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.]

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 m