvoting, preferred stock owned by the state have priority for redemption over all other forms and amounts of ownership of the bank.
[Repealed, § 43 ch 85 SLA 1988.]

History. (§ 3 ch 159 SLA 1978; am § 1 ch 53 SLA 1979; am § 12 ch 122 SLA 1980; am § 1 ch 109 SLA 1981; am § 65 ch 21 SLA 1985; am § 1 ch 49 SLA 1987; am § 43 ch 85 SLA 1988; am §§ 8, 9, 27 ch 34 SLA 1996; am § 1 ch 102 SLA 2000; am § 1 ch 105 SLA 2002)

Revisor’s notes. —

Formerly AS 44.54.010. Renumbered in 1980.

In 1999, in (b) of this section, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in (b) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Editor’s notes. —

Section 28, ch. 34, SLA 1996 provides that the 1996 amendments made by that chapter to this section do not affect “a contract, cause of action, liability, penalty, or proceeding existing, incurred, or accrued on August 20, 1996,” and do not affect “an action of the Alaska Commercial Fishing and Agriculture Bank taken before August 20, 1996.”

Notes to Decisions

Status for maritime foreclosure proceedings. —

The Alaska Commercial Fishing and Agriculture Bank is not a state agency for purposes of maritime lien foreclosure proceedings. Alaska Commercial Fishing & Agric. Bank v. O/S Alaska Coast, 715 P.2d 707 (Alaska 1986).

Sec. 44.81.020. Board of directors.

The bank shall be governed by a board of directors consisting of seven to nine natural persons. The number is determined by the bank’s bylaws. Two board members shall be appointed by the governor of the state. The other board members shall be elected by the members of the bank as provided in the bank’s bylaws, except that at least one of the elected board members must be a resident farmer. The board members appointed under this section must be residents of the state and meet the requirements of AS 39.05.100 .
The members of the board shall serve for terms of three years and may serve successive terms. Terms must be staggered. A member of the board who releases confidential information in violation of AS 44.81.260 , commits serious ethical misconduct that relates to the member’s fitness to serve as a member of the board, or maintains a chronic substandard borrowing relationship with the bank shall be removed from the board.
A majority of the members of the board constitutes a quorum for the transaction of business and the exercise of the powers and duties of the board.
A member of the board may not vote on a transaction of the bank under this chapter if the member is a party to the transaction.
The members of the board shall annually elect from among themselves a chair and vice-chair and other board officers as may be provided in the bank’s bylaws.
[Repealed, § 10 ch 112 SLA 2014.]

History. (§ 3 ch 159 SLA 1978; am § 2 ch 53 SLA 1979; am § 3 ch 51 SLA 1980; am § 2 ch 49 SLA 1987; am § 10 ch 34 SLA 1996; am §§ 1, 10 ch 112 SLA 2014)

Revisor’s notes. —

Formerly AS 44.54.020. Renumbered in 1980.

Effect of amendments. —

The 2014 amendment, effective August 5, 2014, in (a), added the last sentence; repealed (f).

Sec. 44.81.030. Articles of incorporation. [Repealed, § 66 ch 21 SLA 1985.]

Sec. 44.81.031. Officers and employees.

The board shall employ a president. The president may not be a member of the board and serves at the pleasure of the board. The president is the chief executive officer of the bank.
The board shall appoint those officers of the bank that are provided for in the bank’s bylaws and as the board determines to be necessary for the effective operations of the bank. An executive, operating, administrative, or other salaried officer of the bank may not be a member of the board.
The president may hire employees of the bank as may be determined necessary for the efficient performance of the functions of the bank. The board shall approve the compensation of the employees. Employees of the bank are not employees of the state and are not considered to be employees of a public organization for the purposes of AS 39.35.

History. (§ 11 ch 34 SLA 1996)

Sec. 44.81.040. Bylaws. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.041. Structure and membership of the bank.

The bank shall be structured and operated as a cooperative corporation.
The board shall issue shares of membership stock in the bank in the amounts and with the value determined by the board and stated in the articles of incorporation. The membership stock may be issued under this chapter and under the bylaws of the bank to persons determined to be eligible to transact business with the bank.
The board may establish one or more mechanisms by which persons or entities, or classes of persons or entities, who transact business with the bank are required to provide or establish capital ownership in the bank. The mechanisms may include the issuance of capital stock or other equity instruments or the allocation or retention of net proceeds from the operations of the bank. The mechanisms shall be established and imposed in a manner that the board determines equitably reflects the nature and amount of business transacted with the bank.

History. (§ 12 ch 34 SLA 1996)

Sec. 44.81.050. Membership meetings. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.051. Bylaws.

The board may adopt bylaws for the bank for the regulation and management of the affairs of the bank, and may alter, amend, or repeal them. The bylaws shall be consistent with this chapter and other laws that apply to the bank.

History. (§ 13 ch 34 SLA 1996)

Sec. 44.81.060. Membership stock. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.061. Indemnification of directors, officers, and employees.

The bank may indemnify directors, officers, and employees, or may purchase and maintain insurance on behalf of directors, officers, and employees. The indemnification and the insurance purchase and maintenance shall comply with AS 10.06.490 .

History. (§ 14 ch 34 SLA 1996)

Sec. 44.81.070. President; officers and employees. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.080. Exempt status. [Repealed, § 10 ch 109 SLA 1981.]

Secs. 44.81.090, 44.81.100. Term of office and removal; quorum. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.101. Pledge of the state.

The state pledges to and agrees with any lender to the bank that the state will not limit or alter the rights and powers given to the bank by this chapter to fulfill the terms of a contract made by the bank with the lender to the bank, or in any way impair the rights and remedies of the lender to the bank. The bank is authorized to include this pledge and agreement of the state in a contract with any lender to the bank.
The pledge of the state is limited to the express provisions of (a) of this section and is not a guarantee, surety, promise, undertaking, or assurance of repayment or performance of any obligation of the bank.

History. (§ 15 ch 34 SLA 1996)

Editor’s notes. —

Section 28, ch. 34, SLA 1996 provides that the 1996 amendments made by that chapter that added this section do not affect “a contract, cause of action, liability, penalty, or proceeding existing, incurred, or accrued on August 20, 1996,” and do not affect “an action of the Alaska Commercial Fishing and Agriculture Bank taken before August 20, 1996.”

Notes to Decisions

Cited in

Alaska Commercial Fishing & Agric. Bank v. O/S Alaska Coast, 715 P.2d 707 (Alaska 1986) (decided under former AS 44.81.160 ).

Sec. 44.81.110. Compensation of board members. [Repealed, § 27 ch 34 SLA 1996.]

Secs. 44.81.120 — 44.81.150. Bonds of the bank; trust indentures and trust agreements; validity of pledges; nonliability on bonds. [Repealed, § 10 ch 109 SLA 1981.]

Sec. 44.81.160. Pledge of the state. [Repealed, § 27 ch 34 SLA 1996.]

Secs. 44.81.170 — 44.81.180. Exemption from taxation; bonds legal investments for fiduciaries. [Repealed, § 10 ch 109 SLA 1981.]

Sec. 44.81.190. Conflicts of interest. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.200. Reports and publications.

The board shall publish an annual report to the bank’s members. The report shall be made available to the governor, the legislature, and the public. The report must include financial statements audited by independent outside auditors, a discussion of the bank’s circumstances and operations during the period covered by the report, and any other information that the board believes would be of interest to the governor, the legislature, and the public, or that the legislature requests the board to include. The board may publish other reports considered appropriate to its purposes.

History. (§ 3 ch 159 SLA 1978; am § 5 ch 109 SLA 1981; am § 16 ch 34 SLA 1996)

Revisor’s notes. —

Formerly AS 44.54.200. Renumbered in 1980.

Notes to Decisions

Cited in

Alaska Commercial Fishing & Agric. Bank v. O/S Alaska Coast, 715 P.2d 707 (Alaska 1986).

Sec. 44.81.210. General powers of the bank.

The bank may

adopt, alter, and use a corporate seal;
sue and be sued in the name of the bank;
appoint officers, employees, trustees for certificate holders, and agents, and establish their powers and duties;
provide technical services to members of the bank; in this paragraph, “technical services” includes services that will enhance the ability of a member to obtain financial assistance from the bank;
participate with state departments and agencies in formulating policy and in planning for the development of commercial fishing and agriculture in the state;
engage in programs to support the efforts of resident fishers or farmers in order to enhance the further development, efficiency, stability, or profitability of commercial fishing or agriculture in the state;
make contracts and execute instruments necessary to or convenient for the exercise of its corporate powers;
issue bonds to carry out its corporate purposes and powers;
borrow money and issue secured and unsecured evidence of indebtedness for a corporate purpose or to fund, refund, pay, or discharge outstanding obligations, and enter into agreements and contracts relating to these obligations;
secure the payment of its obligations by pledge, mortgage, or other lien on its contracts, revenue, income, or property;
incur secondary liability by guaranty or endorsement of the obligations of a person, except for natural persons, when, in the judgment of the board, the action furthers the bank’s corporate purposes;
acquire real or personal property by purchase, lease, bequest, devise, gift, the satisfaction of debts, or the foreclosure of mortgages, and hold, maintain, use, operate, and convey real or personal property;
sell, lease as lessor or lessee, exchange, donate, convey, or encumber in any manner by mortgage or by creation of another security interest, real or personal property owned by it, or in which it has an interest, when, in the judgment of the board, the action furthers its corporate purposes;
establish wholly-owned or majority-owned subsidiary corporations or limited liability companies to acquire, hold, operate, maintain, or liquidate property received by the bank in a foreclosure action or other loan collection process or to provide services to resident fishers or farmers, or other persons, if the services are consistent with the corporate purposes and powers expressed in this chapter;
acquire equity or other ownership interest in a domestic corporation or limited liability company if the purpose of the acquisition is to enhance the further development, efficiency, stability, or profitability of commercial fishing or agriculture in the state;
enter into agreements with public or private lenders or other entities, or with state agencies or agencies of the federal government, to carry out the purposes of this chapter;
do what is necessary or desirable to carry out the corporate purposes and powers expressed or implied in this chapter.

History. (§ 3 ch 159 SLA 1978; am § 4 ch 53 SLA 1979; am §§ 7 — 10 ch 51 SLA 1980; am § 6 ch 109 SLA 1981; am § 52 ch 113 SLA 1982; am § 17 ch 67 SLA 1983; am § 20 ch 79 SLA 1985; am §§ 4, 5 ch 49 SLA 1987; am § 2 ch 52 SLA 1987; am § 2 ch 70 SLA 1989; am § 17 ch 34 SLA 1996)

Revisor’s notes. —

Formerly AS 44.54.210. Renumbered in 1980.

Editor’s notes. —

Notes to Decisions

Cited in

Alaska Commercial Fishing & Agric. Bank v. O/S Alaska Coast, 715 P.2d 707 (Alaska 1986).

Sec. 44.81.215. Lending powers of the bank.

The bank may
1. make loans to individuals, including married couples, who are residents of the state and who are engaged in commercial agriculture or fishing, including harvesters, processors, suppliers, and marketers, if at least one of the primary obligors on the loan is a member of the bank;
2. make loans to corporations, partnerships, or limited liability companies engaged in commercial agriculture or fishing if the majority interest of the corporation, partnership, or limited liability company is beneficially owned by residents of the state and a majority of the owners are residents of the state, and if at least one of the primary obligors on a loan is a member of the bank; however, the bank may not make a loan under this paragraph to a corporation, partnership, or limited liability company for the purchase of a new or existing fishing boat or for the repair or renovation of an existing fishing boat if the primary purpose of the fishing boat is to commercially harvest fishery resources, unless the corporation, partnership, or limited liability company is wholly owned and controlled by residents of the state, and unless at least one of the primary obligors on the loan is a member of the bank;
3. make loans for limited entry permits to individuals who fish commercially if the individual is a state resident; loans made under this paragraph are subject to AS 44.81.231 ;
4. make loans to individuals, including married couples, who are residents of the state and who will use the loan proceeds to commercially engage in tourism within the state if at least one of the primary obligors on the loan is a member of the bank;
5. make loans to corporations, partnerships, or limited liability companies that will use the loan proceeds to commercially engage in tourism within the state if the majority interest of the corporation, partnership, or limited liability company is beneficially owned by residents of the state and a majority of the owners are residents of the state, and if at least one of the primary obligors on the loan is a member of the bank;
6. make loans to individuals, including married couples, who are residents of the state and who will use the loan proceeds to commercially engage in the development or exploitation of natural resources within the state if at least one of the primary obligors on the loan is a member of the bank;
7. make loans to corporations, partnerships, or limited liability companies that will use the loan proceeds to commercially engage in the development or exploitation of natural resources within the state if the majority interest of the corporation, partnership, or limited liability company is beneficially owned by residents of the state and a majority of the owners are residents of the state, and if at least one of the primary obligors on the loan is a member of the bank;
8. make a loan for capital investment or operating capital to a shore-based fish processor, a timber processor, or an agricultural processor or harvester who does not meet the residency or resident ownership requirements of (1) or (2) of this section but meets the other requirements of (1) or (2) of this section, if a facility of the processor or harvester is located in the state and the majority interest in the processor or harvester is beneficially owned by residents of the United States;
9. make a loan to a person, regardless of residency, if the board determines that the loan is necessary to preserve the value of property held by the bank as security for a loan that was made under AS 44.81.210 or this section and that is in default;
10. make loans, as provided in (1), (2), (4) — (8), or (15) — (18) of this section, that are secured by liens subordinate to valid first liens and security agreements granted to another creditor;
11. accept the pledge of a limited entry permit as security for a loan made under this chapter subject to the conditions set out in AS 44.81.236 on pledges of limited entry permits;
12. make loans in participation with other lenders as provided in (1), (2), (4) — (8), or (15) — (18) of this section, whether or not an obligor is a member of the bank;
13. purchase or acquire participations in loans from other lenders if the participations conform to the provisions of (1), (2), (4) — (8), or (15) — (18) of this section, whether or not an obligor is a member of the bank;
14. issue certificates of loan participation to members and to other individuals, corporations, partnerships, and limited liability companies, but the bank may not issue a certificate of loan participation if the certificate would allow participation by the member, individual, corporation, partnership, or limited liability company in loans that individually or cumulatively involve more than 20 percent of the commercial fishery entry permits issued for one type of gear in a specific fishery resource administrative area;
15. make a loan for a tourism-related operation to individuals, including married couples, who are not residents of the state, if
  1. the individuals will use the loan proceeds to commercially engage in the operation in the state;
  2. a facility of the operation is located in the state; and
  3. at least one of the primary obligors on the loan is a member of the bank;
16. make a loan to a corporation, partnership, or limited liability company for a tourism-related operation when a majority of the owners of the corporation, partnership, or limited liability company are not residents of the state, if
  1. the corporation, partnership, or limited liability company will use the loan proceeds to commercially engage in the operation in the state;
  2. a facility of the operation is located in the state;
  3. at least one of the primary obligors on the loan is a member of the bank; and
  4. the majority interest in the corporation, partnership, or limited liability company is beneficially owned by residents of the United States;
17. make a loan to individuals, including married couples, who are not residents of the state for an operation that is dedicated to the development or exploitation of natural resources, if
  1. the individuals will use the loan proceeds to commercially engage in the operation in the state;
  2. a facility of the operation is located in the state; and
  3. at least one of the primary obligors on the loan is a member of the bank;
18. make a loan to a corporation, partnership, or limited liability company in which a majority of the owners of the corporation, partnership, or limited liability company are not residents of the state, if the loan is for an operation that is dedicated to the development or exploitation of natural resources, and
  1. the corporation, partnership, or limited liability company will use the loan proceeds to commercially engage in the operation in the state;
  2. a facility of the operation is located in the state;
  3. at least one of the primary obligors on the loan is a member of the bank; and
  4. the majority interest in the corporation, partnership, or limited liability company is beneficially owned by residents of the United States.
When the bank is determining whether to make a loan, if a loan applicant intends to use the proposed loan collateral primarily in a salmon fishery, the bank shall consider, as part of its determination, whether the principles of conservation and sustained yield will limit the potential borrower’s ability to repay the loan in a timely manner.
Before making a loan under this section, the board must find that the loan will not result in the displacement of an existing Alaskan-owned business.

History. (§ 18 ch 34 SLA 1996; am § 2 ch 102 SLA 2000; am §§ 2, 3 ch 112 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective August 5, 2014, in (a), in (4), deleted “not to exceed $500,000” following “make loans”; in (5), deleted “not to exceed $1,000,000” following “make loans”; in (6), deleted “not to exceed $500,000” following “make loans”; in (7), deleted “not to exceed $1,000,000” following “make loans”; in (8), inserted “residency or” following “does not meet the”, and inserted “but meets the other requirements of (1) or (2) of this section,” preceding “if a facility of the processor”; in (10), (12), and (13), inserted “, or (15) — (18)” preceding “of this section” and made a related change; added (15) — (18); added (b) and (c).

Editor’s notes. —

Sec. 44.81.220. Transition. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.225. Small loans to nonmembers.

To facilitate the development of commercial fisheries and commercial agriculture in geographic areas in which factors such as geographic considerations, uncertainties of communication, or limited demands do not encourage normal lending activities, the bank may make small loans to qualified borrowers who are not members of the bank.
The provisions of this chapter apply to loans authorized by this section except that
1. the borrower is not required to be a member of the bank at the time the loan is approved; and
2. the principal amount of the portion of the loan made by the bank may not exceed $50,000.
The total amount of money that may be loaned under this section may not exceed 25 percent of the total capital of the bank.
To service loans made under this section, the bank may contract or make other arrangements with a public agency or with a legal entity that the bank determines to be responsible and competent to administer the loan.

History. (§ 2 ch 39 SLA 1991; am §§ 4 — 6 ch 112 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective August 5, 2014, in (a), inserted “and commercial agriculture” following “development of commercial fisheries”; in (b)(2), substituted “$50,000” for “$25,000”; in (c), substituted “exceed 25 percent” for “exceed eight percent”.

Sec. 44.81.230. Loans for purchase of Alaska limited entry permits. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.231. Pledge of permits.

A limited entry permit issued under AS 16.43 may be pledged by the holder as security for a loan authorized under AS 44.81.236 if the certificate for the pledged permit lists the bank as the legal owner of the permit and the pledger as the equitable owner of the permit.
Annual permit cards issued under the pledged permit must be in the name of the equitable owner who shall be responsible for compliance with the laws that govern the permit as if the equitable owner were the holder of the permit.
Co-borrowers or guarantors on a loan secured by one or more pledged permits do not have a right in the pledged permit of the equitable owner, whether by subrogation or other manner.
Upon payment of the loan, the bank shall certify to the Alaska Commercial Fisheries Entry Commission that the loan has been repaid, and the commission shall amend the permit certificate to list the equitable owner as the holder, and the legal interest of the bank shall terminate.
In anticipation of a possible foreclosure under AS 44.81.241 — 44.81.250 , the equitable owner of a permit that is pledged as security for the loan may nominate a person to whom the permit may be transferred if the pledge is foreclosed under AS 44.81.245 .

History. (§ 19 ch 34 SLA 1996)

Revisor’s notes. —

In 2004, in subsection (d), “Alaska” was inserted before “Commercial” to correct a manifest error.

Editor’s notes. —

Notes to Decisions

Cited in

Anderson v. Anderson, 736 P.2d 320 (Alaska 1987) (decided under former AS 44.81.230 ).

Sec. 44.81.235. Limitations on pledge of permits. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.236. Limitations on the pledge of permits.

A loan may not be secured by the pledge of a limited entry permit unless the proceeds of the loan are used for

the purchase of a permit;
the purchase or lease of quota shares, individual fishing quotas, or another license, permit, or other grant of commercial fisheries harvesting entitlements that is issued and regulated under state or federal law;
the purchase, construction, maintenance, repair, or improvement of commercial fishing boats, sites, gear, or equipment;
working capital, including insurance premiums, supplies, food, fuel, bait, boat storage, and boat launching;
the payment of obligations whose status places the permit of a borrower in jeopardy of sale as a result of United States Internal Revenue Service enforcement action;
the purchase of the bank’s stock or other equity instruments and loan costs; or
refinancing of debts incurred for a purpose listed in (1) — (4) or (6) of this section.

History. (§ 20 ch 34 SLA 1996)

Editor’s notes. —

Sec. 44.81.240. Default and foreclosure of certain loans secured by limited entry permits. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.241. Initial notice of default.

If there is a default on a loan secured by a permit pledged under AS 44.81.231 , the bank shall notify the borrowers and guarantors on the loan of the default and of the right to cure the default by sending a notice by certified mail to their last known address or addresses on file with the bank. The notice must include

the date of the notice;
a description of the security given for the loan, including the number assigned by the commission and the name of the equitable owner of each permit pledged to secure the loan;
the date and nature of the default;
the amount of arrearages as of the date of the notice;
the total indebtedness, including interest, penalties, and costs of collection, remaining owing on the loan as of the date of the notice;
the amount of daily interest to accrue from the date of the notice;
a statement that the costs of collection of the loan incurred by the bank after the date of the notice will be added to the total amount of the indebtedness owing on the loan;
a statement that the default may be cured within 60 days from the date of the notice or within an extended time period that is specified in an extension notice provided by the bank within the 60-day period under AS 44.81.249 ;
the place where payment of arrearages or other cure may be made; and
a statement in at least 10 point bold type stating:

“IMPORTANT: UNLESS YOU CURE THE LOAN DEFAULT WITHIN THE TIME SPECIFIED BY THIS NOTICE, THE TOTAL INDEBTEDNESS OWING ON THE LOAN SHALL BE IMMEDIATELY DUE AND PAYABLE TO THE BANK WITHOUT FURTHER NOTICE TO YOU. ALSO, THE BANK SHALL THEN BE ENTITLED TO TAKE ANY LEGAL ACTION AGAINST YOU TO COLLECT THE LOAN, INCLUDING THE INSTITUTION OF LAWSUITS AND THE FORECLOSURE OF THE PLEDGE OF ANY PERMIT PLEDGED TO SECURE THIS LOAN.”

History. (§ 21 ch 34 SLA 1996)

Editor’s notes. —

Sec. 44.81.243. Bank remedies after failure to cure.

If the borrowers and guarantors on a loan secured by a permit pledged under AS 44.81.231 fail to cure a default within the time stated in the notice given under AS 44.81.241 , the total indebtedness owing on the loan immediately becomes due and payable to the bank, and the bank shall be entitled to take any legal action to collect the loan, including the foreclosure under AS 44.81.245 of the permit pledge that secures the loan and the institution of legal action. If the bank forecloses the permit pledge, the bank may proceed in the order the bank selects, whether before, after, or concurrent with other action taken to collect the loan.

History. (§ 21 ch 34 SLA 1996)

Editor’s notes. —

Sec. 44.81.245. Foreclosure.

The bank may foreclose on a permit pledge that secures a loan by sending to the equitable owner of the permit pledged and any other borrowers and guarantors on the loan a notice of foreclosure. The notice shall be sent by certified mail to their last known address or addresses on file with the bank and must include

the date of the notice;
a statement that the total indebtedness owing on the loan became due and payable to the bank because the loan default was not cured within the time specified in the notice of default and right to cure provided under AS 44.81.241 , and that as a result the bank is entitled to take legal action to collect the loan, including the forfeiture of a permit pledge that secures the loan and the institution of legal action;
a description of the permit pledge that is being foreclosed by the notice, including an identification of the permit by the number assigned by the commission and the name of the equitable owner;
the amount of the total indebtedness owing as of the date of the notice;
the amount of daily interest that accrues from the date of the notice;
a statement that the costs of collection of the loan incurred by the bank after the date of the notice will be added to the total amount of the indebtedness due on the loan;
a statement that to avoid forfeiture of all rights of the equitable owner of the permit identified in the notice, the loan must be paid in full within 60 days from the date of the notice or within an extended time period that is specified in an extension notice provided by the bank within the 60-day period under AS 44.81.249 ;
a statement that once a forfeiture of all rights of the equitable owner of a permit described in the notice occurs, the permit may not be redeemed;
a statement of the right of the equitable owner to nominate a person to assume the loan under AS 44.81.250(c) ;
the place where payment in full may be made; and
a notice in at least 10 point bold type stating:

“IMPORTANT: IF THE LOAN IS NOT PAID IN FULL BY THE DATE SPECIFIED, ALL RIGHTS OF THE EQUITABLE OWNER TO THE PERMIT IDENTIFIED IN THIS NOTICE WILL BE FORFEITED WITHOUT FURTHER NOTICE TO YOU. IN THAT EVENT, THERE WILL NOT BE A RIGHT OF REDEMPTION OF THE PERMIT. IN ADDITION, THE BANK MAY NOW TAKE OTHER ACTION TO COLLECT THE LOAN, INCLUDING THE INSTITUTION OF LEGAL ACTION AGAINST YOU AND THE FORECLOSURE OF OTHER PERMIT PLEDGES THAT SECURE THE LOAN.”

History. (§ 21 ch 34 SLA 1996; am § 21 ch 22 SLA 2001)

Editor’s notes. —

Sec. 44.81.247. Termination of permit interest.

If a loan is not paid in full within the time specified by the notice provided for the loan under AS 44.81.245 , the equitable interest in the permit identified in the notice terminates by operation of law without further notice. The commission shall cancel an entry permit card issued to the equitable owner of the permit immediately upon receipt by the commission of a certificate of termination containing a copy of the notices required by AS 44.81.241 and 44.81.245 .
If a limited entry permit that has been pledged as security under AS 44.81.231 is revoked under AS 16.43.970 , the debtor’s interest in the permit is terminated by operation of law without further notice as of the date that the revocation takes effect.

History. (§ 21 ch 34 SLA 1996; am § 10 ch 110 SLA 1998)

Editor’s notes. —

Sec. 44.81.249. Cancellation, extension, and delivery of notices.

The bank may cancel a notice provided under AS 44.81.241 or 44.81.245 by delivering a written notice of cancellation to the persons who were given the cancelled notice. The notice shall be given in the same manner as is required for the cancelled notice.
The bank may extend the 60-day period for curing a default under AS 44.81.243 and the period before a forfeiture occurs under AS 44.81.247 by giving a written notice of extension to the persons who were given the notice. The notice shall be given in the same manner as is required for the giving of the notice being extended.
The bank may give a notice required to be provided in AS 44.81.241 , 44.81.245 , or 44.81.247 by personal delivery instead of by certified mail.

History. (§ 21 ch 34 SLA 1996)

Editor’s notes. —

Sec. 44.81.250. Transfer of entry permits after foreclosure.

Upon foreclosure of a pledge of an entry permit under AS 44.81.241 — 44.81.249 or the termination of a debtor’s interest in an entry permit under AS 44.81.247(b) , the bank shall determine if the permit is subject to a buy-back program under AS 16.43.290 — 16.43.330 and, if it is subject to a buy-back program, shall offer the permit to the commission at a price equal to the outstanding indebtedness on the loan.
If the permit is not subject to a buy-back program, or if the commission fails to buy back the permit within 30 days after the commission receives the offer, the bank shall sell the permit to a person who qualifies as a transferee of an entry permit under AS 16.43 and the regulations adopted by the commission. The bank shall give preference to an offer to purchase a permit made by a state resident if the price offered is equal to or greater than the price offered by a nonresident. If the proceeds of the sale of a permit exceed the amount necessary to pay the indebtedness in full, the bank shall remit the excess to the borrower.
At any time before foreclosure of a pledge of a permit, or within 30 days following foreclosure of a pledge of a permit, the equitable owner or former equitable owner may nominate a person to assume the loan. A person nominated must qualify as a transferee of the permit under AS 16.43 and must qualify to assume the loan under the requirements of the bank. If the person qualifies, the permit shall be transferred to the nominee upon the nominee’s assumption of the loan.
This section does not affect the right of the bank to institute legal actions against the borrowers, guarantors, or other sureties for performance to collect the indebtedness owing on the loan and to take other legal action on the collateral securing the loan.

History. (§ 5 ch 53 SLA 1979; am §§ 15 — 17 ch 51 SLA 1980; am §§ 6 — 8 ch 70 SLA 1989; am § 6 ch 39 SLA 1991; am § 37 ch 30 SLA 1992; am § 22 ch 34 SLA 1996; am § 11 ch 110 SLA 1998)

Revisor’s notes. —

Formerly AS 44.54.250. Renumbered in 1980.

Editor’s notes. —

Sec. 44.81.260. Confidentiality of records.

The records of the bank that are identified with, or identifiable as being derived from the records of, a specific borrower, member of the bank, or applicant for a loan are confidential and may not be disclosed by the bank or by its directors, officers, employees, or agents to a person other than the directors, officers, employees, or agents of the bank, except
1. when required by a federal or state statute;
2. under AS 44.81.270 and 44.81.275 ;
3. under a search warrant issued under federal law or the law of this state;
4. under a subpoena or court order issued in a civil action under federal law or the law of this state;
5. under a subpoena or court order issued in connection with a proceeding before a federal grand jury or grand jury of this state;
6. under a summons or subpoena issued by an agency or a department of the United States or this state, or an officer, employee, or agent of the agency or department;
7. under a request by a financial institution, if the request is solely for the stated written purpose of determining the creditworthiness of a member or borrower as an applicant for credit, and if the information disclosed by the bank pertains only to the payment history of the member or borrower;
8. under a request by a lender that has extended or is considering extending credit to the bank if the credit is or may be secured by the pledge of a loan by the bank;
9. when disclosed to the attorney general of the United States or to a law enforcement agency of this state if the records may be relevant to a report or investigation of a possible violation of federal law or a law of this state.
The records of the bank that are not subject to (a) of this section may be kept confidential by the bank, subject to the exceptions listed in (a)(1) — (5) of this section.
Notwithstanding (a) — (b) of this section, a borrower, a member of the bank, or an applicant for a loan may authorize the bank in writing to disclose records provided to the bank by the borrower, member, or applicant.
Notwithstanding (a) and (b) of this section, the bank may provide a list of the members of the bank who are eligible to serve as a director of the bank to members of the bank who are eligible to vote for directors of the bank.
In this section,
1. “member” includes past and present members;
2. “records” means financial and other records, including information known to have been derived from the records, in any form, including original documents and copies.

History. (§ 8 ch 109 SLA 1981; am § 1 ch 15 SLA 1991; am §§ 7, 8 ch 112 SLA 2014)

Revisor’s notes. —

Subsection (d) was enacted as (e); relettered in 2014, at which time former subsection (d) was relettered as (e).

Effect of amendments. —

The 2014 amendment, effective August 5, 2014, in (a), in (a)(2), added “and 44.81.275”, and made a stylistic change; added (e) [now (d)].

Sec. 44.81.270. Audits and examinations of bank.

The legislative auditor may cause the bank to be audited in the manner and under the conditions established by AS 24.20.271 for audits performed by the legislative audit division. The legislative audit division has free access to all books and papers of the bank that relate to the business of the bank and books and papers kept by a director, officer, or employee relating to or upon which a record of the business of the bank is kept. The legislative audit division may summon witnesses and administer oaths or affirmations in the examination of directors, officers, or employees of the bank or another person in relation to the affairs, transactions, and conditions of the bank, and may require and compel the production of records, books, papers, contracts, or other documents by court order if not voluntarily produced. At the direction of the Legislative Budget and Audit Committee under AS 24.20.271 , the legislative auditor may conduct an audit of the bank.
The legislative auditor and the auditor’s employees may not disclose information acquired by them in the course of an audit of the bank concerning the particulars of the business or affairs of a borrower of the bank or another person, unless the information is required to be disclosed by law or under a court order.
The bank shall be audited annually by independent outside auditors. The legislative auditor may confer with the outside auditors and review the work papers of the audit. The board shall engage the outside auditors, who shall be responsible to the board. The bank shall submit copies of each report of the outside auditors to the legislative auditor within 30 days of the report by the bank.
[Repealed, § 2 ch 27 SLA 2003.]

History. (§ 8 ch 109 SLA 1981; am § 7 ch 49 SLA 1987; am §§ 40, 41 ch 85 SLA 1988; am § 23 ch 34 SLA 1996; am § 2 ch 27 SLA 2003)

Administrative Code. —

For powers of the department, see 3 AAC 1, art. 1.

Editor’s notes. —

Notes to Decisions

Cited in

Alaska Commercial Fishing & Agric. Bank v. O/S Alaska Coast, 715 P.2d 707 (Alaska 1986).

Sec. 44.81.275. Examinations.

At intervals that are not greater than 36 months, an examiner from the department shall perform an examination of the bank. Each interval shall be determined by the commissioner. During the examination, the examiner shall evaluate the quality of the bank’s loan portfolio on a statistical basis and on the appropriateness and effectiveness of the bank’s policies, practices, and management to carry out the bank’s statutory purposes.
The examiner shall prepare a summary report of the examiner’s findings and conclusions. The department shall distribute a copy of the report to the bank and to the legislative auditor, but the records, information, and findings of the department related to the examination are otherwise confidential under AS 06.01.025 .
The commissioner shall assess the bank a fee for the actual expenses necessarily incurred by the department in connection with an examination performed under this section. The fee must include the proportionate part of the salaries and cost of employee benefits of the examiners while conducting the examination and while preparing the summary report required by (b) of this section and the transportation costs and per diem of each examiner while away from the examiner’s duty station. The fee may not exceed the actual cost to the department for the examination. The commissioner shall assess the fee as soon as feasible after the examination has been completed. The bank shall pay the assessment within 30 days after receiving the commissioner’s notice of the assessment.
In this section,
1. “commissioner” means the commissioner of commerce, community, and economic development;
2. “department” means the Department of Commerce, Community, and Economic Development.

History. (§ 9 ch 112 SLA 2014)

Cross references. —

For provision limiting the conduct of examinations under this section, see sec. 11, ch. 112, SLA 2014.

Effective dates. —

Section 12, ch. 112, SLA 2014 makes this section effective August 5, 2014, in accordance with AS 01.10.070(c) .

Sec. 44.81.280. Prohibition on disclosure. [Repealed, § 27 ch 34 SLA 1996.]

Sec. 44.81.300. Unclaimed distributions, redemptions, or payments.

The bank may revoke a distribution of net proceeds by the bank or a redemption of or payment based upon an allocation of proceeds or upon capital stock issued by the bank if the distribution, redemption, or payment remains unclaimed six years after the date authorized for payment, redemption, or retirement. The amount revoked may revert to an unallocated capital account of the bank if, at least six months before the declared date of revocation, the bank has mailed to the last known address of the person shown by the bank’s records to be entitled to the amount a notice that the payment is available to the person; if the address is unknown, the bank shall publish the notice as provided by law for the publication of a summons. A distribution, redemption, or payment subject to this section is not subject to AS 34.45.110 — 34.45.780 .

History. (§ 24 ch 34 SLA 1996)

Editor’s notes. —

Sec. 44.81.350. Definitions.

In this chapter,

“bank” means the Alaska Commercial Fishing and Agriculture Bank;
“commercial agriculture” includes commercially related activity in connection with producing, harvesting, processing, or marketing an agricultural, maricultural, or horticultural commodity, including the breeding, raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, shellfish, and fur-bearing animals and wildlife, and the planting, cultivating, caring for, harvesting, or processing of forest products on a sustained yield basis;
“commission” means the Alaska Commercial Fisheries Entry Commission under AS 16.43.020 ;
“member of the bank” includes
1. a holder of a share of membership stock of the bank; or
2. a patron of the bank with retained patronage earnings, or other form of capital ownership in the bank, of $2,500 or more to the patron’s credit;
“natural resources” includes water, coal or other minerals, oil or gas, and geothermal systems; in this paragraph,
1. “coal” means all forms of coal, including lignite;
2. “gas” includes all natural gas and all hydrocarbons produced at the wellhead that are not oil;
3. “geothermal system” means a stratum, pool, reservoir, or other geologic formation containing geothermal resources;
4. “oil” includes crude petroleum oil and other hydrocarbons regardless of gravity that are produced at the wellhead in liquid form and the liquid hydrocarbons known as distillate or condensate recovered or extracted from gas, other than gas produced in association with oil and commonly known as casinghead gas;
5. “other minerals” means clay, stone, sand, gravel, metalliferous and non-metalliferous ores, and other solid materials or substances of commercial value excavated in solid form from natural deposits on or in the earth; “other minerals” does not include coal or minerals that occur naturally in liquid or gaseous forms;
“permit” means a limited entry permit issued under AS 16.43;
“resident farmer” means a person who is a resident of the state and who is engaged in commercial agriculture in the state;
“resident fisher” means a person who is a resident of the state and who is engaged in commercial fishing in the state;
“supplier” means a person whose main source of income is from providing goods or services that are directly related to commercial fishing or agriculture to individuals, corporations, partnerships, or joint ventures engaged in commercial fishing or agriculture;
“tourism” means the provision or presentation of goods, supplies, equipment, food and food stuffs, accommodations, entertainment, cultural practices and attractions, natural resource access, or transportation for Alaska tourists;
“water” has the meaning given in AS 46.15.260 .

History. (§ 18 ch 51 SLA 1980; am §§ 25, 26 ch 34 SLA 1996; am § 3 ch 102 SLA 2000)

Revisor’s notes. —

Formerly AS 44.54.260. Renumbered in 1980.

Reorganized in 1996 and 2000.

Chapter 82. Alaska Gas Pipeline Financing Authority.

[Repealed, § 13 ch 43 SLA 1994; § 35 ch 126 SLA 1994.]

Chapter 83. Alaska Energy Authority.

Cross references. —

For provision requiring the Alaska Energy Authority, in consultation with the Alaska Gasline Development Corporation, the Alaska Industrial Development Authority, and the Department of Revenue, to develop a plan for developing infrastructure to deliver more affordable energy to areas of the state that are not expected to have direct access to a North Slope natural gas pipeline; in consultation with the Department of Revenue, to develop a plan for the required infrastructure; and to provide the plan and suggested legislation to the legislature before January 1, 2017, see sec. 75, ch. 14, SLA 2014 in the 2014 Temporary and Special Acts.

Administrative Code. —

For Alaska energy authority, see 3 AAC, part 14.

Editor’s notes. —

Section 37, ch. 18, SLA 1993 provides that “[t]he Alaska Energy Authority shall, to the maximum extent feasible, enter into contracts with public utilities and other entities to carry out its duties with respect to the maintenance and operation of power projects owned by the Alaska Energy Authority.”

Notes to Decisions

Authority not subject to suit in diversity action in federal court. —

The Alaska Power Authority cannot be sued in federal court as it cannot be considered a citizen for purposes of the diversity statute, 28 U.S.C. § 1332, and, as a state agency, it enjoys the protections of the eleventh amendment. M-K Engineering Co. v. Alaska Power Authority, 662 F. Supp. 303 (D. Alaska 1986).

Article 1. Creation and Organization.

Sec. 44.83.010. Legislative finding and policy. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.020. Creation of authority.

There is created the Alaska Energy Authority. The authority is a public corporation of the state in the Department of Commerce, Community, and Economic Development but with separate and independent legal existence.

History. (§ 1 ch 278 SLA 1976; am E.O. No. 75 § 2 (1989))

Revisor’s notes. —

Formerly AS 44.56.020. Renumbered in 1980.

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Notes to Decisions

Quoted in

M-K Engineering Co. v. Alaska Power Authority, 662 F. Supp. 303 (D. Alaska 1986).

Sec. 44.83.030. Membership of the authority.

The directors of the Alaska Energy Authority are the members of the Alaska Industrial Development and Export Authority.

History. (§ 1 ch 278 SLA 1976; am § 2 ch 156 SLA 1978; am § 2 ch 118 SLA 1981; am § 25 ch 63 SLA 1983; am § 7 ch 18 SLA 1993)

Revisor’s notes. —

Formerly AS 44.56.030. Renumbered in 1980.

Notes to Decisions

Stated in

M-K Engineering Co. v. Alaska Power Authority, 662 F. Supp. 303 (D. Alaska 1986).

Sec. 44.83.040. Officers; meetings; quorum.

The chair and vice-chair of the Alaska Industrial Development and Export Authority shall serve as officers of the Alaska Energy Authority. The powers of the Alaska Energy Authority are vested in the directors, and four directors of the authority constitute a quorum. Action may be taken and motions and resolutions adopted by the Alaska Energy Authority at a meeting by the affirmative vote of a majority of the directors. The directors of the Alaska Energy Authority serve without compensation, but they shall receive the same travel pay and per diem as provided by law for board members under AS 39.20.180 .
The board may meet and transact business by an electronic medium if
1. public notice of the time and locations where the meeting will be held by an electronic medium has been given in the same manner as if the meeting were held in a single location;
2. participants and members of the public in attendance can hear and have the same right to participate in the meeting as if the meeting were conducted in person; and
3. copies of pertinent reference materials, statutes, regulations, and audio-visual materials are reasonably available to participants and to the public.
A meeting by an electronic medium as provided in this section has the same legal effect as a meeting in person.
A director of the authority may not vote on a resolution of the authority relating to a lease or contract to be entered into by the authority under this chapter if the director is a party to the lease or contract or has a direct ownership or equity interest in a firm, partnership, corporation, or association that is a party to the contract or lease. When abstaining from voting, the director must disclose the reason for the abstention. A director who is a member of an electric cooperative that is organized under or subject to AS 10.25 (Electric and Telephone Cooperative Act) may vote on a resolution relating to a contract or lease to which that cooperative is a party. The director shall disclose the cooperative membership at the time of voting. A resolution of the authority that is approved by a majority of the directors present who are not barred from voting under this subsection is a valid action of the authority for all purposes.

History. (§ 1 ch 278 SLA 1976; am § 3 ch 156 SLA 1978; am § 3 ch 118 SLA 1981; am §§ 1, 2 ch 89 SLA 1983; am § 8 ch 18 SLA 1993; am § 1 ch 6 FSSLA 2011)

Revisor’s notes. —

Formerly AS 44.56.040. Renumbered in 1980.

Effect of amendments. —

The 2011 amendment, effective July 14, 2011, substituted “four directors” for “three directors” in the second sentence in (a).

Sec. 44.83.045. Qualifications, powers, and duties of officers and directors. [Repealed, § 27 ch 18 SLA 1993.]

Sec. 44.83.050. Staff. [Repealed, § 23 ch 156 SLA 1978.]

Article 2. Purpose and Powers.

Sec. 44.83.070. Purpose of the authority.

The purpose of the authority is to promote, develop, and advance the general prosperity and economic welfare of the people of the state by providing a means of financing and operating power projects and facilities that recover and use waste energy and by carrying out the powers and duties assigned to it under AS 42.45.

History. (§ 1 ch 278 SLA 1976; am § 5 ch 156 SLA 1978; am § 1 ch 133 SLA 1982; am § 9 ch 18 SLA 1993; am § 66 ch 58 SLA 1999)

Revisor’s notes. —

Formerly AS 44.56.070. Renumbered in 1980.

Notes to Decisions

Bid invitation. —

Under the rational basis standard, corporation failed to make a persuasive showing of significant legal or factual error in the Alaska Energy Authority’s decision restricting competition in its bidding process by requiring bidders to use a particular operating system that the corporation did not use. The corporation failed to show that the Authority acted unreasonably in interpreting and applying relevant statutes, abused its discretion in applying its own procurement regulations, or lacked a rational basis for preferring the system specified in its bid invitation. Powercorp Alaska, LLC v. State, 171 P.3d 159 (Alaska 2007).

Stated in

M-K Engineering Co. v. Alaska Power Authority, 662 F. Supp. 303 (D. Alaska 1986).

Sec. 44.83.080. Powers of the authority.

In furtherance of its corporate purposes, the authority has the following powers in addition to its other powers:

to sue and be sued;
to have a seal and alter it at pleasure;
to make and alter bylaws for its organization and internal management;
to adopt regulations governing the exercise of its corporate powers;
to improve, equip, operate, and maintain power projects and bulk fuel, waste energy, energy conservation, energy efficiency, and alternative energy facilities and equipment;
to issue bonds to carry out any of its corporate purposes and powers, including the establishment or increase of reserves to secure or to pay the bonds or interest on them, and the payment of all other costs or expenses of the authority incident to and necessary or convenient to carry out its corporate purposes and powers;
to sell, lease as lessor or lessee, exchange, donate, convey, or encumber in any manner by mortgage or by creation of any other security interest, real or personal property owned by it, or in which it has an interest, when, in the judgment of the authority, the action is in furtherance of its corporate purposes;
to accept gifts, grants, or loans from, and enter into contracts or other transactions regarding them, with any person;
to deposit or invest its funds, subject to agreements with bondholders;
to enter into contracts with the United States or any person and, subject to the laws of the United States and subject to concurrence of the legislature, with a foreign country or its agencies, for the construction, financing, operation, and maintenance of all or any part of a power project or bulk fuel, waste energy, energy conservation, energy efficiency, or alternative energy facilities or equipment, either inside or outside the state, and for the sale or transmission of power from a project or any right to the capacity of it or for the security of any bonds of the authority issued or to be issued for the project;
to enter into contracts with any person and with the United States and, subject to the laws of the United States and subject to the concurrence of the legislature, with a foreign country or its agencies for the purchase, sale, exchange, transmission, or use of power from a project, or any right to the capacity of it;
to apply to the appropriate agencies of the state, the United States, and a foreign country and any other proper agency for the permits, licenses, or approvals as may be necessary, to acquire, construct, maintain, and operate power projects in accordance with the licenses or permits, and to obtain, hold, and use the licenses and permits in the same manner as any other person or operating unit;
to enter into contracts or agreements with respect to the exercise of any of its powers, and do all things necessary or convenient to carry out its corporate purposes and exercise the powers granted in this chapter;
to recommend to the legislature
1. the pledge of the credit of the state to guarantee repayment of all or any portion of revenue bonds issued to assist in construction of power projects;
2. an appropriation from the general fund
  1. for debt service on bonds or other project purposes; or
  2. to reduce the amount of debt financing for the project;
to carry out the powers and duties assigned to it under AS 42.45;
to make grants or loans to any person and enter into contracts or other transactions regarding the grants or loans;
to promote energy conservation, energy efficiency, and alternative energy through training and public education;
to acquire a Susitna River power project, whether by construction, purchase, gift, or lease, including the acquisition of property rights and interests by eminent domain under AS 09;
to perform feasibility studies and engineering and design with respect to power projects.

History. (§ 1 ch 278 SLA 1976; am §§ 6 — 11 ch 156 SLA 1978; am §§ 16, 17 ch 83 SLA 1980; am § 5 ch 118 SLA 1981; am § 16 ch 161 SLA 1984; am § 10 ch 18 SLA 1993; am § 67 ch 58 SLA 1999; am § 9 ch 36 SLA 2004; am § 18 ch 83 SLA 2010; am § 2 ch 6 FSSLA 2011)

Revisor’s notes. —

Formerly AS 44.56.080. Renumbered in 1980.

Administrative Code. —

For administrative provisions, see 3 AAC 105, art. 1.

For operation of projects, see 3 AAC 105, art. 2.

For disposition of assets, see 3 AAC 105, art. 3.

For loan from power project fund, see 3 AAC 106, art. 1.

For loans from rural electrification revolving loan fund, see 3 AAC 106, art. 2.

For loans from bulk fuel revolving loan fund, see 3 AAC 106, art. 3.

For power cost equalization program, see 3 AAC 107, art. 1.

For utility improvements grant program, see 3 AAC 107, art. 2.

For electrical service extension fund grants, see 3 AAC 107, art. 3.

For bulk fuel storage facility and power system upgrades, see 3 AAC 108, art. 1.

For circuit rider maintenance and electrical emergencies programs, see 3 AAC 108, art. 2.

For alternative energy and energy efficiency programs, see 3 AAC 108, art. 3.

Effect of amendments. —

The 2010 amendment, effective September 14, 2010, added (17).

The 2011 amendment, effective July 14, 2011, inserted “acquire, construct” near the middle of (12), added (18) and (19), and made a related change.

Legislative history reports. —

For governor’s transmittal letter for ch. 36, SLA 2004 (SB 337) making a series of amendments to this chapter, see 2004 Senate Journal 2179 - 2180.

Opinions of attorney general. —

The authority may reimburse a member only for time spent in an actual meeting or time spent on authorized official business incident to his duties as a member. April 19, 1984 Op. Att’y Gen.

Notes to Decisions

Stated in

M-K Engineering Co. v. Alaska Power Authority, 662 F. Supp. 303 (D. Alaska 1986).

Sec. 44.83.085. Susitna River power project annual report.

The authority shall prepare, not later than the first day of each regular session of the legislature, an annual report summarizing the status of the Susitna River power project and shall notify the legislature that the report is available.

History. (§ 3 ch 6 FSSLA 2011)

Sec. 44.83.090. Power contracts and the Regulatory Commission of Alaska.

The authority shall, in addition to the other methods that it may find advantageous, provide a method by which municipal electric, rural electric, cooperative electric, or private electric utilities and regional electric authorities, or other persons authorized by law to engage in the distribution of electricity may secure a reasonable share of the power generated by a project, or any interest in a project, or for any right to the power and shall sell the power or cause the power to be sold at the lowest reasonable prices that cover the full cost of the electricity or services, including capital and operating costs, debt coverage as considered appropriate by the authority, and other charges that may be authorized by this chapter. Except for a contract or lease entered into under former AS 44.83.380 — 44.83.425 , a contract or lease for the sale, transmission, and distribution of power generated by a project or any right to the capacity of it shall provide:
1. for payment of all operating and maintenance expenses of a project and costs of renewals, replacements, and improvements of it;
2. for interest on and amortization charges sufficient to retire bonds of the authority issued for the project and reserves for them, plus a debt service coverage factor as may be determined by the authority to be necessary for the marketability of its bonds;
3. for monitoring of the project by the authority or its agents;
4. for full and complete disclosure to the authority of all factors of costs in the transmission and distribution of power, so that rates to any persons may be fixed initially in the contract or lease and may be adjusted from time to time on the basis of true cost data;
5. for periodic revisions of the service and rates to persons on the basis of accurate cost data obtained by the accounting methods and systems approved by the directors and in furtherance and effectuation of the policy declared in this chapter;
6. for the cancellation and termination of a contract or lease upon violation of its terms by any person;
7. for security for performance as the authority may consider practicable and advisable, including provisions assuring the continuance of the distribution and transmission of power generated by a project and the use of its facilities for these purposes; and
8. other terms not inconsistent with the provisions and policy of this chapter as the authority may consider advisable.
The authority is not subject to the jurisdiction of the Regulatory Commission of Alaska. Nothing in this chapter grants the authority jurisdiction over the services or rates of a public utility or diminishes or otherwise alters the jurisdiction of the Regulatory Commission of Alaska with respect to a public utility, including any right the commission may have to review and approve or disapprove contracts for the purchase of electricity by a public utility other than wholesale agreements and contracts described in AS 42.05.431(c)(1) .

History. (§ 1 ch 278 SLA 1976; am § 12 ch 156 SLA 1978; am § 6 ch 118 SLA 1981; am § 3 ch 11 SLA 1988; am § 11 ch 18 SLA 1993)

Revisor’s notes. —

Formerly AS 44.56.090. Renumbered in 1980.

In 1999, in subsection (b) “Regulatory Commission of Alaska” was substituted for “Alaska Public Utilities Commission” in accordance with § 30(a), ch. 25, SLA 1999.

Sec. 44.83.092. Authority for municipalities and utilities to enter into power sales contracts.

The authority and any municipality or public or private entity operating an electric utility, or a municipality or private entity and another municipality or private entity, may enter into a contract providing for or relating to the sale of electric power by the authority to the municipality or entity, or by the municipality or entity to another municipality or entity. The contract may provide

that the amounts payable under the contract are operating expenses of the utility and are valid and binding obligations of the municipality or other entity payable from the gross revenues of the utility;
for one or more appropriations of the amounts payable under the contract;
for the municipality or other entity to assume the obligations of another contracting party in the event of a default by that party;
that after completion of a project the municipality or other entity is obligated to make payments notwithstanding a suspension or reduction in the amount of the power supplied by the project; or
that payments under the contract are not subject to reduction by offset or otherwise.

History. (§ 3 ch 89 SLA 1983)

Article 3. Financial Provisions.

Sec. 44.83.100. Bonds of the authority.

The authority may borrow money and may issue bonds, including but not limited to bonds on which the principal and interest are payable (1) exclusively from the income and receipts or other money derived from the project financed with the proceeds of the bonds; (2) exclusively from the income and receipts or other money derived from designated projects whether or not they are financed in whole or in part with the proceeds of the bonds; (3) from its income and receipts or other assets generally, or a designated part or parts of them; or (4) from one or more revenue-producing contracts including a contract providing for the security of the bonds made by the authority with any person. The authority may issue bonds to pay, fund, or refund the principal of, or interest or redemption premiums on, bonds issued by it, whether or not the bonds or interest to be funded or refunded have become due.
Bonds shall be authorized by resolution of the authority, and shall be dated and shall mature as the resolution may provide, except that no bond may mature more than 50 years from the date of its issue. Bonds shall bear interest at the rates, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the places, and be subject to the terms of redemption which the resolution or a subsequent resolution may provide.
All bonds, regardless of form or character, shall be negotiable instruments for all the purposes of AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code).
All bonds may be sold at public or private sale in the manner, for the price or prices, and at the time or times which the authority may determine.

History. (§ 1 ch 278 SLA 1976)

Revisor’s notes. —

Formerly AS 44.56.100. Renumbered in 1980. In 1993, under § 13, ch. 34, SLA 1993 and § 128, ch. 35, SLA 1993 the citation to the Uniform Commercial Code was revised.

In 2000, “AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29” was substituted for “AS 45.01 — AS 45.09, AS 45.12, and AS 45.14” in accordance with § 35, ch. 113, SLA 2000.

Sec. 44.83.105. Bonds for power projects under the energy program for Alaska. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.110. Trust indentures and trust agreements.

In the discretion of the authority, an issue of bonds may be secured by a trust indenture or trust agreement between the authority and a corporate trustee (which may be a trust company, bank, or national banking association, with corporate trust powers, located inside or outside the state) or by a secured loan agreement or other instrument or under a resolution giving powers to a corporate trustee by means of which the authority may
1. make and enter into any and all the covenants and agreements with the trustee or the holders of the bonds that the authority may determine to be necessary or desirable, including, without limitation, covenants, provisions, limitations, and agreements as to
  1. the application, investment, deposit, use, and disposition of the proceeds of bonds of the authority or of money or other property of the authority or in which it has an interest;
  2. the fixing and collection of rentals, charges, fees, or other consideration for, and the other terms to be incorporated in, contracts with respect to a project or to generated power;
  3. the assignment by the authority of its rights in contracts with respect to a project or to generated power or in a mortgage or other security interest created with respect to a project or generated power to a trustee for the benefit of bondholders;
  4. the terms and conditions upon which additional bonds of the authority may be issued;
  5. the vesting in a trustee of rights, powers, duties, funds, or property in trust for the benefit of bondholders, including, without limitation, the right to enforce payment, performance, and all other rights of the authority or of the bondholders, under a lease, power of contract, contract of sale, mortgage, security agreement, or trust agreement with respect to a project by injunction or other proceeding or by taking possession of by agent or otherwise and operating a project and collecting rents or other consideration and applying the same in accordance with the trust agreement;
2. pledge, mortgage, or assign money, leases, agreements, property, or other rights or assets of the authority either presently in hand or to be received in the future, or both; and
3. provide for any other matters of like or different character that in any way affect the security or protection of the bonds.
Notwithstanding any other provisions of this chapter, the trust indenture, trust agreement, secured loan agreement, or other instrument or the resolution constituting a contract with bondholders shall contain a covenant by the authority that it will at all times maintain rates, fees, or charges sufficient to pay, and that a contract entered into by the authority for the sale, transmission, or distribution of power shall contain rates, fees, or charges sufficient to pay the costs of operation and maintenance of the project, the principal of and interest on bonds issued under the trust agreement as the same severally become due and payable, to provide for debt service coverage as considered necessary by the authority for the marketing of its bonds and to provide for renewals, replacements, and improvements of the project, and to maintain reserves required by the terms of the trust agreement. This subsection does not require a covenant that varies from a covenant entered into in accordance with the provisions of former AS 44.83.380 — 44.83.425 .
For the purpose of securing any one or more issues of its bonds, the authority may establish one or more special funds, called “capital reserve funds”, and shall pay into those capital reserve funds the proceeds of the sale of its bonds and any other money that may be made available to the authority for the purposes of those funds from any other source. The funds shall be established only if the authority determines that the establishment would enhance the marketability of the bonds. All money held in a capital reserve fund, except as provided in this section, shall be used as required, solely for (1) the payment of the principal of, and interest on, bonds or of the sinking fund payments with respect to those bonds, (2) the purchase or redemption of bonds, or (3) the payment of a redemption premium required to be paid when those bonds are redeemed before maturity; however, money in a fund may not be withdrawn from it at any time in an amount that would reduce the amount of that fund to less than the capital reserve requirement set out in (2) of this subsection, except for the purpose of making, with respect to those bonds, payment, when due, of principal, interest, redemption premiums, and the sinking fund payments for the payment of which other money of the authority is not available. Income or interest earned by, or increment to, a capital reserve fund, due to the investment of the fund or any other amounts in it, may be transferred by the authority to other funds or accounts of the authority to the extent that the transfer does not reduce the amount of the capital reserve fund below the capital reserve fund requirement.
If the authority decides to issue bonds secured by such a capital reserve fund, the bonds may not be issued if the amount in the capital reserve fund is less than such an amount as may be established by resolution of the authority (called the “capital reserve fund requirement”), unless the authority, at the time of issuance of the obligations, deposits in the capital reserve fund from the proceeds of the obligations to be issued or from other sources, an amount which, together with the amount then in the fund, will not be less than the capital reserve fund requirement.
In computing the amount of a capital reserve fund for the purpose of this section, securities in which all or a portion of the funds are invested shall be valued by some reasonable method established by the authority by resolution. Valuation on a particular date shall include the amount of any interest earned or accrued to that date.
The chairman of the authority shall annually, no later than January 2, make and deliver to the governor and the legislature a certificate stating the sum, if any, required to restore any capital reserve fund to the capital reserve fund requirement. The legislature may appropriate such a sum, and all sums appropriated during the then current fiscal year by the legislature for such restoration shall be deposited by the authority in the proper capital reserve fund. Nothing in this section creates a debt or liability of the state.
When the authority has created and established a capital reserve fund, the commissioner of revenue may lend surplus money in the general fund to the authority for deposit in a capital reserve fund in an amount equal to the capital reserve fund requirement. The loans shall be made on such terms and conditions as may be agreed upon by the commissioner of revenue and the authority, including without limitation terms and conditions providing that the loans need not be repaid until the obligations of the authority secured and to be secured by the capital reserve fund are no longer outstanding.
If the authority decides to covenant to issue or to issue bonds secured by a capital reserve fund, the bonds may not be issued until 10 days after the authority has mailed notification to the state bond committee and the Legislative Budget and Audit Committee by certified mail of its intention to establish a capital reserve fund to secure the bond issue. The notification shall include the amount of the capital reserve fund to be established, the amount of bonds proposed to be issued, and the total cost of the project for which the bonds are to be issued. The notification shall be accompanied by an estimate by the authority of the need to withdraw money from the capital reserve fund during the term of the bond issue, the amount that it may be necessary to withdraw, and the time at which withdrawals are estimated to be needed. The authority shall annually prepare a revised estimate, considering the same factors, and a statement of all withdrawals that have occurred from the date of issuance of the bonds to the end of the calendar year. The revised estimate and statement shall be submitted to the state bond committee and the Legislative Budget and Audit Committee by January 30 of the succeeding year.

History. (§ 1 ch 278 SLA 1976; am §§ 13, 14 ch 156 SLA 1978; am § 2 ch 133 SLA 1982; am § 5 ch 89 SLA 1983; am § 12 ch 18 SLA 1993)

Revisor’s notes. —

Formerly AS 44.56.110. Renumbered in 1980.

Cross references. —

For provisions establishing the state bond committee, see AS 37.15.110 .

Sec. 44.83.120. Validity of pledge.

It is the intention of the legislature that a pledge made in respect of bonds is considered perfected and is valid and binding from the time the pledge is made; that the money or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without physical delivery or further act; and that the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether the parties have notice. Neither the resolution, trust agreement, nor any other instrument by which a pledge is created need be recorded or filed under the provisions of AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code) to be perfected or to be valid, binding, or effective against the parties.

History. (§ 1 ch 278 SLA 1976; am § 6 ch 89 SLA 1983)

Revisor’s notes. —

In 2000, “AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29” was substituted for “AS 45.01 — AS 45.09, AS 45.12, and AS 45.14” in accordance with § 35, ch. 113, SLA 2000.

Sec. 44.83.130. Nonliability on bonds.

Neither the members of the authority nor a person executing the bonds is liable personally on the bonds or is subject to personal liability or accountability by reason of the issuance of the bonds.
The bonds issued by the authority do not constitute an indebtedness or other liability of the state or of a political subdivision of the state, except the authority, but shall be payable solely from the income and receipts or other funds or property of the authority. The authority may not pledge the faith or credit of the state or of a political subdivision of the state, except the authority, to the payment of a bond and the issuance of a bond by the authority does not directly or indirectly or contingently obligate the state or a political subdivision of the state to apply money from, or levy or pledge any form of taxation whatever to the payment of the bond.

History. (§ 1 ch 278 SLA 1976)

Revisor’s notes. —

Formerly AS 44.56.130. Renumbered in 1980.

Sec. 44.83.140. Pledge of the state.

The state pledges to and agrees with the holders of bonds issued under this chapter and with the federal agency which loans or contributes funds in respect to a project, that the state will not limit or alter the rights and powers vested in the authority by this chapter to fulfill the terms of a contract made by the authority with the holders or federal agency, or in any way impair the rights and remedies of the holders until the bonds, together with the interest on them with interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of the holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of the state, insofar as it refers to holders of bonds of the authority, in a contract with the holders, and insofar as it relates to a federal agency, in a contract with the federal agency.

History. (§ 1 ch 278 SLA 1976)

Revisor’s notes. —

Formerly AS 44.56.140. Renumbered in 1980.

Sec. 44.83.150. Tax exemption.

All property of the authority is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes of the state or a political subdivision of the state; however, the authority may make payments in place of taxes in amounts equal to the real and personal property taxes that would be assessed on its real and personal property by each political subdivision in which its property is located to the same extent as if that property were private property and the authority were a non-public corporation. All bonds issued under this chapter are issued by a body corporate and public of this state and for an essential public and governmental purpose and the bonds and the interest and income on and from the bonds and all income of the authority are exempt from taxation except for transfer, inheritance, and estate taxes.

History. (§ 1 ch 278 SLA 1976; am § 15 ch 156 SLA 1978)

Revisor’s notes. —

Formerly AS 44.56.150. Renumbered in 1980.

Sec. 44.83.160. Bonds legal investments for fiduciaries.

The bonds of the authority are securities in which all public officers and bodies of the state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on any insurance business, all banks, bankers, trust companies, savings banks, savings associations, including savings and loan associations and building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. Notwithstanding any other provisions of law, the bonds of the authority are also securities that may be deposited with and may be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized.

History. (§ 1 ch 278 SLA 1976)

Revisor’s notes. —

Formerly AS 44.56.160. Renumbered in 1980.

Secs. 44.83.162 — 44.83.165. Power cost equalization. [Repealed, § 28 ch 18 SLA 1993. For present law, see AS 42.45.100 — 42.45.190.]

Sec. 44.83.170. Power project fund. [Repealed, § 28 ch 18 SLA 1993. For present law, see AS 42.45.010.]

Secs. 44.83.177 — 44.83.185. Reconnaissance and feasibility studies. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.186. Final cost estimate and reauthorization by the legislature. [Repealed, § 27 ch 89 SLA 1983.]

Secs. 44.83.187 — 44.83.189. Applicability of sections; project construction. [Repealed, § 28 ch 18 SLA 1993.]

Secs. 44.83.190 — 44.83.240. [Renumbered as AS 44.83.900 — 44.83.995.]

Secs. 44.83.300 — 44.83.360. Susitna River hydroelectric project. [Repealed, § 28 ch 18 SLA 1993.]

Secs. 44.83.361, 44.83.363. Rural electrification revolving loan fund. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.370. Electrical service extension fund established. [Repealed, § 28 ch 18 SLA 1993.]

Article 4. Power Projects.

Sec. 44.83.380. Program established. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.382. Power development fund established.

A power development fund is established in the Alaska Energy Authority to carry out the purposes of former AS 44.83.380 — 44.83.425 .
The fund includes money appropriated to it by the legislature.

History. (§ 1 ch 118 SLA 1981; am § 27 ch 89 SLA 1983; am § 13 ch 18 SLA 1993)

Revisor’s notes. —

Enacted as AS 44.83.410 . Renumbered in 1981.

In 1989, the revisor of statutes substituted “Alaska Energy Authority” for “Alaska Power Authority” in subsection (a) in accordance with E.O. 75, § 8 (1989).

Sec. 44.83.384. Use of fund balance.

The fund may be used by the authority to provide money for
1. the defeasance of bonds, or the payment of debt service on loans for or on an issue of bonds sold in connection with a power project constructed or acquired before August 11, 1993;
2. the cost of operating and maintaining power projects constructed or acquired before August 11, 1993; and
3. debt service on power projects constructed or acquired before August 11, 1993.
[Repealed § 28 ch 18 SLA 1993.]
[Repealed, § 28 ch 18 SLA 1993.]

History. (§ 1 ch 118 SLA 1981; am § 12 ch 133 SLA 1982; am §§ 14, 15 ch 89 SLA 1983; am §§ 14, 28 ch 18 SLA 1993)

Revisor’s notes. —

Enacted as AS 44.83.420 . Renumbered in 1981.

Sec. 44.83.386. Investment of fund.

The authority shall invest the money in the fund in the manner provided in AS 37.10.070 , 37.10.071 , and 37.10.075 . The authority may withdraw money from the fund only after costs have been incurred or amounts in the fund have been otherwise obligated under contracts for the acquisition and construction of a project.

History. (§ 1 ch 118 SLA 1981; am § 16 ch 89 SLA 1983; am § 31 ch 141 SLA 1988; am § 10 ch 36 SLA 2004)

Revisor’s notes. —

Enacted as AS 44.83.430. Renumbered in 1981.

Legislative history reports. —

For governor’s transmittal letter for ch. 36, SLA 2004 (SB 337) amending this section, see 2004 Senate Journal 2179 - 2180.

Sec. 44.83.388. Allotment to projects.

The authority shall maintain records of power project allocations from the fund for each power project
1. approved in accordance with former AS 44.83.185; and
2. for which an allocation is made from an appropriation made by the legislature without specifying an appropriation to a project.
Income earned from investment of money appropriated to the fund shall be deposited in the general fund and may be appropriated to the fund by the legislature.

History. (§ 1 ch 118 SLA 1981; am § 15 ch 18 SLA 1993)

Revisor’s notes. —

Enacted as AS 44.83.440. Renumbered in 1981.

Secs. 44.83.390, 44.83.392. Reappropriation of fund balance; lapse of excess appropriations. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.394. Revenue requirements. [Repealed, § 27 ch 89 SLA 1983.]

Sec. 44.83.396. Operation of power project.

A power project that was acquired or constructed under AS 44.83.080 (18) or as part of the former energy program for Alaska is owned, and shall be administered, by the authority.
When a power project has been acquired or constructed by the authority, the project may be operated for the authority under a contract or lease entered into by a qualified utility and the authority.
The authority shall enter into a contract or lease under reasonable terms and conditions to permit the applicant utility to operate the power project when the applicant utility is the only wholesale power customer to be served directly by the power project unless the authority determines a utility making application for a contract or lease to operate a power project is not a qualified utility or is not capable of operating that power project efficiently and in a manner that is consistent with national standards for the industry and with agreements with bondholders.
The authority shall adopt regulations to determine the manner of selecting a qualified utility to operate a power project under a contract or lease when there is more than one wholesale power customer to be served directly by the power project.
When the authority permits a power project to be operated by a qualified utility under a contract or lease, the authority shall
1. review and approve the annual budget for the operation and maintenance of the power project; and
2. assure that the project is being operated efficiently and in a manner that is consistent with national standards for the industry and agreements with bondholders.

History. (§ 1 ch 118 SLA 1981; am §§ 17 — 19 ch 89 SLA 1983; am § 16 ch 18 SLA 1993; am § 4 ch 6 FSSLA 2011)

Revisor’s notes. —

Enacted as AS 44.83.480. Renumbered in 1981.

Cross references. —

For authority to sell the four dam pool hydroelectric project, see sec. 15, ch. 60, SLA 2000 in the 2000 Temporary and Special Acts and sec. 4, ch. 100, SLA 2004 in the 2004 Temporary and Special Acts.

Administrative Code. —

For operation of projects, see 3 AAC 105, art. 2.

Effect of amendments. —

The 2011 amendment, effective July 14, 2011, inserted “under AS 44.83.080 (18) or” in (a).

Sec. 44.83.398. Sale of power from power project. [Repealed, § 13 ch 60 SLA 2000.]

Sec. 44.83.400. Energy conservation. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.410. Appropriation for Railbelt energy development. [Repealed, § 317 ch 171 SLA 1984.]

Sec. 44.83.420. Continuing appropriation for Bradley Lake hydroelectric project. [Repealed, § 318 ch 171 SLA 1984.]

Sec. 44.83.425. Definitions.

In AS 44.83.382 — 44.83.425 ,

“debt service” means the amounts covenanted with respect to, or pledged to pay, bonds under a trust agreement securing bonds;
“fund” means the power development fund established by AS 44.83.382 ;
“qualified utility” means an electric utility or an electric operating entity established as an instrumentality of two or more electric utilities certified under AS 42.05 to serve all or part of a market area that is served or will be served by the power project, that the authority determines is capable of operating and maintaining the power project.

History. (§ 1 ch 118 SLA 1981; am § 24 ch 89 SLA 1983; am § 5 ch 80 SLA 1985; am § 61 ch 50 SLA 1989; am § 22 ch 25 SLA 1999; am § 58 ch 56 SLA 2005)

Revisor’s notes. —

Enacted as AS 44.83.510 . Renumbered in 1981. Paragraphs renumbered in 1993 when the repealed paragraphs were deleted.

Article 5. Power Development Revolving Loan Fund.

Sec. 44.83.500. Creation of fund. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.510. Powers and duties of authority in administering the fund.

Repayment of a loan from the former power development revolving loan fund must be made with the proceeds from the sale of power from projects in the former energy program for Alaska.
[Repealed, § 28 ch 18 SLA 1993.]

History. (E.O. No. 75 § 4 (1989); am §§ 19, 28 ch 18 SLA 1993; am § 11 ch 60 SLA 2000)

Sec. 44.83.520. Loan terms. [Repealed, § 28 ch 18 SLA 1993.]

Sec. 44.83.525. Rate reopeners. [Repealed, § 13 ch 60 SLA 2000.]

Sec. 44.83.530. Definitions.

In AS 44.83.500 — 44.83.530 ,

“fund” means the former power development revolving loan fund; and
“power project” means a project acquired or constructed under the former energy program for Alaska, AS 44.83.380 — 44.83.425 .

History. (E.O. No. 75 § 4 (1989); am § 20 ch 18 SLA 1993)

Secs. 44.83.600 — 44.83.650. Bulk fuel revolving loan fund. [Repealed, § 28 ch 18 SLA 1993. For present law, see AS 42.45.250 — 42.45.299.]

Article 6. Miscellaneous and General Provisions.

Sec. 44.83.900. Annual audit.

The authority shall have its financial records audited annually by a certified public accountant. The legislative auditor may prescribe the form and content of the financial records of the authority and shall have access to these records at any time.

History. (§ 1 ch 278 SLA 1976)

Revisor’s notes. —

Formerly AS 44.56.190. Renumbered as AS 44.83.190 in 1980. Renumbered again in 1989.

Sec. 44.83.910. Limitations on issuance of bonds by the authority.

The authority may not issue bonds except after 60 days notification of its intent to issue bonds is given to the governor and to the legislature, if the legislature is in session, or to the Legislative Budget and Audit Committee, if the legislature is not in session.

History. (§ 24 ch 83 SLA 1980)

Revisor’s notes. —

Enacted as AS 44.56.191. Renumbered as AS 44.83.191 in 1980. Renumbered again in 1989.

Sec. 44.83.920. Insurance requirements in construction contracts.

In requesting bids and awarding construction contracts under this chapter the authority may not require a contractor to obtain workers’ compensation, general liability, or other required insurance from a particular insurer, agent, or broker and may not agree to provide insurance to a contractor who is awarded a construction contract.

History. (§ 8 ch 89 SLA 1983)

Revisor’s notes. —

Formerly AS 44.83.192. Renumbered in 1989.

Sec. 44.83.930. Operation of projects.

When a project is operated by the authority, the authority shall enter into one or more contracts for the sale of electrical power, energy, transmission capacity, or service from the project. Unless the contract is entered into under former AS 44.83.380 — 44.83.425 , a contract entered into under this section must meet all requirements of AS 44.83.090 .
[Repealed, § 27 ch 89 SLA 1983.]
[Repealed, § 92 ch 36 SLA 1990.]

History. (§ 24 ch 83 SLA 1980; am §§ 9, 27 ch 89 SLA 1983; am § 83 ch 138 SLA 1986; am § 92 ch 36 SLA 1990; am § 21 ch 18 SLA 1993)

Revisor’s notes. —

Enacted as AS 44.56.195. Renumbered as AS 44.83.195 in 1980. Renumbered again in 1989.

Sec. 44.83.940. Annual report.

Before March 1 of each year, the authority shall submit to the governor a comprehensive report describing operations, income and expenditures for the preceding 12-month period. The authority shall notify the legislature that the report is available.

History. (§ 1 ch 278 SLA 1976; am § 98 ch 21 SLA 1995)

Revisor’s notes. —

Formerly AS 44.56.200. Renumbered as AS 44.83.200 in 1980. Renumbered again in 1989.

Sec. 44.83.950. Appropriations and reports.

Notwithstanding any other provision in this chapter, the authority is subject to the provisions of AS 37.07 (Executive Budget Act).
The authority shall, by the 15th day of each regular legislative session, prepare a report detailing project status, original costs, and projected costs, particularly highlighting any costs in excess of the original cost estimates submitted for each project when that project was originally approved by the legislature. The authority shall notify the legislature that the report is available.

History. (§ 1 ch 278 SLA 1976; am § 19 ch 156 SLA 1978; am § 99 ch 21 SLA 1995)

Revisor’s notes. —

Formerly AS 44.56.210. Renumbered as AS 44.83.210 in 1980. Renumbered again in 1989.

Notes to Decisions

Cited in

M-K Engineering Co. v. Alaska Power Authority, 662 F. Supp. 303 (D. Alaska 1986).

Sec. 44.83.960. Long-term energy plan. [Repealed, § 16 ch 134 SLA 1990.]

Sec. 44.83.970. Public records; open meetings.

The provisions of AS 40.25.110 — 40.25.120 and AS 44.62.310 — 44.62.319 (Open Meetings Act) apply to the authority. The authority shall publish a proposed agenda of its meetings and afford the public an opportunity to be heard in accordance with AS 44.62.312 .

History. (§ 1 ch 278 SLA 1976)

Revisor’s notes. —

Formerly AS 44.56.220. Renumbered as AS 44.83.220 in 1980. Renumbered again in 1989.

In 2000, “AS 40.25.110 — 40.25.120 ” was substituted for “AS 09.25.110 — 09.25.120” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.120.

In 2010, “AS 44.62.310 — 44.62.319 (Open Meetings Act)” was substituted for “AS 44.62.310 — 44.62.312 ” in accordance with § 29(2), ch. 58, SLA 2010.

Sec. 44.83.990. Definitions.

In this chapter, unless the context requires otherwise,

“authority” means the Alaska Energy Authority established by this chapter;
“bonds” means bonds, notes, or other obligations of the authority issued under this chapter;
“feasibility study”
1. means a study conducted for the purpose of establishing the economic and environmental practicality of completing a proposed power project;
2. includes engineering and design work to meet the requirements for submission of a license application for a proposed new project to the Federal Energy Regulatory Commission;
“person” includes a public agency in addition to the entities set out in AS 01.10.060(a)(8) ;
“power” includes any and all electrical energy generated, distributed, bought, or sold for purposes of lighting, heating, power, and every other useful purpose;
“power project” or “project” means a plant, works, system, or facility, together with related or necessary facilities and appurtenances, including a divided or undivided interest in or a right to the capacity of a power project or project, that is used or is useful for the purpose of
1. electrical or thermal energy production;
2. waste energy utilization and energy conservation; or
3. transmission, purchase, sale, exchange, and interchange of electrical or thermal energy, including district heating or interties;
“public agency” means any city or other municipal corporation, political subdivision, governmental unit, or public corporation created by or under the laws of this state or of another state of the United States, and any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency, or instrumentality of them.

History. (§ 1 ch 278 SLA 1976; am §§ 21, 22 ch 156 SLA 1978; am §§ 26, 27 ch 83 SLA 1980; am §§ 10, 11 ch 133 SLA 1982; am E.O. No. 75 § 3 (1989); am §§ 22, 28 ch 18 SLA 1993; am § 5 ch 78 SLA 1998; am § 19 ch 83 SLA 2010; am § 5 ch 6 FSSLA 2011)

Revisor’s notes. —

Formerly AS 44.56.230. Renumbered as AS 44.83.230 in 1980. Renumbered again in 1989, and reorganized to alphabetize the defined terms.

Effect of amendments. —

The 2010 amendment, effective September 14, 2010, in (6)(A), deleted “other than nuclear energy production” following “electrical or thermal energy production”.

The 2011 amendment, effective July 14, 2011, deleted “under former AS 44.83.181” from the end of (3)(A).

Sec. 44.83.995. Short title.

This chapter may be cited as the Alaska Energy Authority Act.

History. (§ 1 ch 278 SLA 1976)

Revisor’s notes. —

Formerly AS 44.56.240. Renumbered as AS 44.83.240 in 1980. Renumbered again in 1989.

In 1989, the revisor of statutes substituted “Alaska Energy Authority” for “Alaska Power Authority” in accordance with E.O. 75, § 8 (1989).

Chapter 85. Alaska Municipal Bond Bank Authority.

Cross references. —

For provisions relating to allocations of tax credit and bonding limits imposed by the federal government under P.L. 111-5 (American Recovery and Reinvestment Act of 2009), to the waiver of volume cap of recovery zone economic development bonds, and to the ability of the bond bank authority to reallocate economic development bonds affected that waived volume cap, see § 5, ch. 68, SLA 2010, in the 2010 Temporary and Special Acts. For a statement of the findings and purpose that applies to that section, see § 1, ch. 68, SLA 2010, in the 2010 Temporary and Special Acts.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Sec. 44.85.005. Legislative findings.

The legislature finds that

the rapid growth of municipalities in the state and the incorporation of new municipalities has created a demand for capital improvements that can only be met by these municipalities borrowing money through the issuance of bonds or notes;
many of these municipalities, although creditworthy, either have not issued bonds or notes or have little outstanding debt;
the cost of borrowed money to these municipalities is or may be unnecessarily high due to lack of investor familiarity with the municipalities;
other municipalities in the state pay unnecessarily high borrowing costs because of the distance of the state from capital markets or may find borrowing difficult or impossible because of temporary economic dislocation due to loss of employment or prospective loss of employment;
the University of Alaska has limited debt capacity and may pay higher interest rates because of lower credit ratings;
many municipalities provide for or partner with nonprofit organizations to provide for delivery of health care;
nonprofit regional health organizations deliver services in many locations where municipal partners are unavailable;
joint action agencies require financial assistance for public utility projects, including hydroelectric power projects, that benefit municipalities.

History. (§ 1 ch 79 SLA 1975; am § 1 ch 24 SLA 2014; am § 1 ch 28 SLA 2015)

Revisor’s notes. —

Formerly AS 44.58.005. Renumbered in 1980.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Effect of amendments. —

The 2014 amendment, effective June 18, 2014, added (5), and made a related change.

The 2015 amendment, effective May 27, 2015, added (6) - (8).

Notes to Decisions

Cited in

Bullock v. Dep't of Community & Reg'l Affairs, 19 P.3d 1209 (Alaska 2001).

Collateral references. —

12 Am. Jur. 2d, Bonds, § 1 et seq.

11 C.J.S. Bonds, § 1 et seq.

Sec. 44.85.010. Legislative policy.

It is the policy of the state to
1. foster and promote by all reasonable means the provision of adequate capital markets and facilities for borrowing money by municipalities in the state to finance capital improvements or for other authorized purposes, to assist these municipalities in fulfilling their capital needs and requirements by use of borrowed money within statutory interest rate or cost of borrowing limitations, to the greatest extent possible to reduce costs of borrowed money to taxpayers and residents of the state, and equally to encourage continued investor interest in the purchase of bonds or notes of municipalities as sound and preferred securities for investment;
2. encourage municipalities to continue their independent undertakings and financing of capital improvements and other authorized purposes and to assist them by making capital funds available at reduced interest costs for orderly financing of capital improvements and other purposes especially during periods of restricted credit or money supply, particularly for those municipalities not otherwise able to borrow for capital needs;
3. assist municipalities to provide for adequate insurance coverage by authorizing the Alaska Municipal Bond Bank Authority to issue negotiable or nonnegotiable revenue bonds, notes, or certificates of participation either directly or through an entity it may create for the purpose of providing a self-insurance program for municipalities or municipal joint insurance arrangements organized under AS 21.76;
4. assist governmental employers to prepay all or a portion of their share of unfunded accrued actuarial liabilities of retirement systems in an effort to reduce their costs of satisfying their contractual obligations to provide retirement and other benefits to public employees through the issuance of bonds, notes, commercial paper, or other obligations by the bond bank authority or by a subsidiary corporation created by the bond bank authority under AS 44.85.085 , but only after submitting a proposal to the Legislative Budget and Audit Committee and if the state bond rating is the equivalent of AA- or better; this assistance is limited as provided in AS 37.15.903 ;
5. assist the University of Alaska to provide heating or energy projects by providing capital funds through loans that minimize costs and the effects on the debt capacity of the University of Alaska;
6. assist regional health organizations to provide health care facilities by providing capital funds through loans that minimize costs and the effects on the debt capacity of regional health organizations when the commissioner of health and social services anticipates a state financial benefit and an increase in regional quality of care;
7. assist joint action agencies in providing public utilities, including hydroelectric power projects, through loans and bonds that minimize costs and the effects on the debt capacity of public utilities and joint action agencies.
The legislature further declares that
1. the exercise of the powers of the state in the interest of its municipalities and in the interest of public employees of the state and of its municipalities is required to further and implement the policies declared in (a) of this section by authorizing the creation of a state bond bank authority as a body corporate and politic that will have full powers to borrow money and to issue its bonds and notes to make capital funds available for borrowing by municipalities and for borrowing by or on behalf of governmental employers, by authorizing governmental employers to contract with the bond bank authority or with a subsidiary created under AS 44.85.085 for the purpose of reducing future costs of providing retirement and other benefits to employees, and by granting broad powers to the bond bank authority to carry out the declared policies, which are in the public interest of the state and its taxpayers and residents;
2. state funds should be applied or authorized to be paid to a state bond bank authority only to provide adequate assurance and security to the holders of the bonds or notes of the bond bank authority;
3. the bond bank authority should conduct its operations to provide the lowest rates in terms of borrowing to municipalities as is consistent with a self-supporting operation with no expectation of subsidization with state funds; the legislature does not intend that the bond bank authority be utilized as a means to finance municipalities beyond their capability to meet repayment schedules and debt service requirements of bonds or notes;
4. the bond bank authority or its subsidiary should conduct its operations to provide the lowest rates in terms of borrowing to governmental employers under AS 44.85.085 and 44.85.086 as is consistent with a self-supporting operation with no expectation of subsidization with state funds; the legislature does not intend that the bond bank authority or its subsidiary be utilized as a means to finance governmental employers under AS 44.85.085 and 44.85.086 beyond their capability to meet repayment schedules and debt service requirements of bonds, notes, commercial paper, or other obligations to the bond bank authority or its subsidiary.

History. (§ 1 ch 79 SLA 1975; am § 6 ch 85 SLA 1989; am § 13 ch 35 SLA 2008; am § 2 ch 24 SLA 2014; am § 2 ch 28 SLA 2015; am § 8 ch 109 SLA 2018)

Revisor’s notes. —

Formerly AS 44.58.010. Renumbered in 1980.

Cross references. —

For legislative findings and purpose in connection with the enactment of (a)(3) of this section, see § 1, ch. 85, SLA 1989 in the Temporary and Special Acts.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Effect of amendments. —

The 2014 amendment, effective June 18, 2014, added (a)(5), and made a related change.

The 2015 amendment, effective May 27, 2015, added (a)(6) and (a)(7).

The 2018 amendment, effective December 26, 2018, in (a)(4), inserted “after submitting a proposal to the Legislative Budget and Audit Committee and” following “but only”.

Notes to Decisions

Cited in

Bullock v. Dep't of Community & Reg'l Affairs, 19 P.3d 1209 (Alaska 2001).

Sec. 44.85.020. Municipal Bond Bank Authority.

There is created the Alaska Municipal Bond Bank Authority. The authority is a public corporation of the state. The corporation is an instrumentality of the state within the Department of Revenue but has a legal existence independent of and separate from the state and has continuing succession until its existence is terminated by law. The exercise by the authority of the powers conferred by this chapter is considered an essential governmental function of the state.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.020. Renumbered in 1980.

Sec. 44.85.030. Membership and vacancies.

The bond bank authority consists of the following five directors: the commissioner of revenue, the commissioner of commerce, community, and economic development, who shall each be a director ex officio with voting privileges, and three directors appointed by the governor. The appointment of each director other than the commissioner of revenue and the commissioner of commerce, community, and economic development is subject to confirmation by the legislature. The three directors appointed by the governor serve at the governor’s pleasure for four-year terms. They must be residents of the state and qualified voters at the time of appointment and shall comply with the requirements of AS 39.50 (public official financial disclosure). Each director shall hold office for the term of appointment and until a successor has been appointed and qualified. A director is eligible for reappointment. A vacancy in a directorship occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only. Each director before entering upon the duties of office shall take and subscribe to an oath to perform the duties faithfully, impartially, and justly to the best of the director’s ability. A record of the oath shall be filed in the office of the governor.

History. (§ 1 ch 79 SLA 1975; am § 35 ch 168 SLA 1990; am § 19 ch 33 SLA 1999)

Revisor’s notes. —

Formerly AS 44.58.030. Renumbered in 1980.

In 1999, in this section, “community and regional affairs” was changed to “community and economic development” in accordance with § 91(a)(12), ch. 58, SLA 1999. In 2004, in this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.85.040. Officers, quorum, and meetings.

The directors shall elect one of their number as chairman. The directors shall elect a secretary and a treasurer who need not be directors, and the same person may be elected to serve both as secretary and treasurer. The powers of the bond bank authority are vested in the directors, and three directors of the bond bank authority constitute a quorum. Action may be taken and motions and resolutions adopted by the bond bank authority at any meeting by the affirmative vote of at least three directors. A vacancy in the directorship of the bond bank authority does not impair the right of a quorum to exercise all the powers and perform all the duties of the bond bank authority.
The bond bank authority may meet and transact business by an electronic medium if (1) public notice of the time and locations where the meeting will be held by an electronic medium has been given in the same manner as if the meeting were held in a single location; (2) participants and members of the public in attendance can hear and have the same right to participate in the meeting as if the meeting were conducted in person; and (3) copies of pertinent reference materials, statutes, regulations, and audio-visual materials are reasonably available to participants and to the public. A meeting by an electronic medium as provided in this subsection has the same legal effect as a meeting in person.

History. (§ 1 ch 79 SLA 1975; am § 1 ch 86 SLA 1983)

Revisor’s notes. —

Formerly AS 44.58.040. Renumbered in 1980.

Sec. 44.85.050. Bonding of members.

Before the issuance of bonds or notes under this chapter, each director shall execute a surety bond in the penal sum of $25,000 and the treasurer shall execute a surety bond in the penal sum of $50,000. Each surety bond shall be conditioned upon the faithful performance of the duties of the office of the director or treasurer, to be executed by a surety company authorized to transact business in the state as surety and filed in the office of the lieutenant governor. After issuance of bonds or notes by the bond bank authority each director shall maintain the surety bond in force. All costs of the surety bonds shall be borne by the bond bank authority.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.050. Renumbered in 1980.

Sec. 44.85.060. Compensation and expenses.

The directors of the bond bank authority shall serve without compensation, but the bond bank authority shall reimburse its directors for actual expenses necessarily incurred in the discharge of their duties. Notwithstanding any other law, an officer or employee of the state need not forfeit office or employment or any benefits by reason of acceptance of appointment to the office of director of the bond bank authority.

History. (§ 1 ch 79 SLA 1975; am § 1 ch 56 SLA 1976)

Revisor’s notes. —

Formerly AS 44.58.060. Renumbered in 1980.

Sec. 44.85.070. Staff.

The bond bank authority shall employ an executive secretary who may with the approval of the bond bank authority select and employ additional staff as necessary. Employees and agents of the bond bank authority other than legal counsel and the executive secretary are in the classified service under AS 39.25. In addition to its staff of regular employees, the bond bank authority may contract for and engage the services of the bond counsel, consultants, experts, and financial advisors the bond bank authority considers necessary for the purpose of developing information, or conducting studies, investigations, hearings, or other proceedings.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.070. Renumbered in 1980.

Sec. 44.85.080. Powers of bond bank authority.

The bond bank authority may

sue and be sued;
adopt and alter an official seal;
make and enforce bylaws and regulations for the conduct of its business and for the use of its services and facilities;
maintain an office at any place in the state;
acquire, hold, use, and dispose of its income, revenues, funds, and money;
acquire, rent, lease, hold, use, and dispose of other personal property for its purposes;
subject to AS 44.85.100(b) , borrow money and issue its negotiable bonds or notes and provide for and secure their payment, provide for the rights of their holders, and purchase, hold, and dispose of any of its bonds or notes;
fix and revise from time to time and charge and collect fees and charges for the use of its services or facilities;
accept gifts or grants from the United States, or from any governmental unit or person, firm, or corporation, carry out the terms or provisions or make agreements with respect to the gifts or grants, and do all things necessary, useful, desirable, or convenient in connection with procuring, accepting, or disposing of the gifts or grants;
do anything authorized by this chapter, through its officers, agents, or employees or by contracts with a person;
make, enter into, and enforce all contracts necessary, convenient, or desirable for the purposes of the bond bank authority or pertaining to a loan, a purchase or sale of municipal bonds or other investments, or the performance of its duties and execution of any of its powers under this chapter;
purchase or hold municipal bonds at prices and in a manner the bond bank authority considers advisable, and sell municipal bonds acquired or held by it at prices without relation to cost and in a manner the bond bank authority considers advisable;
invest funds or money of the bond bank authority not required at the time of investment for loans or for the purchase of municipal bonds, in the same manner as permitted for investment of funds belonging to the state, except as otherwise provided in this chapter;
prescribe the form of application or procedure required for a loan or purchase of its municipal bonds, fix the terms and conditions of the loan or purchase, and enter into agreements with respect to loans or purchases;
render services in connection with a public or private sale of its municipal bonds, including advisory and other services, and charge for services rendered;
charge for its costs and services in review or consideration of a proposed loan or purchase by the bond bank authority of municipal bonds, whether or not the loan is made or the municipal bonds purchased;
fix and establish terms and provisions with respect to a purchase of municipal bonds by the bond bank authority, including date and maturities of the bonds, provisions as to redemption or payment before maturity, and any other matters that in connection with the purchase are necessary, desirable, or advisable in the judgment of the bond bank authority;
procure insurance against any losses in connection with its property, operations, or assets in amounts and from insurers as it considers desirable;
to the extent permitted under its contracts with the holders of bonds or notes of the bond bank authority, consent to modification of the rate of interest, time and payment of installment of principal or interest, security or any other term of a bond or note, contract or agreement of any kind to which the bond bank authority is a party;
by regulation, create a new entity or new entities for the purpose of issuing negotiable or nonnegotiable revenue bonds, notes, or certificates of participation to finance a self-insurance program for municipalities or municipal joint insurance arrangements organized under AS 21.76 or to provide assistance to governmental employers under AS 44.85.085(a) ; the powers, duties, and membership of the new entity or entities shall be limited to the powers, duties, and membership of the authority and stated in the regulation; the new entity or entities shall each be a public corporation and an instrumentality of the state with the same legal existence and continuing succession as the bond bank authority; and
do all acts and things necessary, convenient, or desirable to carry out the powers expressly granted or necessarily implied in this chapter.

History. (§ 1 ch 79 SLA 1975; am § 38 ch 106 SLA 1980; am § 7 ch 85 SLA 1989; am §§ 8, 9 ch 115 SLA 1989; am § 14 ch 35 SLA 2008; am § 3 ch 28 SLA 2015)

Revisor’s notes. —

Formerly AS 44.58.080. Renumbered in 1980. Paragraph (20) was enacted as (21). Paragraph (21) was enacted as (20); renumbered in 1989 as (22); renumbered again in 1993 when former (21) was repealed.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Effect of amendments. —

The 2008 amendment, effective May 23, 2008, in paragraph (20), inserted “or new entities,” “or to provide assistance to governmental employers under AS 44.85.085(a) ,” “or entities” two times, and “each,” and made a stylistic change in paragraph (17).

The 2015 amendment, effective May 27, 2015, in (11), deleted “to a political subdivision” following “pertaining to a loan”; in (13), substituted “investment for loans or” for “investment for loan to political subdivisions”; in (14), deleted “of a political subdivision” following “or procedure required” and “with political subdivisions” following “enter into agreements”; in (15), deleted “to a political subdivision” following “render services”; in (16), deleted “to a political subdivision” following “consideration of a proposed loan” and “of the political subdivision” following “authority of municipal bonds”.

Sec. 44.85.085. Creation of subsidiary corporation.

History. (§ 15 ch 35 SLA 2008; am §§ 9, 10 ch 109 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective December 26, 2018, in (c), in the first sentence, inserted “after submitting a proposal to the Legislative Budget and Audit Committee under (e) of this section,” preceding “if the state bond rating”; added (e).

Sec. 44.85.086. Powers of subsidiary corporation.

A subsidiary corporation created under AS 44.85.085 has the following powers in addition to those granted to it under AS 44.85.085 (c):

to make loans to and enter into contracts with governmental employers;
to incur debt, subject to AS 37.15.903 , in furtherance of its purposes, in the form of bonds, notes, commercial paper, or other obligations as the subsidiary corporation considers appropriate, but only after submitting a proposal to the Legislative Budget and Audit Committee under AS 44.85.085(e) and if the state bond rating is the equivalent of AA- or better;
to secure its debt with a pledge of any assets that are available to the subsidiary corporation for the purpose, including identified revenue and contractual payments from participating governmental employers, and the general assets and revenue of the subsidiary corporation; and
to enter into contracts with underwriters, bond counsel, financial advisors, accountants, actuaries, and other contractors to provide assistance as the subsidiary corporation considers desirable to accomplish its purposes.

History. (§ 15 ch 35 SLA 2008; am § 11 ch 109 SLA 2018)

The 2018 amendment, effective December 26, 2018, in (2), inserted “after submitting a proposal to the Legislative Budget and Audit Committee under AS 44.85.085(e) and” following “but only”.

Sec. 44.85.090. Limitations.

Under this chapter, the bond bank authority may not

make loans of money to a person, firm, or corporation except as provided in this chapter;
emit bills of credit, accept deposits of money for time or demand deposit, administer trusts, or engage in any form or manner in, or in the conduct of, a private or commercial banking business, or act as a savings bank or savings and loan association;
be or constitute a bank or trust company within the jurisdiction or under the control of a regulatory or supervisory board or department of the state, or the Comptroller of the Currency of the United States, or the Department of the Treasury, or Federal Reserve Board of the United States;
be or constitute a bank, banker, or dealer in securities within the meaning of or subject to the provisions of securities, securities exchange, or securities dealers law, of the United States or of this state or of another state; or
issue bonds or notes to a regional health organization unless
1. the bond bank authority finances not more than 49 percent of a project;
2. the remaining costs of a project are secured or delivered to the bond bank authority before the bond bank authority provides financing under (A) of this paragraph; and
3. the bonds or notes do not exceed $102,500,000 for a single project.

History. (§ 1 ch 79 SLA 1975; am § 3 ch 24 SLA 2014; am § 4 ch 28 SLA 2015)

Revisor’s notes. —

Formerly AS 44.58.090. Renumbered in 1980.

Effect of amendments. —

The 2014 amendment, effective June 18, 2014, in (1), inserted “or the University of Alaska” following “other than a municipality”.

The 2015 amendment, effective May 27, 2015, in (1), substituted “or corporation except” for “or corporation other than a municipality or the University of Alaska or purchase securities issued by a person, other than a municipality except for investment”; added (5), and made related changes.

Sec. 44.85.095. Regulations.

The bond bank authority shall adopt regulations, in accordance with AS 44.62 (Administrative Procedure Act), to implement this chapter.

History. (§ 39 ch 106 SLA 1980)

Revisor’s notes. —

Enacted as AS 44.58.095. Renumbered in 1980.

Cross references. —

For provision giving legislative approval required under (g) of this section for the issuance of bonds to finance the infrastructure and construction costs of the Bokan-Dotson Ridge rare earth element project, see sec. 5, ch. 20, SLA 2014, in the 2014 Temporary and Special Acts.

For provision giving legislative approval required under (g) of this section for the issuance of bonds to finance the infrastructure and construction costs of the Niblack project, including mineral processing mill, associated dock, and loading and related infrastructure facilities at the Gravina Island Industrial Complex, as well as infrastructure at the project site on Prince of Wales Island, see sec. 6, ch. 20, SLA 2014, in the 2014 Temporary and Special Acts.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Sec. 44.85.100. Annual report and audit.

Before October 1 of each year the bond bank authority shall make a report of its activities for the preceding fiscal year to the governor and notify the legislature that the report is available. The report shall set out a complete operating and financial statement covering its operations during the year. The bond bank authority must have an audit of its books and accounts made at least once in each year by certified public accountants and the cost of the audit shall be considered an expense of the bond bank authority and a copy of the audit shall be filed with the commissioner of revenue and the legislature.
The bond bank authority shall include in the report required by (a) of this section an estimate of the amount of revenue bonds of the bond bank authority to be issued during the fiscal year following the fiscal year in which the report is submitted. Other than refunding bonds and other than bonds, notes, commercial paper, or other obligations issued under AS 44.85.086 , 44.85.180(a)(5) , and 44.85.180(e) , the bond bank authority may not issue revenue bonds in excess of $75,000,000 during any fiscal year beginning after June 30, 1981, unless the legislature, by law, approves the estimate required by this subsection for that fiscal year.

History. (§ 1 ch 79 SLA 1975; am § 40 ch 106 SLA 1980; am § 2 ch 86 SLA 1983; am § 100 ch 21 SLA 1995; am § 1 ch 3 SLA 2003; am § 16 ch 35 SLA 2008; am § 4 ch 24 SLA 2014)

Revisor’s notes. —

Formerly AS 44.58.100. Renumbered in 1980.

Effect of amendments. —

The 2014 amendment, effective June 18, 2014, in (b), inserted “and 44.85.180(e),” preceding “the bond bank authority” and made a related change.

Sec. 44.85.110. Annual budget.

The bond bank authority shall prepare and submit an annual budget under AS 37.07 (Executive Budget Act).

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.110. Renumbered in 1980.

Sec. 44.85.120. Care and custody of bonds.

The bond bank authority, in accordance with AS 36.30 (State Procurement Code), may enter into agreements or contracts with a bank, trust company, banking or financial institution inside or outside the state as may be necessary, desirable, or convenient, in the opinion of the bond bank authority, for rendering services in connection with the care, custody, or safekeeping of municipal bonds or other investments held or owned by the bond bank authority, for rendering services in connection with the payment or collection of amounts payable as to principal or interest, and for rendering services in connection with the delivery to the bond bank authority of municipal bonds or other investments purchased by it or sold by it, and to pay the cost of those services. The bond bank authority may also, in connection with any of the services to be rendered by a bank, trust company, or banking or financial institution as to the custody and safekeeping of its municipal bonds or investments, require security in the form of collateral bonds, surety agreements, or security agreements in such form and amount as, in the opinion of the bond bank authority, is necessary or desirable.

History. (§ 1 ch 79 SLA 1975; am § 52 ch 106 SLA 1986)

Revisor’s notes. —

Formerly AS 44.58.120. Renumbered in 1980.

Sec. 44.85.130. Effect of obligations.

Bonds and notes issued under this chapter are not a debt or liability of the state and do not create or constitute an indebtedness, liability, or obligation of the state, nor do they constitute a pledge of the faith and credit of the state. All bonds and notes issued under this chapter, unless funded or refunded by bonds or notes of the bond bank authority, are general obligations of the authority to which the full faith and credit of the authority are pledged to the payments of them, except to the extent provided by the resolution authorizing the issuance of them. Each bond and note must contain on its face a statement to the effect that the bond bank authority is obligated to pay the principal and interest on the instrument only from revenues or funds of the bond bank authority and that the state is not obligated to pay the principal or interest and that neither the faith and credit nor the taxing power of the state is pledged to the payment of the principal of or the interest on the bond or note.
The state pledges to and agrees with the holders of the bonds or notes issued under this chapter that the state will not limit or restrict the rights vested in the bond bank authority to purchase, acquire, hold, sell, or dispose of municipal bonds or other investments or to make loans to political subdivisions or to establish and collect fees or other charges convenient or necessary to produce sufficient revenues to meet the expenses of operation of the bond bank authority and to fulfill the terms of any agreement made with the holders of its bonds or notes or in any way impair the rights or remedies of the holders of the bonds or notes until the bonds or notes, together with the interest on the bonds or notes, and interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of the holders, are fully met, paid and discharged.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.130. Renumbered in 1980.

Sec. 44.85.140. Negotiability of bonds or notes.

Notwithstanding other provisions of law, a bond or note issued under this chapter is fully negotiable for all purposes of AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), and a holder or owner of a bond or note, or of a coupon appurtenant to it, by accepting the bond, note, or coupon is conclusively considered to have agreed that the bond, note, or coupon is fully negotiable for all purposes of AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.140. Renumbered in 1980. In 2000, “AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29” was substituted for “AS 45.01 — AS 45.09, AS 45.12, and AS 45.14” in accordance with § 35, ch. 113, SLA 2000.

Sec. 44.85.150. Bonds or notes as legal investments.

Notwithstanding the restrictions of any other law, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries, may legally invest sinking funds, money, or other funds belonging to them or within their control in bonds or notes issued under this chapter.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.150. Renumbered in 1980.

Sec. 44.85.160. Tax exemption.

All property of the bond bank authority is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes and special assessments of the state or a political subdivision of the state. All bonds or notes issued under this chapter are issued by a body corporate and public of this state and for an essential public and governmental purpose and the bonds and notes, and the interest and income on and from the bonds and notes, and all fees, charges, funds, revenues, income, and other money pledged or available to pay or secure the payment of the bonds or notes, or interest on the bonds or notes, are exempt from taxation except for transfer, inheritance, and estate taxes.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.160. Renumbered in 1980.

Sec. 44.85.170. Loans to political subdivisions and joint insurance arrangements.

The bond bank authority, to carry out the purposes and policies of this chapter, may lend money to municipalities through the purchase by the bond bank authority of municipal bonds of municipalities and if the purpose of the loan is to provide financing for a municipal self-insurance program and the loan meets the credit standards of the bond bank authority, may lend money to municipalities, or municipal joint insurance arrangements organized under AS 21.76. Notwithstanding a home rule charter provision requiring public sale by a municipality of its municipal bonds, a municipality may sell its municipal bonds to the bond bank authority at a negotiated, private sale. The bond bank authority, for this purpose, may issue its bonds and notes payable solely from the revenues or funds available to the bond bank authority for such payment and may otherwise assist municipalities as provided in this chapter.
Notwithstanding any other provision of law, to the extent that any department or agency of the state is the custodian of money payable to a political subdivision, at any time after written notice to the department or agency head from the bond bank authority that the political subdivision is in default on the payment of principal or interest on municipal bonds then held or owned by the bond bank authority, or amounts due under an agreement between the bond bank authority and a political subdivision or a municipal joint insurance arrangement organized under AS 21.76, the department or agency shall withhold the payment of that money from that political subdivision and pay over the money to the bond bank authority for the purpose of paying principal of and interest on the bonds or debt. The notice shall be given in each instance of default.

History. (§ 1 ch 79 SLA 1975; am § 2 ch 56 SLA 1976; am § 1 ch 48 SLA 1978; am § 3 ch 118 SLA 1988; am § 8 ch 85 SLA 1989; am § 5 ch 28 SLA 2015)

Revisor’s notes. —

Formerly AS 44.58.170. Renumbered in 1980.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Effect of amendments. —

The 2015 amendment, effective May 27, 2015, in (b), substituted “political subdivision” for “municipality” four times.

Sec. 44.85.180. Issuance of bonds and notes.

Subject to AS 44.85.100(b) , the bond bank authority may issue its bonds or notes in principal amounts that it considers necessary to provide funds for any purposes under this chapter, including
1. the purchase of municipal bonds;
2. the making of loans through the purchase of municipal bonds, notes, or certificates of participation secured by an agreement between the bond bank authority and a municipality or a municipal joint insurance arrangement organized under AS 21.76;
3. the payment, funding, or refunding of the principal of, or interest or redemption premiums on, bonds or notes issued by it whether the bonds or notes or interest to be funded or refunded have or have not become due;
4. the establishment or increase of reserves to secure or to pay bonds or notes or interest on bonds or notes and all other costs or expenses of the bond bank authority incident to and necessary or convenient to carry out its corporate purposes and powers;
5. assisting governmental employers to prepay all or a portion of their share of the unfunded accrued actuarial liabilities of retirement systems, with security as the bond bank authority considers reasonable; however, to carry out this paragraph, bonds and other obligations may only be issued after submitting a proposal to the Legislative Budget and Audit Committee under (f) of this section and if the state bond rating is the equivalent of AA- or better; bonds issued under this paragraph are subject to AS 37.15.903 .
Except as otherwise provided in this chapter or by the bond bank authority, every issue of bonds or notes shall be general obligations payable out of the revenues or funds of the bond bank authority, subject only to agreements with the holders of particular bonds or notes pledging a particular revenue or fund. Bonds or notes may be additionally secured by a pledge of a grant or contributions from the United States or the state or a political subdivision or a person, firm, or corporation, or a pledge of income or revenues, funds or money of the bond bank authority from any source whatsoever.
Notwithstanding the provisions of (a) and (b) of this section, the total amount of bond bank authority bonds and notes outstanding at any one time may not exceed $1,500,000,000. This subsection does not apply to
1. bonds or notes issued to fund or refund bonds or notes;
2. bonds, notes, commercial paper, and other obligations issued under AS 44.85.086 or (a)(5) of this section.
In deciding to purchase municipal bonds, the bond bank authority shall give preference to the entities referred to in AS 44.85.005 . In addition, the following, listed in order of preference, are preferred purposes of the municipal bonds that may be considered by the bond bank authority for purchase: schools, waste water treatment facilities, fire protection and public safety facilities, public health facilities, and public transportation facilities.
Notwithstanding (a), (b), and (c) of this section, the bond bank authority may issue its bonds or notes
1. in principal amounts not to exceed $87,500,000 for the purpose of making loans to the University of Alaska; and
2. in principal amounts not to exceed $205,000,000 at any one time for the purpose of making loans to a regional health organization; this paragraph does not apply to bonds or notes issued to fund or refund bonds or notes.
Before the issuance of bonds or other obligations under this section, the bond bank authority shall submit a proposal to the Legislative Budget and Audit Committee for review, and 45 days shall elapse before bonds or other obligations are issued, unless the Legislative Budget and Audit Committee earlier recommends that the bond bank authority proceed with the issuance. Should the Legislative Budget and Audit Committee recommend within the 45-day period that the bond bank authority not proceed with the issuance of bonds or other obligations, the bond bank authority shall again review the proposal, and, if the bond bank authority decides to issue the bonds or other obligations, the bond bank authority shall provide the Legislative Budget and Audit Committee with a statement of the bond bank authority’s reasons for doing so before issuance under this section.

History. (§ 1 ch 79 SLA 1975; am § 41 ch 106 SLA 1980; am § 3 ch 86 SLA 1983; am § 1 ch 110 SLA 1984; am § 9 ch 85 SLA 1989; am § 2 ch 3 SLA 2003; am § 1 ch 75 SLA 2006; am §§ 17, 18 ch 35 SLA 2008; am § 3 ch 68 SLA 2010; am §§ 5, 6 ch 24 SLA 2014; am §§ 6, 7 ch 28 SLA 2015; am §§ 12, 13 ch 109 SLA 2018)

Revisor’s notes. —

Formerly AS 44.58.180. Renumbered in 1980.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Effect of amendments. —

The 2014 amendment, effective June 18, 2014, in the introductory language of (c), substituted “may not exceed $1,500,000,000” for “may not exceed $1,000,000,000”; added (e).

The 2015 amendment, effective May 27, 2015, in the first sentence of (d), deleted “of a municipality” following “purchase municipal bonds”, and substituted “entities” for “municipalities”; in (e), added (e)(2), and made a related change.

The 2018 amendment, effective December 26, 2018, in (a)(5), inserted “after submitting a proposal to the Legislative Budget and Audit Committee under (f) of this section and” following “may only be issued”; added (f).

Legislative history reports. —

For governor’s transmittal letter for ch. 68, SLA 2010 (Senate Bill 269) relating to a proposed increase in the authorized amount of bonds that the bond bank may have outstanding and for related purposes affecting the bank’s authority involving municipal obligations, including reallocation of recovery zone economic development bond volume cap allocations under applicable provisions of P.L. 111-5 (American Recovery and Reinvestment Act of 2009), see 2010 Senate Journal 1472 — 1474.

Sec. 44.85.190. Form of issuance.

Bonds or notes of the bond bank authority shall be authorized by resolution of the bond bank authority and may be issued in one or more series and shall bear the date, mature at the time, bear interest at the rate of interest each year or within a maximum rate, be in the denomination, be in the form, either coupon or registered, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be payable from the sources in the medium of payment at the place inside or outside the state, and be subject to the terms of redemption, with or without premium, as the resolution of the bond bank authority provides.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.190. Renumbered in 1980.

Sec. 44.85.200. Sale price.

Bonds or notes of the bond bank authority may be sold at public or private sale at the price the bond bank authority determines.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.200. Renumbered in 1980.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Sec. 44.85.210. Payment or refunding of notes.

The bond bank authority may from time to time issue its notes under this chapter and pay and retire or fund or refund the notes from proceeds of bonds or of other notes, or from other funds or money of the bond bank authority available for that purpose in accordance with a contract between the bond bank authority and the holders of the notes.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.210. Renumbered in 1980.

Sec. 44.85.220. Terms of agreement with the bondholder or noteholder.

In a resolution of the bond bank authority authorizing or relating to the issuance of bonds or notes, the bond bank authority, in order to secure the payment of the bonds or notes and in addition to its other powers, may covenant and contract with the holders of the bonds or notes

to pledge to a payment or purpose all or a part of its revenues to which its right then exists or may thereafter come into existence, and the money derived from the revenues, and the proceeds of any bonds or notes;
to covenant against pledging all or a part of its revenues, or against permitting or suffering a lien on those revenues or its property;
to covenant as to the use and disposition of payments of principal or interest received by the bond bank authority on municipal bonds or other investments held by the bond bank authority;
to covenant as to establishment of reserves or sinking funds, the making of provision for them, and the regulation and disposition of the reserves or sinking funds;
to covenant with respect to or against limitations on a right to sell or otherwise dispose of property of any kind;
to covenant as to bonds or notes to be issued, and their limitations, terms, and conditions, and as to their custody, and as to the application and disposition of the proceeds of the bonds and notes;
to covenant as to issuance of additional bonds or notes or as to limitations on the issuance of additional bonds or notes and on the incurring of other debts by it;
to covenant as to the payment of the principal of or interest on the bonds or notes, as to the sources and methods of payment, as to the rank or priority of bonds or notes with respect to a lien or security, or as to the acceleration of the maturity of any bonds or notes;
to provide for the replacement of lost, stolen, destroyed, or mutilated bonds or notes;
to covenant against extending the time for the payment of bonds or notes or interest on the bonds or notes;
to covenant as to the redemption of bonds or notes and privileges of their exchange for other bonds or notes of the bond bank authority;
to covenant as to charges to be established and charged, the amount to be raised each year or other period of time by charges or other revenues, and as to the use and disposition to be made of the charges or other revenues;
to covenant to create or authorize the creation of special funds or money to be held in pledge or otherwise for operating expenses, payment or redemption of bonds or notes, reserves or other purposes and as to the use and disposition of the money held in those funds;
to establish the procedure, if any, by which the terms of a contract or covenant with or for the benefit of the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent to amendment or abrogation, and the manner in which the consent may be given;
to covenant as to the custody of any of its property or investments, their safekeeping and insurance, and the use and disposition of insurance money;
to covenant as to the time or manner of enforcement or restraint from enforcement of any rights of the bond bank authority arising by reason of or with respect to nonpayment of the principal or interest of a municipal bond;
to provide for the rights and liabilities, powers and duties arising upon the breach of any covenant, condition, or obligation and to prescribe the events of default and the terms and conditions upon which any or all of the bonds, notes, or other obligation of the bond bank authority become or may be declared due and payable before maturity and the terms and conditions upon which the declaration and its consequences may be waived;
to vest in a trustee inside or outside the state such property, rights, powers, and duties in trust as the bond bank authority may determine, which may include any of the rights, powers, and duties of a trustee appointed by the holders of the bonds or notes, and to limit or abrogate the right of the holders of the bonds or notes of the bond bank authority to appoint a trustee under this chapter or limit the rights, powers, and duties of the trustee;
to pay the costs or expenses incident to the enforcement of the bonds or notes or of the resolution or of a covenant or agreement of the bond bank authority with the holders of its bonds or notes;
to agree with a corporate trustee which may be a trust company or bank having the powers of a trust company inside or outside the state, as to the pledging or assigning of revenues or funds in which the bond bank authority has a right or interest, and may further provide for such other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of bonds or notes of the bond bank authority and not otherwise in violation of law, and the agreement may also provide for the restriction of the rights of an individual holder of bonds or notes of the bond bank authority;
to appoint and to provide for the duties and obligations of a paying agent or paying agents, or other fiduciaries as the resolution may provide inside or outside the state;
to limit the rights of the holders of bonds or notes to enforce a pledge or covenant securing bonds or notes; and
to make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character, and to make covenants to do or refrain from doing acts and things as may be necessary, or convenient and desirable, in order to better secure bonds or notes or which, in the absolute discretion of the bond bank authority, will tend to make bonds or notes more marketable, notwithstanding that the covenants, acts, or things may not be enumerated in this section.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.220. Renumbered in 1980.

Sec. 44.85.230. Purchase and disposition of own obligations.

The bond bank authority may purchase bonds or notes of the bond bank authority out of its funds or money available for the purchase of its own bonds and notes. The bond bank authority may hold, cancel, or resell the bonds or notes subject to and in accordance with agreements with holders of its bonds or notes.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.230. Renumbered in 1980.

Sec. 44.85.240. Bond anticipation notes.

Notwithstanding any law applicable to a municipality as to the period for temporary financing of a public improvement or purpose by issuance of its notes in anticipation of the issuance of permanent bonds or as to the renewal of bond anticipation notes, the bond bank authority may purchase and the municipality may issue bond anticipation notes and may renew them from time to time; however, the bond anticipation notes, including renewals, shall mature in such amounts and in such years not exceeding five years from the date of the original issuance as is agreed between the bond bank authority and the municipality. In connection with the transaction and purchase of bond anticipation notes, the bond bank authority may by agreement with the municipality impose any terms, conditions, and limitations as in its opinion are proper for the purposes and security of the bond bank authority and the holders of its bonds or notes. The failure of a municipality to comply with the agreement constitutes a failure of the municipality to pay principal of and interest on the bonds or notes, and the bond bank authority shall enforce all rights, remedies, and provisions of law as it has under this chapter or are elsewhere provided.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.240. Renumbered in 1980.

Sec. 44.85.250. Documentation.

All municipal bonds purchased, held, or owned by the bond bank authority, upon delivery to the bond bank authority, must be accompanied by all documentation required by the authority.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.250. Renumbered in 1980.

Sec. 44.85.260. Presumption of validity.

After issuance, all bonds or notes of the bond bank authority shall be conclusively presumed to be fully authorized and issued under the laws of the state, and a person or a municipality is estopped from questioning their authorization, sale, issuance, execution, or delivery by the bond bank authority.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.260. Renumbered in 1980.

Sec. 44.85.270. Reserve fund.

The bond bank authority shall establish and maintain a special fund called the “Alaska municipal bond bank authority reserve fund” in which there shall be deposited or transferred
1. all money appropriated by the legislature for the purpose of the fund in accordance with the provisions of (g) of this section;
2. all proceeds of bonds required to be deposited in the fund by terms of a contract between the bond bank authority and its bondholders or a resolution of the bond bank authority with respect to the proceeds of bonds;
3. all other money appropriated by the legislature to the reserve fund; and
4. any other money or funds of the bond bank authority that it decides to deposit in the fund.
Subject to the provisions of (h) of this section, money in the reserve fund shall be held and applied solely to the payment of the interest on and principal of bonds of the bond bank authority as the interest and principal become due and payable and for the retirement of bonds; and the money may not be withdrawn if a withdrawal would reduce the amount in the reserve fund to an amount less than the required debt service reserve except for payment of interest then due and payable on bonds and the principal of bonds then maturing and payable and for the retirement of bonds in accordance with the terms of a contract between the bond bank authority and its bondholders and for which payments of other money of the bond bank authority is not then available. In this subsection, “required debt service reserve” means, as of the date of computation, the amount required to be on deposit in the reserve fund as provided by resolution of the bond bank authority.
Money in the reserve fund in excess of the required debt service reserve as defined in (b) of this section, whether by reason of investment or otherwise, may be withdrawn at any time by the bond bank authority and transferred to another fund or account of the bond bank authority subject to the provision of (h) of this section.
Money in the reserve fund may be invested in the same manner and on the same conditions as permitted for investment of funds belonging to the state or held in the treasury under AS 37.10.070 ; however, the authority may agree with the bondholders to further limit these investments.
For purposes of valuation, investments in the reserve fund shall be valued at par or if purchased at less than par, at cost unless otherwise provided by resolution of the bond bank authority. Valuation on a particular date shall include the amount of interest then earned or accrued to that date on the money or investments in the reserve fund.
Notwithstanding any other provision of this chapter, bonds may not be issued by the bond bank authority unless there is in the reserve fund the required debt service reserve for all bonds then issued and outstanding and for the bonds to be issued; however, the bond bank authority may satisfy this requirement by depositing as much of the proceeds of the bonds to be issued, upon their issuance, as is needed to meet the required debt service reserve. The bond bank authority may at any time issue its bonds or notes for the purpose of increasing the amount in the reserve fund to the required debt service reserve, or to meet whatever higher or additional reserve that may be fixed by the bond bank authority with respect to the fund.
In order to assure the maintenance of the required debt service reserve in the reserve fund, the legislature may appropriate annually to the bond bank authority for deposit in the fund the sum, certified by the chairman of the bond bank authority to the governor and to the legislature, that is necessary to restore the fund to an amount equal to the required debt service reserve. The chairman annually, before January 30, shall make and deliver to the governor and to the legislature a certificate stating the sum required to restore the fund to that amount, and the sum so certified may be appropriated and paid to the bond bank authority during the then current state fiscal year. Nothing in this subsection creates a debt or liability of the state.
All amounts received on account of money appropriated to the reserve fund referred to in (a)(3) of this section shall be held and applied in accordance with (b) of this section; however, at the end of each fiscal year, if the amount in the reserve fund is in excess of the required debt service reserve, any amount representing earnings or income received on account of money appropriated to the reserve fund that exceeds the operating expenses of the authority for that fiscal year shall be transferred to the general fund of the state.
All references to the “reserve fund” in this section include special accounts within the reserve fund which may be created by the authority to secure the payment of particular bonds. The commissioner of revenue may lend surplus money in the general fund to the authority for deposit to any account in the reserve fund in an amount equal to the required debt service reserve. The loans shall be made on such terms and conditions as may be agreed upon by the commissioner of revenue and the authority, including, without limitation, terms and conditions providing that the loans need not be repaid until the obligations of the corporation secured and to be secured by the account in the reserve fund are no longer outstanding.

History. (§ 1 ch 79 SLA 1975; am § 3 ch 56 SLA 1976; am § 4 ch 143 SLA 1978; am § 77 ch 74 SLA 1985; am § 42 ch 85 SLA 1988)

Revisor’s notes. —

Formerly AS 44.58.270. Renumbered in 1980.

Sec. 44.85.280. Additional funds and accounts.

The bond bank authority may establish additional reserves or other funds or accounts as may be, in its discretion, necessary, desirable, or convenient to further the accomplishment of its purposes or to comply with the provisions of any of its agreements or resolutions.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.280. Renumbered in 1980.

Sec. 44.85.290. Application of funds.

Money or investments in a fund or account of the bond bank authority established or held for bonds, notes, indebtedness, or liability to be paid, funded, or refunded by issuance of bonds or notes, unless the resolution authorizing the bonds or notes provides otherwise, shall be applied to the payment or retirement of the bonds, notes, indebtedness or liability, and to no other purpose.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.290. Renumbered in 1980.

Sec. 44.85.300. Rights of holders paramount.

In order to carry out its purpose under this chapter of making loans to municipalities by purchase of the municipal bonds of those municipalities and by receipt of its income from service charges and from payments of interest on the maturing principal of municipal bonds purchased and held by it, and in order to produce revenues or income to the bond bank authority sufficient at all times to meet its costs and expenses of operation under this chapter and to pay the principal of and interest on its outstanding bonds and notes when due, the bond bank authority must at all times, and to the greatest extent possible, plan to issue its bonds and notes and lend money to political subdivisions so that the purpose is achieved without in any way jeopardizing any rights of the holders of bonds or notes of the bond bank authority or affecting other matters under this chapter.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.300. Renumbered in 1980.

Sec. 44.85.310. Default in payment; appointment of trustee.

If the bond bank authority defaults in the payment of principal or interest on an issue of notes or bonds after they become due, whether at maturity or upon call for redemption, and the default continues for 30 days, or if the bond bank authority fails or refuses to comply with this chapter or defaults in an agreement made with the holders of an issue of notes or bonds, the holders of 25 percent in the aggregate principal amount of the outstanding notes or bonds of that issue, by instrument filed in the office of the clerk of the district court of the first judicial district and executed in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of those notes or bonds for the purposes provided in this chapter.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.310. Renumbered in 1980.

Sec. 44.85.320. Powers and duties of trustee on default.

A trustee appointed under AS 44.85.310 may, and shall in the trustee’s name, upon written request of the holders of 25 percent in principal amount of the outstanding notes or bonds,
1. by civil action enforce all rights of the noteholders or bondholders, including the right to require the bond bank authority to collect rates, charges, and other fees and to collect interest and amortization payments on municipal bonds and notes held by it adequate to carry out an agreement as to, or pledge of, the rates, charges, and other fees and of the interest and amortization payments, and to require the bond bank authority to carry out any other agreements with the holders of the notes or bonds and to perform its duties under this chapter;
2. bring a civil action upon the notes or bonds;
3. by civil action require the bond bank authority to account as if it were the trustee of an express trust for the holders of the notes or bonds;
4. by civil action enjoin anything that may be unlawful or in violation of the rights of the holders of the notes or bonds;
5. declare all the notes or bonds due and payable, and if all defaults are made good, then with the consent of the holders of 25 percent of the principal amount of the outstanding notes or bonds, annul the declaration and its consequences;
6. in addition to the foregoing, exercise all the powers necessary for the exercise of functions specifically set out or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.
Before declaring the principal of notes or bonds due and payable, the trustee must first give 30 days’ notice in writing to the governor, the bond bank authority, the commissioner of commerce, community, and economic development, and the attorney general of the state.

History. (§ 1 ch 79 SLA 1975; am § 22 ch 22 SLA 2001)

Revisor’s notes. —

Formerly AS 44.58.320. Renumbered in 1980.

In 1999, in (b) of this section, “community and regional affairs” was changed to “community and economic development” in accordance with § 91(a)(12), ch. 58, SLA 1999. In 2004, in (b) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.85.330. Personal liability.

Neither a member of the bond bank authority nor a person executing bonds or notes issued under this chapter is liable personally on the bonds or notes.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.330. Renumbered in 1980.

Sec. 44.85.340. Exemption from execution and sale.

All property of the bond bank authority is exempt from levy and sale by virtue of an execution and no execution or other judicial process may issue against the property. A judgment against the bond bank authority may not be a charge or lien upon its property; however, nothing in this section applies to or limits the rights of the holder of bonds or notes to pursue a remedy for the enforcement of a pledge or lien given by the bond bank authority on its revenues or other money.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.340. Renumbered in 1980.

Sec. 44.85.350. Lien of pledge.

A pledge of revenues or other money made by the bond bank authority is binding from the time the pledge is made. Revenues or other money so pledged and thereafter received by the bond bank authority are immediately subject to the lien of the pledge without any further act, and the lien of a pledge is binding against all parties having claims of any kind in tort, contract, or otherwise against the bond bank authority, regardless of whether the parties have notice of the lien. Neither the resolution nor any other instrument by which a pledge is created needs to be filed or recorded except in the records of the bond bank authority.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.350. Renumbered in 1980.

Sec. 44.85.360. Insurance or guaranty.

The bond bank authority may obtain from a department or agency of the United States, or a nongovernmental insurer available insurance or guaranty for the payment or repayment of interest or principal, or both, or any part of interest or principal, on bonds or notes issued by the bond bank authority, or on municipal bonds of municipalities purchased or held by the bond bank authority.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.360. Renumbered in 1980.

Sec. 44.85.370. Surety for deposits by bank.

All banks, trust companies, savings banks, investment companies, and other persons carrying on a banking business are authorized to give to the bond bank authority a good and sufficient undertaking with such sureties as are approved by the bank to the effect that the bank or banking institution shall faithfully keep and pay over to the order of or upon the warrant of the bond bank authority or its authorized agent all those funds deposited with it by the bank and agreed interest under or by reason of this chapter, at such times or upon such demands as may be agreed with the bank or in lieu of these sureties, deposit with the bond bank authority or its authorized agent or a trustee or for the holders of bonds, as collateral, those securities as the bond bank authority may approve. The deposits of the bond bank authority may be evidenced by an agreement in the form and upon the terms and conditions that may be agreed upon by the bond bank authority and the depository bank or banking institution.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.370. Renumbered in 1980.

Sec. 44.85.380. Expenses of administration.

All expenses incurred in carrying out this chapter are payable solely from revenues or funds appropriated under this chapter and nothing in this chapter authorizes the bond bank authority to incur an indebtedness or liability on behalf of or payable by the state.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.380. Renumbered in 1980.

Sec. 44.85.390. Cooperation by government agencies.

All officers, departments, boards, agencies, divisions, and commissions of the state shall render services to the bond bank authority that are within the area of their respective governmental functions and that may be requested by the bond bank authority and must comply promptly with any reasonable request by the bond bank authority relating to making of a study or review as to desirability, need, cost or expense, or financial feasibility with respect to a public project, purpose, or improvement, or the financial or fiscal responsibility or ability of a political subdivision making application for loan to the bond bank authority and for the purchase by the bond bank authority of municipal bonds to be issued by that municipality. The cost and expense of a service requested by the bond bank authority, at the request of the officer, department, board, agency, division, or commission rendering the service, shall be paid by the bond bank authority.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.390. Renumbered in 1980.

Sec. 44.85.400. Public records; open meetings.

The provisions of AS 40.25.110 — 40.25.120 (public records) and AS 44.62.310 — 44.62.319 (Open Meetings Act) apply to the bond bank authority.

History. (§ 1 ch 79 SLA 1975)

Revisor’s notes. —

Formerly AS 44.58.400. Renumbered in 1980.

In 2000, “AS 40.25.110 — 40.25.120 ” was substituted for “AS 09.25.110 — 09.25.120” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.120.

In 2010, “AS 44.62.310 — 44.62.319 (Open Meetings Act)” was substituted for “AS 44.62.310 — 44.62.312 (agency public meetings)” in accordance with § 29(3), ch. 58, SLA 2010.

Sec. 44.85.410. Definitions.

In this chapter, unless the context requires otherwise,

“bond bank authority” means the Alaska Municipal Bond Bank Authority established by AS 44.85.020 ;
“bonds” means bonds of the bond bank authority issued under this chapter;
“governmental employer” means the State of Alaska or a municipality or other state or municipal governmental entity within the state, including an agency, instrumentality, district, school district, public corporation, department, division, or other subdivision of the state or of a municipality, in its capacity as an employer;
“municipal bond” means a bond or note or evidence of debt that constitutes
1. a general obligation bond that is a direct and general obligation of a political subdivision of the state, all the taxable property within which is subject to taxation to pay the bond, note, or evidence of debt, and the interest without limitation, as to rate or amount generally to the extent permitted by law or to avoid a default as provided for second class cities under AS 29.45.590 ;
2. a revenue bond issued by a municipality, the University of Alaska, a regional health organization, a joint action agency formed under AS 42.45.310 , a solid waste management authority, or a port authority that pledges the revenue of a revenue-producing capital improvement and that is payable solely from the revenue of the revenue-producing capital improvement;
3. a general obligation bond or revenue bond combined or additionally secured;
4. a bond of a borough issued as a general obligation of a service area under AS 29.47.440 or former AS 29.58.340; or
5. an obligation of a municipality secured only by
  1. special assessments on benefited property;
  2. tax increments and a letter of credit or equal security; or
  3. a lease;
“notes” means notes of the bond bank authority issued under this chapter;
“public body” means a public body corporate and politic or a political subdivision of the state established under any law of the state which may issue municipal bonds;
“regional health organization” has the meaning given in AS 18.28.100 ;
“reserve fund” means the Alaska municipal bond bank reserve fund established under AS 44.85.270 ;
“revenues” means all fees, charges, money, profits, payments of principal of or interest on municipal bonds and other investments, gifts, grants, contributions, appropriations, and all other income derived or to be derived by the bond bank authority under this chapter.

History. (§ 1 ch 79 SLA 1975; am § 2 ch 48 SLA 1978; am §§ 1, 2 ch 23 SLA 1980; am §§ 78, 79, 88 ch 74 SLA 1985; am § 4 ch 118 SLA 1988; am § 6 ch 97 SLA 1992; am § 4 ch 26 SLA 2006; am § 19 ch 35 SLA 2008; am § 4 ch 68 SLA 2010; am § 7 ch 24 SLA 2014; am §§ 8, 9 ch 28 SLA 2015)

Revisor’s notes. —

Formerly AS 44.58.410; renumbered in 1980. Paragraph (3) was enacted as (8); renumbered in 2008, at which time conforming changes were made to other paragraphs. Paragraph (7) was enacted as (9); renumbered in 2015, at which time conforming changes were made to other paragraphs.

Administrative Code. —

For municipal bond bank authority, see 15 AAC 144.

Effect of amendments. —

The 2010 amendment, effective June 12, 2010, in (4)(B), deleted “, except a revenue bond for electrical generation purposes other than diesel-powered generation,” following “a revenue bond”; in (4)(E)(iii), deleted “for equipment or building improvements if the state is not a lessee” following “a lease”.

The 2014 amendment, effective June 18, 2014, in (4)(B), inserted “the University of Alaska,” following “issued by a municipality,”.

The 2015 amendment, effective May 27, 2015, in (4)(B), inserted “a regional health organization, a joint action agency formed under AS 42.45.310 ,” following “the University of Alaska,”; added (9) [now (7)].

Sec. 44.85.420. Short title.

This chapter may be cited as the Alaska Municipal Bond Bank Authority Act or the Alaska Municipal Bond Bank Act. In transactions involving general obligation bonds of municipalities, the Alaska Municipal Bond Bank Authority created by this chapter may be referred to as the Alaska Municipal Bond Bank with the same legal effect as if the reference were to Alaska Municipal Bond Bank Authority.

History. (§ 1 ch 79 SLA 1975; am § 3 ch 48 SLA 1978)

Revisor’s notes. —

Formerly AS 44.58.420. Renumbered in 1980.

Chapter 88. Alaska Industrial Development and Export Authority.

Cross references. —

For provisions relating to allocations of tax credit and bonding limits imposed by the federal government under P.L. 111-5 (American Recovery and Reinvestment Act of 2009), to the waiver of volume cap of recovery zone facility bonds, and to the ability of the Alaska Industrial Development and Export Authority to reallocate facility bonds affected that waived volume cap, see § 6, ch. 68, SLA 2010, in the 2010 Temporary and Special Acts. For a statement of the findings and purpose that applies to that section, see § 1, ch. 68, SLA 2010, in the 2010 Temporary and Special Acts.

For provision requiring the authority to consult with the Alaska Energy Authority on a plan for developing infrastructure to deliver more affordable energy to areas of the state that are not expected to have direct access to a North Slope natural gas pipeline, to be provided by the Alaska Energy Authority to the legislature before January 1, 2017, see sec. 75, ch. 14, SLA 2014 in the 2014 Temporary and Special Acts.

Administrative Code. —

For Alaska industrial development and export authority, see 3 AAC, part 13.

Article 1. Creation and Organization.

Sec. 44.88.010. Legislative finding and policy.

The legislature finds, determines, and declares that
1. there exist areas of the state in which seasonal and nonseasonal unemployment exists;
2. this unemployment is a serious menace to the health, safety, and general welfare, not only to the people in those areas, but also to the people of the entire state;
3. the state lacks the basic manufacturing, industrial, energy, export, small business, and business enterprises and the other facilities referred to in this subsection necessary to permit adequate development of its natural resources and the balanced growth of its economy;
4. the establishment and expansion of industrial, manufacturing, energy, export, small business, and business enterprises in the state and the other facilities referred to in this subsection are essential to the development of the natural resources and the long-term economic growth of the state, and will directly and indirectly alleviate unemployment in the state;
5. the expansion of export trade is vital to the health and growth of the state’s economy;
6. many state businesses could benefit from additional financial and technical assistance with respect to the exportation of their products and services;
7. the Export-Import Bank of the United States has been mandated by the Export-Import Bank Act Amendments of 1983 to provide technical assistance and export financing support to small businesses in cooperation with state export finance agencies;
8. Alaska-based exporters can be effectively assisted through the establishment, as part of the Alaska Industrial Development and Export Authority, of an export financing program designed to work with the Export-Import Bank of the United States and other federal, state, and private institutions;
9. the achievement of the goal of full employment and of establishment and continuing operation and development of industrial, manufacturing, energy, export, small business, and business enterprises in the state will be accelerated and facilitated by the creation of an instrumentality of the state with powers to incur debt, to own and operate facilities, and to make and insure loans to finance and to assist private lenders to make loans to finance the establishment, operation, and development of industrial, manufacturing, energy, export, small business, and business enterprises;
10. it is in the public interest to promote the prosperity and general welfare of all citizens of the state by
  1. stimulating commercial and industrial growth and expansion by encouraging an increase of private investment by banks, investment houses, insurance companies, and other financial institutions, including pension and retirement funds, to help satisfy the need for economic expansion;
  2. encouraging the production of raw materials and goods for export, the expansion of exports and raw materials and goods, and the rendering of services abroad by residents of the state through the establishment of a program that provides financial assistance in cooperation with federal, state, and private institutions for these purposes in the form provided in this chapter;
  3. creating the Alaska Industrial Development and Export Authority with the powers necessary to accomplish the objectives stated in this paragraph, including the power to issue taxable and tax-exempt bonds, to acquire ownership interests in projects, and to provide development project financing as provided in this chapter;
11. it is in the state’s interest to import private capital to create new economic activity that would not otherwise take place in the state.
It is declared to be the policy of the state, in the interests of promoting the health, security, and general welfare of all the people of the state, and a public purpose, to increase job opportunities and otherwise to encourage the economic growth of the state, including the development of its natural resources, through the establishment and expansion of manufacturing, industrial, energy, export, small business, and business enterprises and the other facilities referred to in (a) of this section by creating the Alaska Industrial Development and Export Authority with the powers, duties, and functions as provided in this chapter.
It is further declared to be the policy of the state, in the interests of promoting the health, security, and general welfare of all the people of the state, and a public purpose of the state, to accomplish the objectives set out in (b) of this section through the provision of financial support to a federal, state, municipal, or private entity.

History. (§ 1 ch 64 SLA 1967; am § 1 ch 64 SLA 1977; am §§ 44 — 48 ch 106 SLA 1980; am § 28 ch 115 SLA 1981; am § 3 ch 162 SLA 1984; am §§ 1, 2 ch 42 SLA 1987; am §§ 3, 4 ch 123 SLA 1990; am §§ 2, 3 ch 60 SLA 2012; am § 1 ch 26 SLA 2013)

Revisor’s notes. —

Formerly AS 44.61.010. Renumbered in 1980.

Cross references. —

For federal Export-Import Bank, see 12 U.S.C. 635.

Effect of amendments. —

The 2012 amendment, effective September 10, 2012, in (a), inserted “energy,” between “industrial,” and “export” in (a)(3); in (a)(4) and twice in (a)(9), inserted “energy,” between “manufacturing,” and “export”; in (b), inserted “energy,” between “industrial,” and “export,” and made stylistic changes.

The 2013 amendment, effective May 30, 2013, in (a)(9), inserted “and” preceding “to make and insure loans to finance”; in (a)(10)(C) deleted “and” following “tax-exempt bonds” and inserted “, and to provide development project financing” following “acquire ownership interests in projects”; made stylistic changes throughout.

Legislative history reports. —

For governor’s transmittal letter concerning ch. 26, SLA 2013 (SB 23) see 2013 Senate Journal 40 — 42.

Notes to Decisions

Former state development corporation law construed. —

In a taxpayer’s action seeking a declaratory judgment that the Acts creating the Alaska State Development Corporation and the appropriations funding it violated various provisions of the Alaska Constitution, the trial court was correct in dismissing the taxpayer’s complaint. Encouraging and assisting the wholesome development of new business and industry in Alaska, and rehabilitating and expanding existing business and industry, are legitimate legislative purposes. De Armond v. Alaska State Dev. Corp., 376 P.2d 717 (Alaska 1962); Walker v. Alaska State Mortgage Ass'n, 416 P.2d 245 (Alaska 1966); City of Nome v. Block No. H, 502 P.2d 124 (Alaska 1972).

Collateral references. —

72 Am. Jur. 2d, States, Territories and Dependencies, §§ 1-6.

81A C.J.S., States, §§ 77, 157, 254-258.

Sec. 44.88.020. Creation of authority.

There is created the Alaska Industrial Development and Export Authority. The authority is a public corporation of the state and a body corporate and politic constituting a political subdivision within the Department of Commerce, Community, and Economic Development, but with separate and independent legal existence.

History. (§ 1 ch 64 SLA 1967; am § 104 ch 218 SLA 1976)

Revisor’s notes. —

Formerly AS 44.61.020. Renumbered in 1980.

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 44.88.030. Membership of authority.

The membership of the authority consists of
1. the commissioner of revenue and the commissioner of commerce, community, and economic development; and
2. five public members appointed by the governor, each of whom has expertise in private sector business or industry, or both, and possesses demonstrated leadership skills.
If a commissioner described in (a)(1) of this section is unable to attend a meeting of the authority, the commissioner may, by an instrument in writing filed with the authority, designate a deputy or assistant to act in the commissioner’s place as a member at the meeting. For all purposes of this chapter, the designee is a member of the authority at the meeting.
Public members of the authority described in (a)(2) of this section serve at the pleasure of the governor for two-year terms.
If a vacancy occurs in the membership of the authority, the governor shall immediately appoint a member for the unexpired portion of the term.

History. (§ 1 ch 64 SLA 1967; am § 7 ch 207 SLA 1975; am § 2 ch 64 SLA 1977; am § 49 ch 106 SLA 1980; am § 36 ch 168 SLA 1990; am §§ 2 — 4 ch 72 SLA 2010)

Revisor’s notes. —

Formerly AS 44.61.030. Renumbered in 1980.

Cross references. —

For a legislative intent statement concerning the selection of the five public members of the Alaska Industrial Development and Export Authority after the effective date of the 2010 amendments of this section, see § 1, ch. 72, SLA 2010, in the 2010 Temporary and Special Acts. For a transitional provision relating to the duration of the terms of office of the three additional public members who are first appointed after the effective date of the 2010 amendments to (a) of this section, see § 5, ch. 72, SLA 2010, in the 2010 Temporary and Special Acts.

Effect of amendments. —

The 2010 amendment, effective September 9, 2010, rewrote and combined (a)(2) and (3), which read, “(2) one other person appointed by the governor who serves as the head of a principal department of the executive branch; and (3) two public members appointed by the governor.” and made a related change; in (b), substituted “commissioner” for “member”, or similar, three times, and deleted “or (a)(2)” following “described in (a)(1)”; in (c), substituted “Public members” for “Members”, deleted “and (a)(3)” following “described in (a)(2)”, and added “at the pleasure of the governor for” following “of this section serve”.

Sec. 44.88.040. Chairman and vice-chairman.

The members of the authority shall elect a chairman from among themselves. A vice-chairman may be elected by the authority from among its other members. The vice-chairman presides over all meetings in the absence of the chairman and has other duties which the authority may direct.

History. (§ 1 ch 64 SLA 1967; am § 105 ch 218 SLA 1976; am § 51 ch 106 SLA 1980)

Revisor’s notes. —

Formerly AS 44.61.040. Renumbered in 1980.

Sec. 44.88.050. Meetings, compensation, officers, and employees.

A majority of the members of the authority constitutes a quorum for the transaction of business or the exercise of a power or function at a meeting of the authority. In case of a tie vote on a motion or resolution pending before the authority the motion or resolution shall be presented to the governor and if approved, is considered adopted by the authority. The authority may meet and transact business by electronic media if (1) public notice of the time and locations where the meeting will be held by electronic media has been given in the same manner as if the meeting were held in a single location; (2) participants and members of the public in attendance can hear and have the same right to participate in the meeting as if the meeting were conducted in person; and (3) copies of pertinent reference materials, statutes, regulations, and audio-visual materials are reasonably available to participants and to the public. A meeting by electronic media as provided in this subsection has the same legal effect as a meeting in person.
The public members of the authority receive $100 compensation for each day spent on official business of the authority and may be reimbursed by the authority for actual and necessary expenses at the same rate paid to members of state boards under AS 39.20.180 .
The authority may appoint persons as officers it considers advisable, including an executive director, and may employ professional advisors, counsel, technical experts, agents, and other employees it considers advisable. The executive director and employees of the authority are in the exempt service under AS 39.25.
The authority shall keep minutes of each meeting and send a certified copy to the governor and to the Legislative Budget and Audit Committee.

History. (§ 1 ch 64 SLA 1967; am §§ 52, 53 ch 106 SLA 1980; am §§ 29, 30 ch 115 SLA 1981)

Revisor’s notes. —

Formerly AS 44.61.050. Renumbered in 1980.

Sec. 44.88.060. Alaska Industrial Development and Export Authority revolving fund.

The Alaska Industrial Development and Export Authority revolving fund is established in the authority. The revolving fund consists of appropriations made to the revolving fund by the legislature, money or other assets transferred to the revolving fund by the authority, and unrestricted payments on loans made or purchased by the authority. Unless otherwise expressly stated, the accounts created in this chapter are accounts in the revolving fund. The authority may create additional accounts either in the revolving fund or outside the revolving fund. Subject to agreements made with the holders of the authority’s bonds or with other persons, the authority may transfer amounts in an account in the revolving fund to another account in the revolving fund. Amounts deposited in the revolving fund may be pledged to the payment of bonds of the authority or expended for the purposes of the authority under this chapter. The authority has the powers and responsibilities established in AS 37.10.071 with respect to the investment of amounts held in the revolving fund.

History. (§ 3 ch 42 SLA 1987; am § 5 ch 123 SLA 1990)

Article 2. Purpose and Powers.

Sec. 44.88.070. Purpose of the authority.

The purpose of the authority is to promote, develop, and advance the general prosperity and economic welfare of the people of the state, to relieve problems of unemployment, and to create additional employment by

providing various means of financing and means of facilitating the financing, in cooperation with federal, state, and private institutions, of industrial, manufacturing, energy, export, small business, and business enterprises and the other facilities referred to in AS 44.88.010(a) in the state;
owning and operating or providing development project financing for the enterprises and other facilities described in AS 44.88.172 ;
fostering the expansion of exports of goods, services, and raw materials of the state;
cooperating and acting in conjunction with other organizations, public and private, the objects of which are the promotion and advancement of export trade activities in the state;
establishing a source of funding credit guarantees and insurance, not otherwise available, to support export development;
providing and cooperating or participating with federal, state, and private institutions to provide actual and potential state exporters, particularly small- and medium-sized exporters, with financial assistance in support of export transactions.

History. (§ 1 ch 64 SLA 1967; am § 54 ch 106 SLA 1980; am § 31 ch 115 SLA 1981; am § 4 ch 162 SLA 1984; am § 4 ch 42 SLA 1987; am § 29 ch 9 SLA 2013; am § 2 ch 26 SLA 2013)

Revisor’s notes. —

Formerly AS 44.61.070. Renumbered in 1980.

Effect of amendments. —

The first 2013 amendment, effective May 10, 2013, in (1), inserted “energy,” following “manufacturing,”.

The second 2013 amendment, effective May 30, 2013, in (2), inserted “or providing development project financing for” following “owning and operating”, and replaced references to “Alaska” with references to “the state” or similar, three times throughout the section.

Legislative history reports. —

For governor’s transmittal letter concerning ch. 26, SLA 2013 (SB 23) see 2013 Senate Journal 40 — 42.

Sec. 44.88.080. Powers of the authority.

In furtherance of its corporate purposes, the authority has the following powers in addition to its other powers:

History. (§ 1 ch 64 SLA 1967; am §§ 55 — 59 ch 106 SLA 1980; am §§ 32, 33 ch 115 SLA 1981; am § 5 ch 162 SLA 1984; am §§ 5, 6 ch 42 SLA 1987; am § 6 ch 123 SLA 1990; am § 1 ch 8 SLA 1998; am § 7 ch 2 SLA 2004; am § 4 ch 61 SLA 2004; am § 1 ch 69 SLA 2010; am § 4 ch 70 SLA 2010; am § 3 ch 26 SLA 2013)

Revisor’s notes. —

Formerly AS 44.61.080. Renumbered in 1980.

Paragraph (31) was enacted as paragraph (30); renumbered in 2010.

Cross references. —

For other powers of the authority, see AS 44.88.420 and 44.88.560 .

For legislative authorization and approval of the sale and purchase of certain power project fund loans between the Alaska Energy Authority and the Alaska Industrial Development and Export Authority bonds for the purposes as described in the section, and a declaration that the provision constitutes the legislative approval required by AS 42.45.010 ( l ) and paragraph (30) of this section, see § 5, ch. 70, SLA 2010, in the 2010 Temporary and Special Acts.

Administrative Code. —

For conduit revenue bond program, see 3 AAC 99, art. 1.

For tax-exempt loan participation program, see 3 AAC 99, art. 2.

For taxable loan participation program, see 3 AAC 99, art. 3.

For development finance program, see 3 AAC 99, art. 5.

For business assistance program, see 3 AAC 99, art. 7.

For small business economic development loan program, see 3 AAC 99, art. 8.

Effect of amendments. —

The first 2010 amendment, by § 1, ch. 69, effective September 9, 2010, added (30) (now (31)).

The second 2010 amendment, by § 4, ch. 70, effective June 12, 2010, added (30).

The 2013 amendment, effective May 30, 2013, replaced references to “Alaska” with references to “the state” or similar, three times throughout the section; added (32); made stylistic changes throughout.

Legislative history reports. —

For governor’s transmittal letter for ch. 61, SLA 2004 (SB 276) adding paragraph (29) of this section, see 2004 Senate Journal 1989 - 1990.

For governor’s transmittal letter for ch. 70, SLA 2010 (SB 301), adding paragraph (30) of this section, see 2010 Senate Journal 1664 — 1666.

Sec. 44.88.085. Administrative procedure.

Except for AS 44.62.310 — 44.62.319 (Open Meetings Act), the provisions of the Administrative Procedure Act regarding the adoption of regulations (AS 44.62.040 — 44.62.319 ) do not apply to the authority. The authority shall make available to members of the public copies of the regulations adopted under this section.
The authority may adopt regulations under this section by motion or by resolution or in any other manner permitted by its bylaws.
The authority may adopt regulations to carry out the purposes of this chapter and shall adopt regulations as provided in (g) of this section.
Except as provided in (e) of this section, at least 15 days before the adoption, amendment, or repeal of a regulation, the authority shall give public notice of the proposed action by publishing the notice in at least three newspapers of general circulation in the state and by mailing a copy of the notice to every person who has filed a request for notice of proposed regulations with the authority. The public notice must include a statement of the time, place, and nature of the proceedings for the adoption, amendment, or repeal of the regulation and must include an informative summary of the subject of the proposed action. On the date and at the time and place designated in the notice, the authority shall give each interested person or an authorized representative of the person, or both, the opportunity to present statements, arguments, or contentions orally or in writing and shall give members of the public an opportunity to present oral statements, arguments, or contentions for a total period of at least one hour. The authority shall consider all relevant matter presented to it before taking the proposed action on the regulation. At a hearing under this subsection, the authority may continue or postpone the hearing to a time and place determined by the authority and announced at the hearing before taking the action to continue or postpone the hearing. A regulation adopted, amended, or repealed by the authority may vary from the informative summary specified in this subsection if the subject matter of the action taken on the regulation remains the same and if the original notice of the proposed action was written so as to assure that members of the public are reasonably notified of the subject matter of the proposed action in order for them to determine whether their interests could be affected by the authority’s proposed action on that subject.
The adoption, amendment, or repeal of a regulation may be made as an emergency regulation if, in the order of adoption, the authority states the facts constituting the emergency and makes a finding that the adoption of the regulation is necessary for the immediate preservation of the orderly operation of the authority’s programs. The requirements of (d) of this section do not apply to the initial adoption of an emergency regulation; however, upon adoption of an emergency regulation under this subsection, the authority shall, within 10 days after that adoption, publish notice of the adoption in accordance with the notice procedures specified in (d) of this section. An emergency regulation adopted under this subsection may not remain in effect for more than 120 days unless, before the expiration of that period, the authority adopts that regulation as a permanent regulation in accordance with the procedures specified in (d) of this section.
A regulation adopted under this section takes effect immediately upon its adoption by the authority or at another time specified by the authority in its order of adoption.
The authority shall adopt regulations necessary for the following purposes in connection with its programs for the financing of projects under AS 44.88.155 — 44.88.159 :
1. determination of borrower eligibility;
2. loan guidelines and terms, including
  1. maximum loan amounts;
  2. required loan-to-value ratios; and
  3. a method for determining loan interest rates;
3. characteristics of projects eligible for loans or purchase of loans; and
4. the qualifications of loan originators and servicers and the method of allocating amounts available for the purchase of loans.
[Repealed, § 21 ch 109 SLA 1998.]

History. (§ 53 ch 113 SLA 1982; am §§ 7 — 12 ch 42 SLA 1987; am § 2 ch 51 SLA 1992; am § 21 ch 109 SLA 1998; am § 1 ch 73 SLA 2003; am § 6 ch 164 SLA 2004; am § 59 ch 56 SLA 2005; am § 22 ch 7 SLA 2018)

Revisor’s notes. —

In 2010, “AS 44.62.310 — 44.62.319 (Open Meetings Act)” was substituted for “AS 44.62.310 and 44.62.312 regarding public meetings” in accordance with § 29(4), ch. 58, SLA 2010.

Administrative Code. —

For conduit revenue bond program, see 3 AAC 99, art. 1.

For tax-exempt loan participation program, see 3 AAC 99, art. 2.

For taxable loan participation program, see 3 AAC 99, art. 3.

For development finance program, see 3 AAC 99, art. 5.

For business assistance program, see 3 AAC 99, art. 7.

For small business economic development loan program, see 3 AAC 99, art. 8.

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in (a), substituted “AS 44.62.010 – 44.62.319 ” for “AS 44.62.010 – 44.62.320 ” in the first sentence, and deleted the third sentence, which read, “Within 45 days after adoption of a regulation under this section, the chairman of the authority shall submit the regulation adopted to the chairman of the Administrative Regulation Review Committee under AS 24.20.400 – 24.20.320 .”

Article 3. Financial Provisions.

Sec. 44.88.088. Payment of dividend to state.

The authority shall adopt a policy for payment of a dividend from the revolving fund, the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund ( AS 44.88.660 ), and the Arctic infrastructure development fund ( AS 44.88.810 ) to the state each fiscal year. The dividends for a fiscal year shall be made available by the authority before the end of that fiscal year. The authority shall notify the commissioner of revenue when the dividends for a fiscal year are available for appropriation. The amount of the dividend payable from the
1. revolving fund for a fiscal year may not be less than 25 percent nor more than 50 percent of the net income of the revolving fund for the base fiscal year; however, in no event, may the dividend payable from the revolving fund for a fiscal year exceed the total unrestricted net income of the revolving fund for the base year;
2. Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund ( AS 44.88.660 ) for a fiscal year may not be less than 25 percent nor more than 50 percent of the net income of the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund for the base fiscal year; however, the dividend payable from the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund for a fiscal year may not exceed the total unrestricted net income of the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund for the base year;
3. Arctic infrastructure development fund ( AS 44.88.810 ) for a fiscal year may not be less than 25 percent nor more than 50 percent of the net income of the Arctic infrastructure development fund for the base fiscal year; however, the dividend payable from the Arctic infrastructure development fund for a fiscal year may not exceed the total unrestricted net income of the Arctic infrastructure development fund for the base year.
In this section,
1. “base fiscal year” means the fiscal year ending two years before the end of the fiscal year in which the payment is made;
2. “mark-to-market fair value” means fixing the value of an investment as its market value as of the financial reporting date;
3. “net income” means the change in net position, or the equivalent term under generally accepted accounting principles, of the revolving fund, the change in net position of the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund ( AS 44.88.660 ), or the change in net position of the Arctic infrastructure development fund ( AS 44.88.810 ) as set out in the audited financial statements of the authority for the base fiscal year, excluding amounts attributable to intergovernmental transfers, capital contributions, grants, losses on a project or development to the extent financed with state or federal grants or appropriations, mark-to-market fair value based accounting entries, and noncash accounting entries related to retirement obligations;
4. “project or development” means
  1. an Arctic infrastructure development;
  2. a development project;
  3. a project; or
  4. a qualified energy development;
5. “unrestricted net income” means the unrestricted change in net position, or the equivalent term under generally accepted accounting principles, of the revolving fund, the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund ( AS 44.88.660 ), or the Arctic infrastructure development fund ( AS 44.88.810 ) as set out in the audited financial statements of the authority for the base fiscal year, excluding amounts attributable to intergovernmental transfers, capital contributions, grants, losses on a project or development to the extent financed with state or federal grants or appropriations, mark-to-market fair value based accounting entries, and noncash accounting entries related to retirement obligations.

History. (§ 3 ch 111 SLA 1996; am §§ 2, 3 ch 121 SLA 2002; am §§ 1, 2 ch 75 SLA 2003; am §§ 4 — 6 ch 26 SLA 2013; am §§ 1 — 3 ch 93 SLA 2014; am §§ 9 — 11 ch 64 SLA 2018)

Revisor's notes. —

Paragraphs (b)(2) and (4) were enacted as (4) and (5); renumbered in 2018 to maintain alphabetical order, at which time other paragraphs were also renumbered.

Effect of amendments. —

The 2013 amendment, effective May 30, 2013, in the introductory language in (a), in the first sentence, inserted “from the revolving fund and a dividend from the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund (AS 44.88.660 )”; deleted the second and third sentences, which pertained to calculation of the amount of the dividend for a fiscal year; inserted “The amount of the dividend payable from the” at the end of the introductory language, and made stylistic changes; added (a)(1) and (2); in (b)(2) [now (b)(3)] substituted “the change in net position, or the equivalent term under generally accepted accounting principles, of the revolving fund or the change in net position of the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund (AS 44.88.660 )” for “the authority’s change in net assets”; in (b)(3) [now (b)(5)] substituted “the unrestricted change in net position, or the equivalent term under generally accepted accounting principles, of the revolving fund or the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund (AS 33.88.660)” for “the authority’s unrestricted change in net assets”; in the introductory language in (d), twice substituted “chair” for “chairman”; added (d)(4), and made stylistic changes throughout.

The 2014 amendment, effective October 14, 2014, in (a), in the introductory language, deleted “and a dividend from” following “revolving fund,” and inserted “, and the Arctic infrastructure development fund (AS 44.88.810 )” preceding “to the state each fiscal year.”, in (a)(2), deleted “in no event, shall” preceding “the dividend payable”, and inserted “may not” preceding “exceed the total unrestricted net income”, added (a)(3); in (b), in (b)(2) [now (b)(3)], inserted “, or the change in net position of the Arctic infrastructure development fund (AS 44.88.810 )” preceding “as set out in the audited financial statements”, in (b)(3) [now (b)(5)], inserted “, or the Arctic infrastructure development fund (AS 44.88.810)” preceding “as set out in the audited financial statements”.

The 2018 amendment, effective July 21, 2018, in (b)(3), substituted “grants, losses on a project or development to the extent financed with state or federal grants or appropriations, mark-to-market fair value based accounting entries, and noncash accounting entries related to retirement obligations” for “grants, or impairment losses on development projects financed under AS 44.88.172 ” at the end, added (b)(4) and (5) [now (b)(2) and (b)(4)].

Editor’s notes. —

Section 5, ch. 121, SLA 2002, provides that the 2002 amendments to paragraphs (b)(2) and (3) [now (b)(3) and (b)(5)] “first apply to calculations made for base fiscal year 2002 and apply thereafter.”

Section 3, ch. 75, SLA 2003, provides that the 2003 amendments of (b)(2) and (3) [now (b)(3) and (b)(5)] of this section apply to calculations under this section beginning with state fiscal year 2004, using base fiscal year 2002.

Sec. 44.88.090. Bonds of the authority.

History. (§ 1 ch 64 SLA 1967; am §§ 60, 61 ch 106 SLA 1980; am § 35 ch 115 SLA 1981; am §§ 13 — 16 ch 42 SLA 1987; am § 1 ch 162 SLA 1988; am §§ 7, 23 ch 123 SLA 1990; am §§ 1, 2 ch 109 SLA 1998)

Revisor’s notes. —

Formerly AS 44.61.090. Renumbered in 1980. In 1993 under § 13, ch. 34, SLA 1993 and § 128, ch. 35, SLA 1993 the citation to the Uniform Commercial Code was revised.

In 2000, “AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29” was substituted for “AS 45.01 — AS 45.09, AS 45.12, and AS 45.14” in accordance with § 35, ch. 113, SLA 2000.

Cross references. —

For a provision authorizing issuance of bonds before June 30, 2023 to finance a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska, see sec. 11, ch. 26, SLA 2013 in the 2013 Temporary and Special Acts, as amended by sec. 12, ch. 64, SLA 2018, in the 2018 Temporary and Special Acts.

For provisions amending sec. 11, ch. 26, SLA 2013 relating to an Interior natural gas project and providing legislative intent, see secs. 1 and 9 - 10, ch. 39, SLA 2015.

Administrative Code. —

For conduit revenue bond program, see 3 AAC 99, art. 1.

For tax-exempt loan participation program, see 3 AAC 99, art. 2.

For development finance program, see 3 AAC 99, art. 5.

Legislative history reports. —

For governor’s transmittal letter concerning ch. 26, SLA 2013 (SB 23), regarding issuance of bonds to finance a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska, see 2013 Senate Journal 40 — 42.

Sec. 44.88.095. Bonding limitations.

The authority may not issue bonds in a 12-month period in an amount that exceeds $400,000,000, excluding refunding bonds.
[Repealed, § 24 ch 123 SLA 1990.]
Before entering into a lease or other agreement under AS 44.88.090(e) regarding a project for which the authority agrees to issue bonds in an amount in excess of $10,000,000, there must be filed with the authority a certified copy of a resolution of the governing body of the political subdivision of the state, if any, in which the project is to be located, consenting to the location of the project. The consent need only refer to the general nature of the project ultimately to be acquired or financed, as set out in a request of the proposed project applicant. Before entering into a lease or other agreement under AS 44.88.090(e) regarding a project, the authority shall find, on the basis of all information reasonably available to it, that
1. the project and its development under this chapter will be economically advantageous to the state and the general public welfare and will contribute to the economic growth of the state;
2. the project applicant is financially responsible;
3. provision to meet increased demand on public facilities that might result from the project is reasonably assured; and
4. the project will provide, or retain, employment reasonably related to the amount of the financing by the authority, considering the amount of investment for each employee for comparable facilities and other relevant factors.
Before adopting a resolution approving a project to be financed under AS 44.88.172 for which bonds must be issued, the authority shall, on the basis of all information reasonably available to it, make findings, with respect to the project, as described in (c)(1) — (4) of this section, and also find that
1. the project is economically and financially feasible and able to produce revenue adequate to repay the bonds or loans with which it is financed;
2. the project complies with applicable law; and
3. issuance of the bonds is not expected to adversely affect the ability of the state or any political subdivision of the state to market other bonds.
Before entering into an agreement to finance or to develop a proposed project financed under AS 44.88.172 for which bonds must be issued, the authority shall obtain the approval of each Regional Resource Advisory Council appointed under AS 44.88.174 or municipality in the area in which the proposed project is to be located. Approval under this subsection must be evidenced by a certified copy of a resolution of the council or of the governing body of the municipality. Before considering a resolution regarding the approval or rejection of the development or financing of a proposed project under this subsection, a Regional Resource Advisory Council shall conduct a public hearing in the region. If a proposed project is located in a municipality, the governing body of the municipality shall conduct a hearing on the proposed project.
Before entering into an agreement to finance or to develop a proposed project financed under AS 44.88.172 for which bonds must be issued, the authority shall compile and make available to the public a document that summarizes the projected economic, social, and environmental effects of the project; and, in conjunction with the Department of Fish and Game, the Department of Natural Resources, the Department of Environmental Conservation, and the Department of Labor and Workforce Development, the authority shall conduct a public hearing on the projected effects of the project.
The authority may issue bonds in an amount greater than $25,000,000 to assist in the financing of a development project under AS 44.88.172 — 44.88.177 only if approved by the legislature, excluding refunding bonds. Refunding bonds may be issued without further approval by the legislature in a principal amount sufficient to provide funds for the payment of all bonds to be refunded by them and, in addition, for the payment of all other amounts that the authority considers appropriate in connection with the refunding, including expenses incident to the redeeming, calling, retiring, or paying of the outstanding bonds, the funding of reserves, and the issuance of the refunding bonds.

History. (§§ 8, 9, 24 ch 123 SLA 1990; am §§ 3, 4 ch 51 SLA 1992; am § 4 ch 111 SLA 1996; am § 3 ch 109 SLA 1998; am § 8 ch 117 SLA 2000; am § 1 ch 74 SLA 2003; am §§ 3, 4 ch 71 SLA 2010; am §§ 2, 3 ch 39 SLA 2015)

Revisor’s notes. —

In 1999, in (f) of this section, “Department of Labor” was changed to “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

Cross references. —

For provision giving legislative approval required under (g) of this section to refunding outstanding bonds to finance acquisition of the Snettisham hydroelectric project and related assets, see § 1, ch. 67, SLA 2008, in the 2008 Temporary and Special Acts.

For provision giving legislative approval required under (g) of this section to expansion and improvement of the Skagway Ore Terminal, see § 16, ch. 7, SLA 2011, in the 2011 Temporary and Special Acts.

For a provision excluding bonds financing a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska issued before June 30, 2023 from the limitations of this section, see sec. 11, ch. 26, SLA 2013 in the 2013 Temporary and Special Acts, as amended by sec. 12, ch. 64, SLA 2018, in the 2018 Temporary and Special Acts.

For provisions amending sec. 11, ch. 26, SLA 2013 and providing legislative intent, see secs. 1 and 9 - 10, ch. 39, SLA 2015.

For provision excluding bonds financing "the infrastructure and construction costs of the Sweetheart Lake hydroelectric project" in an amount "not exceed $120,000,000" from the limitations of this section, see sec. 1, ch. 37, SLA 2016 in the 2016 Temporary and Special Acts.

Administrative Code. —

For conduit revenue bond program, see 3 AAC 99, art. 1.

For tax-exempt loan participation program, see 3 AAC 99, art. 2.

For development finance program, see 3 AAC 99, art. 5.

Effect of amendments. —

The 2010 amendment, effective June 12, 2010, in (a), added “, excluding refunding bonds” following “$400,000,000”; in (g), substituted “The authority” for “Before July 1, 2007, the authority”, and substituted “if approved by law, excluding refunding bonds. Refunding bonds may be issued without further approval by law in a principal amount sufficient to provide funds for the payment of all bonds to be refunded by them and, in addition, for the payment of all other amounts that the authority considers appropriate in connection with the refunding, including expenses incident to the redeeming, calling, retiring, or paying of the outstanding bonds, the funding of reserves, and the issuance of the refunding bonds” for “with legislative approval. Beginning July 1, 2007, and thereafter, without prior legislative approval, the authority may not issue bonds, except refunding and conduit revenue bonds”.

The 2015 amendment, effective July 1, 2015, in (c), in the introductory language, substituted “amount in excess of $10,000,000” for “amount in excess of $6,000,000”, and inserted “or financed” following “project ultimately to be acquired”, made stylistic changes in (c)(3) and (c)(4); in (g), substituted “greater than $25,000,000” for “greater than $10,000,000” and twice substituted “the legislature” for “law”.

Legislative history reports. —

For governor’s transmittal letter for ch. 71, SLA 2010 (HB 90), amending (a) and (g) of this section, see 2009 House Journal 95 — 97.

For governor’s transmittal letter concerning ch. 39, SLA 2015 (HB 105), see 2015 House Journal 188 — 192.

Sec. 44.88.100. Trust indentures and trust agreements.

In the discretion of the authority, an issue of bonds may be secured by a trust indenture or trust agreement between the authority and a corporate trustee (which may be a trust company, bank, or national banking association, with corporate trust powers, located inside or outside the state) or by a secured loan agreement or other instrument or under a resolution giving powers to a corporate trustee (hereinafter in this section referred to as “trust agreement”) by means of which the authority may

History. (§ 1 ch 64 SLA 1967; am § 17 ch 42 SLA 1987; am § 4 ch 109 SLA 1998)

Revisor’s notes. —

Formerly AS 44.61.100. Renumbered in 1980.

Sec. 44.88.105. Capital reserve funds and capital reserve fund requirement.

For the purpose of securing one or more issues of its bonds, the authority may establish one or more special funds, called “capital reserve funds”, and shall pay into those capital reserve funds the proceeds of the sale of its bonds and other money which may be made available to the authority from other sources for the purposes of the capital reserve funds. A capital reserve fund may be established only if the authority determines that the establishment of the fund would enhance the marketability of the bonds. Money in a capital reserve fund, except as provided in this section, may be used as required only for (1) the payment of the principal of, and interest on, bonds or of the sinking fund payments with respect to those bonds; (2) the purchase or redemption of the bonds; or (3) the payment of a redemption premium required to be paid when the bonds are redeemed before maturity. However, money in a capital reserve fund may not be withdrawn if the withdrawal would reduce the amount in the capital reserve fund to less than the capital reserve fund requirement, except for the purpose of making payment, when due, of principal, interest, redemption premiums on the bonds, and sinking fund payments when other money of the authority is not available for the payments. Income or interest earned by, or increment to, a capital reserve fund, from the investment of all or part of the fund, may be transferred by the authority to other funds or accounts of the authority if the transfer does not reduce the amount of the capital reserve fund below the capital reserve fund requirement.
If the authority decides to issue bonds secured by a capital reserve fund, the bonds may not be issued if the amount in the capital reserve fund is less than the capital reserve fund requirement, unless the authority, at the time of issuance of the bonds, deposits in the capital reserve fund from the proceeds of the bonds to be issued or from other sources, an amount which, together with the amount then in the fund, is not less than the capital reserve fund requirement.
In computing the amount of a capital reserve fund for the purpose of this section, securities in which all or a portion of the fund is invested shall be valued by a reasonable method established by the authority by resolution. Valuation shall include the amount of interest earned or accrued as of the date of the valuation.
The chair of the authority shall annually, not later than January 2, certify in writing to the governor and the legislature the amount, if any, required to restore a capital reserve fund to the capital reserve fund requirement. The legislature may appropriate to the authority the amount certified by the chair of the authority. The authority shall deposit the amounts appropriated under this subsection during a fiscal year in the proper capital reserve fund. Nothing in this section creates a debt or liability of the state. In this subsection, “capital reserve fund” means a capital reserve fund that
1. is created under this section on or before January 1, 1989;
2. secures refunding bonds if the refunding bonds are issued to refund bonds that are secured by a capital reserve fund created under this section on or before January 1, 1989;
3. secures bonds issued on or after August 11, 1993, for a power transmission intertie; or
4. secures bonds issued on or after July 1, 2013, for a qualified energy development project financed under AS 44.88.650 — 44.88.690 .
[Repealed, § 23 ch 123 SLA 1990.]
The authority may establish reserve funds, other than capital reserve funds, to secure one or more issues of its bonds. The authority may deposit in a reserve fund established under this subsection the proceeds of sale of its bonds and other money which may be made available from any other source. A reserve fund established under this subsection must comply with (a) — (c) of this section. The authority may allow a reserve fund established under this subsection to be depleted without complying with (d) of this section.
[Repealed, § 23 ch 123 SLA 1990.]
In this section, “capital reserve fund requirement” means the amount required to be on deposit in the capital reserve fund as of the date of computation as determined by resolution of the authority.

History. (§ 62 ch 106 SLA 1980; am §§ 36, 37 ch 115 SLA 1981; am § 6 ch 162 SLA 1984; am § 18 ch 42 SLA 1987; am §§ 10, 11, 23 ch 123 SLA 1990; am § 23 ch 18 SLA 1993; am § 7 ch 26 SLA 2013)

Revisor’s notes. —

Enacted as AS 44.61.105. Renumbered in 1980. Reorganized in 1987 to place the definition at the end of the section.

Cross references. —

For a provision authorizing a capital reserve fund to secure bonds issued before June 30, 2023 to finance a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska, see sec. 11, ch. 26, SLA 2013 in the 2013 Temporary and Special Acts, as amended by sec. 12, ch. 64, SLA 2018, in the 2018 Temporary and Special Acts.

Effect of amendments. —

The 2013 amendment, effective May 30, 2013, in the introductory language of (d), substituted “chair” for “chairman” twice, added (d)(4), and made a related change.

Legislative history reports. —

For governor’s transmittal letter concerning ch. 26, SLA 2013 (SB 23), regarding use of a capital reserve fund to secure bonds issued to finance a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska, see 2013 Senate Journal 40 — 42.

Sec. 44.88.110. Validity of pledge.

It is the intention of the legislature that a pledge made in respect of bonds shall be valid and binding from the time the pledge is made; that the money or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without physical delivery or further act; and that the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether the parties have notice. Neither the resolution, trust agreement, nor any other instrument by which a pledge is created need be recorded or filed under the provisions of the Uniform Commercial Code to be valid, binding, or effective against the parties.

History. (§ 1 ch 64 SLA 1967)

Revisor’s notes. —

Formerly AS 44.61.110. Renumbered in 1980.

Sec. 44.88.120. Nonliability on bonds.

Neither the members of the authority nor a person executing the bonds are liable personally on the bonds or are subject to personal liability or accountability by reason of the issuance of the bonds.
The bonds issued by the authority do not constitute an indebtedness or other liability of the state or of a political subdivision of the state, except the authority, but shall be payable solely from the income and receipts or other funds or property of the authority. The authority may not pledge the faith or credit of the state or of a political subdivision of the state, except the authority, to the payment of a bond and the issuance of a bond by the authority does not directly or indirectly or contingently obligate the state or a political subdivision of the state to apply money from, or levy or pledge any form of taxation whatever to the payment of the bond.

History. (§ 1 ch 64 SLA 1967)

Revisor’s notes. —

Formerly AS 44.61.120. Renumbered in 1980.

Sec. 44.88.130. Pledge of the state.

The state pledges to and agrees with the holders of bonds issued under this chapter and with the federal agency that lends or contributes funds in respect to a project or development project financed under AS 44.88.155 — 44.88.159 or 44.88.172 — 44.88.177 that the state will not limit or alter the rights and powers vested in the authority by this chapter to fulfill the terms of a contract made by the authority with the holders or federal agency and that the state will not in any way impair the rights and remedies of the holders until the bonds, together with the interest on them with interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of the holders are fully met and discharged. The authority is authorized to include this pledge and agreement of the state, insofar as it refers to holders of bonds of the authority, in a contract with the holders and, insofar as it relates to a federal agency, in a contract with the federal agency.

History. (§ 1 ch 64 SLA 1967; am § 19 ch 42 SLA 1987; am § 5 ch 109 SLA 1998)

Revisor’s notes. —

Formerly AS 44.61.130. Renumbered in 1980.

Sec. 44.88.140. Exemption from taxation.

History. (§ 1 ch 64 SLA 1967; am § 3 ch 64 SLA 1977; am §§ 63, 64 ch 106 SLA 1980; am § 126 ch 6 SLA 1984; am § 20 ch 42 SLA 1987; am § 3 ch 85 SLA 1991; am § 101 ch 21 SLA 1995; am §§ 9, 10 ch 117 SLA 2000)

Revisor’s notes. —

Formerly AS 44.61.140. Renumbered in 1980.

Notes to Decisions

Cited in

Nome v. Block No. H, 502 P.2d 124 (Alaska 1972).

Sec. 44.88.150. Bonds legal investments for fiduciaries.

The bonds of the authority are securities in which all public officers and bodies of the state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, savings associations, including savings and loan associations and building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. Notwithstanding any other provisions of law, the bonds of the authority are also securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized.

History. (§ 1 ch 64 SLA 1967)

Revisor’s notes. —

Formerly AS 44.61.150. Renumbered in 1980.

Administrative Code. —

For tax-exempt loan participation program, see 3 AAC 99, art. 2.

Sec. 44.88.155. Enterprise development account.

The enterprise development account is established in the revolving fund. The enterprise development account is a trust fund for the uses and purposes of this chapter. The enterprise development account consists of money or assets appropriated or transferred to the authority and other money or assets deposited in it by the authority.
The authority may establish in the enterprise development account the accounts it considers appropriate.
Money and other assets of the enterprise development account may be used to secure bonds of the authority issued to finance the purchase of loans for projects, to purchase participation in the loans for projects, or to fund a new markets tax credit assistance guarantee or loan under AS 44.88.700 — 44.88.799 .
A loan participation purchased by the authority with assets of the enterprise development account or with proceeds of bonds secured by assets of the enterprise development account
1. may not exceed $25,000,000; however, in the case of a loan participation for qualified energy development, the loan participation may exceed $25,000,000 with legislative approval;
2. may not be purchased unless
  1. the project applicant is not, or, if the applicant is not a single proprietorship, all members of the business enterprise or enterprises constituting the project applicant are not, in default on another loan made by the state or by a public corporation of the state; and
  2. at least 10 percent of the principal amount of the loan is retained by the loan originator, or the loan is for financing improvements in energy efficiency;
3. may not be purchased if the loan to be purchased exceeds 75 percent of the appraised value of the collateral offered as security for the loan unless the amount of the loan in excess of this limit is federally insured or guaranteed or is insured by a qualified mortgage insurance company, except that the loan to be purchased under this paragraph may not exceed the total of loan proceeds used to refinance an existing debt plus the cost of new construction, expansion, or acquisition unless the proceeds from the additional amounts of the loan to be purchased are restricted to uses approved by the authority to finance commercial activity in the state by a business enterprise;
4. may not be purchased if the participation in the loan to be purchased is for a term longer than the following, except that a loan under (A) or (C) of this paragraph may not have a term longer than three-quarters of the authority’s estimate of the life of the collateral offered as security for the loan:
  1. 40 years from the date the loan is made in the case of a loan participation for a project described in AS 44.88.900 (13)(E);
  2. 50 years from the date the loan is made in the case of a loan participation for qualified energy development;
  3. 25 years from the date the loan is made in the case of a loan participation for other projects;
5. may be made only if the participation in the loan to be purchased contains amortization provisions; the amortization provisions
  1. must be complete and satisfactory to the authority and require periodic payments by the borrower;
  2. may allow the loan originator to amortize the portion of the loan retained by the loan originator using a shorter amortization schedule than the amortization schedule for the portion of the loan held by the authority if
    1. in the authority’s opinion, the project financed can support the increased debt service; and
    2. the accelerated amortization schedule is required to induce the originator to make the loan;
6. may be made only if the participation in the loan to be purchased is in the form and contains the terms and provisions with respect to insurance, repairs, alterations, payment of taxes and assessments, default reserves, delinquency charges, default remedies, acceleration of maturity, secondary liens, and other matters the authority prescribes; and
7. may be made only if the participation in the loan to be purchased is secured as to repayment by a mortgage or other security instrument in the manner the authority determines is feasible to assure timely repayment under the loan documents entered into with the borrower.
The authority may adopt regulations for the administration of the enterprise development account including, without limitation, provisions for fees and agreements relating to application, loan commitment, servicing, and origination of loans by other lenders.
The authority may enter into agreements as to the use of the money in the enterprise development account, including without limitation, trust or custody arrangements with banks or trust companies. It may also pledge, assign, or grant the agreement, interests under an agreement, or interests in the enterprise development account as may be necessary or appropriate to provide for payment and security for bonds of the authority issued to finance the purchase by the authority of loans for projects.
Notwithstanding any other provision of this section, the authority may waive or modify the requirements of this section as it considers appropriate and prudent in order to finance a project if the authority intends to own the project or in order to finance qualified energy development.
The provisions of this section apply only with respect to a loan participation purchased by the authority for projects under AS 44.88.155 — 44.88.159 .

History. (§ 65 ch 106 SLA 1980; am § 38 ch 115 SLA 1981; am § 7 ch 162 SLA 1984; am §§ 21 — 27 ch 42 SLA 1987; am § 32 ch 141 SLA 1988; am §§ 12 — 14 ch 123 SLA 1990; am § 1 ch 25 SLA 1991; am §§ 5 — 7 ch 51 SLA 1992; am §§ 24, 25 ch 18 SLA 1993; am § 6 ch 109 SLA 1998; am § 2 ch 73 SLA 2003; am §§ 4, 5 ch 60 SLA 2012; am § 1 ch 61 SLA 2012; am § 4 ch 39 SLA 2015)

Revisor’s notes. —

Enacted as AS 44.61.155. Renumbered in 1980.

In 2012, in subsection (d), “AS 44.88.900 (10)(E)” was substituted for “AS 44.88.900 (9)(E)” to reflect the renumbering of paragraphs in AS 44.88.900.

In 2013, in subsection (d), “AS 44.88.900 (11)(E)” was substituted for “AS 44.88.900 (10)(E)” to reflect the renumbering of paragraphs in AS 44.88.900.

Administrative Code. —

For conduit revenue bond program, see 3 AAC 99, art. 1.

For tax-exempt loan participation program, see 3 AAC 99, art. 2.

For taxable loan participation program, see 3 AAC 99, art. 3.

Effect of amendments. —

The first 2012 amendment, effective September 10, 2012, in (d)(1), (d)(4)(B), and (g), substituted “qualified energy development” for “a power transmission intertie”; in (d)(2)(B) added, “, or the loan is for financing improvements in energy efficiency”.

The second 2012 amendment, effective June 13, 2012, in (c), added “, or to fund a new markets tax credit assistance guarantee or loan under AS 44.88.700 — 44.88.799 ”.

The 2015 amendment, effective July 1, 2015, in (d)(1), twice substituted “$25,000,000” for “$20,000,000”.

Legislative history reports. —

For governor’s transmittal letter concerning ch. 39, SLA 2015 (HB 105), see 2015 House Journal 188 — 192.

Sec. 44.88.156. Multi-family housing loan account. [Repealed, § 44 ch 42 SLA 1987.]

Secs. 44.88.157, 44.88.158. Loan insurance and loan insurance account; small business enterprise loan account. [Repealed, § 23 ch 123 SLA 1990.]

Sec. 44.88.159. Interest rates.

History. (§ 41 ch 115 SLA 1981; am § 54 ch 113 SLA 1982; am § 34 ch 42 SLA 1987; am § 23 ch 123 SLA 1990; am §§ 8, 9 ch 51 SLA 1992; am §§ 5 — 7 ch 111 SLA 1996; am §§ 3 — 6 ch 73 SLA 2003; am §§ 2, 3 ch 69 SLA 2010; am §§ 6 — 11 ch 60 SLA 2012; am §§ 4 — 9 ch 93 SLA 2014)

Revisor’s notes. —

In 2012, “AS 44.88.650 — 44.88.690 ” was substituted for “AS 44.88.700 — 44.88.740 ” and “AS 44.88.660 ” was substituted for “AS 44.88.710 ” to reflect the renumbering of those sections.

Cross references. —

For a provision excepting bonds issued before June 30, 2023 to finance a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska from the interest rate requirements of this section, see sec. 11, ch. 26, SLA 2013 in the 2013 Temporary and Special Acts, as amended by sec. 12, ch. 64, SLA 2018, in the 2018 Temporary and Special Acts.

Administrative Code. —

For tax-exempt loan participation program, see 3 AAC 99, art. 2.

Effect of amendments. —

The 2010 amendment, effective September 9, 2010, rewrote (e); added (g).

The 2012 amendment, effective September 10, 2012, in (a) and (b), added “a loan purchased from the proceeds of tax-exempt bonds secured by the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund (AS 44.88.660 ) under AS 44.88.650 — 44.88.690 or” following “The interest rate on” and added “under AS 44.88.155 ” following “tax-exempt bonds” once in (a) and twice in (b); once in (d), three times in (e), and once in (f), added “or a loan made under AS 44.88.650 — 44.88.690 ” or similar; in (f), near the end, substituted “makes the loan or purchases the authority’s loan participation” for “purchase a portion of the loan”; in the introductory language of (g), inserted “renewable energy development,” following “rural development,”.

The 2014 amendment, effective October 14, 2014, in (a) and (b), inserted “or by the Arctic infrastructure development fund (AS 44.88.810 ) under AS 44.88.800 — 44.88.840 ” preceding “or a loan participation”; in (d), added “or 44.88.800 — 44.88.840 ” at the end; in (e), inserted “or 44.88.800 — 44.88.840” three times following “AS 44.88.650 — 44.88.690 ”; in (f), inserted : or 44.88.800 — 44.88.840” following “AS 44.88.650 — 44.88.690 ”; in (g), inserted “Arctic infrastructure development,” following “rural development.”.

Legislative history reports. —

For governor’s transmittal letter for ch. 69, SLA 2010 (SB 300), proposing amendments to this section to modernize the Authority’s lending practices, including changes to encourage the Authority’s loan participation financing and the development of an incentive rate rebate program, see 2010 Senate Journal 1661 — 1663.

Article 4. General Administrative Provisions.

Sec. 44.88.160. Findings of the authority. [Repealed, § 23 ch 123 SLA 1990.]

Sec. 44.88.165. Delinquent loans.

The authority shall adopt regulations to describe the circumstances under which it will discontinue purchasing loans from a financial institution because of excessive delinquencies among the loans previously purchased by the authority from the financial institution. In adopting the regulations, the authority must consider the authority’s delinquency experience with loans it purchased from all financial institutions. The authority may include in the regulations other remedies it considers appropriate as alternatives to the discontinuance of purchasing loans from the financial institution.

History. (§ 42 ch 115 SLA 1981; am § 55 ch 113 SLA 1982; am § 15 ch 123 SLA 1990)

Sec. 44.88.170. Purchase of project and leases.

Except as provided in (c) of this section, nothing in this chapter prevents the inclusion in a lease or other agreement relating to a project of a provision granting the right to purchase the project, or to renew or extend the lease or agreement, upon the terms and conditions that may be provided for in the lease or agreement.
A lease with respect to a project may provide for two or more lessees with the legal relationship between themselves and the authority which the authority may approve, including without limitation, provisions to the effect that the obligations of the lessees under the lease for payment of rental or otherwise between themselves and the authority are several, joint, or joint and several and that the lessees lease the project as tenants in common, or otherwise.
The authority, without first obtaining legislative approval, may not enter into a gas supply contract with a natural gas producer to provide natural gas to Interior Alaska as a primary market unless the contract is for the benefit of a natural gas liquefaction or distribution utility that is owned by the authority or a subsidiary of the authority and the contract is for the natural gas producer to provide the utility, and only the utility, with a natural gas supply that the utility uses to serve customers in Interior Alaska.

History. (§ 1 ch 64 SLA 1967; am §§ 5, 6 ch 39 SLA 2015)

Revisor’s notes. —

Formerly AS 44.61.170. Renumbered in 1980.

Effect of amendments. —

The 2015 amendment, effective July 1, 2015, in (a), substituted “Except as provided in (c) of this section, nothing in this chapter” for “Nothing in this chapter” at the beginning, and made a stylistic change; added (c).

Legislative history reports. —

For governor’s transmittal letter concerning ch. 39, SLA 2015 (HB 105), see 2015 House Journal 188 — 192.

Sec. 44.88.172. Economic development account.

The economic development account is established in the revolving fund. The economic development account consists of money or assets appropriated, loaned, or transferred to the authority for deposit in the account and other money or assets deposited in the account by the authority. While money is on deposit in the economic development account, the money may be used to finance, acquire, manage, and operate development projects that the authority intends to own and operate or to provide development project financing for development projects the authority does not intend to own and operate. In this subsection,
1. “operate” includes operation directly by the authority, by an agent of the authority, or by a person as determined under an agreement between the authority and other owners of the development project;
2. “own” includes ownership by the authority of all or a percentage of a development project or all or a percentage of the shares of a corporation or membership in a limited liability company for which the development project is the sole asset of the corporation or limited liability company.
[Repealed, § 23 ch 123 SLA 1990.]
[Repealed, § 23 ch 123 SLA 1990.]
The authority shall adopt regulations to implement this section. The regulations may include provisions for the application process, application fees, interest rates, other charges and fees, terms, conditions, security, and other requirements for development projects the authority undertakes or development project financing the authority provides.

History. (§ 8 ch 162 SLA 1984; am §§ 35, 36 ch 42 SLA 1987; am §§ 16, 23 ch 123 SLA 1990; am § 4 ch 69 SLA 2010; am § 11 ch 7 SLA 2011; am §§ 8, 9 ch 26 SLA 2013)

Cross references. —

For legislative authorization for the authority to own and operate or finance under this section the Bokan-Dotson Ridge rare earth element project’s surface complex, see sec. 5, ch. 20, SLA 2014 in the 2014 Temporary and Special Acts.

For legislative authorization for the authority to own and operate or finance under this section infrastructure for the Niblack project, including the mineral processing mill, associated dock, and loading and related infrastructure facilities at the Gravina Island Industrial Complex, as well as infrastructure at the project site on Prince of Wales Island, see sec. 6, ch. 20, SLA 2014 in the 2014 Temporary and Special Acts.

Administrative Code. —

For development finance program, see 3 AAC 99, art. 5.

Effect of amendments. —

The 2010 amendment, effective September 9, 2010, in (a), substituted “In this subsection,” for “The term”, added “, or by a person as determined under an agreement between the authority and other owners of the development project; “own” includes ownership by the authority of all or a percentage of a development project” and added paragraph (1) and (2) designations.

The 2011 amendment, effective May 7, 2011, rewrote (a)(2) which read, “‘own’ includes ownership by the authority of all or a percentage of a development project.”

The 2013 amendment, effective May 30, 2013, in the introductory language in (a), deleted “only” following “money may be used” and inserted “or to provide development project financing for development projects the authority does not intend to own and operate” at the end of the second sentence; added (d).

Legislative history reports. —

For governor’s transmittal letter for ch. 69, SLA 2010 (SB 300), proposing amendments to subsection (a) of this section to modernize the Authority’s lending practices, including changes to encourage joint financing of development projects with other parties, see 2010 Senate Journal 1661 — 1663.

For governor’s transmittal letter concerning ch. 26, SLA 2013 (SB 23) see 2013 Senate Journal 40 — 42.

Sec. 44.88.173. Finance plan.

Before approving a project financed under AS 44.88.172 , the authority shall prepare a finance plan. The finance plan must include an estimate of the total cost of the project, and a description of the sources of money that will be used to finance the total cost of the project. The finance plan must also include an estimate of the operational costs of the completed project, as well as a description of the source of the money that is to be used to pay the operational costs.
The authority shall give preference to a project that does not require financial assistance from the state. If the authority determines that a project requires state financial assistance, and if the authority further determines that it is desirable to finance the project, the authority shall recommend a method of financing that minimizes cost to the state. A finance plan required under (a) of this section must identify the method of financing that minimizes the cost to the state.
The authority shall submit a finance plan prepared under this section to the state bond committee, the governor, and the legislature before issuing bonds or otherwise incurring debt for the project. If a project requires financial assistance from the state, the state financial assistance must be available before bonds are issued for the project.

History. (§ 8 ch 162 SLA 1984)

Administrative Code. —

For development finance program, see 3 AAC 99, art. 5.

Sec. 44.88.174. Regional resource advisory council.

Within 30 days after the authority adopts a resolution certifying that a project in the unorganized borough is eligible for financing under AS 44.88.172 , the governor shall appoint a Regional Resource Advisory Council in the area of the state where the project is to be located and for which a regional housing authority has been established under AS 18.55.996 . The purpose of a council is to assist the authority in reviewing a project that has been proposed for development in its area of the state.
A Regional Resource Advisory Council consists of five members registered to vote in the region. The governor shall appoint the members to reflect the economic and geographic diversity of the region. Council members serve three-year terms at the pleasure of the governor, except that the initial members may be appointed for less than three years so that the term of at least one of the members expires each year. The governor shall appoint a chairperson who shall call meetings as required and preside over the deliberations of the council. A majority of the council constitutes a quorum for conducting the business of the council.
Members of a Regional Resource Advisory Council do not receive compensation for their services on the council, but are entitled to per diem and travel expenses authorized by law for state boards and commissions under AS 39.20.180 .

History. (§ 8 ch 162 SLA 1984)

Sec. 44.88.175. Requirements prior to approval of projects. [Repealed, § 23 ch 123 SLA 1990.]

Sec. 44.88.176. Hearing to consider proposed project. [Repealed, § 23 ch 123 SLA 1990.]

Sec. 44.88.177. Operation of projects.

If a project is financed under AS 44.88.172 , the authority shall solicit the review and advice of the Regional Resource Advisory Council or governing body in the area in which a project is located before the execution of contracts, agreements, resolutions, or other matters that directly concern the development, maintenance, and operation of a project.

History. (§ 8 ch 162 SLA 1984)

Sec. 44.88.178. Creation of subsidiaries.

The authority may create one or more subsidiary corporations for the purpose of acquiring, constructing, owning, operating, or financing a project financed under AS 44.88.172 . A subsidiary corporation created under this section may be incorporated under AS 10.20.146 — 10.20.166 . The authority may transfer assets of the authority to a subsidiary created under this section. A subsidiary created under this section may borrow money and issue bonds as evidence of that borrowing, and has all the powers of the authority that the authority grants to it. Unless otherwise provided by the authority, the debts, liabilities, and obligations of a subsidiary corporation created under this section are not the debts, liabilities, or obligations of the authority.

History. (§ 12 ch 7 SLA 2011)

Sec. 44.88.180. Conflicts of interest.

A member of the authority may not vote on a resolution of the authority relating to a lease or contract to be entered into by the authority under this chapter if the member is a party to the lease or contract or has a direct ownership or equity interest in a firm, partnership, corporation, or association that may be a party to the contract or lease. A resolution of the authority that is approved by a majority of the members who are not barred from voting under this subsection is a valid action of the authority for all purposes.
[Repealed, § 82 ch 41 SLA 2009.]

History. (§ 1 ch 64 SLA 1967; am § 56 ch 113 SLA 1982; am § 82 ch 41 SLA 2009)

Revisor’s notes. —

Formerly AS 44.61.180. Renumbered in 1980.

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, repealed (b).

Sec. 44.88.190. Operation of certain statutes excepted.

The authority may not be considered or constitute (1) a political subdivision of the state as the term is used in AS 37.10.085 , (2) a municipal corporation or political subdivision of the state as the terms are used in AS 29, or (3) except as provided in AS 44.88.205 , a state agency as the term is used in AS 37, but for all other purposes the authority constitutes a political subdivision and an instrumentality of the state as provided in this chapter.
The funds, income, or receipts of the authority may not be considered or constitute money of the state, nor may real property in which the authority has an interest be considered land owned in fee by the state or to which the state may become entitled or in any way land belonging to the state, or state land referred to in Art. VIII of the Alaska Constitution.
A loan participation purchased or financed by the authority is exempt from the provisions of AS 45.45.010 .

History. (§ 1 ch 64 SLA 1967; am § 67 ch 106 SLA 1980; am § 37 ch 42 SLA 1987; am § 10 ch 51 SLA 1992; am § 7 ch 109 SLA 1998)

Revisor’s notes. —

Formerly AS 44.61.190. Renumbered in 1980.

Sec. 44.88.200. Annual audit.

The authority shall have its financial records audited annually by the legislative auditor or by a certified public accountant approved by the legislative auditor. The legislative auditor may prescribe the form and content of the financial records of the authority and shall have access to these records at any time.

History. (§ 1 ch 64 SLA 1967)

Revisor’s notes. —

Formerly AS 44.61.200. Renumbered in 1980.

Sec. 44.88.205. Compliance with executive budget act; authority finances.

The operating budget of the authority is subject to AS 37.07 (Executive Budget Act).
To further ensure effective budgetary decision making by the legislature, the authority shall
1. annually review the authority’s assets to determine whether assets of the authority exceed an amount required to fulfill the purposes of the authority as defined in this chapter; in making its review, the authority shall determine whether, and to what extent, assets in excess of the amount required to fulfill the purposes of the authority during at least the next fiscal year are available without
  1. breaching any agreement entered into by the authority;
  2. materially impairing the operations or financial integrity of the authority; or
  3. materially affecting the ability of the authority to fulfill the authority’s purposes set out in AS 44.88.070 ; and
2. make available to the legislature by January 10 of each year a complete accounting of all assets of the authority and a report of the review and determination made under (1) of this subsection; the accounting shall be audited by the auditor who conducts the audit required by AS 44.88.200 and must include a full description of all loan interest and principal payments and program receipts, including
  1. loan commitment fees received by or accrued to the authority during the preceding fiscal year; and
  2. all income earned on assets of the authority during that period.

History. (§ 68 ch 106 SLA 1980; am §§ 2, 3 ch 12 SLA 1991; am § 8 ch 111 SLA 1996)

Revisor’s notes. —

Formerly AS 44.61.205. Renumbered in 1980.

Sec. 44.88.210. Reports and publications.

By January 10 of each year, the authority shall publish a report for distribution to the governor, legislature, and the public. The authority shall notify the legislature that the report is available. The report shall be written in easily understandable language. The report must include a financial statement audited by an independent outside auditor, a statement of the authority’s investments under this chapter including an appraisal of the investments at market value, a comparison of the authority’s performance with the goals of the authority and the levels of bonding and investment activities anticipated in the previous year’s report under (b) of this section, and any other information the members of the authority believe would be of interest to the governor, the legislature, and the public. The annual income statement and balance sheet of the authority shall be published in at least one newspaper in each judicial district. The authority may also publish other reports it considers desirable to carry out its purpose.
The authority must include in its annual report under (a) of this section
1. an estimate of the investment activity of the authority under this chapter for the following 12-month period; and
2. an estimate of the amount of bonds to be issued during the following 12-month period.

History. (§ 1 ch 64 SLA 1967; am § 69 ch 106 SLA 1980; am § 102 ch 21 SLA 1995)

Revisor’s notes. —

Formerly AS 44.61.210. Renumbered in 1980.

Cross references. —

For provision requiring the Alaska Industrial Development and Export Authority to report quarterly, until June 30, 2025, to the legislature concerning the Interior energy project and to provide a briefing on the Interior energy project to the Legislative Budget and Audit Committee, see secs. 13 - 14, ch. 39, SLA 2015.

Sec. 44.88.212. Fees charged by authority; prepayments.

[Repealed, § 23 ch 123 SLA 1990.]
The commitment fee for a loan commitment by the authority may not exceed two percent of the principal amount of the loan.
The authority may not limit, or charge a fee or penalty for, prepayment of a loan after five years from the inception of the loan.

History. (§ 34 ch 115 SLA 1981; am § 38 ch 42 SLA 1987; am § 23 ch 123 SLA 1990)

Revisor’s notes. —

Enacted as AS 44.88.085 . Renumbered in 1981.

Administrative Code. —

For conduit revenue bond program, see 3 AAC 99, art. 1.

For tax-exempt loan participation program, see 3 AAC 99, art. 2.

For taxable loan participation program, see 3 AAC 99, art. 3.

Sec. 44.88.215. Confidentiality of records and information.

In order to promote the purposes of this chapter, unless the records or information were a matter of public record before submittal to the authority, the following records and information shall be kept confidential if the person supplying the records or information or the project, bond, loan, or guarantee applicant or borrower requests confidentiality and makes an adequate showing to the executive director of the authority that the records or information are
1. income tax returns;
2. financial statements, profit-and-loss statements, and cash flow projections, except the information required by the authority to calculate debt service coverage on the loan;
3. financial business plans;
4. credit reports from consumer reporting agencies and other credit information obtained from banks, creditors, or other credit reporting entities;
5. trade secrets, including confidential proprietary information and confidential information about products, pricing, or manufacturing or business processes;
6. appraisals, except the name of the appraiser, the date of the appraisal, and the fair market value determined for the property appraised;
7. market surveys and marketing strategy information; or
8. any information required to be kept confidential by a federal law or regulation or by state law.
Information compiled by the authority from information described in (a) of this section shall be kept confidential unless disclosure is authorized by the person supplying the information and by the project, bond, loan, or guarantee applicant or borrower.
The records and information that the executive director of the authority determines to be confidential under (a) or (b) of this section are not public records under AS 40.25.110 — 40.25.220 .
Nothing in this section shall prevent a legislator from reviewing information otherwise confidential under this section if the legislator has a valid legislative purpose for reviewing the information and if the legislator agrees to maintain the confidentiality of the information.

History. (§ 8 ch 109 SLA 1998; am §§ 5, 6 ch 71 SLA 2010)

Revisor’s notes. —

In 2000, “AS 40.25.110 — 40.25.220 ” was substituted for “AS 09.25.110 — 09.25.220 ” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.220 .

Effect of amendments. —

The 2010 amendment, effective June 12, 2010, rewrote the introductory language of (a), which read, “In order to promote the purposes of AS 44.88, unless the records were a matter of public record before submittal to the authority, the following records, files, and information shall be kept confidential upon the request of the person supplying the information or upon the request of the project, bond, loan, or guarantee applicant or borrower:”; in (a)(5), added “, including confidential proprietary information and confidential information about products, pricing, or manufacturing or business processes” following “trade secrets”; in (a)(7), substituted “or” for “and” at the end; rewrote (c), which read, “The information that is determined to be confidential under (a) or (b) of this section is not a public record under AS 40.25.110 — 40.25.220 .”

Legislative history reports. —

For governor’s transmittal letter for ch. 71, SLA 2010 (HB 90), amending (a) and (c) of this section, see 2009 House Journal 95 — 97.

Notes to Decisions

Cited in

Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Sec. 44.88.220. [Renumbered as AS 44.88.900.]

Secs. 44.88.300 — 44.88.370. Export assistance. [Repealed, § 21 ch 109 SLA 1998.]

Sec. 44.88.380. Personal liability.

An officer, employee, or agent of the authority may not be held personally liable in a civil action for damages for an act done or omitted in good faith while performing the functions of office, employment, or agency under this chapter.

History. (§ 42 ch 42 SLA 1987)

Sec. 44.88.390. Export insurance account. [Repealed, § 21 ch 109 SLA 1998.]

Article 5. Small Business Economic Development Revolving Loan Fund.

Administrative Code. —

For small business economic development loan program, see 3 AAC 99, art. 8.

Sec. 44.88.400. Creation of a small business economic development revolving loan fund.

There is created in the authority a small business economic development revolving loan fund to carry out the purposes of AS 44.88.400 — 44.88.430 , including the administration of a revolving loan fund qualified to receive revolving loan fund grants from the United States Economic Development Administration (EDA) under Title IX of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3121 et seq.). All money granted to the authority by the United States Economic Development Administration, all money appropriated to the fund, all principal and interest payments, and all money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under AS 44.88.400 — 44.88.430 shall be paid into the small business economic development revolving loan fund.

History. (§ 42 ch 42 SLA 1987)

Sec. 44.88.410. Special account established.

There is established as a special account within the small business economic development revolving loan fund the foreclosure expense account. This account is established as a reserve from fund equity.
The authority may expend money credited to the foreclosure expense account when necessary to protect the authority’s security interest in collateral on loans made under AS 44.88.420 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.

History. (§ 42 ch 42 SLA 1987)

Sec. 44.88.420. Powers and duties of the authority.

The authority may
1. accept United States Economic Development Administration revolving fund grants;
2. make loans to eligible applicants under the United States Economic Development Administration Long-Term Economic Deterioration (LTED) and Sudden and Severe Economic Dislocation (SSED) programs;
3. designate agents and delegate powers to them as necessary;
4. adopt regulations necessary to carry out its functions and to administer programs under United States Economic Development Administration guidelines, including regulations to establish reasonable fees for services provided;
5. establish amortization plans for the repayment of loans that may include extensions; and
6. charge and collect the fees established under this subsection.
[Repealed, § 28 ch 90 SLA 1991.]

History. (§ 42 ch 42 SLA 1987; am § 28 ch 90 SLA 1991)

Cross references. —

For other powers of the authority, see AS 44.88.080 and 44.88.560 .

Administrative Code. —

For small business economic development loan program, see 3 AAC 99, art. 8.

Sec. 44.88.430. Disposal of property acquired by default or foreclosure.

The authority shall dispose of property acquired through default or foreclosure on a loan made under AS 44.88.400 — 44.88.430 . Disposal shall be made in a manner that serves the best interests of the state and may include the amortization of payments over a period of years.

History. (§ 42 ch 42 SLA 1987)

Article 6. Business and Export Assistance Program.

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

For rural development initiative fund, see 3 AAC 170.

Sec. 44.88.500. Business and export assistance guarantees.

Subject to the requirements of AS 44.88.500 — 44.88.599 , the authority may

guarantee new business and export assistance loans; and
guarantee new business and export assistance loans made to refinance existing loans.

History. (§ 2 ch 162 SLA 1988; am § 9 ch 111 SLA 1996; am § 9 ch 109 SLA 1998)

Sec. 44.88.502. Effect of guarantee.

A guarantee under AS 44.88.500 — 44.88.599 does not create a debt or liability of the state.
A guarantee under AS 44.88.500 may not be terminated, canceled, or revoked except under its terms. A guarantee held by a participating financial institution is presumed to be valid.
A guarantee or portion of a guarantee under AS 44.88.500 that relates to an export transaction must guarantee against commercial and political loss, in whole or in part, of principal and interest. The authority may require the borrower to obtain insurance against some or all of the loss guaranteed under AS 44.88.500 . In this subsection, “political loss” means a loss incurred as a result of
1. a political risk that would be insurable under an export credit insurance policy issued by the Export-Import Bank of the United States; or
2. any other political risk that is actually insured under insurance the authority requires the borrower to obtain.

History. (§ 10 ch 109 SLA 1998)

Sec. 44.88.505. Qualifications of applicant for new loan guarantee.

A business enterprise may apply for a new loan guarantee under AS 44.88.500 (1).
The authority may establish additional applicant qualifications by regulation. These qualifications may vary depending upon the type of business the applicant is engaged in.

History. (§ 2 ch 162 SLA 1988; am § 11 ch 109 SLA 1998)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.510. Application for new loan guarantee.

An applicant for a new loan guarantee shall provide information that the authority may require by regulation. The authority may require submission of an economic benefit analysis prepared by a person acceptable to the authority.

History. (§ 2 ch 162 SLA 1988)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.515. Qualifications of applicant for debt refinancing guarantee.

A business enterprise may apply under AS 44.88.500 (2) to guarantee the refinancing of existing debt.

History. (§ 2 ch 162 SLA 1988; am § 12 ch 109 SLA 1998)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.520. Application for debt refinancing guarantee.

An applicant for a debt refinancing guarantee shall provide the information that the authority may require by regulation.

History. (§ 2 ch 162 SLA 1988)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.525. Conditions of debt refinancing guarantee.

The authority may not guarantee refinanced debt

unless the refinancing
1. is necessary to extend substantial debt payments over a longer period of time, thereby improving the applicant’s net cash flow and working capital position consistent with the useful life of the assets being refinanced;
2. assists with short-term debt or cash expenditures when lenders will not extend reasonable longer terms to the applicant; and
3. creates additional economic opportunity or improves the viability of the borrower rather than just reducing the liability of the lender; or
unless the refinancing is necessary to place a permanent loan subsequent to an interim loan for financing of the project.

History. (§ 2 ch 162 SLA 1988; am § 13 ch 109 SLA 1998)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.530. Applicability of AS 44.88.535 — 44.88.560.

AS 44.88.535 — 44.88.560 apply to new loan guarantees and refinancing guarantees under AS 44.88.500 .

History. (§ 2 ch 162 SLA 1988; am § 10 ch 111 SLA 1996)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.535. Conditions of loan guarantee.

The authority may guarantee a loan under AS 44.88.500 — 44.88.599 if the
1. loan
  1. is commercially reasonable;
  2. contains payment provisions satisfactory to the authority;
  3. is secured by adequate collateral; however, the authority may waive on a case-by-case basis the requirement of collateral for a loan guarantee of $100,000 or less for which the proposed loan term does not exceed five years, but the ability to waive the requirement of this subparagraph or the grant of a waiver does not prevent the financial institution that holds the loan guaranteed by the authority from requiring reasonable collateral for the loan;
2. borrower demonstrates the ability to repay the loan from either or both of the following:
  1. net cash flow from the borrower; and
  2. proceeds from the sale of current assets that are collateral for the loan if the sale, or receipt of proceeds from the sale, is an event that creates a payment obligation; in this subparagraph, “current asset” means property that will be or could be converted into cash in the normal operation of a business within one year;
3. term of the loan does not exceed 20 years;
4. loan is originated with and serviced by a state chartered or federally chartered financial institution;
5. portion of the loan not guaranteed by the authority is held by the originating financial institution or another institution approved by the authority;
6. loan is made to a business with a majority interest held by state residents; and
7. loan guarantee provides a benefit to the borrower.
The authority may provide a guarantee of up to 80 percent of a loan that qualifies under AS 44.88.500 — 44.88.599 . The ratio of the guarantee to the outstanding principal of the loan may not increase over the term of the loan.
The authority may guarantee the payment of interest on the guaranteed portion of a loan
1. in the manner established by the authority by regulation; and
2. for a period of time not to exceed
  1. 90 days for loans or parts of loans not made to support an export transaction;
  2. 180 days for loans or parts of loans made for a post-shipment loan guarantee to support an export transaction; in this subparagraph, “post-shipment loan guarantee” means a guarantee, or portion of a guarantee, that becomes effective after the export contract date that shipment of the related goods or raw materials or provision of the related services begins; or
  3. 270 days for loans or parts of loans made for a pre-shipment loan guarantee to support an export transaction; in this subparagraph, “pre-shipment loan guarantee” means a guarantee, or part of a guarantee, that becomes effective before the export contract date that shipment of the related goods or raw materials or provision of the related services begins.

History. (§ 2 ch 162 SLA 1988; am § 17 ch 123 SLA 1990; am §§ 2, 3 ch 25 SLA 1991; am § 11 ch 51 SLA 1992; am § 11 ch 111 SLA 1996; am §§ 14, 15 ch 109 SLA 1998)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Editor’s notes. —

Section 5, ch. 25, SLA 1991 provides that “for a loan of $50,000 or less for which a loan guarantee was made from the business assistance fund of the Alaska Industrial Development and Export Authority before June 11, 1991, the authority may not increase the ratio of the guarantee to the outstanding principal of the loan in effect on June 11, 1991 over the term of the loan.”

Sec. 44.88.540. Limitations of guarantees.

The authority may not issue a total of more than

$50,000,000 of loan guarantees;
$25,000,000 of loan guarantees in which the amount of the loan guarantee exceeds $500,000.

History. (§ 2 ch 162 SLA 1988; am § 12 ch 111 SLA 1996)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.542. Discounted loan purchases. [Repealed, § 21 ch 111 SLA 1996.]

Sec. 44.88.545. Limitations of guarantees with respect to borrowers.

The authority may not provide a guarantee

of more than $1,000,000;
to an individual borrower that cumulatively, with the outstanding principal balance of other authority guaranteed indebtedness of that borrower, exceeds $1,000,000.

History. (§ 2 ch 162 SLA 1988; am § 19 ch 123 SLA 1990; am § 16 ch 109 SLA 1998)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.550. Interest on guaranteed loan.

The maximum interest rate that may be charged by a financial institution on a loan guaranteed by the authority is two and three-quarters percentage points above the prime rate.
If provision is made in the loan guarantee agreement, the interest rate on a loan guaranteed by the authority may increase or decrease in accordance with the changes in the prime rate.

History. (§ 2 ch 162 SLA 1988; am §§ 12, 13 ch 51 SLA 1992; am § 13 ch 111 SLA 1996)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.555. Servicing of guaranteed loans.

The financial institution that holds a loan guaranteed by the authority under AS 44.88.500 — 44.88.599 shall
1. service the loan;
2. exercise diligence in collecting amounts due under the loan; and
3. comply with all requirements of the loan guarantee agreement.
Amounts received toward satisfaction of a default on a loan guaranteed under AS 44.88.500 — 44.88.599 shall be allocated between the lender and the fund according to the guaranteed percentage of the loan until the principal balance and accrued interest have been repaid.

History. (§ 2 ch 162 SLA 1988; am § 17 ch 109 SLA 1998)

Sec. 44.88.560. Powers of the authority.

The authority may

adopt regulations to implement AS 44.88.500 — 44.88.599 ;
establish terms and conditions for loan guarantees and refinancing agreements subject to the requirements of AS 44.88.500 — 44.88.599 ;
make and execute contracts and other instruments to implement AS 44.88.500 — 44.88.599 ;
charge reasonable fees that the authority may establish by regulation for the service it provides under AS 44.88.500 — 44.88.599 ;
acquire real or personal property by purchase, transfer, or foreclosure when the acquisition is necessary to protect the authority’s interest in a loan or a loan guarantee;
exercise any other power necessary to implement AS 44.88.500 — 44.88.599 ; and
to the extent the authority considers it to be in its best interest to do so, use money to pay expenses relating to the liquidation of collateral securing loans guaranteed by the authority.

History. (§ 2 ch 162 SLA 1988; am § 20 ch 123 SLA 1990; am § 14 ch 111 SLA 1996; am § 18 ch 109 SLA 1998)

Cross references. —

For other powers of the authority, see AS 44.88.080 and 44.88.420 .

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.570. Distribution of loans.

The authority shall distribute guarantees of new loans and guarantees of loans made to refinance existing loans under AS 44.88.500 — 44.88.599 to all regions of the state in an equitable manner.

History. (§ 2 ch 162 SLA 1988)

Administrative Code. —

For business assistance program, see 3 AAC 99, art. 7.

Sec. 44.88.599. Definitions.

In AS 44.88.500 — 44.88.599

“export transaction” means a contract for the sale of goods, services, or raw materials that includes a term that requires the goods, services, or raw materials, in whole or in part, to be shipped to or provided in a foreign country.
“prime rate” means the lowest United States money center prime rate of interest that is published in the Wall Street Journal.

History. (§ 2 ch 162 SLA 1988; am §§ 15, 21 ch 111 SLA 1996; am § 19 ch 109 SLA 1998)

Revisor’s notes. —

Paragraph (1) was enacted as (3). Renumbered in 1998.

Article 7. Rural Development Initiative Fund.

Administrative Code. —

For rural development initiative fund, see 3 AAC 99, art. 9.

Sec. 44.88.600. Rural development initiative fund.

The rural development initiative fund is created in the authority outside of the revolving fund. The rural development initiative fund is a fund for the uses and purposes of AS 44.88.600 — 44.88.620 . The rural development initiative fund consists of money or assets appropriated or transferred to the authority for the purposes of this section, and of loan repayments, interest, or other income earned on loans or investments of the fund. In addition, the authority may deposit other assets into the fund if the total value of those deposits does not exceed $2,000,000. The authority, in its discretion, may transfer money or other assets from the rural development initiative fund to the revolving fund.

History. (§ 11 ch 117 SLA 2000)

Administrative Code. —

For rural development initiative fund, see 3 AAC 99, art. 9.

Sec. 44.88.610. Rural development loans.

The authority may use money from the rural development initiative fund to make loans of up to $150,000 to a person, or loans of up to $300,000 to two or more persons, to be used for working capital, equipment, construction, or other commercial purposes by a business located in a community with a population of 5,000 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 2,000 or less that is connected by road or rail to Anchorage or Fairbanks. For purposes of this subsection,
1. “community” means a city as defined in AS 29.71.800 or a place in the unorganized borough that is not incorporated as a city and in which 25 or more individuals reside as a social unit; and
2. “connected by road” does not include a connection by the Alaska marine highway system.
The authority shall require collateral for each loan made under this section and shall require that a reasonable amount of money from other nonstate sources be committed for use on any project or enterprise for which money from a loan will be used. The authority by regulation may establish other conditions for loans. The authority shall by regulation establish rates of interest that are not less than four percent a year and terms of repayment for loans made under this section.

History. (§ 11 ch 117 SLA 2000; am § 4 ch 121 SLA 2002; am § 13 ch 12 SLA 2008; am § 5 ch 69 SLA 2010)

Administrative Code. —

For rural development initiative fund, see 3 AAC 99, art. 9.

Effect of amendments. —

The 2008 amendment, effective April 9, 2008, rewrote paragraph (a)(1).

The 2010 amendment, effective September 9, 2010, in the introductory language of (a), substituted “loans of up to $150,000” for “a loan of up to $100,000” and “loans of up to $300,000” for “a loan of up to $200,000”, deleted the second sentence, which read, “A person who has received a loan under this subsection may not be granted another loan until after the original loan is entirely repaid.”; in (b), substituted “not less than four percent a year” for “not less than six percent a year” in the third sentence.

Legislative history reports. —

For governor’s transmittal letter for ch. 69, SLA 2010 (SB 300), proposing amendments to subsection (a) of this section to modify limitations on use of the Authority’s rural development initiative fund, see 2010 Senate Journal 1661 — 1663.

Sec. 44.88.620. Disposal of property acquired by default or foreclosure.

The authority shall dispose of property acquired through default or foreclosure of a loan made from the rural development initiative fund. Disposal shall be made in a competitive manner that serves the best interests of the state, and may include the amortization of payments over a period of years. Proceeds from the disposal of property under this section shall be deposited into the fund.

History. (§ 11 ch 117 SLA 2000)

Administrative Code. —

For rural development initiative fund, see 3 AAC 99, art. 9.

Article 8. Sustainable Energy Transmission and Supply.

Sec. 44.88.650. Sustainable energy transmission and supply development program.

The sustainable energy transmission and supply development program is created in the authority to promote and provide financing for qualified energy development in the state to alleviate unemployment and contribute to the state’s economic welfare, economic diversity, and economic development.

History. (§ 12 ch 60 SLA 2012)

Revisor’s notes. —

Enacted as AS 44.88.700 ; renumbered in 2012.

Sec. 44.88.660. Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund.

The Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund is established in the authority. The development fund consists of appropriations made to the development fund by the legislature, money or other assets transferred to the development fund by a vote of the members of the authority under AS 44.88.050 from any other fund controlled by the authority, and unrestricted loan repayments, interest, or other income earned on loans, investments, or assets of the development fund. The development fund is not an account in the revolving fund established in AS 44.88.060 , and the authority shall account for the development fund separately from the revolving fund. The authority may create additional accounts in the development fund. Subject to agreements made with the holders of the authority’s bonds or with other persons, the authority may transfer amounts in an account in the development fund to another account in the development fund. Amounts deposited in the development fund may be pledged to the payment of bonds of the authority or expended for the purposes of AS 44.88.650 — 44.88.690 . The authority has the powers and responsibilities established in AS 37.10.071 with respect to the investment of amounts held in the development fund.

History. (§ 12 ch 60 SLA 2012; am § 1 ch 20 SLA 2014)

Revisor's notes. —

Enacted as AS 44.88.710 and renumbered in 2012, at which time “AS 44.88.650 — 44.88.690 ” was substituted for “AS 44.88.700 — 44.88.740 ” to reflect the renumbering of those sections.

Cross references. —

For a provision authorizing financing of a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska, see sec. 11, ch. 26, SLA 2013 in the 2013 Temporary and Special Acts.

For provisions amending sec. 11, ch. 26, SLA 2013 relating to an Interior natural gas project and providing legislative intent, see secs. 1 and 9 — 10, ch. 39, SLA 2015.

For provision amending sec. 11(f), ch. 26, SLA 2013, to extend bonding authority from July 1, 2018, to July 1, 2023, see sec. 12, ch. 64, SLA 2018, in the 2018 Temporary and Special Acts.

Effect of amendments. —

The 2014 amendment, effective September 14, 2014, substituted “the development fund by a vote of the members of the authority under AS 44.88.050 from any other fund controlled by the authority,” for “the development fund by the authority”.

Legislative history reports. —

For governor’s transmittal letter concerning ch. 26, SLA 2013 (SB 23), authorizing financing of a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska, see 2013 Senate Journal 40 — 42.

Sec. 44.88.670. Use of fund balance.

Subject to the requirements of AS 44.88.650 — 44.88.690 , the authority may use money in the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund (AS 44.88.660 ) to assist in the construction, improvement, rehabilitation, and expansion of qualified energy development.

History. (§ 12 ch 60 SLA 2012)

Revisor’s notes. —

Enacted as AS 44.88.720 ; renumbered in 2012, at which time “AS 44.88.660 ” was substituted for “AS 44.88.710 ” and “AS 44.88.650 — 44.88.690 ” was substituted for “AS 44.88.710 — 44.88.740 ” to reflect the renumbering of those sections.

Sec. 44.88.680. Qualified energy development; powers and duties of the authority.

Subject to the limitations of AS 44.88.690 , for qualified energy development, the authority may
1. use the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund (AS 44.88.660 ) to finance qualified energy development, insure project obligations, guarantee loans or bonds, and establish reserves;
2. acquire real or personal property by purchase, transfer, or foreclosure when the acquisition is necessary to protect the authority’s interest in financing;
3. defer principal payments or capitalize interest on qualified energy development financing;
4. subject to AS 36.30.085(e) , enter into lease agreements, sales-lease-back agreements, build-operate-transfer and operate-transfer agreements, or any similar project financing agreement for a qualified energy development;
5. enter into agreements with government entities for the transfer and control of infrastructure, facilities, rights-of-way, and studies;
6. contract for services with a professional advisor, including an attorney, bond counsel, engineer, or other technical expert necessary to fulfill the purposes of the program;
7. subject to AS 44.88.090 , borrow money and issue bonds; and
8. pay off the principal of and interest on bonds issued by a municipality to acquire, construct, improve, or equip a public utility if the municipality continues to pay the authority the bond payments due under the terms of the bonds; the authority shall retain the payments from the municipality in a sinking fund, and the municipality may apply to use the funds for qualified energy development.
The authority shall adopt regulations to implement AS 44.88.650 — 44.88.690 , including
1. an application process for acquiring financing under this section;
2. qualifications for qualified energy development projects applying for financing under this section; and
3. fiscal controls and accounting procedures for the development fund.

History. (§ 12 ch 60 SLA 2012)

Revisor’s notes. —

Enacted as AS 44.88.730 ; renumbered in 2012, at which time “AS 44.88.660 ” was substituted for “AS 44.88.710 ” in (a) and “AS 44.88.650 — 44.88.690 ” was substituted for “AS 44.88.700 — 44.88.740 ” in (a) and (b) to reflect the renumbering of those sections.

Sec. 44.88.690. Limitations on financing; use as security.

Unless the authority has obtained legislative approval by law, the authority may not use the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund established in AS 44.88.660 to
1. make a loan for more than one-third of the capital cost of qualified energy development;
2. make a loan guarantee if the amount of the guarantee exceeds $20,000,000; or
3. purchase or acquire gas reserves or a gas lease or become a working interest owner of a natural gas lease.
Financing under AS 44.88.680 is limited to the life of qualified energy development, which may not be more than
1. 30 years; or
2. 50 years for a transmission line or hydroelectric qualified energy development.
Notwithstanding (a) of this section, the authority may use the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund established in AS 44.88.660 as security for a bond guarantee.

History. (§ 12 ch 60 SLA 2012; am §§ 2, 3 ch 20 SLA 2014; am § 7 ch 39 SLA 2015)

Revisor's notes. —

Enacted as AS 44.88.740 ; renumbered in 2012, at which time “AS 44.88.680 ” was substituted for “AS 44.88.730 ” to reflect the renumbering of that section.

Cross references. —

For provision granting legislative approval to exceed the limitations of this section in providing financing for a liquefied natural gas production plant on the North Slope and distribution system in Interior Alaska, see sec. 11, ch. 26, SLA 2013 in the 2013 Temporary and Special Acts.

For provisions amending sec. 11, ch. 26, SLA 2013 relating to an Interior natural gas project and providing legislative intent, see secs. 1 and 9 — 10, ch. 39, SLA 2015.

For provision amending sec. 11(f), ch. 26, SLA 2013, to extend bonding authority from July 1, 2018, to July 1, 2023, see sec. 12, ch. 64, SLA 2018, in the 2018 Temporary and Special Acts.

Effect of amendments. —

The 2014 amendment, effective September 14, 2014, in the introductory language in (a), substituted “use the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund established in AS 44.88.660 to make” for “finance or participate in financing of”, added “a loan for” at the beginning of (a)(1), in (a)(2), substituted “if the amount of the guarantee exceeds” for “that exceeds”; added (c).

The 2015 amendment, effective July 1, 2015, in (a), added (a)(3) and made stylistic and related changes.

Legislative history reports. —

For governor’s transmittal letter concerning ch. 39, SLA 2015 (HB 105), see 2015 House Journal 188 - 192.

Article 9. New Markets Tax Credit Assistance Guarantee and Loan Program.

Sec. 44.88.700. New markets tax credit assistance guarantees and loans.

Subject to the requirements of AS 44.88.700 — 44.88.799 , the authority may
1. guarantee new markets tax credit assistance leveraged loans; and
2. make new markets tax credit assistance leveraged loans.
New markets tax credit assistance guarantees and loans are limited to projects in the state for which new markets tax credits are allocated by a qualified community development entity.
The authority shall determine that the project will promote economic development in the state before guaranteeing a leveraged loan or making a leveraged loan under AS 44.88.700 — 44.88.799 .
The authority may agree to restrictions and guidelines arising from the federal new markets tax credit program, including, for the seven-year tax credit period of the new markets tax credit project,
1. that interest only payments be made on the leveraged loan;
2. that substantially all capital remain invested in the project;
3. that acceptable collateral may be an interest in a qualified community development entity or an investment entity rather than in the project; and
4. substantive restrictions on foreclosure of collateral.

History. (§ 2 ch 61 SLA 2012)

Cross references. —

For federal new markets tax credits program, see 26 U.S.C. 45D.

Sec. 44.88.710. Effect of guarantee.

A guarantee under AS 44.88.700 — 44.88.799 does not create a debt or liability of the state.
A guarantee under AS 44.88.700(a)(1) may not be terminated, cancelled, or revoked except under its terms. A guarantee held by a participating financial institution is presumed to be valid.

History. (§ 2 ch 61 SLA 2012)

Sec. 44.88.715. Qualifications of applicant for new loan guarantee.

A business enterprise that qualifies for new markets tax credits for a project may apply for a loan guarantee under AS 44.88.700(a)(1) .
The authority may establish additional applicant qualifications by regulation. Those qualifications may vary depending on the type of business in which the applicant is engaged.

History. (§ 2 ch 61 SLA 2012)

Sec. 44.88.720. Application for loan guarantee.

An applicant for a loan guarantee shall provide information that the authority may require by regulation. The authority may require submission of an economic benefit analysis prepared by a person acceptable to the authority.

History. (§ 2 ch 61 SLA 2012)

Sec. 44.88.730. Conditions of loan guarantee.

The authority may guarantee a loan under AS 44.88.700 — 44.88.799 if the
1. loan
  1. is commercially reasonable;
  2. contains payment provisions satisfactory to the authority; and
  3. is secured by acceptable collateral;
2. project
  1. is allocated new markets tax credits by a qualified community development entity;
  2. promotes economic development in the state; and
  3. is not a housing project;
3. borrower demonstrates the ability to repay the loan from either or both of the following:
  1. net cash flow of the borrower;
  2. proceeds from the sale of current assets that are collateral for the loan if the sale or receipt of proceeds from the sale is an event that creates a payment obligation; in this subparagraph, “current asset” means property that will be or could be converted into cash within one year in the normal operation of a business;
4. term of the loan does not exceed 10 years;
5. loan is originated with and serviced by a financial institution.
The authority may provide a guarantee for up to 100 percent of a loan that qualifies under AS 44.88.700 — 44.88.799 .

History. (§ 2 ch 61 SLA 2012)

Sec. 44.88.740. Servicing of guaranteed loans.

The financial institution that holds a loan guaranteed by the authority under AS 44.88.700 — 44.88.799 shall
1. service the loan;
2. exercise diligence in collecting amounts due under the loan; and
3. comply with all requirements of the loan guarantee agreement.
Amounts received toward satisfaction of a default on a loan guaranteed under AS 44.88.700 — 44.88.799 shall be allocated between the lender and the revolving fund according to the guaranteed percentage of the loan until the principal balance and accrued interest have been repaid.

History. (§ 2 ch 61 SLA 2012)

Sec. 44.88.750. New markets tax credit assistance leveraged loan.

The authority may make a new markets tax credit assistance leveraged loan under AS 44.88.700(a)(2) only if the authority determines that an applicant for a new markets tax credit assistance guarantee is unable to obtain a leveraged loan from a financial institution under commercially reasonable terms. Before making the determination, the authority shall require the applicant to document that at least two financial institutions have reviewed an application for a leveraged loan for which the authority would issue a new markets tax credit assistance guarantee for the loan, and either rejected the application or approved the application subject to terms the authority determines are commercially unreasonable. The authority may require the applicant to submit applications for a leveraged loan to one or more additional financial institutions.
Subject to (a) of this section, the authority may make a new markets tax credit assistance leveraged loan under AS 44.88.700 — 44.88.799 to the applicant to finance a portion of the project using funds from the enterprise development account (AS 44.88.155 ).

History. (§ 2 ch 61 SLA 2012)

Sec. 44.88.760. Limitations of guarantees and leveraged loans.

The combined outstanding principal balance of loan guarantees and loans under AS 44.88.700 — 44.88.799 may not exceed $40,000,000.

History. (§ 2 ch 61 SLA 2012)

Sec. 44.88.770. Powers of the authority.

The authority may

adopt regulations to implement AS 44.88.700 — 44.88.799 ;
establish terms and conditions for loan guarantees and loans, subject to the requirements of AS 44.88.700 — 44.88.799 ;
make and execute contracts and other instruments to implement AS 44.88.700 — 44.88.799 ;
charge reasonable fees and interest rates that the authority may establish by regulation for the service it provides under AS 44.88.700 — 44.88.799 ;
acquire real or personal property by purchase, transfer, or foreclosure when the acquisition is necessary to protect the authority’s interest in a loan or a loan guarantee;
exercise any other power necessary to implement AS 44.88.700 — 44.88.799 ; and
to the extent the authority considers it to be in its best interest to do so, use money to pay expenses relating to the liquidation of collateral securing loans guaranteed or made by the authority under AS 44.88.700 — 44.88.799 .

History. (§ 2 ch 61 SLA 2012)

Sec. 44.88.799. Definitions.

In AS 44.88.700 — 44.88.799 ,

“federal new markets tax credit program” means the program administered by the Community Development Financial Institutions Fund that arises out of 26 U.S.C. 45D (Internal Revenue Code) and related regulations;
“new markets tax credit” means tax credits that arise out of 26 U.S.C. 45D (Internal Revenue Code) and related regulations;
“new markets tax credit assistance leveraged loan” and “leveraged loan” mean a loan made into an investment entity, the proceeds of which, together with other funds, including tax credit equity, are invested as a qualified equity investment in a qualified community development entity that will use the funds to finance a project for which the entity allocates new markets tax credits;
“qualified community development entity” has the meaning given in 26 U.S.C. 45D(c) (Internal Revenue Code) and related regulations;
“qualified equity investment” means an equity investment in a qualified community development entity that satisfies the conditions described in 26 U.S.C. 45D(b) (Internal Revenue Code) and related regulations.

History. (§ 2 ch 61 SLA 2012)

Article 10. Arctic Infrastructure Development.

Effective dates. —

Section 10, ch. 93, SLA 2014, which enacted this article, took effect October 14, 2014.

Sec. 44.88.800. Arctic infrastructure development program.

The Arctic infrastructure development program is created in the authority to promote and provide financing for Arctic infrastructure development.

History. (§ 10 ch 93 SLA 2014)

Sec. 44.88.810. Arctic infrastructure development fund.

The Arctic infrastructure development fund is established in the authority. The fund consists of appropriations made to the fund by the legislature, money or other assets transferred to the fund by a majority vote of the members of the authority under AS 44.88.050 from any other fund controlled by the authority, and unrestricted loan repayments, interest, or other income earned on loans, investments, or assets of the fund. The fund is not an account in the revolving fund established in AS 44.88.060 , and the authority shall account for the fund separately from the revolving fund. The authority may create additional accounts in the fund. Subject to agreements made with the holders of the authority’s bonds or with other persons, the authority may transfer amounts in an account in the fund to another account in the fund. Amounts deposited in the fund may be pledged to the payment of bonds of the authority or expended for the purposes of AS 44.88.800 — 44.88.840 . The authority has the powers and responsibilities established in AS 37.10.071 with respect to the investment of amounts held in the fund.

History. (§ 10 ch 93 SLA 2014)

Sec. 44.88.820. Use of fund balance.

Subject to the requirements of AS 44.88.800 — 44.88.840 , the authority may use money in the Arctic infrastructure development fund (AS 44.88.810 ) for Arctic infrastructure development.

History. (§ 10 ch 93 SLA 2014)

Sec. 44.88.830. Qualified infrastructure development; powers and duties of the authority.

Subject to the limitations of AS 44.88.840 , for Arctic infrastructure development, the authority may
1. use the Arctic infrastructure development fund (AS 44.88.810 ) to finance Arctic infrastructure development, insure project obligations, guarantee loans or bonds, and establish reserves;
2. acquire real or personal property by purchase, transfer, or foreclosure when the acquisition is necessary to protect the authority’s interest in financing;
3. defer principal payments or capitalize interest on Arctic infrastructure development;
4. subject to AS 36.30.085(e) , enter into lease agreements, sales-lease-back agreements, build-operate-transfer and operate-transfer agreements, or any similar project financing agreement for a qualified Arctic infrastructure development;
5. enter into agreements with government entities for the transfer and control of infrastructure, facilities, rights-of-way, and studies;
6. contract for services with a professional advisor, including an attorney, bond counsel, engineer, or other technical expert necessary to fulfill the purposes of the program; and
7. subject to AS 44.88.090 , borrow money and issue bonds.
The authority shall adopt regulations to implement AS 44.88.800 — 44.88.840 , including
1. a process for acquiring financing under this section;
2. qualifications for Arctic infrastructure development projects applying for financing under this section; and
3. fiscal controls and accounting procedures for the fund.

History. (§ 10 ch 93 SLA 2014)

Sec. 44.88.840. Limitations on financing.

Unless the authority has obtained legislative approval by law, the authority may not use the Arctic infrastructure development fund established in AS 44.88.810 to make
1. a loan for more than one-third of the capital cost of an Arctic infrastructure development; or
2. a loan guarantee if the amount of the guarantee exceeds $20,000,000.
Financing under AS 44.88.830 is limited to the projected life of the Arctic infrastructure development, which may not be more than 40 years.
Notwithstanding (a) of this section, the authority may use the Arctic infrastructure development fund established in AS 44.88.810 as security for a bond guarantee.
The authority may guarantee a loan under AS 44.88.830 if the loan is made to a business with a majority interest held by state residents.

History. (§ 10 ch 93 SLA 2014)

Article 11. General Provisions.

Sec. 44.88.900. Definitions.

In this chapter,

“Arctic” means the area of the state north of the Arctic Circle, north and west of the boundary formed by the Porcupine, Yukon, and Kuskokwim Rivers, all contiguous seas, including the Arctic Ocean, and the Beaufort, Bering, and Chukchi Seas, and the Aleutian Chain;
“Arctic infrastructure development” means
1. the construction, improvement, rehabilitation, or expansion of a facility
  1. in the Arctic to aid in development or meet emergency response needs; or
  2. in the state if the construction, improvement, rehabilitation, or expansion supports or furthers the development of a facility in the Arctic; or
2. the purchase, construction, improvement, rehabilitation, or expansion of a shore-based plant, facility, equipment, or assets used in support of a fishery in the Arctic.
“authority” means the Alaska Industrial Development and Export Authority created by this chapter;
“business enterprise” means a single proprietorship, cooperative, corporation, firm, partnership, or other association of persons organized in any manner, for any credit worthy business purpose;
“development fund” means the Alaska Industrial Development and Export Authority sustainable energy transmission and supply development fund created in AS 44.88.660 ;
“development project” has the meaning given to “project” in (13)(A) and (D) — (H) of this section;
“development project financing” means money loaned by the authority or a guarantee of a loan, note, debt, or other financial obligation issued by the authority to fund or assist in funding a development project the authority does not intend to own and operate;
“federal agency” means the United States and any officer, department, agency or instrumentality of the United States;
“governing body of a political subdivision” means, when used with respect to the location of a project, the council of a city if the project is to be located in a city in the unorganized borough, or the assembly if the project is to be located in an organized borough or a unified municipality;
“lease” includes, when used as a noun, an interest in, or when used as a verb, the transfer of an interest in, property less than fee simple title, including, without limitation, when used as a noun, agreements to use or occupy property;
“loan participation” means the purchase of a portion of a loan from a financial institution if
1. the financial institution has obtained a commitment from the authority to purchase the portion of that loan before the financial institution has disbursed money as part of the loan to the borrower; or
2. the authority determines that purchasing a portion of a preexisting loan will resolve lending limits or reserve restrictions imposed on the financial institution by law or a state or federal regulatory agency, or by the financial institution if the internal lending limit or reserve restriction is acceptable to the authority;
“plant” or “facility” means real property, whether above or below mean high water, or an interest in it, and the buildings, improvements, and structures constructed or to be constructed on or in it, and may include roads, fixtures, machinery, and equipment on it or in it, and tangible personal property, regardless of whether the tangible personal property is attached to or connected with real property, if the owner has agreed not to remove the tangible personal property permanently from the state for the period the authority sets; “plant” or “facility” does not include work in process or stock in trade;
“project” means
1. a plant or facility used or intended for use in connection with making, processing, preparing, transporting, or producing in any manner, goods, products, or substances of any kind or nature or in connection with developing or utilizing a natural resource, or extracting, smelting, transporting, converting, assembling, or producing in any manner, minerals, raw materials, chemicals, compounds, alloys, fibers, commodities and materials, products, or substances of any kind or nature;
2. a plant or facility used or intended for use in connection with a business enterprise;
3. commercial activity by a business enterprise;
4. a plant or facility demonstrating technological advances of new methods and procedures and prototype commercial applications for the exploration, development, production, transportation, conversion, and use of energy resources;
5. infrastructure for a new tourism destination facility or for the expansion of a tourism destination facility; in this subparagraph, “tourism destination facility” does not include a hotel or other overnight lodging facility;
6. a plant or facility, other than a plant or facility described in (D) of this paragraph, for the generation, transmission, development, transportation, conversion, or use of energy resources;
7. a plant or facility that enhances, provides for, or promotes economic development with respect to transportation, communications, community public purposes, technical innovations, prototype commercial applications of intellectual property, or research;
8. a plant or facility used or intended for use as a federal facility, including a United States military, national guard, or coast guard facility;
9. infrastructure for an area that is designated as a military facility zone under AS 26.30;
“project applicant” means a business enterprise or enterprises proposing to
1. use or occupy a project; or
2. agree to permit others to use or occupy a project;
“project cost” or “cost of a project” means all or any part of the aggregate costs determined by the authority to be necessary to finance the construction, expansion, or acquisition of a project, including without limitation the cost of acquiring real or tangible personal property, and, in connection with real property, the cost of constructing buildings and improvements, the cost of constructing means of access to and from the project, the cost of constructing extensions of utility systems to the site of the project; the cost of a project includes, without limitation, the cost of financing the project, interest charges before, during or after construction, expansion, or acquisition of the project, costs related to the determination of the feasibility, planning, design or engineering of the project and, to the extent determined necessary by the authority, administrative expenses, the cost of machinery or equipment to be used in the operation of the project and expenses of installation, replacement or rehabilitation, and all other costs, charges, fees and expenses which may be determined by the authority to be necessary to finance the construction, expansion, or acquisition;
“qualified energy development” means a development in the state that involves
1. transmission, generation, conservation, storage, or distribution of heat or electricity;
2. liquefaction, regasification, distribution, storage, or use of natural gas; in this subparagraph,
  1. “distribution” does not include a natural gas pipeline project for transporting natural gas from the North Slope or Cook Inlet to market unless the pipeline has a diameter of 12 inches or less and transports the natural gas to Interior Alaska;
  2. “natural gas” includes propane or propane and air mixture;
3. distribution or storage of refined petroleum products;
“real property” means land and rights and interests in land, including, without limitation, interests less than full title such as easements, uses, leases, and licenses;
“revolving fund” means the Alaska Industrial Development and Export Authority revolving fund created in AS 44.88.060 ;
“trade secret” has the meaning given in AS 45.50.940 .

History. (§ 1 ch 64 SLA 1967; am §§ 4, 5 ch 64 SLA 1977; am § 70 ch 106 SLA 1980; am §§ 43 — 47, 51 ch 115 SLA 1981; am § 9 ch 162 SLA 1984; am §§ 39 — 41 ch 42 SLA 1987; am §§ 21 — 23 ch 123 SLA 1990; am §§ 14 — 16 ch 51 SLA 1992; am § 26 ch 18 SLA 1993; am §§ 16 — 18, 21 ch 111 SLA 1996; am § 20 ch 109 SLA 1998; am § 7 ch 73 SLA 2003; am § 7 ch 71 SLA 2010; am §§ 13 — 15 ch 7 SLA 2011; am § 3 ch 20 SLA 2012; am § 13 ch 60 SLA 2012; am § 10 ch 26 SLA 2013; am § 4 ch 20 SLA 2014; am § 11 ch 93 SLA 2014; am § 8 ch 39 SLA 2015)

Revisor’s notes. —

Formerly AS 44.61.220. Renumbered as AS 44.88.220 in 1980. Renumbered again in 1987.

Paragraphs reorganized in 1984, 1987, 1993, 2012, 2013, and 2014.

In 1992, “authority” was substituted for “corporation” in (10)(B) of this section to correct a manifest error in sec. 16, ch. 51, SLA 1992.

In 1992, in (12)(E) of this section, “for” was inserted after “or” to correct a clerical error in the preparation of sec. 15 of HC CSSB 226(FIN), which became sec. 15, ch. 51, SLA 1992.

In 2012, in paragraph (5), “AS 44.88.660 ” was substituted for “AS 44.88.710 ” to reflect the renumbering of that section.

The reference to “(13)(A) and (D) — (H)” in paragraph (6) was updated to reflect the renumbering of paragraphs in 2012 and 2014.

Paragraphs (1) and (2) were enacted as (18) and (19); renumbered in 2014.

Effect of amendments. —

The 2010 amendment, effective June 12, 2010, added (14).

The 2011 amendment, effective May 7, 2011, substituted “(9)(A) and (D) — (H)” for “(9)(A) and (D) — (F)” in (3), inserted “roads” near the middle of (8) (now (9)), and added (9)(G) and (9)(H).

The first 2012 amendment, effective July 1, 2012, added (9)(I) (now (10)(I)).

The second 2012 amendment, effective September 10, 2012, added (15) (now (3)) and (16) (now (13)).

The 2013 amendment, effective May 30, 2013, added the definition of “development project financing”.

The first 2014 amendment, effective September 14, 2014, in the introductory language in (16), substituted “development” for “project”.

The second 2014 amendment, effective October 14, 2014, added (1) and (2).

The 2015 amendment, effective July 1, 2015, rewrote (16)(B), which read, “liquefaction, regasification, distribution, storage, or use of natural gas except a natural gas pipeline project for transporting natural gas from the North Slope or Cook Inlet to market”.

Legislative history reports. —

For governor’s transmittal letter concerning ch. 39, SLA 2015 (HB 105), see 2015 House Journal 188 - 192.

Notes to Decisions

Cited in

Northern State Envtl. Ctr. v. Department of Natural Resources, 2 P.3d 629 (Alaska 2000).

Chapter 99. Miscellaneous Provisions and Policies.

Article 1. Miscellaneous Provisions.

Sec. 44.99.001. [Renumbered as AS 28.90.040.]

Sec. 44.99.002. Employment of radio stations.

The governor may employ one or more radio stations, located south of the Gulf of Alaska and suitable for distribution of news, executive proclamations and inquiries, information concerning the state, general information, and other matters suitable for broadcasting that the governor prescribes and that may be of service and benefit to the people to be served.

History. (§ 5-1-7 ACLA 1949)

Revisor’s notes. —

Formerly AS 44.19.080 . Renumbered in 1980.

Sec. 44.99.003. Qualifications of radio station.

A radio station used for the purposes set out in AS 44.99.002 shall

be licensed by the appropriate agency of the federal government to operate a broadcasting station of not less than 250 watt capacity in the state;
have operated radio broadcasting continuously for a least one year before the date of its employment by the governor and during this period have broadcast daily radio programs totaling at least 75 hours in each month;
have broadcast programs that have been received by the public over long wave radio receivers over a radius of at least 300 miles from the broadcasting station, and on demand shall furnish letters from the radio audience confirming reception within the required area;
have invested at least $20,000 in real estate, buildings, transmitters, power equipment, antenna, radio masts, musical instruments, office equipment and other property, used or useful in the operation of the radio station exclusively.

History. (§ 5-1-8 ACLA 1949; am § 100 ch 13 SLA 2019)

Revisor's notes. —

Formerly AS 44.19.090 . Renumbered in 1980.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (3), deleted “or telegrams” following “shall furnish letters”.

Sec. 44.99.004. Prescribing proof of capacity and suitability of station and of service and allotment of radio time.

The governor shall prescribe the proof required of the capacity and suitability of a station for broadcasting. The governor may prescribe the service to be given, except that the state may, at its option, use not less than six hours of the station’s time on the air for each $100 paid for the service. The total time to which the state is entitled shall be distributed over the period of one year. Not more than one hour may be used in any one day and not more than one-fifty-second of the total time in any one week. The governor may yield portions of the governor’s allotted use of time to the University of Alaska or to state officials. A state official, except the governor, may not be allotted or use time within 30 days before a primary or general election.

History. (§ 5-1-9 ACLA 1949)

Revisor’s notes. —

Formerly AS 44.19.100 . Renumbered in 1980.

Sec. 44.99.005. Cost of radio service.

The cost of the radio service is a lawful charge against the state treasury if the owner or operator of the station files an affidavit that the station has during the period covered by payment complied with AS 44.99.002 — 44.99.005 and has furnished the service.

History. (§ 5-1-10 ACLA 1949)

Revisor’s notes. —

Formerly AS 44.19.170. Renumbered in 1980.

Sec. 44.99.006. Agreement for an Alaska Maritime Academy.

The governor may enter into an agreement with the Federal Maritime Administration to provide for an Alaska Maritime Academy.

History. (§ 1 ch 127 SLA 1968)

Revisor’s notes. —

Formerly AS 44.19.115 . Renumbered in 1980.

Sec. 44.99.007. Emergency transfer of seat of government.

When, due to an emergency resulting from the effects of enemy attack or an imminent enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the state capital, the governor shall, as often as the exigencies of the situation require, declare by proclamation an emergency temporary location or locations for the seat of government at a place or places, inside or outside the state, that would not normally be considered military target sites and that the governor may consider advisable under the circumstances. The governor shall take such action and issue such orders as may be necessary for an orderly transition to the emergency temporary location or locations. The temporary location or locations shall remain the emergency seat of government until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.

History. (§ 1 ch 48 SLA 1962)

Revisor’s notes. —

Formerly AS 44.19.160. Renumbered in 1980.

Sec. 44.99.008. Validity of official action.

During the time the seat of government remains at the emergency temporary location or locations, all official acts now or hereafter required by law to be performed at the seat of government by an officer, agency, department, or authority of the state, including the convening and meeting of the legislature in regular or special session, shall be valid and binding when performed at the emergency temporary location or locations as if performed at the permanent location of the seat of government.

History. (§ 2 ch 48 SLA 1962)

Revisor’s notes. —

Formerly AS 44.19.170. Renumbered in 1980.

Sec. 44.99.009. Governor as prime sponsor. [Repealed, § 42 ch 12 SLA 2006.]

Sec. 44.99.010. Alaska Manpower Services Council. [Repealed, § 13 ch 43 SLA 1994.]

Sec. 44.99.020. Use of paper.

A state agency shall use both sides of paper when feasible. In this section, “state agency” means a department, institution, board, commission, division, authority, public corporation, or other administrative unit of the executive, legislative, or judicial branch of state government, including the University of Alaska, the Alaska Railroad Corporation, and legislative committees.

History. (§ 7 ch 175 SLA 1990; am § 133 ch 4 FSSLA 1992)

Sec. 44.99.030. Lobbying contracts prohibited.

Notwithstanding other provisions of law, the following entities may not contract with a person to pay the person money or other thing of value to lobby the state, a municipality of the state, or an agency of the state or municipality:
1. Alaska Aerospace Corporation;
2. Alaska Commercial Fishing and Agriculture Bank;
3. Alaska Energy Authority;
4. Alaska Housing Finance Corporation;
5. Alaska Industrial Development and Export Authority;
6. Alaska Medical Facility Authority;
7. Alaska Mental Health Trust Authority;
8. Alaska Municipal Bond Bank Authority;
9. Alaska Permanent Fund Corporation;
10. Alaska Railroad Corporation;
11. [Repealed, § 8 ch 2 SLA 2004.]
12. Alaska Seafood Marketing Institute;
13. Alaska Student Loan Corporation.
In this section,
1. “lobby a municipality or an agency of a municipality” means to engage in an activity for the purpose of influencing municipal legislative or administrative action if the activity is substantially the same as activity that would have required registration under AS 24.45.121 if the activity was for the purpose of influencing state legislative or administrative action;
2. “lobby the state or an agency of the state” means to engage in an activity for which registration is required under AS 24.45.121 .

History. (§ 46 ch 137 SLA 1996; am § 10 ch 29 SLA 1999; am § 8 ch 2 SLA 2004)

Revisor’s notes. —

In 2009, under § 2, ch. 60, SLA 2009, in this section “Alaska Aerospace Corporation” was substituted for “Alaska Aerospace Development Corporation”.

Sec. 44.99.040. Limitation on use of assets.

A state or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of
1. an order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to
  1. infringe on a person’s right, under the Second Amendment to the Constitution of the United States, to keep and bear arms;
  2. deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the Constitution of the State of Alaska or the Constitution of the United States; or
2. [Repealed, § 17 ch 8 SLA 2017.]
In this section,
1. “asset” means funds, facilities, equipment, services, or other resources of a state or municipal agency;
2. “state or municipal agency” means the University of Alaska, the Alaska Aerospace Corporation, the Alaska Housing Finance Corporation, the Alaska Industrial Development and Export Authority, the Alaska Energy Authority, the Alaska Railroad Corporation, or a department, institution, board, commission, division, council, committee, authority, public corporation, school district, regional educational attendance area, or other administrative unit of a municipality or of the executive, judicial, or legislative branch of state government, and includes employees of those entities.

History. (§ 1 ch 44 SLA 2008; am § 2 ch 52 SLA 2013; am § 17 ch 8 SLA 2017)

Effect of amendments. —

The 2013 amendment, effective June 21, 2013, rewrote the section, which formerly applied only to funds related to implementation of the federal REAL ID Act of 2005.

The 2017 amendment, effective May 20, 2017, repealed (a)(2).

Article 2. General State Policies.

Sec. 44.99.100. Declaration of state economic development policy.

To further the goals of a sound economy, stable employment, and a desirable quality of life, the legislature declares that the state has a commitment to foster the economy of Alaska through purposeful development of the state’s abundant natural resources and productive capacity. It is the legislature’s intent that this development
1. offer long-term benefits and increased employment to Alaskans by strengthening and diversifying the state’s economic base and encouraging new activities;
2. provide opportunities for increased personal income or reduced living costs by creating activity in economic sectors;
3. have a positive effect on the revenue needs and fiscal conditions of the state and local communities;
4. be undertaken after consideration of the social and economic views of citizens impacted by the development, and only after adequate protection is assured for Alaska’s environment.
To take advantage of investment opportunities afforded by Alaska’s abundant natural resources and productive capacity, the legislature finds that the state should undertake activities that serve as a catalyst to responsible economic development in the state for the benefit of its citizens. It is the policy of the state to
1. develop and provide information to domestic and foreign investors to use in evaluating project feasibility;
2. with cooperation from investors, identify constraints to orderly and beneficial economic development and work with government agencies to eliminate unnecessary impediments to economic development;
3. with cooperation from investors, identify constraints to economic development that would impede the extraction, production, and transport of resources to markets and manufactured products, and implement capital improvement or other programs to resolve the deficiencies;
4. provide a stable tax and regulatory climate that encourages expansion of the state’s economic base;
5. encourage “value-added” processing in the state;
6. improve the state’s domestic and international competitive position by offering economic incentives that support the constitutional mandates for utilization, development, and conservation of natural resources.

History. (§ 1 ch 63 SLA 1985)

Revisor’s notes. —

Enacted as AS 44.67.010. Renumbered in 1985.

Sec. 44.99.105. Declaration of state Arctic policy.

It is the policy of the state, as it relates to the Arctic, to
1. uphold the state’s commitment to economically vibrant communities sustained by development activities consistent with the state’s responsibility for a healthy environment, including efforts to
  1. ensure that Arctic residents and communities benefit from economic and resource development activities in the region;
  2. improve the efficiency, predictability, and stability of permitting and regulatory processes;
  3. attract investment through the establishment of a positive investment climate and the development of strategic infrastructure;
  4. sustain current, and develop new, approaches for responding to a changing climate, and adapt to the challenges of coastal erosion, permafrost melt, and ocean acidification;
  5. encourage industrial and technological innovation in the private and academic sectors that focuses on emerging opportunities and challenges;
  6. maintain a strong, sustainable fisheries industry and increase fisheries research and monitoring;
  7. continue to prepare the residents of the state for emerging economic activities by using multiple education and training opportunities and implementing state workforce plans;
2. collaborate with all levels of government, tribes, industry, and nongovernmental organizations to achieve transparent and inclusive Arctic decision-making, including efforts to
  1. strengthen and expand cross-border relationships and international cooperation, especially bilateral engagements with Canada and Russia;
  2. sustain and enhance state participation in the Arctic Council;
  3. pursue opportunities to participate meaningfully as a partner in the development of federal and international Arctic policies, thereby incorporating state and local knowledge and expertise;
  4. strengthen support for and collaboration with Arctic Council Permanent Participant organizations that include indigenous peoples of the state;
3. enhance the security of the Arctic region of the state and, thereby, the security of the entire state, including efforts to
  1. enhance disaster and emergency prevention and response, oil spill prevention and response, and search and rescue capabilities in the region;
  2. provide safe, secure, and reliable maritime transportation in the areas of the state adjacent to the Arctic;
  3. sustain current, and develop new, community, response, and resource-related infrastructure;
  4. coordinate with the federal government for an increase in United States Coast Guard presence, national defense obligations, and levels of public and private sector support; and
4. value and strengthen the resilience of communities and respect and integrate the culture, language, and knowledge of Arctic peoples, including efforts to
  1. recognize Arctic indigenous peoples’ cultures and unique relationship to the environment, including traditional reliance on a subsistence way of life for food security, which provides a spiritual connection to the land and the sea;
  2. build capacity to conduct science and research and advance innovation and technology in part by providing support to the University of Alaska for Arctic research consistent with state priorities;
  3. employ integrated, strategic planning that considers scientific, local, and traditional knowledge;
  4. safeguard the fish, wildlife, and environment of the Arctic for the benefit of residents of the state;
  5. encourage more effective integration of local and traditional knowledge into conventional science and research.
It is important to the state, as it relates to the Arctic, to support the strategic recommendations of the implementation plan developed by the Alaska Arctic Policy Commission and to encourage consideration of recommendations developed by the Alaska Arctic Policy Commission. Priority lines of effort for the Arctic policy of the state include
1. promoting economic and resource development;
2. addressing the infrastructure and response capacity gap in order to support the Arctic region;
3. supporting healthy communities; and
4. supporting existing and fostering new science and research that aligns with state priorities for the Arctic.
In this section, “Arctic” means the area of the state north of the Arctic Circle, north and west of the boundary formed by the Porcupine, Yukon, and Kuskokwim Rivers, all contiguous seas, including the Arctic Ocean, and the Beaufort, Bering, and Chukchi Seas, and the Aleutian Chain, except that, for the purpose of international Arctic policy, “Arctic” means the entirety of the state.

History. (§ 2 ch 10 SLA 2015)

Cross references. —

For legislative findings and intent for this section, see sec. 1, ch. 10, SLA 2015.

Effective dates. —

Section 2, ch. 10, SLA 2015, which enacted this section, took effect on August 9, 2015.

Sec. 44.99.110. Declaration of state mineral policy.

The legislature, acting under art. VIII, sec. 1 of the Constitution of the State of Alaska, in an effort to further the economic development of the state, to maintain a sound economy and stable employment, and to encourage responsible economic development within the state for the benefit of present and future generations through the proper conservation and development of the abundant mineral resources within the state, including metals, industrial minerals, and coal, declares as the mineral policy of the state that

mineral exploration and development be given fair and equitable consideration with other resource uses in the multiple use management of state land;
mineral development be encouraged through reasonable and consistent nonduplicative regulations and administrative stipulations;
mineral development and the entry into the market place of mineral products be considered in developing a statewide transportation infrastructure system;
mineral development be encouraged through appropriate public information and education, scientific research, technical studies, and University of Alaska program involvement;
economic development with respect to the state mineral industry be encouraged with Pacific Rim nations.

History. (§ 1 ch 138 SLA 1988)

Notes to Decisions

Stated in

Ellis v. State, Dep't of Nat. Res., 944 P.2d 491 (Alaska 1997).

Sec. 44.99.115. Declaration of state energy policy.

The State of Alaska recognizes that the state’s economic prosperity is dependent on available, reliable, and affordable residential, commercial, and industrial energy to supply the state’s electric, heating, and transportation needs. The state also recognizes that worldwide supply and demand for fossil fuels and concerns about global climate change will affect the price of fossil fuels consumed by Alaskans and exported from the state to other markets. In establishing a state energy policy, the state further recognizes the immense diversity of the state’s geography, cultures, and resource availability. Therefore, it is the policy of the state to

institute a comprehensive and coordinated approach to supporting energy efficiency and conservation by
1. encouraging statewide energy efficiency codes for new and renovated residential, commercial, and public buildings;
2. decreasing public building energy consumption through conservation measures and energy-efficient technologies; and
3. initiating and supporting a program to educate state residents on the benefits of energy efficiency and conservation, including dissemination of information on state and federal programs that reward energy efficiency;
encourage economic development by
1. promoting the development of renewable and alternative energy resources, including geothermal, wind, solar, hydroelectric, hydrokinetic, tidal, and biomass energy, for use by Alaskans;
2. promoting the development, transport, and efficient use of nonrenewable and alternative energy resources, including natural gas, coal, oil, gas hydrates, heavy oil, and nuclear energy, for use by Alaskans and for export;
3. working to identify and assist with development of the most cost-effective, long-term sources of energy for each community statewide;
4. creating and maintaining a state fiscal regime and permitting and regulatory processes that encourage private sector development of the state’s energy resources; and
5. promoting the efficiency of energy used for transportation;
support energy research, education, and workforce development by investing in
1. training and education programs that will help create jobs for Alaskans and that address energy conservation, efficiency, and availability, including programs that address workforce development and workforce transition; and
2. applied energy research and development of alternative and emerging technologies, including university programs, to achieve reductions in state energy costs and stimulate industry investment in the state;
coordinate governmental functions
1. by reviewing and streamlining regulatory processes and balancing the economic costs of review with the level of regulation necessary to protect the public interest;
2. by using one office or agency, as may be specified by law, to serve as a clearinghouse in managing the state’s energy-related functions to avoid fragmentation and duplication and to increase effectiveness; and
3. by actively collaborating with federal agencies to achieve the state’s energy goals and to meet emissions, renewable and alternative energy, and energy production targets.

History. (§ 2 ch 82 SLA 2010)

Cross references. —

For statement of legislative intent related to implementation of state energy policy, see § 1, ch. 82, SLA 2010, in the 2010 Temporary and Special Acts.

Sec. 44.99.120. Declaration of nuclear freeze policy.

It is the policy of the State of Alaska

to recognize that the greatest challenge facing the earth is to prevent the occurrence of nuclear war by accident or design;
to recognize that the nuclear arms race is dangerously increasing the risk of a holocaust that would be humanity’s final war;
to promote a mutual and verifiable freeze followed by reductions in nuclear warheads, missiles, and other delivery systems in order to halt the nuclear arms race and to reduce the risk of nuclear war.

History. (1986 Initiative Proposal No. 1, § 1)

Sec. 44.99.125. Implementation of policy.

The governor shall conduct the affairs of state and carry out state programs in conformity with this policy.
The lieutenant governor shall deliver copies of this Act to Congress and the President of the United States.

History. (1986 Initiative Proposal No. 1, § 2)

Article 3. State Publications.

Sec. 44.99.200. Production of publications.

The publications of a state agency shall be produced at a private sector facility located in the state when practicable. The Department of Administration shall establish standards for the production of publications by state agencies, except that the Board of Regents of the University of Alaska shall establish the standards for the university. The standards shall be designed to promote simplicity, low cost, and consistency.

History. (§ 1 ch 100 SLA 1990; am § 12 ch 88 SLA 1991; am § 140 ch 4 FSSLA 1992; am § 5 ch 59 SLA 1994)

Revisor’s notes. —

Enacted as AS 44.99.130. Renumbered in 1990.

Sec. 44.99.205. Use of pictures and messages.

A state agency may not place a picture of an elected state official on an application form, a warrant, or a direct deposit notice provided by the agency.
A state agency may not place a message on or with an application form, a warrant, or a direct deposit notice provided by the agency unless the message is
1. from a state agency employee who is not an elected state official; and
2. required by law, necessary for the operation of the document, related to seasonal health issues including flu shot reminders, or related to a program or activity of a state agency.
In this section,
1. “direct deposit notice” means a written notice that a deposit has been made by the state agency;
2. “elected state official” means the governor, the lieutenant governor, a lieutenant governor who serves as acting governor or who succeeds to the office of the governor, or a legislator, including a person who has been appointed a member of the legislature by the governor to fill a vacancy in the legislature;
3. “program” includes the permanent fund dividend program under AS 43.23 and the longevity bonus program under AS 47.45;
4. “state agency” has the meaning given in AS 44.99.240 (2)(A) and (B).

History. (§ 1 ch 25 SLA 1998)

Sec. 44.99.210. Disclosures on publication.

If the actual annual costs for a publication of a state agency that are paid from the general fund exceed $1,500, or if the actual annual costs of a state agency publication that is a report required by law are paid from a source other than the general fund and exceed $1,500, the publication must include a statement that gives the name of the agency releasing the publication, the purpose of the publication, the cost for each copy of the publication, and the city and state where the printing was done. The statement must read: “This publication was released by... (name of state agency)..., produced at a cost of $..... per copy to... (statement of purpose)..., and printed in...... (city and state where printed).” If the publication is required by law, the statement must also include: “This publication is required by... (appropriate citation to Alaska law).” The statement may include, if applicable, a declaration of the revenue raised by the sale of the publication or from the purchase of advertising in the publication. The statement shall be printed in one conspicuous place in the body of the publication in a type size that is not smaller than 12 points and shall be placed in a box composed of at least two point rule. In this section, “cost for each copy” means the figure that results after dividing the total contract cost of producing the publication by the number of copies produced. This section does not apply to a publication that is intended primarily for foreign or other out-of-state use, to a program for a public ceremony of a state agency, or to materials used by a state agency to develop a market for the agency’s services or products.

History. (§ 1 ch 100 SLA 1990; am § 6 ch 59 SLA 1994)

Revisor’s notes. —

Enacted as AS 44.99.140. Renumbered in 1990.

Sec. 44.99.220. List of publications.

A state agency shall compile and maintain a list of the publications that it produces each fiscal year.

History. (§ 1 ch 100 SLA 1990)

Revisor’s notes. —

Enacted as AS 44.99.150. Renumbered in 1990.

Sec. 44.99.230. Standards. [Repealed, § 7 ch 59 SLA 1994.]

Sec. 44.99.240. Definitions.

In AS 44.99.200 — 44.99.240 ,

“publication” means a written document, including books, brochures, flyers, manuals, newsletters, pamphlets, programs, reports, and similar documents, but does not include standard forms, letterhead stationery, letterhead envelopes, election ballots, construction plans and specifications, location and design study reports, the Alaska Statutes, the Alaska Administrative Code, the Alaska Rules of Court, publications produced by the University of Alaska press, and papers that are submitted to a publisher, including a publisher of journals and anthologies, that is not a state agency;
“state agency” means
1. a department, institution, board, commission, division, authority, public corporation, or other administrative unit of the executive branch, including the University of Alaska and the Alaska Railroad Corporation;
2. a committee, division, or administrative unit of the legislative branch, including the Alaska Legislative Council, the leadership of each house, the office of victims’ rights, and the office of the ombudsman;
3. an administrative unit of the judicial branch, including the Alaska Judicial Council and the Commission on Judicial Conduct.

History. (§ 1 ch 100 SLA 1990; am § 33 ch 92 SLA 2001)

Revisor’s notes. —

Enacted as AS 44.99.170. Renumbered in 1990.

Article 4. Copyrights by State Agencies.

Secs. 44.99.300 — 44.99.350. [Renumbered as AS 40.25.300 — 40.25.350.]

Sec. 44.99.400. Software copyrights.

A state agency may hold the copyright for software created by the agency or developed by a private contractor for an agency, and may enforce its rights to protect the copyright. In this section, “state agency” means a department, institution, board, commission, division, authority, public corporation, committee, or other administrative unit of the executive, judicial, or legislative branch of state government, including the University of Alaska, the Alaska Aerospace Corporation, and the Alaska Railroad Corporation.

History. (§ 15 ch 200 SLA 1990; am § 13 ch 88 SLA 1991; am § 135 ch 4 FSSLA 1992)

Revisor’s notes. —

Enacted as AS 44.99.050. Renumbered in 1990.

In 2009, under § 2, ch. 60, SLA 2009, in this section “Alaska Aerospace Corporation” was substituted for “Alaska Aerospace Development Corporation”.

Article 5. Alaska Firearms Freedom Act.

Sec. 44.99.500. State policy, declarations, and requirements concerning certain firearms not in interstate commerce and not subject to federal regulation.

A personal firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured commercially or privately in this state and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.
This section applies to a firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition, and their importation into this state and incorporation into a firearm, a firearm accessory, or ammunition manufactured in this state does not subject the firearm, firearm accessory, or ammunition to federal regulation. Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearm accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearm accessories, and ammunition under interstate commerce as if they were actually firearms, firearm accessories, or ammunition. The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in this state or made in this state from those materials. Firearm accessories that are imported into this state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in this state.
A firearm manufactured or sold in this state and not subject to federal regulation under this section must have the words “Made in Alaska” clearly stamped on a central metallic part, such as the receiver or frame.
The attorney general may defend a citizen of this state who is prosecuted by the government of the United States under the congressional power to regulate interstate commerce for violation of a federal law concerning the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition possessed in this state or manufactured and retained within this state.
A federal statute, regulation, rule, or order adopted, enacted, or otherwise effective on or after June 21, 2013 is unenforceable in this state by an official, agent, or employee of this state, a municipality, or the federal government if the federal statute, regulation, rule, or order violates the Second Amendment to the Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska, by
1. banning or restricting ownership of a semiautomatic firearm or a magazine of a firearm; or
2. requiring a firearm, magazine, or other firearm accessory to be registered.
The attorney general shall, under the Second Amendment to the Constitution of the United States or art. I, sec. 19, Constitution of the State of Alaska, file legal action necessary to prevent the implementation of a federal statute, regulation, rule, or order that violates the rights of a resident of the state.
In this section,
1. “firearm accessory” means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of a firearm, including a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock and grip, speedloader, ammunition carrier, and light for target illumination;
2. “generic and insignificant parts” includes springs, screws, nuts, and pins;
3. “manufactured” means a firearm, a firearm accessory, or ammunition that has been created from basic materials for functional usefulness, including forging, casting, machining, or other processes for working materials.

History. (§ 2 ch 23 SLA 2010; am §§ 3 — 6 ch 52 SLA 2013)

Revisor’s notes. —

Subsections (e) and (f) were enacted as (f) and (g) and relettered in 2013, at which time former subsection (e) was relettered as (g)

Cross references. —

For legislative findings related to the authority under which this section is enacted, see § 1, ch. 23, SLA 2010, in the 2010 Temporary and Special Acts.

For legislative findings related to the 2013 changes to this section, including findings related to the authority for the 2013 changes, see sec. 1, ch. 52, SLA 2013 in the 2013 Temporary and Special Acts.

Effect of amendments. —

The 2013 amendment, effective June 21, 2013, in (a), (b), and (d), inserted “possessed in this state or” following “ammunition” or similar; added (f) (now (e)) and (g) (now (f)).

Editor’s notes. —

Under § 3, ch. 23, SLA 2010, this section “applies to firearms, firearm accessories, and ammunition that are manufactured and retained in this state after October 1, 2009.”

Article 6. Compact for a Balanced Budget.

Effective dates. —

Section 1, ch. 12, SLA 2014, which enacted this article, took effect July 21, 2014.

Sec. 44.99.600. Entry into agreement.

The Compact for a Balanced Budget is hereby enacted into law and entered into with all jurisdictions legally joining it in a form substantially as contained in AS 44.99.610 .

History. (§ 1 ch 12 SLA 2014)

Editor’s notes. —

Under sec. 2, ch. 12, SLA 2014, “the revisor of statutes is instructed not to edit or revise the text of the compact in AS 44.99.610 , enacted by sec. 1 of this Act, so as to avoid the use of pronouns denoting masculine or feminine gender.”

Sec. 44.99.610. Compact terms.

The terms and provisions of the compact referred to in AS 44.99.600 are as follows:

History. (§ 1 ch 12 SLA 2014)

COMPACT FOR A BALANCED BUDGET

ARTICLE I DECLARATION OF POLICY, PURPOSE AND INTENT

Whereas, every State enacting, adopting and agreeing to be bound by this Compact intends to ensure that their respective Legislature’s use of the power to originate a Balanced Budget Amendment under Article V of the Constitution of the United States will be exercised conveniently and with reasonable certainty as to the consequences thereof.

Now, therefore, in consideration of their expressed mutual promises and obligations, be it enacted by every State enacting, adopting and agreeing to be bound by this Compact, and resolved by each of their respective Legislatures, as the case may be, to exercise herewith all of their respective powers as set forth herein notwithstanding any law to the contrary.

ARTICLE II DEFINITIONS

Section 1. “Compact” means this “Compact for a Balanced Budget.”

Section 2. “Convention” means the convention for proposing amendments organized by this Compact under Article V of the Constitution of the United States and, where contextually appropriate to ensure the terms of this Compact are not evaded, any other similar gathering or body, which might be organized as a consequence of Congress receiving the application set out in this Compact and claim authority to propose or effectuate any amendment, alteration or revision to the Constitution of the United States. This term does not encompass a convention for proposing amendments under Article V of the Constitution of the United States that is organized independently of this Compact based on the separate and distinct application of any State.

Section 3. “State” means one of the several States of the United States. Where contextually appropriate, the term “State” shall be construed to include all of its branches, departments, agencies, political subdivisions, and officers and representatives acting in their official capacity.

Section 4. “Member State” means a State that has enacted, adopted and agreed to be bound to this Compact. For any State to qualify as a Member State with respect to any other State under this Compact, each such State must have enacted, adopted and agreed to be bound by substantively identical compact legislation.

Section 5. “Compact Notice Recipients” means the Archivist of the United States, the President of the United States, the President of the United States Senate, the Office of the Secretary of the United States Senate, the Speaker of the United States House of Representatives, the Office of the Clerk of the United States House of Representatives, the chief executive officer of each State, and the presiding officer(s) of each house of the Legislatures of the several States.

Section 6. Notice. All notices required by this Compact shall be by U.S. Certified Mail, return receipt requested, or an equivalent or superior form of notice, such as personal delivery documented by evidence of actual receipt.

Section 7. “Balanced Budget Amendment” means the following:

“Article _______________

Section 1. Total outlays of the government of the United States shall not exceed total receipts of the government of the United States at any point in time unless the excess of outlays over receipts is financed exclusively by debt issued in strict conformity with this article.

Section 2. Outstanding debt shall not exceed authorized debt, which initially shall be an amount equal to 105 percent of the outstanding debt on the effective date of this article. Authorized debt shall not be increased above its aforesaid initial amount unless such increase is first approved by the legislatures of the several states as provided in Section 3.

Section 3. From time to time, Congress may increase authorized debt to an amount in excess of its initial amount set by Section 2 only if it first publicly refers to the legislatures of the several states an unconditional, single subject measure proposing the amount of such increase, in such form as provided by law, and the measure is thereafter publicly and unconditionally approved by a simple majority of the legislatures of the several states, in such form as provided respectively by state law; provided that no inducement requiring an expenditure or tax levy shall be demanded, offered or accepted as a quid pro quo for such approval. If such approval is not obtained within sixty (60) calendar days after referral then the measure shall be deemed disapproved and the authorized debt shall thereby remain unchanged.

Section 4. Whenever the outstanding debt exceeds 98 percent of the debt limit set by Section 2, the President shall enforce said limit by publicly designating specific expenditures for impoundment in an amount sufficient to ensure outstanding debt shall not exceed the authorized debt. Said impoundment shall become effective thirty (30) days thereafter, unless Congress first designates an alternate impoundment of the same or greater amount by concurrent resolution, which shall become immediately effective. The failure of the President to designate or enforce the required impoundment is an impeachable misdemeanor. Any purported issuance or incurrence of any debt in excess of the debt limit set by Section 2 is void.

Section 5. No bill that provides for a new or increased general revenue tax shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress. However, this requirement shall not apply to any bill that provides for a new end user sales tax which would completely replace every existing income tax levied by the government of the United States; or for the reduction or elimination of an exemption, deduction, or credit allowed under an existing general revenue tax.

Section 6. For purposes of this article, “debt” means any obligation backed by the full faith and credit of the government of the United States; “outstanding debt” means all debt held in any account and by any entity at a given point in time; “authorized debt” means the maximum total amount of debt that may be lawfully issued and outstanding at any single point in time under this article; “total outlays of the government of the United States” means all expenditures of the government of the United States from any source; “total receipts of the government of the United States” means all tax receipts and other income of the government of the United States, excluding proceeds from its issuance or incurrence of debt or any type of liability; “impoundment” means a proposal not to spend all or part of a sum of money appropriated by Congress; and “general revenue tax” means any income tax, sales tax, or value-added tax levied by the government of the United States excluding imposts and duties.

Section 7. This article is immediately operative upon ratification, self-enforcing, and Congress may enact conforming legislation to facilitate enforcement.”

ARTICLE III COMPACT MEMBERSHIP AND WITHDRAWAL

Section 1. This Compact governs each Member State to the fullest extent permitted by their respective constitutions, superseding and repealing any conflicting or contrary law.

Section 2. By becoming a Member State, each such State offers, promises and agrees to perform and comply strictly in accordance with the terms and conditions of this Compact, and has made such offer, promise and agreement in anticipation and consideration of, and in substantial reliance upon, such mutual and reciprocal performance and compliance by each other current and future Member State, if any. Accordingly, in addition to having the force of law in each Member State upon its respective effective date, this Compact and each of its Articles shall also be construed as contractually binding each Member State when: (a) at least one other State has likewise become a Member State by enacting substantively identical legislation adopting and agreeing to be bound by this Compact; and (b) notice of such State’s Member State status is or has been seasonably received by the Compact Administrator, if any, or otherwise by the chief executive officer of each other Member State.

Section 3. For purposes of determining Member State status under this Compact, as long as all other provisions of the Compact remain identical and operative on the same terms, legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed and regarded as “substantively identical” with respect to such other legislation enacted by another State notwithstanding: (a) any difference in section 2 of Article IV with specific regard to the respectively enacting State’s own method of appointing its member to the Commission; (b) any difference in section 5 of Article IV with specific regard to the respectively enacting State’s own obligation to fund the Commission; (c) any difference in section 1 and 2 of Article VI with specific regard to the number and identity of each delegate respectively appointed on behalf of the enacting State, provided that no more than three delegates may attend and participate in the Convention on behalf of any State; or (d) any difference in section 7 of Article X with specific regard to the respectively enacting State as to whether section 1 of Article V of this Compact shall survive termination of this Compact, and thereafter become a continuing resolution of the Legislature of such State applying to Congress for the calling of a convention of the states under Article V of the Constitution of the United States, under such terms and limitations as may be specified by such State.

Section 4. When fewer than three-fourths of the States are Member States, any Member State may withdraw from this Compact by enacting appropriate legislation, as determined by state law, and giving notice of such withdrawal to the Compact Administrator, if any, or otherwise to the chief executive officer of each other Member State. A withdrawal shall not affect the validity or applicability of the compact with respect to remaining Member States, provided that there remain at least two such States. However, once at least three-fourths of the States are Member States, then no Member State may withdraw from the Compact prior to its termination absent unanimous consent of all Member States.

ARTICLE IV COMPACT COMMISSION AND COMPACT ADMINISTRATOR

Section 1. Nature of the Compact Commission. The Compact Commission (“Commission”) is hereby established. It has the power and duty: (a) to appoint and oversee a Compact Administrator; (b) to encourage States to join the Compact and Congress to call the Convention in accordance with this Compact; (c) to coordinate the performance of obligations under the Compact; (d) to oversee the Convention’s logistical operations as appropriate to ensure this Compact governs its proceedings; (e) to oversee the defense and enforcement of the Compact in appropriate legal venues; (f) to request funds and to disburse those funds to support the operations of the Commission, Compact Administrator, and Convention; and (g) to cooperate with any entity that shares a common interest with the Commission and engages in policy research, public interest litigation or lobbying in support of the purposes of the Compact. The Commission shall only have such implied powers as are essential to carrying out these express powers and duties. It shall take no action that contravenes or is inconsistent with this Compact or any law of any State that is not superseded by this Compact. It may adopt and publish corresponding bylaws and policies.

Section 2. Commission Membership. The Commission initially consists of three unpaid members. Each Member State may appoint one member to the Commission through an appointment process to be determined by their respective chief executive officer until all positions on the Commission are filled. Positions shall be assigned to appointees in the order in which their respective appointing States became Member States. The bylaws of the Commission may expand its membership to include representatives of additional Member States and to allow for modest salaries and reimbursement of expenses if adequate funding exists.

Section 3. Commission Action. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of its appointed membership is present, and no action shall be binding unless approved by a majority of the Commission’s appointed membership. The Commission shall meet at least once a year, and may meet more frequently.

Section 4. First Order of Business. The Commission shall at the earliest possible time elect from among its membership a Chairperson, determine a primary place of doing business, and appoint a Compact Administrator.

Section 5. Funding. The Commission and the Compact Administrator’s activities shall be funded exclusively by each Member State, as determined by their respective state law, or by voluntary donations.

Section 6. Compact Administrator. The Compact Administrator has the power and duty: (a) to timely notify the States of the date, time and location of the Convention; (b) to organize and direct the logistical operations of the Convention; (c) to maintain an accurate list of all Member States, their appointed delegates, including contact information; and (d) to formulate, transmit, and maintain all official notices, records, and communications relating to this Compact. The Compact Administrator shall only have such implied powers as are essential to carrying out these express powers and duties; and shall take no action that contravenes or is inconsistent with this Compact or any law of any State that is not superseded by this Compact. The Compact Administrator serves at the pleasure of the Commission and must keep the Commission seasonably apprised of the performance or nonperformance of the terms and conditions of this Compact. Any notice sent by a Member State to the Compact Administrator concerning this Compact shall be adequate notice to each other Member State provided that a copy of said notice is seasonably delivered by the Compact Administrator to each other Member State’s respective chief executive officer.

Section 7. Notice of Key Events. Upon the occurrence of each of the following described events, or otherwise as soon as possible, the Compact Administrator shall immediately send the following notices to all Compact Notice Recipients, together with certified conforming copies of the chaptered version of this Compact as maintained in the statutes of each Member State: (a) whenever any State becomes a Member State, notice of that fact shall be given; (b) once at least three-fourths of the States are Member States, notice of that fact shall be given together with a statement declaring that the Legislatures of at least two-thirds of the several States have applied for a convention for proposing amendments under Article V of the Constitution of the United States, petitioning Congress to call the Convention contemplated by this Compact, and further requesting cooperation in organizing the same in accordance with this Compact; (c) once Congress has called the Convention contemplated by this Compact, and whenever the date, time and location of the Convention has been determined, notice of that fact shall be given together with the date, time and location of the Convention and other essential logistical matters; (d) upon approval of the Balanced Budget Amendment by the Convention, notice of that fact shall be given together with the transmission of certified copies of such approved proposed amendment and a statement requesting Congress to refer the same for ratification by three-fourths of the Legislatures of the several States under Article V of the Constitution of the United States (however, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted); and (e) when any Article of this Compact prospectively ratifying the Balanced Budget Amendment is effective in any Member State, notice of the same shall be given together with a statement declaring such ratification and further requesting cooperation in ensuring that the official record confirms and reflects the effective corresponding amendment to the Constitution of the United States. However, whenever any Member State enacts appropriate legislation, as determined by the laws of the respective state, withdrawing from this Compact, the Compact Administrator shall immediately send certified conforming copies of the chaptered version of such withdrawal legislation as maintained in the statutes of each such withdrawing Member State, solely to each chief executive officer of each remaining Member State, giving notice of such withdrawal.

Section 8. Cooperation. The Commission, Member States and Compact Administrator shall cooperate with each other and give each other mutual assistance in enforcing this Compact and shall give the chief law enforcement officer of each other Member State any information or documents that are reasonably necessary to facilitate the enforcement of this Compact.

Section 9. This Article does not take effect until there are at least two Member States.

ARTICLE V RESOLUTION APPLYING FOR CONVENTION

Section 1. Be it resolved, as provided for in Article V of the Constitution of the United States, the Legislature of each Member State herewith applies to Congress for the calling of a convention for proposing amendments limited to the subject matter of proposing for ratification the Balanced Budget Amendment.

Section 2. Congress is further petitioned to refer the Balanced Budget Amendment to the States for ratification by three-fourths of their respective Legislatures.

Section 3. This Article does not take effect until at least three-fourths of the several States are Member States.

ARTICLE VI DELEGATE APPOINTMENT, LIMITATIONS AND INSTRUCTIONS

Section 1. Number of Delegates. Each Member State shall be entitled to one delegate as its sole and exclusive representative at the Convention as set forth in this Article.

Section 2. Identity of Delegates. Each Member State’s chief executive officer, who is serving on the enactment date of this Compact, is appointed in an individual capacity to represent his or her respective State at the Convention as its sole and exclusive delegate.

Section 3. Replacement or Recall of Delegates. A delegate appointed hereunder may be replaced or recalled by the Legislature of his or her respective State at any time for good cause, such as criminal misconduct or the violation of this Compact. If replaced or recalled, any delegate previously appointed hereunder must immediately vacate the Convention and return to delegate’s respective State’s capitol.

Section 4. Oath. The power and authority of a delegate under this Article may only be exercised after the Convention is first called by Congress in accordance with this Compact and such appointment is duly accepted by such appointee publicly taking the following oath or affirmation: “I do solemnly swear (or affirm) that I accept this appointment and will act strictly in accordance with the terms and conditions of the Compact for a Balanced Budget, the Constitution of the State I represent, and the Constitution of the United States. I understand that violating this oath (or affirmation) forfeits my appointment and may subject me to other penalties as provided by law.”

Section 5. Term. The term of a delegate hereunder commences upon acceptance of appointment and terminates upon the permanent adjournment of the Convention, unless shortened by recall, replacement or forfeiture under this Article. Upon expiration of such term, any person formerly serving as a delegate must immediately withdraw from and cease participation at the Convention, if any is proceeding.

Section 6. Delegate Authority. The power and authority of any delegate appointed hereunder is strictly limited: (a) to introducing, debating, voting upon, proposing and enforcing the Convention Rules specified in this Compact, as needed to ensure those rules govern the Convention; and (b) to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment. All actions taken by any delegate in violation of this section are void ab initio.

Section 7. Delegate Authority. No delegate of any Member State may introduce, debate, vote upon, reject or propose for ratification any constitutional amendment at the Convention unless: (a) the Convention Rules specified in this Compact govern the Convention and their actions; and (b) the constitutional amendment is the Balanced Budget Amendment.

Section 8. Delegate Authority. The power and authority of any delegate at the Convention does not include any power or authority associated with any other public office held by the delegate. Any person appointed to serve as a delegate shall take a temporary leave of absence, or otherwise shall be deemed temporarily disabled, from any other public office held by the delegate while attending the Convention, and may not exercise any power or authority associated with any other public office held by the delegate while attending the Convention. All actions taken by any delegate in violation of this section are void ab initio.

Section 9. Order of Business. Before introducing, debating, voting upon, rejecting or proposing for ratification any constitutional amendment at the Convention, each delegate of every Member State must first ensure the Convention Rules in this Compact govern the Convention and their actions. Every delegate and each Member State must immediately vacate the Convention and notify the Compact Administrator by the most effective and expeditious means if the Convention Rules in this Compact are not adopted to govern the Convention and their actions.

Section 10. Forfeiture of Appointment. If any Member State or delegate violates any provision of this Compact, then every delegate of that Member State immediately forfeits his or her appointment, and shall immediately cease participation at the Convention, vacate the Convention, and return to his or her respective State’s capitol.

Section 11. Expenses. A delegate appointed hereunder is entitled to reimbursement of reasonable expenses for attending the Convention from his or her respective Member State. No delegate may accept any other form of remuneration or compensation for service under this Compact.

ARTICLE VII CONVENTION RULES

Section 1. Nature of the Convention. The Convention shall be organized, construed and conducted as a body exclusively representing and constituted by the several States.

Section 2. Agenda of the Convention. The agenda of the Convention shall be entirely focused upon and exclusively limited to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment under the Convention Rules specified in this Article and in accordance with the Compact. It shall not be in order for the Convention to consider any matter that is outside the scope of this agenda.

Section 3. Delegate Identity and Procedure. States shall be represented at the Convention through duly appointed delegates. The number, identity and authority of delegates assigned to each State shall be determined by this Compact in the case of Member States or, in the case of States that are not Member States, by their respective state laws. However, to prevent disruption of proceedings, no more than three delegates may attend and participate in the Convention on behalf of any State. A certified chaptered conforming copy of this Compact, together with government-issued photographic proof of identification, shall suffice as credentials for delegates of Member States. Any commission for delegates of States that are not Member States shall be based on their respective state laws, but it shall furnish credentials that are at least as reliable as those required of Member States.

Section 4. Voting. Each State represented at the Convention shall have one vote, exercised by the vote of that State’s delegate in the case of States represented by one delegate, or, in the case of any State that is represented by more than one delegate, by the majority vote of that State’s respective delegates.

Section 5. Quorum. A majority of the several States of the United States, each present through its respective delegate in the case of any State that is represented by one delegate, or through a majority of its respective delegates, in the case of any State that is represented by more than one delegate, shall constitute a quorum for the transaction of any business on behalf of the Convention.

Section 6. Action by the Convention. The Convention shall only act as a committee of the whole chaired by the delegate representing the first State to have become a Member State, if that State is represented by one delegate, or otherwise by the delegate chosen by the majority vote of that State’s respective delegates. The transaction of any business on behalf of the Convention, including the designation of a Secretary, the adoption of parliamentary procedures and the rejection or proposal of any constitutional amendment, requires a quorum to be present and a majority affirmative vote of those States constituting the quorum.

Section 7. Emergency Suspension and Relocation of the Convention. In the event that the Chair of the Convention declares an emergency due to disorder or an imminent threat to public health and safety prior to the completion of the business on the Agenda, and a majority of the States present at the Convention do not object to such declaration, further Convention proceedings shall be temporarily suspended, and the Commission shall subsequently relocate or reschedule the Convention to resume proceedings in an orderly fashion in accordance with the terms and conditions of this Compact with prior notice given to the Compact Notice Recipients.

Section 8. Parliamentary Procedure. In adopting, applying and formulating parliamentary procedure, the Convention shall exclusively adopt, apply or appropriately adapt provisions of the most recent editions of Robert’s Rules of Order and the American Institute of Parliamentarians Standard Code of Parliamentary Procedure. In adopting, applying or adapting parliamentary procedure, the Convention shall exclusively consider analogous precedent arising within the jurisdiction of the United States. Parliamentary procedures adopted, applied or adapted pursuant to this section shall not obstruct, override, or otherwise conflict with this Compact.

Section 9. Transmittal. Upon approval of the Balanced Budget Amendment by the Convention to propose for ratification, the Chair of the Convention shall immediately transmit certified copies of such approved proposed amendment to the Compact Administrator and all Compact Notice Recipients, notifying them respectively of such approval and requesting Congress to refer the same for ratification by the States under Article V of the Constitution of the United States. However, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted as aforesaid.

Section 10. Transparency. Records of the Convention, including the identities of all attendees and detailed minutes of all proceedings, shall be kept by the Chair of the Convention or Secretary designated by the Convention. All proceedings and records of the Convention shall be open to the public upon request subject to reasonable regulations adopted by the Convention that are closely tailored to preventing disruption of proceedings under this Article.

Section 11. Adjournment of the Convention. The Convention shall permanently adjourn upon the earlier of twenty-four (24) hours after commencing proceedings under this Article or the completion of the business on its Agenda.

ARTICLE VIII PROHIBITION ON ULTRA VIRES CONVENTION

Section 1. Member States shall not participate in the Convention unless: (a) Congress first calls the Convention in accordance with this Compact; and (b) the Convention Rules of this Compact are adopted by the Convention as its first order of business.

Section 2. Any proposal or action of the Convention is void ab initio and issued by a body that is conducting itself in an unlawful and ultra vires fashion if that proposal or action: (a) violates or was approved in violation of the Convention Rules or the delegate instructions and limitations on delegate authority specified in this Compact; (b) purports to propose or effectuate a mode of ratification that is not specified in Article V of the Constitution of the United States; or (c) purports to propose or effectuate the formation of a new government. All Member States are prohibited from advancing or assisting in the advancement of any such proposal or action.

Section 3. Member States shall not ratify or otherwise approve any proposed amendment, alteration or revision to the Constitution of the United States, which originates from the Convention, other than the Balanced Budget Amendment.

ARTICLE IX RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET AMENDMENT

Section 1. Each Member State, by and through its respective Legislature, hereby adopts and ratifies the Balanced Budget Amendment.

Section 2. This Article does not take effect until Congress effectively refers the Balanced Budget Amendment to the States for ratification by three-fourths of the Legislatures of the several States under Article V of the Constitution of the United States.

ARTICLE X CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY

Section 1. To the extent that the effectiveness of this Compact or any of its Articles or provisions requires the alteration of local legislative rules, drafting policies, or procedure to be effective, the enactment of legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed to waive, repeal, supersede, or otherwise amend and conform all such rules, policies or procedures to allow for the effectiveness of this Compact to the fullest extent permitted by the constitution of any affected Member State.

Section 2. Date and Location of the Convention. Unless otherwise specified by Congress in its call, the Convention shall be held in Dallas, Texas and commence proceedings at 9:00 a.m. Central Standard Time on the sixth Wednesday after the latter of the effective date of Article V of this Compact or the enactment date of the Congressional resolution calling the Convention.

Section 3. In addition to all other powers and duties conferred by state law which are consistent with the terms and conditions of this Compact, the chief law enforcement officer of each Member State is empowered to defend the Compact from any legal challenge, as well as to seek civil mandatory and prohibitory injunctive relief to enforce this Compact; and shall take such action whenever the Compact is challenged or violated.

Section 4. The exclusive venue for all actions in any way arising under this Compact shall be in the United States District Court for the Northern District of Texas or the courts of the State of Texas within the jurisdictional boundaries of the foregoing district court. Each Member State shall submit to the jurisdiction of said courts with respect to such actions. However, upon written request by the chief law enforcement officer of any Member State, the Commission may elect to waive this provision for the purpose of ensuring an action proceeds in the venue that allows for the most convenient and effective enforcement or defense of this Compact. Any such waiver shall be limited to the particular action to which it is applied and not construed or relied upon as a general waiver of this provision. The waiver decisions of the Commission under this provision shall be final and binding on each Member State.

Section 5. The effective date of this Compact and any of its Articles is the latter of: (a) the date of any event rendering the same effective according to its respective terms and conditions; or (b) the earliest date otherwise permitted by law.

Section 6. Article VIII of this Compact is hereby deemed non-severable prior to termination of the Compact. However, if any other phrase, clause, sentence or provision of this Compact, or the applicability of any other phrase, clause, sentence or provision of this Compact to any government, agency, person or circumstance, is declared in a final judgment to be contrary to the Constitution of the United States, contrary to the state constitution of any Member State, or is otherwise held invalid by a court of competent jurisdiction, such phrase, clause, sentence or provision shall be severed and held for naught, and the validity of the remainder of this Compact and the applicability of the remainder of this Compact to any government, agency, person or circumstance shall not be affected. Furthermore, if this Compact is declared in a final judgment by a court of competent jurisdiction to be entirely contrary to the state constitution of any Member State or otherwise entirely invalid as to any Member State, such Member State shall be deemed to have withdrawn from the Compact, and the Compact shall remain in full force and effect as to any remaining Member State. Finally, if this Compact is declared in a final judgment by a court of competent jurisdiction to be wholly or substantially in violation of Article I, Section 10, of the Constitution of the United States, then it shall be construed and enforced solely as reciprocal legislation enacted by the affected Member State(s).

Section 7. Termination. This Compact shall terminate and be held for naught when the Compact is fully performed and the Constitution of the United States is amended by the Balanced Budget Amendment. However, notwithstanding anything to the contrary set forth in this Compact, in the event such amendment does not occur within seven (7) years after the first State passes legislation enacting, adopting and agreeing to be bound to this Compact, the Compact shall terminate as follows: (a) the Commission shall dissolve and wind up its operations within ninety (90) days thereafter, with the Compact Administrator giving notice of such dissolution and the operative effect of this section to the Compact Notice Recipients; and (b) upon the completed dissolution of the Commission, this Compact shall be deemed terminated, repealed, void ab initio, and held for naught.

Publisher’s note.

In 2021, in art. VII, § 11, “proceedings under this Article or the completion of the business on its Agenda” was inserted following “commencing” to correct an error.