Title 18. Health, Safety, Housing, Human Rights, and Public Defender.

Chapter 05. Administration of Public Health and Related Laws.

Sec. 18.05.010. Administration of laws by department.
 (a) The department shall administer the statutes and regulations relating to the promotion and protection of the public health as provided by law.

 (b) In performing its duties under this chapter, AS 18.09, and AS 18.15.355 — 18.15.395, the department may
     (1) flexibly use the broad range of powers set out in this title assigned to the department to protect and promote the public health;

     (2) provide public health information programs or messages to the public that promote healthy behaviors or lifestyles or educate individuals about health issues;

     (3) promote efforts among public and private sector partners to develop and finance programs or initiatives that identify and ameliorate health problems;

     (4) establish, finance, provide, or endorse performance management standards for the public health system;

     (5) develop, adopt, and implement
          (A) a statewide health plan under AS 18.09 based on recommendations of the Alaska Health Care Commission established in AS 18.09.010; and

          (B) public health plans and formal policies through regulations adopted under AS 44.62 or collaborative recommendations that guide or support individual and community public health efforts;

     (6) establish formal or informal relationships with public or private sector partners within the public health system;

     (7) identify, assess, prevent, and ameliorate conditions of public health importance through surveillance; epidemiological tracking, program evaluation, and monitoring; testing and screening programs; treatment; administrative inspections; or other techniques;

     (8) promote the availability and accessibility of quality health care services through health care facilities or providers;

     (9) promote availability of and access to preventive and primary health care when not otherwise available through the private sector, including acute and episodic care, prenatal and postpartum care, child health, family planning, school health, chronic disease prevention, child and adult immunization, testing and screening services, dental health, nutrition, and health education and promotion services;

     (10) systematically and regularly review the public health system and recommend modifications in its structure or other features to improve public health outcomes; and

     (11) collaborate with public and private sector partners, including municipalities, Alaska Native organizations, health care providers, and health insurers, within the public health system to achieve the mission of public health.




Sec. 18.05.020. Department to report activities.
The department shall prepare an annual report of its activities and notify the legislature not later than 10 days after it convenes that the report is available.


Sec. 18.05.030. Cooperation with federal government.
The department shall
     (1) cooperate with the federal government in matters of mutual concern pertaining to public health, the control of communicable diseases, maternal and child health and crippled children, and other matters within the scope of this title;

     (2) make reports, in the form and containing the information the federal government requires;

     (3) cooperate with the federal government, its agencies or instrumentalities in establishing, extending, and strengthening services for the protection of the public health, and receive and expend funds and receive, utilize, and maintain equipment and facilities made available to the department by a department or agency of the federal government, the government of the state or its political subdivisions, and a person or nonofficial agency.




Sec. 18.05.031. Program planning for developmental disability. [Repealed, § 5 ch 165 SLA 1978. For current law, see AS 47.80.]
Sec. 18.05.032. Information relating to pregnancy and pregnancy alternatives.
 (a) The department shall maintain on the Internet, in printable form, standard information that
     (1) contains geographically indexed material designed to inform a person of public and private agencies, services, clinics, and facilities that are available to assist a woman with the woman’s reproductive choices; the department shall include information about at least the following types of agencies, services, clinics, and facilities:
          (A) agencies, services, clinics, and facilities designed to assist a woman through pregnancy, including adoption agencies, and counseling services;

          (B) agencies, services, clinics, and facilities that provide abortion options and counseling and post-abortion counseling and services; and

          (C) agencies, services, clinics, and facilities designed to assist with or provide contraceptive options and counseling for appropriate family planning;

     (2) includes a comprehensive regional directory of the agencies, services, clinics, and facilities that request to be identified by the department under (1) of this subsection, a description of the services they offer, and the manner in which the agencies, services, clinics, and facilities may be contacted, including telephone numbers;

     (3) provides information concerning the eligibility for medical assistance benefits for prenatal care, childbirth, neonatal care, abortion services, women’s health care, and contraception;

     (4) states that informed and voluntary consent is required under AS 18.16.060 for an abortion;

     (5) provides information concerning the process by which a mother of a child may establish a child support order to assist in the support of a child;

     (6) describes the fetal development of a typical unborn child at two-week gestational increments from fertilization to full-term, including links to photographs of a typical unborn child at four-week gestational increments, and relevant information about the possibility of an unborn child’s survival at the various gestational ages; the information must be objective, nonjudgmental information that is reviewed and approved for medical accuracy by recognized obstetrical and gynecological specialists designated by the State Medical Board and designed to convey only accurate scientific information about unborn children at various gestational ages;

     (7) contains objective, unbiased information that is reviewed and approved for medical accuracy by recognized obstetrical and gynecological specialists designated by the State Medical Board and that describes the methods of abortion procedures and treatments commonly employed and the medical risks and possible complications commonly associated with each procedure and treatment, as well as the possible physical and psychological effects that have been associated with having an abortion;

     (8) contains objective, unbiased information that is reviewed and approved for medical accuracy by recognized obstetrical and gynecological specialists designated by the State Medical Board and that describes the possible medical risks and complications commonly associated with pregnancy and childbirth, as well as the possible physical and psychological effects that have been associated with carrying a child to term;

     (9) contains objective, unbiased information that is reviewed and approved for medical accuracy by recognized obstetrical and gynecological specialists designated by the State Medical Board and that concerns the harmful effects on an unborn child when a woman consumes alcohol, tobacco, or illegal drugs during pregnancy;

     (10) contains objective, unbiased, and comprehensive information that is reviewed and approved for medical accuracy by recognized obstetrical and gynecological specialists designated by the State Medical Board and that describes the different types of available contraceptive choices, including abstinence and natural family planning, that describes the methods of contraception that are intended to prevent fertilization and the methods that are intended to prevent implantation of a fertilized egg, and that describes the reliability, psychological effects, medical risks, and complications commonly associated with each method;

     (11) contains a disclaimer on the website home page concerning the graphic or sensitive nature of the information contained on the website;

     (12) contains a signature form by which a person may indicate the person has reviewed the information.

 (b) The department shall adopt regulations establishing procedures for establishing and maintaining the information under this section.

 (c) In this section,
     (1) “abortion” has the meaning given in AS 18.16.090;

     (2) “fertilization” means the fusion of a human spermatozoon with a human ovum;

     (3) “gestational age” means the age of the unborn child as calculated from the first day of the last menstrual period of a pregnant woman;

     (4) “unborn child” means the offspring of a human being in utero at various stages of biological development.




Sec. 18.05.035. Planned parenthood information.
The department shall prepare information regarding planned parenthood. The department shall place the information in public hospitals, clinics, or other health facilities throughout the state, and upon request of its administrator, in a private hospital, clinic, or health facility, so that members of the public may obtain the information voluntarily, without request. The department shall also advertise the availability of the information and distribute it to any person upon written request.


Sec. 18.05.037. Fetal health effects information.
The department shall prepare or obtain distributable information on fetal alcohol effects and the fetal health effects of chemical abuse and battering during pregnancy. The department shall make this information available to public hospitals, clinics, and other health facilities in the state for distribution to their patients.


Sec. 18.05.040. Regulations.
 (a) The commissioner shall adopt regulations consistent with existing law for
     (1) the time, manner, information to be reported, and persons responsible for reporting for each disease or other condition of public health importance on the list developed under AS 18.15.370;

     (2) cooperation with local boards of health and health officers;

     (3) protection and promotion of the public health and prevention of disability and mortality;

     (4) the transportation of dead bodies, except that the commissioner may not require that a dead body be embalmed unless the body is known to carry a communicable disease or embalmment is otherwise required for the protection of the public health or for compliance with federal law;

     (5) carrying out the purposes of this chapter;

     (6) the conduct of its business and for carrying out the provisions of laws of the United States and the state relating to public health;

     (7) establishing the divisions and local offices and advisory groups necessary or considered expedient to carry out or assist in carrying out a duty or power assigned to it;

     (8) the voluntary certification of laboratories to perform diagnostic, quality control, or enforcement analyses or examinations based on recognized or tentative standards of performance relating to analysis and examination of food, including seafood, milk, water, and specimens from human beings submitted by licensed physicians and nurses for analysis;

     (9) the regulation of quality and purity of commercially compressed oxygen sold for human respiration;

     (10) establishing confidentiality and security standards for information and records received under AS 18.15.355 — 18.15.395.

 (b) A regulation may not be adopted under (a) of this section that duplicates, conflicts with, or is inconsistent with AS 18.60.705 — 18.60.740.




Sec. 18.05.042. Access to health care records.
 (a) The department may, during reasonable business hours, inspect health care records maintained by physicians and other health care professionals, hospitals, out-patient clinics, nursing homes, and other facilities or agencies providing health care services to patients that would identify patients or establish characteristics of an identified patient with cancer required to be reported under 42 U.S.C. 280e — 280e-4, or a birth defect or infectious disease required to be reported to protect the public health under this chapter and regulations adopted under this chapter. Disclosure of these health care records to the department does not constitute a breach of patient confidentiality.

 (b) The department may conduct research using health care data reported under (a) of this section. The department may provide data obtained under (a) of this section to other persons for clinical, epidemiological, or other public health research.

 (c) Data obtained or a record inspected under this section that identifies a particular individual
     (1) is confidential;

     (2) may not be further disclosed to other persons except by the department under (b) of this section; and

     (3) is not subject to inspection or copying under AS 40.25.110 — 40.25.125.




Secs. 18.05.044 , 18.05.046. Registry of persons with impairments; Use of the registry of persons with impairments. [Repealed, § 12 ch 54 SLA 2005.]
Sec. 18.05.050. Hospital advisory council. [Repealed, § 3 ch 89 SLA 1964.]
Secs. 18.05.051 — 18.05.055. Comprehensive Health Advisory Council; powers and duties; definitions. [Repealed, § 2 ch 78 SLA 1973.]
Secs. 18.05.056 — 18.05.060. Practice of lay midwifery. [Repealed, § 8 ch 130 SLA 1992. For current law, see AS 08.65.]
Sec. 18.05.061. Penalty for violation.
A person who violates a provision of AS 18.05.040 or 18.05.042 or a regulation adopted under AS 18.05.040 or 18.05.042 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500, or by imprisonment for not more than one year. Each day that a person continues a violation is a separate offense.


Sec. 18.05.065. 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.


Sec. 18.05.070. Definitions.
In this chapter,
     (1) “commissioner” means the commissioner of health and social services;

     (2) “condition of public health importance” means a disease, syndrome, symptom, injury, or other threat to health that is identifiable on an individual or community level and can reasonably be expected to lead to adverse health effects in the community;

     (3) “department” means the Department of Health and Social Services.




Chapter 06. Rights of Blind and Otherwise Physically Disabled Persons.

[Repealed, § 16 ch 69 SLA 1987. For current law, see AS 09.20.010; AS 09.65.150; AS 11.76.130; AS 18.80.]

Chapter 07. Certificate of Need Program.

Sec. 18.07.010. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.011. Statewide Health Coordinating Council. [Repealed, § 21 ch 6 SLA 1993.]
Sec. 18.07.020. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.021. Administration.
The department shall administer the certificate of need program under this chapter and perform other functions prescribed in this chapter.


Sec. 18.07.030. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.031. Certificate of need required; relocations.
 (a) Except as provided in (c) and (d) of this section, a person may not make an expenditure of $1,000,000 or more for any of the following unless authorized under the terms of a certificate of need issued by the department:
     (1) construction of a health care facility;

     (2) alteration of the bed capacity of a health care facility; or

     (3) addition of a category of health services provided by a health care facility.

 (b) Notwithstanding the expenditure threshold in (a) of this section, a person may not convert a building or part of a building to a nursing home that requires licensure as a nursing facility under AS 47.32 unless authorized under the terms of a certificate of need issued by the department.

 (c) Notwithstanding (a) of this section, a person who is lawfully operating a health care facility that is an ambulatory surgical facility at a site may make an expenditure of any amount in order to relocate the services of that facility to a new site in the same community without obtaining a certificate of need as long as neither the bed capacity nor the number of categories of health services provided at the new site is greater.

 (d) Beginning July 1, 2005, the $1,000,000 expenditure threshold in (a) of this section is increased by $50,000 annually on July 1 of each year up to and including July 1, 2014.

 (e) In (a) of this section, “expenditure” includes the purchase of property occupied by or the equipment required for the health care facility and the net present value of a lease for space occupied by or the equipment required for the health care facility; “expenditure” does not include costs associated with routine maintenance and replacement of equipment at an existing health care facility.




Sec. 18.07.035. Application and fees.
 (a) Application for a certificate of need shall be made to the department upon a form provided by the department and must contain the information the department requires to reach a decision under this chapter. Each application for a certificate of need must be accompanied by an application fee established by the department by regulation.

 (b) The department may require a person who intends to submit an application under (a) of this section to submit a letter of intent to the department, except in the case of an application for an emergency or temporary certificate of need authorized under AS 18.07.071.

 (c) The department shall notify the applicant in writing when the application is complete under this chapter.




Sec. 18.07.040. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.041. Standard of review for applications for certificates of need relating to non-nursing home beds and services.
The department shall grant a sponsor a certificate of need or modify a certificate of need that authorizes beds other than nursing home beds or that is for a health care facility other than a nursing home if the availability and quality of existing health care resources or the accessibility to those resources is less than the current or projected requirement for health services required to maintain the good health of citizens of this state.


Sec. 18.07.043. Standard of review for applications for certificates of need relating to nursing homes, nursing home beds, and residential psychiatric treatment centers.
 (a) The department shall develop review standards for an application for a certificate of need, or for a modification of a certificate of need, issued under this chapter for a health care facility that is a nursing home or residential psychiatric treatment center, or that has nursing home beds.

 (b) In developing the review standards under (a) of this section, the department shall consider whether
     (1) a public process and existing appropriate statewide, regional, and local plans were included in planning and designing the residential psychiatric treatment center, the additional nursing home beds, or the nursing home;

     (2) the residential psychiatric treatment center, the additional nursing home beds, or the nursing home meets minimum required use rates for, as applicable, the residential psychiatric treatment center or new nursing beds, and the effect on use rates for existing nursing home beds;

     (3) the residential psychiatric treatment center, the facility proposing additional nursing home beds, or the nursing home demonstrates consideration of the community, regional, and statewide needs for, as applicable, the residential psychiatric treatment center or the new nursing home beds;

     (4) the residential psychiatric treatment center, the additional nursing home beds, or the nursing home meets the minimum number of, as applicable, residential psychiatric treatment beds or new nursing beds that should be required in a facility to ensure efficiency and economies of scale;

     (5) the residential psychiatric treatment center, the facility proposing additional nursing home beds, or the nursing home demonstrates the proposed service will provide a quality of care equivalent to existing community, regional, or statewide services;

     (6) the residential psychiatric treatment center, the facility proposing additional nursing home beds, or the nursing home demonstrates financial feasibility, including long-term viability, and what the financial effect will be on consumers and the state; and

     (7) the sponsor has demonstrated cost effectiveness through considering the availability of appropriate, less costly alternatives of providing the services planned.

 (c) The department shall grant a sponsor a certificate of need or modify a certificate of need that authorizes a residential psychiatric treatment center or nursing home beds, or that is for a health care facility that is a nursing home, if the department finds that the sponsor meets the standards established in or under this chapter.




Sec. 18.07.045. Time standards for review of applications for certificates of need.
 (a) The following time standards apply for a review by the department of an application for a certificate of need under this chapter:
     (1) the department may defer commencement of the review process under this chapter for an application for a period not to exceed 60 days after the determination that the application is complete in order to allow the department to receive and consider concurrent applications from each person who has submitted a letter of intent to submit an application proposing an activity that is similar to the activity proposed by the application in the geographic area;

     (2) the department shall review the application made under this chapter and submit an analysis and recommendation to the commissioner within 60 days after the date that notification under AS 18.07.035(c) is sent to the applicant stating that the application is complete.

 (b) The commissioner may extend the time periods set out in (a) of this section for not more than 30 days for any of the following reasons:
     (1) the applicant amends the application under this chapter;

     (2) the department requests an extension of time within which to prepare its findings and recommendations on the application; the commissioner may grant only one extension under this paragraph.




Sec. 18.07.050. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.051. Terms of issuance of the certificate.
Each certificate issued must specify terms of issuance describing the nature and extent of the activities authorized by the certificate.


Sec. 18.07.060. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.061. Modification and termination of activities.
The certificate holder shall apply to the department for a modification of the certificate before terminating part of the activities authorized by the terms of issuance, but the certificate holder is not required to obtain the acquiescence of the department before terminating all the activities authorized by the certificate. If a certificate holder terminates all of the activities authorized by a certificate, the certificate holder is required to notify the department 60 days before termination and to surrender the certificate to the department within 30 days of termination.


Sec. 18.07.070. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.071. Temporary and emergency certificates.
 (a) The department shall grant a sponsor an emergency certificate for the construction of a health care facility for which a certificate is required under AS 18.07.031 if the sponsor shows, by affidavit or formal hearing, that the act of construction consists of effecting emergency repairs.

 (b) The department may grant a sponsor a temporary certificate for the temporary operation of a category of health service if the sponsor shows by affidavit or formal hearing
     (1) the necessity for early, immediate, or temporary relief; and

     (2) adverse effect to the public interest by reason of delay occasioned by compliance with the requirements of AS 18.07.041, 18.07.043, and application procedures prescribed by regulations under this chapter.

 (c) A temporary certificate granted under (b) of this section does not confer vested rights on behalf of the applicant. The department shall impose those special limitations and restrictions concerning duration and right of extension that the department considers appropriate. A temporary certificate may not be granted for a period longer than necessary for the sponsor to obtain review of the action certified by the temporary certificate under AS 18.07.051. Application for a certificate of need under AS 18.07.041 or 18.07.043 must commence within 60 days of the date of issuance of the temporary certificate.




Sec. 18.07.080. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.081. Proceedings for modification, suspension, and revocation.
 (a) The department, a member of the public who is substantially affected by activities authorized by the certificate, or another applicant for a certificate of need may initiate a hearing conducted by the office of administrative hearings (AS 44.64.010) to obtain modification, suspension, or revocation of an existing certificate of need by filing an accusation with the commissioner as prescribed under AS 44.62.360. A revocation, modification, or suspension of an outstanding certificate may not be undertaken unless it is in accordance with AS 44.62.330 — 44.62.630.

 (b) The certificate holder may obtain modification of an existing certificate by utilizing the application procedure enumerated in regulations adopted under this chapter.

 (c) A certificate of need shall be suspended if an accusation is filed before the commencement of activities authorized under AS 18.07.041 or 18.07.043 that charges that factors upon which the certificate of need was issued have changed or new factors have been discovered that significantly alter the need for the activity authorized. A suspension of a certificate may not exceed 60 days. At the end of this period or sooner, the department shall revoke or reinstate the certificate.

 (d) A certificate of need may be revoked if
     (1) the sponsor has not shown continuing progress toward commencement of the activities authorized under AS 18.07.041 or 18.07.043 after six months of issuance;

     (2) the applicant fails, without good cause, to complete activities authorized by the certificate;

     (3) the sponsor fails to comply with the provisions of this chapter or regulations adopted under this chapter;

     (4) the sponsor knowingly misrepresents a material fact in obtaining the certificate;

     (5) the facts charged in an accusation filed under (c) of this section are established; or

     (6) the sponsor fails to provide services authorized by the terms of the certificate.

 (e) A person may not file an accusation seeking suspension or revocation of a certificate of need under this section, knowing that the charges stated in the accusation are untrue or that the charges do not constitute grounds for revocation or suspension under this chapter.




Sec. 18.07.090. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.091. Injunctive relief; penalties; right of action.
 (a) Injunctive relief against violations of this chapter or regulations adopted under this chapter may be obtained from a court of competent jurisdiction at the instance of the commissioner, a holder of a certificate of need who is adversely affected in the exercise of the activities conducted in violation of the certificate, or any member of the public substantially and adversely affected by the violation. Upon written request by the commissioner, the attorney general shall furnish legal services and pursue the action for injunctive relief to an appropriate conclusion.

 (b) A person who files an accusation seeking suspension or revocation of a certificate of need, knowing that the charges are untrue or that the charges do not constitute grounds for revocation or suspension under this chapter, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000. The sponsor or holder of a certificate of need injured by the violation of AS 18.07.081(e) may recover damages for loss incurred by reason of delay caused by a suspension.




Sec. 18.07.100. [Repealed, § 1 ch 275 SLA 1976.]
Sec. 18.07.101. Regulations.
The commissioner shall adopt, in accordance with AS 44.62 (Administrative Procedure Act), regulations that establish procedures under which sponsors may make application for certificates of need required by this chapter and that govern the review of those applications by the department, establish requirements for a uniform statewide system of reporting financial and other operating data, and otherwise carry out the purposes of this chapter.


Sec. 18.07.111. Definitions.
In this chapter,
     (1) “category of health services” means a major type, program, unit, division, or department of care provided through a health care facility, whether inpatient or outpatient, including an outpatient department, psychiatric wing, kidney dialysis program, radiotherapy, burn unit, or newborn intensive care unit, except that “service” does not include the lawful practice of a profession or vocation conducted independently of a health care facility and in accordance with applicable licensing laws of the state;

     (2) “certificate” means a certificate of need issued by the department under AS 18.07.041, 18.07.043, or 18.07.071;

     (3) “commencement of activities” means the visible commencement of actual operations on the ground for the construction of a building, the alteration of the bed capacity of a health care facility, or the provision for a category of health services to consumers, which operations are readily recognizable as such, and which operations are done with intent to continue the work until such activities are completed;

     (4) “commissioner” means the commissioner of health and social services;

     (5) “complete activities” means the substantial performance of the work required to comply with the terms of issuance of the certificate of need to which all parties participating in those activities have obligated themselves to perform;

     (6) “construction” means the erection, building, alteration, reconstruction, improvement, extension, or modification of a health care facility under this chapter, including lease or purchase of equipment, excavation, or other necessary actions;

     (7) “department” means the Department of Health and Social Services;

     (8) “health care facility” means a private, municipal, state, or federal hospital, psychiatric hospital, independent diagnostic testing facility, residential psychiatric treatment center, tuberculosis hospital, skilled nursing facility, kidney disease treatment center (including freestanding hemodialysis units), intermediate care facility, and ambulatory surgical facility; the term excludes
          (A) the Alaska Pioneers’ Home and the Alaska Veterans’ Home administered by the Department of Health and Social Services under AS 47.55; and

          (B) the offices of private physicians or dentists whether in individual or group practice;

     (9) “nursing home bed” means a bed not used for acute care in which nursing care and related medical services are provided over a period of 24 hours a day to individuals admitted to the health care facility because of illness, disease, or physical infirmity;

     (10) “residential psychiatric treatment center” means a secure or semi-secure psychiatric facility or inpatient program in a psychiatric facility that is licensed by the Department of Health and Social Services and that provides therapeutically appropriate and medically necessary diagnostic, evaluation, and treatment services
          (A) 24 hours a day for children with severe emotional or behavioral disorders;

          (B) under the direction of a physician; and

          (C) under a professionally developed and supervised individual plan of care designed to achieve the recipient’s discharge from inpatient status at the earliest possible time that is intensively and collaboratively delivered by an interdisciplinary team involving medical, mental health, educational, and social service components.




Chapter 08. Emergency Medical Services.

Sec. 18.08.010. Administration.
The department is responsible for the development, implementation, and maintenance of a statewide comprehensive emergency medical services system and, accordingly, shall
     (1) coordinate public and private agencies engaged in the planning and delivery of emergency medical services, including trauma care, to plan an emergency medical services system;

     (2) assist public and private agencies to deliver emergency medical services, including trauma care, through the award of grants in aid;

     (3) conduct, encourage, and approve programs of education and training designed to upgrade the knowledge and skills of health personnel involved in emergency medical services, including trauma care;

     (4) establish and maintain a process under which hospitals and clinics could represent themselves to be trauma centers because they voluntarily meet criteria adopted by the department; criteria adopted by the department to implement this paragraph must be based on an applicable national evaluation system.




Sec. 18.08.015. Patient information system.
 (a) The department may establish an emergency medical services patient care information system. If the department collects information on emergency medical services patient care, the department shall establish a format for the data collection. The purpose of the system is to
     (1) collect data on the incidence, severity, and causes of trauma injuries;

     (2) integrate this data on trauma injuries with information available from other public and private sources on trauma injuries; and

     (3) improve the delivery of prehospital and hospital emergency medical services.

 (b) A person, organization, or government agency that provides a prehospital emergency medical service through a certificate issued under this chapter shall participate in the system by making available to the department the minimum data requested in a format that is compatible with the format developed by the department to implement (a) of this section. The minimum data must include the
     (1) type of medical emergency or nature of the call;

     (2) response time; and

     (3) prehospital treatment provided.

 (c) A hospital that provides emergency medical services shall make available to the department an abstract of the records of all patients admitted to the hospital’s trauma and general surgery services for trauma care. The abstracts must be in a format that is compatible with the format developed by the department under (a) of this section.

 (d) The department shall consult with the Alaska Council on Emergency Medical Services in designing, implementing, and revising the system.

 (e) The department may delegate the responsibility for collecting data under this section to other public agencies or to private persons on contract to the department.

 (f) In this section, “system” means the emergency medical services patient care information system established under this section.




Sec. 18.08.020. Alaska Council on Emergency Medical Services.
There is established in the department the Alaska Council on Emergency Medical Services. The council shall advise the commissioner and the governor with regard to the planning and implementation of a statewide emergency medical services system.


Sec. 18.08.030. Composition.
The council consists of 11 members appointed by the governor. The governor shall provide for appropriate geographical distribution in the appointments and shall appoint
     (1) two members who are physicians with experience in emergency medicine or trauma care;

     (2) one member who is a registered nurse with experience in emergency nursing;

     (3) three members who are active as prehospital emergency care providers, at least one of whom resides in a community that is not connected by land or marine highway, or a combination of land and marine highway, to a community in which a hospital is located; in this paragraph, “highway” has the meaning given in AS 28.90.990;

     (4) one member who is an emergency medical services administrator;

     (5) one member who is an administrator of a hospital or Native health care organization; and

     (6) three members who are consumers of emergency medical services who each reside in a different judicial district in the state.




Sec. 18.08.040. Term of office.
 (a) Members of the council shall be appointed for staggered terms of four years.

 (b) [Repealed, § 27 ch 36 SLA 1993.]
 (c) A vacancy occurring in the membership of the council shall be filled by appointment by the governor in the same manner as original appointments, and when a seat is vacated before expiration of a term, the vacancy shall be filled for the unexpired portion of the vacated term.




Sec. 18.08.050. Compensation and per diem.
Members of the council receive no salary, but are entitled to per diem, reimbursement for travel, and other expenses authorized by law for boards and commissions.


Sec. 18.08.060. Meetings.
The council shall meet at the call of the chairman not less frequently than twice a year. A majority of members constitutes a quorum.


Sec. 18.08.070. Special committees.
The council may create special committees or task forces outside its membership and may appoint persons who are not members of the council to serve as advisors or consultants to any committee created to carry out the purposes of the council.


Sec. 18.08.075. Authority of emergency medical technician.
 (a) An emergency medical technician who responds to an emergency with an ambulance service or first responder service, who has in the technician’s possession a current emergency medical technician identification card, and who provides emergency medical care or other emergency medical service, has the authority to
     (1) control and direct activities at the accident site or emergency until the arrival of law enforcement personnel;

     (2) order a person other than the owner to leave a building or place in the vicinity of the accident or other emergency for the purpose of protecting the person from injury;

     (3) temporarily block a public highway, street, or private right-of-way while at the scene of an accident, illness, or emergency;

     (4) trespass upon property at or near the scene of an accident, illness, or emergency at any time of day or night;

     (5) enter a building, including a private dwelling, or premises where a report of an injury or illness has taken place or where there is a reasonable cause to believe an individual has been injured or is ill to render emergency medical care; and

     (6) direct the removal or destruction of a motor vehicle or other thing that the emergency medical technician determines is necessary to prevent further harm to injured or ill individuals.

 (b) A person who knowingly refuses to comply with an order of an emergency medical technician authorized under (a) of this section is, upon conviction, guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in AS 11.81.900(a).




Sec. 18.08.080. Regulations.
 (a) The department shall adopt, with the concurrence of the Department of Public Safety, regulations establishing standards and procedures for the issuance, renewal, reissuance, revocation, and suspension of certificates required under AS 18.08.084, as well as other regulations necessary to carry out the purposes of this chapter.

 (b) The department may charge fees set by regulation for the certification of individuals and organizations under this chapter.




Sec. 18.08.082. Issuance of certificates; designations.
 (a) The department shall prescribe by regulation a course of training or other requirements prerequisite to the issuance of certificates that provide for the following:
     (1) certification of a person who meets the training and other requirements as an emergency medical technician, emergency medical technician instructor, or emergency medical dispatcher;

     (2) authorization for an emergency medical technician certified under this chapter to provide under the written or oral direction of a physician the advanced life support services enumerated on the certificate or enumerated on a written document filed with the department by the technician’s medical director and approved by the department under its regulations;

     (3) certification that a person, organization, or government agency that provides an emergency medical service, conducts a training course for a mobile intensive care paramedic, or represents itself as a trauma center meets the minimum standards prescribed by the department for that service, course, or designation; and

     (4) authorization for an emergency medical service certified under this chapter to provide under the written or oral direction of a physician the advanced life support services enumerated on the certificate or enumerated on a written document filed with the department by the medical director for the emergency medical service and approved by the department under its regulations.

 (b) The department is the central certifying agency for personnel certified under (a)(1) and (2) of this section and under regulations adopted under AS 18.08.080.

 (c) The commissioner shall establish special designations in regulation for varying levels of trauma care provided by any certified trauma center in the state that shall be used to set compensation eligibility and amounts under AS 18.08.085. The designations shall be based on nationally recognized standards and procedures.




Sec. 18.08.084. Certificate required.
 (a) One may not represent oneself, nor may an agency or business represent an agent or employee of that agency or business, as an emergency medical dispatcher, emergency medical technician, or emergency medical technician instructor certified by the state unless the person represented is certified for that occupation under AS 18.08.082.

 (b) A person, organization, or government agency may not represent itself as an emergency medical service or ambulance service certified by the state unless the person, organization, or government agency is certified as an emergency medical service under AS 18.08.082.

 (c) A person may not provide, offer, or advertise to provide advanced life support services outside a hospital unless authorized by law.

 (d) A person, organization, or government agency that provides, offers, or advertises to provide an emergency medical service may not provide advanced life support services unless authorized under AS 18.08.082.

 (e) A hospital, clinic, or other entity may not represent itself as being a trauma center unless it is certified under AS 18.08.082 as meeting the criteria established for a trauma center.

 (f) A person, organization, or government agency may not offer or conduct a training course that is represented as a course for mobile intensive care paramedics unless the person, organization, or agency is certified under AS 18.08.082 to offer or conduct that course.




Sec. 18.08.085. Trauma care fund; creation.
 (a) The trauma care fund is created. The purpose of the fund is to compensate certified trauma centers in the state that receive a special designation under AS 18.08.082(c) and that achieve or maintain the highest appropriate level of trauma care designation.

 (b) The fund consists of money appropriated to it by the legislature, including donations, recoveries of or reimbursements for awards made from the fund, income from the fund, and other program receipts from activities under this chapter. Appropriations to the fund do not lapse.

 (c) The commissioner shall administer the fund in accordance with the provisions of this chapter. The commissioner shall spend money from the trauma care fund for the purpose established in (a) of this section.

 (d) The commissioner shall establish compensation standards under this section. The standards must include funding priorities for trauma centers receiving a special designation under AS 18.08.082(c). The commissioner may seek the advice of a special committee for review of statewide trauma care and compensation standards.

 (e) The commissioner may not provide more than 25 percent of the total assets, including earnings, of the fund in a fiscal year to one trauma center.




Sec. 18.08.086. Immunity from liability.
 (a) A person certified under AS 18.08.082 who administers emergency medical services to an injured or sick person, a person or public agency that employs, sponsors, directs, or controls the activities of persons certified under AS 18.08.082 who administer emergency medical services to an injured or sick person, or a health care professional or emergency medical dispatcher acting within the scope of the person’s certification who directs or advises a person to administer emergency medical services to an injured or sick person is not liable for civil damages as a result of an act or omission in administering those services or giving that advice or those directions if the administering, advising, and directing are done in good faith and the injured or sick person reasonably seems to be in immediate danger of serious harm or death. This subsection does not preclude liability for civil damages that are the proximate result of gross negligence or intentional misconduct, nor preclude imposition of liability on a person or public agency that employs, sponsors, directs, or controls the activities of persons certified under AS 18.08.082 if the act or omission is a proximate result of a breach of duty to act created under this chapter. For the purposes of this subsection, “gross negligence” means reckless, wilful, or wanton misconduct.

 (b) A physician who in good faith arranges for, requests, recommends, or initiates the transfer of a patient from a hospital to another hospital is not liable for civil damages as a result of arranging, requesting, recommending, or initiating the transfer if
     (1) in the exercise of that degree of knowledge or skill possessed, or that degree of care ordinarily exercised by physicians practicing the same specialty in the same or similar communities to that in which the physician is practicing, the physician determines that treatment of the patient’s medical condition is beyond the capability of the transferring hospital or the medical community in which the hospital is located;

     (2) the physician has confirmed that the receiving facility is more capable of treating the patient; and

     (3) the physician has secured a prior agreement from the receiving facility to accept and render the necessary treatment to the patient.

 (c) A registered or advanced practice registered nurse or licensed practical nurse who escorts a patient in a means of conveyance not equipped as an ambulance is not liable for civil damages as a result of an act or omission in administering patient care services, if done in good faith and if the life of the injured or sick person is in danger. This subsection does not preclude liability for civil damages that are the result of gross negligence or intentional misconduct.

 (d) A person certified as an emergency medical technician instructor, a person or entity certified to conduct a training course for mobile intensive care paramedics, and a person who employs or contracts with a certified emergency medical technician instructor or with a person or entity certified to conduct a training course for mobile intensive care paramedics is not liable for civil damages as a result of a negligent act or omission during a training course that injures the person or property of a person participating in the training course.




Sec. 18.08.087. Disclosure of medical records.
When requested for the purpose of evaluating the performance of an emergency medical technician, mobile intensive care paramedic, or physician who provided emergency medical care or other assistance to a sick or injured person, a licensed physician, advanced practice registered nurse, or physician assistant may disclose to an emergency medical technician, a mobile intensive care paramedic, or physician the medical or hospital records of a sick or injured person to whom the paramedic, technician, or physician is providing or has rendered emergency medical care or assistance. However, the disclosing physician, advanced practice registered nurse, or physician assistant shall limit disclosure under this section to the records that are considered necessary by the discloser for evaluation of the paramedic’s, technician’s, or physician’s performance in providing the emergency medical care or assistance. A mobile intensive care paramedic, emergency medical care technician, or physician to whom confidential records are disclosed under this section may not further disclose the information to a person not entitled to receive that information under this section or another law.


Sec. 18.08.088. Penalty.
A person who violates a provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both. Each violation is a separate offense.


Sec. 18.08.089. Authority to pronounce death.
 (a) A mobile intensive care paramedic or physician assistant registered or licensed under AS 08.64.107 or an emergency medical technician certified under this chapter may make a determination and pronouncement of death of a person under the following circumstances:
     (1) the paramedic or emergency medical technician is an active member of an emergency medical service certified under this chapter;

     (2) neither a physician licensed under AS 08.64 nor a physician exempt from licensure under AS 08.64 is immediately available for consultation by radio or telephone communications;

     (3) the paramedic, physician assistant, or emergency medical technician has determined, based on acceptable medical standards, that the person has sustained irreversible cessation of circulatory and respiratory functions.

 (b) A mobile intensive care paramedic, physician assistant, or emergency medical technician who has determined and pronounced death under this section shall document the clinical criteria for the determination and pronouncement on the person’s emergency medical service report form and notify the appropriate medical director or collaborative physician as soon as communication can be established. The paramedic, physician assistant, or emergency medical technician shall provide to the person who signs the death certificate the
     (1) name of the deceased;

     (2) presence of a contagious disease, if known; and

     (3) date and time of death.

 (c) Except as otherwise provided under AS 18.50.230, a physician licensed under AS 08.64 shall certify a death determined under (b) of this section within 24 hours after the pronouncement by the mobile intensive care paramedic, physician assistant, or emergency medical technician.

 (d) In this section,
     (1) “acceptable medical standards” means cardiac arrest accompanied by
          (A) the presence of injuries incompatible with life, including incineration, decapitation, open head injury with loss of brain matter, or detruncation;

          (B) the presence of rigor mortis;

          (C) the presence of post mortem lividity; or

          (D) failure of the patient to respond to properly administered resuscitation efforts;

     (2) “failure of the patient to respond” means without restoration of spontaneous pulse or respiratory effort by the patient;

     (3) “properly administered resuscitation efforts” means
          (A) when a person authorized to perform advanced cardiac life support techniques is not available and the patient is not hypothermic, at least 30 minutes of properly performed cardiopulmonary resuscitation;

          (B) when a person authorized to perform advanced cardiac life support techniques is not available and the patient is hypothermic, at least 60 minutes of cardiopulmonary resuscitation properly performed in conjunction with rewarming techniques as described in the current State of Alaska Hypothermia and Cold Water Near-Drowning Guidelines published by the division of public health, Department of Health and Social Services; or

          (C) at least 30 minutes of cardiopulmonary resuscitation and advanced cardiac life support techniques properly performed by a person authorized to perform advanced life support services.




Sec. 18.08.090. [Renumbered as AS 18.08.200.]
Sec. 18.08.095. Air ambulance service.
An air ambulance service provider that provides air ambulance services to an individual covered under an air ambulance membership agreement with the provider may not deny emergency medical services to any person on the basis that the person is not covered under an air ambulance membership agreement. In this section, “air ambulance membership agreement” and “air ambulance service provider” have the meanings given in AS 21.61.110.


Sec. 18.08.200. Definitions.
In this chapter,
     (1) “advanced life support” means emergency care techniques provided under the written or oral orders of a physician that include manual electric cardiac defibrillation, administration of antiarrhythmic agents, intravenous therapy, intramuscular therapy, or use of endotracheal intubation devices;

     (2) “ambulance” means any publicly or privately owned means of conveyance intended to be used and maintained or operated for the transportation of persons who are sick, injured, wounded, or otherwise helpless;

     (3) “commissioner” means the commissioner of health and social services;

     (4) “consumer of emergency medical services” means a person who is not a provider of emergency medical services as defined in this section;

     (5) “department” means the Department of Health and Social Services;

     (6) “emergency medical care” means the services utilized in responding to the perceived individual needs for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury;

     (7) “emergency medical dispatcher” means a trained public safety telecommunicator with additional training and specific emergency medical knowledge essential for the efficient management of emergency medical communications;

     (8) “emergency medical service” means the provision of emergency medical care and transportation of the sick and injured;

     (9) “emergency medical services system” means a system that provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery of health care services, including trauma care, under emergency conditions, occurring either as a result of the patient’s condition or of natural disasters or similar situations, and that is administered by a statewide network that has the authority and resources to provide effective administration of the system;

     (10) “emergency medical technician” means a person trained in emergency medical care and certified in accordance with the regulations prescribed under AS 18.08.080;

     (11) “paramedic training program” means a training program prescribed in regulations of the department that includes classroom, clinical, and field internship components designed to provide an individual with the knowledge and skills necessary to function as a mobile intensive care paramedic;

     (12) “provider of emergency medical services” means a person whose occupation or profession is, or has been, the delivery or administration of emergency medical services; a person who has a fiduciary position with, or has a fiduciary interest in, a health activity, facility or other health agency, or a legal or financial interest in the rendering of any component of emergency medical services; and

     (13) “trauma care” includes injury prevention, triage, prehospital care, hospital care, and rehabilitative services for major single system or multisystem injuries that require immediate medical or surgical intervention or treatment to prevent death or permanent disability.




Chapter 09. Statewide Health Care.

Article 1. Alaska Health Care Commission.


Sec. 18.09.010. Alaska Health Care Commission.
The Alaska Health Care Commission is established in the Department of Health and Social Services. The purpose of the commission is to provide recommendations for and foster the development of a statewide plan to address the quality, accessibility, and availability of health care for all citizens of the state.


Sec. 18.09.020. Composition; chair.
The commission consists of 14 members as follows:
     (1) 11 voting members appointed by the governor as follows:
          (A) the state officer assigned the duties of medical director for the department, who shall serve as chair;

          (B) one member who represents the tribal health community in the state;

          (C) one member who represents a statewide chamber of commerce who is not financially associated with the health care industry;

          (D) one member who represents the Alaska State Hospital and Nursing Home Association;

          (E) one member who is a health care provider and
               (i) engaged in the active practice of the health care provider’s profession in the state;

               (ii) licensed to practice in the state;

               (iii) not affiliated with the Alaska State Hospital and Nursing Home Association;

          (F) one member who represents the health insurance industry in the state;

          (G) one member who is
               (i) a health care consumer;

               (ii) a resident of the state; and

               (iii) not employed by and does not have a business interest in the health care industry;

          (H) one member who is a licensed primary care physician in the state and who is in the active practice of family medicine, primary care internal medicine, or pediatric medicine;

          (I) one member who represents the Alaska Mental Health Trust Authority;

          (J) one member who represents community health centers in the state;

          (K) one member who is involved in the United States Department of Veterans Affairs health care industry;

     (2) three nonvoting members appointed as follows:
          (A) one ex officio member from the house of representatives, appointed by the speaker of the house of representatives;

          (B) one ex officio member from the senate, appointed by the president of the senate;

          (C) an ex officio member representing the Office of the Governor.




Sec. 18.09.030. Public members’ terms of office.
 (a) Public members of the commission serve for staggered terms of three years or until a successor is appointed.

 (b) If a vacancy occurs in a public member’s seat on the commission, the governor shall make an appointment for the unexpired portion of that member’s term.

 (c) A public member may serve not more than two consecutive terms.

 (d) In this section, “public member” means those members appointed under AS 18.09.020(1)(B) — (K).




Sec. 18.09.040. Executive director.
The commission may employ an executive director, who may not be a member of the commission and who may be current staff of the department. The executive director serves at the pleasure of the commission. The commission shall establish the duties of the executive director. The executive director is in the partially exempt service under AS 39.25 (State Personnel Act).


Sec. 18.09.050. Staff.
The department may assign employees of the department to serve as staff to the commission. The commission shall prescribe the duties of the commission staff.


Sec. 18.09.060. Bylaws.
The commission, on approval of a majority of its membership and consistent with state law, shall adopt and amend bylaws governing proceedings and other activities, including provisions concerning
     (1) a quorum to transact commission business and other aspects of procedure;

     (2) frequency and location of meetings;

     (3) establishment, functions, and membership of committees; and

     (4) conflicts of interest that require
          (A) a member to declare a substantial financial interest in an official action and to request to be excused from voting in that instance;

          (B) a ruling by the chair on a request by a member to be excused from voting;

          (C) an opportunity to override a ruling by the chair on a majority vote;

          (D) filing of a written disclosure form with the department that lists all potential conflicts of interest of a member valued at more than $5,000 annually if the interest is related to health care system income affecting the member or a member of the member’s immediate family.




Sec. 18.09.070. Duties of the commission.
 (a) The commission shall serve as the state health planning and coordinating body. Consistent with state and federal law, the commission shall provide recommendations for and foster the development of a statewide health plan containing the following:
     (1) a comprehensive statewide health care policy;

     (2) a strategy for improving the health of all residents of the state that
          (A) encourages personal responsibility for disease prevention, healthy living, and acquisition of health insurance;

          (B) reduces health care costs by using savings from
               (i) enhanced market forces;

               (ii) fraud reduction;

               (iii) health information technology;

               (iv) management efficiency;

               (v) preventative medicine;

               (vi) successful innovations identified by other states; and

               (vii) other cost-saving measures;

          (C) eliminates known health risks, including unsafe water and wastewater systems;

          (D) develops a sustainable health care workforce;

          (E) improves access to quality health care; and

          (F) increases the number of insurance options for health care services.

 (b) The commission may hold public hearings to gather information and opinions from health care consumers on matters before the commission. Hearings shall be conducted under AS 44.62.210, except that the commission shall provide public notice of hearings not less than 15 days before the conduct of the hearing and include not fewer than three notices published in the statewide news media.

 (c) The commission shall submit to the governor and the legislature by January 15 of each year an annual report regarding the commission’s recommendations and activities. The report shall include voting records, copies of financial disclosures, and conflicts of interest statements.




Sec. 18.09.080. Compensation, per diem, and expenses.
A member appointed to the commission under AS 18.09.020(1) is entitled to per diem, reimbursement for travel, and other expenses authorized by law for boards and commissions under AS 39.20.180.


Article 2. Statewide Immunization Program.


Sec. 18.09.200. Statewide immunization program established; commissioner’s duties.
 (a) In addition to health promotion and vaccine registration activities of the department, a statewide immunization program is established in the department for the purpose of monitoring, purchasing, and distributing included vaccines to providers approved by the department who agree to provide the included vaccines to state residents under terms consistent with the program and state and federal law.

 (b) The commissioner shall
     (1) establish a procedure to phase in the program over a three-year period that provides for participation by an assessable entity;

     (2) maintain a list of recommended vaccines for inclusion in the program;

     (3) for each included vaccine, establish the initial vaccine assessment for the first year of the program and thereafter make annual assessments based on the determinations made by the council established under AS 18.09.210;

     (4) notify assessable entities and other program participants of the annual vaccine assessment for each vaccine included in the program;

     (5) devise a method for crediting to assessable entities and other program participants overpayments of vaccine assessments made for reasons related to administrative error, program termination, or lower than anticipated actual usage of the program by covered individuals;

     (6) coordinate collective purchases of included vaccines;

     (7) establish a procedure for statewide distributions of vaccines purchased under the program; and

     (8) review vaccine assessment appeals for error.




Sec. 18.09.210. State Vaccine Assessment Council; members; duties.
 (a) The State Vaccine Assessment Council is established in the department for the purpose of determining the amount of vaccine assessments made by the commissioner to be paid by assessable entities and other program participants in the state under procedures established by the council.

 (b) The council consists of eight members appointed by the commissioner as follows:
     (1) the department’s chief medical officer for public health or the chief medical officer’s designee, who shall serve as chair;

     (2) two health care providers licensed in the state, one of whom must be a pediatrician;

     (3) three members representing health care insurers licensed in the state under AS 21.54, one of whom must be a plan administrator; each insurer must represent a different organization in the state;

     (4) a representative of a tribal or public health insurance plan;

     (5) the director of the division of insurance or the director’s designee.

 (c) A member appointed to the council under (b)(2) — (4) of this section serves without compensation and reimbursement of expenses for a term of three years or until a successor is appointed. A member may not serve more than two consecutive terms.

 (d) The council shall meet at the call of the chair and conduct business by majority vote.

 (e) The department shall provide staff and other assistance to the council.

 (f) The council shall
     (1) establish and implement a plan of operation to
          (A) determine the amount of the annual vaccine assessment, subject to review by the commissioner, for each included vaccine for each covered individual following the initial vaccine assessment amounts determined by the commissioner;

          (B) use a method for determining the vaccine assessment amount that attributes to each assessable entity and other program participant the proportionate costs of included vaccines for covered individuals;

          (C) establish procedures for the collection and deposit of the vaccine assessment;

          (D) establish procedures for collecting and updating data from assessable entities and other program participants as necessary for the operation of the program and the determination of the annual vaccine assessment; the data collected must include the number of covered individuals by each assessable entity and other program participant and the annual vaccine program usage by each covered individual;

          (E) devise a system for reducing surplus payments made by an assessable entity and other program participant by crediting past overpayments to current year vaccine assessments;

     (2) submit to the commissioner and to the legislature, not later than July 1 of each year, an annual financial report, including assessment determinations and overall costs of the program, in a form acceptable to the commissioner and the legislature;

     (3) monitor compliance with the program requirements and vaccine assessments and submit a periodic noncompliance report to the commissioner and the director of insurance that lists assessable entities and other program participants that failed to
          (A) remit vaccine assessments as determined by the council and approved by the commissioner; or

          (B) comply with a reporting or auditing requirement under the program after notice from the council.




Sec. 18.09.220. Vaccine assessment and reporting requirements.
 (a) An assessable entity and other program participant shall, after being phased into the program under procedures approved by the commissioner,
     (1) pay to the department the annual combined vaccine assessments as determined under the program for the included vaccines covered by the assessable entity or other program participant for each covered individual on a schedule adopted by the council;

     (2) provide information requested by the council to determine the number of covered individuals, actual vaccine usage under the program, and other data necessary to calculate and monitor compliance with the vaccine assessment; and

     (3) provide audited financial statements upon request of the council.

 (b) A vaccine assessment must include a reasonable contribution toward support of the program and appropriate reserve funds, as determined by the council. A vaccine assessment may not include a provider fee for the administration of the vaccine.

 (c) A vaccine assessment shall be construed as a medical expense of the assessable entity or other program participant.

 (d) An assessable entity or other program participant may appeal a determination of a vaccine assessment made by the council to the commissioner within 10 days after receiving notification of the assessment. The commissioner shall review the appeal and all materials relevant to the assessment that is the subject of the appeal and shall modify the assessment if the commissioner finds substantial evidence of an error.

 (e) An assessable entity may opt out of the program during the three-year phase-in period under procedures approved by the commissioner.




Sec. 18.09.225. Other program participants.
 (a) A health care provider or group of providers may opt into the program if approved by the commissioner under regulations adopted by the department.

 (b) An assessable entity may not deny a claim for coverage by a health care provider of vaccines not distributed under the program.

 (c) A health care provider may not bill a payor for or resell a vaccine distributed under the program.




Sec. 18.09.230. Vaccine assessment account; creation.
 (a) The vaccine assessment account is created as an account in the general fund. The legislature may appropriate to the account program receipts attributable to vaccine assessments under AS 18.09.220, money from other sources, and interest earned on money in the account. Appropriations to the account do not lapse.

 (b) The legislature may make appropriations from the vaccine assessment account for the purchase of included vaccines for the benefit of state residents in an amount requested by the department and for other purposes of the program.




Sec. 18.09.240. Penalties.
An assessable entity or other program participant that fails to pay a required annual vaccine assessment after notification of the assessment or fails to comply with a request for information necessary for determination of the assessment may be assessed an additional noncompliance fee as determined by the commissioner under regulations adopted by the department.


Article 3. General Provisions.


Sec. 18.09.900. Regulations.
The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter.


Sec. 18.09.990. Definitions.
In this chapter,
     (1) “assessable entity” means
          (A) a health care insurer as defined in AS 21.54.500;

          (B) an entity that provides the state health care plan described in AS 39.30.090 and 39.30.091;

          (C) a public or private entity that offers a publicly funded plan in the state, to the extent participation in the program is authorized by law;

          (D) a third-party administrator as defined in AS 21.97.900;

     (2) “commission” means the Alaska Health Care Commission established in AS 18.09.010;

     (3) “commissioner” means the commissioner of health and social services;

     (4) “council” means the State Vaccine Assessment Council;

     (5) “covered individual” means an adult or child who resides in the state and who is provided insurance coverage for an included vaccine by an assessable entity or who is a patient of another program participant;

     (6) “department” means the Department of Health and Social Services.

     (7) “included vaccine” means a vaccine recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, United States Department of Health and Human Services, and included on a list maintained by the commissioner for inclusion in the program;

     (8) “other program participant” and “another program participant” mean a health care provider or group of providers who have opted into the program under AS 18.09.225 to both purchase vaccines for and administer vaccinations to residents of the state;

     (9) “program” means the statewide immunization program;

     (10) “provider” means a person licensed or certified by the state to administer vaccines or provide health care services or a partnership, corporation, or other entity made up of persons licensed or certified to administer vaccines or provide health care services;

     (11) “vaccine” means a preparation of killed microorganisms, living attenuated organisms, living fully virulent organisms, or other substances that are administered to humans for the purpose of producing or artificially increasing specific immunity to life-threatening and disabling diseases.




Chapter 10. Health Units and Districts.

Sec. 18.10.010. Local health unit and health board.
Each community or settlement outside an incorporated city is a health unit. In each health unit there shall be a board of health composed of the president of the school board and two citizens of the unit selected by the school board. At least one of the members of the health board must, where practicable, be a licensed physician. In a health unit where there is no school board, the commissioner shall appoint three residents of the unit to the local board of health, at least one member of which must, where practicable, be a licensed physician.


Sec. 18.10.020. Health unit in incorporated city.
AS 18.10.010 applies to an incorporated city unless the city otherwise provides for the establishment and maintenance of a local board of health or a health officer.


Sec. 18.10.030. Health units in Native villages and communities.
In a Native village, or community composed largely of Natives, where the formation of a board of health is impracticable, the commissioner may delegate to a representative of the Alaska Native Service the authority granted to the local boards of health.


Sec. 18.10.040. Health districts.
Two or more contiguous health units of two or more local boards of health for contiguous incorporated cities may be constituted a health district by the department. Members of the board of health for this type of health district shall be appointed by the department from residents of each health unit or incorporated city represented in the health district in the numbers and for the periods of time determined by the department.


Sec. 18.10.050. Commissioner to supervise local health boards.
Each local board of health whether inside or outside incorporated cities, and each representative of the Alaska Native Service acting in the capacity of health officer is responsible to and under the supervision of the commissioner.


Secs. 18.10.060 — 18.10.250. Consolidated Health Districts. [Repealed, § 39 ch 69 SLA 1970.]
Sec. 18.10.260. Definitions.
In this chapter,
     (1) “commissioner” means the commissioner of health and social services;

     (2) “department” means the Department of Health and Social Services.




Chapter 12. Living Wills and Do Not Resuscitate Orders.

Secs. 18.12.010 — 18.12.100. Living Wills and Do Not Resuscitate Orders. [Repealed, § 15 ch 83 SLA 2004. For current provisions see AS 13.52.]

Chapter 13. Genetic Privacy.

Sec. 18.13.010. Genetic testing.
 (a) Except as provided in (b) of this section,
     (1) a person may not collect a DNA sample from a person, perform a DNA analysis on a sample, retain a DNA sample or the results of a DNA analysis, or disclose the results of a DNA analysis unless the person has first obtained the informed and written consent of the person, or the person’s legal guardian or authorized representative, for the collection, analysis, retention, or disclosure;

     (2) a DNA sample and the results of a DNA analysis performed on the sample are the exclusive property of the person sampled or analyzed.

 (b) The prohibitions of (a) of this section do not apply to DNA samples collected and analyses conducted
     (1) under AS 44.41.035 or comparable provisions of another jurisdiction;

     (2) for a law enforcement purpose, including the identification of perpetrators and the investigation of crimes and the identification of missing or unidentified persons or deceased individuals;

     (3) for determining paternity;

     (4) to screen newborns as required by state or federal law;

     (5) for the purpose of emergency medical treatment.

 (c) A general authorization for the release of medical records or medical information may not be construed as the informed and written consent required by this section. The Department of Health and Social Services may by regulation adopt a uniform informed and written consent form to assist persons in meeting the requirements of this section. A person using that uniform informed and written consent is exempt from civil or criminal liability for actions taken under the consent form. A person may revoke or amend their informed and written consent at any time.




Sec. 18.13.020. Private right of action.
A person may bring a civil action against a person who collects a DNA sample from the person, performs a DNA analysis on a sample, retains a DNA sample or the results of a DNA analysis, or discloses the results of a DNA analysis in violation of this chapter. In addition to the actual damages suffered by the person, a person violating this chapter shall be liable to the person for damages in the amount of $5,000 or, if the violation resulted in profit or monetary gain to the violator, $100,000.


Sec. 18.13.030. Criminal penalty.
 (a) A person commits the crime of unlawful DNA collection, analysis, retention, or disclosure if the person knowingly collects a DNA sample from a person, performs a DNA analysis on a sample, retains a DNA sample or the results of a DNA analysis, or discloses the results of a DNA analysis in violation of this chapter.

 (b) In this section, “knowingly” has the meaning given in AS 11.81.900.

 (c) Unlawful DNA collection, analysis, retention, or disclosure is a class A misdemeanor.




Sec. 18.13.100. Definitions.
In this chapter,
     (1) “DNA” means deoxyribonucleic acid, including mitochondrial DNA, complementary DNA, and DNA derived from ribonucleic acid;

     (2) “DNA analysis” means DNA or genetic typing and testing to determine the presence or absence of genetic characteristics in an individual, including tests of nucleic acids or chromosomes in order to diagnose or identify a genetic characteristic; “DNA analysis” does not include a routine physical measurement, a test for drugs, alcohol, cholesterol, or the human immunodeficiency virus, a chemical, blood, or urine analysis, or any other diagnostic test that is widely accepted and in use in clinical practice;

     (3) “genetic characteristic” includes a gene, chromosome, or alteration of a gene or chromosome that may be tested to determine the existence or risk of a disease, disorder, trait, propensity, or syndrome, or to identify an individual or a blood relative; “genetic characteristic” does not include family history or a genetically transmitted characteristic whose existence or identity is determined other than through a genetic test.




Article 1. Prenatal Blood Tests.


Chapter 15. Disease Control and Threats to Public Health.

Secs. 18.15.010 — 18.15.050. Infectious and contagious diseases. [Repealed, § 2 ch 63 SLA 1972.]
Secs. 18.15.060 — 18.15.110. Physical examination of nonresident employees. [Repealed, § 1 ch 130 SLA 1976.]
Secs. 18.15.120 — 18.15.137. Tuberculosis. [Repealed, § 12 ch 54 SLA 2005.]
Sec. 18.15.138. Penalty. [Repealed, § 13 ch 73 SLA 1995.]
Secs. 18.15.139 — 18.15.149. Court authorization of detention; title to and inventory of equipment allotted to private institutions; religious treatment for tuberculosis; screening of school employees; limited immunity; definitions. [Repealed, § 12 ch 54 SLA 2005.]
Sec. 18.15.150. Taking of blood sample.
Each licensed physician and in the absence of a licensed physician each licensed graduate nurse who attends a pregnant woman for conditions relating to the pregnancy during the period of gestation or at delivery shall take, or have taken, a sample of the blood of the woman at the time of the woman’s first professional visit or within 10 days after the visit, unless the serological test is contrary to the tenets or practice of the religious creed of which the woman is an adherent. The blood specimen shall be submitted to an approved laboratory or clinic for a standard serological test of syphilis. Any other person permitted by law to attend pregnant women but not permitted by law to take blood samples shall have a sample of blood taken by a licensed physician, or on order of a licensed physician, and shall submit the sample to an approved laboratory or clinic for a standard serological test for syphilis.


Sec. 18.15.160. Test for syphilis.
For the purposes of AS 18.15.150 — 18.15.180 a standard serological test is a test for syphilis approved by the department and shall be performed in a laboratory or clinic approved by the department. On request the laboratory test required by AS 18.15.150 — 18.15.180 shall be performed without charge at the laboratories of the department.


Sec. 18.15.170. Report of birth.
In reporting a birth and stillbirth, the physician and other person required to make the report shall state on the certificate whether a serological test for syphilis has been made upon a specimen of blood taken from the woman who bore the child and the approximate date when the specimen was taken. A birth certificate may not state the result of the test.


Sec. 18.15.180. Penalty.
A licensed physician or licensed nurse attending a pregnant woman during the period of gestation or at delivery, or a representative of a laboratory or clinic who violates AS 18.15.150 — 18.15.180 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500. However, a person attending a pregnant woman during the period of gestation or at delivery, who requests the specimen in accordance with AS 18.15.150, and whose request is refused, is not guilty of a misdemeanor.


Sec. 18.15.190. [Renumbered as AS 18.15.900.]

Article 2. Phenylketonuria (PKU) and Other Heritable Diseases.


Sec. 18.15.200. Screening for phenylketonuria.
 (a) A physician who attends a newborn child shall cause this child to be tested for phenylketonuria (PKU). If the mother is delivered in the absence of a physician, the nurse who first visits the child shall cause this test to be performed.

 (b) The department shall adopt regulations regarding the method used and the time or times of testing as accepted medical practice indicates.

 (c) The necessary laboratory tests and the test materials, reporting forms, and mailing cartons shall be provided by the department.

 (d) All tests considered positive by the screening method shall be reported by the screening laboratory to the physician and to the department. The department shall provide services for the performance of a quantitative blood phenylalanine test or its equivalent for diagnostic purposes. A confirmed diagnosis of phenylketonuria shall be reported to the physician and to the department. The department shall provide services for treatment and clinical follow-up of any diagnosed case.

 (e) When presumptive positive screening tests have been reported to the department, it shall provide, on request, either the true blood phenylalanine test or subsidize the performance of this test at an approved laboratory.

 (f) A licensed physician or licensed nurse attending a newborn or infant who violates this section is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500. However, a person attending a newborn or infant whose request for appropriate specimens from the newborn or infant is denied by the parent or guardian is not guilty of a misdemeanor. The fact that a child has not been subjected to the test because a request for appropriate specimens has been denied by the parents or guardian shall be reported to the department.

 (g) In this section, “physician” means a doctor of medicine licensed to practice medicine in this state, or an officer in the regular medical service of the armed forces of the United States or the United States Public Health Service assigned to duty in this state.




Sec. 18.15.205. Screening for congenital heart disease.
 (a) A provider of birthing services who attends a birth in the state shall ensure that, as close to 24 hours after the birth as feasible, screening for congenital heart defects through pulse oximetry equipment and methods appropriate for use on a newborn is performed on the newborn, unless screening is refused under (d) of this section.

 (b) A provider of birthing services who attends a birth in the state shall, as soon as possible after screening conducted under (a) of this section, make a referral for confirmatory testing on a newborn whose pulse oximetry results are abnormal and provide advice to the parent or legal guardian regarding the need for appropriate interventions.

 (c) The provider who performs pulse oximetry screening under (a) of this section shall report to the parents and attending physicians of the newborn and to the department the results of screening.

 (d) Before performing screening for congenital heart disease under (a) of this section, a provider of birthing services shall provide to a parent or legal guardian of a newborn information on the screening and the option to refuse the screening.

 (e) The department shall establish procedures for submitting reports of newborn screening results to the department and for summarizing reported data.

 (f) In this section, “provider of birthing services” means a physician, midwife, nurse, or other qualified professional who attends the delivery of a newborn in the course of the provider’s practice.




Sec. 18.15.210. Testing for certain other heritable diseases.
The department shall administer and provide services for testing for other heritable diseases that lead to intellectual disabilities, developmental disabilities, or both, and physical disabilities as screening programs accepted by current medical practice and as developed.


Article 3. Hepatitis B.


Sec. 18.15.250. Hepatitis B testing and vaccination program for volunteer emergency personnel.
 (a) The department shall establish a program under which hepatitis B testing and vaccination is reasonably accessible at no charge to all volunteer emergency medical and rescue personnel in the state who provide an emergency medical or rescue service primarily within an unincorporated community or within a municipality that does not provide funding for the service.

 (b) A municipality that has the power to do so shall establish a program under which hepatitis B testing and vaccination is reasonably accessible at no charge to all law enforcement officers and all volunteer or employed emergency medical and rescue personnel who provide service to the public within the municipality. The department shall, upon request, assist a municipality in establishing a program required under this subsection.

 (c) The Department of Public Safety shall establish a program under which hepatitis B testing and vaccination is reasonably accessible at no charge to all officers of the state troopers. The Department of Health and Social Services shall, upon request, assist the Department of Public Safety in establishing a program required under this subsection.

 (d) In this section,
     (1) “emergency medical and rescue personnel” means a trauma technician, emergency medical technician, rescuer, or mobile intensive care paramedic;

     (2) “employed” means that the person is a paid employee of a first responder service, a rescue service, an ambulance service, or a fire department that provides emergency medical or rescue services as part of its duties;

     (3) “law enforcement officer” means a member of the police force of a municipality;

     (4) “volunteer” means that the person is an active volunteer of a first responder service, a rescue service, an ambulance service, or a fire department that provides emergency medical or rescue services as part of its duties.




Article 4. Chlamydia and Gonorrhea.


Sec. 18.15.270. Testing procedures.
 (a) The department shall make available on a statewide basis the best current testing method available to detect gonorrhea and chlamydia.

 (b) The department shall use the best current testing method available for diagnosis of gonorrhea and chlamydia.




Article 5. Blood Tests of Persons Charged with Sex Offenses.


Sec. 18.15.300. Order for blood test; disclosure of results.
 (a) A defendant charged in a criminal complaint, indictment, presentment, or information filed with a magistrate or court with a violation of AS 11.41.410 — 11.41.450 that includes sexual penetration as an element of the offense, or a minor with respect to whom a petition has been filed in a juvenile court alleging a violation of AS 11.41.410 — 11.41.450 that includes sexual penetration as an element of the offense, may be ordered by a court having jurisdiction of the complaint, indictment, information, presentment, or juvenile petition to submit to testing as provided in AS 18.15.300 — 18.15.320.

 (b) An alleged victim listed in the complaint, indictment, information, presentment, or juvenile petition, the parent or guardian of an alleged victim who is a minor or incompetent, or the prosecuting attorney on the behalf of an alleged victim, may petition the court for an order authorized under this section.

 (c) Upon receipt of a petition filed under (b) of this section, the court shall determine if (1) probable cause exists to believe that a crime for which a test may be ordered under (a) of this section has been committed, and (2) probable cause exists to believe that sexual penetration took place between the defendant or minor and the alleged victim in an act for which the defendant or minor is charged under (a) of this section. In making the determination, the court may rely exclusively on the evidence presented at a grand jury proceeding or preliminary hearing.

 (d) If the court finds probable cause exists to believe that (1) a crime for which a test may be ordered under (a) of this section has been committed, and (2) sexual penetration described in (c)(2) of this section took place, the court shall order that the defendant or minor provide two specimens of blood for testing as provided in AS 18.15.300 — 18.15.320.

 (e) Copies of the blood test results shall be provided to the defendant or minor, each requesting victim, the victim’s designee or, if the victim is a minor or incompetent, the victim’s parents or legal guardian. If the defendant or minor is being incarcerated or detained at the time of the blood test or thereafter, the blood test results shall be provided to the officer in charge and the chief medical officer of the facility in which the defendant or minor is incarcerated or detained, including an incarceration or detention ordered as a result of conviction or judgment of delinquency or child in need of aid for an act for which the defendant or minor is charged under (a) of this section.

 (f) A court may not order a test under this section
     (1) before seven days after the defendant or minor’s arrest;

     (2) after the entry of a disposition favorable to a defendant; or

     (3) if the defendant is convicted or adjudicated delinquent or in need of aid, after 90 days after the issuance of the judgment and sentence or of the judgment in a juvenile action.

 (g) In this section,
     (1) “disposition favorable to the defendant” means an adjudication by a court other than a conviction, or if the defendant is a minor not being prosecuted as an adult, that the minor is not adjudicated delinquent or a child in need of aid, for an offense for which a blood test could be ordered under this section;

     (2) “sexual penetration” has the meaning given in AS 11.81.900(b).




Sec. 18.15.310. Testing; test results.
 (a) The withdrawal of blood for a test under AS 18.15.300 - 18.15.320 shall be performed in a medically approved manner. Only a physician or physician assistant licensed under AS 08.64, registered or advanced practice registered nurse, licensed practical nurse, or certified emergency medical technician may withdraw blood specimens for the purposes of AS 18.15.300 - 18.15.320.

 (b) The court shall order that the blood specimens withdrawn under AS 18.15.300 — 18.15.320 be transmitted to a licensed medical laboratory and that tests be conducted on them for medically accepted indications of exposure to or infection by the human immunodeficiency virus (HIV) and other sexually transmitted diseases for which medically approved testing is readily and economically available as determined by the court.

 (c) Copies of test results that indicate exposure to or infection by HIV or other sexually transmitted diseases shall also be transmitted to the department.

 (d) The test results shall be provided to the designated recipients with the following disclaimer:

“The tests were conducted in a medically approved manner but tests cannot determine exposure to or infection by HIV or other sexually transmitted diseases with absolute accuracy. Persons receiving this test result should continue to monitor their own health and should consult a physician as appropriate.”

 (e) The court shall order all persons, other than the test subject, who receive test results under AS 18.15.300 — 18.15.320 to maintain the confidentiality of personal identifying data relating to the test results except for disclosures by the victim, or if the victim is a minor or incompetent by the victim’s parents or legal guardian, as
     (1) is necessary to obtain medical or psychological care or advice or to ensure the health of the victim’s spouse, immediate family, persons occupying the same household as the victim, or a person in a dating, courtship, or engagement relationship with the victim;

     (2) is necessary to pursue civil remedies against the test subject; or

     (3) otherwise permitted by the court.

 (f) The specimens and the results of tests ordered under AS 18.15.300 — 18.15.320 are not admissible evidence in a criminal or juvenile proceeding.

 (g) A person performing testing, transmitting test results, or disclosing information under AS 18.15.300 — 18.15.320 is immune from civil liability for an act or omission under authority of AS 18.15.300 — 18.15.320. However, this subsection does not preclude liability for a grossly negligent or intentional violation of a provision of AS 18.15.300 — 18.15.320.

 (h) If the results of a blood test conducted under AS 18.15.300 indicate exposure to or infection by HIV or other sexually transmitted diseases for which testing was conducted, the department shall provide (1) free counseling and free testing to a victim for HIV and other sexually transmitted diseases reasonably communicable through the offense; and (2) counseling to the alleged perpetrator or defendant upon request of the alleged perpetrator or defendant. The department shall provide referral to appropriate health care facilities and support services at the request of the victim.

 (i) In this section,
     (1) “AIDS” means acquired immunodeficiency syndrome or HIV symptomatic disease;

     (2) “counseling” means providing a person with information and explanations relating to AIDS and HIV that are medically appropriate for that person, including all or part of the following:
          (A) accurate information regarding AIDS and HIV;

          (B) an explanation of behaviors that reduce the risk of transmitting AIDS and HIV;

          (C) an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests;

          (D) an explanation of information regarding both social and medical implications of HIV tests;

          (E) disclosure of commonly recognized treatment or treatments of AIDS and HIV;

     (3) “HIV” means the human immunodeficiency virus.




Sec. 18.15.320. Cost of performing test; reimbursement.
 (a) The cost of performing a blood test under AS 18.15.300 shall be paid by the department.

 (b) If a defendant for whom a blood test has been ordered under AS 18.15.300 is convicted of an offense for which the defendant was charged, and for which a blood test could be ordered under AS 18.15.300, the court shall order the defendant to reimburse the department for the cost of the test and may order the Department of Corrections to deduct the amount of the test from any pay the inmate receives under AS 33.30.201.




Article 6. Public Health Authority and Powers.


Sec. 18.15.350. SARS control program authorization. [Repealed, § 12 ch 54 SLA 2005.]
Sec. 18.15.355. Prevention and control of conditions of public health importance.
 (a) The department may use the powers and provisions set out in AS 18.15.355 — 18.15.395 to prevent, control, or ameliorate conditions of public health importance or accomplish other essential public health services and functions.

 (b) In performing its duties under AS 18.15.355 — 18.15.395, the department may
     (1) establish standards
          (A) for the prevention, control, or amelioration of conditions of public health importance;

          (B) to accomplish other essential public health services and functions; and

     (2) adopt regulations to implement and interpret AS 18.15.355 — 18.15.395.




Sec. 18.15.360. Data collection.
 (a) The department is authorized to collect, analyze, and maintain databases of information related to
     (1) risk factors identified for conditions of public health importance;

     (2) morbidity and mortality rates for conditions of public health importance;

     (3) community indicators relevant to conditions of public health importance;

     (4) longitudinal data on traumatic or acquired brain injury from the registry established under AS 47.80.500(c)(1); and

     (5) any other data needed to accomplish or further the mission or goals of public health or provide essential public health services and functions.

 (b) The department is authorized to obtain information from federal, state, and local governmental agencies, Alaska Native organizations, health care providers, pre-hospital emergency medical services, or other private and public organizations operating in the state. The department may also use information available from other governmental and private sources, reports of hospital discharge data, information included in death certificates, other vital statistics, environmental data, and public information. The department may request information from and inspect health care records maintained by health care providers that identify individuals or characteristics of individuals with reportable diseases or other conditions of public health importance.

 (c) The department may collect information to establish and maintain a comprehensive vaccination registry to aid, coordinate, and promote effective and cost-efficient disease prevention and control efforts in the state.

 (d) The department may not acquire identifiable health information under this section without complying with the provisions of AS 18.15.355 — 18.15.395 and regulations adopted under those statutes.




Sec. 18.15.362. Acquisition and use of identifiable health information; public health purpose.
The department may acquire and use identifiable health information collected under AS 18.15.355 — 18.15.395 only if the
     (1) acquisition and use of the information relates directly to a public health purpose;

     (2) acquisition and use of the information is reasonably likely to contribute to the achievement of a public health purpose; and

     (3) public health purpose cannot otherwise be achieved at least as well with nonidentifiable health information.




Sec. 18.15.365. Information security safeguards.
 (a) The department shall acquire, use, disclose, and store identifiable health information collected under AS 18.15.355 — 18.15.395 in a confidential manner that safeguards the security of the information, and maintain the information in a physically and technologically secure environment.

 (b) The department shall expunge, in a confidential manner, identifiable health information collected under AS 18.15.355 — 18.15.395 when the use of the information by the department no longer furthers the public health purpose for which it is required.

 (c) A person who knowingly discloses identifiable health information in violation of this section or a regulation adopted under this section is guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in AS 11.81.900(a).

 (d) A person who intentionally discloses identifiable health information in violation of this section or a regulation adopted under this section is guilty of a class A misdemeanor. In this subsection, “intentionally” has the meaning given in AS 11.81.900(a).




Sec. 18.15.370. Reportable disease list.
The department shall maintain a list of reportable diseases or other conditions of public health importance that must be reported to the department. The list may include birth defects, cancers, injuries, and diseases or other conditions caused by exposure to microorganisms; pathogens; or environmental, toxic, or other hazardous substances. The department shall regularly maintain and may revise the list. The department may also establish registries for diseases and conditions that must be reported to the department.


Sec. 18.15.375. Epidemiological investigation.
 (a) The department may investigate conditions of public health importance in the state through methods of epidemiological investigation. The department may also ascertain the existence of cases of illness or other conditions of public health importance, investigate potential sources of exposure or infection and ensure that they are subject to proper control measures, and determine the extent of the disease outbreak, epidemic, risk to health and safety, or disaster.

 (b) Investigations under this section may include identification of individuals who have been or may have been exposed to or affected by a condition of public health importance, interviewing and testing those individuals, examining facilities or materials that may pose a threat to the public health, and interviewing other individuals. In conducting the investigations the department may
     (1) identify all individuals thought to have been exposed to any agent that may be a potential cause of the disease outbreak, epidemic, or disaster;

     (2) interview, test, examine, or screen an individual where needed to assist in the positive identification of those exposed or affected or to develop information relating to the source or spread of the disease or other condition of public health importance; and

     (3) inspect health care records maintained by a health care provider.

 (c) When testing, screening, or examining an individual under this section, the department shall adhere to the following requirements:
     (1) the department may not require the testing, examination, or screening of an individual without the consent of the individual or the individual’s legal guardian, except as otherwise provided in this section or other law;

     (2) the department may require testing, examination, or screening of a nonconsenting individual only upon an order of a state medical officer, and only upon a finding that the individual has or may have been exposed to a contagious disease that poses a significant risk to the public health; the order must be personally served on the person to be tested, examined, or screened within a reasonable period of time before the testing, examination, or screening is to take place;

     (3) the department shall obtain an ex parte order in accordance with (d) of this section if the individual to be tested, examined, or screened objects to the state medical officer’s order;

     (4) a health care practitioner shall perform an examination under this section; the individual to be examined may, under conditions specified by the state medical officer, choose the health care practitioner who will perform the examination;

     (5) a testing, examination, or screening program shall be conducted for the sole purpose of identifying a condition of public health importance that poses a threat to the public health and may be avoided, cured, alleviated, or made less contagious through safe and effective treatment, modifications in individual behavior, or public health intervention;

     (6) before testing, examination, or screening, the department shall explain to the individual or individual’s legal representative the nature, scope, purposes, benefits, risks, and possible results of the testing, examination, or screening;

     (7) in conjunction with or directly after the dissemination of the results of the testing, examination, or screening, the department shall fully inform the individual or individual’s legal representative of the results of the testing, examination, or screening.

 (d) A judicial officer may issue an ex parte order for testing, examination, or screening upon a showing of probable cause, supported by oath or affirmation, that the individual has or may have been exposed to a contagious disease that poses a significant risk to the public health. The court shall specify the duration of the ex parte order for a period not to exceed five days. To conduct the testing, examination, or screening of an individual who is not being detained under an order of isolation or quarantine, the court may order a peace officer to take the individual into protective custody until a hearing is held on the ex parte petition if a hearing is requested.

 (e) The individual subject to the ex parte order must be given, with the petition and order, a form to request a hearing to vacate the ex parte order. If a hearing is requested to vacate the ex parte order, the court shall hold the hearing within three working days after the date the request is filed with the court. The public shall be excluded from a hearing under this subsection unless the individual subject to the ex parte order elects to have the hearing open.




Sec. 18.15.380. Medical treatment.
 (a) A health care practitioner or public health agent who examines or treats an individual who has or may have been exposed to a contagious disease shall instruct the individual about the measures for preventing transmission of the disease and the need for treatment.

 (b) The department may administer medication or other medical treatment, including the use of directly observed therapy where appropriate, to a consenting individual who has or may have been exposed to a contagious disease.

 (c) An individual has the right to refuse treatment and may not be required to submit to involuntary treatment as long as the individual is willing to take steps outlined by the state medical officer to prevent the spread of a communicable disease to others. However, an individual who exercises the right to refuse treatment under this subsection may be responsible for paying all costs incurred by the state in seeking and implementing a quarantine or isolation order made necessary by a refusal of treatment by the individual. The department shall notify an individual who refuses treatment under this subsection that the refusal may result in an indefinite period of quarantine or isolation and that the individual may be responsible for payment of the costs of the quarantine or isolation.




Sec. 18.15.385. Isolation and quarantine.
 (a) The department may isolate or quarantine an individual or group of individuals if isolation or quarantine is the least restrictive alternative necessary to prevent the spread of a contagious or possibly contagious disease to others in accordance with regulations adopted by the department consistent with the provisions of this section and other law.

 (b) The department shall adhere to the following conditions and standards when isolating or quarantining an individual or group of individuals:
     (1) isolation and quarantine shall be by the least restrictive means necessary to prevent the spread of a contagious or possibly contagious disease that poses a significant risk to public health; isolation and quarantine may include confinement to private homes or other private and public premises; absent exceptional circumstances that would jeopardize public health, a person shall be allowed to choose confinement in the person’s home;

     (2) isolated individuals shall be confined separately from quarantined individuals;

     (3) the health status of an isolated or quarantined individual shall be monitored regularly to determine whether the individual continues to require isolation or quarantine;

     (4) if a quarantined individual subsequently becomes infected or is reasonably believed to have become infected with a contagious or possibly contagious disease, the individual shall promptly be removed to isolation;

     (5) the department shall immediately terminate an isolation and quarantine order when an individual poses no substantial risk of transmitting a contagious or possibly contagious disease to others.

 (c) The department may authorize a health care practitioner, public health agent, or another person access to an individual in isolation or quarantine as necessary to meet the needs of the isolated or quarantined individual. An individual who enters isolation or quarantine premises with or without authorization of the department may be isolated or quarantined if needed to protect the public health.

 (d) Before quarantining or isolating an individual, the department shall obtain a written order from the superior court authorizing the isolation or quarantine, unless the individual consents to the quarantine or isolation. The department shall file a petition for a written order under this subsection. The petition must
     (1) allege
          (A) the identity of each individual proposed to be quarantined or isolated;

          (B) the premises subject to isolation or quarantine;

          (C) the date and time the isolation or quarantine is to begin;

          (D) the suspected contagious disease;

          (E) that the individual poses a significant risk to public health;

          (F) whether testing, screening, examination, treatment, or related procedures are necessary;

          (G) that the individual is unable or unwilling to behave so as not to expose other individuals to danger of infection; and

          (H) that the department is complying or will comply with (b) of this section; and

     (2) be accompanied by an affidavit signed by a state medical officer attesting to the facts asserted in the petition, including specific facts supporting the allegations required by (1)(D) and (G) of this subsection; the petition shall be personally served according to court rules, along with notice of the time and place of the hearing under (f) of this section.

 (e) Notwithstanding (d) of this section, when the department has probable cause to believe that the delay involved in seeking a court order imposing isolation or quarantine would pose a clear and immediate threat to the public health and isolation or quarantine is the least restrictive alternative and is necessary to prevent the spread of a contagious or possibly contagious disease, a state medical officer in the department may issue an emergency administrative order to temporarily isolate or quarantine an individual or group of individuals. An emergency administrative order of temporary quarantine or isolation by a state medical officer is enforceable by any peace officer in the state. Within 24 hours after implementation of the emergency administrative order, the department shall notify the superior court by filing a petition under (d) of this section that also alleges that the emergency action was necessary to prevent or limit the transmission of a contagious or possibly contagious disease to others that would pose an immediate threat to the public health. The petition must be signed by a state medical officer.

 (f) An individual served with a petition under (d) of this section or an emergency administrative order to temporarily isolate or quarantine under (e) of this section has the right to a court hearing. The court shall hold a hearing within 48 hours after a petition is filed. The department may request a continuance of the hearing for up to five days. The court may grant the continuance for good cause shown and in extraordinary circumstances, giving due regard to the rights of the affected individuals, the protection of the public health, the severity of the need for isolation or quarantine, and other evidence. During a continuance, an isolated or quarantined individual shall remain in isolation or quarantine. The court may order the consolidation of individual claims into group claims if the number of individuals affected is so large as to render individual participation impractical, there are questions of law or fact common to the individual claims or rights to be determined, the group claims or rights are typical of the affected individuals’ claims or rights, and the entire group can be adequately represented. The public shall be excluded from a hearing under this section unless the individual elects to have the hearing open under (g)(2) of this section.

 (g) During the hearing, the individual has the right to
     (1) view and copy all petitions and reports in the court file of the individual’s case;

     (2) elect to have the hearing open to the public;

     (3) have the rules of evidence and civil procedure applied so as to provide for the informal but efficient presentation of evidence;

     (4) have an interpreter if the individual does not understand English;

     (5) present evidence on the individual’s behalf;

     (6) cross-examine witnesses who testify against the individual;

     (7) call experts and other witnesses to testify on the individual’s behalf; and

     (8) participate in the hearing; under this paragraph, participation may be by telephone if the individual presents a substantial risk of transmitting a contagious or possibly contagious disease to others.

 (h) At the conclusion of the hearing, the court may commit the individual to isolation or quarantine for not more than 30 days if the court finds, by clear and convincing evidence, that the isolation or quarantine is necessary to prevent or limit the transmission to others of a disease that poses a significant risk to the public health. The court may issue other orders as necessary. Orders are enforceable by a peace officer of this state. The order must
     (1) identify the isolated or quarantined individual or group of individuals by name or shared or similar characteristics or circumstances;

     (2) specify factual findings warranting isolation or quarantine under this section;

     (3) include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this section; and

     (4) be served on the affected individual or group of individuals in accordance with existing court rules.

 (i) Before the expiration of an order issued under (h) of this section, the court may continue isolation or quarantine for additional periods not to exceed 30 days upon a showing by the department by clear and convincing evidence that the action is necessary to prevent or limit the transmission to others of a disease that poses a significant risk to the public health.

 (j) An isolated or quarantined individual or group of individuals may apply to the court for an order to show cause why isolation or quarantine should not be terminated. The court shall rule on the application to show cause within 48 hours after filing. An isolated or quarantined individual or group of individuals may request a hearing in the court for remedies regarding breaches of the conditions of isolation or quarantine. A request for a hearing may not stay or enjoin an isolation or quarantine order. Where extraordinary circumstances justify the immediate granting of relief, the court shall fix a date for hearing on the alleged matters within 24 hours after receipt of the request. Otherwise, the court shall fix a date for hearing on the alleged matters within five days after receipt of a request.

 (k) The provisions of this section apply to minors. All notices required to be served on an individual shall also be served on the parents or guardians of an individual who is an unemancipated minor.

 (l) The department shall adopt regulations to protect, as much as possible, the privacy rights of individuals subject to isolation or quarantine under this section.

 (m) The department may quarantine or isolate individuals who have been exposed to hazardous materials that can cause serious illness or injury by transmission of the hazardous material to others. The provisions of this section concerning isolation and quarantine of individuals to prevent the spread of contagious or possibly contagious diseases shall apply to isolation or quarantine of individuals who have been exposed to hazardous materials.

 (n) A person who knowingly violates this section or a regulation adopted under this section is guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in AS 11.81.900(a).

 (o) A person who intentionally violates this section or a regulation adopted under this section is guilty of a class A misdemeanor. In this subsection, “intentionally” has the meaning given in AS 11.81.900(a).




Sec. 18.15.390. Powers of the department in a public health disaster.
If the governor declares a condition of disaster emergency under AS 26.23.020(c) due to an outbreak of disease or a credible threat of an imminent outbreak of disease, the department, in coordination with the Department of Military and Veterans’ Affairs, may
     (1) close, direct, and compel the evacuation of, or decontaminate or cause to be decontaminated, any facility if there is reasonable cause to believe that the facility may endanger the public health;

     (2) decontaminate or cause to be decontaminated or destroy any material if there is reasonable cause to believe that the material may endanger the public health;

     (3) inspect, control, restrict, and regulate, by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of food, fuel, clothing, medicines, and other commodities, as may be reasonable and necessary to respond to the disaster;

     (4) adopt and enforce measures to provide for the safe disposal of infectious waste or contaminated material as may be reasonable and necessary to respond to the disaster; these measures may include the collection, storage, handling, destruction, treatment, transportation, or disposal of infectious waste or contaminated material;

     (5) require all bags, boxes, or other containers of infectious waste or contaminated material to be clearly identified as containing infectious waste or contaminated material and, if known, the type of infectious waste or contaminated material;

     (6) adopt and enforce measures to provide for the safe disposal of human remains as may be reasonable and necessary to respond to the disaster; these measures may include the embalming, burial, cremation, interment, disinterment, transportation, or disposal of human remains;

     (7) take possession or control of any human remains, require clear labeling of human remains before disposal with all available information to identify the decedent and the circumstances of death, and require that the human remains of a deceased individual with a contagious disease or transmissible agent have an external, clearly visible tag indicating that the human remains are infected and, if known, the contagious disease or transmissible agent;

     (8) require persons in charge of disposing of any human remains to maintain and promptly deliver to the department a written or electronic record of each set of human remains, the disposal of the remains, and all available information to identify the decedent, including fingerprints, photographs, dental information, and a deoxyribonucleic acid (DNA) specimen of the human remains;

     (9) order the disposal of the human remains of an individual who has died of a contagious disease or transmissible agent through burial or cremation within 24 hours after death, taking into account the religious, cultural, family, and individual beliefs of the deceased individual and the individual’s family;

     (10) require any business or facility holding a funeral establishment permit issued under AS 08.42.100 to accept human remains, to provide the use of the business or facility as is reasonable and necessary to respond to the disaster, and, if necessary, to transfer the management and supervision of the business or facility to the state during the course of the disaster;

     (11) procure, by condemnation or otherwise, a business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this state as may be reasonable and necessary to respond to the disaster, with the right to take immediate possession of the facilities;

     (12) appoint and prescribe the duties of emergency assistant medical examiners as may be required for the proper performance of the duties of the office; the appointment of emergency assistant medical examiners may not exceed the termination of the declaration of a state of disaster; the department may terminate an emergency appointment made under this paragraph for any reason.




Sec. 18.15.392. Representation; guardian ad litem.
An individual who is the respondent in proceedings under AS 18.15.375(e) or 18.15.385 has the right to be represented by counsel in the proceedings. If the individual cannot afford an attorney, the court shall direct the Public Defender Agency to provide an attorney. The court may, on its own motion or upon request of the individual’s attorney or a party, direct the office of public advocacy to provide a guardian ad litem for the individual.


Sec. 18.15.393. Report to legislature.
The department shall annually report to the legislature the activities conducted by the department under AS 18.15.355 — 18.15.395, including information pertaining to the number of individuals quarantined, the purpose for the quarantine, and the length of the quarantine.


Sec. 18.15.395. Definitions.
In AS 18.15.355 — 18.15.395, unless the context otherwise requires,
     (1) “Alaska Native organization” means an organization recognized by the United States Indian Health Service to provide health-related services;

     (2) “condition of public health importance” means a disease, syndrome, symptom, injury, or other threat to health that is identifiable on an individual or community level and can reasonably be expected to lead to adverse health effects in the community;

     (3) “contagious disease” means an infectious disease that can be transmitted from individual to individual;

     (4) “contaminated material” means wastes or other materials exposed to or tainted by chemical, radiological, or biological substances or agents;

     (5) “court” means a court of competent jurisdiction under state law;

     (6) “decontaminate” means to remove or neutralize chemical, radiological, or biological substances or residues from individuals, buildings, objects, or areas;

     (7) “directly observed therapy” means a technique used to ensure that an infectious individual complies with the individual’s treatment regimen, whereby a health worker observes the individual to ensure the ingestion of the individual’s medication for each dose the individual is required to take over the course of the individual’s treatment;

     (8) “disease outbreak” means the sudden and rapid increase in the number of cases of a disease or other condition of public health importance in a population;

     (9) “epidemic” means the occurrence in a community or region of a group of similar conditions of public health importance that are in excess of normal expectancy and derived from a common or propagated source;

     (10) “essential public health services and functions” mean services and functions to
          (A) monitor health status to identify and solve community health problems;

          (B) investigate and diagnose health problems and health hazards in the community;

          (C) inform and educate individuals about and empower them to deal with health issues;

          (D) mobilize public and private sector collaboration and action to identify and solve health problems;

          (E) develop policies, plans, and programs that support individual and community health efforts;

          (F) enforce statutes and regulations of this state that protect health and ensure safety;

          (G) link individuals to needed health services and facilitate the provision of health care when otherwise unavailable;

          (H) ensure a competent public health workforce;

          (I) evaluate effectiveness, accessibility, and quality of personal and population-based health services; or

          (J) research for new insights and innovative solutions to health problems;

     (11) “health care practitioner” means a physician, advanced practice registered nurse, or physician assistant licensed or otherwise authorized to practice their respective professions in this state;

     (12) “health care provider” means any person that provides health care services; “health care provider” includes a hospital, medical clinic or office, special care facility, medical laboratory, physician, pharmacist, dentist, physician assistant, nurse, paramedic, emergency medical or laboratory technician, community health worker, and ambulance and emergency medical worker;

     (13) “identifiable health information” means any information, whether oral, written, electronic, visual, pictorial, physical, or any other form, that relates to an individual’s past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provisions of care and
          (A) that reveals the identity of the individual whose health care is the subject of the information; or

          (B) regarding which there is a reasonable basis to believe that the information could be used, either alone or with other information that is, or should reasonably be known to be, available to predictable recipients of the information, to reveal the identity of that individual;

     (14) “infectious disease” means a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, or virus; an infectious disease may be transmissible from individual to individual, animal to individual, or insect to individual;

     (15) “infectious waste” means
          (A) biological waste, including blood and blood products, excretions, exudates, secretions, suctioning and other body fluids, and waste materials saturated with blood or body fluids;

          (B) cultures and stocks, including
               (i) etiologic agents and associated biologicals;

               (ii) specimen cultures and dishes and devices used to transfer, inoculate, and mix cultures;

               (iii) wastes from production of biologicals and serums; and

               (iv) discarded, killed, or attenuated vaccines;

          (C) except for teeth or formaldehyde or other preservative agents, pathological waste, including
               (i) biopsy materials and all human tissues;

               (ii) anatomical parts that emanate from surgery, obstetrical procedures, necropsy or autopsy, and laboratory procedures; and

               (iii) animal carcasses exposed to pathogens in research and the bedding and other waste from those animals; and

          (D) sharps, including needles, intravenous tubing with needles attached, scalpel blades, lancets, breakable glass tubes, and syringes that have been removed from their original sterile containers;

     (16) “isolation” means the physical separation and confinement of an individual who is, or group of individuals who are, infected or reasonably believed to be infected with a contagious or possibly contagious disease from nonisolated individuals, to prevent or limit the transmission of the disease to nonisolated individuals;

     (17) “least restrictive” means the policy or practice that least infringes on the rights or interests of others;

     (18) “public health agent” means an official or employee of the department who is authorized to carry out provisions of AS 18.15.355 — 18.15.395;

     (19) “public health purpose” means the prevention, control, or amelioration of a condition of public health importance, including an analysis or evaluation of a condition of public health importance and an evaluation of a public health program;

     (20) “public information” means information that is generally open to inspection or review by the public;

     (21) “quarantine” means the physical separation and confinement of an individual or group of individuals who are or may have been exposed to a contagious or possibly contagious disease and who do not show signs or symptoms of a contagious disease from nonquarantined individuals to prevent or limit the transmission of the disease to nonquarantined individuals;

     (22) “screening” means the systematic application of a testing or examination to a defined population;

     (23) “specimen” means blood; sputum; urine; stool; or other bodily fluids, wastes, tissues, and cultures necessary to perform required tests;

     (24) “state medical officer” means a physician licensed to practice medicine by this state and employed by the department, with responsibilities for public health matters;

     (25) “testing” means any diagnostic or investigative analysis or medical procedure that determines the presence or absence of or exposure to a condition of public health importance, or its precursor, in an individual;

     (26) “transmissible agent” means a biological substance capable of causing disease or infection through individual to individual, animal to individual, or other modes of transmission;

     (27) “vaccination” means a suspension of attenuated or noninfectious microorganisms or derivative antigens administered to stimulate antibody production or cellular immunity against a pathogen for the purpose of preventing, ameliorating, or treating an infectious disease.




Article 7. Blood Testing of Prisoners and Others for Bloodborne Pathogens.


Sec. 18.15.400. Bloodborne pathogen testing of prisoners, certain adult or juvenile offenders, and public safety officers; required disclosures and consent.
 (a) When requested by a public safety officer who may have received a significant exposure from an adult or juvenile offender or a prisoner, the employing agency shall follow the testing procedures of AS 18.15.400 — 18.15.450 if
     (1) a physician licensed under AS 08 determines that a significant exposure to the public safety officer has occurred;

     (2) the physician for the public safety officer needs the adult or juvenile offender’s or prisoner’s bloodborne pathogens test results to begin, continue, modify, or discontinue treatment in accordance with the most current guidelines of the United States Public Health Service, because of possible exposure to a bloodborne pathogen; and

     (3) the public safety officer consents to providing a blood sample for testing for a bloodborne pathogen.

 (b) Before employing the testing procedures of AS 18.15.400 — 18.15.450 or disclosing any information about the adult or juvenile offender or prisoner or public safety officer, the employing agency shall inform the
     (1) adult or juvenile offender or prisoner that
          (A) the adult or juvenile offender’s or prisoner’s bloodborne pathogens test results, without the adult or juvenile offender’s or prisoner’s name or other uniquely identifying information, shall be reported to the public safety officer if requested and that test results collected are for medical purposes and may not be used as evidence in any criminal proceedings or civil proceedings;

          (B) the adult or juvenile offender or prisoner may refuse to provide a blood sample and that the adult or juvenile offender’s or prisoner’s refusal may result in a request for a court order to require the adult or juvenile offender or prisoner to provide a blood sample; and

          (C) the employing agency will advise the public safety officer of the confidentiality requirements and penalties before the officer’s health care provider discloses any test results;

     (2) public safety officer of the confidentiality requirements of AS 18.15.440 and that the public safety officer may be subject to penalties for unauthorized release of test results about the adult or juvenile offender or prisoner.

 (c) If the disclosures have been made, the employing agency shall ask the adult or juvenile offender or prisoner if the adult or juvenile offender or prisoner has ever had a positive test for a bloodborne pathogen. The employing agency shall disclose the adult or juvenile offender’s or prisoner’s existing bloodborne pathogens test results to the public safety officer without the adult or juvenile offender’s or prisoner’s name or other uniquely identifying information.




Sec. 18.15.410. Consent for testing; court order for testing; exception.
 (a) When a public safety officer has made a request under AS 18.15.400, except as provided in (b) or (c) of this section or in AS 18.15.420, before collecting and testing the blood of an adult or juvenile offender or a prisoner, the employing agency shall first obtain the consent of the adult offender or prisoner or the adult or juvenile offender’s or prisoner’s representative if the adult or juvenile offender or prisoner is unable to provide the consent.

 (b) Consent of an adult or juvenile offender’s or a prisoner’s representative is not required if the employing agency has made reasonable efforts to locate the adult or juvenile offender’s or prisoner’s representative and the representative cannot be found within 24 hours after a significant exposure. If testing of available blood occurs without consent because the adult or juvenile offender or prisoner is unconscious or unable to provide consent, and a representative cannot be located, the employing agency shall provide the information required in AS 18.15.400 to the adult or juvenile offender, prisoner, or representative whenever it is possible to do so.

 (c) If an adult or juvenile offender or a prisoner dies before an opportunity to consent to blood collection or testing, consent is not required, and the adult or juvenile offender’s or prisoner’s blood may be collected and tested.

 (d) If the adult or juvenile offender or prisoner or the adult or juvenile offender’s or prisoner’s representative, if appropriate, consents and a sample of the adult or juvenile offender’s or prisoner’s blood
     (1) is available, the employing agency shall have the blood tested for bloodborne pathogens;

     (2) is not available, the employing agency shall collect a sample and have the blood sample tested for bloodborne pathogens.

 (e) The employing agency may not withhold care or treatment on the requirement that the adult or juvenile offender or prisoner consent to testing for bloodborne pathogens.




Sec. 18.15.420. Testing without consent.
 (a) When a public safety officer has made a request under AS 18.15.400, the employing agency shall file a petition in the superior court for a court order requiring the adult or juvenile offender or prisoner to provide a blood sample for testing for bloodborne pathogens. The employing agency shall serve the petition on the adult or juvenile offender or prisoner at least 48 hours before a hearing on the petition. The petition must include the following information supported by affidavit:
     (1) a statement that the employing agency followed the procedures in AS 18.15.400 — 18.15.450 and attempted to obtain bloodborne pathogens test results according to those sections;

     (2) a statement that
          (A) the public safety officer and employing agency have documented the officer’s exposure to blood or body fluids during performance of the officer’s work duties;

          (B) the employing agency has asked the adult or juvenile offender or prisoner to consent under AS 18.15.410, and the adult or juvenile offender or prisoner does not consent;

          (C) the employing agency has provided the public safety officer and the adult or juvenile offender or prisoner with the disclosures required under AS 18.15.400; and

          (D) the employing agency has informed the public safety officer of the confidentiality requirements of AS 18.15.440 and the penalties for unauthorized release of adult or juvenile offender or prisoner information;

     (3) a statement that a physician licensed under AS 08 and knowledgeable about the most current recommendations of the United States Public Health Service has determined that a significant exposure has occurred to the public safety officer; and

     (4) a statement that a physician has documented that the public safety officer has provided a blood sample and consented to testing for bloodborne pathogens, and bloodborne pathogens test results are needed for beginning, continuing, modifying, or discontinuing medical treatment for the public safety officer.

 (b) A court shall order an adult or juvenile offender or a prisoner to provide a blood sample for bloodborne pathogen testing if the court finds that
     (1) there is probable cause to believe that a significant exposure to the public safety officer from the adult or juvenile offender or prisoner has occurred;

     (2) a licensed physician for the public safety officer needs the test results for beginning, continuing, modifying, or discontinuing medical treatment for the public safety officer; or

     (3) a compelling need for the testing and test results exists; in making this finding, the court shall consider the need for the test against the privacy or other interests of the adult or juvenile offender or prisoner.

 (c) The court may impose appropriate safeguards against unauthorized disclosure by specifically identifying the persons to have access to the test results and the uses of the test results when ordering a test under (b) of this section.

 (d) After testing is completed under this section, the employing agency shall inform the adult or juvenile offender or prisoner whose blood was tested of the results. The employing agency shall inform the public safety officer’s physician of the adult or juvenile offender’s or prisoner’s test results without the adult or juvenile offender’s or prisoner’s name or other uniquely identifying information.




Sec. 18.15.440. Confidentiality; penalties for unauthorized disclosure; immunity.
 (a) Bloodborne pathogens test results of an adult or juvenile offender or a prisoner are confidential and may not be disclosed except as provided in AS 18.15.400 — 18.15.450 and as needed for the treatment or medical care of an adult or juvenile offender or a prisoner specific to a bloodborne pathogen-related illness.

 (b) An adult or juvenile offender or a prisoner may bring a civil action against a person who knowingly, in violation of AS 18.15.400 — 18.15.450, releases the adult or juvenile offender’s or prisoner’s name or other uniquely identifying information with the test results or otherwise releases the test results.

 (c) The employing agency, a physician, and designated health care personnel are immune from liability in any civil, administrative, or criminal action relating to the disclosure of test results of an adult or juvenile offender or a prisoner to a public safety officer and the testing of a blood sample from an adult or juvenile offender or a prisoner for bloodborne pathogens if a good faith effort has been made to comply with AS 18.15.400 — 18.15.450.




Sec. 18.15.445. Assistance by departments and municipalities.
The department, the Department of Public Safety, the Department of Corrections, and each municipality shall assist public safety officers and employing agencies in complying with the requirements of AS 18.15.400 — 18.15.450.


Sec. 18.15.450. Definitions for AS 18.15.400 — 18.15.450.
In AS 18.15.400 — 18.15.450,
     (1) “adult or juvenile offender” means a person in custody, arrested, or charged under a criminal complaint or a minor being held or subject to a petition under AS 47.12;

     (2) “bloodborne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans; these pathogens include hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV);

     (3) “employing agency” means the
          (A) department that employs a state employee who is, or contracts with another person who is or employs, a public safety officer;

          (B) municipality that employs a municipal employee who is, or contracts with another person who is or employs, a public safety officer or that contracts with, sponsors, or accepts the services of a public safety officer who volunteers for a volunteer fire department or emergency medical services agency;

          (C) Department of Public Safety for a public safety officer who volunteers for a volunteer fire department or emergency medical services agency that provides services in the unorganized borough outside of a municipality;

     (4) “prisoner” has the meaning given in AS 33.30.901;

     (5) “public safety officer” means a state or municipal juvenile or adult correctional, probation, or parole officer, a contractor or employee of a contractor in a correctional facility, a juvenile detention or treatment facility staff member, or a peace officer or firefighter, emergency medical technician, or mobile intensive care paramedic employed by or volunteering for the state or a municipality or volunteer fire department or emergency medical services provider;

     (6) “significant exposure” means contact likely to transmit a bloodborne pathogen, in a manner supported by the most current guidelines and recommendations of the United States Public Health Service at the time an evaluation takes place, that includes
          (A) percutaneous injury, contact of mucous membrane or nonintact skin, or prolonged contact of intact skin; and

          (B) contact, in a manner that may transmit a bloodborne pathogen, with blood, tissue, or potentially infectious body fluids.




Article 8. General Provisions.


Sec. 18.15.900. Definition.
In this chapter, “department” means the Department of Health and Social Services.


Chapter 16. Regulation of Abortions.

Sec. 18.16.010. Abortions.
 (a) An abortion may not be performed in this state unless
     (1) the abortion is performed by a physician licensed by the State Medical Board under AS 08.64.200;

     (2) the abortion is performed in a hospital or other facility approved for the purpose by the Department of Health and Social Services or a hospital operated by the federal government or an agency of the federal government;

     (3) before an abortion is knowingly performed or induced on a pregnant, unmarried, unemancipated woman under 18 years of age, notice or consent have been given as required under AS 18.16.020 or a court has authorized the minor to proceed with the abortion without parental involvement under AS 18.16.030 and the minor consents; for purposes of enforcing this paragraph, there is a rebuttable presumption that a woman who is unmarried and under 18 years of age is unemancipated;

     (4) the woman is domiciled or physically present in the state for 30 days before the abortion; and

     (5) the applicable requirements of AS 18.16.060 have been satisfied.

 (b) Nothing in this section requires a hospital or person to participate in an abortion, nor is a hospital or person liable for refusing to participate in an abortion under this section.

 (c) A person who knowingly violates a provision of this section, upon conviction, is punishable by a fine of not more than $1,000, or by imprisonment for not more than five years, or by both.

 (d) [Repealed, § 6 ch 14 SLA 1997.]
 (e) A person who performs or induces an abortion in violation of (a)(3) of this section is civilly liable to the pregnant minor and the minor’s parents, guardian, or custodian for compensatory and punitive damages.

 (f) It is an affirmative defense to a prosecution or claim for a violation of (a)(3) of this section that the pregnant minor provided the person who performed or induced the abortion with false, misleading, or incorrect information about the minor’s age, marital status, or emancipation, and the person who performed or induced the abortion did not otherwise have reasonable cause to believe that the pregnant minor was under 17 years of age, unmarried, or unemancipated.

 (g) It is a defense to a prosecution or claim for violation of (a)(3) of this section that, in the clinical judgment of the physician or surgeon, compliance with the requirements of (a)(3) of this section was not possible because, in the clinical judgment of the physician or surgeon, an immediate threat of serious risk to the life or physical health of the pregnant minor from the continuation of the pregnancy created a medical emergency necessitating the immediate performance or inducement of an abortion. In this subsection,
     (1) “clinical judgment” means a physician’s or surgeon’s subjective professional medical judgment exercised in good faith;

     (2) “defense” has the meaning given in AS 11.81.900(b);

     (3) “medical emergency” means a condition that, on the basis of the physician’s or surgeon’s good faith clinical judgment, so complicates the medical condition of a pregnant minor that
          (A) an immediate abortion of the minor’s pregnancy is necessary to avert the minor’s death; or

          (B) a delay in providing an abortion will create serious risk of medical instability caused by a substantial and irreversible impairment of a major bodily function of the pregnant minor.

 (h) A physician or other health care provider is liable for failure to obtain the informed consent of a person as required under AS 18.16.060 if the claimant establishes by a preponderance of the evidence that the provider has failed to inform the person of the common risks and reasonable alternatives to the proposed abortion procedure and that, but for that failure, the person would not have consented to the abortion procedure.

 (i) It is a defense to any action for the alleged failure to obtain the informed consent of a person under (h) of this section that
     (1) the risk not disclosed is too commonly known or is too remote to require disclosure; or

     (2) the person who is the subject of the alleged failure to obtain the informed consent stated to the physician or other health care provider that the person would or would not undergo the abortion procedure regardless of the risk involved or that the person did not want to be informed of the matters to which the person would be entitled to be informed.

 (j) In an action under (h) of this section, there is a rebuttable presumption that an abortion was performed with the pregnant woman’s informed consent if the person who performed the abortion submits into evidence a copy of the woman’s written certification required under AS 18.16.060(b).




Sec. 18.16.020. Notice or consent required before minor’s abortion.
 (a) A person may not knowingly perform or induce an abortion upon a minor who is known to the person to be pregnant, unmarried, under 18 years of age, and unemancipated unless, before the abortion, at least one of the following applies:
     (1) either
          (A) one of the minor’s parents, the minor’s legal guardian, or the minor’s custodian has been given notice of the planned abortion not less than 48 hours before the abortion is performed, or

          (B) the parent, legal guardian, or custodian has consented in writing to the performance or inducement of the abortion; if a parent has consented to the abortion the 48 hour waiting period referenced in (A) of this paragraph does not apply;

     (2) a court issues an order under AS 18.16.030 authorizing the minor to consent to the abortion without notice or consent of a parent, guardian, or custodian, and the minor consents to the abortion;

     (3) a court, by its inaction under AS 18.16.030, constructively has authorized the minor to consent to the abortion without notice and consent of a parent, guardian, or custodian, and the minor consents to the abortion; or

     (4) the minor is the victim of physical abuse, sexual abuse, or a pattern of emotional abuse committed by one or both of the minor’s parents or by a legal guardian or custodian of the minor and the abuse is documented by a declaration of the abuse in a signed and notarized statement by
          (A) the minor; and

          (B) another person who has personal knowledge of the abuse who is
               (i) the sibling of the minor who is 21 years of age or older;

               (ii) a law enforcement officer;

               (iii) a representative of the department of Health and Social Services who has investigated the abuse;

               (iv) a grandparent of the minor; or

               (v) a stepparent of the minor.

 (b) In (a)(1) of this section, actual notice must be given or attempted to be given in person or by telephone by either the physician who has referred the minor for an abortion or by the physician who intends to perform the abortion. An individual designated by the physician may initiate the notification process, but the actual notice shall be given by the physician. The physician giving notice of the abortion must document the notice or attempted notice in the minor’s medical record and take reasonable steps to verify that the person to whom the notice is provided is the parent, legal guardian, or custodian of the minor seeking an abortion. Reasonable steps to provide notice must include
     (1) if in person, requiring the person to show government-issued identification along with additional documentation of the person’s relationship to the minor; additional documentation may include the minor’s birth certificate or a court order of adoption, guardianship, or custodianship;

     (2) if by telephone, initiating the call, attempting to verify through a review of published telephone directories that the number to be dialed is that of the minor’s parent, legal guardian, or custodian, and asking questions of the person to verify that the person’s relationship to the minor is that of parent, legal guardian, or custodian; when notice is attempted by telephone but the physician or physician’s designee is unsuccessful in reaching the parent, legal guardian, or custodian, the physician’s designee shall continue to initiate the call, in not less than two-hour increments, for not less than five attempts, in a 24-hour period.

 (c) If actual notice is attempted unsuccessfully after reasonable steps have been taken as described under (b) of this section, the referring physician or the physician intending to perform an abortion on a minor may provide constructive notice to the minor’s parent, legal guardian, or custodian. Constructive notice is considered to have been given 48 hours after the certified notice is mailed. In this subsection, “constructive notice” means that notice of the abortion was provided in writing and mailed by certified mail, delivery restricted to addressee only, to the last known address of the parent, legal guardian, or custodian after taking reasonable steps to verify the mailing address.

 (d) A physician who suspects or receives a report of abuse under this section shall report the abuse as provided under AS 47.17.020.

 (e) A physician who is informed that the pregnancy of a minor resulted from criminal sexual assault of the minor must retain, and take reasonable steps to preserve, the products of conception and evidence following the abortion for use by law enforcement officials in prosecuting the crime.




Sec. 18.16.030. Judicial bypass for minor seeking an abortion.
 (a) A woman who is pregnant, unmarried, under 18 years of age, and unemancipated who wishes to have an abortion without notice to or the consent of a parent, guardian, or custodian may file a complaint in the superior court requesting the issuance of an order authorizing the minor to consent to the performance or inducement of an abortion without notice to or the consent of a parent, guardian, or custodian.

 (b) The complaint shall be made under oath and must include all of the following:
     (1) a statement that the complainant is pregnant;

     (2) a statement that the complainant is unmarried, under 18 years of age, and unemancipated;

     (3) a statement that the complainant wishes to have an abortion without notice to or the consent of a parent, guardian, or custodian;

     (4) an allegation of either or both of the following:
          (A) that the complainant is sufficiently mature and well enough informed to decide intelligently whether to have an abortion without notice to or the consent of a parent, guardian, or custodian; or

          (B) that one or both of the minor’s parents or the minor’s guardian or custodian was engaged in physical abuse, sexual abuse, or a pattern of emotional abuse against the minor, or that the consent of a parent, guardian, or custodian otherwise is not in the minor’s best interest;

     (5) a statement as to whether the complainant has retained an attorney and, if an attorney has been retained, the name, address, and telephone number of the attorney.

 (c) The court shall fix a time for a hearing on any complaint filed under (a) of this section and shall keep a record of all testimony and other oral proceedings in the action. The hearing shall be held at the earliest possible time, but not later than the fifth business day after the day that the complaint is filed. The court shall enter judgment on the complaint immediately after the hearing is concluded. If the hearing required by this subsection is not held by the fifth business day after the complaint is filed, the failure to hold the hearing shall be considered to be a constructive order of the court authorizing the complainant to consent to the performance or inducement of an abortion without notice to or the consent of a parent, guardian, or custodian, and the complainant and any other person may rely on the constructive order to the same extent as if the court actually had issued an order under this section authorizing the complainant to consent to the performance or inducement of an abortion without such consent.

 (d) If the complainant has not retained an attorney, the court shall appoint an attorney to represent the complainant.

 (e) If the complainant makes only the allegation set out in (b)(4)(A) of this section and if the court finds by clear and convincing evidence that the complainant is sufficiently mature and well enough informed to decide intelligently whether to have an abortion, the court shall issue an order authorizing the complainant to consent to the performance or inducement of an abortion without the consent of a parent, guardian, or custodian. If the court does not make the finding specified in this subsection, it shall dismiss the complaint.

 (f) If the complainant makes only the allegation set out in (b)(4)(B) of this section and the court finds that there is clear and convincing evidence of physical abuse, sexual abuse, or a pattern of emotional abuse of the complainant by one or both of the minor’s parents or the minor’s guardian or custodian, or by clear and convincing evidence the consent of the parents, guardian, or custodian of the complainant otherwise is not in the best interest of the complainant, the court shall issue an order authorizing the complainant to consent to the performance or inducement of an abortion without the consent of a parent, guardian, or custodian. If the court does not make the finding specified in this subsection, it shall dismiss the complaint.

 (g) If the complainant makes both of the allegations set out in (b)(4) of this section, the court shall proceed as follows:
     (1) the court first shall determine whether it can make the finding specified in (e) of this section and, if so, shall issue an order under that subsection; if the court issues an order under this paragraph, it may not proceed under (f) of this section; if the court does not make the finding specified in (e) of this section, it shall proceed under (2) of this subsection;

     (2) if the court under (1) of this subsection does not make the finding specified in (e) of this section, it shall proceed to determine whether it can make the finding specified in (f) of this section and, if so, shall issue an order under that subsection; if the court does not make the finding specified in (f) of this section, it shall dismiss the complaint.

 (h) The court may not notify the parents, guardian, or custodian of the complainant that the complainant is pregnant or wants to have an abortion.

 (i) If the court dismisses the complaint, the complainant has the right to appeal the decision to the supreme court, and the superior court immediately shall notify the complainant that there is a right to appeal.

 (j) If the complainant files a notice of appeal authorized under this section, the superior court shall deliver a copy of the notice of appeal and the record on appeal to the supreme court within four days after the notice of appeal is filed. Upon receipt of the notice and record, the clerk of the supreme court shall place the appeal on the docket. The appellant shall file a brief within four days after the appeal is docketed. Unless the appellant waives the right to oral argument, the supreme court shall hear oral argument within five days after the appeal is docketed. The supreme court shall enter judgment in the appeal immediately after the oral argument or, if oral argument has been waived, within five days after the appeal is docketed. Upon motion of the appellant and for good cause shown, the supreme court may shorten or extend the maximum times set out in this subsection. However, in any case, if judgment is not entered within five days after the appeal is docketed, the failure to enter the judgment shall be considered to be a constructive order of the court authorizing the appellant to consent to the performance or inducement of an abortion without notice to or the consent of a parent, guardian, or custodian, and the appellant and any other person may rely on the constructive order to the same extent as if the court actually had entered a judgment under this subsection authorizing the appellant to consent to the performance or inducement of an abortion without notice to or the consent of another person. In the interest of justice, the supreme court, in an appeal under this subsection, shall liberally modify or dispense with the formal requirements that normally apply as to the contents and form of an appellant’s brief.

 (k) Each hearing under this section, and all proceedings under (j) of this section, shall be conducted in a manner that will preserve the anonymity of the complainant. The complaint and all other papers and records that pertain to an action commenced under this section, including papers and records that pertain to an appeal under this section, shall be kept confidential and are not public records under AS 40.25.110 — 40.25.120.

 (l) The supreme court shall prescribe complaint and notice of appeal forms that shall be used by a complainant filing a complaint or appeal under this section. The clerk of each superior court shall furnish blank copies of the forms, without charge, to any person who requests them.

 (m) A filing fee may not be required of, and court costs may not be assessed against, a complainant filing a complaint under this section or an appellant filing an appeal under this section.

 (n) Blank copies of the forms prescribed under (l) of this section and information on the proper procedures for filing a complaint or appeal shall be made available by the court system at the official location of each superior court, district court, and magistrate in the state. The information required under this subsection must also include notification to the minor that
     (1) there is no filing fee required for either form;

     (2) no court costs will be assessed against the minor for procedures under this section;

     (3) an attorney will be appointed to represent the minor if the minor does not retain an attorney;

     (4) the minor may request that the superior court with appropriate jurisdiction hold a telephonic hearing on the complaint so that the minor need not personally be present;

     (5) the minor may request that the superior court with appropriate jurisdiction issue an order directing the minor’s school to excuse the minor from school to attend court hearings held under this section and to have the abortion if one is authorized by the court and directing the school not to notify the minor’s parent, legal guardian, or custodian that the minor is pregnant, seeking an abortion, or is absent for purposes of obtaining an abortion.




Sec. 18.16.040. Reports.
For each month in which an abortion is performed on a minor by a physician, the physician shall file a report with the Department of Health and Social Services indicating the number of abortions performed on a minor for that month, the age of each minor, the number of previous abortions performed on each minor, if any, and the number of pregnancies of each minor, if any, and the number of consents provided under each of the exceptions enumerated under AS 18.16.020(a)(1) — (4). A report filed under this section may not include identifying information of the minor other than the minor’s age.


Sec. 18.16.050. Partial-birth abortions.
 (a) Notwithstanding compliance with AS 18.16.010, a person may not knowingly perform a partial-birth abortion unless a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury and no other medical procedure would suffice for that purpose. Violation of this subsection is a class C felony.

 (b) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section or under any other law if the prosecution is based on this section.

 (c) In this section, “partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.




Sec. 18.16.060. Informed consent requirements.
 (a) Except as provided in (d) of this section, a person may not knowingly perform or induce an abortion without the voluntary and informed consent of
     (1) a woman on whom an abortion is to be performed or induced;

     (2) the parent, guardian, or custodian of a pregnant, unemancipated minor if required under AS 18.16.020; or

     (3) a pregnant, unemancipated minor if authorized by a court under AS 18.16.030.

 (b) Consent to an abortion is informed and voluntary when the woman or another person whose consent is required certifies in writing that the physician who is to perform the abortion, a member of the physician’s staff who is a licensed health care provider, or the referring physician has verbally informed the woman or another person whose consent is required of the name of the physician who will perform the procedure and the gestational estimation of the pregnancy at the time the abortion is to be performed and has provided either
     (1) the Internet information required to be maintained under AS 18.05.032; the physician or a member of the physician’s staff who is a licensed health care provider shall provide a copy of the Internet information if a person requests a written copy; if a member of the physician’s staff provides the information required under this paragraph, the member of the physician’s staff shall offer the opportunity to consult with the physician; or

     (2) information about the nature and risks of undergoing or not undergoing the proposed procedure that a reasonable patient would consider material to making a voluntary and informed decision of whether to undergo the procedure.

 (c) The information required in (b) of this section shall be provided before the procedure in a private setting to protect privacy, maintain the confidentiality of the decision, ensure that the information focuses on the individual circumstances, and ensure an adequate opportunity to ask questions. Provision of the information telephonically or by electronic mail, regular mail, or facsimile transmittal before the person’s appointment satisfies the requirements of this subsection as long as the person whose consent is required under (a) of this section has an opportunity to ask questions of the physician after receiving the information.

 (d) Notwithstanding (a) of this section, informed consent that meets the requirements of (a) — (c) of this section is not required in the case of a medical emergency or if the pregnancy is the result of sexual assault under AS 11.41.410 — 11.41.427, sexual abuse of a minor under AS 11.41.434 — 11.41.440, incest under AS 11.41.450, or an offense under a law of another jurisdiction with elements similar to one of these offenses. In this subsection, “medical emergency” means a condition that, on the basis of a physician’s good faith clinical judgment, so complicates the medical condition of a pregnant woman that
     (1) the immediate termination of the woman’s pregnancy is necessary to avert the woman’s death; or

     (2) a delay in providing an abortion will create serious risk of substantial and irreversible impairment of a major bodily function of the woman.




Sec. 18.16.090. Definitions.
In this chapter,
     (1) “abortion” means the use or prescription of an instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman known to be pregnant, except that “abortion” does not include the termination of a pregnancy if done with the intent to
          (A) save the life or preserve the health of the unborn child;

          (B) deliver the unborn child prematurely to preserve the health of both the pregnant woman and the woman’s child; or

          (C) remove a dead unborn child;

     (2) “unemancipated” means that a woman who is unmarried and under 17 years of age has not done any of the following:
          (A) entered the armed services of the United States;

          (B) become employed and self-subsisting;

          (C) been emancipated under AS 09.55.590; or

          (D) otherwise become independent from the care and control of the woman’s parent, guardian, or custodian.




Chapter 18. Hospice and Home Care Programs.

[Repealed, § 44 ch 57 SLA 2005.]

Article 1. Regulation of Hospitals.


Chapter 20. Hospitals and Nursing Facilities.

Secs. 18.20.010 — 18.20.040. Purpose; license required; application and fees; issuance and renewal of license and posting. [Repealed, § 45 ch 57 SLA 2005.]
Sec. 18.20.045. Insurance required. [Repealed, § 40 ch 177 SLA 1978.]
Secs. 18.20.050 — 18.20.070. Denial, suspension, or revocation of license; regulations and standards; compliance with regulations. [Repealed, § 45 ch 57 SLA 2005.]
Sec. 18.20.075. Risk management.
 (a) To be eligible for a license, each hospital shall have in operation an internal risk management program that shall
     (1) investigate the frequency and causes of incidents in hospitals that cause injury to patients;

     (2) develop and implement measures to minimize the risk of injury to patients; in developing these measures each hospital shall take into account recommendations of its medical staff, private underwriters, industry standards, experience of other hospitals, and recommendations of licensing boards of other health care providers; and

     (3) analyze patient grievances that relate to patient care.

 (b) The department shall adopt by regulation standards for the risk management programs in hospitals in the state which may vary according to the size of the hospital, the type of care offered by the hospital, and other factors found relevant by the department. Regulations adopted under this subsection are subject to AS 44.62 (Administrative Procedure Act).




Sec. 18.20.076. Reports of suspended or revoked staff privileges. [Repealed, § 21 ch 87 SLA 1987.]
Sec. 18.20.080. Inspection and consultation for alterations.
 (a) The department shall make annual inspections and investigations of hospital facilities. The department may accept accreditation by the Joint Commission on the Accreditation of Hospitals in lieu of an annual inspection by the department for the year in which the accreditation was granted if the accreditation standards of the commission are substantially similar to the inspection standards of the department.

 (b) The department may by regulation require that a licensee or applicant desiring to make a specified type of alteration or addition to its facilities or to construct new facilities shall, before commencing the alteration, addition, or new construction, submit plans and specifications to the department for preliminary inspection and approval or recommendations with respect to compliance with its regulations and standards.




Sec. 18.20.085. Hospital records retention.
 (a) Unless specified otherwise by the department a hospital shall retain and preserve records that relate directly to the care and treatment of a patient for a period of seven years following the discharge of the patient. However, the records of a patient under 19 years of age shall be kept until at least two years after the patient has reached the age of 19 years or until seven years following the discharge of the patient, whichever is longer. Records consisting of X-ray film are required to be retained for five years.

 (b) The department shall by regulation define the types of records and the information required to be included in the records retained and preserved under (a) of this section. The department may by regulation specify records and information to be retained for longer periods than those set out in (a) of this section.

 (c) If a hospital ceases operation, it shall make immediate arrangements, as approved by the department, for the preservation of its records.

 (d) This section is subject to AS 18.23.100.

 (e) In this section, “hospital” includes those facilities defined as hospitals under AS 18.20.130 and 18.20.210.




Sec. 18.20.090. Disclosure of information. [Repealed, § 45 ch 57 SLA 2005.]
Sec. 18.20.095. Mental health patient’s right to select staff; duties of hospital staff.
 (a) Except as provided in (d) of this section, a patient 18 years of age or older who is receiving mental health treatment and being provided intimate care at a hospital shall have a right to have care provided by a staff member who is the gender that the patient requests.

 (b) A supervisor or manager employed by a hospital shall
     (1) post a notice of the right provided under (a) of this section in a conspicuous place; and

     (2) if, after reasonable and good faith efforts to comply, the hospital is unable to comply with the requirement under (a) of this section,
          (A) document in the patient record that intimate care was provided by a licensed staff member of the gender opposite to the gender requested by the patient under (a) of this section; or

          (B) if a licensed staff member is not on duty at the time of the patient’s request under (a) of this section, document in the patient record that the care was provided by an unlicensed staff member of the gender opposite to that requested under (a) of this section.

 (c) Staff members employed by a hospital shall, in regard to patients receiving mental health treatment,
     (1) provide privacy for each patient, especially for patients who are the opposite gender and especially when patient care involves intimate bodily functions, unavoidable intimate touching, or nudity;

     (2) except when necessitated by a medical emergency that is documented in the patient’s record, avoid entering patient care areas for a person of the opposite gender and areas specified for persons of the opposite gender; and

     (3) conduct routine safety checks and rounds of bedrooms, bathrooms, and shower areas only of patients who are the same gender as the staff member.

 (d) A hospital is exempt from the requirements of (a) of this section if the treating psychiatrist for the patient at the hospital determines that compliance would adversely affect patient treatment and the psychiatrist documents the determination in the patient’s record.

 (e) In this section,
     (1) “intimate care” means hygienic care, including bathing, dressing, changing, and toileting, that involves a patient’s perineal area and, for a female patient, the patient’s breasts; “intimate care” does not include activities done in preparation for medical procedures;

     (2) “licensed staff member” means a person who is employed by the hospital to provide direct patient care and who is licensed or certified in the state as a physician or physician assistant under AS 08.64, direct-entry midwife under AS 08.65, nurse or nurse aide under AS 08.68, or physical therapist or occupational therapist under AS 08.84;

     (3) “mental health treatment” means admission to a hospital primarily for electroconvulsive treatment or treatment with psychotropic medication, or admission to and retention in a health care institution for other mental health treatment;

     (4) “staff member” means a person employed by a hospital to provide direct patient care.




Sec. 18.20.100. Annual report of department. [Repealed, § 35 ch 126 SLA 1994.]
Secs. 18.20.110 , 18.20.120. Misdemeanor to establish or conduct hospital without license; definitions. [Repealed, § 45 ch 57 SLA 2005.]
Sec. 18.20.130. Definitions.
In AS 18.20.075 — 18.20.130,
     (1) “department” means the Department of Health and Social Services;

     (2) “hospital” means an institution or establishment, public or private, devoted primarily to providing diagnosis, treatment, or care over a continuous period of 24 hours each day for two or more nonrelated individuals suffering from illness, physical or mental disease, injury or deformity, or any other condition for which medical or surgical services would be appropriate.




Article 2. Alaska Hospital and Medical Facilities Survey and Construction Act.


Sec. 18.20.140. Purpose.
The purpose of AS 18.20.140 — 18.20.220 is to make an inventory of existing hospitals and medical facilities, community mental health centers, and facilities for persons with intellectual and developmental disabilities; to survey the need for construction of hospitals and medical facilities, community mental health centers, and facilities for persons with intellectual and developmental disabilities; and to develop a program and plan of construction for each.


Sec. 18.20.141. Department functions.
The department shall be the sole agency for the administration of the plan as required by the federal act. The department shall develop and administer any programs necessary for compliance with the federal act.


Sec. 18.20.150. Duties of department.
 (a) For each of the following groups of facilities, hospitals and medical facilities (Group 1), community mental health centers (Group 2), and facilities for persons with intellectual and developmental disabilities (Group 3), the department shall
     (1) make a statewide inventory of existing public, nonprofit, and proprietary facilities;

     (2) survey the need for construction of these facilities;

     (3) on the basis of the inventory and survey, develop a program for the construction of public and other nonprofit facilities for each of these groups that will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate facility services to all residents of the state.

 (b) [Repealed, § 19 ch 6 SLA 1998.]
 (c) The department shall
     (1) provide for adequate facilities to furnish needed services for persons unable to pay for them in accordance with regulations adopted under the federal act;

     (2) submit any reports that the surgeon general considers necessary for compliance with the federal act;

     (3) do all things on behalf of the state necessary to obtain benefits under the federal act.




Sec. 18.20.160. Priority of projects.
The state plan must set out the relative need for the projects included in the construction program determined in accordance with the regulations adopted under the federal act, and provide for the construction, maintenance, and operation to the extent financial resources permit, in the order of the relative need.


Sec. 18.20.170. Application for construction projects.
The state, a political subdivision of the state, or a public or other nonprofit agency requesting federal funds for a health facility construction project must apply to the department. The application must conform to federal and state requirements.


Sec. 18.20.180. Approval of applications.
The commissioner of the department shall give every applicant an opportunity for a fair hearing. If, after giving reasonable opportunity for development and presentation of applications in the order of relative need, the commissioner of the department finds that a project application complies with the requirements of AS 18.20.170 and conforms with the state plan, the commissioner shall approve and recommend the application and forward it to the surgeon general.


Sec. 18.20.190. Inspection of projects.
The commissioner of the department shall inspect each construction project approved by the surgeon general from time to time. If the commissioner finds that work has been performed upon the project or purchases have been made in accordance with the approved plans and specifications, the commissioner shall certify to the surgeon general that this is the fact and that payment of an installment of federal funds is due the applicant.


Sec. 18.20.200. Acceptance of grants.
The department may accept on behalf of the state and may deposit separate and apart from public money and funds, a grant from the federal government, or gift or contribution from any source made to assist in meeting the cost of carrying out the purposes of AS 18.20.140 — 18.20.220. Federal funds received and not expended for these purposes shall be repaid to the United States.


Sec. 18.20.210. Definitions.
In AS 18.20.140 — 18.20.220,
     (1) “community mental health center” means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of mentally ill persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated;

     (2) “department” means the Department of Health and Social Services;

     (3) “facility for persons with intellectual and developmental disabilities” means a facility specially designed for the diagnosis, treatment, education, training, or custodial care of persons with intellectual and developmental disabilities, including facilities for training specialists and sheltered workshops for persons with intellectual and developmental disabilities, but only if the workshops are part of facilities that provide or will provide comprehensive services for persons with intellectual and developmental disabilities;

     (4) “federal act” means Title VI of the Public Health Service Act (42 U.S.C. 291 et seq.) concerning hospitals and medical facilities and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (P.L. 88-164) concerning facilities for persons with intellectual and developmental disabilities and community mental health centers, both as now or hereafter amended;

     (5) “hospital” includes a public health center and general, tuberculosis, mental, chronic disease, and other type of hospital, and related facilities, including laboratory, outpatient department, nurses’ homes, and training facilities, and central services facilities operated in connection with a hospital, but does not include a hospital furnishing primarily domiciliary care;

     (6) “medical facilities” means diagnostic and treatment centers, rehabilitation facilities, and nursing homes, as those terms are defined in the federal act, and other medical facilities for which federal aid may be authorized under the federal act;

     (7) “nonprofit facility for persons with intellectual and developmental disabilities” and “nonprofit community mental health center” mean, respectively, a facility for persons with intellectual and developmental disabilities and a community mental health center that is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and the term “nonprofit private agency or organization” means an agency or organization that is such a corporation or association or that is owned and operated by one or more of such corporations or associations;

     (8) “nonprofit hospital” and “nonprofit medical facility” mean a hospital or medical facility owned and operated by a nonprofit corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of a private shareholder or individual;

     (9) “public health center” means a publicly owned facility providing public health services, including related facilities such as laboratory, clinic, and administrative offices operated in connection with the public health center;

     (10) “surgeon general” means the Surgeon General of the Public Health Service or any other federal agency designated to administer the federal act.




Sec. 18.20.220. Short title.
AS 18.20.140 — 18.20.220 may be cited as the Alaska Hospital and Medical Facilities Survey and Construction Act.


Secs. 18.20.230 — 18.20.260. Leaving general hospital without arranging for payment; posting of law required; receipt of services without intent to pay a misdemeanor; definition. [Repealed, § 45 ch 57 SLA 2005.]

Article 3. Nursing Facilities.


Sec. 18.20.300. State policy.
It is the policy of the state to ensure that the quality of care in nursing facilities in this state is maintained at a high standard in accordance with applicable state and federal law and regulations and to ensure the health, safety, and quality of life of nursing facility residents in Alaska is maintained or enhanced.


Sec. 18.20.302. Criminal background check for employees. [Repealed, § 45 ch 57 SLA 2005.]
Sec. 18.20.305. Nursing facility regulations.
The department shall adopt necessary regulations to implement AS 18.20.300 — 18.20.390 in accordance with AS 44.62 (Administrative Procedure Act). The department shall, by regulation, specify criteria as to when and how the sanctions specified in AS 18.20.310 will be applied. The criteria must provide for the imposition of incrementally more severe penalties for deficiencies that are uncorrected or pervasive, or that present a threat to the health, safety, or welfare of nursing facility residents.


Sec. 18.20.310. Sanctions for noncompliance.
 (a) If the department finds that a nursing facility, or a partner, officer, director, owner of five percent or more of the nursing facility’s assets, or managing employee of the nursing facility substantially failed or refused to comply with AS 08.68.340 — 08.68.390, AS 08.70, AS 18.20.075 — 18.20.085, AS 47.07, or with a regulation adopted under any of those statutes, or, for a nursing facility that provides Medicaid services under AS 47.07, failed or refused to comply with the Medicaid requirements of 42 U.S.C. 1396r (Title XIX of the Social Security Act, as amended) or a regulation adopted under that statute, the department may take the following actions:
     (1) ban the admission of new residents to the nursing facility;

     (2) as provided in AS 18.20.320, deny payment under AS 47.07 and AS 47.25.120 — 47.25.300 for any Medicaid or general relief-medical resident admitted to the nursing facility after notice by the department of denial of payment; residents who are eligible for Medicaid or general relief-medical are not responsible for payment when the department takes action under this paragraph;

     (3) assess a civil fine in accordance with AS 18.20.340;

     (4) suspend or terminate the nursing facility’s participation in the Medicaid program;

     (5) suspend, revoke, or refuse to renew the nursing facility’s license issued under this chapter;

     (6) seek an appointment of temporary administration as provided in AS 18.20.360 or of a receiver under AS 18.20.370;

     (7) in case of an emergency, seek an order from the court either to close the nursing facility or to transfer residents from that facility, or both.

 (b) An order of the department imposing a sanction described in
     (1) (a)(1), (4), or (5) of this section takes effect immediately upon service of the order on the nursing facility; however, if the facility can demonstrate to the department’s satisfaction that the deficiencies prompting the order do not jeopardize the health or safety of facility residents or seriously limit the nursing facility’s capacity to provide adequate care, the department’s order takes effect 10 days after service;

     (2) (a)(2) or (3) of this section takes effect 10 days after service of the order on the nursing facility.

 (c) A hearing may be requested under AS 18.20.330 regarding a sanction imposed by the department under this section.




Sec. 18.20.320. Denial of payment.
The department shall deny payment under AS 47.07 or AS 47.25.120 — 47.25.300 to a nursing facility
     (1) that is not in compliance, and, for the preceding three months, has not been in compliance, with the requirements of 42 U.S.C. 1396r (Title XIX of the Social Security Act, as amended), and regulations adopted under that statute, until correction of the deficiency; or

     (2) if the department finds, on three consecutive reviews, that the nursing facility provided substandard quality of care; the department shall deny payment under this paragraph for new admissions until the facility has demonstrated to the satisfaction of the department that it is in compliance with the Medicaid requirements of 42 U.S.C. 1396r, and that it will remain in compliance with the requirements.




Sec. 18.20.330. Appeal; hearing.
 (a) Notwithstanding AS 44.62.330 — 44.62.630, the department, by regulation, shall establish a hearing procedure by which a nursing facility may present evidence to refute a deficiency found by the department, and by which it may appeal, in a hearing conducted by the office of administrative hearings (AS 44.64.010), a sanction imposed by order of the department under AS 18.20.310. A request for a hearing shall be made in writing within 10 days after service of the department’s order on the nursing facility. Except for an order that takes effect immediately under AS 18.20.310(b)(1), a request under this subsection has the effect of staying the department’s order until the hearing is concluded and the department makes a final determination.

 (b) An appeal, or request for stay, regarding a sanction imposed by the court under AS 18.20.310(a)(6) or (7), 18.20.360, or 18.20.370, shall be filed with the court in accordance with the Rules of Civil Procedure.




Sec. 18.20.340. Civil fines.
In accordance with regulations adopted by the department under AS 44.62.010 — 44.62.300, the department may assess and collect, with interest, a civil fine of up to $10,000 a day for each day a nursing facility is or was out of compliance with any of the federal or state statutes or regulations listed in AS 18.20.310. The department shall annually increase the maximum amount of the civil fine authorized in this section by a percentage equal to the percentage of increase in all items of the Consumer Price Index for all urban consumers for Anchorage, Alaska. Each day upon which the same or a substantially similar noncompliance occurs is a separate violation subject to the assessment of a separate civil fine. A civil fine assessed under this section is not reimbursable under AS 47.07 or AS 47.25.120 — 47.25.300. The department shall deduct the amount of a civil fine from reimbursement due or to be due the nursing facility under AS 47.07 or AS 47.25.120 — 47.25.300. The department may also use any remedy available under law to pursue collection of an unpaid fine.


Sec. 18.20.350. Nursing facility resident security fund.
 (a) There is established in the department, as a fund separate from other public money of the state, the nursing facility resident security fund. This fund consists of all civil fines collected under AS 18.20.310(a)(3) and 18.20.340 related to noncompliance with 42 U.S.C. 1396r(b), (c), or (d), and all interest earned on money in the fund.

 (b) The nursing facility resident security fund shall be administered by the department. Money in the fund may only be used for the protection of the health or property of residents of nursing facilities found to be out of compliance with 42 U.S.C. 1396r(b), (c), or (d), or a regulation adopted under those statutes, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement to a resident for personal money lost.




Sec. 18.20.360. Temporary management.
 (a) If the department determines that the health or safety of the residents of a nursing facility is immediately jeopardized as the result of the nursing facility’s failure or refusal to comply with a state statute or regulation, or failure or refusal to comply with the Medicaid requirements in 42 U.S.C. 1396r (Title XIX of the Social Security Act) or a regulation adopted under that statute, the department shall immediately petition the superior court for an order for appointment of temporary administration to
     (1) oversee the operation of the facility; and

     (2) ensure the health and safety of the facility’s residents while orderly closure of the facility occurs or the deficiencies necessitating temporary administration are corrected.

 (b) The court shall grant the petition if it finds by a preponderance of the evidence that the conditions in (a) of this section exist.




Sec. 18.20.370. Receivership.
 (a) The department may petition the superior court for establishment of a receivership for a nursing facility if the department finds that one of the following conditions exists and the current operator has demonstrated an inability or unwillingness to take action necessary to immediately correct the conditions alleged:
     (1) the facility is operating without a license;

     (2) the health, safety, or welfare of the facility’s residents is immediately jeopardized;

     (3) the facility demonstrates a pattern and practice of violating state or federal statutes or regulations in such a way that minimum resident care is jeopardized.

 (b) The court shall grant the petition if it finds by a preponderance of the evidence that one or more of the conditions in (a) of this section exist and the current operator is unable or unwilling to take action necessary to correct the condition.




Sec. 18.20.390. Definitions.
In AS 18.20.300 — 18.20.390, unless the context requires otherwise,
     (1) “department” means the Department of Health and Social Services;

     (2) “general relief-medical” means the medical assistance program authorized in AS 47.25.120 — 47.25.300;

     (3) “Medicaid” means the medical assistance program authorized in AS 47.07;

     (4) “nursing facility” means an institution, or a distinct part of an institution, as defined in 42 U.S.C. 1396r.




Article 4. Overtime Limitations for Nurses.


Sec. 18.20.400. Limitations on nursing overtime.
 (a) Except as provided in (c) of this section, a nurse in a health care facility may not be required or coerced, directly or indirectly,
     (1) to work beyond a predetermined and regularly scheduled shift that is agreed to by the nurse and the health care facility; or

     (2) to accept an assignment of overtime if, in the judgment of the nurse, the overtime would jeopardize patient or employee safety.

 (b) Except as provided by (c) of this section, after working a predetermined and regularly scheduled shift that is agreed to by the nurse and the health care facility as authorized by (a)(1) of this section, a nurse in a health care facility shall be allowed not less than 10 consecutive hours of off-duty time immediately following the end of that work.

 (c) Subsection (a) of this section does not apply to
     (1) a nurse who is employed by a health care facility providing services for a school, school district, or other educational institution, when the nurse is on duty for more than 14 consecutive hours during an occasional special event, such as a field trip, that is sponsored by the employer;

     (2) a nurse voluntarily working overtime on an aircraft in use for medical transport, so long as the shift worked is allowable under regulations adopted by the Board of Nursing based on accreditation standards adopted by the Commission on Accreditation of Medical Transport Systems;

     (3) a nurse on duty in overtime status
          (A) who is participating in the performance of a medical procedure or surgery that has begun but has not been completed;

          (B) because of an unforeseen emergency situation that could jeopardize patient safety; in this subparagraph, “unforeseen emergency situation” means an unusual, unpredictable, or unforeseen situation caused by an act of terrorism, disease outbreak, natural disaster, major disaster as defined in 42 U.S.C. 5122, or disaster emergency under AS 26.23.020 or 26.23.140, but does not include a situation in which a health care facility has reasonable knowledge of increased patient volume or inadequate staffing because of some other cause, if that cause is foreseeable;

          (C) because the health care facility has a scheduling problem caused by unforeseen weather conditions that prevent a second nurse from arriving at the facility to relieve the nurse on duty; in this subparagraph, “unforeseen weather conditions” means unusual, unpredictable, or unforeseen weather so extreme as to impair travel to the health care facility, but does not include a situation in which the health care facility has knowledge of the weather conditions far enough in advance to act so that a scheduling problem under this subparagraph can reasonably be avoided; or

          (D) at a health care facility located in a rural community that declares a temporary nurse staffing emergency under AS 18.20.410;

     (4) a nurse fulfilling on-call time that is agreed on by the nurse and a health care facility before it is scheduled unless fulfilling the on-call time would, in the nurse’s judgment, create an unacceptable risk to the physical safety of the nurse, a patient, or an employee of the facility;

     (5) a nurse voluntarily working overtime so long as the work is consistent with professional standards and safe patient care and does not exceed 14 consecutive hours;

     (6) a nurse voluntarily working beyond 80 hours in a 14-day period so long as the nurse does not work more than 14 consecutive hours without a 10-hour break and the work is consistent with professional standards and safe patient care;

     (7) a nurse who
          (A) is employed
               (i) at a psychiatric treatment hospital that treats only children or at a residential psychiatric treatment center, as defined under AS 18.07.111, that treats only children; in this sub-subparagraph, “children” means persons under 19 years of age who are receiving psychiatric treatment from a hospital or center or who are residing in a center and who were under 18 years of age on the date that the treatment or period of residence commenced;

               (ii) at a residential psychiatric treatment center as defined under AS 47.32.900; or

               (iii) at a secure residential psychiatric treatment center as defined under AS 47.12.990;

          (B) voluntarily agrees to work a 16-hour shift for the period between 5:00 p.m. on a Friday and 8:00 a.m. on the Monday that immediately follows and receives pay and benefits for that work that are equal to or greater than the pay and benefits the nurse would receive for working 20 regular hours in the same position; and

          (C) during the period described in (B) of this paragraph does not work a 16-hour shift consecutive with another shift of eight hours or more without an intervening break of at least eight hours;

     (8) the first two hours on overtime status when the health care facility is obtaining another nurse to work in place of the nurse in overtime status, so long as the nurse in overtime status is not on duty for more than 14 consecutive hours.




Sec. 18.20.410. Temporary nurse staffing emergency.
 (a) If, after making a substantial and reasonable effort to increase the number of available nurses on staff and failing in that effort, a health care facility in a rural community determines it is not able to meet the overtime limitations in AS 18.20.400 without putting the safety of its patients at risk of serious harm, the health care facility may declare a temporary nurse staffing emergency. A declaration of a temporary nurse staffing emergency under this section
     (1) must be made in a writing, signed by the administrator of the health care facility or the administrator’s designee, that describes the facility’s reasonable effort to avoid the temporary nurse staffing emergency; and

     (2) may not exceed 30 days.

 (b) Immediately after declaring a temporary nurse staffing emergency under (a) of this section, a health care facility shall file with the division of labor standards and safety, Department of Labor and Workforce Development, a report that includes a copy of the signed writing required under (a) of this section. A report under this subsection is a public document.

 (c) In addition to the requirements of (a) and (b) of this section, a health care facility shall notify the legislature immediately by delivery of a written report to the Alaska Legislative Council each time the facility declares a temporary nurse staffing emergency under AS 18.20.400(c) that exceeds two occurrences in a six-month period that begins on January 1 or July 1 of the year in which the declaration occurs, or three occurrences in the one-year period that begins on January 1 of that year. A report under this subsection must include a copy of each report that is required of the health care facility under (b) of this section for the one-year period that begins on January 1 of the year the excessive declaration under this subsection occurs.




Sec. 18.20.420. Health care facility complaint process for overtime work by nurses.
A health care facility shall provide for an anonymous process by which a patient or a nurse may make a complaint about staffing levels and patient safety that relate to overtime work by nurses and to limitations on overtime work by nurses under AS 18.20.400.


Sec. 18.20.430. Enforcement, offenses, and penalties.
 (a) The commissioner shall administer AS 18.20.400 — 18.20.499 and adopt regulations for implementing and enforcing AS 18.20.400 — 18.20.499.

 (b) A complaint alleging a violation of AS 18.20.400 — 18.20.499 must be filed with the commissioner within 30 days after the date of the alleged violation. The commissioner shall provide a copy of the complaint to the health care facility named in the filing within three business days after receiving the complaint.

 (c) If the commissioner finds that a health care facility has knowingly violated an overtime provision of AS 18.20.400 — 18.20.499, the following civil penalties shall apply:
     (1) for a first violation of AS 18.20.400 — 18.20.499, the commissioner shall reprimand the health care facility;

     (2) for a second violation of AS 18.20.400 — 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of $500;

     (3) for a third violation of AS 18.20.400 — 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $2,500 but not more than $5,000;

     (4) for each violation of AS 18.20.400 — 18.20.499 after a third violation of AS 18.20.400 — 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $5,000 but not more than $25,000.

 (d) As an employer, a health care facility violates an overtime provision of AS 18.20.400 — 18.20.499 “knowingly” when the facility is either aware that its conduct is of a nature prohibited by the overtime provision or aware that the circumstances described in the overtime prohibition exist; however, when knowledge of the existence of a particular fact is required to establish that the violation was knowing, that knowledge exists when the facility is aware of a substantial probability of its existence, unless the facility reasonably believes it does not exist.




Sec. 18.20.440. Prohibition of retaliation.
A health care facility may not discharge, discipline, threaten, discriminate against, penalize, or file a report with the Board of Nursing against a nurse for exercising rights under AS 18.20.400 — 18.20.499 or for the good faith reporting of an alleged violation of AS 18.20.400 — 18.20.499.


Sec. 18.20.450. Report requirements.
 (a) A health care facility shall file with the division of labor standards and safety, Department of Labor and Workforce Development, a semiannual report on a form provided by the department. The report for the six-month period ending June 30 must be filed before the following August 1, and the report for the six-month period ending December 31 must be filed before the following February 1. The report must include, for each nurse employed by the health care facility or under contract with the health care facility, the number of overtime hours worked and the number of hours the nurse was on call. A health care facility that does not employ a nurse who worked overtime hours or who was on call during the reporting period is not required to describe hours worked as overtime and on-call hours for individual nurses but may instead complete the report by stating on the form that there are no reportable hours.

 (b) A primary care outpatient facility is not subject to the reporting requirements of (a) of this section.




Sec. 18.20.460. Provisions not applicable to nurses employed in federal or tribal facilities.
The provisions of AS 18.20.400 — 18.20.499 do not apply to a nurse employed in a health care facility that is operated by
     (1) the federal government; or

     (2) a tribal organization as defined in 25 U.S.C. 450b.




Sec. 18.20.470. Notice to employees.
A health care facility shall post and maintain, in places readily accessible to individuals in the service of the health care facility, printed statements that describe employee rights and employer obligations under AS 18.20.400 — 18.20.499 and regulations adopted under AS 18.20.430. The commissioner shall supply the printed statements to a health care facility without cost to the facility.


Sec. 18.20.499. Definitions.
In AS 18.20.400 — 18.20.499,
     (1) “commissioner” means the commissioner of labor and workforce development;

     (2) “health care facility” means a private, municipal, or state hospital; independent diagnostic testing facility; primary care outpatient facility; skilled nursing facility; kidney disease treatment center, including freestanding hemodialysis units; intermediate care facility; ambulatory surgical facility; Alaska Pioneers’ Home or Alaska Veterans’ Home administered by the Department of Health and Social Services under AS 47.55; correctional facility owned or administered by the state; private, municipal, or state facility employing one or more public health nurses; long-term care facility; psychiatric hospital; residential psychiatric treatment center, as defined in AS 18.07.111 or AS 47.32.900; secure residential psychiatric treatment center under AS 47.12.990; juvenile detention facility; juvenile detention home, juvenile work camp, or treatment facility as defined in AS 47.12.990;

     (3) “nurse” means an individual licensed to practice registered nursing or practical nursing under AS 08.68 who provides nursing services through direct patient care or clinical services and includes a nurse manager when delivering in-hospital patient care;

     (4) “on-call” means a status in which a nurse must be ready to report to the health care facility and may be called to work by the health care facility;

     (5) “overtime” means the hours worked in excess of a predetermined and regularly scheduled shift that is agreed to by a nurse and a health care facility;

     (6) “rural community” means a village or city that has a population of less than 10,000, as determined by the Department of Labor and Workforce Development, and is in
          (A) the unorganized borough; or

          (B) an organized borough that has a population of less than 25,000, as determined by the Department of Labor and Workforce Development.




Article 5. Discharge of Hospital Patients.


Sec. 18.20.500. Aftercare assessment and designation of caregiver.
Before discharging a patient, a hospital shall assess the patient’s ability for self-care after discharge and provide the patient with the opportunity to designate a caregiver who agrees to provide aftercare for the patient in a private residence after discharge.


Sec. 18.20.510. Planning, instruction, and training.
 (a) A hospital shall give the patient and the patient’s designated caregiver the opportunity to participate in planning for the patient’s discharge from the hospital.

 (b) Before discharge, a hospital shall provide a patient and the patient’s designated caregiver with instruction and training as necessary for the designated caregiver to perform medical and nursing aftercare following discharge.




Sec. 18.20.520. Notification of discharge.
A hospital shall notify a patient’s designated caregiver of the patient’s discharge or transfer.


Sec. 18.20.530. Discharge policies.
 (a) A hospital shall adopt and maintain written discharge policies. The policies must comply with AS 18.20.500 — 18.20.590.

 (b) The discharge policies of a hospital must specify the requirements for documenting the identity of a patient’s designated caregiver and the details of the discharge plan for the patient, including professional follow-up as specified in the discharge plan.

 (c) The discharge policies of a hospital may incorporate established evidence- based practices that include
     (1) standards for accreditation adopted by a nationally recognized hospital accreditation organization; or

     (2) the conditions of participation for hospitals adopted by the Centers for Medicare and Medicaid Services.

 (d) The discharge policies of a hospital must ensure that the discharge planning is appropriate to the condition of the patient, and the hospital shall interpret the discharge policies in a manner and as necessary to meet the needs and condition of the patient and the abilities of the patient’s designated caregiver.

 (e) AS 18.20.500 — 18.20.590 do not require that a hospital adopt discharge policies that would
     (1) delay a patient’s discharge or transfer to another facility; or

     (2) require the disclosure of protected health information without obtaining a patient’s consent as required by state and federal laws governing health information privacy and security.




Sec. 18.20.540. Construction of provisions.
The provisions of AS 18.20.500 — 18.20.590 may not be construed to
     (1) create a right of action against a hospital, a hospital employee, or a contractor of the hospital, including a person who contracts with the hospital to provide instruction to a designated caregiver, based on an action performed or not performed under AS 18.20.500 — 18.20.590; or

     (2) replace, change, or otherwise affect rights or remedies that are provided under another provision of law, including common law.




Sec. 18.20.550. Coordination with other authority.
AS 18.20.500 — 18.20.590 may not be interpreted to interfere with the powers or duties of
     (1) an agent operating under a valid advance health care directive under AS 13.52; or

     (2) a legal guardian of the patient.




Sec. 18.20.590. Definitions.
In AS 18.20.500 — 18.20.590,
     (1) “aftercare” includes
          (A) assistance with the activities of daily living or activities that are instrumental to the activities of daily living;

          (B) wound care, medication administration, medical equipment operation, mobility assistance, and other medical or nursing tasks; and

          (C) other assistance related to the patient’s condition at the time of discharge;

     (2) “designated caregiver” means a caregiver designated by the patient who agrees to provide aftercare to the patient in a private residence;

     (3) “discharge” means a patient’s release from a hospital following the patient’s admission to the hospital;

     (4) “hospital” has the meaning given in AS 18.20.130, but does not include a hospital that is limited to the treatment of mental disorders;

     (5) “private residence” does not include a rehabilitative facility, a hospital, a nursing home, an assisted living facility, a group home, or another licensed health care facility.




Article 1. Patient Records; Medical Review Organizations.


Chapter 23. Health Care Services Information and Review Organizations.

Sec. 18.23.005. Patient access to records.
Notwithstanding the provisions of AS 18.23.005 — 18.23.070 or any other law, a patient is entitled to inspect and copy any records developed or maintained by a health care provider or other person pertaining to the health care rendered to the patient.


Sec. 18.23.010. Limitation on liability for persons providing information to review organization.
 (a) A person providing information to a review organization is not subject to action for damages or other relief by reason of having furnished that information unless the information is false and the person providing the information knew or had reason to know the information was false.

 (b) A privilege of confidentiality arising from a physician-patient relationship may not be invoked to withhold pertinent information from review by a review organization.




Sec. 18.23.020. Limitation on liability for members of review organizations.
A person who is a member or employee of, or who acts in an advisory capacity to, or who furnishes counsel or services to a review organization is not liable for damages or other relief in an action brought by another whose activities have been or are being scrutinized or reviewed by a review organization, by reason of the performance of a duty, function, or activity of the review organization, unless the performance of the duty, function, or activity was motivated by malice toward the affected person. A person is not liable for damages or other relief in an action by reason of performance of a duty, function, or activity as a member of a review organization or by reason of a recommendation or action of the review organization when the person acts in the reasonable belief that the action or recommendation is warranted by facts known to the person or to the review organization after reasonable efforts to ascertain the facts upon which the review organization’s action or recommendation is made.


Sec. 18.23.030. Confidentiality of records of review organization.
 (a) Except as provided in (b) of this section, all data and information acquired by a review organization in the exercise of its duties and functions shall be held in confidence and may not be disclosed to anyone except to the extent necessary to carry out the purposes of the review organization and is not subject to subpoena or discovery. Except as provided in (b) of this section, a person described in AS 18.23.020 may not disclose what transpired at a meeting of a review organization except to the extent necessary to carry out the purposes of a review organization, and the proceedings and records of a review organization are not subject to discovery or introduction into evidence in a civil action against a health care provider arising out of the matter that is the subject of consideration by the review organization. Information, documents, or records otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during proceedings of a review organization, nor may a person who testified before a review organization or who is a member of it be prevented from testifying as to matters within the person’s knowledge, but a witness may not be asked about the witness’s testimony before a review organization or opinions formed by the witness as a result of its hearings, except as provided in (b) of this section.

 (b) Testimony, documents, proceedings, records, and other evidence adduced before a review organization that are otherwise inaccessible under this section may be obtained by a health care provider who claims that denial is unreasonable or may be obtained under subpoena or discovery proceedings brought by a plaintiff who claims that information provided to a review organization was false and claims that the person providing the information knew or had reason to know the information was false.

 (c) Nothing in AS 18.23.005 — 18.23.070 prevents a person whose conduct or competence has been reviewed under AS 18.23.005 — 18.23.070 from obtaining, for the purpose of appellate review of the action of the review organization, any testimony, documents, proceedings, records, and other evidence adduced before the review organization.

 (d) Notwithstanding the provisions of (b) and (c) of this section, information contained in a report submitted to the State Medical Board, and information gathered by the board during an investigation, under AS 08.64.336 is not subject to subpoena or discovery unless and until the board takes action to suspend, revoke, limit, or condition a license of the person who is the subject of the report or investigation.




Sec. 18.23.040. Penalty for violation.
Other than as authorized by AS 18.23.030, a disclosure of data and information acquired by a review committee or of what transpired at a review meeting is a misdemeanor and punishable by imprisonment for not more than one year or by a fine of not more than $500.


Sec. 18.23.050. Protection of patient.
Nothing in AS 18.23.005 — 18.23.070 relieves a person of liability that the person has incurred or may incur to a person as a result of furnishing health care to the patient.


Sec. 18.23.060. Parties bound by review.
When a review organization reviews matters under AS 18.23.070(5)(A)(viii) a party is not bound by a ruling of the organization in a controversy, dispute, or question unless the party agrees in advance, either specifically or generally, to be bound by the ruling.


Sec. 18.23.065. [Renumbered as AS 18.23.005.]
Sec. 18.23.070. Definitions for AS 18.23.005 — 18.23.070.
In AS 18.23.005 — 18.23.070, unless the context otherwise requires,
     (1) “administrative staff” means the staff of a hospital or clinic;

     (2) “health care” means professional services rendered by a health care provider or an employee of a health care provider, and services furnished by a sanatorium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings;

     (3) “health care provider” means an acupuncturist licensed under AS 08.06; a chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing optician licensed under AS 08.71; an optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a physical therapist or occupational therapist licensed under AS 08.84; a physician licensed under AS 08.64; a podiatrist; a psychologist and a psychological associate licensed under AS 08.86; a hospital as defined in AS 47.32.900, including a governmentally owned or operated hospital; and an employee of a health care provider acting within the course and scope of employment;

     (4) “professional service” means service rendered by a health care provider of the type the provider is licensed to render;

     (5) “review organization” means
          (A) a hospital governing body or a committee whose membership is limited to health care providers and administrative staff, except where otherwise provided for by state or federal law, and that is established by a hospital, by a clinic, by one or more state or local associations of health care providers, by an organization of health care providers from a particular area or medical institution, or by a professional standards review organization established under 42 U.S.C. 1320c-1, to gather and review information relating to the care and treatment of patients for the purposes of
               (i) evaluating and improving the quality of health care rendered in the area or medical institution;

               (ii) reducing morbidity or mortality;

               (iii) obtaining and disseminating statistics and information relative to the treatment and prevention of diseases, illness, and injuries;

               (iv) developing and publishing guidelines showing the norms of health care in the area or medical institution;

               (v) developing and publishing guidelines designed to keep the cost of health care within reasonable bounds;

               (vi) reviewing the quality or cost of health care services provided to enrollees of health maintenance organizations;

               (vii) acting as a professional standards review organization under 42 U.S.C. 1320c;

               (viii) reviewing, ruling on, or advising on controversies, disputes, or questions between a health insurance carrier or health maintenance organization and one or more of its insured or enrollees; between a professional licensing board, acting under its powers of discipline or license revocation or suspension, and a health care provider licensed by it when the matter is referred to a review organization by the professional licensing board; between a health care provider and the provider’s patients concerning diagnosis, treatment, or care, or a charge or fee; between a health care provider and a health insurance carrier or health maintenance organization concerning a charge or fee for health care services provided to an insured or enrollee; or between a health care provider or the provider’s patients and the federal or a state or local government, or an agency of the federal or a state or local government;

               (ix) acting on the recommendation of a credential review committee or a grievance committee;

          (B) the State Medical Board established by AS 08.64.010;

          (C) a committee established by the commissioner of health and social services and approved by the State Medical Board to review public health issues regarding morbidity or mortality; at least 75 percent of the committee members must be health care providers;

          (D) the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).




Article 2. Form of Medical Records.


Sec. 18.23.100. Use of electronic medical records.
A health care provider may maintain and preserve its medical records in an electronic format that protects the physical security of the records and protects the records from access by unauthorized persons. A health care provider who maintains and preserves the records in an electronic format that provides these protections is not required to maintain a separate paper copy. The Department of Health and Social Services may adopt regulations under AS 44.62 (Administrative Procedure Act) to regulate the implementation of this section.


Article 3. Electronic Health Information Exchange System.


Sec. 18.23.300. Creation of health information exchange system.
 (a) The department shall establish and implement a statewide electronic health information exchange system and ensure the interoperability and compliance of the system with state and federal specifications and protocols for exchanging health records and data.

 (b) The system established under this section must
     (1) include infrastructure planning that involves
          (A) the designation by the commissioner of a qualified entity or combination of qualified entities in the state that
               (i) has an advisory or governing body made up of health system stakeholders that include members identified under (d) of this section;

               (ii) applies for available federal and state funding for planning and implementation of the system authorized by the commissioner;

               (iii) submits an annual budget for approval of the commissioner;

               (iv) complies with nondiscrimination and conflict of interest policies;

               (v) meets and complies with federal and state health information policies and standards;

               (vi) provides cost and cost saving data associated with the development and use of the system to the department;

          (B) the development of statewide infrastructure to support the electronic health information exchange system established under this section and to connect electronic health records to the infrastructure;

          (C) the development of a statewide technology plan, with the participation of identified stakeholders, to promote the implementation and sustained use by public and private health care payors and providers of electronic health records and the system established under this section in order to ensure interoperability among government-operated health information systems and other public and private health information and reporting systems;

          (D) the development of policies and standards, consistent with federal and state law, to safeguard the privacy and security of health information;

          (E) the development of a training and workforce development plan for implementing and serving the system;

          (F) an estimate of costs of the hardware, software, services, and support needed to implement and maintain the technical infrastructure; and

     (2) include implementation measures that
          (A) provide for installation and training on the use of the system;

          (B) set out a plan to encourage health care provider, payor, and patient use of electronic records over a sustained period of time;

          (C) provide support to providers for workflow redesign, quality improvement, and care management services;

          (D) provide for participation by all identified stakeholders in the planning and implementation of the system;

          (E) comply with federal and state health information policies; and

          (F) provide for periodic evaluation and improvement of the system.

 (c) The department may enter into contracts, seek and accept available federal and private funds and equipment, and adopt regulations necessary to carry out the purposes of this section.

 (d) The designee under (b)(1)(A) of this section may be a private for-profit or nonprofit entity or entities under contract with the state. The advisory or governing body of the designee must include
     (1) the commissioner;

     (2) eight other individuals, each of whom represents one of the following interests:
          (A) hospitals and nursing home facilities;

          (B) private medical care providers;

          (C) community-based primary care providers;

          (D) federal health care providers;

          (E) Alaska tribal health organizations;

          (F) health insurers;

          (G) health care consumers;

          (H) employers or businesses; and

     (3) two nonvoting liaison members who shall serve to enhance communication and collaboration between the designee and both the Board of Regents of the University of Alaska and the commission established in the governor’s office to review health care policy.




Sec. 18.23.305. Department; duties.
In carrying out its duties under AS 18.23.300, the department shall
     (1) in accordance with federal recommendations, determine the manner in which the system is developed and operated;

     (2) provide oversight and technical assistance needed for planning and implementing the system;

     (3) authorize and facilitate applications for available federal funding for planning and implementing the system;

     (4) ensure compliance with applicable federal and state health information policies and standards;

     (5) ensure compliance with federal and state law and standards that safeguard the privacy and security of health information;

     (6) ensure that the health information exchange system becomes self-sustaining through a combination of user fees and other private and public funding sources.




Sec. 18.23.310. Confidentiality and security of information.
 (a) The department shall establish appropriate security standards to protect the transmission and receipt of individually identifiable information contained in the system established under AS 18.23.300. The standards must
     (1) include controls over access to and collection, organization, and maintenance of records and data that protect the confidentiality of the individual who is the subject of a health record;

     (2) include a secure and traceable electronic audit system for identifying access points and trails;

     (3) meet the most stringent applicable federal or state privacy law governing the protection of the information contained in the system.

 (b) A person may not release or publish individually identifying health information from the system for purposes unrelated to the treatment or billing of the patient who is the subject of the information. Use or distribution of the information for a marketing purpose is strictly prohibited.

 (c) The department shall establish procedures for a patient who is the subject of a health record contained in the system
     (1) to opt out of the system;

     (2) to consent to the distribution of the patient’s records contained in the system;

     (3) to be notified of a violation of the confidentiality provisions required under this section;

     (4) on request to the department, to view an audit report created under this section for the purpose of monitoring access to the patient’s records.




Sec. 18.23.315. Health information exchange system report to the legislature.
The department shall provide to the legislature, on or before December 31 of each year, an annual report on the progress of the health information exchange system in the state, including a specific set of recommendations for long-term participation and financial support by the state.


Sec. 18.23.320. Contract conditions.
A contract entered into to carry out the purposes of AS 18.23.300 must require that the contractor meet applicable federal and state requirements for protecting health information privacy and security and nationally recognized standards for interoperability of health information technology.


Sec. 18.23.325. Definitions.
In AS 18.23.300 — 18.23.325,
     (1) “commissioner” means the commissioner of health and social services;

     (2) “department” means the Department of Health and Social Services;

     (3) “system” means the statewide electronic health information exchange system established under AS 18.23.300.




Article 1. Construction and Equipment Aid to Nonprofit Hospitals.


Chapter 25. Assistance to Hospitals and Health Facilities.

Sec. 18.25.010. Department to render aid.
The department may facilitate the purchase, construction, and repair of, and obtain necessary equipment for, nonprofit hospitals operated by municipalities, communities, and associations in the state.


Sec. 18.25.020. Determination of necessity.
The department shall initiate appropriate action under AS 18.25.010 — 18.25.030 when it determines which projects are of most immediate necessity, and shall allot money to the municipalities, communities, and associations on a matching basis, or in accordance with their financial ability and urgency of the need.


Sec. 18.25.030. Intent.
It is the intent of AS 18.25.010 — 18.25.030 to provide financial aid to municipalities, communities, and associations for which an attempt at complete financing by themselves of a necessary project would entail great hardship. It is also intended that the department utilize the money authorized under AS 18.25.010 — 18.25.030 so far as can be arranged to assist the municipalities, communities, and associations in matching funds with the federal government under applicable federal law for hospital assistance.


Article 2. Aid for Operation Deficits of Community Operated Nonprofit Hospitals and Clinics.


Sec. 18.25.040. Department to render aid.
The department may assist in cases of operational deficits of community operated nonprofit hospitals and clinics in the state.


Sec. 18.25.050. Determination of necessity.
The department shall initiate appropriate action in accordance with the provisions of AS 18.25.040 — 18.25.060 as soon as the department determines which projects are of most immediate necessity.


Sec. 18.25.060. Intent.
It is the intent of AS 18.25.040 — 18.25.060 to provide financial aid, or funds to match available federal funds to aid localities or municipalities whose taxable values are limited in scope and for whom an attempt at community financing of a community operated nonprofit hospital or clinic would entail insurmountable hardship.


Article 3. Assistance for Community Health Facilities.


Sec. 18.25.070. Department to render assistance.
The department may assist in the purchase, construction, repair, and equipping of facilities to improve and protect community health, and may provide financial assistance for the operation of the facilities in case of operational deficits.


Sec. 18.25.080. Intent and purpose.
It is the intent of AS 18.25.070 — 18.25.110 to assist communities and areas in developing and improving health service facilities by the purchase, construction, renovation, or establishment of hospitals, health centers, or clinics, or quarters for personnel, and the purchase of furnishings, supplies, and equipment and making the other expenditures necessary to carry out the purpose of AS 18.25.070 — 18.25.110. Assistance is to be given in areas that would otherwise be denied adequate facilities, because the taxable values are limited in scope and an attempt at total community financing of a project would cause hardship or prevent its realization. It is also intended that the department utilize the money authorized under AS 18.25.070 — 18.25.110 so far as can be arranged to assist municipalities in matching funds with the federal government under federal law.


Sec. 18.25.090. Use of purchases.
Purchases under AS 18.25.070 — 18.25.110 are to be used for the purpose for which appropriated and when the purpose is discontinued the items shall be returned to the department for use elsewhere.


Sec. 18.25.100. Regulations authorized.
The department shall adopt regulations for
     (1) the establishment of criteria, minimum requirements, and standards for assistance to communities under AS 18.25.070 — 18.25.110;

     (2) the establishment of the fiscal and accounting procedures and controls considered necessary for the payment of grants;

     (3) the compilation of data and information from the communities concerned that will support the need for assistance under AS 18.25.070 — 18.25.110;

     (4) the establishment of procedures by which communities may apply for assistance;

     (5) accepting financial or other assistance from the federal government under federal law to carry out the purpose of AS 18.25.070 — 18.25.110 through matching funds or grants;

     (6) cooperation and coordination with other state boards, departments, or agencies engaged in construction programs in areas applying for assistance under AS 18.25.070 — 18.25.110.




Sec. 18.25.110. Report of grants made.
Within 10 days of the convening of each legislative session, the department shall have completed a report of grants made under AS 18.25.070 — 18.25.110 and notified the legislature that the report is available.


Article 4. General Provisions.


Sec. 18.25.120. Definitions.
In this chapter, “department” means the Department of Health and Social Services.


Chapter 26. Alaska Medical Facility Authority.

Sec. 18.26.010. Legislative finding and policy.
 (a) The legislature finds that
     (1) there exist inadequate medical care and medical facilities in certain localities of the state, and in other localities medical care is not available and medical facilities do not exist at all;

     (2) construction funding under 42 U.S.C. 291-291z (Title VI, Public Health Service Act) and 42 U.S.C. 2661-2698(b) (P.L. 88-164, Community Mental Health Centers Construction Act of 1963) has not been forthcoming to the degree necessary, either alone or when combined with state or local funds, to ameliorate the state’s need for medical care and medical facilities; and

     (3) it is essential that the people of this state have adequate medical care and medical facilities at a reasonable cost.

 (b) It is declared to be the policy of the state, in the interests of promoting the health and general welfare of all of its people, to provide acceptable alternative means of financing the constructing and equipping of needed medical facilities that, in number, size, type, distribution, operation, and services, are consistent with the orderly and economic development of medical facilities and services, are in the public interest, avoid unnecessary duplication of medical facilities and services, are economical in the use of health personnel, and will assure admission and care of high quality to all who need it. The legislature finds that this policy will be implemented by creating a public corporation called the Alaska Medical Facility Authority, with powers, duties, and functions as provided in this chapter.




Sec. 18.26.020. Creation of authority.
There is created the Alaska Medical Facility Authority the sole purpose of which is to provide and finance medical facilities for the benefit of the people of the state. The authority is a public corporation and an instrumentality of the state within the Department of Revenue, but with a separate and independent legal existence.


Sec. 18.26.030. Board of directors of the authority.
 (a) The authority shall be managed and controlled by a seven-person board of directors, who serve at the pleasure of the governor, consisting of
     (1) the commissioner of revenue, who shall also chair the board;

     (2) the commissioner of health and social services;

     (3) the commissioner of commerce, community, and economic development;

     (4) four public members, appointed by the governor.

 (b) The four public members appointed under (a)(4) of this section serve for staggered four-year terms. Each must be a resident of the state and a qualified voter at the time of appointment and shall comply with the requirements of AS 39.50 (public official financial disclosure). Each member shall hold office for the term of the appointment and until a successor has been appointed and qualified. A member is eligible for reappointment. A vacancy on the board of directors occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only. Each member of the board, before entering upon the duties of office, shall take and subscribe to an oath to perform the duties of office faithfully, impartially, and justly to the best of the member’s ability. A record of the oath shall be filed in the Office of the Governor.

 (c) If any commissioner is unable for any reason to attend a meeting of the authority, the commissioner may, by an instrument filed with the board and incorporated into the minutes of the meeting, designate another person within the commissioner’s department to serve as a member at that meeting. For purposes of this chapter, an acting commissioner is a member of the board until a commissioner assumes office.




Sec. 18.26.040. Meetings, compensation, officers, and expenses.
 (a) Four members of the board constitute a quorum for the transaction of business or the exercise of a power or function at a meeting of the board. All decisions of the board shall be initiated by motion or resolution, and the vote and decision shall be recorded in the board’s minute book, which is a public record. The affirmative votes of not less than two of the public members and two commissioners are required for the passage of any motion or resolution. Notice of all meetings shall be given in accordance with regulations adopted by the board. All meetings of the board shall be open to the public, except that the board may convene in executive session in the manner provided in AS 44.62.310(b) to consider subject matter under AS 44.62.310(c).

 (b) Members of the board serve without salary but each member is entitled to reimbursement from authority funds for actual and necessary expenses incurred in the performance of official duties as a member of the board. An officer or employee of the state need not forfeit office or employment or any benefits by reason of acceptance to the office of director of the authority.

 (c) The board may appoint an executive director who serves at its pleasure and may appoint and employ other persons or officers it considers advisable, including but not limited to professional advisors, architects, technical experts, agents, and support personnel. The attorney general is the legal counsel for the authority. The executive director, if any, is responsible for keeping records of all meetings of the board and is custodian of all books, documents, and papers filed with the board, the minute book, and journals. In the absence of an executive director, the board shall designate one member of the board to fulfill the duties mentioned in this subsection. The person responsible for those duties may cause copies to be made of all minutes, records, and documents of the board and may give certificates of the authority to the effect that those copies are true copies and all persons dealing with the authority may rely on those certificates.




Sec. 18.26.050. Powers of authority.
The authority has all powers necessary to carry out the purposes of this chapter including, but not limited to, the following:
     (1) to sue and be sued in its own name;

     (2) to adopt a seal and alter it at pleasure;

     (3) to adopt, amend, and repeal bylaws for its organization, management of its internal affairs, and the conduct of its business consistent with the provisions of this chapter;

     (4) to adopt regulations, in accordance with AS 44.62 (Administrative Procedure Act), governing the exercise of its corporate powers;

     (5) to acquire by purchase, construction, exchange, gift, lease, or otherwise, real or personal property, rights, rights-of-way, franchises, easements, and other interests in land, including land lying under water and riparian rights that are located in the state, taking title to it in the name of the authority;

     (6) to accept gifts, grants, or loans from, and enter into contracts or other transactions regarding them with, a federal agency or an agency or instrumentality of the state, a municipality, private organization, or other source;

     (7) to provide the financing incidental to purchasing, constructing, improving, extending, and equipping medical facilities in the state;

     (8) to lease to any political subdivision of the state or nonprofit corporation medical facilities upon terms and conditions the board considers appropriate, and to terminate any such lease upon default of the lessee;

     (9) to enter into options and agreements for the renewal or extension of leases of medical facilities leased under (8) of this section or for the conveyance or options to convey, including renewals, of those medical facilities;

     (10) to sell, exchange, donate, convey, pledge, or otherwise encumber in any manner by mortgage or by creation of any other security interest, real or personal property owned by it, or in which it has an interest, to pledge the revenue and receipts from these assets, and to arrange and provide for guarantees and other security agreements when, in the judgment of the authority, the action is in furtherance of its corporate purposes;

     (11) to issue notes and revenue bonds in amounts considered necessary by the authority to pay the cost of establishing and equipping medical facilities and to secure payment of the notes and revenue bonds as provided in this chapter;

     (12) to deposit or otherwise invest its funds, subject to agreements with bondholders, in any property or securities in which banks or trust companies may legally invest, so long as no member of the board of directors or its executive director has any personal interest, either directly or indirectly, in any such depository or investment entity and the funds are held in reserves or sinking funds, if those deposited or invested funds are not required for reasonably foreseeable disbursement;

     (13) to arrange or contract for services, privileges, works, facilities, or management and operation of a medical facility;

     (14) to fix and revise, from time to time, and to charge and collect rates, rents, fees, and charges for the use of and services furnished or to be furnished by a medical facility for which financing or financial assistance is provided under this chapter;

     (15) to insure any real or personal property or operations of the authority against any risks or hazards;

     (16) to purchase its bonds at a price not more than the principal amount of them plus accrued interest; all bonds so purchased must be cancelled;

     (17) to maintain an office at places it may designate;

     (18) to make mortgage loans or other secured loans to a medical facility, to refund or refinance outstanding obligations, mortgages, or advances issued, made, or given by the medical facility for the costs of its facilities, including the issuance of bonds and the making of loans to a medical facility, when the authority finds that such financing is in the public interest and alleviates the financial hardship upon the medical facility, is in connection with other financing by the authority for the medical facility, or may be expected to result in a lower cost of patient care and a saving to third parties, including the state or the federal government, and to others who must pay for the health care, or any combination of those factors;

     (19) to obtain, or aid in obtaining, from any department or agency of the United States or of this state or any private company, any insurance or guarantee as to, or of, or for the payment or repayment of interest or principal, or both, or any part of interest or principal on any loan, lease, or obligation, or any instrument evidencing or securing a loan, lease, or obligation entered into under this chapter; and, notwithstanding any other provisions of this chapter, to enter into any agreement, contract, or any other instrument whatsoever with respect to any such insurance or guarantee, to accept payment in the manner and form provided in it in the event of default by a medical facility, and to assign any such insurance or guarantee as security for the authority’s bonds.




Sec. 18.26.060. Operation and management of medical facilities.
 (a) The authority may not maintain or operate any medical facility. However, if the operator of a medical facility or trustee under a trust agreement defaults under any material provisions of the contractual documents, the authority may operate and maintain the medical facility on an interim basis for a limited period of time as is necessary to recruit another knowledgeable and competent operator or trustee.

 (b) All references to the maintenance or operation of a medical facility within this chapter must be strictly construed as subject to the limitation of (a) of this section and are not expansions of, additions to, or in any other manner an amplification of the restrictive intent and language of (a) of this section.




Sec. 18.26.070. Expenses of authority.
All expenses of the authority incurred in carrying out the provisions of this chapter are payable solely from funds provided under this chapter, and liability may not be incurred by the authority beyond the extent to which money has been provided under this chapter. However, for the purposes of meeting the necessary expenses of initial organization and operation of the authority for the period commencing on July 9, 1978, and continuing until the authority derives money from funds provided to it under this chapter, the authority may borrow the money it requires and may repay it, with appropriate interest, over a reasonable period of time. A liability incurred under this section is a liability of the authority only, and not a liability of the state.


Sec. 18.26.080. Bonds of the authority; court jurisdiction.
 (a) The authority may borrow money and may issue bonds for it, payable from the revenue derived by it from its interest in any one or more medical facilities or from its income and receipts or other assets generally, or a designated part of them. The issuance of revenue bonds is governed by the provisions of this chapter and is not subject to the prior approval of the voters of the state. Revenue bonds, whether coupon or fully registered, are negotiable instruments for all purposes of the Uniform Commercial Code.

 (b) The authority shall issue revenue bonds only by resolution adopted by its board after finding that
     (1) the lessee or operator of the medical facility is financially responsible and competent to operate the facility, and the lease or operation contract has been approved by the authority and the lessee or operator;

     (2) financing the medical facility will be advantageous to the public welfare of the state and the community in which the medical facility is or is to be located; and

     (3) the medical facility to be constructed will comply with all applicable ordinances of the municipality.

 (c) The resolution adopted in (b) of this section shall also specify the public purpose for which the proceeds of the revenue bonds must be expended and declare the projected cost of carrying out that purpose.

 (d) The bonds may be issued as serial bonds, as term bonds, or bonds of both types. The authorizing bond resolution shall state the maturity date which may not exceed 40 years from the bond’s date of issue, the rate of interest, the time of payment, the denomination, whether coupon or fully registered, whether transferable, exchangeable, or interchangeable, the registration and conversion privileges, if any, the covenant that payments are to be only in lawful money of the United States of America at the place the board authorizes, and the terms of redemption, if any. The bonds, notes, or attached interest coupons must be executed by manual or facsimile signatures of the officers of the authority designated by the board. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates which shall be exchanged for the definitive bonds.

 (e) The bond resolution shall provide for the establishment of one or more special funds, and those funds may be under the control of the board or one or more trustees. The bond resolution shall obligate the authority to deposit and expend the proceeds of the revenue bonds only into and from those funds. The authority may issue and sell revenue bonds payable as to interest and principal only out of those funds.

 (f) All bonds may be sold at public or private sale in the manner, at the time, and for the price determined by the authority.

 (g) Before the issuance of any bonds, the authority shall verify that the lease or operator agreement for the medical facility being financed by that issue is at least sufficient, in the judgment of the authority,
     (1) to pay the principal of and interest on the bonds as they become due;

     (2) to create and maintain the reserves for them as the authority considers necessary or desirable; and

     (3) to meet all obligations in connection with the lease or operator agreement, including all costs necessary to service the bonds.

 (h) Bonds of the authority may be secured by a pooling of leases by which the authority may assign its rights and pledge rents under two or more leases of medical facilities, upon terms that may be provided for in bond resolutions of the authority.

 (i) Any bond resolution may contain provisions, which constitute a part of the contract with the holders of the bonds, as to
     (1) the rentals, fees, and other amounts to be charged, and the sums to be raised in each year by them, and the use, investment, and disposition of those sums;

     (2) the setting aside of reserves or sinking funds, and the regulation, investment, and disposition of them;

     (3) limitations on the use of the medical facility;

     (4) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds;

     (5) the refunding of outstanding bonds;

     (6) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated;

     (7) any matters relating to the bonds that the authority considers desirable.

 (j) The authority may contract for the future sale of revenue bonds by which contract purchasers shall be committed to the prices, terms, and conditions stated in each contract. The authority may pay the consideration it considers proper for those commitments.

 (k) The superior court has jurisdiction to hear and determine actions or proceedings relating to the authority, including actions or proceedings brought to foreclose or otherwise enforce a mortgage, pledge, assignment, or security interest or brought by or for the benefit or security of a holder of its bonds or by a trustee for or other representative of the holders.




Sec. 18.26.090. Bond anticipation notes.
The authority may issue and sell bond anticipation notes which shall be on the terms, bear the date, mature at the time, be in the denomination and in the form, payable in the medium at the place and subject to the terms of redemption as the authority considers necessary or advisable in the manner provided in this chapter.


Sec. 18.26.100. Trust indentures and trust agreements.
In the discretion of the authority, an issue of bonds may be secured by a trust indenture, trust agreement, indenture of mortgage or deeds of trust (all considered “trust agreements” in this chapter) between the authority and a corporate trustee. The corporate trustee may be a trust company, bank, or national banking association, with corporate trust powers, located inside or outside the state or by a secured loan agreement or other instrument or under a resolution giving powers to a corporate trustee by means of which the authority may
     (1) make any covenants and agreements with the trustee or the holders of the bonds that the authority determines to be necessary or desirable, including, without limitation, covenants and agreements as to
          (A) the application, investment, deposit, use, and disposition of the proceeds of bonds of the authority or of money or other property of the authority or in which it has an interest;

          (B) the fixing and collection of rent or other consideration for, and the other terms to be incorporated in a lease or contract of sale of, a project;

          (C) the assignment by the authority of its rights in the lease or contract of sale of a project or in a mortgage or other security interest created with respect to a project to a trustee for the benefit of bondholders;

          (D) the terms and conditions upon which additional bonds of the authority may be issued;

          (E) the vesting in a trustee of rights, powers, duties, funds, or property in trust for the benefit of bondholders, including, without limitation, the right to enforce payment, performance, and all other rights of the authority or of the bondholders, under a lease, contract of sale, mortgage, security agreement, or trust agreement with respect to a project by injunction or other proceeding or by taking possession of by agent or otherwise and operating a project and collecting rent or other consideration and applying it in accordance with the trust agreement;

     (2) pledge, mortgage, or assign money, leases, agreements, property, or other assets of the authority either presently in hand or to be received in the future, or both; and

     (3) provide for any other matters of like or different character that in any way affect the security or protection of the bonds.




Sec. 18.26.110. Liability for issuance.
Neither the members of the authority nor any person executing the bonds is liable personally on the bonds or is subject to any personal liability or accountability by reason of the issuance of them.


Sec. 18.26.120. Bondholder claims against special funds.
Any notes or revenue bonds issued against any special funds provided for in this chapter are a valid claim of the holder of them only as against those special funds in the proportion or amount of the revenue pledged to the funds and other authority assets the board may have pledged. All notes or revenue bonds payable from a special fund shall, on the face of the note or revenue bond, name the fund and the resolution creating them.


Sec. 18.26.130. Conflict of interests.
 (a) A member of the board may not vote on a resolution of the board relating to a lease or contract to be entered into by the authority under this chapter if the member is a party to the lease or contract or has a direct ownership or equity interest in a firm, partnership, corporation, or association that would be a party to the contract or lease.

 (b) It is a conflict of interests for any person employed by the authority or any person on contract for hire, written or oral, at a fixed or hourly fee with the authority, to act in an advisory capacity to the authority or to support the use of the authority’s funds in a manner that may or will result in benefit, directly or indirectly, to that employee, agent, or advisor, except upon full disclosure in writing and by oral presentation to the board of the details of the conflicting interest, including a dollar estimate of the direct and indirect monetary gain the employee, agent, or advisor may expect to derive. The board’s resolution that addresses the matter in which a conflict of interests exists must set out the details of the full disclosure.

 (c) Any person who violates this section shall be
     (1) punished by a fine equivalent to the total gain derived, including gain derived from a partially disclosed or misstated disclosure of monetary gain;

     (2) barred from further acting as an employee, agent, or advisor to the authority; and

     (3) imprisoned for a term not less than three months nor more than one year.

 (d) Public notice of the board meeting at which the written and oral disclosure of the conflict is to be given must specify
     (1) a conflict-of-interests presentation is to be made at that meeting;

     (2) the name of the person making the disclosure; and

     (3) the position or title of the person so disclosing.




Sec. 18.26.140. Pledge of revenue.
A pledge of revenue or other money, obligations, or assets by the authority is binding from the time the pledge is made as against any parties having subsequent claims in tort, contract, or otherwise, irrespective of whether those parties have actual notice of the prior pledge. The pledge must be noted in the board’s minute book and is constructive notice to all parties. Neither the resolution nor other instrument by which a pledge is created need be otherwise recorded, nor is the filing of any financing statement under the Uniform Commercial Code or other law required to perfect the pledge. Revenue, rent, or other money, obligations, or assets so pledged and later received by the authority are immediately subject to the lien of the pledge without any physical delivery or further act.


Sec. 18.26.150. Obligations and income of authority.
 (a) Notes or revenue bonds issued under the provisions of this chapter are not, either directly, indirectly, or contingently, an obligation, a pledge of the faith and credit of, or a charge upon any revenue or funds of the state or of any political subdivision of the state but are payable solely from the funds of the authority. The issuance of notes or revenue bonds under this chapter does not, directly, indirectly, or contingently, obligate the state or any political subdivision of the state to levy any form of taxation or to make any appropriation for their payment. Nothing in this section prevents the authority from pledging its faith and credit or the faith and credit of a medical facility to the payment of bonds authorized under this chapter.

 (b) The funds, income, or receipts of the authority do not constitute money of the state, nor is real property in which the authority has an interest considered land owned in fee by the state or to which the state may become entitled or in any way land belonging to the state, or state land referred to in art. VIII of the Alaska Constitution.




Sec. 18.26.160. Rights of bondholders.
A holder of notes or revenue bonds issued under this chapter or a trustee under a trust agreement entered into under this chapter may, except to the extent the holder’s rights are restricted by the bond resolution, by any suitable form of legal proceedings, protect and enforce any rights under the laws of this state or granted by the bond resolution. Those rights include (1) the right to compel the performance of all duties of the authority required by this chapter or the bond resolution; (2) the right to enjoin unlawful activities; and (3) in the event of default (A) with respect to the payment of any principal of, or premium, if any, or interest on, any bond, or (B) in the performance of any covenant or agreement on the part of the authority in the bond resolution, the right to apply to a court having jurisdiction of the cause to appoint a receiver to administer and operate the medical facility. The receiver may pay principal of, and premiums, if any, and interest on those bonds, and has the powers, subject to the direction of the court, that are permitted by law and are accorded receivers in general equity cases. However, the receiver may not pledge additional revenue of the authority to the payment of that principal, premium, and interest.


Sec. 18.26.170. Investments by authority.
Except as otherwise provided by this chapter, the authority may invest any funds, not needed to meet current cash expenditure needs, as set out in AS 37.10.071.


Sec. 18.26.180. Bonds as securities.
Revenue bonds of the authority are securities in which the following may legally invest any funds belonging to them or within their control: all public officers and agencies of the state and of municipal corporations, officers, boards of directors and trustees of banks, trust companies, savings banks, and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, all executors, administrators, guardians, trustees, and other fiduciaries.


Sec. 18.26.190. Pledge of the state.
The State of Alaska pledges to and agrees with the holders of any obligations issued under this chapter, and with those parties who may enter into contracts with the authority under this chapter, that the state will not limit or alter the rights vested in the authority by this chapter with respect to outstanding obligations until those obligations, together with the interest on them, are fully met and discharged and those contracts are fully performed on the part of the authority. However, nothing in this section precludes such a limitation or alteration if adequate provision is made by law for the protection of the holders of those obligations of the authority or persons entering into those contracts with the authority.


Sec. 18.26.200. Accounting and reports.
The authority shall keep an accurate account of all of its activities and of all of its receipts and expenditures and shall biennially, no later than the 10th day of the first regular session of each legislature, make a report of them to the governor, copies of which shall also be made available to bondholders or parties holding a secured interest in the assets of the authority. The authority shall notify the legislature that the report is available. The governor may investigate the affairs of the authority, may examine the property and records of the authority, and may prescribe methods of accounting and the rendering of periodical reports in relation to projects undertaken by the authority.


Sec. 18.26.210. State requirements.
A medical facility that has been monetarily supported, in any manner whatsoever, by the authority is subject to any state requirements relating to public buildings, structures, grounds, works, or improvements, any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts, or the lease, sale, or other disposition of property of the authority.


Sec. 18.26.220. Facility compliance with health and safety laws and licensing requirements.
A medical facility constructed, acquired, improved, financed, or otherwise under the provisions of this chapter and all actions of the authority are subject to AS 18.07, AS 47.32, and any other present or future state licensing requirements for the facilities or services provided under this chapter. A medical facility issued a certificate of need under sec. 4, ch. 275, SLA 1976, by virtue of being in existence or under construction before July 1, 1976, must fully meet the requirements of AS 18.07 in order to be eligible for funding under this chapter.


Sec. 18.26.230. Authority as a public body; tax status of assets, income and bonds.
 (a) The authority, all assets at any time owned by it, the income from those assets, and all bonds issued by the authority, together with the coupons applicable to them, and the income from them, are exempt from all taxation and special assessments in this state except for gift, inheritance, and estate taxes. However, real property and personal property owned by the authority and leased to a third party is subject to property taxation if that property would be subject to taxation if owned by the lessee of it.

 (b) [Repealed, § 74 ch 6 SLA 1984.]




Sec. 18.26.240. Earnings of the authority.
The earnings of the authority in excess of the amount required for the retirement of indebtedness or the accomplishment of the purposes stated in this chapter are the exclusive property of the state.


Sec. 18.26.250. Operation of certain statutes excepted; status of authority.
The authority is not a
     (1) political subdivision of the state for the purposes of AS 37.10.085, but for all other purposes the authority constitutes a political subdivision and an instrumentality of the state under this chapter;

     (2) municipality;

     (3) state agency for the purposes of AS 37.




Sec. 18.26.260. Issuance and guarantee of Alaska Medical Facility Authority bonds.
 (a) There is established as a separate account in the authority the medical facilities special bond guarantee account. The medical facilities special bond guarantee account consists of money disbursed to it by the commissioner of revenue. The assets of the medical facilities special bond guarantee account may be pledged to guarantee bonds or bond anticipation notes of the authority issued under (b) of this section.

 (b) If the commissioner of revenue and the board jointly determine that a medical facility is unable to use traditional private or public financial institutions to refinance mortgage loans and that it is in the public interest to make refinancing available,
     (1) the authority may provide financial assistance and purchase mortgage loans made to the medical facility and may issue bonds or bond anticipation notes under this chapter to provide money for the purchase of the mortgage loans or to provide the financial assistance; and

     (2) the commissioner of revenue may disburse to the medical facilities special bond guarantee account money appropriated to the commissioner for the account which the commissioner determines to be necessary to guarantee bonds or bond anticipation notes issued under (1) of this subsection.

 (c) Before entering into an agreement under (a) of this section to provide guarantees for bonds or bond anticipation notes issued or to be issued under (b) of this section, the commissioner of revenue shall determine that arrangements have been made to protect the interests of the state in the medical facilities special bond guarantee account.




Sec. 18.26.900. Definitions.
In this chapter, unless the context requires otherwise,
     (1) “authority” means the Alaska Medical Facility Authority created by this chapter;

     (2) “board” means the board of directors of the authority;

     (3) “bond resolution” means a resolution authorizing the issuance of, or providing terms and conditions related to, revenue bonds issued under this chapter and includes any trust agreement, trust indenture, mortgage agreement, or deed of trust providing terms and conditions for those bonds;

     (4) “bonds” means revenue bonds of the authority issued under this chapter, including refunding and refinancing those bonds;

     (5) “cost” includes, but is not necessarily limited to,
          (A) the cost incurred for developmental, planning, and feasibility studies, surveys, plans and specifications, and architectural, engineering, legal or other special services;

          (B) the cost of acquisition of land and any buildings and improvements on it;

          (C) the cost of site preparation and development, including demolition or removal of existing structures, construction, reconstruction, and equipment, including machinery, fixed equipment, and personal property;

          (D) carrying charges incurred during construction, up to and including the occupancy date;

          (E) interest on bonds issued to finance the project to a date six months after the estimated date of completion;

          (F) working capital not exceeding three percent of the estimated total cost of the project or three percent of the actual total final cost, whichever is larger;

          (G) the fees and charges, if any, imposed by the authority or by others;

          (H) necessary expenses incurred in connection with the initial occupancy of the project, personnel recruitment, and the cost of other items the authority determines to be reasonable and necessary;

     (6) “medical facility” includes, but is not limited to, any hospital, nursing home, intermediate care home, public health center or outpatient clinic, facility for the developmentally disabled, a rehabilitation facility, a drug abuse and alcoholism treatment facility, a mental health center, a health-care unit within a sheltered care home or home for senior citizens; “medical facility” does not include any institution, place, or building used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious work;

     (7) “operator” means any person who, by contract with the authority or by contract with a trustee who holds the position of trustee under a trust agreement with the authority, has the responsibility for the day-to-day operation and maintenance of a medical facility and over the development and implementation of long-range goals and objectives for the medical facility; it includes any person acting as an agent or representative of an operator;

     (8) “property” means any real, personal, or mixed property, or any interest in it, including without limitation any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, rights-of-way, and structures, or any interest in any of these items;

     (9) “revenue” means, with respect to any medical facility, the rent, fees, charges, interest, principal repayments, and other income or profit received or to be received, either directly or indirectly, by the authority from any source on account of the facility.




Chapter 28. State Assistance for Community Health Aide Programs.

Sec. 18.28.010. Community health aide grants.
 (a) A qualified regional health organization is entitled to a grant of $30,000 each fiscal year for the training and supervision of primary community health aides if the organization or another local or regional health organization employed at least three primary community health aides on July 1, 1984, to serve the communities proposed to be served under the grant.

 (b) During each fiscal year, a qualified regional health organization or local health organization is entitled to a grant of $8,000 multiplied by the number of primary community health aides who were employed by that organization or another local or regional health organization during the previous fiscal year who each week during the previous fiscal year averaged at least 20 hours of service in the communities proposed to be served by the grant, but not to exceed the number of primary community health aides who were employed by a local or regional health organization on July 1, 1984, to serve the communities proposed to be served under the grant.

 (c) A grant under (b) of this section may be used only for
     (1) training of primary community health aides, including tuition and travel to training programs;

     (2) supervision of primary community health aides, including travel for supervisors;

     (3) alternate community health aides.

 (d) The department shall compute and pay a grant under this section within the limits of appropriations made for the purpose.




Sec. 18.28.020. Qualifications.
To qualify for a community health aide grant a regional or local health organization must
     (1) have received money from the federal government for a community health aide program during the fiscal year for which the grant is sought;

     (2) provide the services of community health aides on a nondiscriminatory basis for the benefit of the public;

     (3) apply for the grant in accordance with application requirements of the department or negotiate a contract with the department in lieu of a grant if the regional or local health organization provides other contract services for the state; and

     (4) supply information requested by the department.




Sec. 18.28.030. Community health aide grant account. [Repealed, § 12 ch 42 SLA 1997.]
Sec. 18.28.040. Liability limitation.
The state is not liable for any injury that may result from the use of money awarded by the state as a community health aide grant or paid by the state under a contract under this chapter.


Sec. 18.28.050. Regulations.
The department may adopt regulations necessary to carry out the provisions of this chapter.


Sec. 18.28.100. Definitions.
In this chapter,
     (1) “alternate community health aide” means a person who assists the primary community health aide when necessary and acts in the absence of the primary community health aide;

     (2) “community health aide” includes a primary community health aide and an alternate health aide;

     (3) “department” means the Department of Health and Social Services;

     (4) “local health organization” means a nonprofit corporation or other entity that provides health services in a rural area that is less than 4,000 square miles;

     (5) “primary community health aide” means a person who has completed the first of three levels of community health aide training offered by the Norton Sound Health Corporation at the Nome Hospital, the Kuskokwim Community College in Bethel, the Alaska Area Native Health Service in Anchorage, or another accredited training center;

     (6) “regional health organization” means a nonprofit corporation or home rule borough that provides health aide services under a contract with the Alaska Native Health Service in a rural area that is at least 4,000 square miles.




Chapter 29. Health Care Professions Loan Repayment and Incentive Program.

Sec. 18.29.010. Legislative intent.
The loan repayments and direct incentive payments provided under this chapter are intended to ensure that residents throughout the state, including recipients of medical assistance and Medicare, have access to health care and that residents of rural areas of the state, in particular, experience improved access to health care services.


Sec. 18.29.015. Health care professions loan repayment and incentive program; purpose; advisory body.
 (a) The health care professions loan repayment and incentive program is established in the department for the purpose of addressing the worsening shortage of certain health care professionals in the state by increasing the number and improving the distribution of health care professionals who provide direct patient care.

 (b) The program established under this section must include
     (1) direct incentives paid under AS 18.29.020;

     (2) loan repayments made under AS 18.29.025;

     (3) procedures for the commissioner’s designation and prioritization of sites eligible for participation in the program;

     (4) an application process for participation in the program as
          (A) an eligible site; or

          (B) a tier I or tier II health care professional;

     (5) the dissemination of public information and notices pertinent to the program;

     (6) classification by the commissioner of each eligible site as having either regular or very hard-to-fill positions, or both;

     (7) matching payments, as provided under (d) of this section;

     (8) a lifetime maximum period of 12 years for participation in the program by a tier I or tier II health care professional, as described in (f) of this section;

     (9) procedures for allowable leaves of absence; and

     (10) annual program evaluations and reports.

 (c) The program shall be administered by the commissioner in consultation with an advisory body appointed by the commissioner. The advisory body is made up of members with health care expertise, including expertise in economic issues affecting the hiring and retention of health care professionals in the state. Members of the advisory body serve at the pleasure of the commissioner to provide recommendations for and oversight and evaluation of all aspects of the program. The commissioner shall accept a recommendation of the advisory body on a matter pertaining to the identification and monitoring of areas of shortages, eligible sites, payment priorities, or evaluation of the program, unless the commissioner finds, in writing, that the recommendation cannot be financially or otherwise supported by the department.

 (d) An employer or other entity approved for participation in the program shall make nonrefundable quarterly matching payments to the department for deposit in the general fund. The payments must be in an amount that is
     (1) a portion of the combined annual incentive payment and the loan repayment amounts paid under the program for the benefit of the employee, as determined by the commissioner; and

     (2) adjusted by the employer’s or other entity’s ability to pay, as determined by the commissioner, in consultation with the program advisory body.

 (e) A matching loan repayment or direct incentive payment made under (d) of this section shall be paid as a combined amount to the lending institution or to the eligible health care professional by the department from money appropriated for the purpose.

 (f) The department may approve loan repayment and direct incentive payments for a qualified applicant under the program for three-year periods, as follows:
     (1) an initial period of three years;

     (2) a renewal period of three years if the applicant
          (A) requests loan repayments and has a continuing loan obligation on the same loan that was subject to repayment under the program during the initial three-year period and is otherwise eligible under the program;

          (B) continues to qualify for direct incentive payments under the program; or

          (C) is eligible under both (A) and (B) of this paragraph;

     (3) a reapplication period of six years that is equivalent to (1) and (2) of this subsection if the applicant is engaged in qualified employment and the applicant
          (A) requests additional loan repayments under the program and has incurred additional loans that qualify for repayment under the program during or after the first six years of the applicant’s participation in the program;

          (B) requests additional direct incentive payments under the program; or

          (C) is eligible under both (A) and (B) under this paragraph.

 (g) The department shall prorate loan repayments and direct incentive payments under the program based on the number of hours of qualified employment worked in a calendar quarter. However, the department may not make a loan repayment or direct incentive payment before the completion of a calendar quarter for which the loan repayment or incentive payment is made.

 (h) The department shall adopt regulations necessary to implement the program.

 (i) Direct incentive payments, loan repayments, and matching payments shall be made with funds appropriated by the legislature for that purpose.




Sec. 18.29.020. Direct incentives.
 (a) The department shall provide direct incentives in the form of quarterly cash payments to eligible tier I and tier II health care professionals engaged in qualified employment.

 (b) Payments made under this section, when combined with a matching payment and a loan repayment amount paid under AS 18.29.025, if any, may not exceed
     (1) $35,000 annually for a tier I health care professional employed in a regular position;

     (2) $47,000 annually for a tier I health care professional employed in a very hard-to-fill position;

     (3) $20,000 annually for a tier II health care professional employed in a regular position; or

     (4) $27,000 annually for a tier II health care professional employed in a very hard-to-fill position.

 (c) The commissioner shall calculate the annual incentive payment amount by multiplying the annual maximum payment under (b) of this section by the percentage of full time equivalent employment for each of not more than three years of qualified employment less a matching payment amount as determined under AS 18.29.015(d) and loan repayment amount, if any, under AS 18.29.025.




Sec. 18.29.025. Loan repayment.
 (a) The commissioner shall repay a portion of eligible education loans described in this section that are held by or made to eligible tier I and tier II health care professionals under the program according to the loan repayment procedures established in this section.

 (b) A loan is eligible for repayment under the program if the loan was issued by a government or commercial entity for the payment of actual costs of tuition and other reasonable educational and living expenses related to the undergraduate or graduate education of a participant who is eligible under AS 18.29.035 and that resulted in a degree required for employment as a tier I or tier II health care professional under the program.

 (c) A loan repayment under this section when combined with a matching payment shall be in an amount not to exceed 33.3 percent of the unpaid loan balance existing in the first year of program participation, multiplied by the percentage of full time equivalent employment for each of up to three years of qualified employment less a matching loan repayment or incentive amount from an employer or other entity as determined under AS 18.29.015(d).

 (d) The commissioner shall make a loan repayment under this section in quarterly installments payable to the lending institution or to the eligible health care professional.

 (e) A loan or interest on a loan is not eligible for repayment under this section if the loan or interest is
     (1) to be repaid by another source, including another loan repayment or forgiveness program or an employer-sponsored repayment program;

     (2) consolidated with a loan that is not eligible for repayment; or

     (3) refinanced as a loan that is not eligible for repayment.




Sec. 18.29.030. Number of participants.
 (a) The number of participants to whom the commissioner may provide a direct incentive payment, loan repayment, or both under the program established under AS 18.29.015 may not exceed 90 participants annually as described in (b) of this section, regardless of whether the participants are new participants, continuing participants, or both.

 (b) The commissioner shall reserve sufficient funding for not fewer than three positions in each of the 10 tier I and tier II health care professions in very hard-to-fill positions at eligible sites.

 (c) If insufficient funds are appropriated in a fiscal year, the department shall prorate payments based on the number of approved participants in the program.




Sec. 18.29.035. Eligibility and priority.
 (a) To be eligible for a direct incentive payment under AS 18.29.020, an individual shall
     (1) submit an application that is approved by the commissioner;

     (2) be engaged in qualified employment at an eligible site with a participating employer or entity;

     (3) be licensed or exempt from licensure as a tier I or tier II health care professional in the state;

     (4) meet a priority for payment established under (c) of this section; and

     (5) meet other criteria established by the commissioner.

 (b) To be eligible for loan repayment under AS 18.29.025, an individual shall
     (1) meet eligibility and priority criteria established under (a) of this section; and

     (2) have an unpaid balance on one or more eligible education loans described under AS 18.29.025 and verified by the Alaska Commission on Postsecondary Education.

 (c) The commissioner shall establish priorities for payment of incentives and loan repayments under the program based on the recommendations of the program advisory body and the availability of funding. The commissioner shall prioritize eligible sites based on the needs assessment score for the site, remoteness of the site, the percentage of underserved patients treated at the site, or a combination of these elements; in this subsection, an underserved patient
     (1) is uninsured;

     (2) receives or is eligible to receive medical assistance or Medicare coverage; or

     (3) receives or is eligible to receive other federal health program benefits.




Sec. 18.29.099. Definitions.
In AS 18.29.010 — 18.29.099,
     (1) “commissioner” means the commissioner of health and social services;

     (2) “department” means the Department of Health and Social Services;

     (3) “eligible site” means a service area or health care facility that the commissioner has designated as located in a health care services shortage area based on a needs assessment score and employment statistics for qualified tier I or tier II health care professionals;

     (4) “program” means the health care professions loan repayment and incentive program;

     (5) “qualified employment” means employment of a tier I or tier II health care professional at an eligible site at which the health care professional is hired and paid to work
          (A) in a full-time or not less than half-time position;

          (B) for a contract term that is not less than three years; and

          (C) not less than 50 percent time on direct patient health care services;

     (6) “tier I health care professional” means a person licensed or exempt from licensure in the state as a dentist, pharmacist, or physician;

     (7) “tier II health care professional” means a person licensed or exempt from licensure in the state as a dental hygienist, registered nurse, advanced practice registered nurse, physician assistant, physical therapist, clinical psychologist, or clinical social worker holding at least a master’s degree in social work.




Chapter 30. Air Pollution.

[Repealed, § 4 ch 120 SLA 1971.]

Article 1. Asbestos Health Hazard Abatement Program.


Chapter 31. Asbestos.

Sec. 18.31.010. Program established.
The asbestos health hazard abatement program is established in the Department of Labor and Workforce Development to coordinate efforts of state departments and agencies to abate asbestos health hazards in schools in the state. The program applies to all work in public schools and the University of Alaska involving
     (1) demolition, removal, encapsulation, salvage, repair, transportation, disposal, storage, and containment of asbestos products;

     (2) construction, alteration, repair, maintenance, or renovation that will cause asbestos fibers to become airborne.




Sec. 18.31.020. Duties of the Department of Labor and Workforce Development.
In order to abate asbestos health hazards from public schools and from the University of Alaska, the Department of Labor and Workforce Development shall
     (1) in a school district or regional educational attendance area that has not complied with Environmental Protection Agency asbestos regulations (40 C.F.R. Part 763), inspect school buildings to determine the presence of asbestos, take samples as needed, answer inquiries on the subject, ensure quality control of asbestos sampling, or enter into contracts for these purposes;

     (2) distribute, retrieve, and store training materials concerning inspection and sampling for asbestos;

     (3) establish guidelines, in conformity with Environmental Protection Agency asbestos regulations (40 C.F.R. Part 763), for abating asbestos health hazards, for inspecting and collecting samples of suspected asbestos, and for analyzing the samples;

     (4) evaluate analysis results and distribute the results to affected schools;

     (5) coordinate efforts by state departments and agencies and by school officials to identify and abate asbestos health hazards;

     (6) cooperate with the Department of Education and Early Development to administer state money appropriated for the asbestos health hazard abatement program;

     (7) establish classifications of asbestos health hazards according to the severity of the hazard and determine on the basis of those classifications the order in which abatement projects should proceed;

     (8) review and approve all asbestos health hazard abatement projects relating to respirator use and employee training, including training materials;

     (9) oversee an employee certification program;

     (10) establish guidelines and procedures to prevent damage to asbestos products in daily operations;

     (11) whenever the department is informed of scheduled work to abate an asbestos health hazard, inform the contractors and other concerned persons of the health hazards of asbestos;

     (12) assist the University of Alaska in its efforts to abate asbestos health hazards; and

     (13) adopt regulations necessary to implement the provisions of this chapter.




Sec. 18.31.030. Duties of the Department of Education and Early Development.
To assist in implementing the asbestos health hazard abatement program, the Department of Education and Early Development shall
     (1) cooperate with the Department of Labor and Workforce Development, school districts, and regional educational attendance areas to ensure inspection of public schools for asbestos health hazards and to ensure that identified asbestos health hazards are abated;

     (2) maintain records, files, and reports on asbestos health hazards in public schools;

     (3) administer state money appropriated to finance renovation contracts under AS 18.31.040(5);

     (4) in accordance with priorities established by the Department of Labor and Workforce Development under AS 18.31.020(7), distribute grants to school districts and regional educational attendance areas for the abatement of health hazards in public schools; and

     (5) inform the Department of Labor and Workforce Development when renovation contracts are awarded under AS 18.31.040(5), to enable the Department of Labor and Workforce Development to advise contractors and other concerned persons of the health hazards of asbestos that may be encountered in the renovation project.




Sec. 18.31.040. Duties of school officials.
To assist in implementing the asbestos health hazard abatement program, each city or borough school district and each regional educational attendance area shall
     (1) maintain records of all inspections, including sample dates, location, condition, and analysis of materials;

     (2) notify school personnel of the location of asbestos materials and ways to reduce exposure;

     (3) notify the parents of students about the results of asbestos inspections in their children’s schools;

     (4) either
          (A) contract for the inspection of its school buildings in compliance with Environmental Protection Agency asbestos regulations (40 C.F.R. Part 763) and in accordance with guidelines established by the Department of Labor and Workforce Development and under the supervision of the Department of Labor and Workforce Development; or

          (B) notify the Department of Labor and Workforce Development that the school district or regional educational attendance area has not entered and does not intend to enter into a contract for an inspection for asbestos health hazards; and

     (5) contract for renovating school buildings to abate asbestos health hazards, and supervise and monitor the renovation contracts, applying the standards in AS 18.60.075 to protect the health of persons who renovate the school buildings.




Sec. 18.31.050. Repayment of grant funds.
A school district or regional educational attendance area that receives a state grant for the abatement of asbestos health hazards in schools shall repay the grant from any money the district or the regional educational attendance area recovers from asbestos manufacturers or other parties in a claim for damages arising from the use of asbestos in a school. Repayment shall be made after deducting legal fees and other costs associated with the claim for damages.


Article 2. Certification of Asbestos Workers.


Sec. 18.31.200. Certification programs.
 (a) The Department of Labor and Workforce Development shall
     (1) establish guidelines for employee training certification programs, including respiratory and competency tests to be completed successfully, to ensure that a person who is employed to abate asbestos health hazards is trained to do the work safely and is informed about the danger of working with asbestos;

     (2) review certification programs proposed by contractors, labor organizations, public and private vocational training programs, and others for persons who will be employed to abate asbestos health hazards;

     (3) approve proposed certification programs that meet the department’s guidelines under this subsection;

     (4) assist in meeting the certification guidelines those whose certification program proposals have been found unacceptable.

 (b) Before a contractor may undertake work to abate an asbestos related health hazard, the contractor shall
     (1) propose to the Department of Labor and Workforce Development a plan for the certification of its employees as adequately trained to handle asbestos in a safe and knowledgeable way;

     (2) receive approval from the department of that plan; and

     (3) certify that each person who will work on the abatement of an asbestos health hazard is adequately trained to handle asbestos in a safe and knowledgeable way.

 (c) A person may not be employed to abate an asbestos health hazard unless the person has been certified in a program approved by the Department of Labor and Workforce Development under (a) of this section.

 (d) A contractor who violates (b) or (c) of this section is subject to a civil penalty not to exceed $1,000, as determined by the commissioner of labor and workforce development.

 (e) A contractor who violates (b) of this section is guilty of a class A misdemeanor.

 (f) A contractor who violates (c) of this section is guilty of a class B misdemeanor.

 (g) The Department of Labor and Workforce Development shall adopt by regulation a fee schedule for
     (1) review, approval, and certification of asbestos training certification programs and plans under this section; and

     (2) certification of a person employed to abate an asbestos health hazard.




Article 3. Naturally Occurring Asbestos.


Sec. 18.31.250. Use of materials containing naturally occurring asbestos.
 (a) A principal construction contractor or, in the absence of an identified principal construction contractor, person having legal authority for the design and construction of a project may qualify for immunity in a civil action under AS 09.65.245(a)(2) for the use of gravel or other aggregate material that, when tested using a bulk test 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 of naturally occurring asbestos by mass.

 (b) To qualify for the immunity provided under AS 09.65.245(a)(2), before initiating a construction project not subject to AS 44.42.410(b) that is within an area designated by the Department of Transportation and Public Facilities under AS 44.42.400(b) or (c) and that will use gravel or other aggregate material that contains naturally occurring asbestos, 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 shall prepare and submit to the Department of Transportation and Public Facilities specific project plans demonstrating compliance with the standards adopted by the department under AS 44.42.420 and the requirements of the site-specific use plan under AS 44.42.410. Before extraction of gravel or other aggregate material may begin, the plan must be approved and returned to the contractor by the department.

 (c) To preserve the immunity provided under AS 09.65.245(a)(2), 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 shall adhere to the site-specific use plan approved by the department and the monitoring and mitigation plan created by the department.




Sec. 18.31.260. Presence of naturally occurring asbestos.
The state shall consider 0.25 percent by mass, the minimum detectable amount of asbestos under the California Air Resources Board Method 435, as the baseline for the presence of naturally occurring asbestos in gravel or other aggregate material.


Article 4. General Provisions.


Sec. 18.31.500. Definitions.
In this chapter,
     (1) “asbestos” means chrysotile, amosite, crocidolite, fibrous tremolite, fibrous anthophyllite, and fibrous actinolite;

     (2) “asbestos health hazard” means the presence of material containing asbestos that carries a risk of releasing asbestos fibers into the atmosphere.




Article 1. Tourist and Trailer Camps, Motor Courts, and Motels.


Chapter 35. Public Accommodations and Facilities.

Sec. 18.35.010. Purpose.
The purpose of AS 18.35.010 — 18.35.090 is to establish and maintain minimum standards of health and sanitation in tourist camps, trailer camps, motor courts, and motels necessary and desirable for the protection of the public health and welfare.


Sec. 18.35.020. Administration of laws and regulations.
The department has jurisdiction over the health and sanitary conditions of tourist accommodations under AS 18.35.010 — 18.35.090.


Sec. 18.35.030. Regulations.
 (a) The department may adopt and enforce regulations that relate to health and sanitation in the construction, operation, and maintenance of the accommodations including but not limited to minimum standards for water supply, sewage and refuse disposal, laundry, bathing and toilet facilities, communicable disease control, general cleanliness and safety, that are necessary or desirable for the protection of public health.

 (b) The provisions of AS 18.35.010 — 18.35.090 do not prohibit the health authorities of a municipality from instituting local programs for health and sanitary control of tourist accommodations, including the enactment of ordinances for issuance and revocation of permits and additional regulations. However, the ordinance or regulation may not detract from the provisions of AS 18.35.010 — 18.35.090 or the regulations under these sections.




Secs. 18.35.040 , 18.35.050. Permits; penalty for noncompliance with permit requirement. [Repealed, § 2 ch 107 SLA 2006.]
Sec. 18.35.060. Unlawful disposal of wastes.
A person may not dispose of human excreta, garbage, or refuse on or near a public way or thoroughfare or on or near a tourist accommodation except in the use of appropriate facilities.


Sec. 18.35.070. Posting laws and regulations. [Repealed, § 2 ch 107 SLA 2006.]
Sec. 18.35.080. Penalty for noncompliance.
A person who fails to comply with AS 18.35.010 — 18.35.090 or the regulations adopted under those sections, upon conviction, is punishable by a fine of not more than $100, or by imprisonment in a jail for not more than 30 days, or both.


Sec. 18.35.090. Definitions.
In AS 18.35.010 — 18.35.090,
     (1) “department” means the Department of Environmental Conservation;

     (2) “tourist accommodations” means a place maintained or held out to the public for purposes of abode, whether occupied by transient or permanent guests, whether equipped with tents, tent houses, cottages, automobile trailers, coaches, motor courts, or motels, and regardless of whether benefit accrues to the owner or operator.




Article 2. Public Restrooms.


Sec. 18.35.100. Toilet facilities required in restaurants and taverns.
 (a) [Repealed, § 45 ch 59 SLA 1982.]
 (b) An owner of a restaurant or tavern shall provide and maintain sanitary toilet accommodations for public use.




Sec. 18.35.110. Penalty for violations of AS 18.35.100.
 (a) A person who fails to comply with AS 18.35.100 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500. Each operating restaurant or tavern in violation constitutes a separate offense.

 (b) In addition to the penalty provided in (a) of this section, the court shall require the person to comply with AS 18.35.100 within a reasonable period of time.




Sec. 18.35.120. Enforcement of AS 18.35.100.
The department shall adopt regulations to implement and enforce AS 18.35.100 by appropriate means. The regulations must set standards of sanitation and must provide for, but need not be limited to, periodic inspections. However, the regulations may not require a restaurant or tavern to have more than one toilet accommodation.


Sec. 18.35.200. Free toilet facilities required for public facilities and special events.
An owner of public facilities or sponsor of special events open to the general public shall, where practical, provide and maintain at the facilities or events sanitary toilet accommodations for public use whether the facilities or events are permanent or temporary. A charge may not be required for use of a toilet facility in any public place.


Sec. 18.35.210. Penalty for violation of AS 18.35.200.
A person who fails to comply with AS 18.35.200 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500. Each day of operation is a separate offense.


Sec. 18.35.220. Enforcement of AS 18.35.200.
The department shall adopt regulations to implement and enforce AS 18.35.200 by appropriate means, including but not limited to periodic inspections.


Sec. 18.35.230. Definitions.
In AS 18.35.100 — 18.35.230,
     (1) “department” means the Department of Environmental Conservation;

     (2) “public facilities” means recreation camps, picnic areas, theaters, places of entertainment, churches, fair buildings, and places with permanent facilities for public use;

     (3) “restaurant” means a place maintained or held out to the public for purposes of sale and on-premise consumption of food or beverages;

     (4) “special events” means events involving public gathering and includes athletic and sporting events where the public congregates, including but not be limited to dog sled racing, horse racing, snowmobile races, skiing events, salmon derbies, and other activities;

     (5) “tavern” means a place maintained or held out to the public for purposes of sale and on-premise consumption of alcoholic beverages;

     (6) “toilet accommodations” means a facility available to the public consisting of an approved flush-type commode, urinal, privy, self-contained privy, or any other device approved by the department for containment and disposal of human wastes, and shall include lavatory facilities where practical.




Article 3. Regulation of Smoking in Public Facilities.


Sec. 18.35.300. Places where smoking is regulated.
Smoking in any form is a nuisance and a public health hazard and is prohibited in the following vehicles and indoor places, except as allowed under AS 18.35.310:
     (1) a vehicle of public transportation and a waiting, baggage, or boarding area for a vehicle of public transportation, including a bus, ferry vessel, train, limousine for hire, taxicab, or scheduled interstate or intrastate aircraft flight when consistent with federal law;

     (2) a place of employment, a building or other structure, or a portion of them, owned, leased, or operated by the state or a political subdivision of the state, including an office, library, museum, theater, concert hall, convention hall, gymnasium, swimming pool, or other place of entertainment or recreation;

     (3) a public or private postsecondary educational institution or adult day care facility;

     (4) a courtroom or jury deliberation room;

     (5) a room, chamber, or other place under the control of the state senate or state house of representatives while a public meeting or public assembly is not in progress;

     (6) a nursing home, rest home, or other residential health care institution or facility, or a public or private office or facility that is engaged primarily in providing mental health services;

     (7) a food service establishment that has a seating capacity of at least 50 persons;

     (8) a grocery store or other store maintained primarily for the retail sale of food products;

     (9) a place of employment in which the owner, manager, proprietor, or other person who has control of the premises posts a sign stating that smoking is prohibited by law;

     (10) a correctional facility; and

     (11) the Alaska Pioneers’ Home or the Alaska Veterans’ Home.




Sec. 18.35.305. Places where smoking is prohibited.
Smoking in any form is prohibited in the following indoor places:
     (1) a public or private elementary or secondary school, preschool, or children’s day care facility; if the school, preschool, or day care facility is in a building that is also a private residence, this paragraph applies only during the hours when the residence is being used as an elementary or secondary school, preschool, or children’s day care facility and to the rooms used as an elementary or secondary school, preschool, or children’s day care facility; if the school, preschool, or day care facility is in a building that includes more than one private residence or units that are not private residences, this paragraph applies only to the private residence in which the elementary or secondary school, preschool, or children’s day care facility is located; the prohibition in this paragraph does not apply to a designated smoking area that is properly ventilated or equipped with an exhaust fan in a public or private elementary or secondary school if the area is located in a room where minors are not permitted and a smoking area must be designated in the school to comply with a collective bargaining agreement covering employees who work in the school;

     (2) a room, chamber, or other place under the control of the state or a political subdivision of the state while a public meeting or public assembly is in progress;

     (3) an office where dental care, health care, or the healing arts are practiced, a public or private laboratory associated with dental care, health care, or the healing arts if the laboratory is located within the same premises as an office where dental care, health care, or the healing arts are practiced, and a public or private hospital, or other nonresidential health care institution or facility; this paragraph does not apply to a public or private office or facility that is engaged primarily in providing mental health services;

     (4) an elevator.




Sec. 18.35.310. Exemptions.
 (a) The prohibition set out in AS 18.35.300 does not apply to
     (1) a portion of a place or vehicle that is designated as a smoking section under AS 18.35.320;

     (2) a limousine for hire or taxicab, if the driver consents and the driver ascertains that all passengers consent to smoking in the vehicle.

 (b) The prohibitions set out in AS 18.35.300 — 18.35.305 do not apply to smoking by performers on the stage as part of a theatrical entertainment production.




Sec. 18.35.320. Designation of smoking sections.
 (a) A person in charge of an indoor place or vehicle of public transportation described in AS 18.35.300 may designate portions of the place or vehicle as smoking sections. For purposes of this section, “vehicle of public transportation” does not include a taxicab or limousine for hire, and “indoor place” does not include an elevator.

 (b) The person who chairs the Rules Committee in a house of the legislature is responsible for the designation of smoking sections under this section in the legislative offices, committee rooms, and other places under the control of that house. The authority to designate a smoking section may not be used to impede the work of a conference committee.

 (c) A person who designates a smoking section under this section shall make reasonable accommodations to protect the health of the nonsmokers who use the place or vehicle by separation, partition, or ventilation that ensures that nonsmokers in the place or vehicle are not subject to the active by-products of smoke from smokers in the place or vehicle.

 (d) Notwithstanding any other provision in this chapter, a smoking section may not be designated under this section for students on the grounds of or in an elementary or secondary school, indoors or outdoors.




Sec. 18.35.330. Display of smoking and no smoking signs.
 (a) A person in charge of a place or vehicle described in AS 18.35.300 or 18.35.305, except a limousine for hire or taxicab, shall conspicuously display in the place or vehicle a sign that reads “Smoking Prohibited by Law — Maximum Fine $50” and that includes the international symbol for no smoking.

 (b) In a place or vehicle in which a smoking section has been designated under AS 18.35.320, the person in charge of the place or vehicle shall conspicuously display signs that specify the portions of the place or vehicle in which smoking is allowed by law and in which smoking is prohibited by law.

 (c) A sign required by this section must be at least 18 inches wide and six inches high, with lettering at least 1.25 inches high.

 (d) The department shall furnish signs required under this section to a person who requests them with the intention of displaying them.




Sec. 18.35.340. Civil complaints; penalties.
 (a) The commissioner shall develop and maintain a procedure for processing reports of violations of AS 18.35.300, 18.35.305, and 18.35.330.

 (b) If, after investigating a report made under this section, the commissioner determines that a violation has occurred, (1) the commissioner may file a civil complaint in the district court to enforce the provisions of AS 18.35.300 — 18.35.365; or (2) an employee of the department designated by the commissioner to enforce the provisions of AS 18.35.300 — 18.35.365 may issue a citation under AS 18.35.341(b). If an employee of the department issues a citation, the violation shall be processed and disposed of under AS 18.35.341.

 (c) A person who violates AS 18.35.300 or 18.35.305 and against whom the commissioner has filed a civil complaint under this section is punishable by a civil fine of not less than $10 nor more than $50. A person who violates AS 18.35.330 and against whom the commissioner has filed a civil complaint under this section is punishable by a civil fine of not less than $20 nor more than $300. Each day a violation of AS 18.35.330 continues after a civil complaint for the violation has been filed and served on the defendant constitutes a separate violation.

 (d) The department may provide for the payment of civil fines under this section by mail.




Sec. 18.35.341. Citations; penalty.
 (a) A peace officer may issue a citation for a violation of AS 18.35.300 or 18.35.305 committed in the officer’s presence or for a violation of AS 18.35.330. The provisions of AS 12.25.175 — 12.25.230 apply to the issuance of a citation under this subsection.

 (b) An employee of the department designated by the commissioner to enforce the provisions of AS 18.35.300 — 18.35.365 may issue a citation for a violation of AS 18.35.300, 18.35.305, or 18.35.330 regardless of whether the violation was committed in the employee’s presence. A citation issued under this subsection shall be in the same form and shall be processed in the same manner as a citation issued by a peace officer under (a) of this section. An employee of the department may not arrest a person for a violation of AS 18.35.300, 18.35.305, or 18.35.330.

 (c) A person who violates AS 18.35.300, 18.35.305, or 18.35.330 is guilty of a violation as defined in AS 11.81.900(b) and upon conviction is punishable by a fine of not less than $10 nor more than $50 for a violation of AS 18.35.300 or 18.35.305 and by a fine of not less than $20 nor more than $300 for a violation of AS 18.35.330. Each day a violation of AS 18.35.330 continues after a citation for the violation has been issued constitutes a separate violation.

 (d) The supreme court shall establish a schedule of bail amounts for violations of AS 18.35.300, 18.35.305, and 18.35.330, but in no event may the bail amount exceed the maximum fine that may be imposed for the violation under (c) of this section. The bail amount for a violation must appear on the citation.

 (e) If a person cited for a violation under this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed
     (1) the amount of bail indicated on the citation for that violation; and

     (2) a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited.

 (f) When bail has been forfeited under (e) of this section, a judgment of conviction shall be entered. Forfeiture of bail is a complete satisfaction for the violation. The clerk of the court accepting the bail shall provide the violator with a receipt stating that fact if requested.

 (g) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (d) of this section or fails to appear in court as required.




Sec. 18.35.342. Multiple fines prohibited.
A person may not be fined more than once for each violation of AS 18.35.300, 18.35.305, or 18.35.330.


Sec. 18.35.343. Injunctions.
The commissioner or any affected party may institute an action in the superior court to enjoin repeated violations of AS 18.35.300, 18.35.305, or 18.35.330.


Sec. 18.35.350. Enforcement authority.
The commissioner or the commissioner’s designee is responsible for enforcing the provisions of AS 18.35.300 — 18.35.365. This section does not limit the authority of peace officers.


Sec. 18.35.355. Public education.
The commissioner shall take appropriate measures to inform the public of the provisions of AS 18.35.300 — 18.35.365.


Sec. 18.35.360. Regulations. [Repealed, § 10 ch 34 SLA 1984.]
Sec. 18.35.365. Definitions.
In AS 18.35.300 — 18.35.365,
     (1) “commissioner” means commissioner of environmental conservation;

     (2) “department” means the Department of Environmental Conservation.




Chapter 40. Shelter Cabins and Comfort Stations.

Sec. 18.40.010. Shelter cabins and comfort stations on airports.
The Department of Transportation and Public Facilities may erect and maintain shelter cabins and comfort stations for the accommodation of travelers on the airports throughout the state where the facilities are required and necessary out of funds appropriated for the construction and maintenance of roads and aviation fields. Each shelter cabin or comfort station shall contain a suitable stove and other facilities considered necessary by the Department of Transportation and Public Facilities.


Sec. 18.40.020. Shelter cabins on roads and trails.
The Department of Transportation and Public Facilities may erect and maintain cabins for the accommodation of travelers and shelter for dog teams and horses at the places along traveled roads and trails considered necessary by the Department of Transportation and Public Facilities for the safety of the traveling public. Each cabin shall contain a suitable stove. The Department of Transportation and Public Facilities shall place in conspicuous places on roads and trails leading to or from the cabins sign boards advising travelers of the direction and distance to the cabin.


Sec. 18.40.030. Inspection of cabins.
The Department of Transportation and Public Facilities shall inspect or cause to be inspected all the cabins erected under this chapter at least once a year.


Sec. 18.40.040. Cabins and furnishings property of state.
The cabins, comfort stations, stoves, and other furnishings provided for in this chapter are the property of the state.


Sec. 18.40.050. Prohibited acts and penalties.
A person who wilfully removes, destroys, or defaces a cabin or part of a cabin, or stove or other furnishing, or who occupies a cabin for a length of time other than that necessary and incident to ordinary travel is guilty of violation of this chapter, and upon conviction is punishable by a fine of not less than $100 nor more than $500, or by imprisonment in a jail for not less than three months nor more than one year, or by both.


Sec. 18.40.060. Exception.
Nothing in this chapter prevents the Department of Transportation and Public Facilities from authorizing responsible persons in writing to occupy permanently in the capacity of caretakers or roadhouse keepers shelters with adequate accommodations in order to improve the accommodations for the traveling public.


Sec. 18.40.070. Damages for destruction of or injury to shelter cabins.
A person who violates AS 18.40.050 is liable in damages for injury sustained by another as a result of the wilful destruction of or injury to a shelter cabin or its contents.


Chapter 45. Atomic Energy.

Sec. 18.45.010. Declaration of intent. [Repealed, § 12 ch 172 SLA 1978.]
Sec. 18.45.020. United States licenses or permits required.
A person may not manufacture, construct, produce, transfer, acquire, or possess a special nuclear material, by-product material, special nuclear material facility, by-product material facility, production facility, or utilization facility, or act as an operator of a production facility or utilization facility, wholly within the state without first obtaining a license or permit for the activity in which the person proposes to engage from the Nuclear Regulatory Commission if the commission requires a license or permit to be obtained by persons proposing to engage in the activities.


Sec. 18.45.025. Facilities siting permit required.
 (a) A person may not construct a nuclear fuel production facility, nuclear utilization facility, utilization facility, reprocessing facility, or nuclear waste disposal facility in the state without first obtaining a permit from the Department of Environmental Conservation to construct the facility on land designated by the legislature under (b) of this section.

 (b) The legislature shall designate by law the land in the state on which a nuclear fuel production facility, nuclear utilization facility, utilization facility, nuclear reprocessing facility, or nuclear waste disposal facility may be located. In designating the land in the state on which
     (1) a nuclear utilization facility or utilization facility may be located, the legislature shall act in the interest of regulating the economics of nuclear energy;

     (2) a nuclear fuel production facility, nuclear reprocessing facility, or nuclear waste disposal facility may be located, the legislature shall act to protect the public health and safety.

 (c) The Department of Environmental Conservation shall adopt regulations governing the issuance of permits required by (a) of this section. However, a permit may not be issued until the municipality with jurisdiction over the proposed facility site has approved the permit.




Sec. 18.45.027. Transportation of nuclear waste material.
 (a) The transportation of high level nuclear waste material, except for purposes of disposal outside the state, is prohibited.

 (b) For purposes of this section, “high level nuclear waste material”
     (1) means
          (A) used nuclear reactor fuel;

          (B) waste produced during the reprocessing of used nuclear reactor fuel; and

          (C) elements having an atomic number greater than 92 and containing 10 or more nanocuries per gram;

     (2) does not include radioactive materials used in medicine, education, or scientific research that are stored or disposed of in conformity with procedures established by the Department of Environmental Conservation by regulation adopted under AS 46.03.250(3).




Sec. 18.45.030. Conduct of studies concerning changes in laws and regulations with a view to atomic industrial development.
Each of the following departments and agencies of the state are directed to initiate and to pursue continuing studies as to the need for changes in the laws and regulations administered by it that would arise from the presence within the state of special nuclear, by-product, and radioactive materials, from the operation of production or utilization facilities, and from the generation of radiation, and, on the basis of these studies, to make the recommendations for the enactment of laws or amendments to law administered by it, and the proposals for amendments to the regulations issued by it that it considers necessary:
     (1) the Department of Health and Social Services particularly as to hazards to the public health and safety;

     (2) the Department of Labor and Workforce Development particularly as to hazardous working conditions;

     (3) the Department of Labor and Workforce Development particularly as to the time and character of proof of claims of injuries and the extent of the compensation allowable;

     (4) the Department of Transportation and Public Facilities particularly as to the transportation of special nuclear, by-product, and radioactive materials on highways of the state;

     (5) the Department of Transportation and Public Facilities particularly as to the transportation of special nuclear, by-product, and radioactive materials by common carriers not in interstate commerce and as to the participation by public utilities subject to its jurisdiction in projects for the development of production or utilization facilities for industrial or commercial use;

     (6) the Department of Commerce, Community, and Economic Development particularly as to the insurance of persons and property from hazards to life and property resulting from atomic development;

     (7) the Department of Fish and Game particularly as to the hazards to the natural resources of the state, including wildlife, and as to the protection of rivers, streams, and airspace from pollution;

     (8) the Department of Natural Resources particularly as to the hazards involved in the mining of radioactive minerals;

     (9) departments and agencies the governor directs and for the purposes specified by the governor, and other departments and agencies provided by law.




Secs. 18.45.040 — 18.45.050. Coordination of studies and atomic development activities. [Repealed, § 12 ch 172 SLA 1978.]
Sec. 18.45.060. Injunction proceedings.
When, in the opinion of the governor, a person is violating or is about to violate AS 18.45.020 or 18.45.025, the governor shall direct the attorney general to apply to the appropriate court for an order enjoining the person from engaging or continuing to engage in the activity and upon a showing that the person has engaged, or is about to engage in the activity, the court may grant a permanent or temporary injunction, restraining order, or other order.


Sec. 18.45.070. Cooperation.
The heads of the appropriate agencies may cooperate with the federal government in the administration of this chapter or any matter pertaining to it.


Sec. 18.45.080. [Renumbered as AS 18.45.900.]
Sec. 18.45.090. Exemption.
The provisions of this chapter do not apply to permit an agency or officer of the state to regulate the exploration for or the extraction and milling of uranium ore.


Sec. 18.45.900. Definitions.
In this chapter,
     (1) “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation;

     (2) “by-product material” means radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;

     (3) “nuclear fuel production facility” means a facility that purifies radioactive mineral concentrates and fabricates fissionable material to be used for producing energy in a nuclear reactor;

     (4) “nuclear utilization facility” means an apparatus, device, or equipment in which nuclear fission is sustained in a self-supporting and controlled chain reaction; the term does not include an apparatus, device, or equipment used exclusively for educational, medical, or research purposes;

     (5) “production facility” means equipment or a device capable of the production of special nuclear material in quantity of significance to the common defense and security, or to affect the health and safety of the public; or any important component part especially designed for the equipment or device;

     (6) “radiation” means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultra-violet light;

     (7) “special nuclear material” means plutonium, uranium 233, and uranium enriched in the isotope 233 or in the isotope 235, and any other material that the governor declares by order to be special nuclear material after the Nuclear Regulatory Commission has determined the material to be special nuclear material; or material artificially enriched by any of the foregoing material;

     (8) “utilization facility” means equipment or a device, except an atomic weapon, capable of making use of special nuclear material in a quantity significant to the common defense and security, or in a manner affecting the health and safety of the public, or peculiarly adapted for making use of atomic energy in a quantity significant to the common defense and security, or in a manner affecting the health and safety of the public; or an important component part especially designed for the equipment or device.




Article 1. Bureau of Vital Statistics and Registrar.


Chapter 50. Vital Statistics Act.

Sec. 18.50.010. Bureau of Vital Statistics.
There is established within the department a section to be called the Bureau of Vital Statistics which shall install, maintain, and operate the state system of vital statistics.


Sec. 18.50.020. Department to adopt regulations.
The department may, in compliance with AS 44.62 (Administrative Procedure Act), adopt, amend, and repeal regulations for the purpose of carrying out this chapter.


Sec. 18.50.030. Appointment of state registrar of vital statistics.
The commissioner shall select the state registrar of vital statistics in accordance with state personnel laws and regulations. The registrar shall carry out the provisions of this chapter.


Sec. 18.50.040. Duties of state registrar.
The state registrar shall
     (1) administer and enforce this chapter and the regulations adopted under it, and issue instructions for the efficient administration of the statewide system of vital statistics;

     (2) direct and supervise the statewide system of vital statistics and the bureau, and keep its records;

     (3) direct, supervise, and control the activities of local registrars related to the operation of the vital statistics system;

     (4) prescribe and furnish the forms required by this chapter and the regulations issued under it;

     (5) prepare and publish reports of vital statistics and other required statistical reports.




Sec. 18.50.050. Delegation of duties.
The state registrar may delegate the functions and duties vested in the state registrar to employees of the bureau and to local registrars as the state registrar considers necessary or expedient.


Sec. 18.50.060. Seal.
The state registrar shall have a seal, which shall bear within the perimeter of the seal the words “Seal of the State Registrar of Vital Statistics of Alaska,” and within the circle, at the top of the seal, a star representing the north star, beneath it the Dipper of seven stars, and beneath this a quill. The seal shall be used in the certification of copies of records under custody of the state registrar, and to authenticate other copies, documents, records, and reports the state registrar considers necessary.


Sec. 18.50.070. Registration districts.
The state registrar shall establish registration districts throughout the state. The state registrar may consolidate or subdivide a district to facilitate registration. Registration districts shall take into account the boundary lines of local governmental units, house districts, judicial districts, and other local boundary lines in general use, where feasible.


Article 2. Local Registrars.


Sec. 18.50.080. Appointment of local registrars.
 (a) Where feasible, the state registrar shall use the services of a local recording official located within a registration district as local registrar of vital statistics.

 (b) Where utilization under (a) of this section is not feasible, the state registrar shall appoint a local registrar and may appoint one or more deputy local registrars of vital statistics for each registration district, to be compensated on a fee basis as specified in AS 18.50.120.

 (c) The state registrar may remove a local registrar or a deputy local registrar appointed under (b) of this section.




Sec. 18.50.090. Duties of local registrars.
Within the local registration district, the local registrar shall
     (1) administer and enforce this chapter, and the instructions issued and regulations adopted under it;

     (2) require that certificates be completed and filed in accordance with this chapter, and the instructions issued and regulations adopted under it;

     (3) transmit monthly, or more frequently when directed to do so by the state registrar, the certificates, reports, or other returns filed with the local registrar, to the local recording official or to the bureau in accordance with the regulations adopted and instructions issued under this chapter;

     (4) maintain the records, make reports, and perform the other duties required by the state registrar.




Sec. 18.50.100. Keeping of permanent records.
The state registrar may, where feasible, require permanent local records to be kept in the form of copies of the original vital statistics records. The state registrar shall designate in each case how this is to be done by the local recording official, in connection with other local registrars of vital statistics in the recording area. The state registrar shall issue instructions concerning the keeping of these records, their disclosure, corrections, issuance of copies, and fees to be charged. In matters pertaining to the system of vital statistics, the local recording officials and local registrars shall be directly supervised in this work by the state registrar.


Sec. 18.50.110. Duties of deputy local registrar.
In accordance with regulations adopted under this chapter, the deputy local registrar shall perform the duties of the local registrar in the absence or incapacity of the local registrar and shall perform other duties required by the state registrar.


Sec. 18.50.120. Compensation of local registrars.
When a local recording official receiving a salary or other regular compensation for general recording duties serves as local registrar of vital statistics, the local registrar is not entitled to fees under this section. Otherwise, local registrars of vital statistics shall be paid, from funds appropriated for this purpose, as follows:
     (1) for a certificate of birth, death, fetal death, or marriage occurring in the registration district, properly completed and transmitted by the local registrar in accordance with the regulations adopted and instructions issued under this chapter, $2;

     (2) for each monthly report indicating the number of the various vital events that occurred in the registration district, properly made in accordance with the regulations adopted and instructions issued under this chapter, $1.




Sec. 18.50.130. Subregistrars.
 (a) In registration districts containing scattered villages, the local registrar may, with the approval of the state registrar, designate one person in each village as subregistrar for a designated area.

 (b) The subregistrar is responsible for preparing, signing, and filing with the local registrar, in accordance with instructions of the bureau, a certificate for each birth, death, and fetal death occurring in the area designated and not attended by a physician or nurse.

 (c) For each certificate filed in accordance with instructions of the bureau the subregistrar is entitled to a fee of $1.




Sec. 18.50.140. Payment of fees to local registrars and others.
The state registrar shall certify monthly, or at least quarterly, the number and type of records filed by, and the amount due to each local registrar and deputy registrar, and the amount due to each subregistrar. Upon certification, the amounts due shall be paid from the proper state appropriations by the Department of Administration.


Article 3. Registration Requirements, Procedures, and Certificates.


Sec. 18.50.150. Form of certificate.
The form of certificates, reports, and other returns required by this chapter, or by regulations adopted under it, must include as a minimum the items recommended by the federal agency responsible for national vital statistics subject to approval of any modification by the state registrar. The bureau shall prescribe and furnish forms.


Sec. 18.50.160. Birth registration.
 (a) A certificate of birth for each live birth that occurs in the state shall be filed with the bureau, as provided in this section, within five days after the birth. When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where the child is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance in international waters, international air space, a foreign country, or a foreign country’s air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth if the place can be determined.

 (b) When a birth occurs in or en route to an institution, the person in charge of the institution or a designated representative of the person in charge of the institution shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place and time and on the date stated either by signature on the certificate or another certification process, including an electronic process, approved by the bureau, and file the certificate as directed in (a) of this section. The physician or other person in attendance shall provide the medical information required by the certificate within 72 hours after the birth.

 (c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
     (1) the physician in attendance at or immediately after the birth; or, in the absence of a physician,

     (2) a person other than a parent in attendance at or immediately after the birth; or

     (3) a parent; or, if a parent is unable,

     (4) the person in charge of the premises where the birth occurs.

 (d) If the mother was married at conception, during the pregnancy, or at birth, the name of the husband shall be entered on the certificate as the father of the child unless
     (1) paternity has been lawfully determined otherwise by a tribunal, in which case the name of the father, if determined by a tribunal, shall be entered; or

     (2) both the mother and the mother’s husband execute affidavits attesting that the husband is not the father and that another man is the father, and the mother and the other man execute affidavits attesting that the other man is the father, so long as the affidavits meet the requirements of (g) of this section.

 (e) If the mother was not married at conception, during the pregnancy, or at birth, the name of the father may not be entered on the certificate of birth unless
     (1) paternity has been lawfully determined by a tribunal, in which case the name of the father, if determined by the tribunal, shall be entered;

     (2) both the mother and the man to be named as the father have executed affidavits attesting that that man is the father, so long as the affidavits meet the requirements of (g) of this section and AS 18.50.165; or

     (3) otherwise specified by statute.

 (f) In the case of a child born out of wedlock, the certificate of birth shall be filed in accordance with (a), (b), and (c) of this section unless the state registrar directs another procedure.

 (g) An affidavit under (d) or (e) of this section must meet the following requirements:
     (1) the affidavit must be executed by all required individuals; an affidavit may be executed jointly, individually, or in combination of jointly and individually; and

     (2) if an affidavit is executed by more than one individual, the signature of each individual must be individually notarized.

 (h) In this section, unless the context requires otherwise, “tribunal” means a court, administrative agency, or quasi-judicial entity authorized by law to determine parentage.




Sec. 18.50.162. Notification about hearing screening.
When the bureau receives a certificate of live birth under AS 18.50.160 for a newborn who was delivered outside of a hospital, the bureau shall forward the names and addresses of the parents to the department employees who administer the screening program set out in AS 47.20.310 — 47.20.390. Those department employees shall notify the child’s parents of the merits of having the child screened for hearing ability.


Sec. 18.50.165. Acknowledgement of paternity; forms.
 (a) The state registrar shall prepare a form for use in acknowledging paternity under AS 25.20.055. The form must comply with the minimum requirements of 42 U.S.C. 652(a)(7). The form must include
     (1) a statement that the man who signs the form is acknowledging that the man is the natural father of the child named in the form and that the man assumes the parental duty of support of that child;

     (2) the address and social security number of both parents of the child named in the form;

     (3) signature lines for both parents;

     (4) a signature line for either a witness or notary public; and

     (5) a statement that
          (A) sets out the legal consequences to and the rights and responsibilities of the mother and the man acknowledging paternity of signing the form, including
               (i) if one of the parents is a minor, any rights given due to minority status;

               (ii) legal alternatives to signing the form; and

               (iii) the legal responsibility that arises from signing the form;

          (B) the mother and the man acknowledging paternity have been notified that, unless fraud, duress, or material mistake of fact is shown in accordance with AS 25.20.050, the acknowledgment may only be rescinded by the earlier of the following dates:
               (i) 60 days after the date of the person’s signature; or

               (ii) the date of initiation of an administrative or judicial procedure to establish support of the child in which the person is a party; and

          (C) the mother and the man acknowledging paternity have read and understand the contents of the form.

 (b) The registrar shall distribute copies of the form prepared under (a) of this section to each hospital in the state, to each physician in the state whose practice includes attendance at births, to each certified nurse midwife and certified direct-entry midwife in the state, and to each other interested person in the state who requests copies of the form.

 (c) [Repealed, § 148 ch 87 SLA 1997.]
 (d) The state registrar shall keep on file all forms acknowledging paternity that are submitted to the registrar under AS 25.20.055.

 (e) An acknowledgment of paternity that met the requirements of state law at the time that the acknowledgment was made in this state is not ineffective due to changes in the form for acknowledgment occurring after the date that the acknowledgment was made.

 (f) An acknowledgment of paternity affidavit or form executed in another state meeting that state’s legal requirements shall be considered in this state as if the affidavit or form was executed in compliance with this section.

 (g) The registrar shall offer voluntary acknowledgment of paternity services by making available technical assistance about the form described in this section. Upon request, the registrar shall provide oral assistance to parents wishing to complete the form.




Sec. 18.50.170. Foundling registration.
 (a) The person who assumes the custody of a living infant of unknown parentage shall within seven days report the information prescribed by the state registrar on a form and in the manner prescribed by the state registrar to the local registrar of the registration district in which the child was found.

 (b) The place where the child was found shall be entered as the place of birth and the date of birth shall be determined by approximation.

 (c) A report registered under this section constitutes the certificate of birth for the infant.

 (d) If the child is identified and a certificate of birth is found or obtained, a report registered under this section shall be sealed and filed in accordance with instructions of the state registrar, and may be opened only by order of a superior court or as provided by regulation.




Sec. 18.50.180. Delayed registration of birth.
 (a) When the birth of a person born in the state has not been registered, a certificate may be filed in accordance with regulations adopted under this chapter. The certificate shall be registered subject to the evidentiary requirements the department prescribes by regulation to substantiate the alleged facts of birth.

 (b) When the birth occurred more than seven days but less than one year before the application for registration, the birth may be filed with the proper local registrar in accordance with regulations adopted under this chapter.

 (c) When the birth occurred one year or more before the application for registration, the birth shall be filed on a form prescribed by the bureau, and shall be submitted to the bureau for registration. The state registrar may accept the certificate for registration when the evidence required by regulation is submitted to substantiate the facts of birth. A certificate registered under this subsection shall be marked “delayed.”

 (d) When the birth occurred 12 years or more before the application for registration, the certificate of birth shall be prepared on a form entitled “delayed certificate of birth.” The information provided on this form shall be subscribed and sworn to by the person whose birth is to be registered before an official authorized to administer oaths. When a person is not competent to swear to this information it shall be subscribed and sworn to by a parent, legal guardian, or the person’s representative. The form must provide for the name and sex of the person whose birth is to be registered; the place and date of birth; and other information required by the bureau. When the certificate is submitted, the state registrar shall add a description and an abstract of each document submitted in support of the delayed registration. The original delayed certificate of birth shall be filed with the bureau.

 (e) The state registrar shall accept the registration if the applicant was born in the state and if the applicant’s sworn statements are established to the satisfaction of the state registrar by the necessary evidence established by regulation. The items necessary to be substantiated, the type of documents acceptable as evidence, the number of necessary documents, and the form and content of the description and abstract of each document to be added to the certificate shall be prescribed by regulation. In general they shall follow the national standards recommended by the agencies responsible for national vital statistics and for the use of records in the interest of national security. The state registrar may make exceptions when necessary by reducing the number of documents required for delayed filings by Indians, Eskimos and Aleuts, natives of the state, if the state registrar is otherwise satisfied with the validity of the application.

 (f) When the applicant does not submit documentation required in support of the applicant’s statements or when the state registrar finds reason to question the validity or adequacy of the certificate or the supporting evidence, the state registrar may not accept the delayed certificate of birth and shall advise the applicant of the reasons for this action, and of the applicant’s right of appeal to the superior court. The bureau may provide for the dismissal of an application that is not actively prosecuted.




Sec. 18.50.190. Delayed registration of death or marriage.
When a death or marriage occurring in the state has not been registered, a certificate may be filed in accordance with regulations adopted under this chapter. The certificate shall be registered subject to evidentiary requirements prescribed by the department by regulation to substantiate the alleged facts of death or marriage. Certificates of death and marriage registered one year or more after the date of occurrence shall be marked “delayed.”


Sec. 18.50.200. Judicial procedure to establish facts of birth.
 (a) If a delayed certificate of birth is not accepted under AS 18.50.180, a petition may be filed with the superior court for an order establishing a record of the date and place of birth of the person.

 (b) The petition shall be made on a form prescribed and furnished by the bureau, and must contain the following statements, sworn to by the petitioner:
     (1) that the person for whom a delayed certificate of birth is sought was born in the state;

     (2) that no record of birth of the person can be found in the bureau or in the files of the local custodian of birth records;

     (3) that diligent efforts by the petitioner have failed to obtain the necessary evidence to file a delayed certificate with the bureau;

     (4) that the state registrar has refused to register a delayed certificate of birth;

     (5) other statements and information as may be required.

 (c) The petition shall be accompanied by a statement of the state registrar made in accordance with AS 18.50.180(f) and all documentary evidence that was submitted to the bureau in support of the registration.

 (d) The court shall fix a time and place for hearing the petition, and the state registrar shall be given 15 days’ notice of the hearing. The state registrar or an authorized representative may appear and testify in the proceeding.

 (e) If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in the state, it shall make findings as to the place and date of birth, and other findings the petition requires and shall issue an order on a form prescribed and furnished by the bureau to establish a record of birth. This order must include the birth data to be registered, a description of the evidence presented in the manner prescribed under AS 18.50.180, and the date of the court’s action, and shall be marked as a court order.

 (f) The clerk of the superior court shall forward each order to the bureau before the 11th day of the calendar month following the month in which it was entered. The bureau shall register the order and the order constitutes the record of birth. Copies of the record of birth may be issued in accordance with the provisions of this chapter.




Sec. 18.50.210. Court reports of adoption.
 (a) For each adoption decreed by a court in the state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the bureau. The report must include the facts necessary to locate and identify the original certificate of birth, if any, of the person adopted. If the person being adopted was born in the state, the report must provide information necessary to establish a new certificate of birth. If the person being adopted was born outside the United States, the report must provide findings, if requested by the adoptive parents, or other information necessary to establish a certificate of birth. The report must identify the order of adoption, and be certified by the court or the clerk.

 (b) The petitioner or the attorney for the petitioner shall furnish with the petition for adoption information in the possession of the petitioner necessary to prepare the adoption report. The social welfare agency or other person concerned shall supply the court with additional information necessary to complete the report if the information is in the possession of the agency or the person. The furnishing of the information is a prerequisite to the issuance of a final decree in the matter.

 (c) Whenever an adoption decree is amended or vacated, the court shall prepare a report on a form prescribed and furnished by the bureau. The report must include the facts necessary to identify the original adoption report and the facts amended in the adoption decree necessary to properly amend the original report, or the new certificate of birth if already established.

 (d) Before the 11th day of each calendar month, the court shall forward to the bureau reports of decrees of adoption, including those vacated or amended, that were entered in the preceding month, together with the related reports the bureau requires.

 (e) When the bureau receives a report of an adoption, or vacation or amendment of an adoption from a court for a person born in the United States but outside the state, a copy shall be made for the bureau’s files and the original shall be forwarded to the appropriate registration authority in the state of birth.




Sec. 18.50.211. Certificate of birth for foreign-born adopted person.
 (a) The state registrar shall issue a certificate of birth for a person born outside the United States whose adoptive parents are residents of the state at the time of the adoption, upon request by the adopted person, or by the adopted person’s adoptive parent or guardian that the certificate be made, and upon receipt of an adoption report as provided in AS 18.50.210 together with
     (1) the information necessary to identify the original certificate of birth; or

     (2) if there is no original certificate of birth, the findings of the court under AS 25.23.175, unless the adoption proceeding is commenced before August 31, 1982, in which case an affidavit of an adoptive parent setting out the true or probable date and place of birth and parentage of the adopted person must accompany the adoption report.

 (b) [Repealed, § 2 ch 14 SLA 1995.]
 (c) A certificate of birth issued under this section shall be in a form prescribed by the state registrar and shall state that it is not evidence of United States citizenship.

 (d) Upon proof of naturalization an amended certificate of birth shall be issued under this section that deletes the statement that the certificate is not evidence of United States citizenship.




Sec. 18.50.220. New certificate of birth.
 (a) The state registrar shall establish a new certificate of birth for a person born in the state, upon proper request that the certificate be made, and upon receipt of
     (1) an adoption report as provided in AS 18.50.210, or a certified copy of the decree of adoption from a court of competent jurisdiction in another state, together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; however, a new certificate of birth may not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person if the adopted person is of legal age; or

     (2) the evidence required by law and regulation proving that the person has been legitimated.

 (b) When a new certificate of birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth, and
     (1) thereafter, in the case of an adoption, the original certificate and the evidence of adoption are not subject to inspection except as provided in AS 18.50.500 — 18.50.510 or by order of the superior court under AS 25.23.150, but the state registrar shall allow inspection by an agent of the state or federal government acting in the performance of the agent’s official duties; in the case of a legitimation, the original certificate and the evidence of legitimation are not subject to inspection except upon order of the superior court or as provided by regulation; however, the regulation shall allow inspection by an agent of the state or federal government acting in the performance of the agent’s official duties;

     (2) upon receipt of a report that an adoption has been vacated, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence are not subject to inspection except upon order of a superior court.

 (c) If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the bureau as provided in this chapter before a new certificate of birth may be established.

 (d) When a new certificate of birth is established by the state registrar, the state registrar shall direct the disposition of and substitution for all copies of the original certificate of birth in the custody of a local registrar of vital statistics or other local custodian of the records. When an adoption has been vacated, the state registrar shall instruct the local officials as to a necessary action.




Sec. 18.50.225. Birth certificates suitable for display.
 (a) In addition to another birth certificate issued under this chapter, the state registrar shall issue, on request and payment of a fee of $25, a birth certificate representing that the birth of the person named on the certificate is recorded in the office of the registrar. The fee required under this subsection is in addition to a fee required under AS 18.50.330 for a copy of a birth certificate.

 (b) The certificate issued under (a) of this section must be in a form consistent with the need to protect the integrity of vital records and must be suitable for display. It may bear the seal of the state and may be signed by the governor.

 (c) A certificate issued under (a) of this section has the same status as evidence as an original birth certificate.

 (d) The estimated amount by which the fees received under this section exceed the cost of issuing birth certificates under (a) of this section may be appropriated annually by the legislature to the Alaska children’s trust grant account (AS 37.14.205).




Sec. 18.50.230. Death registration; disclosure for child support purposes.
 (a) A death certificate for each death that occurs in the state shall be filed with the local registrar of the registration district in which the death occurred within three days after death and before final disposition of the body or removal of the body from the state, except as provided by regulation in special problem cases. For the purpose of this section, if the place of death is unknown, a death certificate shall be filed in the registration district in which the dead body is found. When a death occurs on a moving conveyance a death certificate shall be filed in the registration district in which the dead body is first removed from the conveyance.

 (b) The funeral director or person acting as the funeral director who first assumes custody of a dead body shall file the death certificate. The funeral director or the person acting as the funeral director shall obtain the personal data from the next of kin or the best qualified person or source available and the medical certification of cause of death from the person responsible for this information.

 (c) The medical certification shall be completed and signed within 24 hours after death by the physician in charge of the patient’s care for the illness or condition that resulted in death except when an official inquiry or inquest is required and except as provided by regulation in special problem cases.

 (d) When a death occurs without medical attendance, or when official inquiry is required, the department shall provide by regulation, in accordance with law, the responsibility for completing and signing the medical certification. This subsection is intended to include, among others, cases involving a medical examiner and cases involving presumption of death.

 (e) To assist the Alaska Court System to remove the names of deceased persons from jury lists under AS 09.20.050(c), the state registrar of vital statistics shall forward to the administrative director of the Alaska Court System the names of persons for whom certificates of death were issued and reported to the registrar.

 (f) A death certificate issued under this section must include the decedent’s social security number, if ascertainable. Upon request, the registrar shall provide a decedent’s social security number to the child support services agency created in AS 25.27.010, or the child support agency of another state, for child support purposes authorized under law.




Sec. 18.50.235. Certificate of birth resulting in stillbirth.
 (a) After a stillbirth occurs in the state, the person required to file a fetal death registration under AS 18.50.240(b) shall advise the mother and, if the father is present, the father
     (1) that the parent may request the preparation of a certificate of birth resulting in stillbirth;

     (2) that the parent may obtain a certificate of birth resulting in stillbirth by contacting the bureau; and

     (3) of the contact information for the bureau.

 (b) A parent who requests a certificate of birth resulting in stillbirth may provide a name for placement on the certificate. If a name is not provided, the bureau shall cause the certificate to show either “baby boy” or “baby girl,” as appropriate, and the last name of the parent who requested the certificate. The name provided on the certificate of birth resulting in stillbirth must be the same name as the name on the fetal death certificate.

 (c) A certificate of birth resulting in stillbirth must include the state file number of the corresponding fetal death certificate.

 (d) The department shall prescribe the form and content of a certificate of birth resulting in stillbirth to record the birth and specify the information required to prepare the certificate.

 (e) A certificate issued under this section is not proof of a live birth, and the certificate must contain the phrase “not proof of live birth.” The bureau may not use a certificate of birth resulting in stillbirth to calculate live birth statistics.

 (f) A parent may request that the bureau issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued.

 (g) The department may adopt regulations needed to implement this section.

 (h) In this section,
     (1) “fetal death” has the meaning given in AS 18.50.950;

     (2) “stillbirth” means a fetal death that resulted in the issuance of a fetal death certificate under AS 18.50.240.




Sec. 18.50.240. Fetal death registration.
 (a) A fetal death certificate for each fetal death that occurs in the state shall be filed with the local registrar of the registration district in which the delivery occurred within three days after the delivery and before final disposition of the fetus or removal of the fetus from the state, except as provided by regulation in special problem cases. However, the filing of a certificate for a product of a pregnancy of less than 20 weeks may be determined by regulation. For the purposes of this section, if the place of fetal death is unknown, a fetal death certificate shall be filed in the registration district in which the dead fetus is found. When a fetal death occurs on a moving conveyance a fetal death certificate shall be filed in the registration district in which the fetus is first removed from the conveyance.

 (b) The funeral director or person acting as the funeral director who first assumes custody of a fetus shall file the fetal death certificate. In the absence of a funeral director or a person acting as a funeral director, the physician or other person in attendance at or after the delivery shall file the certificate of fetal death. The person who files the certificate shall obtain the personal data from the next of kin or the best qualified person or source available and the medical certification of cause of death from the person responsible for this information.

 (c) The medical certification shall be completed and signed within 24 hours after delivery by the physician in attendance at or after delivery except when an official inquiry or inquest is required and except as provided by regulation in special problem cases.

 (d) When a fetal death occurs without medical attendance upon the mother at or after the delivery, or when official inquiry is required, the department shall provide by regulation, in accordance with law, the responsibility for completing and signing the medical certification.




Sec. 18.50.245. Report of induced termination of pregnancy.
 (a) A hospital, clinic, or other institution where an induced termination of pregnancy is performed in the state shall submit a report directly to the state registrar within 30 days after the induced termination is completed. The report may not contain the name of the patient whose pregnancy was terminated but must contain the information required by the state registrar in regulations adopted under this section.

 (b) When an induced termination of pregnancy is performed by a physician outside of a hospital, clinic, or other institution, the physician shall submit the report required under this section within 30 days after the induced termination of pregnancy is completed.

 (c) For purposes of this section,
     (1) an induced termination of pregnancy is considered to be performed where the act interrupting the pregnancy is performed even if the resultant expulsion of the product of conception occurs elsewhere;

     (2) prescription of a medicine by a physician who knows that the medicine will be taken with the intention of inducing termination of a pregnancy is considered to be the act that interrupts the pregnancy even if the medicine is taken outside of the physician’s presence; and

     (3) an induced termination of pregnancy is considered to be completed when the product of conception is extracted or expulsed.

 (d) The state registrar shall annually prepare a statistical report based on the reports received under this section. The report must include the types of information required under (e) of this section, except that the statistical report may not identify or give information that can be used to identify the name of any physician who performed an induced termination of pregnancy, the name of any facility in which an induced termination of pregnancy occurred, or the name of the municipality or community in which the induced termination of pregnancy occurred. The data gathered from the reports received under this section may only be presented in aggregate statistics, not individually, so that specific individuals may not be identified. After preparation of the annual report, the state registrar shall destroy the reports received under this section.

 (e) The state registrar shall adopt regulations to implement this section. The regulations that establish the information that will be required in a report of an induced termination of pregnancy
     (1) must require information substantially similar to the information required under the United States Standard Report of Induced Termination of Pregnancy, as published by the National Center for Health Statistics, Centers for Disease Control and Prevention, United States Department of Health and Human Services, in April 1998, as part of DHHS Publication No. (PHS) 98-1117;

     (2) must require, if known, whether the unidentified patient requested and received a written copy of the information required to be maintained on the Internet under AS 18.05.032; and

     (3) may not include provisions that would violate a woman’s privacy by requiring the woman’s name or any identifying information in the report.




Sec. 18.50.250. Permits.
 (a) Except as provided in (e) of this section, the funeral director or person acting as the funeral director who first assumes custody of a dead body or fetus shall obtain a burial-transit permit before final disposition or removal from the state of the body or fetus and within 72 hours after death, except as otherwise authorized by regulation for special problem cases.

 (b) The local registrar of the registration district where the death occurred shall issue a burial-transit permit when a certificate of death or fetal death has been filed in accordance with this chapter, except as otherwise authorized by regulation in special problem cases.

 (c) A burial-transit permit that accompanies a dead body or fetus brought into the state is authority for final disposition of the body or fetus in the state.

 (d) A permit for disinterment and reinterment is required before disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. Upon proper application the permit shall be issued by the local registrar of vital statistics in accordance with instructions of the state registrar.

 (e) The state medical examiner shall obtain the burial-transit permit before a body is transported under AS 12.65.025(a)(2).




Sec. 18.50.260. Extension of time.
 (a) By regulation and upon the conditions it prescribes to assure compliance with the purposes of this chapter, the department may provide for the extension of the periods prescribed in AS 18.50.160 and 18.50.230 — 18.50.250 for the filing of birth certificates, death certificates, fetal death certificates, medical certifications or causes of death, and for the obtaining of permits, in cases in which compliance with the applicable prescribed period would result in undue hardship.

 (b) Regulations may provide for the issuance of a burial-transit permit under AS 18.50.250 before the filing of a certificate of death or fetal death upon conditions designed to assure compliance with the purposes of this chapter in a case in which compliance with the requirement that the certificate be filed before the issuance of the permit would result in undue hardship.




Sec. 18.50.270. Marriage registration.
 (a) A certificate of marriage for each marriage performed in the state shall be filed with the local registrar of vital statistics of the registration district in which the marriage was performed within seven days of the marriage.

 (b) The official who issues the marriage license shall prepare the certificate of marriage on forms prescribed and furnished by the bureau, as specified elsewhere in the statutes and in regulations adopted under this chapter.

 (c) A person who performs a marriage shall complete the forms as specified elsewhere in the statutes or in regulations adopted under this chapter, and shall file the original certificate of marriage with the local registrar.

 (d) An official issuing a marriage license shall report to the state registrar before the 11th day of each calendar month, on forms prescribed and furnished by the bureau, the information required concerning each marriage license issued during the preceding month.




Sec. 18.50.272. Heirloom certificates of marriage suitable for display.
 (a) In addition to a certificate of marriage issued under this chapter, the state registrar shall issue, on request and payment of a fee established by regulation, an heirloom certificate of marriage representing the marriage of the persons named on the certificate of marriage that is recorded in the office of the registrar.

 (b) The department shall adopt regulations that establish the amount of the fee for each design of an heirloom certificate of marriage. Notwithstanding AS 37.10.050(a), each fee shall be set at an amount that is more than the estimated actual costs to the department, not to exceed the estimated fair market value of a comparable artistic rendition. The fee required under this subsection is in addition to any fee established under AS 18.50.330 for a copy of a certificate of marriage.

 (c) The certificate issued under (a) of this section must be in a form consistent with the need to protect the integrity of vital records and must be suitable for display. It may bear the seal of the state and may be signed by the governor.

 (d) An heirloom certificate of marriage issued under (a) of this section has the same status as evidence as an original certificate of marriage filed under AS 18.50.270.

 (e) The estimated amount by which the fees received under this section exceed the cost of issuing heirloom certificates of marriage under (a) of this section may be appropriated annually by the legislature to the Alaska children’s trust grant account (AS 37.14.205).




Sec. 18.50.280. Court reports of divorce, dissolution, and annulment.
 (a) For each dissolution, divorce, and annulment of marriage granted by a court in the state, the clerk of the court shall prepare and file a certificate of dissolution, divorce, or annulment with the bureau, on forms prescribed and furnished by the bureau. The forms must require the reporting of the social security numbers of the petitioner or plaintiff and, if ascertainable, the other party to the dissolution, divorce, or annulment of marriage. The petitioner or plaintiff shall furnish the court with the information necessary to complete the certificate, and the furnishing of this information is prerequisite to the issuance of a decree.

 (b) Before the 11th day of each month the clerk of the court shall forward to the bureau the certificate of each dissolution, divorce, and annulment granted during the preceding calendar month and the related reports required by regulation adopted under this chapter.

 (c) Upon request, the bureau shall provide a social security number supplied under (a) of this section to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, for child support purposes authorized under law.




Article 4. Records.


Sec. 18.50.290. Corrections and amendments.
 (a) A certificate or record registered by the bureau may be amended only in accordance with this chapter and the regulations the department adopts to protect the integrity and accuracy of vital statistics records.

 (b) A certificate that is amended under this section shall be marked “amended,” with the date of amendment. A summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections may be made to vital statistics records without the certificate being considered amended.

 (c) Upon receipt of a certified copy of a court order changing the name of a person born in the state or a person born outside the United States whose adoptive parents are residents of the state at the time of the adoption and upon request of the person or the person’s parent, guardian, or legal representative, the state registrar shall amend the certificate of birth to reflect the new name.

 (d) When a certificate is corrected or amended under this section, the state registrar shall instruct the local custodian of the copy of the certificate to make the changes in the copy.




Sec. 18.50.300. Reproduction of records.
To preserve original documents the state registrar may prepare typewritten, photographic, or other reproductions of original records and files in the state registrar’s office. When certified by the state registrar, the reproduction shall be accepted as the original record.


Sec. 18.50.310. Disclosure of records.
 (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it is unlawful for a person to permit inspection of or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of a record, except as provided by this section or as authorized by regulations issued under this chapter. Regulations issued under this chapter may not authorize inspection, disclosure, or copying of all or part of any report or record received under AS 18.50.245, except that the statistical report prepared under AS 18.50.245(d) may be copied and distributed.

 (b) The bureau may permit the use of data contained in vital statistics records, other than reports of induced terminations of pregnancy, for research purposes.

 (c) Information in vital statistics records indicating that a birth occurred out of wedlock may not be disclosed except upon order of a superior court or as provided by regulations.

 (d) Appeals from decisions of the custodians of local records refusing disclosure under (a) and (b) of this section shall be made to the state registrar, whose decision is binding upon the custodian of local records.

 (e) The department may by regulation provide for the release of information, other than information in reports of induced terminations of pregnancy, to authorized representatives of organizations or foundations that counsel the next of kin of victims of sudden infant death syndrome.

 (f) Notwithstanding the provisions of AS 40.25.120, when 100 years have elapsed after the date of a birth, or 50 years have elapsed after the date of a death, marriage, divorce, dissolution of marriage, or annulment, the records of these events in the custody of the state registrar become public records subject to inspection and copying as provided in AS 40.25.110 — 40.25.140.

 (g) The principal health officer of a municipality, or a municipal health officer designated by the principal health officer, may inspect vital statistics records pertinent to the functions of the principal health officer. The state registrar may enter into an agreement with a municipality governing the conditions and purposes of those inspections.

 (h) Marriage license applications shall be open for public inspection or examination during normal business hours. The bureau may, in response to a request under AS 25.27.300, disclose to the child support services agency whether the bureau has a record indicating that a person has remarried after the date specified by the agency.

 (i) In this section, “principal health officer” means the municipal official who is exercising health powers and who is primarily responsible for public health in the municipality.




Sec. 18.50.315. Records of missing children.
 (a) Upon receiving notification by the Department of Public Safety or another law enforcement agency that a child born in this state is missing, the bureau shall flag the birth certificate record of the missing child in a manner that alerts the bureau to the fact that the record is that of a missing child when a copy of that birth certificate or information regarding that birth certificate is requested. Upon notification by the department that the person who was listed as a missing child has been found, the bureau shall remove the flag from the person’s birth certificate record.

 (b) The bureau may not provide a copy of a birth certificate or information concerning the birth record of a person whose record is flagged under (a) of this section except as provided in this section.

 (c) When a copy of a flagged birth certificate is requested, the bureau shall immediately notify the Department of Public Safety. If a flagged record is requested in person, the bureau shall record the name, address, and telephone number of the person making the request. The bureau may only provide a copy of the requested birth certificate by mail.

 (d) In this section,
     (1) “child” means a person under 18 years of age;

     (2) “law enforcement agency” has the meaning given in AS 12.36.090.




Sec. 18.50.320. Copies of data from vital records.
Except as otherwise provided and in accordance with the regulations adopted under AS 18.50.310,
     (1) the bureau and the custodian of permanent local records shall, upon request, issue a certified copy of a certificate or record in their custody, or a part of it; each copy issued must show the date of registration or recording, and copies issued from records marked “delayed,” “amended,” or “court order” shall be similarly marked and must show the effective date;

     (2) a certified copy of a certificate or a part of it issued in accordance with (1) of this section is considered the original for all purposes and is prima facie evidence of the facts stated; however, the evidentiary value of a certificate or record filed more than one year after the event, or a record that has been amended, or a presumptive death certificate, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence;

     (3) the National Office of Vital Statistics may be furnished the copies or data it requires for national statistics if the bureau is reimbursed for the cost of furnishing the data; the National Office of Vital Statistics may not use the data for purposes other than statistical purposes unless authorized by the state registrar;

     (4) federal, state, local, and other public or private agencies, upon request, may be furnished copies or data for statistical purposes on the terms or conditions prescribed by the bureau;

     (5) a person or agency may not prepare or issue a certificate or part of a certificate that purports to be an original, certified copy, or copy of a certificate of birth, death, fetal death, or marriage, except as authorized in this chapter or the regulations adopted under it;

     (6) upon request, the bureau shall furnish a copy of a certificate or record registered by the bureau to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, for child support purposes authorized under law; such a certificate or record that is prepared or maintained in an electronic data base may be supplied by providing the requesting agency with a copy of the electronic certificate or record and a statement certifying its contents;

     (7) the bureau shall issue up to four certified copies of the death certificate of a veteran without charge; under this paragraph, certified copies of a veteran’s death certificate are available without charge only to a qualified person; in this paragraph,
          (A) “qualified person” means an individual who is
               (i) a personal representative of the veteran’s estate;

               (ii) a trustee of a revocable trust of which the veteran was the settlor; or

               (iii) a person who needs a certified copy of the veteran’s death certificate for the purpose of satisfying an eligibility requirement for a benefit related to the death of the veteran;

          (B) “veteran” means an individual who was
               (i) on active duty at the time of the veteran’s death or had received an honorable or general discharge from a branch of the armed services of the United States, the National Guard, a reserve unit of the United States armed services, the Alaska Scouts, the Alaska Territorial Guard, or the Alaska Naval Militia; and

               (ii) a resident of the state at the time of the individual’s death.




Sec. 18.50.330. Fees for services.
 (a) The state registrar shall prescribe the fees to be paid for certified copies of certificates, for issuing marriage licenses, for searches of the files or records, for the filing of delayed or substitute certificates, for making amendments, for supplying documentary evidence for these purposes, and for special services rendered by the bureau.

 (b) [Repealed, § 28 ch 90 SLA 1991.]




Sec. 18.50.340. Persons required to keep records.
 (a) A person in charge of an institution shall keep a record of personal particulars and data concerning each person admitted or confined to the institution. This record must include the information required by the certificates of birth, death, and fetal death issued under the provisions of this chapter, and other information required by the bureau. The record shall be made at the time of admission from information provided by the person, but when it cannot be obtained from the person it shall be obtained from relatives or other sources acquainted with the facts. The name and address of the person providing the information must be a part of the record.

 (b) When a dead human body or fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the deceased, date of death, name and address of the person to whom the body is released, date of removal from the institution, or if finally disposed of by the institution, the date, place, and manner of disposition.

 (c) A funeral director, embalmer, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing a certificate or form required by this chapter, shall keep a record identifying the body, and the information pertaining to the receipt, removal, and delivery of the body required by the bureau.

 (d) Records maintained under this section shall be retained for a period of not less than five years and shall be made available for inspection by the state registrar or a representative of the state registrar upon demand.




Sec. 18.50.350. Duty to furnish information.
A person having knowledge of the facts shall furnish the information the person possesses regarding a birth, death, fetal death, induced termination of pregnancy, marriage, or divorce, upon demand of the state registrar.


Secs. 18.50.360 — 18.50.380. [Renumbered as AS 18.50.900 — 18.50.990.]

Article 5. Access to Adoption Information.


Sec. 18.50.500. Identity of biological parents.
 (a) After receiving a request by an adopted person 18 years of age or older for the identity of a biological parent of the person, the state registrar shall provide the person with an uncertified copy of the person’s original birth certificate and any change in the biological parent’s name or address attached to the certificate.

 (b) The state registrar may not disclose the name and address of a biological parent, except as required under (a) of this section or by the court under AS 25.23.150.

 (c) An adopted person 18 years of age or older, or a biological parent, may submit to the state registrar a notice of change of name or address. The state registrar shall attach the information to the original birth certificate of the adopted person.

 (d) The state registrar shall disclose to a biological parent, at that parent’s request, the most current name and address of an adopted child that appear in the state registrar’s adoption files if the child is 18 years of age or older and has requested in writing that the information be disclosed if ever requested by the biological parent.




Sec. 18.50.510. Descriptive information regarding biological parents.
 (a) The state registrar shall, at the request of an adoptive parent or of an adopted person 18 years of age or older, release the following information regarding a biological parent named on the original birth certificate of the adopted person if available from the registrar’s adoption records:
     (1) the age of the biological parent on the day the adopted person was born;

     (2) the heritage of the biological parent, to include
          (A) national origin;

          (B) ethnic background; and

          (C) tribal membership;

     (3) the medical history of the biological parent and of blood relatives of the biological parent;

     (4) the number of years of school completed by the biological parent by the day the adopted person was born;

     (5) a physical description of the biological parent on the day the adopted person was born, including height, weight, and color of hair, eyes, and skin;

     (6) the existence of other children of the biological parent;

     (7) whether the biological parent was alive at the time of adoption;

     (8) the religion of the biological parent; and

     (9) other information provided by the biological parent for disclosure to the child, which may include such items as photographs, letters, and a statement explaining the reasons for the adoption.

 (b) Information released under (a) of this section shall be on a standard form prepared by the commissioner. The information may not include the name of a biological parent or other information not listed in (a) of this section.




Article 6. General Provisions.


Sec. 18.50.900. Prohibited acts and penalties.
 (a) A person is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both, who
     (1) without lawful authority and with the intent to deceive, makes, alters, amends, or mutilates a certificate of birth or certified copy of a certificate of birth with the intent that it may be used;

     (2) wilfully and knowingly uses or attempts to use, or furnishes to another for use, for the purpose of deception, a certificate of birth or certified copy of a record of birth so made, altered, amended, or mutilated;

     (3) with the intention to deceive wilfully uses or attempts to use a certificate of birth or certified copy of a record of birth knowing that the certificate or certified copy was issued upon a record that is false in whole or in part or that relates to the birth of another person; or

     (4) wilfully and knowingly furnishes a certificate of birth or certified copy of a record of birth with the intention that it be used by a person other than the person to whom the record of birth relates.

 (b) A person is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $300, or by imprisonment for not more than three months, or by both, except when a more severe penalty is provided for in this chapter, who
     (1) wilfully and knowingly makes a false statement in a report or certificate of birth required to be filed under this chapter or regulations adopted under it, or in an application for amendment of it, or in an affidavit or paper submitted in support of such a certificate or application, with intent to induce or secure the registration of a birth, or the acceptance of a certificate of birth as evidence of the date and place of birth, identity, or citizenship, or the amendment of a birth certificate for a purpose of deception; or

     (2) wilfully and knowingly falsifies, makes or alters a certificate or certified copy of a vital statistics record except as provided in this chapter or regulations adopted under it.

 (c) A person is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $100, except when a different penalty is provided for in this chapter, who
     (1) knowingly transports or accepts for transportation, interment, or other final disposition a dead body without the required permit issued in accordance with this chapter or regulations adopted under it;

     (2) refuses to provide information, or who knowingly furnishes false information, required by this chapter or regulations adopted under it; or

     (3) violates the provisions of this chapter or neglects or refuses to perform a duty imposed upon the person by this chapter or the regulations adopted under it.




Sec. 18.50.950. Definitions.
In this chapter,
     (1) “adoptive parent” means a person who has adopted another person under AS 25.23;

     (2) “biological parent” means a parent named on the original certificate of birth of an adopted person;

     (3) “bureau” means the Bureau of Vital Statistics;

     (4) “commissioner” means the commissioner of health and social services;

     (5) “dead body” means a lifeless human body or parts or bones of it from the state of which it reasonably may be concluded that death recently occurred;

     (6) “department” means the Department of Health and Social Services;

     (7) “fetal death” means death before the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, where
          (A) the death is indicated by the fact that, after expulsion or extraction, the fetus does not breathe or show evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles; and

          (B) the expulsion or extraction is not caused by an induced termination of pregnancy;

     (8) “filing” means the presentation of a certificate, report, or other record provided for in this chapter, of a birth, death, fetal death, adoption, marriage, or divorce for registration by the bureau;

     (9) “final disposition” means the burial, interment, cremation, or other disposition of a dead body or fetus;

     (10) “induced termination of pregnancy” means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant, and that does not result in a live birth, except that “induced termination of pregnancy” does not include management of prolonged retention of products of conception following fetal death;

     (11) “institution” means a public or private establishment that provides in-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two or more unrelated individuals, or to which persons are committed by law;

     (12) “live birth” means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after expulsion or extraction, breathes or shows evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached;

     (13) “medical history” includes information relating to a person’s medical conditions and treatment, immunization records, and other medical information about the person that could be important to the health care of the adopted person;

     (14) “physician” means a person authorized or licensed to practice medicine under the laws of the state;

     (15) “registration” means the acceptance by the bureau and the incorporation in its official records of certificates, reports, or other records provided for in this chapter, of births, deaths, fetal deaths, adoptions, marriages, or divorces;

     (16) “state registrar” means the state registrar of vital statistics;

     (17) “system of vital statistics” includes the registration, collection, preservation, amendment, and certification of vital statistics records, and related activities including the tabulation, analysis, and publication of statistical data derived from them;

     (18) “vital statistics” means records of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, adoption, and related data.




Sec. 18.50.990. Short title.
This chapter may be cited as the Vital Statistics Act.


Chapter 54. Housing Development Revolving Loan Fund.

[Repealed, § 72 ch 113 SLA 1982.]

Article 1. Housing Project and Public Building Assistance Act.


Chapter 55. Housing, Public Buildings, Urban Renewal, and Regional Housing Authorities.

Sec. 18.55.010. Purpose of AS 18.55.100 — 18.55.290.
The purpose of AS 18.55.100 — 18.55.290 is to remedy the acute housing shortage that exists in certain localities of the state by undertaking slum clearance, housing for low-income households, housing for persons and their families engaged in national defense activities in the state, and housing projects and housing for veterans and other citizens of the state and to remedy the short supply of necessary public buildings by providing for the financing, construction, and acquisition of public buildings for lease to the state.


Secs. 18.55.020 — 18.55.070. Alaska State Housing Authority. [Repealed, § 140 ch 4 FSSLA 1992.]
Sec. 18.55.080. Members or employees prohibited from acquiring interest in projects.
A member of the board of directors or employee of the corporation may not acquire an interest, direct or indirect, in a housing or public building project authorized by AS 18.55.100 — 18.55.290, or in property or a contract for materials or services included or planned to be included in a project authorized by AS 18.55.100 — 18.55.290. If a member of the board of directors or employee owns or controls an interest, the member or employee shall immediately disclose the interest in writing to the corporation. Failure to make disclosure constitutes misconduct in office.


Sec. 18.55.090. Removal of members. [Repealed, § 2 ch 9 SLA 1965.]
Sec. 18.55.100. Powers of corporation.
 (a) To the extent not already provided by AS 18.56, the corporation has all powers necessary to carry out the purposes of AS 18.55.010 — 18.55.290, including the power to
     (1) sue and be sued;

     (2) adopt a seal;

     (3) have perpetual succession;

     (4) adopt, amend, and repeal bylaws and regulations;

     (5) make and execute contracts and other instruments;

     (6) in its own name, own, exchange, transfer, lease, rent, convey, or acquire by eminent domain under AS 09.55.240 — 09.55.460, or otherwise, real and personal property; provided that no project site or part of a project site may be acquired by eminent domain until the corporation has secured, through negotiation, options for the purchase of at least 50 percent of the properties included in the site, except in disaster areas; in an eminent domain proceeding the court may, upon motion and after a hearing, fix the time when and the terms upon which the parties in possession are required to surrender possession to the plaintiff; if the court finds that urgent public necessity requires, it may grant the plaintiff possession at any time after the proceeding has been commenced;

     (7) provide, subject to the applicable planning, zoning, sanitary, and building laws, ordinances, and regulations for the construction, improvement, alteration, or repair of a housing or public building project or any part of a housing or public building project, and also, subject to the same restrictions, to provide for the construction, improvement, alteration, repair, planning, financing, and interim operation of a sewer or water system, or part of a sewer or water system, to foster, encourage, and permit the development of housing projects by private and public developers and builders;

     (8) operate those housing projects and to act as agent or lessee in developing or administering housing projects undertaken by the federal government;

     (9) arrange or contract for services, privileges, works, or facilities for or in connection with a housing project or the occupants of a housing project and notwithstanding anything to the contrary contained in AS 18.55.010 — 18.55.470 or in any other provision of law, include in the contract stipulations that the contractor and subcontractors comply with requirements as to minimum wages and maximum hours of labor, with any conditions that the federal government may have attached to its financial aid of the project, and with any pertinent state law;

     (10) establish and revise rent schedules;

     (11) insure any real or personal property or operations of the corporation against any risks or hazards;

     (12) invest in property or securities in which banks or trust companies may legally invest any money held in reserves or sinking funds or any money not required for immediate disbursement;

     (13) purchase its bonds at a price not more than the principal amount of the bonds and accrued interest, all bonds so purchased to be canceled;

     (14) investigate and study living and housing conditions and the clearing and reconstructing of slum areas;

     (15) arrange or contract for the financing, design, construction, and acquisition of public buildings for lease to the state in accordance with AS 18.55.010 — 18.55.290;

     (16) charge to and collect fees from owners or developers of low-income housing for the application for and allocation of federal low-income housing tax credits;

     (17) collect and pay reasonable fees and charges in connection with making, purchasing, and servicing its mortgages, loans, notes, bonds, certificates, commitments, and other evidences of indebtedness.

 (b) Notwithstanding any other provisions in AS 18.55.010 — 18.55.470,
     (1) when the local governing body certifies that an area is in need of a housing project under any of the provisions or powers within AS 18.55.010 — 18.55.470 as a result of the earthquakes of 1964 and all results and aftereffects respecting which the governor of the state has certified the need for disaster assistance, the corporation may plan, undertake, and carry out the project in the disaster area;

     (2) with the approval of the local governing body, and immediately after the approval, the corporation may acquire real property for the purposes of AS 18.55.010 — 18.55.470, and demolish and remove any structure on the property, and it may pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses, unless payment of the costs are contrary to applicable federal law or regulation;

     (3) for the purposes of this subsection, AS 18.55.130 and 18.55.330 do not apply.

 (c) Any two or more authorities may join or cooperate with one another in the exercise of any or all of the power conferred by the housing authorities law for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects located within the area of operation of one or more of the authorities.

 (d) Notwithstanding (a)(7) and (15) of this section, a proposed public building project shall be submitted by the corporation to the legislature for review. The corporation may proceed with the public building project only if it is approved by law. An appropriation does not constitute approval by law for purposes of this subsection.




Sec. 18.55.105. Lease of authority’s public buildings to political subdivisions. [Repealed, § 3 ch 118 SLA 1967.]
Sec. 18.55.110. Cooperation with and aid of federal government.
For purposes of AS 18.55.100 — 18.55.290, the corporation may do all things necessary or desirable to cooperate with or act as agent for the federal government, or to secure financial aid for housing projects for veterans of World War II and other citizens of the state, provided that those projects may not be undertaken unless an acute shortage of housing exists. With respect to those projects, the corporation may not be subject to limitations, restrictions, or requirements of other laws, except those relating to land acquisition, prescribing or limiting the procedure or action to be taken in the development or administration of any buildings, property, public works, undertakings, or projects of municipal or public corporations or agencies of the state.


Sec. 18.55.120. Housing for low-income households.
For purposes of AS 18.55.100 — 18.55.290, the corporation shall manage and operate housing for low-income households with rentals fixed at the lowest rates consistent with decent, safe, and sanitary dwellings.


Sec. 18.55.130. Qualifications of tenants.
 (a) In the operation or management of housing for low-income households, the corporation shall, from time to time, establish rents and requirements for admission of tenants to its housing in each municipality in which the housing of the corporation is located.

 (b) Except in the case of leased housing as provided in 42 U.S.C. 1437f, the corporation shall fix the income limits for occupancy in its housing for low-income households after taking into consideration
     (1) the family size, composition, age, physical disabilities, and other factors that might affect the rent-paying ability of the family; and

     (2) the economic factors that affect the financial stability and solvency of the project.

 (c) [Repealed, § 18 ch 7 SLA 2011.]
 (d) [Repealed, § 18 ch 7 SLA 2011.]
 (e) Nothing in this section or AS 18.55.120 limits the power of the corporation to vest in an obligee the right to take possession of a housing project or have a receiver appointed free from the restrictions imposed by this section or AS 18.55.120 in case of default by the corporation.




Sec. 18.55.140. Issuance of bonds, notes, and refunding bonds.
The corporation may issue bonds and notes from time to time in its discretion for a purpose authorized by this chapter and may issue refunding bonds for the purpose of paying or retiring bonds previously issued under this chapter.


Sec. 18.55.150. Security for bonds.
 (a) In conjunction with projects authorized by this chapter, the corporation may issue bonds, including bonds on which the principal and interest are payable
     (1) exclusively from the income and revenue of the housing project financed with the proceeds of the bonds;

     (2) exclusively from the income and revenue of designated housing projects whether or not they are financed in whole or in part with the proceeds of the bonds;

     (3) from its revenue generally; or

     (4) exclusively from rents collected on public buildings.

 (b) Bonds authorized by (a) of this section may be additionally secured
     (1) by a pledge of a grant or contribution from the federal government or from another source;

     (2) by a pledge of income or revenue of the corporation; or

     (3) by a mortgage of a housing project or other property of the corporation.




Sec. 18.55.160. Limitation of liability on bonds.
 (a) The members of the board of directors of the corporation and any person executing the bonds issued under AS 18.55.100 — 18.55.290 are not liable personally on the bonds by reason of their issuance.

 (b) The bonds of the corporation issued under AS 18.55.100 — 18.55.290 are not a debt of the state or a political or municipal corporation or other subdivision of the state and each bond shall so state on its face. Neither the state nor a political or municipal corporation or other subdivision of the state other than the corporation is liable on the bonds, nor are the bonds payable out of money or property other than those of the corporation.

 (c) The corporation may not pledge the faith of the people of the state for a loan or obligation that is entered into under AS 18.55.100 — 18.55.290.

 (d) Bonds of the corporation issued under AS 18.55.100 — 18.55.290 are not a debt, indebtedness, or the borrowing of money within the meaning of any limitation or restriction on the issuance of bonds contained in the constitution or laws of the state.




Sec. 18.55.170. Exemption from taxes.
Bonds and other obligations of the corporation issued under AS 18.55.100 — 18.55.290 are declared to be issued for an essential public and governmental purpose and are public instrumentalities and, together with interest on them and income from them, are exempt from taxes.


Sec. 18.55.180. Issuance and sale of bonds and notes.
Bonds and notes of the corporation issued under AS 18.55.100 — 18.55.290 are authorized by adoption of a resolution prescribing the date of issuance and maturity, interest rate, denomination, form, conversion privilege, rank or priority, execution, terms of redemption, medium and place of payment. Bonds and notes may be sold in the manner, on the terms, and at the price the corporation determines. Each bond and note is negotiable. The signature of a member of the board of directors of the corporation or an officer of the corporation upon a bond or note or coupon is not invalidated by that person’s ceasing to hold office before the delivery of the bond or note. The recitation of a bond or note that it has been issued in the financing of a housing or public building project under AS 18.55.010 — 18.55.290 is conclusive as to the issuance of the bond or note and the character of the project in a challenge of the validity of the bond or note or the security for it.


Sec. 18.55.185. Prohibited bidding on bonds and notes. [Repealed, § 4 ch 86 SLA 1981.]
Sec. 18.55.187. Independent financial advisor.
In negotiating the private sale of bonds or bond anticipation notes to an underwriter when that sale is authorized by AS 18.55.100 — 18.55.290, the corporation shall retain a financial advisor who is independent from the underwriter. The financial advisor may not bid on the bonds or notes if offered at public sale or negotiate for their purchase if sold at private sale.


Sec. 18.55.190. Maximum interest rate. [Repealed, § 1 ch 52 SLA 1977.]
Sec. 18.55.200. Additional powers to secure bonds or obligations under leases.
When authorized by AS 18.55.100 — 18.55.290, in connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of bonds or lease obligations, the corporation, in addition to its other powers, may
     (1) pledge all or a part of its gross or net rents, fees, or revenues to which its right exists or may exist;

     (2) mortgage all or a part of its real or personal property, owned or later acquired;

     (3) covenant against pledging all or a part of its rents, fees, and revenues, or against mortgaging all or a part of its real or personal property, to which its right or title exists or may come into existence or against permitting or suffering any lien on the revenues or property;

     (4) covenant with respect to limitations on its right to sell, lease, or otherwise dispose of a housing or public building project or a part of a housing or public building project;

     (5) covenant as to what other, or additional debts or obligations may be incurred by it;

     (6) covenant as to the bonds to be issued and as to the issuance of the bonds in escrow or otherwise, and as to the use and disposition of the proceeds of bonds;

     (7) provide for the replacement of lost, destroyed, or mutilated bonds;

     (8) covenant against extending the time for the payment of its bonds or interest on the bonds;

     (9) redeem the bonds, and covenant for their redemption and to provide the terms and conditions of redemption;

     (10) covenant subject to the limitations contained in AS 18.55.100 — 18.55.290 as to the rents and fees to be charged in the operation of a housing or public building project, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition of these revenues;

     (11) create or authorize the creation of special funds for money held for construction or operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of this money;

     (12) prescribe the procedure by which the terms of a contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which the consent may be given;

     (13) covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of a covenant, condition, or obligation, and covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and covenant as to the terms and conditions upon which this declaration and its consequences may be waived;

     (14) vest in a trustee or trustees or the holders of bonds or a specified proportion of them, the right to enforce the payment of the bonds or covenants securing or relating to the bonds;

     (15) vest in one or more trustees the right, in the event of a default by the corporation, to take possession of a housing or public building project or a part of the project, and so long as the corporation continues in default to retain possession and to use, operate, and manage the project, and to collect the rents and revenues from the project, and to dispose of the money according to the agreement between the corporation and the trustees;

     (16) provide for the powers and duties of the trustees, and limit the liability of the trustees; and

     (17) provide the terms and conditions upon which the trustee or trustees or the holders of bonds, or portions of bonds, may enforce a covenant or right securing or relating to the bonds.




Sec. 18.55.210. Right of obligee of corporation to bring action.
An obligee of the corporation may, in addition to all other rights that may be conferred by AS 18.55.100 — 18.55.290 and subject only to contractual restriction binding upon the obligee, seek an injunction or an action in the nature of an action for mandamus against the members of the board of directors, the corporation, or its officers, agents, or employees for a matter arising out of AS 18.55.100 — 18.55.290.


Sec. 18.55.220. Power of corporation to confer upon obligee right to bring action or proceeding.
In conjunction with the exercise of a power authorized by AS 18.55.100 — 18.55.290, the corporation may, by resolution, trust indenture, mortgage, lease, or other contract, confer upon an obligee holding or representing a specified amount in bonds, or holding a lease, the right upon a default as defined in the resolution or instrument by suit, action, or proceeding
     (1) to have possession of a housing or public building project or part of one surrendered to the obligee, with possession retained by the obligee as long as the corporation continues in default;

     (2) to obtain the appointment of a receiver of a housing or public building project or part of one and its rents and profits, who may enter, take possession, and for the duration of the default operate and maintain it, collect and receive all fees, rents, revenues, or other charges thereafter arising, and keep the money in a separate account or accounts to be applied in accordance with the obligations of the corporation as the court directs;

     (3) to require the corporation and the members of its board of directors to account as if they were the trustees of an express trust.




Sec. 18.55.230. Exemption of real property of corporation from execution or other process.
In conjunction with the exercise of a power authorized by AS 18.55.100 — 18.55.290, the real property of the corporation is exempt from levy and sale by execution. Execution or other judicial process may not issue against it and judgment against the corporation may not be a charge or lien upon its real property. However, this section does not limit the right of an obligee to foreclose or otherwise enforce a mortgage of the corporation or to pursue any remedy for the enforcement of a pledge or lien given by the corporation under AS 18.55.100 — 18.55.290 on its rents, fees, or revenues.


Sec. 18.55.240. Power of corporation to obtain federal aid and cooperation.
The corporation may borrow, accept contributions, grants, or other financial assistance from the federal government in aid of any housing or public building project and for this purpose may comply with conditions and enter into the mortgages, trust indentures, leases, or agreements that are necessary, convenient, or desirable in order to obtain financial aid or cooperation from the federal government in the undertaking, construction, maintenance, or operation of a housing or public building project authorized by AS 18.55.100 — 18.55.290.


Sec. 18.55.250. Property of corporation exempt from taxes and assessments.
The property owned by the corporation under the authority granted in AS 18.55.100 — 18.55.290 is public property used for essential public and governmental purposes, and is exempt from all taxes and special assessments of a municipality, the state, or a political subdivision of the state. However, instead of the payment of taxes on this property, the corporation may make payments to the municipality or political subdivision for improvements, services, and facilities furnished by it for the benefit of a housing or public building project.


Sec. 18.55.255. Disposal of surplus property.
 (a) In conjunction with the exercise of a power authorized by AS 18.55.100 — 18.55.290, the corporation may convey real or personal property that it determines is in excess of its needs. Except as provided in (b) and (c) of this section, the sale shall be by public auction or by sealed bids at a price not lower than the fair market value determined by an appraisal made within 180 days before the sale by a qualified appraiser. Public notice shall be given by publishing notice of the sale at least once a week for two consecutive weeks in a newspaper of general circulation within the area in which the property to be sold is located and by posting notice of sale in at least two public places in the area. In no event may the auction be held less than 30 days after the last day of publication. If acceptable bids are not received the corporation may sell the property at negotiated sale within six months after the date of the auction. A negotiated sale may not be made on an appraisal made more than nine months before the date of sale. The price at a negotiated sale may not be less than the appraised value.

 (b) Real or personal property of the corporation may be conveyed under (a) of this section to a state or federal agency or political subdivision for less than the appraised value without competitive bidding, upon a determination by the board that the terms are fair and proper and in the best interests of the state. Before authorizing a conveyance under this section, the board of directors of the corporation shall consider both the nature of the agency’s or political subdivision’s public services or functions and the terms under which the property was acquired by the corporation.

 (c) Property acquired or renovated to provide mental health community housing is not subject to the procedures of (a) or (b) of this section and may be conveyed for less than the fair market value to grantees selected by the Department of Health and Social Services upon terms and conditions consistent with grants administered by the Department of Health and Social Services under AS 47.30.520 — 47.30.620.

 (d) This section does not apply to property that is covered by AS 18.55.320 or 18.55.540.




Sec. 18.55.260. Legality of corporation’s bonds as investments.
Bonds of the corporation that are issued under AS 18.55.100 — 18.55.290 are legal and proper investments and security for public and private banking, insurance, and trust funds.


Sec. 18.55.270. Recommendations for legislation.
The corporation shall make recommendations for legislation or other action it considers necessary to carry out the purposes of AS 18.55.100 — 18.55.290.


Sec. 18.55.280. Public loans or donations to or cooperation with corporation.
 (a) In conjunction with the exercise by the corporation of a power authorized by AS 18.55.100 — 18.55.290, a public body, officer, or agency of the state may
     (1) lend or donate money or property to the corporation;

     (2) cooperate with it in the planning, construction, or operation of a public housing or public building project;

     (3) transfer to it an interest in property, grant an easement, and undertake otherwise authorized construction of facilities adjacent to a project;

     (4) furnish or improve otherwise authorized roads, streets, alleys, and sidewalks;

     (5) make exceptions from building codes, exercise its planning and zoning powers, and annex the site of a project;

     (6) contract to exercise its powers relating to repair, elimination, or closing of unsafe, insanitary, or unfit dwellings;

     (7) purchase the bonds of the corporation for a housing or public building project authorized by AS 18.55.100 — 18.55.290;

     (8) incur the entire expense of improvements made under AS 18.55.010 — 18.55.290;

     (9) agree with the corporation that a certain sum or that no sum shall be paid by the corporation to the public body, officer, or agency instead of taxes;

     (10) enter into agreements respecting exercise of a power granted in AS 18.55.100 — 18.55.290 if that agreement is approved and executed by the public body or municipality in or adjacent to the project before the project is constructed; and

     (11) in general do all things necessary or convenient to cooperate in the planning, construction, or operation of a project.

 (b) A sale, conveyance, lease, or agreement under this section may be made without appraisal, public notice or advertisement or bidding. A public body may exercise the powers granted in this section by resolution or ordinance by a majority of the members of the governing body present at the meeting at which it is introduced, and the resolution or ordinance takes effect immediately without publishing or posting.




Sec. 18.55.288. Definitions.
In AS 18.55.010 — 18.55.290,
     (1) “corporation” means the Alaska Housing Finance Corporation;

     (2) “project site” means area devoted for a housing project;

     (3) “public building” means a publicly owned structure leased to the state for governmental, public, or educational use.




Sec. 18.55.290. Short title.
AS 18.55.010 — 18.55.290 may be cited as the Housing Project and Public Building Assistance Act.


Article 2. Moderate Cost and Rental Housing.


Sec. 18.55.300. Declaration of purpose.
The legislature declares that in addition to an acute shortage of low-income rental housing there is a serious shortage of moderate-cost and rental housing for families of the state, endangering their health and constituting a menace to the health, safety, morals, welfare, and comfort of the people of the state and a serious deterrent to the development of the state, and that this situation constitutes an emergency requiring positive action by the legislature.


Sec. 18.55.310. Powers and duties of corporation.
The corporation shall construct, protect, operate, maintain, rent, and sell at the places in the state that it considers most appropriate moderate-cost or rental housing facilities and projects for veterans and other residents of the state. For this purpose the corporation may accept money from any source, including the federal government, and may enter into appropriate contracts, including contracts with the federal government.


Sec. 18.55.320. Sale of surplus property.
 (a) The corporation may sell a property held by it under AS 18.55.300 — 18.55.470 that it finds is in excess of its needs. The sale shall be by public auction or by sealed bids at a price not lower than the fair market value determined by an appraisal made within 180 days of the sale by a qualified appraiser. Public notice shall be given by publishing notice of the sale at least once a week for two consecutive weeks in a newspaper of general circulation within the area in which the property to be sold is located and by posting notice of sale in at least two public places in the area. In no event shall the auction be held less than 30 days after the last day of publication. If no acceptable bids are received the corporation may sell the property at negotiated sale, within six months of the date of auction. A negotiated sale may not be made on an appraisal made more than nine months before the date of sale. The price at a negotiated sale may not be less than the appraised value except as provided in (b) of this section.

 (b) The sale may be made to a state or federal agency or political subdivision for less than the appraised value without competitive bidding as required in (a) of this section if the board determines that it is in the best interests of the public with due consideration given to the nature of the public services or functions rendered by the agency or political subdivision making application and of the terms under which the land was acquired.




Sec. 18.55.330. Preference to veterans.
The corporation shall initially offer 50 percent of the dwelling units in a housing project held by it under AS 18.55.300 — 18.55.470 for rent or sale to veterans. The offer shall be by publication of reasonable notice in a newspaper circulated in the area in which the housing project is located. The corporation shall set aside these units for rental or sale to veterans for at least 30 days following first publication of the notice before making them available to other residents. If, after an additional 30 days a unit remains unassigned, the corporation may rent or sell it to any person in the state, provided that residents have first preference.


Sec. 18.55.340. Care, operation, maintenance, and rental of housing.
The corporation has control over and is responsible for the care, operation, maintenance, and rental or sale of the housing held by it under AS 18.55.300 — 18.55.470. It may enter into appropriate arrangements for carrying out this responsibility and for safeguarding the interest of the state.


Sec. 18.55.350. Availability of housing units.
The corporation shall make the housing units held by it under AS 18.55.300 — 18.55.470 available for rental to eligible persons upon application in the form it prescribes, and at the moderate rentals that it considers proper, or for sale at the prices and subject to the terms and conditions that it considers fair and equitable. The corporation shall use the money it receives from the sale of housing or housing projects held by it under AS 18.55.300 — 18.55.470, and the revenue from rentals, after payment of obligations and deductions for proper expenses of maintenance and operation, for the construction of further housing, under the terms of AS 18.55.300 — 18.55.470.


Sec. 18.55.360. Alaska State Housing Authority Revolving Fund. [Repealed, § 72 ch 113 SLA 1982.]
Sec. 18.55.370. Use of money.
Money appropriated or made available under AS 18.55.300 — 18.55.470 may be used by the corporation to make
     (1) character loans, not exceeding $500 for each dwelling, to residents or cooperatives for the improvement, conversion, or construction of dwellings in remote areas for occupancy by the residents or members of the cooperatives;

     (2) loans for moderate-cost or rental housing facilities and projects to public agencies, or private nonprofit or limited dividend corporations, or private corporations or cooperatives organized under AS 10.15.005 — 10.15.600 that are regulated or restricted by the corporation until the termination of all loan obligations to it as to rents or sales, charges, capital structure, rate of return, and methods of operation to the extent and in the manner that provides reasonable rentals to tenants and a reasonable return on the investment; loans to cooperatives may be made for up to 95 percent of the appraised value of the housing facility.




Sec. 18.55.375. Investment of state surplus. [Repealed, § 33 ch 141 SLA 1988.]
Sec. 18.55.380. Corporation may use powers under other laws.
The corporation may invoke a power given to it under any statute, including the powers of eminent domain and those relating to the issuance of bonds and obligations with respect to a project undertaken or loan made or to be made under the authorization provided in AS 18.55.300 — 18.55.470.


Sec. 18.55.390. Limitation on corporation’s power.
The power of the corporation to act under AS 18.55.300 — 18.55.470 is limited to projects in which adequate financing on reasonable terms is not otherwise available or entrepreneurial sponsorship is lacking.


Sec. 18.55.400. Expenditure of money.
The corporation may spend the portion of the money appropriated under AS 18.55.300 — 18.55.470 that it considers advisable, either directly or in cooperation with educational institutions or government agencies, to develop, through study, research, and analysis, information regarding low cost building supplies, materials, and methods of construction, and to disseminate this information.


Sec. 18.55.410. Power to sell, transfer, or dispose of projects.
The corporation may at any time sell, transfer, or otherwise dispose of a housing project under AS 18.55.300 — 18.55.470 to the federal government, provided the corporation is completely relieved of all obligations assumed or guaranteed by it in connection with the housing project. Upon the disposal, the provisions of AS 18.55.300 — 18.55.470 no longer apply to the housing project.


Sec. 18.55.420. Regulations; allocation of units and projects.
The corporation may
     (1) adopt and enforce reasonable rules and regulations under AS 18.56.088 to carry out the purposes of AS 18.55.300 — 18.55.470; and

     (2) determine the allocation of dwelling units and projects constructed in a municipality on the basis of the municipality’s population or the demand or potential demand for dwelling units in it.




Sec. 18.55.430. Authority to submit annual report. [Repealed, § 140 ch 4 FSSLA 1992.]
Sec. 18.55.440. Additional powers to acquire land or interests in land.
For the purpose of carrying out AS 18.55.300 — 18.55.470, the corporation may acquire by purchase, lease, condemnation, or otherwise,
     (1) land and appurtenances to land necessary or desirable for the establishment, construction, and operation of moderate cost and moderate rental housing;

     (2) rights-of-way or easements for roads, streets, trails, utilities, power lines, and other similar facilities necessary and desirable for the proper establishment, operation, and maintenance of a housing project.




Sec. 18.55.450. Ability to accept land and other property.
The corporation may accept land, a building, property, or equipment that is available from an executive department, independent establishment or agency of the federal government or the state, or a municipality, for the purpose of carrying out AS 18.55.300 — 18.55.470.


Sec. 18.55.460. Preference for state professional and contractors’ services.
In planning, designing, and constructing projects under AS 18.55.300 — 18.55.470, the corporation shall use professional and contractor services of state residents as far as practicable and shall encourage the use of local building materials.


Sec. 18.55.470. Definitions.
In AS 18.55.300 — 18.55.470,
     (1) “corporation” means the Alaska Housing Finance Corporation;

     (2) “moderate cost” means a cost determined by the corporation that is below the level at which private enterprise is currently building a needed volume of reasonably safe and sanitary dwellings for sale in the locality involved;

     (3) “moderate rental” means a rental rate determined by the corporation that is below the level at which the dwellings are currently being offered for rent by private persons in the locality involved;

     (4) “veteran” means a person
          (A) honorably separated from the military service of the United States who has at any time resided continuously for at least one year in the state and who served in the armed forces of the United States for at least 90 days or whose service was for less than 90 days because of injury or disability incurred in the line of duty,
               (i) between September 16, 1940, and July 25, 1947;

               (ii) between June 25, 1950, and January 31, 1955;

               (iii) between August 4, 1964, and November 7, 1975;

               (iv) between August 2, 1990, and January 2, 1992;

               (v) beginning September 11, 2001, and ending on the day prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; or

               (vi) during any of the time periods listed in 5 U.S.C. 2108(1);

          (B) who served in the Alaska Territorial Guard for at least 90 days or whose service was for less than 90 days because of injury or disability incurred in the line of duty, and who has at any time resided continuously for at least one year in the state;

          (C) who is the spouse or widow or widower of a person described under (A) or (B) of this paragraph.




Article 3. Slum Clearance and Redevelopment Act.


Sec. 18.55.480. Findings and declaration of necessity.
The legislature finds and declares that
     (1) slum and blighted areas exist in localities throughout the state and they constitute a serious and growing menace, injurious and inimical to the public health, safety, morals, and welfare of the residents of the state;

     (2) the existence of these slum and blighted areas contributes substantially and increasingly to the spread of disease and crime, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, punishment, and the treatment of juvenile delinquency and for the maintenance of adequate police, fire, and accident protection and other public services and facilities, and constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, and retards the provisions of housing accommodations;

     (3) this menace is beyond remedy and control solely by regulatory process in the exercise of the police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided in AS 18.55.480 — 18.55.960;

     (4) the elimination of slum conditions or conditions of blight, the acquisition and preparation of land in or necessary to the redevelopment of slum or blighted areas and its sale or lease for development or redevelopment in accordance with comprehensive plans and redevelopment plans of municipalities, and any assistance that may be given by any public body in connection therewith are public uses and purposes for which public money may be expended and private property acquired; and

     (5) the necessity in the public interest for the provisions of AS 18.55.480 — 18.55.960 is a matter for legislative determination.




Sec. 18.55.490. Legislative intent.
It is the intent of the legislature in AS 18.55.480 — 18.55.960 to take advantage of 42 U.S.C. 1441 — 1469c (Title I of the Housing Act of 1949 (P.L. 81-171; 63 Stat. 413)), as amended.


Sec. 18.55.500. Interest of members of board of directors or employees of corporation in project prohibited.
 (a) A member of the board of directors or employee of the corporation may not voluntarily acquire an interest, direct or indirect, in a redevelopment project or in property included or planned by the corporation to be included in a redevelopment project, or in a contract or proposed contract in connection with a project. If the acquisition is not voluntary the member or employee shall immediately disclose the interest in writing to the corporation and the disclosure shall be entered upon the minutes of the corporation.

 (b) If a member of the board of directors or employee of the corporation owns or controls or owned or controlled within the preceding two years an interest, direct or indirect, in property that the member or employee knows is included or planned by the corporation to be included in a redevelopment project, the member or employee shall immediately disclose the interest in writing to the corporation and the disclosure shall be entered upon the minutes of the corporation, and the member or employee may not participate in an action by the corporation affecting the property.

 (c) A violation of this section constitutes misconduct in office or dereliction of duties of employment or both.




Sec. 18.55.510. Finding of necessity by municipality.
 (a) The corporation may not transact business or exercise its powers under AS 18.55.480 — 18.55.960 in a municipality until the governing body approves by resolution the exercise in the municipality of the powers, functions, and duties of the corporation under AS 18.55.480 — 18.55.960.

 (b) The governing body of a municipality may not adopt a resolution under (a) of this section unless it finds that
     (1) one or more slum or blighted areas exist in the municipality; or

     (2) the redevelopment of the slum or blighted area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality.

 (c) When the governing body of a municipality adopts the resolution, it shall promptly notify the corporation.




Sec. 18.55.520. Powers of the corporation.
In addition to all powers previously vested in or granted to the corporation by any other law, the corporation has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of AS 18.55.480 — 18.55.960, including the following powers:
     (1) to prepare or have prepared and to recommend redevelopment plans to the governing body of any municipality within its area of operation and to undertake and carry out redevelopment projects within its area of operation;

     (2) to arrange or contract for the furnishing or repair, by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with a redevelopment project; and notwithstanding anything to the contrary contained in AS 18.55.480 — 18.55.960 or any other provision of law, to agree to the conditions that it considers reasonable and appropriate that are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a redevelopment project, and to include a contract let in connection with a redevelopment project, provisions to fulfill any of these conditions it considers reasonable and appropriate;

     (3) within its area of operation,
          (A) to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent domain, or otherwise, any real or personal property or any interest in it, together with any improvements on it necessary or incidental to a redevelopment project;

          (B) to hold, improve, clear, or prepare for redevelopment the property it obtains under (A) of this paragraph;

          (C) to sell, lease, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real or personal property or any interest in it;

          (D) to enter into contracts with redevelopers of property containing covenants, restrictions, and conditions regarding the use of the property for residential, commercial, industrial, recreational purposes or for public purposes in accordance with the redevelopment plan and other covenants, restrictions, and conditions that the corporation considers necessary to prevent a recurrence of slum or blighted areas or to effectuate the purposes of AS 18.55.480 — 18.55.960;

          (E) to make any covenant, restriction, or condition of the foregoing contracts a covenant running with the land, and to provide appropriate remedies for a breach of the covenant, restriction, or condition, including the right in the corporation to terminate the contract and the interest in the property created under the contract;

          (F) to borrow money and issue bonds and provide security for loans or bonds;

          (G) to insure or provide for the insurance of real or personal property or operations of the corporation against risk or hazard, including the power to pay premiums on this insurance;

          (H) to enter into any contracts necessary to effectuate the purposes of AS 18.55.480 — 18.55.960; however, statutory provisions with respect to the acquisition, clearance, or disposition of property by another public body do not restrict the corporation or the other public body in these functions, unless the legislature has specifically so provided;

     (4) to invest money held in reserves or sinking funds or any money not required for immediate disbursement, in property or securities in which savings banks may legally invest money subject to their control, and to redeem its bonds at the redemption price established in the bonds or to purchase its bonds at less than redemption price; and all bonds redeemed or purchased shall be cancelled;

     (5) to borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, municipality, or other public body or from any sources, public or private, for the purposes of AS 18.55.480 — 18.55.960, to give the security required and to enter into and carry out contracts in connection with the transaction; notwithstanding the provisions of any other law, the corporation may include in a contract for financial assistance with the federal government for a redevelopment project those conditions imposed pursuant to federal law that the corporation considers reasonable and appropriate and which are not inconsistent with the purposes of AS 18.55.480 — 18.55.960;

     (6) to act through a member or another person designated by the corporation to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information; to administer oaths, and to issue commissions for the examination of witnesses who are outside the state or unable to attend before the corporation, or excused from attendance; to make available to appropriate agencies or public officials, including those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or unsanitary structures or eliminating slums or conditions of blight within its area of operation, its findings and recommendations with regard to any building or property where conditions exist that are dangerous to the public health, safety, morals, and welfare;

     (7) within its area of operation, to make or have made all surveys, appraisals, studies, and plans necessary to carry out the purposes of AS 18.55.480 — 18.55.960 and to contract or cooperate with persons or agencies, public or private, in the making and carrying out of the surveys, appraisals, studies, and plans;

     (8) to prepare plans and provide reasonable assistance for the relocation of families displaced from a redevelopment project area to the extent essential for acquiring possession of and clearing the area or parts of the area to permit the carrying out of the redevelopment project;

     (9) to make expenditures that are necessary to carry out the purposes of AS 18.55.480 — 18.55.960, and to make expenditures from money obtained from the federal government and the state, without regard to any other laws pertaining to the making and approval of appropriations and expenditures;

     (10) to exercise all or any part or combination of powers granted by this section;

     (11) with the approval of the local governing body,
          (A) before approval of an urban renewal or redevelopment plan, or approval of any modifications of the plan, to acquire real property in an urban renewal or redevelopment area, to demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses; and

          (B) to assume the responsibility to bear any loss that may arise as the result of the exercise of its powers under this paragraph in the event that the real property is not made part of the urban renewal or redevelopment project;

     (12) to prepare or have prepared and to recommend neighborhood development plans to the governing body of any municipality within its area of operation and to undertake and carry out neighborhood development projects within its area of operation.




Sec. 18.55.525. Neighborhood development projects.
 (a) A neighborhood development project, as undertaken and administered by the corporation, shall consist of urban renewal project undertakings and activities in one or more urban renewal areas that are planned and carried out on the basis of annual increments in accordance with 42 U.S.C. 1469 — 1469c (secs. 131 — 134, Title I, Housing Act of 1949), as amended.

 (b) The corporation shall adhere to the provisions of AS 18.55.480 — 18.55.960 in its planning and carrying out of a neighborhood development project.




Sec. 18.55.530. Preparation and approval of redevelopment plans.
 (a) Except as provided in AS 18.55.520(11), the corporation may not acquire real property for a redevelopment project unless the governing body of the municipality has approved the redevelopment plan, as prescribed in (i) of this section.

 (b) The corporation may not prepare a redevelopment plan for a redevelopment project area unless the governing body of the municipality has, by resolution, declared the area to be a slum or blighted area in need of redevelopment.

 (c) The corporation may not recommend a redevelopment plan to the governing body of the municipality until a general plan for the physical development of the municipality has been prepared.

 (d) The corporation may prepare or have prepared a redevelopment plan or any person or agency, public or private, may submit a redevelopment plan to the corporation. A redevelopment plan must be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements and the proposed land uses and building requirements in the redevelopment project area, and must include
     (1) the boundaries of the redevelopment project area, with a map showing the existing uses and conditions of the real property within those boundaries;

     (2) a land use plan showing proposed uses of the area;

     (3) information showing the standards of population densities, land coverage, and building intensities in the area after redevelopment;

     (4) a statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes, and ordinances;

     (5) a site plan of the area; and

     (6) a statement as to the kind and number of additional public facilities or utilities that will be required to support the new land uses in the area after redevelopment.

 (e) Before recommending a redevelopment plan to the governing body for approval, the corporation shall submit the plan to the planning commission, if any, of the area in which the redevelopment project area is located for review and recommendations as to its conformity with the general plan for the physical development of the area. The planning commission shall submit its written recommendations with respect to the proposed redevelopment plan to the corporation within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or, if recommendations are not received within 30 days, then without the recommendations, the corporation may recommend the redevelopment plan to the governing body of the municipality for approval.

 (f) Before recommending a redevelopment plan to the governing body for approval, the corporation shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the municipality and its environs that will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development and, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, slums, or conditions of blight, and the provision of adequate, safe, and sanitary dwelling accommodations.

 (g) The recommendation of a redevelopment plan by the corporation to the governing body shall be accompanied by
     (1) the recommendations, if any, of the planning commission concerning the redevelopment plan;

     (2) a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenues from its disposal to redevelopers;

     (3) a statement of the proposed method of financing the redevelopment project; and

     (4) a statement of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area.

 (h) The governing body shall hold a public hearing on the redevelopment plan or substantial modification of the redevelopment plan recommended by the corporation, after public notice by publication in a newspaper of general circulation in the municipality once each week for two consecutive weeks, the last publication to be at least 10 days before the date set for hearing, or, if there is no newspaper of general circulation, by posting the notice in three public places in the municipality at least 10 days before the date set for hearing. The notice must describe the time, place, and purpose of the hearing and must generally identify the area to be redeveloped under the plan. At the public hearing all interested parties shall be given a reasonable opportunity to express their views respecting the proposed redevelopment plan.

 (i) Following the hearing required by (h) of this section, the governing body may by ordinance initially approve a redevelopment plan if it finds that the plan is feasible and conforms with the general plan for the physical development of the area. Approval of subsequent modifications of the plan that do not involve substantive changes shall be by resolution. A redevelopment plan that has not been approved by the governing body when recommended by the corporation may again be recommended to it with any modifications considered advisable.

 (j) The corporation may modify a redevelopment plan at any time. However, if it is modified after the lease or sale of real property in the redevelopment project area, the redeveloper or the developer’s successor in interest affected by the proposed modification must consent to the modification. If the proposed modification will substantially change the redevelopment plan as previously approved by the governing body, the modification must similarly be approved by the governing body.

 (k) Notwithstanding any other provision of this chapter, if the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the governor has certified the need for disaster assistance under federal law, the local governing body may approve an urban renewal or redevelopment plan and an urban renewal or redevelopment project with respect to the area without regard to the provisions relating to relocation, conformance of the urban renewal or redevelopment plan with the general plan, and the provisions of this chapter requiring a general plan for the municipality and a public hearing on the urban renewal or redevelopment project or plan.




Sec. 18.55.540. Disposal of property in redevelopment project.
 (a) The corporation may sell, lease, exchange, or otherwise transfer real property or any interest in real property in a redevelopment project area to a redeveloper for residential, recreational, commercial, industrial, or other uses, or for public use in accordance with the redevelopment plan, subject to those covenants, conditions, and restrictions it considers in the public interest or to carry out the purposes of AS 18.55.480 — 18.55.960. However, the sale, lease, exchange, or other transfer, or an agreement relating to it, may be made only after, or subject to, the approval of the redevelopment plan by the governing body of the municipality. The real property shall be sold, leased, or transferred at its fair value for uses in accordance with the redevelopment plan although the fair value may be less than the cost of acquiring and preparing the property for redevelopment. In determining the fair value of real property for uses in accordance with the redevelopment plan, the corporation shall consider the uses and purposes required by the redevelopment plan, the restrictions upon, and the covenants, conditions, and obligations assumed by the redeveloper of the property, the objectives of the redevelopment plan for the prevention of the recurrence of slum or blighted areas, and the other matters the corporation specifies as appropriate. In fixing rentals and selling prices, the corporation shall consider appraisals of the property for these uses that are made by land experts employed by the corporation.

 (b) Before considering a redevelopment contract proposal, the corporation, by public notice published at least once a week for two consecutive weeks in a newspaper of general circulation in the municipality, or, if there is no newspaper of general circulation, by posting the notice in three public places in the municipality, shall invite proposals from, and make available all pertinent information to private redevelopers or to persons interested in undertaking the redevelopment of an area or any part of an area that the governing body has declared to be in need of redevelopment. The notice must identify the area and must state that the further information that is available may be obtained at the office of the corporation. The corporation shall consider all redevelopment proposals and the financial and legal ability of the prospective redevelopers to carry out their proposals and may negotiate with redevelopers for proposals for the purchase or lease of real property in the redevelopment project area. The corporation may accept the redevelopment contract proposal it considers in the public interest and in furtherance of the purposes of AS 18.55.480 — 18.55.960, provided that the corporation has given to the governing body at least 30 days’ written notice of its intent to accept the redevelopment contract proposal. Thereafter the corporation may execute a redevelopment contract in accordance with the provisions of (a) of this section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate the redevelopment contract. The corporation may, without regard to the foregoing provisions of this subsection, dispose of real property in a redevelopment project area to private redevelopers for redevelopment under the reasonable competitive bidding procedures it prescribes, subject to the provisions of (a) of this section.

 (c) The corporation may temporarily operate and maintain real property in a redevelopment project area pending the disposition of the property for redevelopment, without regard to the provisions of (a) and (b) of this section, for uses and purposes that it considers desirable even though not in conformity with the redevelopment plan.

 (d) A person owning land in the urban renewal area at the time of the approval of the urban renewal plan by the governing body of the municipality may, with approval of the governing body and under regulations, conditions, and limitations the corporation prescribes, be granted a preferred right to purchase or lease land within the redevelopment area. This preferred right shall be exercised within 15 days after public notice of the date of the intended leasing or sale of land within the area. Public notice shall be given in substantially the manner set forth in (a) of this section.




Sec. 18.55.550. Eminent domain.
 (a) The corporation may
     (1) acquire by eminent domain real property that it considers necessary within the boundaries of the redevelopment project or for its purposes under AS 18.55.480 — 18.55.960 after the adoption by it of a resolution declaring that the acquisition of the real property described in the resolution is necessary for those purposes; and

     (2) exercise the power of eminent domain in the manner provided in AS 09.55.240 — 09.55.460 or in the manner provided by other statutory provisions for the exercise of the power of eminent domain.

 (b) Property already devoted to a public use may be acquired in the same manner, provided that real property belonging to the municipality or the state may not be acquired without its consent.




Sec. 18.55.560. Acquisition and development of undeveloped vacant land.
Upon a determination, by resolution, of the governing body of the municipality that the acquisition and development of undeveloped vacant land not within a slum or blighted area is essential to the proper clearance or redevelopment of a slum or blighted area or a necessary part of the general slum clearance program of the municipality, the acquisition, planning, preparation for development or disposal of the land shall constitute a redevelopment project that may be undertaken by the corporation in the manner provided in AS 18.55.480 — 18.55.960. The determination by the governing body is a substitute for the declaration required by AS 18.55.530(b) but the determination may not be made until the governing body finds that
     (1) there is a shortage of decent, safe, and sanitary housing in the municipality;

     (2) the undeveloped vacant land will be developed for predominantly residential uses; and

     (3) the provisions of dwelling accommodations on the undeveloped vacant land is necessary to accomplish the relocation in decent, safe, and sanitary housing in the municipality, of families to be displaced from slum or blighted areas that are to be redeveloped.




Sec. 18.55.570. Issuance of bonds and notes.
 (a) The corporation may
     (1) issue bonds and notes from time to time for any of the purposes of AS 18.55.480 — 18.55.960, including the payment of principal and interest upon advances for surveys and plans for redevelopment projects;

     (2) issue refunding bonds for the purpose of the payment or retirement or in exchange for bonds previously issued by it;

     (3) issue the types of bonds and notes it determines, including bonds and notes on which the principal and interest are payable
          (A) exclusively from the income, proceeds, and revenues of the redevelopment project financed with the proceeds of the bonds or notes; or

          (B) exclusively from the income, proceeds, and revenue of any of its redevelopment projects whether or not they are financed in whole or in part with the proceeds of the bonds or notes; and

     (4) further secure the bonds or notes authorized by (1) — (3) of this subsection by a pledge of all or any part of a loan, grant, or contribution from the federal government or from another source, or by a mortgage of a redevelopment project of the corporation.

 (b) The members of the board of directors of the corporation or a person executing the bonds or notes authorized by (a) of this section are not liable personally on the bonds or notes by reason of the issuance of them. The bonds, notes, and other obligations of the corporation are not a debt of the municipality, the state, or the United States, and neither the municipality, the state, nor the United States is liable on them, nor are the bonds, notes, or obligations payable out of money or property other than those of the corporation acquired for the purposes of AS 18.55.480 — 18.55.960 and each bond and note shall state this on its face. A bond or note does not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds and notes of the corporation issued under AS 18.55.480 — 18.55.960 are declared to be issued for an essential public and governmental purpose and, together with interest on them and income from them, are exempt from all taxes.

 (c) Bonds and notes of the corporation issued under AS 18.55.480 — 18.55.960 shall be authorized by its resolution and may be issued in one or more series and shall bear the date or dates, be payable upon demand or mature at the time or times, bear interest at the rate or rates provided, be in the denomination or denominations, be in the form either coupon or registered, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption, with or without premium, which the resolution, its trust indenture, or mortgage provides.

 (d) Bonds and notes may be sold in the manner, on the terms, and at the price the corporation determines.

 (e) If a member of the board of directors or officer of the corporation whose signature appears on a bond, note, or coupon ceases to be a member or officer before the delivery of the bonds or notes, the signature is nevertheless valid and sufficient for all purposes as if the member or officer had remained in office until delivery. Any provision of law to the contrary notwithstanding, bonds and notes issued under AS 18.55.480 — 18.55.960 are negotiable.

 (f) In an action or proceeding involving the validity or enforceability of a bond or note or security for a bond or note issued under AS 18.55.480 — 18.55.960, where the bond or note recites in substance that it has been issued by the corporation to aid in financing a redevelopment project, the bond or note is conclusive proof that it has been issued for that purpose and the project is conclusively considered to have been planned, located, and carried out in accordance with the purposes and provisions of AS 18.55.480 — 18.55.960.




Sec. 18.55.580. Power of corporation to provide additional security for bonds.
 (a) In connection with the issuance of bonds or the incurring of obligations under leases, in order to secure the payment of the bonds or obligations, the corporation, in addition to its other powers, may
     (1) pledge all or a part of its gross or net rents, fees, or revenue from redevelopment projects to which its right exists or may come into existence;

     (2) mortgage all or a part of its real or personal property in a redevelopment project owned or later acquired;

     (3) covenant against pledging all or a part of its rents, fees, and revenue from redevelopment projects or against mortgaging all or a part of its real or personal property in a redevelopment project to which its right or title exists or may come into existence or against permitting or suffering a lien on the revenue or property, and covenant with respect to limitations on its right to sell, lease, or otherwise dispose of a redevelopment project or a part of a project, and covenant as to other, or additional debts or obligations that may be incurred by it;

     (4) covenant as to the bonds to be issued and as to the issuance of the bonds in escrow or otherwise, and as to the use and disposition of the proceeds, and provide for the replacement of lost, destroyed, or mutilated bonds, covenant against extending the time for the payment of its bonds or interest, and covenant for the redemption of the bonds and to provide the terms and conditions of redemption;

     (5) covenant, subject to the limitations contained in AS 18.55.480 — 18.55.960, as to the amount of revenue to be raised each year or other period of time by rents, fees, and other revenue, and as to their use and disposition, and create or authorize the creation of special funds for money held for operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of the money held in these funds;

     (6) prescribe the procedure by which the terms of a contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which consent may be given;

     (7) covenant as to the use, maintenance, and replacement of any or all of its real or personal property in a redevelopment project, the insurance to be carried and the use and disposition of insurance money, and warrant its title to that property;

     (8) covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of a covenant, condition, or obligation, and covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which the declaration and its consequences may be waived;

     (9) vest in any obligees of the corporation the right to enforce the payment of the bonds or any covenants securing or relating to the bonds;

     (10) vest in any obligee or obligees holding a specified amount in bonds the right, in the event of a default by the corporation, to take possession of and use, operate, and manage a redevelopment project or a part of a project, title to which is in the corporation, or money connected with a project, and to collect the rent and revenue arising from the project or part of the project and to dispose of the money in accordance with the agreement of the corporation with the obligees;

     (11) provide for the powers and duties of the obligees and limit their liability;

     (12) provide the terms and conditions upon which the obligees may enforce any covenant or rights securing or relating to the bonds;

     (13) exercise all or any part or combination of the powers granted in AS 18.55.480 — 18.55.960;

     (14) make the covenants and do any and all acts and things necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of the corporation, as will tend to make the bonds more marketable even if the covenants, acts, or things are not enumerated in this section.

 (b) The corporation may, by resolution, trust, indenture, mortgage, lease, or other contract confer upon an obligee holding or representing a specified amount in bonds, the right, in addition to all rights that may be conferred, upon the happening of an event of default as defined in the resolution or instrument, by an action or proceeding in a competent court
     (1) to have possession of a redevelopment project or part of one, title to which is in the corporation, surrendered to the obligee;

     (2) to obtain the appointment of a receiver of a redevelopment project or part of a project, title to which is in the corporation, and of the rents and profits from the project or part, and, if a receiver is appointed, the receiver may enter and take possession of, carry out, operate, and maintain the project or a part of the project and may collect and receive all fees, rents, revenue, or other charges thereafter arising from the project or part, and shall keep this money in a separate account and apply it in accordance with the obligations of the corporation as the court directs; and

     (3) to require the corporation, the members of its board of directors, officers, agents, and employees to account as if it and they were the trustees of an express trust.




Sec. 18.55.590. Remedies of obligee.
An obligee of the corporation may, in addition to all other rights that may be conferred on the obligee, subject only to contractual restrictions binding upon the obligee,
     (1) by mandamus, suit, action, or proceeding at law or in equity compel the corporation, the members of its board of directors, and its officers, agents, or employees to perform each and every term, provision, and covenant contained in a contract of the corporation with or for the benefit of the obligee, and require the carrying out of any or all those covenants and agreements of the corporation and the fulfillment of all duties imposed upon it by AS 18.55.480 — 18.55.960; and

     (2) by suit, action, or proceeding in equity enjoin any acts or things that may be unlawful, or in violation of any of the rights of the obligee of the corporation.




Sec. 18.55.600. Bonds as legal investment.
 (a) The following persons may legally invest sinking funds, money, and other funds belonging to them or within their control in the investments listed in (b) of this section:
     (1) all public officers, municipal corporations, political subdivisions, and public bodies;

     (2) all banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business;

     (3) all insurance companies, insurance associations, and other persons carrying on an insurance business; and

     (4) all executors, administrators, curators, trustees, and other fiduciaries.

 (b) The following investments are proper investments under (a) of this section: any bonds or other obligations issued by the corporation under AS 18.55.480 — 18.55.960 or by any public housing or redevelopment authority or commission, or agency or any other public body in the United States for redevelopment purposes, when the bonds and other obligations are secured by an agreement between the issuing agency and the federal government in which the issuing agency agrees to borrow from the federal government and the federal government agrees to lend to the issuing agency, before the maturity of the bonds or other obligations, money in an amount that, together with any other money irrevocably committed to the payment of interest on the bonds or other obligations, is sufficient to pay the principal of the bonds or other obligations with interest to maturity, if, under the terms of the agreement, the money is required to be used for the purpose of paying the principal and interest on the bonds or other obligations at their maturity. The bonds and other obligations shall be authorized security for all public deposits.

 (c) It is the purpose of this section to authorize any persons, political subdivisions, and officers, public or private, to use any funds owned or controlled by them for the purchase of any of the bonds or other obligations. However, nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.




Sec. 18.55.610. Conveyance to federal government on default.
In any contract for financial assistance with the federal government, the corporation may obligate itself to convey possession or title to the redevelopment project and land to the federal government, when the contract relates to the project and the land, upon the occurrence of a substantial default. This obligation is not a mortgage. The obligation is specifically enforceable. The contract may provide that in case of the conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the redevelopment project in accordance with the terms of the contract; however, it shall then require that, as soon as practicable after the federal government is satisfied that all defaults have been cured and that the redevelopment project will be operated in accordance with the terms of the contract, the federal government shall reconvey the redevelopment project to the corporation.


Sec. 18.55.620. Property exempt from taxes and execution.
 (a) All property held by the corporation for a purpose set out in AS 18.55.300 — 18.55.470 and in AS 18.55.480 — 18.55.960 is exempt from levy and sale by virtue of an execution, and an execution or other judicial process may not issue against it nor may judgment against it be a charge or lien upon its property. However, this subsection does not apply to or limit the right of an obligee to foreclose or otherwise enforce any mortgage of the corporation or to pursue remedies for the enforcement of a pledge or lien given by the corporation on its rents, fees, grants, or revenue.

 (b) The property held by the corporation for a purpose set out in AS 18.55.300 — 18.55.470 and in AS 18.55.480 — 18.55.960 is declared to be public property used for essential public and governmental purposes and the property is exempt from all taxes of the state or a political subdivision of the state. However, subject to (c) of this section, the corporation shall, from the time it acquires title to property in a redevelopment project until it sells, leases, or otherwise disposes of that property, make payment equal in amount and in lieu of taxes that would be assessed and paid to a political subdivision in which the property is situated if the property had not been acquired by the corporation. From the time the corporation sells, leases, or otherwise transfers the property, the obligation of the corporation to make payment in lieu of taxes shall cease and the property shall thereafter be taxable in the same manner as other property within the political subdivision, unless the property is exempt from taxation by law. The property sold, leased, or otherwise transferred by the corporation may be assessed for taxation on that part of the tax year during which it was not owned by the corporation, unless the property is exempt from taxation by law. Except for the payments required by this subsection, the power vested in the corporation to make payments in lieu of taxes under AS 18.55.250 or other law is not affected by this subsection.

 (c) Property for which payments are required under (b) of this section is limited to land and valuable improvements on the land, including buildings located on the property on the assessment date.

 (d) Payments for property under (b) of this section may not be required from the corporation unless the payments are eligible project costs under federal policy.




Sec. 18.55.630. Cooperation by public bodies.
 (a) For the purpose of aiding and cooperating in the planning, undertaking, or carrying out of a redevelopment project located within the area in which it is authorized to act, a public body may, upon terms, with or without consideration, as it determines,
     (1) dedicate, sell, convey, or lease any of its interest in a property, or grant easements, licenses, or other rights or privileges in the property to the corporation;

     (2) cause parks, playgrounds, or recreational, community, educational, water, sewer, or drainage facilities, or other works that it is otherwise empowered to undertake to be furnished in connection with a redevelopment project;

     (3) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places, that it is otherwise empowered to undertake;

     (4) plan or replan, or zone or rezone any part of the public body or make exceptions from building regulations and ordinances if the functions are of the character that the public body is otherwise empowered to perform;

     (5) cause administrative and other services to be furnished to the corporation of the character that the public body is otherwise empowered to undertake or furnish for the same or other purposes;

     (6) incur the entire expense of public improvements made by the public body in exercising the powers granted in this section;

     (7) do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan;

     (8) lend, grant, or contribute money to the corporation;

     (9) employ any money belonging to or within the control of the public body, including money derived from the sale or furnishing of property, service, or facilities to the corporation, in the purchase of the bonds or other obligations of the corporation and, as the holder of the bonds or other obligations, exercise the rights connected with them; and

     (10) enter into agreements, which may extend over any period, notwithstanding a provision or rule of law to the contrary, with the corporation respecting action to be taken by the public body under any of the powers granted by AS 18.55.480 — 18.55.960.

 (b) If at any time title to or possession of a redevelopment project is held by a public body or governmental agency, other than the corporation, authorized by law to engage in the undertaking, carrying out, or administration of redevelopment projects, including the federal government, the provisions of the agreement shall inure to the benefit of and may be enforced by the public body or governmental agency.

 (c) A sale, conveyance, lease, or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement, or public bidding.




Sec. 18.55.640. Report by the authority. [Repealed, § 140 ch 4 SLA 1992.]
Sec. 18.55.650. Title of purchaser of project property.
An instrument executed by the corporation and purporting to convey a right, title, or interest in property under AS 18.55.480 — 18.55.960 is conclusive evidence of compliance with the provisions of AS 18.55.480 — 18.55.960 insofar as title or other interest of a bona fide purchaser, lessee, or transferee of the property is concerned.


Sec. 18.55.660. Additional powers of governing body.
Whenever the corporation exercises its rights, powers, and duties under AS 18.55.480 — 18.55.960 in the area adjacent to a municipality, the governing body of the municipality may prepare or have prepared general plans for the physical development of the area if the preparation of those plans is not otherwise authorized by law and approve redevelopment plans, and lend or grant money and other assistance for the undertaking of redevelopment projects in the area and to take other action with respect to the area or redevelopment project area that is authorized or required by AS 18.55.480 — 18.55.960 of the governing body of the municipality.


Sec. 18.55.670. Preparation of general plan by local governing body.
The governing body of a municipality, not authorized to create a planning commission with power to prepare a general plan for the redevelopment of the municipality, may prepare a general plan before a redevelopment project is initiated under AS 18.55.480 — 18.55.960.


Sec. 18.55.680. Urban renewal projects; definition.
 (a) In addition to the power given under AS 18.55.480 — 18.55.960, the corporation may plan and undertake an urban renewal project. In AS 18.55.480 — 18.55.960 an urban renewal project includes undertaking and activity for the elimination and prevention of the development or spread of slums or blighted, deteriorated, or deteriorating areas. An urban renewal project may involve any work or undertaking for this purpose that constitutes a redevelopment project or any rehabilitation or conservation work or any combination of an undertaking or work.

 (b) Rehabilitation or conservation work includes
     (1) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements;

     (2) acquisition of real property and demolition, removal, or rehabilitation of buildings and improvements from it where necessary to eliminate unhealthful, insanitary, or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities;

     (3) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and

     (4) the disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part of property acquired in the area of the project; disposition shall be in the manner prescribed in AS 18.55.480 — 18.55.960 for the disposition of property in a redevelopment project area.




Sec. 18.55.690. Urban renewal plan; definition.
An urban renewal project undertaken pursuant to AS 18.55.680 shall be undertaken in accordance with an urban renewal plan for the area of the project. As used in AS 18.55.480 — 18.55.960 an “urban renewal plan” means a plan for an urban renewal project, which (1) conforms to the general plan for the municipality as a whole; and (2) is sufficiently complete to indicate the land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation that are proposed in the area of the urban renewal project, zoning, and planning changes, if any, land uses, maximum densities, building requirements, and the plan’s relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. An urban renewal plan shall be prepared and approved pursuant to the same procedure as provided in AS 18.55.480 — 18.55.960 for a redevelopment plan.


Secs. 18.55.695 — 18.55.698. Use of tax collections; loan agreements; taxation of leased property. [Repealed, § 31 ch 37 SLA 1986.]
Sec. 18.55.700. Powers with respect to urban renewal.
 (a) The corporation has all the powers necessary or convenient to undertake and carry out urban renewal plans and urban renewal projects, including the power to acquire and dispose of property, to issue bonds and other obligations, to borrow and accept grants from the federal government or other source, and to exercise the other powers granted to it by AS 18.55.480 — 18.55.960 with respect to redevelopment projects.

 (b) In connection with the planning and undertaking of an urban renewal plan or urban renewal project, the corporation, the municipality, and all public and private offices, agencies, and bodies have all the rights, powers, privileges, and immunities that they have with respect to a redevelopment plan or redevelopment project, in the same manner as though all of the provisions of AS 18.55.480 — 18.55.960 applicable to a redevelopment plan or redevelopment project were applicable to an urban renewal plan or urban renewal project. However, for the purpose of this subsection,
     (1) the word “redevelopment” as used in AS 18.55.480 — 18.55.960, except in this section and in the definition of “redevelopment project” in AS 18.55.950, means “urban renewal”;

     (2) the words “slum” and “blighted” as used in AS 18.55.480 — 18.55.960, except in this section and in the definitions in AS 18.55.950, mean “blighted, deteriorated, or deteriorating”; and

     (3) the finding required by AS 18.55.510(b) with respect to a blighted area is not required.

 (c) In addition to the surveys and plans that the corporation may otherwise make, it may make plans
     (1) for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and

     (2) for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements.

 (d) The corporation may develop, test, and report methods and techniques, and carry out demonstrations and other activities for the prevention and the elimination of slums and urban blight.




Sec. 18.55.710. Public bodies authorized to assist in urban renewal projects.
A municipality or other public body may, without limiting any provisions of AS 18.55.700, do any and all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project in the area in which it is authorized to act, including the furnishing of financial and other assistance as the municipality or public body is authorized by AS 18.55.480 — 18.55.960 for or in connection with a redevelopment plan or redevelopment project.


Sec. 18.55.720. Corporation may delegate functions to municipalities and public bodies.
The corporation may delegate to a municipality or other public body any of its powers or functions with respect to the planning or undertaking of an urban renewal project in the area in which the municipality or public body is authorized to act, and the municipality or public body may carry out or perform these powers and functions for the corporation.


Sec. 18.55.730. Agreements for exercising powers and granting assistance.
Any public body may enter into agreements that may extend over any period, notwithstanding any provision or rule of law to the contrary, with any other public body respecting action to be taken under any power granted by AS 18.55.480 — 18.55.960, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.


Sec. 18.55.740. Workable program.
The governing body of a municipality, or a public officer or public body, as it designates, may prepare a workable program, including an official plan of action, for effectively dealing with the problem of urban slums and blighted, deteriorated, or deteriorating areas within the community and for the establishment and preservation of a well-planned community with well-organized residential neighborhoods of decent homes and suitable living environment for adequate family life, for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to undertake any of these activities or other feasible activities that may be suitably employed to achieve the objectives of the program.


Sec. 18.55.750. Municipality may repair, etc., dwellings unfit for habitation.
When a municipality finds that a dwelling exists that is unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accident, or other calamity, lack of ventilation, light or sanitary facilities, or another condition, including one of those set out in AS 18.55.860 that makes the dwelling unsafe or insanitary, or dangerous or detrimental to the health, safety, or morals, or otherwise inimical to the welfare of the residents of the municipality, the municipality may require or cause the repair, closing, or demolition or removal of the dwelling in the manner provided in AS 18.55.480 — 18.55.960.


Sec. 18.55.760. Ordinances relating to unfit dwellings.
Upon the adoption of an ordinance finding that dwelling conditions of the character described in AS 18.55.750 exist in a municipality, its governing body may adopt an ordinance relating to dwellings that are unfit for human habitation.


Sec. 18.55.770. What ordinance must include.
An ordinance adopted under AS 18.55.760 must provide that the corporation must exercise the powers prescribed by the ordinance. The ordinance must also contain the provisions set out in AS 18.55.780 — 18.55.850.


Sec. 18.55.780. Petition or finding that dwelling is unfit and filing of complaint.
When at least five residents file a petition charging that a dwelling is unfit for human habitation or when it appears to a public officer that a dwelling is unfit for human habitation, the public officer shall conduct a preliminary investigation, and if the investigation discloses a basis for the charges, the public officer shall issue and have served upon the owner, every mortgagee of record, and all parties in interest in the dwelling, including those in possession, a complaint stating the charges.


Sec. 18.55.790. Pleadings and hearing.
The complaint must contain a notice of a hearing before the corporation or designated agent and the time and place fixed for the hearing. The hearing shall be not less than 10 days nor more than 30 days after the service of the complaint. The complaint must state that the parties in interest may file an answer to the complaint, appear and give testimony at the place and time fixed in the complaint.


Sec. 18.55.800. Rules of evidence do not control in hearings before the corporation.
The rules of evidence in judicial proceedings are not controlling in hearings before the corporation.


Sec. 18.55.810. Findings and order.
If, after the hearing, the executive director of the corporation determines that the dwelling is unfit for human habitation, the executive director shall state the findings of fact in support of the determination in writing and shall issue and have served upon the owner an order which,
     (1) if the dwelling can be repaired, altered, or improved at a reasonable cost in relation to its value, shall require the owner, within the time specified in the order, to repair, alter, or improve the dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or

     (2) if the dwelling cannot be repaired, altered, or improved at a reasonable cost in relation to its value, shall require the owner, within the time specified in the order, to remove or demolish the dwelling.




Sec. 18.55.820. Ordinance to fix percentage of cost as reasonable.
The ordinance of the municipality must fix the percentage of the cost of repair, alteration, or improvement for the purpose of determining whether the cost is reasonable within the meaning of AS 18.55.810.


Sec. 18.55.830. Failure of owner to comply with order.
 (a) If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the dwelling, the corporation may have the dwelling repaired, altered or improved, or vacated.

 (b) If the owner fails to comply with an order to remove or demolish the dwelling, the corporation may have the dwelling removed or demolished.




Sec. 18.55.840. Costs of repair, etc., are a lien.
If the corporation has the dwelling repaired, altered, improved, vacated and closed, removed or demolished, the costs, including costs of the proceeding and necessary attorney fees, constitute a lien against the real property and the lien may be foreclosed in the manner provided or authorized by law for loans secured by liens on real property.


Sec. 18.55.850. Disposition of material where dwelling is removed or demolished.
If the corporation removes or demolishes the dwelling, it shall sell the materials and shall credit the proceeds of the sale against the costs of the removal or demolition. If there is a surplus remaining, the corporation shall return it to the parties entitled to it as determined by a judicial proceeding brought by the corporation. The court shall determine the cost incurred by the corporation in this judicial proceeding including its necessary attorney fees, and shall deduct the cost from the surplus.


Sec. 18.55.860. Ordinance to give corporation power to determine fitness of dwellings for habitation.
 (a) The ordinance adopted by a municipality under AS 18.55.480 — 18.55.960
     (1) must provide that the corporation may determine that a dwelling is unfit for human habitation if it finds that conditions exist that
          (A) are dangerous or injurious to the health, comfort, safety, or morals of the occupant of the dwelling, the occupants of neighboring dwellings or other residents of the municipality; or

          (B) have a blighting influence on properties in the area;

     (2) may provide additional standards to guide the corporation in determining the fitness of a dwelling for human habitation.

 (b) The conditions sufficient to support a finding under (a)(1) of this section include the following, without limitation:
     (1) defects increasing the hazards of fire, accident, or other calamity;

     (2) lack of adequate ventilation, light, or sanitary facilities, or an adequate heating source;

     (3) dilapidation;

     (4) disrepair;

     (5) structural defects;

     (6) uncleanliness;

     (7) overcrowding;

     (8) inadequate ingress and egress;

     (9) inadequate drainage; or

     (10) a violation of health, fire, building, or zoning regulations, or any other laws or regulations, relating to the use of land and the use and occupancy of buildings and improvements.




Sec. 18.55.870. Manner of serving parties in interest.
The corporation shall serve complaints and orders issued in accordance with AS 18.55.480 — 18.55.960 upon all parties in interest either personally or by registered mail. If, after the exercise of reasonable diligence, the corporation cannot find a party, it shall make an affidavit to that effect, and it may then effect service by publishing the complaint or order once each week for two consecutive weeks in a newspaper printed and published in the municipality, or, if there is none, in a newspaper printed and published in the state and circulated in the municipality in which the dwelling is located. The corporation shall also post a copy of the complaint or order in a conspicuous place on the premises affected and file a copy with the clerk of the superior court in the judicial district in which the dwelling is located. The filing of the complaint or order with the clerk has the same effect as other lis pendens notices provided by law.


Sec. 18.55.880. Injunction to prevent corporation from proceeding.
A person affected by an order issued by the corporation may, within 60 days from the date the order is posted and served, petition the superior court for an injunction restraining the corporation from carrying out the provisions of the order, and the court may, upon the petition, issue a temporary injunction restraining the corporation from proceeding until it disposes of the matter. The court shall hear the petition within 20 days from the date it is filed, or as soon after filing as possible. A petition for an injunction under this section shall be given preference over other matters on the court calendar. The court shall hear and determine the issues raised and shall enter a final order or decree in the proceeding. The findings of fact by the corporation, if supported by evidence, are conclusive. Costs shall be awarded in the discretion of the court.


Sec. 18.55.890. Remedies provided are exclusive.
The remedies provided in AS 18.55.880 are exclusive and a person affected by an order of the corporation may not recover damages for an action taken under an order of the corporation, or because the person complies with an order of the corporation.


Sec. 18.55.900. Ordinance may give corporation additional powers.
An ordinance adopted by the governing body of the municipality may authorize the corporation to exercise those powers that are necessary or convenient to carry out the purposes of AS 18.55.480 — 18.55.960 including the power to:
     (1) investigate the dwelling conditions in the municipality in order to determine which dwellings are unfit for human habitation;

     (2) administer oaths and affirmations, examine witnesses, and receive evidence;

     (3) enter upon premises for the purpose of making examinations, if the entry is made in the manner that causes the least possible inconvenience to the person in possession, or, if entry is denied, obtain a court order for this purpose;

     (4) appoint and fix the duties of the officers, agents, and employees that the corporation considers necessary to carry out the purposes of the ordinance; and

     (5) delegate functions and powers under the ordinance to the officers, agents and employees whom the corporation designates.




Sec. 18.55.910. Municipality to prepare estimate of costs of administration.
After adopting an ordinance under AS 18.55.750 — 18.55.930 the governing body of the municipality shall as soon as possible prepare an estimate of the annual expenses necessary to provide the equipment, personnel, and supplies for periodic examinations and investigations of dwellings for the purpose of determining their fitness for human habitation, and for the enforcement and administration of ordinances of the municipality.


Sec. 18.55.920. AS 18.55.750 — 18.55.930 not a limitation on municipalities.
AS 18.55.750 — 18.55.930 do not limit the power of a municipality to enforce its ordinances or regulations, and to prevent or punish violations of them, or to define and declare nuisances and have them removed or abated. The powers granted by AS 18.55.750 — 18.55.930 are in addition to the powers granted by any other law.


Sec. 18.55.930. Powers of a municipality to control use and occupancy of dwellings.
A municipality may, by ordinance adopted by its governing body,
     (1) prescribe minimum standards for the use and occupancy of dwellings inside its boundaries;

     (2) prevent the use or occupancy of a dwelling that is injurious to the public health, safety, morals or welfare; and

     (3) prescribe punishment for the violation of the ordinance.




Sec. 18.55.932. Urban redevelopment or urban renewal in a disaster area.
 (a) Notwithstanding any other provisions in AS 18.55.480 — 18.55.960, when the legal governing body certifies that an area is in need of redevelopment or urban renewal as a result of the earthquakes of 1964 and all results and aftereffects respecting which the governor has certified the need for disaster assistance, the corporation may plan, undertake, and carry out a redevelopment project or an urban renewal project in the disaster area and the area shall constitute a slum or blighted area.

 (b) In connection with the carrying out of a project under this section, the corporation may, with the approval of the local governing body and before the approval of the redevelopment plan or urban renewal plan, acquire real property in the project area, demolish and remove any structure on the property, and pay all costs related to the acquisition, demolition, or removal, including administrative or relocation expenses.

 (c) The governing body, when the corporation acquires land under (b) of this section, may assume the responsibility to bear any loss that may result from the acquisition in the event that the real property is not made part of the project.

 (d) Real property acquired under this section that is not made a part of the project may be disposed of without regard to AS 18.55.540 if the local governing body has consented to the disposal.

 (e) The corporation, in carrying out a project under this section, may recommend to the local governing body a redevelopment plan or an urban renewal plan without regard to the requirement in AS 18.55.530(c) that a general plan for the physical development of the municipality has been prepared before the recommendation, and the governing body may approve the plan without regard to the requirement in AS 18.55.530(i) that the plan conform with the general plan for the physical development of the area.

 (f) For the purpose of this section, the corporation may file and use a declaration of taking and acquire real property as provided in AS 09.55.420 — 09.55.460.

 (g) The provisions of this section apply whenever an area has been declared by the President of the United States to be a disaster area and the legal governing body certifies that the need of the area for redevelopment or urban renewal has been substantially increased as a result of the natural disaster and all results and aftereffects respecting which the governor has also certified the need for disaster assistance.




Sec. 18.55.934. State aid for an urban redevelopment or urban renewal project in a disaster area.
 (a) In connection with any project carried out under AS 18.55.932, the commissioner of commerce, community, and economic development may contract with the corporation, under terms approved by the governor, to provide a state grant-in-aid equal to one-half the excess of the cost of the project, as determined by the commissioner, over the federal grant-in-aid.

 (b) [Repealed, § 16 ch 20 SLA 2002.]
 (c) For purposes of this section, “cost of the project” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project. These include, but are not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction and improvement of real property and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary.




Sec. 18.55.940. Inconsistent provisions superseded.
Insofar as the provisions of AS 18.55.480 — 18.55.960 are inconsistent with any other law, the provisions of AS 18.55.480 — 18.55.960 shall control.


Sec. 18.55.945. Limitation. [Repealed, § 31 ch 37 SLA 1986.]
Sec. 18.55.950. Definitions.
In AS 18.55.480 — 18.55.960, unless the context otherwise requires,
     (1) “area of operation” means the State of Alaska;

     (2) “blighted area” means an area, other than a slum area, that by reason of the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or improvements, tax or special assessment delinquency exceeding the fair value of the land, improper subdivision or obsolete platting, or the existence of conditions that endanger life or property by fire and other causes, or any combination of these factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its condition and use;

     (3) “bond” means any bond, note, interim certificate, debenture, or other obligation issued by the corporation under AS 18.55.570;

     (4) “corporation” means the Alaska Housing Finance Corporation;

     (5) “dwelling” means a building or structure or part of a building or structure used and occupied for human habitation or intended to be so used, and includes an appurtenance belonging to the building or structure or usually enjoyed with it;

     (6) “federal government” includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America;

     (7) “governing body” means the legislative body of a municipality;

     (8) “obligee” includes a bondholder, agent or trustee for a bondholder, or lessor demising to the corporation property used in connection with a redevelopment project, or an assignee of the lessor’s interest or a part of the interest, and the federal government when it is a party to a contract with the corporation;

     (9) “public body” means the state or a municipality;

     (10) “real property” includes all land, including improvements and fixtures on it, and property of any nature appurtenant to it, or used in connection with it, and every estate, interest, and right, legal or equitable, in it, including a term for years, a lien, and indebtedness secured by a lien;

     (11) “redeveloper” means a person, partnership, or public or private corporation or agency that enters or proposes to enter into a redevelopment contract;

     (12) “redevelopment contract” means a contract between the corporation and a redeveloper for the redevelopment of an area in accordance with a redevelopment plan;

     (13) “redevelopment plan” means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation, or future use of a redevelopment project area;

     (14) “redevelopment project” includes the preparation of a redevelopment plan, the planning, survey, and other work incident to a redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project, and means a work or undertaking
          (A) to acquire all or a portion of a slum area or a blighted area, including lands, structures, or improvements that are necessary or incidental to the clearance or redevelopment of the area or to the prevention of the spread or recurrence of slum conditions or conditions of blight;

          (B) to clear a slum or blight area by demolishing or removing buildings, structures, streets, utilities, or other improvements and to install, construct, or reconstruct streets, utilities, and site improvements necessary to prepare sites for use in accordance with a redevelopment plan;

          (C) to sell, lease, or otherwise make available land in a slum or blight area for residential, recreational, commercial, industrial, or other use or for public use or to retain the land for public use, in accordance with a redevelopment plan;

     (15) “slum area” means an area where buildings predominate that, by reason of dilapidation, deterioration, age or overcrowding, lack of ventilation, light, air, sanitation, or the existence of conditions that endanger life or property by fire or other causes, or a combination of these factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, and is detrimental to the public health, safety, morals or welfare.




Sec. 18.55.960. Short title.
AS 18.55.480 — 18.55.960 may be cited as the Slum Clearance and Redevelopment Act.


Secs. 18.55.970 — 18.55.990. Planning assistance. [Repealed, § 10 ch 200 SLA 1972.]

Article 4. Regional Native Housing Authorities.


Sec. 18.55.995. Purpose and intent.
The legislature finds that an acute shortage of housing and related facilities exists in the villages of the state and that adequate housing cannot be provided by the private sector due to the economic depression that exists in most villages of the state. It is the purpose and intent of the legislature to provide a means for certain Native associations to form public corporations with the powers and duties comparable to those provided in AS 18.55.100 — 18.55.960.


Sec. 18.55.996. Creation of authorities.
 (a) The following associations are given the authority specified in (b) of this section:
     (1) Arctic Slope Native Association (Barrow and Point Hope);

     (2) Kawerak, Inc. (Seward Peninsula, Unalakleet, St. Lawrence Island);

     (3) Northwest Alaska Native Association (Kotzebue);

     (4) Association of Village Council Presidents (southwest coast of Alaska including all villages in the Bethel area and all villages on the Lower Yukon River and Lower Kuskokwim River);

     (5) Tanana Chiefs Conference (Koyukuk, the middle and upper Yukon River villages, and the upper Kuskokwim and Tanana River villages);

     (6) Cook Inlet Tribal Council (Kenai, Tyonek, Eklutna, and Seldovia);

     (7) Bristol Bay Native Association (Dillingham, Upper Alaska Peninsula);

     (8) Aleut League (Aleutian Islands, Pribilof Islands, and that part of the Alaska Peninsula that is in the Aleut League);

     (9) North Pacific Rim Native Corp. (Cordova, Tatitlek, Port Graham, English Bay, Valdez, Seward, Eyak, and Chenega);

     (10) Tlingit-Haida Central Council or Alaska Native Brotherhood (Southeastern Alaska);

     (11) Kodiak Area Native Association (all villages on and around Kodiak Island);

     (12) Copper River Native Association (Copper Center, Glennallen, Chitina, and Mentasta);

     (13) Alaska Federation of Natives, Inc.;

     (14) Sitka Community Association (Baranof and Japonski Island);

     (15) Metlakatla Indian Community (Metlakatla);

     (16) Ketchikan Indian Corporation (Ketchikan area, excluding Saxman).

 (b) There is created with respect to each of the associations named in (a) of this section a public body corporate and politic to function in the operating area of the individual associations to be known as the regional housing authority of the associations possessing all powers, rights, and functions now or subsequently specified under AS 18.55.100 — 18.55.290, except those specified with respect to the construction and acquisition of public buildings for lease to the state or any authority that is inconsistent with AS 18.55.995. A regional housing authority may enter into agreements with local government, other political subdivisions of the state, the state or the federal government for the exercise of a function or power relating to construction, operation, and maintenance of public facilities or public utilities. Upon execution of an agreement and for the period of the agreement the regional housing authority shall have the same powers and functions relating to the subject matter of the agreement as those that may legally be exercised by the governmental unit with whom the agreement is made including the authority to separately or together with the other unit borrow money and issue notes, bonds, or other evidence of indebtedness to finance a project within the scope of the agreement subject to the express limitations, if any, contained in the agreement. All obligations or liabilities of the regional housing authority shall remain their own and are not obligations or liabilities of the state.

 (c) A housing authority created by this section may not transact business or exercise powers granted to it until the governing body of the named association has, by proper resolution, declared that there is a need for the authority to function, gives it the authority to function and has named its commissioners as provided under (d) of this section.

 (d) The governing body of the association in question shall, after determining that it wishes to have a regional native housing authority, appoint five persons to serve as the board of commissioners of the authority. The term of office of each member is for three years except that, of the commissioners first appointed, one shall serve for a term of one year and two shall serve for a term of two years. Vacancies shall be filled by the governing body of the association in question.

 (e) Questions arising as to jurisdiction and boundary disputes as a result of the jurisdictional lines set out by (a) of this section shall be resolved by the governing board of the Alaska Federation of Natives.

 (f) The authority shall have the power to acquire, construct, operate, and maintain group homes, multipurpose community centers, child care centers, and other community facilities.

 (g) If an activity associated with the planning, financing, construction, or operation of a project by a regional housing authority established in this section and authorized under AS 18.55.100 — 18.55.290 conflicts with an activity of the Alaska Housing Finance Corporation, the governing body of the municipality in which the project is located shall resolve the conflict.

 (h) Before a contract for the construction, alteration, or repair of a housing unit constructed under a federal or state funded housing program is awarded, the regional housing authority shall require the contractors to comply with the bond provisions specified in AS 36.25.010 (a) and (b).

 (i) A housing authority created under this section shall have its financial records audited annually by an independent certified public accountant. The legislative auditor may prescribe the form and content of the financial records of the housing authority and shall have access to these records at any time.




Sec. 18.55.997. Residential loans.
 (a) In addition to the powers authorized to a regional housing authority under AS 18.55.996, a regional housing authority may, in accordance with procedures and policies adopted and approved by the Alaska Housing Finance Corporation, make loans for the purchase or development of residential housing in rural areas of the state, other than in an area where the corporation has a loan office. A loan shall be secured by collateral in an amount acceptable to the corporation. The rate of interest on a loan authorized by this section may not exceed the interest rate on a loan originated or purchased under AS 18.56.400 — 18.56.600.

 (b) In this section,
     (1) “development” means the construction of a new residence or the repair, remodeling, rehabilitation, or expansion of an existing home;

     (2) “rural” has the meaning given the term “small community” in AS 18.56.600.




Sec. 18.55.998. Supplemental housing development grants.
 (a) There is created in the Alaska Housing Finance Corporation a supplemental housing development grant fund. Using corporate earnings or other available funds, the corporation shall make grants to regional housing authorities established under AS 18.55.996 for the cost of on-site sewer and water facilities, road construction to project sites, energy efficient design features in homes, and extension of electrical distribution facilities to individual residences.

 (b) A grant may be made only for residential housing for which federal loan or grant approval has been obtained from the United States Department of Housing and Urban Development and which will be made available to the public on a nondiscriminatory basis. A grant may not be used to retire or repay obligations or debts of the grant recipient. A grant may only be for the difference between the maximum amount available under federal law or regulation for construction of the residential housing for which the grant is made and the actual costs of the construction. A grant may not exceed 20 percent of the United States Department of Housing and Urban Development total development cost per unit in effect at the time the grant is made.

 (c) Grant money may be used only for the purposes specified in (a) of this section. No part of the grant money may be used for administrative or other costs of a regional housing authority whether the costs are directly associated with the construction or general costs of the authority.

 (d) The Alaska Housing Finance Corporation shall adopt regulations to carry out the purposes of this section. The provisions of AS 18.56.088(a) and (b) apply to regulations adopted under this section.

 (e) In order to make grants authorized by (a) of this section in its administration of the supplemental housing development grant fund established by this section, the board of directors of the corporation shall identify in the corporation’s proposed operating budget the money available to the corporation, including the corporation’s own assets, to supplement available federal development money.




Article 1. Alaska Housing Finance Corporation.


Chapter 56. Alaska Housing Finance Corporation.

Sec. 18.56.010. Findings and purpose.
 (a) There exists within the state a serious shortage of decent, safe, and sanitary residential housing available at low or moderate prices or rentals to persons of lower and moderate income. There also exist within the state remote, underdeveloped, or blighted areas where the development of decent, safe, and sanitary housing is necessary to economic growth. These conditions are inimical to the safety, health, welfare, and prosperity of the residents of the state and to the sound growth of urban and rural communities.

 (b) The legislature finds and declares that private enterprise has not been able to provide, without assistance, an adequate supply of safe and sanitary homes at prices or rents that persons of lower or moderate income can afford, or to achieve rehabilitation of much of the present housing for persons of lower and moderate income, or to provide without assistance the housing necessary to promote the economic growth of remote, underdeveloped, or blighted areas, and that existing state and federal programs are inadequate to meet housing needs of persons of lower and moderate income or of remote, underdeveloped, or blighted areas. It is imperative that the supply of housing for persons of lower and moderate income and the housing necessary to promote the economic growth of remote, underdeveloped, or blighted areas be increased and that coordination and cooperation among private enterprise, state and local government be encouraged to sponsor, build, and rehabilitate residential housing for these persons.

 (c) The legislature finds and declares further that, in accomplishing this purpose, the creation of the Alaska Housing Finance Corporation is essential to assist in the acquisition and development of land and the construction, rehabilitation, financing, management, maintenance, sale, and rental of dwelling units for persons of lower and moderate income or persons in remote, underdeveloped, or blighted areas and that these activities serve a public purpose in benefiting the people of the state. The Alaska Housing Finance Corporation is empowered to act on behalf of the state and its people in serving this public purpose for the benefit of the general public.

 (d) The program of making loans for residential housing to veterans in accordance with AS 26.15 has increased and improved the supply of adequate housing in the state, and the continuation of the program is essential to the economic growth of the state and the expansion of the supply of adequate residential housing in the state. Participation by the Alaska Housing Finance Corporation in the program of purchasing and insuring state veterans’ loans as provided in this chapter will be of material aid in insuring the continuance of the program of making loans for residential housing to veterans in accordance with AS 26.15.

 (e) Expansion of the program of the Alaska Housing Finance Corporation of purchasing insured and uninsured mortgage loans is essential to the economic growth of the state and the supply of adequate residential housing in the state.

 (f) The legislature finds that enabling the Alaska Housing Finance Corporation to assist in financing the program of veterans’ loans for residential housing in accordance with AS 26.15 and to expand its program of purchasing other mortgage loans serves a public purpose in benefiting the people of the state. The Alaska Housing Finance Corporation is empowered to act on behalf of the state and its people in serving this public purpose for the benefit of the general public.

 (g) The legislature finds that permitting the Alaska Housing Finance Corporation to create a subsidiary to assist in the financing of prepayment of all or a portion of a governmental employer’s share of unfunded accrued actuarial liability of retirement systems serves a public purpose in benefiting the people of the state. The Alaska Housing Finance Corporation may act on behalf of the state and its people in serving this public purpose for the benefit of the general public.




Sec. 18.56.020. Alaska Housing Finance Corporation.
The Alaska Housing Finance Corporation is a public corporation and government instrumentality within the Department of Revenue, but having a legal existence independent of and separate from the state. The corporation may not be terminated as long as it has bonds, notes, or other obligations outstanding. Upon termination of the corporation, its rights and property pass to the state.


Sec. 18.56.030. Corporation governing body.
 (a) The corporation shall be governed by a board of directors consisting of
     (1) the commissioner of revenue;

     (2) the commissioner of commerce, community, and economic development;

     (3) the commissioner of health and social services; and

     (4) four public members appointed by the governor, as follows:
          (A) one member with expertise or experience in finances or real estate;

          (B) one member who is a rural resident of the state or who has expertise or experience with a regional housing authority;

          (C) one member who has expertise or experience in residential energy efficient home-building or weatherization; and

          (D) one person who has expertise or experience in the provision of senior or low-income housing.

 (b) If a member described in (a)(1), (2), or (3) of this section is unable to attend a meeting of the board the member may by an instrument in writing filed with the board, designate a deputy or assistant to act in the member’s place at the meeting. For all purposes of this chapter, the designee is a member of the board at the meeting.

 (c) The board members described in (a)(4) of this section serve two-year terms.

 (d) If a vacancy occurs on the board, the governor shall make an appointment, effective immediately, for the unexpired portion of the term.

 (e) The members of the board described in (a)(4) of this section receive $100 compensation for each day spent on official business of the corporation and may be reimbursed by the corporation for actual and necessary expenses at the same rate paid to members of state boards under AS 39.20.180.

 (f) The governor shall appoint the members under (a)(4) of this section to give the board of directors a reasonable geographic balance among regions of the state. The members of the board appointed under (a)(4) of this section shall have recognized competence and wide experience in housing, finance, or other business management-related fields.




Sec. 18.56.040. Meetings of board.
 (a) The board shall elect a chairman from among its membership at its annual meeting each year. A majority of the members constitute a quorum for organizing the board, conducting its business, and exercising the powers of the corporation. The board shall meet at the call of its chairman. The board shall meet not less than once each three months.

 (b) The board may meet and transact business by electronic media if
     (1) public notice of the time and locations where the meeting will be held by electronic media has been given in the same manner as if the meeting were held in a single location;

     (2) participants and members of the public in attendance can hear and have the same right to participate in the meeting as if the meeting were conducted in person; and

     (3) copies of pertinent reference materials, statutes, regulations, and audio-visual materials are reasonably available to participants and to the public.

 (c) A meeting by electronic media as provided in this section has the same legal effect as a meeting in person.

 (d) For the purposes of this chapter public notice of 24 hours or more is adequate notice of a meeting of the board at which the issuance of corporation bonds is authorized.




Sec. 18.56.045. Minutes of meetings.
The board shall keep minutes of each meeting and send a certified copy to the governor and to the Legislative Budget and Audit Committee.


Sec. 18.56.050. Administration of affairs.
The board shall manage the assets and business of the corporation and may adopt, amend, and repeal bylaws and regulations governing the manner in which the business of the corporation is conducted and the manner in which its powers are exercised. The board shall delegate supervision of the administration of the corporation to the executive director, appointed in accordance with AS 18.56.052.


Sec. 18.56.052. Executive director.
The corporation shall employ an executive director, who may not be a member of the board. The executive director shall be appointed by the board and serves at the pleasure of the board.


Sec. 18.56.055. Legal advisor.
The attorney general is the legal counsel for the corporation. The attorney general shall advise the corporation in legal matters and represent it in suits.


Sec. 18.56.060. Employment of personnel.
The board may appoint other officers and engage professional and technical advisors as independent contractors. The executive director may hire employees of the corporation and, subject to the approval of the board, engage professional and technical advisors under contract with the corporation. The board shall prescribe the duties and compensation of corporation personnel, including the executive director.


Sec. 18.56.070. Personnel exempt from state Personnel Act.
The personnel of the corporation are exempt from AS 39.25.


Sec. 18.56.080. Interdepartmental cooperation.
All departments, agencies, and public corporations of the state may provide information, services, facilities, and loans to the corporation upon its request. The corporation shall, upon request, reimburse departments, agencies, and public corporations of the state for services or facilities provided, loans advanced, or expenses incurred on the corporation’s behalf at the request of the corporation.


Sec. 18.56.082. Alaska housing finance revolving fund.
The Alaska housing finance revolving fund is established in the corporation. The revolving fund consists of appropriations made to the revolving fund by the legislature, money or other assets transferred to the revolving fund by the corporation, and unrestricted repayments of principal on loans made or purchased by the corporation. Amounts deposited in the revolving fund shall be expended for the purposes of the corporation, set out in this chapter.


Sec. 18.56.083. Bonds for senior housing. [Repealed, § 140 ch 4 FSSLA 1992. For current law, see AS 18.56.790.]
Sec. 18.56.084. International borrowing.
For the purpose of obtaining access to international capital markets to borrow money for the special mortgage loan purchase program under AS 18.56.098, as an addition to the powers of the corporation under AS 18.56.090, the corporation may (1) establish, or cause to be established, subsidiary corporations incorporated in the state or in another state, or under the laws of a foreign jurisdiction; (2) invest in corporations established under this section; (3) issue bonds and borrow money for investments in corporations established under this section; (4) borrow from corporations established under this section; (5) guarantee the obligations of corporations established under this section; or (6) enter into agreements with corporations established under this section or with other persons. In exercising a power under this section, the corporation may not subject its assets to risk of loss through foreign currency exchange. A guarantee under this section constitutes a bond of the corporation as defined in AS 18.56.390.


Sec. 18.56.085. Investment of state surplus. [Repealed, § 77 ch 106 SLA 1980.]
Sec. 18.56.086. Creation of subsidiaries.
The corporation may create subsidiary corporations for the purpose of financing or facilitating the financing of school construction, facilities for the University of Alaska, facilities for ports and harbors, the acquisition, development, management, or operation of affordable housing, prepayment of all or a portion of a governmental employer’s share of unfunded accrued actuarial liability of retirement systems, or other capital projects. A subsidiary corporation created under this section may be incorporated under AS 10.20.146 — 10.20.166. The corporation may transfer assets of the corporation to a subsidiary created under this section. A subsidiary created under this section may borrow money and issue bonds as evidence of that borrowing, and has all the powers of the corporation that the corporation grants to it. However, a subsidiary created for the purpose of financing or facilitating the financing of prepayment of a governmental employer’s share of unfunded accrued actuarial liability of retirement systems may borrow money and issue bonds only if the state bond rating is the equivalent of AA- or better and subject to AS 37.15.903. Unless otherwise provided by the corporation, the debts, liabilities, and obligations of a subsidiary corporation created under this section are not the debts, liabilities, or obligations of the corporation.


Sec. 18.56.088. Administrative procedure; regulations.
 (a) Except for AS 44.62.310 — 44.62.319 (Open Meetings Act), AS 44.62 (Administrative Procedure Act) does not apply to this chapter. The corporation shall make available to members of the public copies of the regulations adopted under (b) — (e) of this section. Within 45 days after adoption, the chairman of the board shall submit a regulation adopted under (b) — (e) of this section to the chairman of the Administrative Regulation Review Committee under AS 24.20.400 — 24.20.460.

 (b) The board may adopt regulations by motion or by resolution or in any other manner permitted by its bylaws.

 (c) The board may adopt regulations to carry out the purposes of this chapter, and shall adopt regulations necessary for the following purposes:
     (1) determination of borrower eligibility including, but not limited to, income limitations and the determination of remote, underdeveloped, or blighted areas of the state;

     (2) loan guidelines and terms including but not limited to maximum loan amounts and required loan-to-value ratios, but excluding mortgage loan interest rates;

     (3) characteristics of housing eligible for loans or purchase of loans, including compliance with the requirements of AS 18.56.300;

     (4) the qualifications of loan originators and servicers and the method of allocating amounts available for the purchase of loans;

     (5) establishment of a procedure, including a fee schedule, for the commitment for one year or less of money for the purchase of an individual mortgage loan at a specific interest rate; and

     (6) establishment of the program of housing assistance authorized by AS 18.56.090(b) including program regulations that, at minimum,
          (A) establish priorities and criteria for providing money and other forms of authorized assistance in response to housing assistance proposals;

          (B) define the forms of housing assistance authorized under AS 18.56.090(b);

          (C) set out procedures to evaluate housing assistance proposals;

          (D) set out procedures to approve the award of housing assistance; and

          (E) prescribe methods of monitoring the use of money paid out under AS 18.56.090(b) and the progress of activity under the approved housing assistance program.

 (d) Except as provided in (e) of this section, at least 15 days before the adoption, amendment, or repeal of a regulation on a subject specified in (c)(1) — (4) of this section, the board shall give public notice of the proposed action by publishing the notice in at least three newspapers of general circulation in the state and by mailing a copy of the notice to every person who has filed a request for notice of proposed regulations with the board or the corporation. The public notice must include a statement of the time, place, and nature of the proceedings for the adoption, amendment, or repeal of the regulation and must include an informative summary of the proposed subject of the regulation. On the date and at the time and place designated in the notice, the board shall give each interested person or an authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, and shall give members of the public an opportunity to present oral statements, arguments, or contentions for a total period of at least one hour. The board shall consider all relevant matter presented to it before adopting, amending, or repealing a regulation. At a hearing under this subsection, the board may continue or postpone the hearing to a time and place that it determines. A regulation that is adopted, or its amendment or repeal, may vary in content from the informative summary specified in this subsection if the subject matter of the regulation, or its amendment or repeal, remains the same and the original notice was written so as to assure that members of the public are reasonably notified of the proposed subject of the board’s action in order for them to determine whether their interests could be affected by the board’s action on that subject.

 (e) A regulation or order of repeal on a subject specified in (c) of this section may be adopted as an emergency regulation or order of repeal if the board makes a finding in its order of adoption or repeal, including a statement of the facts that constitute the emergency, that the adoption of the regulation or order of repeal is necessary for the immediate preservation of the orderly operation of the corporation’s loan and bonding programs. The requirements of (d) of this section do not apply to the initial adoption of an emergency regulation covering a subject specified in (c)(1) — (4) of this section; however, upon adoption of an emergency regulation, the board shall, within 10 days after adoption, give notice of the adoption in accordance with (d) of this section. An emergency regulation adopted under this subsection does not remain in effect more than 120 days unless the board complies with (d) of this section during the 120-day period.

 (f) A regulation adopted under (b) — (e) of this section becomes effective immediately upon its adoption by the board, unless otherwise specifically provided by the order of adoption.

 (g) The provisions of (b) — (e) of this section do not apply to regulations governing interest rates on the corporation’s mortgage loan programs.

 (h) The board shall adopt regulations in accordance with (a) — (f) of this section that establish a procedure by which a seller of mortgage loans may appeal a decision of the corporation not to purchase mortgage loans offered by the seller.

 (i) The board may adopt regulations under (a) — (f) of this section that establish conditions and terms for mobile home loans that are not in accordance with the provisions of this chapter, including conditions and terms relating to owner-occupancy, the number of loans that may be made to a single borrower, and borrower eligibility requirements, if the board first determines that the regulations are necessary to ensure the continued security of the mobile home loan portfolio.




Sec. 18.56.089. Compliance with Executive Budget Act; corporation finances; dividend.
 (a) The provisions of AS 37.07 (Executive Budget Act)
     (1) apply to
          (A) the operating budget of the corporation;

          (B) amounts payable from corporate earnings or assets of the corporation for grants or grant programs authorized by this chapter;

          (C) interest rate subsidies and building subsidies as determined by the corporation;

          (D) the amount and source or sources of the total annual appropriation for the corporation’s loan programs for which a subsidy is not provided, but the provisions of AS 37.07 are not otherwise applicable to that appropriation;

          (E) the amount and source or sources of the total annual appropriation for the corporation’s multi-family housing loans and the corporation’s housing programs and housing projects if a subsidy is provided from the corporation’s arbitrage earnings for the loans, programs, or projects, but the provisions of AS 37.07 are not otherwise applicable to that appropriation; and

          (F) except as otherwise specifically provided in (2) of this subsection, the activities of the corporation under AS 18.55 and the activities of the corporation under this chapter;

     (2) do not apply to activities of the corporation under AS 18.55 and this chapter that
          (A) relate to the corporation’s borrowing of money as provided in this chapter to make or purchase mortgage loans, including the issuing of its obligations or evidence of that borrowing and the repayment of the debt obligation;

          (B) relate to the corporation’s ability to refinance existing mortgage loans in order to achieve a lower interest rate; or

          (C) are directly attributable to the servicing of mortgage loans, including real estate acquired by the corporation as a result of foreclosure.

 (b) To further ensure effective budgetary decision making by the legislature, the corporation shall
     (1) annually review the corporation’s assets, including the assets of the Alaska housing finance revolving fund under AS 18.56.082, to determine whether assets of the corporation exceed an amount required to fulfill the purposes of the corporation as defined in AS 18.55 and this chapter; in making its review, the board shall determine whether, and to what extent, assets in excess of the amount required to fulfill the purposes of the corporation during the next fiscal year are available without
          (A) breaching any agreement entered into by the corporation;

          (B) materially impairing the operations or financial integrity of the corporation; or

          (C) materially affecting the ability of the corporation to
               (i) stabilize the market price of and demand for residential housing; and

               (ii) ensure an adequate long-term supply of residential housing for persons of lower and moderate income;

     (2) specifically identify in the corporation’s assets the amounts that the corporation believes are necessary to meet the requirements of (1)(C) of this subsection; and

     (3) present to the legislature by January 10 of each year a complete accounting of all assets of the corporation, including assets of the Alaska housing finance revolving fund under AS 18.56.082, and a report of the review and determination made under (1) and (2) of this subsection; the accounting shall be audited by an independent outside auditor and must include a full description of all mortgage loan interest and principal repayments and program receipts, including
          (A) mortgage loan commitment fees received by or accrued to the corporation during the preceding fiscal year; and

          (B) all income earned on assets of the corporation during that period, including earnings on assets of the state assisted mortgage fund.

 (c) The corporation shall make a dividend available to the state each fiscal year. The corporation shall pay the dividend for a current fiscal year to the state before the end of that fiscal year. The legislature may appropriate the dividend for capital projects. The corporation shall notify the commissioner of revenue of the amount of each dividend under this subsection for inclusion in the state operating budget and shall also notify the commissioner when each dividend is available for payment to the state. The amount of the dividend for a current fiscal year is calculated as follows:
     (1) the lesser of $103,000,000 or 75 percent of the adjusted change in net assets of the corporation for the base fiscal year;

     (2) minus the amount of money from the corporation used during that current fiscal year for bond repayment and other costs related to the bonds issued under
          (A) ch. 26, SLA 1996, up to a maximum of $1,000,000;

          (B) sec. 10(b), ch. 130, SLA 2000;

          (C) sec. 1, ch. 1, SSSLA 2002;

          (D) sec. 4, ch. 120, SLA 2004; and

     (3) minus any appropriation of unrestricted unencumbered money of the corporation during the current fiscal year, other than an appropriation for the corporation’s operating budget.

 (d) In (c) of this section,
     (1) “adjusted change in net assets” means the change in net assets from the base fiscal year, adjusted for capital expenditures incurred during the base fiscal year and temporary market value adjustments to assets and liabilities made during the base fiscal year;

     (2) “base fiscal year” means the fiscal year ending two years before the end of the current fiscal year in which the dividend is made available to the state;

     (3) “dividend” means a payment made to the state under (c) of this section.




Sec. 18.56.090. General powers and limitations.
 (a) In addition to other powers granted in this chapter, the corporation may, for the purpose of providing housing for persons of lower and moderate income or persons located in remote, underdeveloped, or blighted areas of the state and for its other corporate purposes,
     (1) make or participate in the making of mortgage loans to sponsors, developers, builders, and purchasers of residential housing, if the corporation determines that
          (A) mortgage loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions; and

          (B) the residential housing for which the mortgage loans are made complies with applicable provisions of AS 18.56.096(c) and the applicable thermal and lighting energy standards of AS 46.11.040;

     (2) purchase or participate in the purchase of mortgage loans made to sponsors, developers, builders, owners, and purchasers of residential housing, if the corporation
          (A) has given approval before the initial making of the loan and has determined that mortgage loans were, at the time the approval was given, not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions; or

          (B) has determined that
               (i) the purchase or participation will result in additional residential housing, taking into account without limitation such factors as reinvestment of the proceeds of the sale in additional mortgage loans, increased availability of mortgage loans insured by the federal government, its agencies or departments, the reduction, if any, of interest payments to be made with respect to mortgage loans, or such other factors as will tend to increase or improve the supply of residential housing within the state; and

               (ii) the residential housing covered by the mortgage loan complies with applicable provisions of AS 18.56.096(c) and the applicable thermal and lighting energy standards of AS 46.11.040;

     (3) make partial rental payments and mortgage interest payments under a contract with any housing owner if the payments will be applied to decrease rental or mortgage interest charges of persons of lower and moderate income or owners or purchasers of residential housing in remote, underdeveloped, or blighted areas of the state;

     (4) make loans from the housing development fund;

     (5) collect and pay reasonable fees and charges in connection with making, purchasing, and servicing its mortgages, loans, notes, bonds, certificates, commitments, and other evidences of indebtedness;

     (6) acquire real property, or any interest in real property, in its own name, by purchase, transfer, or foreclosure, when the acquisition is necessary or appropriate to protect any loan in which the corporation has an interest; sell, transfer, and convey the property to a buyer; and, if the sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, rent or lease the property to a tenant pending the sale, transfer, or conveyance;

     (7) sell, at public or private sale, to any purchaser, including the Federal National Mortgage Association, all or any part of a mortgage or other instrument or document securing a construction, land development, mortgage, or temporary loan of any type permitted by this chapter;

     (8) purchase, in order to meet the requirements of the sale of its mortgages to the Federal National Mortgage Association, stock of the Federal National Mortgage Association;

     (9) procure insurance against any loss in connection with its operation;

     (10) consent to the modification of the rate of interest, time of payment of any installment of principal or interest, or any other terms, of the mortgage loan, mortgage loan commitment, construction loan, temporary loan, contract, or agreement of any kind to which the corporation is a party;

     (11) borrow money as provided in this chapter to carry out and effectuate its corporate purposes, and issue its obligations as evidence of borrowing;

     (12) include in any borrowing the amounts necessary to pay financing charges, interest on the obligations for a period not exceeding one year after the date on which the corporation estimates funds will otherwise be available to pay the interest, consultant, advisory, and legal fees, and other expenses that are necessary or incident to this borrowing;

     (13) under AS 18.56.088, adopt and publish regulations respecting its lending programs and other regulations that are necessary to effectuate its purposes;

     (14) provide technical and advisory services to sponsors, builders, and developers of residential housing and to residents of it;

     (15) promote research and development in scientific methods of constructing low-cost and energy-efficient residential housing of high durability;

     (16) make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the corporation under this chapter, including contracts with any person, firm, corporation, governmental agency, or other entity;

     (17) receive, administer, and comply with the conditions and requirements respecting any appropriation or gift, grant, or donation of property or money;

     (18) sue and be sued in its own name;

     (19) adopt an official seal;

     (20) adopt bylaws for the regulation of its affairs and the conduct of its business and adopt regulations and policies in connection with the performance of its functions and duties;

     (21) employ fiscal consultants, engineers, attorneys, real estate counselors, appraisers, and other consultants and employees that may be required in the judgment of the corporation, and fix and pay their compensation from funds available to the corporation;

     (22) do all acts and things necessary, convenient, or desirable to carry out the powers expressly granted or necessarily implied in this chapter;

     (23) invest or reinvest, subject to its contracts with noteholders and bondholders, any money or funds held by the corporation in any obligations or other securities or investments in which banks or trust companies in the state may legally invest funds held in reserves or sinking funds or any funds not required for immediate disbursement, and in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the state or the United States;

     (24) purchase a mortgage loan made to refinance an existing mortgage loan, without regard to whether the corporation holds the existing mortgage loan, as long as the interest rate and fees charged to the borrower are sufficient to fully reimburse the corporation for all costs incurred by the corporation in purchasing the mortgage loan and as long as the borrower will be in compliance with AS 18.56.096(a)(6) after purchase of the mortgage loan by the corporation;

     (25) participate in the making of mortgage loans to borrowers for congregate housing under AS 18.56.100(b)(1) as the purchaser of those loans; loans made for congregate housing under this paragraph must reflect application of prudent underwriting standards and lending practices that include, but are not limited to, appropriate loan-to-value ratios and the ability of a borrower to repay the loan;

     (26) participate in the development of buildings or units that, by their use, address homelessness but that, by their operation, appear nonresidential in nature;

     (27) provide financial assistance to prevent homelessness, including prevention of foreclosures and evictions;

     (28) provide financial assistance to support housing retention services or facilitate transition from dependency on low-cost housing;

     (29) participate with appropriate sponsoring agencies or groups in demonstration housing projects that address homelessness;

     (30) authorize, under AS 18.56.230, certain commercial uses in a multi-unit residential housing development owned or financed by the corporation.

 (b) The corporation may, subject to (c) of this section,
     (1) reserve money to itself, or provide money for, or provide deferred loans, interest rate subsidies, building subsidies, participation financing through housing partnerships, and other forms of housing assistance as set out in regulations of the corporation to, another governmental agency, a municipality, a regional housing authority, or a private nonprofit organization, to pay for the design, construction, development, rehabilitation, or improvement of housing for persons of low and moderate income, for housing in remote, undeveloped, or blighted areas of the state, and for congregate and special needs housing;

     (2) provide money for, and provide deferred loans, interest rate subsidies, building subsidies, participation financing through housing partnerships, and other forms of housing assistance as set out in regulations of the corporation to, corporations and project sponsors for congregate and special needs housing; and

     (3) receive money for a purpose described in (1) or (2) of this subsection.

 (c) The corporation may not provide money or another form of housing assistance authorized by (b) of this section unless the board identifies in the corporation’s proposed operating budget the money available to the corporation, including the corporation’s own assets, for the proposed housing assistance. The provisions of this subsection apply to
     (1) subsidies authorized by the home ownership assistance program under AS 18.56.091;

     (2) mortgage subsidies authorized by the graduated payment mortgage loan program under AS 18.56.098(c);

     (3) interest rate deductions authorized in the housing development fund under AS 18.56.100(b)(1) and (l);

     (4) money or another form of housing assistance payable from corporate earnings or assets of the corporation, other than money appropriated to the corporation for the specific purpose, for a program set out in AS 18.56.400 — 18.56.850.

 (d) Notwithstanding authority granted by AS 18.55 and this chapter, the corporation may not acquire or construct a building for the corporation’s own use and occupancy unless the proposed acquisition or construction has been approved by the legislature by law.

 (e) In furtherance of its corporate purpose, the corporation may, in cooperation with the Alaska Energy Authority, provide technical assistance to municipalities related to residential and commercial building energy codes and energy efficiency standards.

 (f) In (a) of this section “homelessness” means the state of an individual who lacks a fixed, regular, and adequate nighttime residence, and includes an individual who
     (1) is sharing the housing of other individuals because of loss of housing, economic hardship, domestic violence, or a similar reason;

     (2) is living in a motel, hotel, trailer park, or camping ground because of the lack of alternative adequate accommodations;

     (3) is living in an emergency or transitional shelter;

     (4) is abandoned in a hospital;

     (5) is waiting for a foster care placement;

     (6) has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

     (7) is living in a car, a park, a public space, an abandoned building, substandard housing, a bus or train station, or a similar setting;

     (8) is fleeing a domestic violence situation, does not have an alternative residence, and lacks the resources and support needed to obtain housing;

     (9) is being evicted within a week, does not have an alternative residence, and lacks the resources and support needed to obtain housing;

     (10) is being discharged within a week from an institution, including a mental health treatment facility, substance abuse treatment facility, or prison, in which the individual has been a resident for more than 30 consecutive days, does not have an alternative residence, and lacks the resources and support needed to obtain housing.




Sec. 18.56.091. Home ownership assistance program.
 (a) The corporation shall implement a home ownership assistance program to assist persons of lower and moderate income to purchase homes financed under the special mortgage loan purchase program by providing a subsidy to the persons in an amount not greater than the difference between
     (1) the amount annually required to pay interest and principal on that person’s loan and real property taxes and insurance for the home purchase with the loan; and

     (2) 25 percent of that person’s annual gross income.

 (b) Notwithstanding (a) of this section, the loan amount eligible for assistance under the subsidy authorized by (a) of this section is the amount determined under AS 18.56.098(k).




Sec. 18.56.092. Veterans’ loans for residential housing. [Repealed, § 77 ch 106 SLA 1980. For current provisions see AS 18.56.101.]
Sec. 18.56.093. Insurance.
 (a) There is established in the corporation the housing insurance fund, the rural housing hazard insurance fund, and the rural housing title insurance fund. The funds shall be completely segregated from all other funds of the corporation, and are trust funds for the uses and purposes of this section. The corporation may adopt regulations under AS 18.56.088 and enter into agreements with respect to the exercise of any power relating to the funds under this section, including, without limitation, agreements as to the use of the money in the funds, agreements with respect to the terms and conditions upon which payments from the funds must be made to the corporation with respect to mortgage loans insured under this section, agreements as to accounts or subaccounts in the funds for different categories of loans, and agreements regarding the payment of and security for bonds of the corporation. The corporation may pledge, assign, or grant other interests in the funds as may be necessary or appropriate in connection with the insurance of mortgage loans and to provide for the payment of and security for bonds of the corporation.

 (b) In addition to any other fees and charges that the corporation may charge on mortgage loans, the corporation may collect, or cause to be collected, insurance commitment fees and insurance premiums on mortgage loans insured by a fund under this section.

 (c) A mortgage loan purchased by the corporation as part of its special mortgage loan purchase program may be insured by the housing insurance fund, and a mortgage loan on a mobile home or residence located in a remote, underdeveloped, blighted, or rural area of the state may also be insured (1) against hazard loss by the rural housing hazard insurance fund when hazard insurance from other sources satisfactory to private mortgage lenders is not, in the opinion of the corporation, available on reasonable terms, and (2) against title defect by the rural housing title insurance fund when title insurance from other sources satisfactory to private mortgage lenders is not, in the opinion of the corporation, available on reasonable terms. The endorsement of the corporation on the mortgage that it is insured by any fund under this section at the time of purchase or acquisition of the mortgage loan is conclusive evidence that the mortgage loan is insured under the provisions of this section by the fund.

 (d) Mortgage loans may be insured by a fund or an account in a fund under this section only when the amount in the fund or in the account as a percentage of the sum of all mortgage loans to be insured and all unpaid principal on mortgage loans to be insured by the fund or the account equals or exceeds the fund requirement. The fund requirement for each fund or account shall be calculated as the percentage that the corporation determines is actuarially sound for operation of the fund or account.

 (e) When the corporation determines what is actuarially sound with respect to the operation of each fund or account in a fund, it shall consider means of providing sufficient revenue for the operation of the fund or account, without regard to amounts that may have been or may, after the date of determination of actuarial soundness, be appropriated under (f) of this section and it shall consider factors which must include, without limitation,
     (1) as to the mortgages insured by the housing insurance fund, or an account of the housing insurance fund, estimates of future defaults and losses on mortgage loans insured under this section based on actual default and loss experience on those mortgage loans or on similar mortgage loans in this state or elsewhere, estimates of recoveries on defaulted or foreclosed mortgage loans based on that experience, the terms and conditions of the mortgage loans insured under this section, estimates of earnings and income of amounts on deposit in the fund, and any other appropriate factors;

     (2) as to mortgages insured by the rural housing title insurance fund, estimates of defaults and losses by reason of title defects that are otherwise uninsured, estimates of earnings and income of amounts of deposit in the fund or the account, and any other appropriate factors; and

     (3) as to mortgages insured by the rural housing hazard insurance fund, or an account of the rural housing hazard insurance fund, estimates of default by reason of hazard losses which are otherwise uninsured, estimates of earnings and income of amounts on deposit in the fund or the account, and any other appropriate factors.

 (f) On December 1 of each year the corporation shall ascertain the amount on deposit in each fund established under this section and in each account of each fund. If the amount in any fund or account is less than the fund requirement for the fund or account, the corporation shall, no later than January 2 of the following year, certify in writing to the governor and to the legislature, the amount, if any, required to restore that fund or account to the fund requirement. The legislature may appropriate the amount and the corporation shall deposit in the fund or account all amounts appropriated during the then current state fiscal year. Nothing in this subsection creates a debt or liability of the state.




Sec. 18.56.094. New capital city mortgage loans. [Repealed, § 77 ch 106 SLA 1980.]
Sec. 18.56.095. Mortgage insurance.
 (a) There is a special fund of the state to be known as the “state mortgage insurance fund” (called the “mortgage insurance fund”) which shall be completely segregated and set apart from all other funds of the state, and which is a trust fund for the uses and purposes of this section and into and from which money shall be paid as provided in this section. The mortgage insurance fund shall be held by the commissioner of revenue, subject to the power of the commissioner of commerce, community, and economic development to enter into and perform agreements with respect to the use of money in the mortgage insurance fund and to pledge, assign, or grant interests in the mortgage insurance fund as provided in this section. The commissioner of commerce, community, and economic development may enter into agreements with the corporation with respect to the exercise of any power or approval relating to the mortgage insurance fund under this section, including, without limitation, agreements as to the use of money in the mortgage insurance fund, agreements with respect to the terms and conditions upon which payments from the mortgage insurance fund shall be made to the corporation with respect to mortgage loans insured under this section, and agreements regarding the payment of and security for mortgage insurance bonds, and in connection with these agreements the commissioner of commerce, community, and economic development may pledge, assign, or grant other interests in the mortgage insurance fund to the corporation as may be necessary or appropriate in connection with the insurance of mortgage loans and to provide for the payment of and security for mortgage insurance bonds. Any such agreement or any of the rights of the corporation under the agreement and payments received or to be received under the agreement may be pledged or assigned by the corporation for the benefit of the holders of mortgage insurance bonds.

 (b) In addition to any other fees and charges that the corporation may charge on mortgage loans, it may collect or cause to be collected on all mortgage loans made or purchased with the proceeds of the sale of mortgage insurance bonds, either or both a special mortgage loan insurance commitment fee or a mortgage loan insurance premium. The special mortgage loan insurance commitment fees and special mortgage loan insurance premiums when received shall be deposited in the mortgage insurance fund by the corporation, or by any mortgage loan servicer, trustee, or agent designated by the corporation to receive them, and shall be held, invested and, together with all investment income derived from them, reinvested by the commissioner of revenue as set out in AS 37.10.071, subject to any agreement with the corporation under (a) of this section.

 (c) If, at any time after receipt by the corporation of a payment from the mortgage insurance fund with respect to a mortgage loan or any portion of the principal and interest and other amounts payable on a mortgage loan, the corporation recovers an amount on the mortgage loan or portion of it from any source other than the mortgage insurance fund, it shall apply the amount recovered in the following order: first to repay the general fund of the state to the extent of appropriations made pursuant to requests made under (f) of this section, and second, to repay the mortgage insurance fund.

 (d) A mortgage loan may be insured if the loan-to-value ratio at the time of the insurance loan does not exceed 80 percent or, if the loan-to-value ratio does exceed that percentage, if it is federally insured or guaranteed or insured by a qualified mortgage insurance company to the extent of the excess. The endorsement of the corporation on the mortgage at the time of purchase or acquisition of the mortgage loan is conclusive evidence that the mortgage loan is insured under the provisions of this section. The insurance is payable solely from the mortgage insurance fund.

 (e) Mortgage loans may only be insured when the amount in the mortgage insurance fund as a percentage of the sum of all mortgage loans to be insured and all unpaid principal on mortgage loans insured by the corporation equals or exceeds the fund requirement. As used in this section, the fund requirement is calculated as follows as to the following mortgage loans insured by the corporation:
     (1) in the case of federally insured or guaranteed mortgage loans, or mortgage loans insured by a qualified mortgage insurance company or, if not so insured or guaranteed, with a loan-to-value ratio at the time of the mortgage insurance application less than 80 percent, the greater of (A) two percent of the unpaid principal amount of those mortgage loans, or (B) a percentage that the corporation with the approval of the commissioner of commerce, community, and economic development determines is actuarially sound for operation of the mortgage insurance fund;

     (2) [Repealed, § 77 ch 106 SLA 1980.]
 (f) On December 1 of each year the commissioner of commerce, community, and economic development shall determine the amount on deposit in the mortgage insurance fund. If the amount in the fund is less than the fund requirement, the commissioner of commerce, community, and economic development shall request the corporation to transfer from any available funds the amount necessary to restore the mortgage insurance fund to the fund requirement and the corporation shall promptly comply with the request from any funds available subject to agreements with holders of any of its obligations. If sufficient funds are not provided as the result of the requests, the commissioner of commerce, community, and economic development shall, no later than January 2 of the following year, make and deliver to the governor and to the chairmen of the house and senate finance committees a certificate stating the sum required to restore the fund to the fund requirement and the sum so certified may be appropriated and paid to the fund during the then current state fiscal year. Nothing in this subsection creates a debt or liability of the state.

 (g) [Repealed, § 77 ch 106 SLA 1980.]
 (h) In this section, unless the context clearly indicates a different meaning,
     (1) the determination of what is “actuarially sound” with respect to the operation of the mortgage insurance fund shall be based on a consideration of the factors that will provide sufficient revenue for the operation of the fund, without regard to amounts that may have been or may, after the date of determination of actuarial soundness, be appropriated pursuant to (f) of this section, including, without limitation, estimates of future defaults and losses on mortgage loans insured under this section based on actual default and loss experience on those mortgage loans or on similar mortgage loans in this state or elsewhere, estimates of recoveries on defaulted or foreclosed mortgage loans based on that experience, the terms and conditions of the mortgage loans insured under this section, estimates of earnings and income of amounts on deposit in the mortgage insurance fund, and any other appropriate factors;

     (2) “loan-to-value ratio” means the ratio between the principal amount of a mortgage loan and the appraised value, as determined by the corporation, of the residential housing financed by the mortgage loan;

     (3) “mortgage insurance bond” means a bond, note, or other obligation of the corporation, the proceeds of which are authorized to be expended to purchase or make a mortgage loan insured under this section;

     (4) “qualified mortgage insurance company” means a mortgage insurance company satisfactory to the corporation;

     (5) “special mortgage loan insurance commitment fee” and “special mortgage loan insurance premium” mean, respectively, a fee of a percent of the principal amount of a mortgage loan to be insured under this section, and an annual insurance premium of a percent of the portion of the unpaid principal amount of a mortgage loan insured under this section that is not federally insured or guaranteed or insured by a private mortgage insurance company, that the corporation with the approval of the commissioner of commerce, community, and economic development determines is actuarially sound for the operation of the mortgage insurance fund.




Sec. 18.56.096. Limitation on power to make or purchase mortgage loans.
 (a) The corporation may not make, participate in the making of, purchase, or participate in the purchase of
     (1) a first mortgage loan under this chapter for a duplex, triplex, or four-plex that exceeds the limitations on first mortgage loans for similar housing purchased by the Federal National Mortgage Association as to principal amount and loan-to-value ratio;

     (2) a second mortgage loan for a duplex, triplex, or four-plex the amount of which, when combined with the principal balance of a first mortgage loan on the property, exceeds the limitation on the amount set out in (1) of this subsection or that has a loan-to-value ratio, when considered with the principal balance of the first mortgage loan, that exceeds 90 percent;

     (3) a mortgage loan to finance the purchase of new housing or for the improvement or rehabilitation of existing housing, unless the construction, improvement, or rehabilitation work has been performed by a contractor who is registered to work as a contractor under AS 08.18; this paragraph does not apply if the construction, improvement, or rehabilitation work
          (A) has been totally or substantially performed by the borrower;

          (B) has been performed by a borrower who acts as the contractor for the construction, improvement, or rehabilitation work; or

          (C) has been performed in an area designated by the corporation as exempt from the requirements of this paragraph because of the unavailability of registered contractors in that area;

     (4) a first mortgage loan for a single-family residence that exceeds the limitations on first mortgage loans for similar housing purchased by the Federal National Mortgage Association as to principal amount by more than 10 percent, or has a loan-to-value ratio that exceeds 95 percent, or a second mortgage loan for a single-family residence, the amount of which, when combined with the principal balance of a first mortgage loan on the property, exceeds the limitations on loans for similar housing purchased by the Federal National Mortgage Association as to principal amount by more than 10 percent, or has a loan-to-value ratio, when considered with the principal balance of the first mortgage loan, that exceeds 90 percent;

     (5) a first or second mortgage loan for rental housing unless the borrower agrees not to discriminate against tenants or prospective tenants because of sex, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, national origin, or status as a student;

     (6) a first mortgage loan if the borrower has an outstanding first mortgage housing loan under this chapter or an outstanding first mortgage loan for owner-occupied housing under former provisions of AS 44.47; or

     (7) a loan 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.

 (b) The loan-to-value limitation established in (a)(4) of this section does not apply to a mortgage loan that is federally insured or guaranteed. The loan-to-value limitations established in (a)(1) and (4) of this section do not apply to a mortgage loan that is a refinancing mortgage loan under AS 18.56.108.

 (c) The corporation may not make, participate in the making of, purchase, or participate in the purchase of a loan for a residential building if construction of the building began after December 31, 1991, unless the building complies with the thermal and lighting energy standards required by AS 46.11.040. The corporation
     (1) may adopt regulations to implement this subsection; and

     (2) shall, by regulation, establish
          (A) procedures by which the person responsible for the construction of the building may demonstrate that the building complies with the thermal and lighting energy standards, including
               (i) self-certification, if the contractor responsible for the building construction provides satisfactory evidence that the contractor has completed a training program that is satisfactory to the corporation;

               (ii) submission of the certificate of a registered architect, registered engineer, or a building inspector, and the architect, engineer, or building inspector has completed a training program that is satisfactory to the corporation;

               (iii) submission of the certificate of occupancy issued by the municipality in which the building is located, if the certificate is issued by a municipality in which the municipal building code meets or exceeds the thermal and lighting energy standards, as determined by the corporation;

               (iv) another method approved by the corporation in regulations adopted by the corporation; and

          (B) criteria by which the energy conservation standards may be met; for purposes of this subparagraph, the residential building complies with the energy standards if the residence has received a rating under a home energy rating system adopted by the corporation that, in the judgment of the corporation, meets or exceeds the thermal energy standards required by AS 46.11.040.




Sec. 18.56.097. Collateral for loans.
Under procedures established by regulations of the corporation adopted in accordance with AS 18.56.088 a person may pledge as security for the repayment of a loan made, purchased, or insured by the corporation under this chapter a preference right the person holds to receive title to land the person occupies as a primary place of residence, primary place of business, subsistence campsite, or as headquarters for reindeer husbandry. The preference right must be conveyed to the person by the Native corporation to which the land was granted under 43 U.S.C. 1613 before it may be pledged as security under this section. The Department of Commerce, Community, and Economic Development shall prescribe procedures and standard forms for establishing and appraising the value of a preference right held by a person to secure the repayment of a loan made, purchased, or insured by the corporation under this chapter.


Sec. 18.56.098. Special mortgage loan purchase program.
 (a) The corporation shall establish a special mortgage loan purchase program. Under the special mortgage loan purchase program, the corporation may purchase first or second mortgage loans. A first or second mortgage loan purchased under this subsection must be made for the purchase, improvement, or rehabilitation of a residence or must be a refinancing loan. First or second mortgage loans purchased under this subsection may include graduated payment mortgage loans and adjustable rate mortgage loans.

 (b) The corporation shall adopt regulations under AS 18.56.088 to establish minimum construction standards that a residence must meet before the corporation may purchase a mortgage loan on the residence under (a) of this section. The minimum construction standards must include standard deviations from the minimum construction standards to allow the corporation to purchase loans on residences that do not meet the minimum construction standards but that are certified by an engineer to be within the standard deviations. The standard deviations must include, but are not limited to, provisions relating to water holding tanks, on-site water and sewer systems, and foundations.

 (c) The corporation may pledge mortgage loans purchased by the corporation under (a) of this section, mortgage loans assigned to the corporation for the special mortgage loan purchase program, and mortgage loans purchased with amounts appropriated to the corporation for the special mortgage loan purchase program to pay the principal, interest, and redemption premium, if any, on bonds or bond anticipation notes issued by the corporation for the special mortgage loan purchase program and may expend amounts appropriated to the special mortgage loan purchase program for mortgage loan subsidies or other purposes of the program as necessary to cause the interest rate on mortgage loans purchased under the special mortgage loan purchase program and retained by the corporation or sold under AS 18.56.099 to equal the rates specified in this section.

 (d) [Repealed, § 51 ch 115 SLA 1981.]
 (e) The corporation shall adopt regulations under AS 18.56.088 to implement the special mortgage loan purchase program. The regulations shall include provisions allowing, prohibiting, or restricting the right to assume or the right to provide for the payment of mortgage loans purchased under (a) of this section by a person other than the mortgagor. A provision in a mortgage loan purchased by the corporation after June 30, 1981, that prohibits or restricts the right to assume or the right to provide for the payment of mortgage loans is enforceable. The corporation shall enforce the regulations adopted under this subsection.

 (f) The corporation shall establish the interest rate on a first mortgage loan purchased under (a) of this section in accordance with the following:
     (1) the interest rate on the loan amount eligible for assistance of a mortgage loan purchased with the proceeds of an issue of taxable bonds of the corporation is three percent less than the cost of funds of that issue, except that
          (A) if the cost of funds of that issue is less than 10 percent, the interest rate is equal to the cost of funds; and

          (B) if the cost of funds of that issue is more than 10 percent, the interest rate may not be less than 10 percent;

     (2) an interest rate determined under this subsection on the loan amount eligible for assistance of a mortgage loan that is not purchased from the proceeds of bonds that are qualified veterans’ mortgage bonds under the applicable provisions of 26 U.S.C. (Internal Revenue Code) shall be reduced by one percentage point if the loan is made to an eligible veteran under AS 18.56.101;

     (3) the interest rate for the amount of a mortgage loan purchased under (a) of this section that exceeds the loan amount eligible for assistance is equal to the cost of funds to the corporation attributable to that part of the loan;

     (4) the interest rate on the loan amount eligible for assistance of a mortgage loan purchased with money that is not the proceeds of either taxable or tax-exempt bonds is the rate the corporation determines is appropriate by application of the provision of (1) of this subsection;

     (5) the interest rate on the loan amount eligible for assistance of a mortgage loan purchased from the proceeds of bonds that are exempt from taxation, other than bonds that constitute qualified veterans’ bonds under (h) of this section, is equal to the interest rate determined under (1) and (2) of this subsection on a loan purchased under (a) of this section from the proceeds of the most recent applicable issue of taxable bonds sold by the corporation; a higher or lower interest rate shall be established on the entire loan amount if required to ensure the tax-exempt status of the bonds;

     (6) the corporation shall determine the interest rate on a mortgage loan that is an adjustable rate mortgage loan as provided in this subsection; the corporation shall recalculate the interest rate from time to time based on changes in the cost to the corporation of the funds used to purchase the adjustable rate mortgage loan; however, the corporation may establish a minimum interest rate applicable to an adjustable rate mortgage loan, and the interest rate on the adjustable rate mortgage loan may not be less than the minimum interest rate so established regardless of the cost of funds to the corporation;

     (7) for loans made under this section, the corporation shall give effect to interest rate changes applicable to the loans based on time of loan application, time of issuance of the corporation’s bonds issued to purchase loans, or other factors as the corporation determines;

     (8) in this subsection,
          (A) “cost of funds” means the true interest cost expressed as a rate on bonds of the corporation plus an additional percentage as determined by the corporation to represent the allocable expenses of operation, costs of issuance, and mortgage servicing;

          (B) “taxable bonds” means bonds bearing interest that is taxable under applicable provisions of 26 U.S.C. (Internal Revenue Code) and which were issued to finance the purchase of first mortgage loans.

 (g) The corporation shall establish the interest rate on a second mortgage loan purchased under (a) of this section in the manner established for computing the interest rates on a first mortgage loan under (f) of this section except that, in the case of a second mortgage loan, if the first mortgage loan made to the same borrower is held by the corporation and was purchased under the special mortgage loan purchase program, the outstanding principal balance of the existing first mortgage loan is subtracted from the loan amount eligible for assistance to determine the amount of the loan that is eligible for an interest rate on a second mortgage loan determined by reference to (f) of this section.

 (h) The interest rate on the loan amount eligible for assistance of a mortgage loan purchased from the proceeds of bonds that constitute qualified veterans’ mortgage bonds under applicable provisions of 26 U.S.C. (Internal Revenue Code) is the rate for other loans to veterans under (f)(2) of this section. A higher or lower interest rate shall be established on the entire loan amount if required by applicable provisions of 26 U.S.C. (Internal Revenue Code).

 (i) If the money used to purchase a mortgage loan made to a veteran under this section comes from an issue of bonds of the corporation guaranteed by the state, each bond must be issued as part of an issue substantially all of the proceeds of which are used to provide residences for qualifying veterans. In this subsection, a qualifying veteran is a person who is a “qualified veteran” as the term is defined or may subsequently be defined under 26 U.S.C. 143.

 (j) The interest rate limitations of AS 45.45.010 do not apply to loans purchased under this section or to loans that the corporation has, in any manner, committed itself to purchase.

 (k) In this section and in AS 18.56.091 and 18.56.099
     (1) “graduated payment mortgage loan” means a mortgage loan the terms of which provide for monthly principal and interest payments that
          (A) during the first year of the mortgage loan are lower than the monthly principal and interest payments that would be required under the terms of a level payment mortgage loan made at the same interest rate; and

          (B) during subsequent years of the mortgage loan are graduated to provide for the same return over the term of the loan that would have been provided by a level payment mortgage loan made at the same interest rate;

     (2) “loan amount eligible for assistance” means
          (A) the first $50,000 of a mortgage loan for persons of lower or moderate income whose purchase of a home is assisted under AS 18.56.091; or

          (B) except as to persons whose purchase of a home is assisted under AS 18.56.091, the amount of a mortgage loan that does not exceed the amount of the loan established by law; if an amount has not been established by law, the amount is zero;

     (3) “mortgage loan” includes a beneficial interest or participation in a mortgage loan;

     (4) “residence” means
          (A) an owner-occupied, single-family residence, including a mobile home; or

          (B) an owner-occupied duplex, triplex, or fourplex.




Sec. 18.56.099. Powers of corporation to deal in mortgage loans.
The corporation may purchase, sell, hold, or otherwise deal in mortgage loans. In connection with the purchase or sale of a beneficial interest or participation in a mortgage loan, the corporation may enter into a trust agreement providing for the custody, control, and administration of the mortgage loan. The trust agreement may provide that the corporation or a bank or trust company shall act as trustor or trustee under the trust and that title to the mortgage loans subject to the trust shall be considered to have passed as provided in the trust agreement. To the extent provided in the trust agreement, the effect of a sale of a beneficial interest or participation in a mortgage loan is the same as the sale of the mortgage loan subject to the trust.


Sec. 18.56.100. Housing development fund.
 (a) There is created a housing development fund to be administered by the corporation as a trust fund separate and distinct from any other money or funds administered by the corporation.

 (b) Consistent with AS 18.56.090, the corporation may make temporary and permanent loans from the housing development fund, at an interest rate or rates determined by the corporation, and with the security for repayment that is necessary and practicable, to purchase, make, or participate in the making of mortgage loans
     (1) to borrowers who are sponsors, nonprofit corporations, or agencies of the state or a municipal government, for permanent loans to develop, build, repair, remodel, or rehabilitate residential housing that is to be used and occupied as congregate housing; or

     (2) that are not federally insured or guaranteed for residential housing, if the corporation determines that the loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions.

 (c) To the credit of the housing development fund shall be deposited
     (1) grants and contributions to the fund; and

     (2) all receipts of the corporation on account of repayment of or sale or other disposition of the security for any loans made under (b) of this section.

 (d) The corporation may receive and accept from any source whatever any grants or contributions for the housing development fund.

 (e) [Repealed, § 72 ch 113 SLA 1982.]
 (f) [Repealed, § 72 ch 113 SLA 1982.]
 (g) [Repealed, § 72 ch 113 SLA 1982.]
 (h) [Repealed, § 72 ch 113 SLA 1982.]
 (i) [Repealed, § 72 ch 113 SLA 1982.]
 (j) [Repealed, § 72 ch 113 SLA 1982.]
 (k) [Repealed, § 72 ch 113 SLA 1982.]
 (l) The corporation may reduce the interest rate on a loan entered into under (b)(1) of this section only from amounts appropriated to the housing development fund specifically to reduce the interest payable by borrowers who develop housing under (b)(1) of this section. If a project developed by a borrower with a reduced interest subsidy made under this subsection ceases to be used for congregate housing, the corporation shall adjust the interest rate payable on the unpaid balance of the loan to the prevailing rate of interest charged by the corporation on loans made for other residential purposes, but may not reduce the interest rate payable below the subsidized rate.

 (m) The corporation shall adopt regulations to implement (b)(1) and (l) of this section that
     (1) determine borrower eligibility, including regulations to determine that the borrower has the ability to repay the loan;

     (2) define procedures for the application, review, and approval of authorized loans;

     (3) establish loan guidelines, loan terms, and acceptable security for loans; and

     (4) identify characteristics of housing projects eligible for loans.

 (n) In (b)(1) and (l) of this section, “congregate housing” means a multi-family housing development with fully independent living units and services integrated in the buildings that may include, but are not limited to, housekeeping, meal service, and resident training or development programs.




Sec. 18.56.101. Eligibility for veterans’ interest rates.
The following persons are eligible veterans for the purposes of AS 18.56.098(f) and (g):
     (1) a person who served in the armed forces of the United States for 90 days or more, or whose service was for less than 90 days because of injury or disability incurred in the line of duty, after April 6, 1917, whose discharge was under honorable conditions;

     (2) the widow or widower of a member of the armed forces or an eligible veteran if the member or veteran served in the armed forces for at least 90 days after April 6, 1917, and the veteran’s discharge was under honorable conditions;

     (3) a person who has served for not less than five years in the Alaska Army National Guard, or the Alaska Air National Guard, or a reserve unit of the United States armed forces if the reserve unit required, as a minimum, one weekend each month of duty and 15 consecutive days of active duty training each year and
          (A) whose discharge was under honorable conditions; or

          (B) who is currently in an active status in the guard or a reserve unit;

     (4) a person who has served as a commissioned officer of the Regular or Reserve Corps of the Public Health Service whose discharge was under honorable conditions;

     (5) a person who served in the Alaska Territorial Guard for 90 days or more or whose service was for less than 90 days because of injury or disability incurred in the line of duty;

     (6) the widow or widower of a person who served at least 90 days in the Alaska Territorial Guard.




Sec. 18.56.102. Simplified refinancing mortgage loan purchase program. [Repealed, § 9 ch 41 SLA 1987. For current law, see AS 18.56.108.]
Sec. 18.56.103. Federal taxation of interest on bonds and bond anticipation notes.
If the interest on bonds or bond anticipation notes of the corporation issued after June 1, 1980, becomes taxable under the income tax laws of the United States, the legislature may appropriate an amount sufficient to pay the outstanding principal and interest on the bonds or bond anticipation notes. Nothing in this section creates a debt or liability of the state.


Sec. 18.56.104. Allocation of tax-exempt bonds. [Repealed, § 2 ch 81 SLA 1987.]
Sec. 18.56.105. Allocation of lending activities.
The corporation shall designate regions within the state that, in the aggregate, encompass the entire state. In participating in the making or purchasing of loans under AS 18.56.090(a)(1) and (2) or under AS 18.56.100, the corporation shall make its money available through the private financial institutions in the state within each region designated by the corporation under this section. The corporation shall allocate its money among the regions on the basis of recent and future anticipated lending activity as well as the potential need for the loans in each region and may reallocate its money among the regions as it considers appropriate to reflect changes in lending activity or need in the regions.


Sec. 18.56.106. Nonconforming housing loan program.
 (a) There is established in the corporation the nonconforming housing loan program to assist persons to purchase housing that does not conform to minimum building standards under any state or federal program that provides for housing purchases.

 (b) The corporation shall adopt regulations under this section that establish conditions and terms for nonconforming housing loans including terms and conditions relating to owner and nonowner occupancy, the number of loans that may be made to a single borrower, and borrower eligibility requirements. The corporation shall permit loans under this section for nonconforming housing located on land to which a borrower has agricultural rights.




Sec. 18.56.107. Loan origination and service fees for rural areas.
Loan origination and service fees charged for a loan made or purchased in a rural area with money received by the corporation after July 1, 1981, may be higher than loan origination and service fees charged for other loans made or purchased by the corporation and the corporation may pay a portion of the higher fees.


Sec. 18.56.108. Simplified refinancing mortgage loan purchase program.
 (a) The corporation shall establish a simplified refinancing mortgage loan purchase program. Under the simplified refinancing mortgage loan purchase program, the corporation may purchase refinancing mortgage loans to provide relief to borrowers under circumstances described by regulations adopted by the corporation.

 (b) AS 18.56.098(c), (e), and (j) apply to refinancing mortgage loans purchased under (a) of this section.

 (c) Subject to (d) of this section, the interest rate on a refinancing mortgage loan purchased under (a) of this section is two percent less than the cost to the corporation of the money used to purchase the refinancing mortgage loan, except that if the cost of money
     (1) is 10 percent or less, the interest rate is equal to the cost of money; and

     (2) is more than 10 percent, the interest rate may not be less than 10 percent.

 (d) If the refinancing mortgage loan is an adjustable rate mortgage loan, the corporation shall establish the initial interest rate as provided in (c) of this section and shall recalculate the interest rate from time to time in accordance with (c) of this section. However, notwithstanding (c)(1) of this section, the corporation may establish a minimum interest rate applicable to an adjustable rate refinancing mortgage loan. The interest rate on the adjustable rate refinancing mortgage loan may not be less than the minimum interest rate established under this subsection, regardless of the cost of money to the corporation.

 (e) The corporation may adopt regulations to implement this section, including regulations to define “cost of money” for purposes of this section. The regulations may provide for recalculation of the cost of money under (d) of this section at the times and frequencies the corporation considers appropriate. The time and frequency for a recalculation under (d) of this section is not required to match the time or frequency of a change in the cost of money to the corporation.

 (f) Equity extraction may not be allowed under this program.

 (g) In this section, “refinancing mortgage loan” means a loan refinancing another mortgage loan owned by the corporation.




Sec. 18.56.109. Teachers’ and health care professionals’ housing loan program. [Repealed, § 2 ch 115 SLA 2008.]
Sec. 18.56.110. Bonds and notes.
 (a) The corporation, by resolution, may issue bonds and bond anticipation notes in order to provide funds to carry out and effectuate its purposes.

 (b) The principal and interest on these bonds or notes, except state guaranteed bonds, is payable from corporation funds, excluding funds in the housing development fund. The principal and interest on state guaranteed bonds is payable from corporation funds, excluding funds in the housing development fund, and in accordance with the terms of the state guaranty of principal and interest. Bond anticipation notes may be payable from the proceeds of the sale of bonds or from the proceeds of sale of other bond anticipation notes or, in the event bond or bond anticipation note proceeds are not available, the notes may be paid from other funds or assets of the corporation. Bonds or notes may be additionally secured by a pledge of a grant or contribution from the federal government, or a corporation, association, institution, or person, or a pledge of money, income, or revenues of the corporation from any source. The corporation may issue state guaranteed bond anticipation notes in anticipation of the sale of state guaranteed bonds to be issued under this chapter. State guaranteed bond anticipation notes are guaranteed as to principal and interest by the state and secured by the full faith, credit, and resources of the state.

 (c) Bonds or bond anticipation notes may be issued in one or more series and shall be dated, bear interest at the rate or rates per year or within the maximum rate, be in the denomination, be in the form, either coupon or registered, carry the conversion or registration provisions, have the rank or priority, be executed in the manner and form, be payable from the sources in the medium of payment and place or places within or outside the state, be subject to authentication by a trustee or fiscal agent, and be subject to the terms of redemption with or without premium, as the resolution of the corporation may provide. Bond anticipation notes shall mature at the time or times that are determined by the corporation. Bonds shall mature at a time, not exceeding 50 years from their date, that is determined by the corporation. Before the preparation of definitive bonds or bond anticipation notes, the corporation may issue interim receipts or temporary bonds or bond anticipation notes, with or without coupons, exchangeable for bonds or bond anticipation notes when these definitive bonds or bond anticipation notes have been executed and are available for delivery.

 (d) Bonds or bond anticipation notes, except state guaranteed bonds and bond anticipation notes, may be sold in the manner and on the terms the corporation determines. State guaranteed bonds and bond anticipation notes shall be sold at public sale by the corporation in amounts and at times as may be approved by the state bond committee, on terms fixed under the notice of sale.

 (e) If an officer whose signature or a facsimile of whose signature appears on any bonds or notes or coupons attached to them ceases to be an officer before the delivery of the bond, note or coupon, the signature or facsimile is valid the same as if the officer had remained in office until delivery.

 (f) In any resolution of the corporation authorizing or relating to the issuance of bonds or bond anticipation notes, the corporation has power by provisions in the resolution which will constitute covenants of the corporation and contracts with the holders of the bonds or bond anticipation notes
     (1) to pledge to any payment or purpose all or any part of its revenues to which its right then exists or may thereafter come into existence, and the money derived from the revenues, and the proceeds of any bonds or notes;

     (2) to covenant against pledging all or any part of its revenues, or against permitting or suffering a lien on the revenues of its property;

     (3) to covenant as to the use and disposition of any and all payments of principal or interest received by the corporation on mortgage loans, construction loans, or other investments held by the corporation;

     (4) to covenant as to establishment of reserves or sinking funds and the making of provision for and the regulation and disposition of the reserves or sinking funds;

     (5) to covenant with respect to or against limitations on a right to sell or otherwise dispose of property of any kind;

     (6) to covenant as to bonds and notes to be issued, and their limitations, terms, and conditions, and as to the custody, application, and disposition of the proceeds of the bonds and notes;

     (7) to covenant as to the issuance of additional bonds or notes, or as to limitations on the issuance of additional bonds or notes and the incurring of other debts;

     (8) to covenant as to the payment of the principal of or interest on the bonds or notes, as to the sources and methods of the payment, as to the rank or priority of the bonds or notes with respect to a lien or security, or as to the acceleration of the maturity of the bonds or notes;

     (9) to provide for the replacement of lost, stolen, destroyed, or mutilated bonds or notes;

     (10) to covenant against extending the time for the payment of bonds or notes or interest on the bonds or notes;

     (11) to covenant as to the redemption of bonds or notes and privileges of their exchange for other bonds or notes of the corporation;

     (12) to covenant to create or authorize the creation of special funds of money to be held in pledge or otherwise for operating expenses, payment or redemption of bonds or notes, reserves, or other purposes, and as to the use and disposition of the money held in the funds;

     (13) to establish the procedure, if any, by which the terms of any contract or covenant with or for the benefit of the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent to amendment or abrogation, and the manner in which the consent may be given;

     (14) to covenant as to the custody of any of its properties or investments, their safekeeping and insurance, and the use and disposition of insurance money;

     (15) to covenant as to the time or manner of enforcement or restraint from enforcement of any rights of the corporation arising by reason of or with respect to nonpayment of any principal or interest of any mortgage loans or construction loans;

     (16) to provide for the rights and liabilities, powers and duties arising upon the breach of any covenant, condition, or obligation, and to prescribe the events of default and the terms and conditions upon which any or all the bonds, notes, or other obligations of the corporation become or may be declared due and payable before maturity and the terms and conditions upon which any such declaration and its consequences may be waived;

     (17) to vest in a trustee or trustees within or outside the state the property, rights, powers, and duties in trust as the corporation may determine, which may include any or all of the rights, powers, and duties of any trustee appointed by the holders of any bonds or notes, and to limit or abrogate the right of the holders of any bonds or notes of the corporation to appoint a trustee under this chapter or limit the rights, powers, and duties of the trustee;

     (18) to pay the costs or expenses incident to the enforcement of the bonds or notes or of the provisions of the resolution or of any covenant or agreement of the corporation with the holders of its bonds or notes;

     (19) to agree with any corporate trustee which may be any trust company or bank having the powers of a trust company within or outside the state as to the pledging or assigning of revenue or funds to which or in which the corporation has any rights or interest; the agreement may further provide for other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of any bonds or notes of the corporation and not otherwise in violation of law and may provide for the restriction of the rights of an individual holder of bonds or notes of the corporation;

     (20) to appoint and provide for the duties and obligations of any paying agent or paying agents, or other fiduciaries as the resolution may provide within or outside the state;

     (21) to limit the rights of the holders of any bonds or notes to enforce any pledge or covenant securing bonds or notes;

     (22) to make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character, and to make covenants to do or refrain from doing acts and things as may be necessary, or convenient and desirable, in order to better secure bonds or notes or that, in the absolute discretion of the corporation, will tend to make bonds or notes more marketable, notwithstanding that the covenants, acts or things may not be enumerated in this section.

 (g) Notwithstanding AS 18.56.090(a)(11) and (a) of this section, the corporation may not issue bonds in any 12-month period in an amount that exceeds the amount of bonds authorized to be issued during the preceding period, unless a different amount is authorized by the legislature. This subsection does not apply to
     (1) the issuance by the corporation of refunding bonds;

     (2) the issuance by the corporation of bonds the proceeds of which are intended to be used to refinance mortgage loans held by the corporation; or

     (3) the issuance by a subsidiary of the corporation of bonds to prepay all or a portion of a governmental employer’s share of unfunded accrued actuarial liability of retirement systems if the board of the subsidiary first finds that the actuarially assumed rate of return on the funds managed by the Alaska Retirement Management Board is projected to exceed the true interest cost to be paid on the bonds by at least 1.5 percent annually.




Sec. 18.56.115. Independent financial advisor.
In negotiating the private sale of bonds or bond anticipation notes to an underwriter, the corporation may retain a financial advisor. A financial advisor retained under this section must be independent from the underwriter.


Sec. 18.56.120. Validity of any pledge.
The pledge of assets or revenue of the corporation to the payment of the principal or interest on any obligations of the agency is valid and binding from the time the pledge is made and the assets or revenue are immediately subject to the lien of the pledge without physical delivery or further act. The lien of any pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether those parties have notice of the lien of the pledge. This section does not prohibit the corporation from selling assets subject to any pledge, except that any sale may be restricted by the trust agreement or resolution providing for the issuance of the obligations.


Sec. 18.56.125. Capital reserve fund.
 (a) For the purpose of securing any one or more issues of its obligations, the corporation may establish one or more special funds, called “capital reserve funds”, and shall pay into those capital reserve funds (1) any money appropriated and made available by the state for the purpose of any of those funds, (2) any proceeds of the sale of its obligations, to the extent provided in the resolution or resolutions of the corporation authorizing their issuance, and (3) any other money that may be made available to the corporation for the purposes of those funds from any other source. All money held in a capital reserve fund, except as provided in this section, shall be used as required, solely for the payment of the principal of obligations or of the sinking fund payments with respect to those obligations; the purchase or redemption of obligations; the payment of interest on obligations; or the payment of any redemption premium required to be paid when those obligations are redeemed before maturity. However, money in any fund may not be withdrawn from it at any time in an amount that would reduce the amount of that fund to less than the capital reserve requirement set out in (b) of this section, except for the purpose of making, with respect to those obligations, payment, when due, of principal, interest, redemption premiums and the sinking fund payments for the payment of which other money of the corporation is not available. Any income or interest earned by, or increment to, a capital reserve fund, due to the investment of the fund or any other amounts in it, may be transferred by the corporation to other funds or accounts of the corporation to the extent that the transfer does not reduce the amount of the capital reserve fund below the capital reserve fund requirement.

 (b) If the corporation decides to issue obligations secured by a capital reserve fund, the obligations may not be issued if the amount in the capital reserve fund is less than such a percent, not exceeding 10 percent of the principal amount of all of those obligations secured by that capital reserve fund then to be issued and then outstanding in accordance with their terms, as may be established by resolution of the corporation (called the “capital reserve fund requirement”), unless the corporation, at the time of issuance of the obligations, deposits in such capital reserve fund from the proceeds of the obligations to be issued or from other sources, an amount which, together with the amount then in the fund, will not be less than the capital reserve fund requirement.

 (c) In computing the amount of a capital reserve fund for the purpose of this section, securities in which all or a portion of the funds are invested shall be valued at par or, if purchased at less than par, at amortized costs as the term is defined by resolution of the corporation authorizing the issue of the obligations, or by some other reasonable method established by the corporation by resolution. Valuation on a particular date shall include the amount of any interest earned or accrued to that date.

 (d) To assure the continued operation and solvency of the corporation for the carrying out of its corporate purposes, provision is made in (a) of this section for the accumulation in capital reserve funds of an amount equal to their capital reserve fund requirement.

 (e) The chairman of the corporation shall annually, no later than January 2, make and deliver to the governor and chairmen of the house and senate finance committees a certificate stating the sum, if any, required to restore any capital reserve fund to the capital reserve fund requirement. The legislature may appropriate that sum, and all sums appropriated during the then current fiscal year by the legislature for the restoration shall be deposited by the corporation in the proper capital reserve fund. Nothing in this section creates a debt or liability of the state.

 (f) [Repealed by § 77 ch 106 SLA 1980.]




Sec. 18.56.130. Remedies.
A holder of obligations or coupons attached to them issued under the provisions of this chapter, and a trustee under any trust agreement or resolution authorizing the issuance of the obligations, except as restricted by a trust agreement or resolution, either at law or in equity, may enforce all rights granted hereunder or under the trust agreement or resolution, or under any other contract executed by the corporation under this chapter, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the corporation or by any officer of it.


Sec. 18.56.135. Loan servicing requirements.
 (a) If the servicing of a loan is sold to another person, the seller shall notify the mortgagor of the sale within 10 days after the actual date of the sale. The notification must include
     (1) the name, address, and telephone number of the person who will assume responsibility for the servicing and accept payments for the loan;

     (2) a detailed written financial breakdown of the loan, including the interest rate, monthly payment amount, and current escrow balance.

 (b) The purchaser of loan servicing under (a) of this section shall
     (1) issue to the mortgagor corrected coupon or payment books, if used;

     (2) within 20 days after the due date of the first payment to be made to the purchaser,
          (A) notify the mortgagor of the name, address, and telephone number of the person from whom the mortgagor can receive information regarding the servicing of the loan;

          (B) inform the mortgagor of changes made regarding the loan escrow account or servicing requirements, including the interest rate, monthly payment amount, and current escrow balance.

 (c) A loan servicing agent shall respond within 15 business days to a written request for information from the mortgagor. The written response must include the telephone number of the agent’s representative who can assist the mortgagor.

 (d) If a mortgagor of a loan is required to maintain funds in an escrow account to cover the payment of the tax or insurance obligations for the mortgaged property, the loan servicing agent shall make each tax or insurance payment in a timely manner as the obligations become due if the funds in the account are sufficient to cover the payment. If the funds in the account are insufficient to make the payment, the loan servicing agent shall promptly notify the mortgagor of the shortage and may make the payment on behalf of the mortgagor.

 (e) In this section,
     (1) “loan” means a mortgage loan purchased by the corporation under a residential housing loan program authorized by this chapter;

     (2) “loan servicing agent” means an institution other than the Alaska Housing Finance Corporation that services a loan.




Sec. 18.56.140. Negotiable instruments.
All obligations and interest coupons attached to them are negotiable instruments under the laws of this state, subject only to any applicable provisions for registration.


Sec. 18.56.150. Obligations eligible for investment.
Obligations issued under the provisions of this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. These obligations may be deposited with any state or municipal officer of any agency or political subdivision of the state for any purpose for which the deposit of bonds, notes, or obligations of the state is authorized by law.


Sec. 18.56.160. Refunding obligations.
 (a) The corporation may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding that have been issued under the provisions of this chapter, including the payment of any redemption premium on them and any interest accrued or to accrue to the date of redemption of the obligations. The issuance of the obligations, the maturities and other details of them, the rights of the holders of them, and the rights, duties, and obligations of the corporation in respect of them are governed by the provisions of this chapter that relate to the issuance of obligations, insofar as those provisions may be appropriate.

 (b) Refunding obligations may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of the outstanding obligations. Pending the application of the proceeds of refunding obligations, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of the refunding obligations or in the trust agreement securing them, to the payment of any interest on the refunding obligations and any expenses in connection with the refunding, the proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States that mature or that will be subject to redemption, at the option of the holders of them, not later than the respective dates when the proceeds, together with the interest accruing on them, will be required for the purposes intended.




Sec. 18.56.170. Credit of state not pledged.
 (a) Obligations issued under the provisions of this chapter other than state guaranteed bonds do not constitute a debt, liability, or obligation of the state or of any political subdivision of the state or a pledge of the faith and credit of the state or of a political subdivision but are payable solely from the revenue or assets of the corporation. Each obligation issued under this chapter other than a state guaranteed bond shall contain on its face a statement that the corporation is not obligated to pay it nor the interest on it except from the revenue or assets of the corporation and that neither the faith and credit nor the taxing power of the state or of any political subdivision of the state is pledged to the payment of the principal of or the interest on the obligation.

 (b) Expenses incurred by the corporation in carrying out the provisions of this chapter are payable from funds provided under this chapter and liability may not be incurred by the corporation in excess of these funds.




Sec. 18.56.180. Officers not liable.
A member or other officer of the corporation is not subject to personal liability or accountability by reason of having executed or issued any obligations.


Sec. 18.56.190. Tax exemption.
 (a) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their social and economic conditions, and the corporation is not required to pay a tax or assessment on any property owned by the corporation under the provisions of this chapter or upon the income from it, except taxes on real property of which the corporation is fee owner.

 (b) All obligations issued under this chapter are declared to be issued by a body corporate and public of the state and for an essential public and governmental purpose, and the obligations, and the interest and income on and from the obligations, and all fees, charges, funds, revenues, income, and other money pledged or available to pay or secure the payment of the obligations, or interest on the obligations, are exempt from taxation except for transfer, inheritance, and estate taxes.




Sec. 18.56.200. Annual report.
 (a) The corporation shall prepare and transmit annually a report accounting to the governor for the efficient discharge of all responsibility assigned by law or by directive to the corporation. The corporation shall notify the legislature that the report is available.

 (b) By January 10 of each year, the board shall publish a report of the corporation for distribution. The board shall notify the governor, legislature, and the public that the report is available. The report shall be written in easily understandable language. The report must include a financial statement audited by an independent outside auditor, a statement of corporation investments in mortgage loans under this chapter, including an estimate of market value of the mortgage loans, a comparison of the corporation performance with the goals of the corporation, and the levels of bonding and investment activities anticipated in the previous year’s report under (c) of this section, and any other information the board believes would be of interest to the governor, the legislature, and the public. The annual income statement and balance sheet of the corporation shall be published in at least one newspaper in each judicial district. The board may also publish other reports it considers desirable to carry out its purpose.

 (c) The corporation shall include in its annual report under (b) of this section an estimate of the investment activity of the corporation in mortgage loans under this chapter for the following 12-month period and an estimate of the amount of bonds to be issued for the investments.

 (d) The corporation shall include in its annual report under (b) of this section
     (1) a report of its activities under
          (A) AS 18.55.010 — 18.55.290 (Housing Project and Public Building Assistance Act);

          (B) AS 18.55.300 — 18.55.470 (programs of moderate income and rental housing);

          (C) AS 18.55.480 — 18.55.960 (Slum Clearance and Redevelopment Act);

     (2) a summary of its efforts to implement a program to extend the operation of the programs authorized under AS 18.55 and this chapter to rural communities;

     (3) an evaluation of the corporation’s ability to fulfill the objectives of AS 18.56.010(b) — (e); and

     (4) the amount of interest rate, building, and other subsidies for each program of the corporation for which subsidies are given.




Sec. 18.56.205. Residential mortgage assistance for members of the Alaska delegation to Congress.
The corporation may extend the special mortgage loan purchase program under AS 18.56.098 to purchase a mortgage loan made for the purchase or rehabilitation of a residence located in the District of Columbia or within 50 miles of the District of Columbia to a member of the United States Congress from Alaska if the member is otherwise qualified for assistance under the special mortgage loan purchase program.


Sec. 18.56.210. Market stabilization powers.
 (a) If the board determines that it is in the best interest of the corporation, the corporation may take appropriate action under this section to stabilize the market price of and demand for residential housing in the state. To accomplish the purposes of this section, the corporation may
     (1) make and execute necessary agreements and conveyances under which a borrower may exchange residential housing securing a mortgage loan owned, held, or sold by the corporation for other residential housing owned by the corporation;

     (2) repurchase a mortgage loan sold or pledged by the corporation for the purpose of exercising a power conferred by this section;

     (3) for the purpose of qualifying residential housing situated in a condominium project for the best available financing for mortgage loans, make and execute agreements and contracts necessary to encourage all owners who occupy units in a condominium project that is not eligible for financing under this chapter to exchange their ownership interest for a condominium unit owned by the corporation in another project;

     (4) make and execute appropriate agreements with insurers, investors, and guarantors concerning the temporary removal of residential housing owned by the corporation from the resale market;

     (5) convert residential housing owned by the corporation that is designed and constructed for owner occupancy to another beneficial use;

     (6) make bulk sales of property owned by the corporation under procedures and terms the corporation determines are in the best interests of the corporation;

     (7) after giving due consideration to the interests of competing individual sellers of residential housing, provide financing under terms established by the board to promote the sale of residential housing owned by the corporation;

     (8) invest funds of the corporation in the removal and disposal of substandard publicly owned residential housing if the board of directors determines that the investment is prudent, properly secured, and in the long-term best interests of the corporation;

     (9) create subsidiary entities to implement a power conferred by this section and to provide insurance under AS 18.56.093 and 18.56.095;

     (10) purchase loans from the former housing assistance loan fund (former AS 44.47.380) if and only if the payments of principal and interest on the loans, or amounts equal to the payments of principal and interest on the loans, are deposited in a separate fund of the corporation to be used for the purposes, and subject to the standards and criteria, of former AS 44.47.360 — 44.47.560 as those statutes provided on June 10, 1988; and

     (11) take other actions necessary, convenient, or desirable to carry out the powers granted in this subsection.

 (b) The corporation shall implement the powers conferred by (a) of this section by adopting regulations under AS 18.56.088.




Sec. 18.56.220. Duty to advise about corporation’s programs.
The corporation shall make a reasonable effort, through seminars, training sessions, and other forms of technical assistance, to assist local governments, regional housing authorities, nonprofit organizations, and other organizations and individuals to understand the corporation’s housing programs and the opportunities that exist to obtain financial assistance from the corporation.


Sec. 18.56.230. Commercial use in a multi-unit residential housing development owned or financed by the corporation; limitations.
 (a) The corporation may authorize commercial use in a multi-unit residential housing development it owns or finances if
     (1) the use is not prohibited under (b) of this section; and

     (2) the total of all commercial uses does not occupy more than a percentage of the space in the multi-unit residential housing development that the corporation has determined is consistent with the corporation’s goal of increasing available affordable housing.

 (b) The corporation may not authorize the commercial use of space in a multi-unit residential housing development owned or financed by the corporation for
     (1) a business that offers adult entertainment;

     (2) the sale of alcoholic beverages, unless the sale is in a restaurant or eating place licensed under AS 04.11.100 or is in premises designated by the Alcoholic Beverage Control Board as a restaurant under AS 04.16.049;

     (3) substance abuse treatment; or

     (4) a business that primarily sells, transfers, or stores cigarettes or tobacco-related products.

 (c) This section does not require the corporation to authorize commercial use in a multi-unit residential housing development owned or financed by the corporation.

 (d) In this section,
     (1) “business that offers adult entertainment” has the meaning given in AS 23.10.350(f);

     (2) “cigarette” has the meaning given in AS 18.74.290;

     (3) “commercial use” includes a business or nonprofit activity conducted by a sole proprietorship, cooperative, corporation, firm, partnership, or other association of persons organized in any manner.




Sec. 18.56.300. Construction standards for housing eligible for purchase of loans.
 (a) The corporation may not make or purchase a housing loan for residential housing the construction of which begins after June 30, 1992, unless the seller of the mortgage loan complies with the provisions of this section and unless
     (1) the unit is in compliance with the construction codes of the municipality, if the unit is located within a municipality that has adopted and enforces construction codes and each of those codes meets or exceeds the comparable standards for similar housing established by the state building code; or

     (2) the unit is in compliance with the comparable standards for similar housing established by the state building code
          (A) if the unit is located
               (i) within a municipality whose construction codes do not meet the standards for similar housing established by the state building code;

               (ii) within a municipality that does not enforce construction codes; or

               (iii) outside a municipality; or

          (B) as to each specific code within the construction codes of the municipality that has adopted and enforces construction codes if the specific code does not meet or exceed the comparable standard for similar housing established by the state building code.

 (b) As a condition of a commitment to purchase or approve a loan under this section for residential housing the construction of which begins after June 30, 1992, the corporation shall require inspection of the unit of residential housing that is the subject of the loan. The inspection must be performed by a municipal building inspector, by an individual who is registered under AS 08.18 to perform home inspections for new construction, by an architect registered under AS 08.48, by an engineer registered under AS 08.48, or by another person approved by the corporation. When the unit of residential housing is located in a rural area, the person who makes the inspection may use methods other than a personal physical inspection to make the inspection if the method is approved by the corporation, and variations from the applicable code may be accepted at the corporation’s discretion, if the person authorized to inspect the unit under this subsection satisfies the corporation that the variation does not adversely affect the structural integrity of the unit or the health and safety of the residents. The person who makes the inspection shall determine whether the construction conforms to relevant provisions of the construction codes of the municipality or of the state building code, as applicable, at each of the following stages of construction:
     (1) plan approval;

     (2) completion of footings and foundations;

     (3) completion of electrical installation, plumbing, and framing;

     (4) completion of installation of insulation;

     (5) final approval.

 (c) A person may not bring an action for damages based on a duty imposed by (b) of this section to inspect a residential unit unless the action is for damages caused by gross negligence or intentional misconduct.

 (d) This section does not apply to a nonconforming housing loan made or purchased by the corporation.

 (e) In this section,
     (1) “construction codes” means, with reference to a municipality, the building, mechanical, plumbing, and electrical codes, or any of them that have been adopted and are enforced by the municipality;

     (2) “rural area” means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks;

     (3) “state building code” means
          (A) for building standards, the standards set out in the version of the Uniform Building Code adopted by the Department of Public Safety under AS 18.70.080, including the provisions of that code applicable to buildings used for residential purposes containing fewer than four dwelling units, notwithstanding the exclusion of those buildings from the Department of Public Safety’s jurisdiction made by AS 18.70.080(a)(2);

          (B) for mechanical standards, the standards set out in the version of the Uniform Mechanical Code adopted by the Department of Public Safety under AS 18.70.080, including the provisions of that code applicable to buildings used for residential purposes containing fewer than four dwelling units, notwithstanding the exclusion of those buildings from the Department of Public Safety’s jurisdiction made by AS 18.70.080(a)(2);

          (C) for plumbing standards, the minimum plumbing code adopted for the state under AS 18.60.705; and

          (D) for electrical standards, the minimum electrical standards prescribed by AS 18.60.580.




Sec. 18.56.390. Definitions for AS 18.56.010 — 18.56.390.
In AS 18.56.010 — 18.56.390, unless the context clearly indicates a different meaning,
     (1) “adjustable rate mortgage loan” means a mortgage loan with respect to which the interest rate varies or is expected to vary from time to time by reference to an index or formula or other reference point;

     (2) “bond” or “obligation” means a bond, bond anticipation note, or other note of the corporation authorized to be issued by the corporation under this chapter, or a mortgage participation certificate issued with respect to mortgages of the corporation;

     (3) “construction loan” means a construction loan for land development or residential housing that is secured by a federally insured or guaranteed mortgage or that is insured or guaranteed by the United States or an instrumentality of the United States, or for which there is a commitment by the United States or an instrumentality of the United States to insure or guarantee such a loan, or a construction loan for land development or residential housing which land development or residential housing will be secured by a mortgage loan;

     (4) “development costs” means the costs approved by the corporation as appropriate expenditures that may be incurred by sponsors, builders, and developers of residential housing, before commitment and initial advance of the proceeds of a construction loan or of a mortgage loan, including but not limited to
          (A) payments for options to purchase properties on the proposed residential housing site, deposits on contracts of purchase, or, with prior approval of the corporation, payments for the purchase of the properties;

          (B) legal and organizational expenses, including payments of attorney fees, project manager, clerical, and other staff salaries, office rent, and other incidental expenses;

          (C) payment of fees for preliminary feasibility studies and advances for planning, engineering, and architectural work;

          (D) expenses for tenant surveys and market analyses; and

          (E) necessary application and other fees;

     (5) “governmental agency” means any department, division, public agency, political subdivision, or other public instrumentality of the state or the federal government;

     (6) “governmental employer” means the State of Alaska or a municipality or other state or municipal governmental entity within the state, including an agency, instrumentality, district, school district, public corporation, department, division, or other subdivision of the state or of a municipality, in its capacity as an employer;

     (7) “housing development fund” means the housing development fund created by AS 18.56.100;

     (8) “land development” means the process of acquiring land primarily for residential housing construction for persons of lower and moderate income and making, installing, or constructing nonresidential housing improvements, including water, sewer, and other utilities, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and other installations or works, whether on or off the site, that the corporation considers necessary or desirable to prepare the land primarily for residential housing construction;

     (9) “mortgage” or “mortgage loan” means a mortgage loan for residential housing insured or guaranteed by the United States or an instrumentality of the United States or for which there is a commitment by the United States or an instrumentality of the United States to insure or guarantee such a mortgage, or if not so insured or guaranteed or if there is no such commitment, that is secured upon such terms and conditions as the corporation considers necessary or practicable to insure all repayments;

     (10) “persons of lower and moderate income” means a person or persons considered by the corporation to require assistance available under this chapter on account of insufficient or inadequate personal or family income or otherwise limited personal financial resources, taking into consideration, without limitation, such factors as
          (A) the amount of the total income of the persons available for housing needs;

          (B) the size of the family;

          (C) the cost and condition of housing facilities available;

          (D) standards established for various federal programs determining eligibility based on income of the persons; and

          (E) the ability of the persons to compete successfully in the normal housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing;

     (11) “remote, underdeveloped, or blighted areas” means areas considered by the corporation to require assistance available under this chapter on account of insufficient availability of the residential housing necessary to promote, develop, or maintain the economic growth or potential of the area, taking into consideration, without limitation, the following:
          (A) the population, resources, and environment of the area;

          (B) the present availability and condition of residential housing in and near the area;

          (C) the cost of construction and rehabilitation of residential housing in the area;

          (D) the availability of other federal or state sponsored programs to facilitate the development of residential housing in the area; and

          (E) the ability of residents of the area to finance the purchase of residential housing or to rent or lease residential housing at rates comparable to those in effect in other areas of the state;

     (12) “residential building” or “residential housing”
          (A) means a specific work or improvement undertaken primarily to provide dwelling accommodations without limitation as to form of lawful occupancy, whether rental, under contract, fee ownership, cooperative housing, condominium, mobile home, or other lawful form of ownership;

          (B) includes
               (i) special needs housing; and

               (ii) the acquisition, construction, or rehabilitation of land, buildings, and improvements to them, and other nonhousing facilities as may be incidental or appurtenant to the land or buildings;

     (13) “special needs housing”
          (A) means residential housing designed to meet the needs of persons with specific and special housing needs, including supportive services;

          (B) includes
               (i) housing for the elderly and individuals with a disability or mental illness;

               (ii) emergency shelter for the homeless; and

               (iii) transitional housing;

     (14) “sponsors” means individuals, public and private corporations, associations, partnerships or other entities, whether or not operated for profit; and consumer housing cooperatives, associations, partnerships, or other entities organized under law for the primary purpose of providing housing to individuals and families of lower and moderate income; it includes organizations engaged in the production, origination, and development of residential housing units intended to qualify for financial assistance under 42 U.S.C. 1437f (sec. 8, Housing Act of 1937), as amended.




Article 2. Housing Assistance.


Sec. 18.56.400. Powers of corporation related to housing assistance.
The board may
     (1) adopt regulations in accordance with AS 18.56.088 to implement AS 18.56.400 — 18.56.600;

     (2) make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions granted under AS 18.56.400 — 18.56.600;

     (3) purchase or participate in the purchase of small community housing mortgage loans under AS 18.56.400 — 18.56.600;

     (4) purchase or participate in the purchase of loans for building materials for small community housing under AS 18.56.400 — 18.56.600;

     (5) procure insurance against loss in connection with the corporation’s functions under AS 18.56.400 — 18.56.600;

     (6) acquire real or personal property, or an interest in real or personal property, by purchase, transfer, or foreclosure, when the acquisition is necessary or appropriate to protect a loan in which the corporation has an interest; sell, transfer and convey that property to a buyer; and, if the sale, transfer or conveyance cannot be effected with reasonable promptness or at a reasonable price, rent or lease the property to a tenant pending the sale, transfer or conveyance;

     (7) do all acts necessary, convenient, or desirable to carry out the powers expressly granted or necessarily implied in AS 18.56.400 — 18.56.600;

     (8) originate and service direct loans made to qualified buyers under AS 18.56.400 — 18.56.600.




Sec. 18.56.410. Alaska energy efficient home grant fund.
 (a) There is established in the corporation the Alaska energy efficient home grant fund consisting of money appropriated to it by the legislature and deposited in it by the corporation. The corporation shall administer the Alaska energy efficient home grant fund under the provisions of this section.

 (b) Subject to appropriation, the corporation may grant funds from the Alaska energy efficient home grant fund to agencies of the state or federal government, individuals, or businesses that retrofit existing single family dwellings or build new single family dwellings that meet criteria adopted by the corporation.

 (c) The corporation shall adopt guidelines and procedures for the fund.




Sec. 18.56.420. Housing assistance loan program.
 (a) There is created in the corporation the housing assistance loan program. The corporation shall provide money to originate, purchase, participate in the purchase of, or refinance
     (1) small community housing mortgage loans;

     (2) loans made for building materials for small community housing;

     (3) loans made for renovations or improvements to small community housing; and

     (4) loans made for the construction of owner-occupied small community housing other than loans to builders or contractors or loans that compensate an owner for the owner’s labor or services in constructing the owner’s own housing.

 (b) [Repealed, § 8 ch 134 SLA 2004.]




Sec. 18.56.430. Home ownership assistance fund.
 (a) There is created in the corporation the home ownership assistance fund consisting of money appropriated to it by the legislature and deposited in it by the corporation. Money in the fund shall be used solely to assist persons of lower and moderate income to purchase or construct single-family homes financed under AS 18.56.400 — 18.56.600 by providing a subsidy to those persons.

 (b) The subsidy provided by this section may not exceed the amount that is necessary to reduce the annual interest rate paid on the mortgage loan to six percent.

 (c) A mortgage loan that is subsidized from the home ownership assistance fund may not exceed $120,000.

 (d) The corporation shall adopt regulations that establish maximum income-to-loan payment ratios for persons who apply for a subsidy under this section.

 (e) In this section, “persons of lower and moderate income” means individuals considered by the corporation to require assistance under this section because of inadequate income or other limited personal financial resources, taking into consideration
     (1) the amount of total income available for housing needs;

     (2) the size of the family;

     (3) the cost and condition of available housing;

     (4) standards established in various federal programs for determining eligibility based on income;

     (5) the ability to enter the private housing market and to pay market amounts for decent, safe, and sanitary housing; and

     (6) other factors considered relevant by the corporation.




Sec. 18.56.440. Limitations on use of housing assistance loan program.
The housing assistance loan program may not be used to
     (1) originate a direct loan or purchase or participate in the purchase of a small community housing mortgage loan that exceeds the limitations on mortgage loans purchased by the Federal National Mortgage Association as to principal amount or loan-to-value ratio;

     (2) originate a direct loan or purchase or participate in the purchase of a loan made for building materials for small community housing
          (A) that exceeds $45,000 or exceeds
               (i) 80 percent of the appraised value of the work completed on the small community housing for which the loan is made if the small community housing is pledged as collateral for the loan; or

               (ii) 90 percent of the value of other property that is pledged as security for the loan and that is satisfactory to the corporation as collateral;

          (B) unless the terms of the loan agreement require inspections and certifications, as required by regulations of the corporation, at the expense of the borrower; and

          (C) unless the period of time allowed for repayment of the loan is equal to or less than 15 years;

     (3) originate direct loans or purchase or participate in the purchase of a small community housing mortgage loan that is secured by real property the marketable title to which is shown under AS 18.56.480(b)(2) if the total amount of outstanding small community housing mortgage loans held by the corporation exceeds 10 times the amount of money in the restricted title loss reserve account established by AS 18.56.490;

     (4) originate a direct loan for small community housing or purchase or participate in the purchase of a small community housing mortgage loan, other than a loan for the repair, remodeling, rehabilitation, or expansion of an existing owner-occupied residence, if the borrower has an outstanding housing loan made under a state loan program, other than a loan for nonowner-occupied housing under AS 18.56.580 or under former AS 44.47.520, that bears interest at a rate that was less than the prevailing market interest rate for similar housing loans at the time the loan was made;

     (5) originate a direct mortgage loan or purchase or participate in the purchase of a mortgage loan for rental housing unless the borrower agrees not to discriminate against tenants or prospective tenants because of sex, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, national origin, or status as a student; or

     (6) originate, purchase, or participate in a loan 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.




Sec. 18.56.450. Operating loss reserve account.
 (a) There is established an operating loss reserve account for the purpose of meeting legal expenses incurred through the foreclosure of properties acquired by the corporation under AS 18.56.400(6) and making repairs to these properties so that they may be sold to new buyers.

 (b) The operating reserve loss account consists of money appropriated to it by the legislature and deposited in it by the corporation. To the extent that money is paid out of the operating loss reserve account for the purposes stated in this section, this money shall be replaced with money received as interest on loans authorized by AS 18.56.400 — 18.56.600.




Sec. 18.56.460. Security for loans.
 (a) The corporation shall adopt regulations in accordance with AS 18.56.088 establishing acceptable security for loans originated or purchased in whole or in part under AS 18.56.420.

 (b) A person may pledge as security for the repayment of a loan originated or purchased in whole or in part under AS 18.56.420 a preference right that person holds to receive title to land the person occupies as a primary place of residence, primary place of business, subsistence campsite, or as headquarters for reindeer husbandry. The preference right must be conveyed to the person by the Native corporation to which the land was granted under 43 U.S.C. 1613 (Alaska Native Claims Settlement Act) before it may be pledged as security under this subsection. The corporation shall prescribe procedures and standard forms for establishing, pledging, and appraising the value of a preference right held by a person to secure the repayment of a loan originated or purchased in whole or in part under AS 18.56.420.




Sec. 18.56.470. Interest on loans.
 (a) The interest rate on a mortgage loan originated or purchased in whole or in part under AS 18.56.420 for small community housing or multi-family housing under AS 18.56.580 is one percent less than the interest rate, as determined under AS 18.56.098(f)(1) — (4), on a mortgage loan purchased under AS 18.56.098(a) from the proceeds of the most recent applicable issue of taxable bonds before the origination or purchase of the mortgage loan originated or purchased under AS 18.56.420. However, the interest rate on that portion of a loan that exceeds $250,000 is the same as the interest rate determined under AS 18.56.098(f)(1) — (4).

 (b) Notwithstanding the requirements of (a) of this section, if there has not been an applicable issue of taxable bonds issued within six months before the origination or purchase of a loan under this section, the corporation may estimate the interest rate that an issue of taxable bonds would bear.




Sec. 18.56.480. Title.
 (a) Before the corporation originates or purchases a small community housing mortgage loan in whole or in part, the corporation may require a borrower to show marketable title to real property offered as security for the loan to be purchased.

 (b) A borrower may show marketable title to real property for the purposes of (a) of this section
     (1) by purchasing title insurance from a title insurance company authorized to do business in the state; or

     (2) by delivering to the corporation a copy of a letter of intent signed by an authorized representative of the United States Department of the Interior that shows the transfer of title to the property from the United States government to the borrower if
          (A) the borrower is an Alaska Native; and

          (B) title to the property was originally transferred from the United States government, directly or indirectly, to the borrower under federal law.

 (c) For the purposes of this section, a deed which federal law prohibits or limits the power to transfer or encumber and which would otherwise constitute marketable title to real property is considered marketable title to real property if the United States Bureau of Indian Affairs or another appropriate federal agency waives immunity under the federal law from foreclosure or other alienation of the real property.




Sec. 18.56.490. Restricted title loss reserve account.
 (a) There is established in the corporation the restricted title loss reserve account. The restricted title loss reserve account consists of money appropriated to it by the legislature and deposited to it by the corporation, and shall be administered by the corporation.

 (b) The corporation may withdraw money from the restricted title loss reserve account in an amount equal to the loss to the corporation on a small community housing mortgage loan originated or purchased in whole or in part by the corporation if marketable title to the real property used to secure the loan was shown under AS 18.56.480(b)(2). Money withdrawn from the restricted title loss reserve account under this section shall be deposited in the Alaska housing finance revolving fund (AS 18.56.082).




Sec. 18.56.500. Fire insurance.
Before purchasing or participating in the purchase of a small community housing mortgage loan, the corporation may require the borrower to agree to purchase and maintain fire insurance for the real property for which the loan is made in an amount not less than the outstanding principal balance of the loan.


Sec. 18.56.510. Loan origination and servicing.
 (a) Before purchasing or participating in the purchase of a small community housing mortgage loan, the corporation shall enter into a loan servicing agreement with the private financial institution from which the loan is to be purchased.

 (b) The corporation may execute service agreements with private lending institutions or with regional Native housing authorities established under AS 18.55.996 to service loans originated by the corporation or loans originated under AS 18.55.997.

 (c) Under the servicing agreement, the private financial institution or the regional Native housing authority shall administer the loan and may charge the corporation a negotiated origination or servicing fee on the corporation’s share of the loan. When appropriate, the private financial institution or the regional Native housing authority may also charge the borrower a reasonable originator fee not to exceed one percent.




Sec. 18.56.520. Appraisals.
Before originating or purchasing or participating in the purchase of a small community housing mortgage loan, the corporation may have or may require the borrower to have an appraisal made of the fair market value of the real property, including structures on the real property, for which the loan is made. In conducting an appraisal under this section, the appraiser shall give full value to insulation and other features of construction in structures on the real property that add to the energy efficiency of the structures.


Sec. 18.56.530. Energy audit exemption.
In making loans under AS 18.56.400 — 18.56.600, the corporation is exempt from the requirements of AS 46.11.050(b).


Sec. 18.56.540. Toll-free telephone number.
For the purposes of administration of AS 18.56.400 — 18.56.600, the corporation shall arrange for and maintain a toll-free telephone number for the corporation so that private financial institutions and their borrowers may contact the corporation from any location in the state by telephone without a toll charge.


Sec. 18.56.550. Field offices; contract services; assistance to others.
 (a) The corporation may establish field offices under AS 18.56.400 — 18.56.600, may hire one or more lending officers, and may contract for the services of
     (1) real property appraisers who are familiar with housing and construction in small communities; and

     (2) engineers who are familiar with engineering problems in arctic and subarctic regions.

 (b) The personnel described in (a) of this section may make visits to small communities to provide preconstruction and post-construction inspections of real property for which loans are originated or purchased by the corporation in whole or in part under AS 18.56.420 and to provide assistance to private financial institutions and their borrowers. Authority for final approval of loans may not be exercised by the personnel described in this section.




Sec. 18.56.560. Demonstration projects and information.
The corporation may enter into agreements with public and private agencies to provide demonstration projects and information concerning housing construction in small communities.


Sec. 18.56.570. Regional allocation. [Repealed, § 8 ch 134 SLA 2004.]
Sec. 18.56.580. Loans for multi-family housing.
 (a) The corporation may use the housing assistance loan program created in AS 18.56.420 to make loans for the purchase, participation in the purchase, origination, development, or refinancing of multi-family housing in small communities.

 (b) In this section,
     (1) “development” means the construction of a new residence or the acquisition, repair, remodeling, rehabilitation, or expansion of an existing residence;

     (2) “multi-family housing” means a multi-family residence containing two or more dwelling units that may be nonowner-occupied or owner-occupied.




Sec. 18.56.590. Annual report. [Repealed, § 42 ch 12 SLA 2006.]
Sec. 18.56.600. Definitions.
In AS 18.56.400 — 18.56.600,
     (1) “housing” means owner-occupied, single-family housing and owner-occupied duplexes in which not more than 25 percent of the gross floor area is or will be devoted to commercial use;

     (2) “small community” means a community with a population of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 1,600 or less that is connected by road or rail to Anchorage or Fairbanks; in this paragraph, “connected by road” does not include a connection by the Alaska marine highway system.




Article 3. Low Cost and Low Income Multiple Housing.


Sec. 18.56.650. Low cost and low income multiple family housing development fund and grants.
 (a) There is created in the corporation a low cost and low income multiple family housing development fund. Subject to appropriation the corporation shall make grants to municipalities or public or private nonprofit corporations designated as tax exempt under 26 U.S.C. 501(c)(3) and (4) (Internal Revenue Code of 1954) for the purpose of developing low cost, low income multiple family housing.

 (b) Application for a grant under (a) of this section shall be in the form prescribed by the corporation. The application
     (1) shall demonstrate the need for low cost, low income multiple family housing in the area to be served, the feasibility of the proposed project; and

     (2) must include an adequate management plan that shall demonstrate the ability of the eligible recipient to sustain the proposed project.

 (c) A low cost and low income multiple family housing project developed under this section
     (1) shall be prepared in accordance with facility procurement policies developed by the Department of Transportation and Public Facilities under AS 35.10.160 — 35.10.200; and

     (2) is a public facility under AS 35.10.160 — 35.10.200.

 (d) The corporation shall adopt regulations under AS 18.56.088 to carry out the purposes of this section.

 (e) In this section, “low cost and low income multiple family housing”
     (1) means a specific work or improvement undertaken primarily to provide multiple family dwelling accommodations for low income persons;

     (2) includes the acquisition, construction, or rehabilitation of land, buildings, improvements, and other nonhousing facilities that are incidental or appurtenant to the housing.




Article 4. Senior Housing Office.


Sec. 18.56.700. Senior housing office.
 (a) There is established in the corporation a senior housing office. The office shall promote a comprehensive response to the needs of senior citizens for adequate, accessible, secure, and affordable housing in the state. In order to fulfill this purpose, the office may
     (1) study the needs of senior citizens in the state for housing to meet their needs;

     (2) seek financial assistance from appropriate sources for the development of housing alternatives for senior citizens;

     (3) administer the senior housing loan program established under AS 18.56.700 — 18.56.799;

     (4) cooperate and coordinate with other public and private agencies to respond to the housing needs of senior citizens;

     (5) offer public education programs to increase the awareness of alternatives to large residential facilities for senior citizens;

     (6) provide information to senior citizens to help them understand their financial alternatives related to homes they might already own and to help them coordinate with other senior citizens in finding housing alternatives, including information and coordination on home equity conversion and home sharing; and

     (7) disseminate information to construction contractors to educate them about remodeling projects that would meet the needs of many senior citizens for accessible and secure housing.

 (b) In order to avoid duplication of efforts and to benefit from the commission’s expertise, the office shall consult with the Alaska Commission on Aging in the performance of the office’s duties under AS 18.56.700 — 18.56.799 so that the housing needs of senior citizens can be met most efficiently and effectively.




Sec. 18.56.710. Senior housing revolving fund.
 (a) The senior housing revolving fund is established. The revolving fund consists of appropriations made to it by the legislature, the proceeds of bonds sold under AS 18.56.790, repayments of principal and interest on loans made or purchased from assets of the fund, and money or other assets transferred to the revolving fund by the corporation. The corporation may
     (1) pledge amounts deposited in the revolving fund for bonds issued under AS 18.56.790;

     (2) use amounts deposited in the fund for making, purchasing, or participating in
          (A) senior housing mortgage loans;

          (B) loans made for building materials for senior housing;

          (C) loans made for renovation or improvement of or for senior housing, including loans for renovation or improvement of congregate or individual residences; and

          (D) loans made for the construction of senior housing.

 (b) For each loan proposed to be made under AS 18.56.700 — 18.56.799, the corporation shall determine the financial feasibility of the project for which the loan would be used and the extent to which the project would meet senior housing needs in the area for which it is proposed.




Sec. 18.56.720. Interest rate. [Repealed, § 7 ch 84 SLA 1998.]
Sec. 18.56.730. Conditions on loans.
 (a) The corporation shall adopt regulations under AS 18.56.088(a) and (b) establishing acceptable security for loans originated or purchased in whole or in part under AS 18.56.700 — 18.56.799.

 (b) The corporation
     (1) may condition a loan under AS 18.56.700 — 18.56.799 on an agreement by the borrower to maintain the financed project as senior housing for a time period specified by the corporation; and

     (2) shall establish by regulation the criteria it will use for specifying time periods under (1) of this subsection and for determining under what circumstances the time periods can be decreased after the loan is made.




Sec. 18.56.740. Fire insurance.
Before purchasing or participating in the purchase of a senior housing mortgage loan, the corporation shall require the borrower to agree to purchase and maintain fire insurance for the real property for which the loan is made in an amount not less than the outstanding principal balance of the loan.


Sec. 18.56.750. Loan origination and servicing.
 (a) Before purchasing or participating in the purchase of a senior housing loan, the corporation shall enter into a loan servicing agreement with the private financial institution from which the loan is to be purchased.

 (b) The corporation may execute service agreements with private lending institutions or with regional Native housing authorities established under AS 18.55.996 to service loans originated by the office.

 (c) Under the servicing agreement, the private financial institution or the regional Native housing authority shall administer the loan and may charge the corporation a negotiated origination or servicing fee on the office’s share of the loan. When appropriate, the private financial institution or the regional Native housing authority may also charge the borrower a reasonable origination fee not to exceed one percent.




Sec. 18.56.760. Appraisals.
Before originating or purchasing or participating in the purchase of a senior housing mortgage loan, the corporation may have or may require the borrower to have an appraisal made of the fair market value of the real property, including structures on the real property, for which the loan is made. In conducting an appraisal under this section, the appraiser shall give full value to insulation and other features of construction in structures on the real property that add to the energy efficiency of the structures.


Sec. 18.56.770. Toll-free telephone number.
The corporation shall arrange for and maintain a toll-free telephone number for senior housing purposes so that private financial institutions and their borrowers may contact the office from any location in the state by telephone without a toll charge.


Sec. 18.56.780. Contracting for services.
The corporation may contract for the services of persons who will assist the office in performing its duties under AS 18.56.700 — 18.56.799.


Sec. 18.56.790. Bonds for senior housing.
 (a) Under the procedures of this chapter, the corporation may issue bonds in a total amount not exceeding $30,000,000 to fund senior housing loans made under AS 18.56.700 — 18.56.799.

 (b) [Repealed, § 7 ch 84 SLA 1998.]
 (c) [Repealed, § 7 ch 84 SLA 1998.]
 (d) [Repealed, § 8 ch 84 SLA 1998.]
 (e) In this section, “bond” has the meaning given in AS 18.56.390.




Sec. 18.56.795. Regulations.
For purposes of implementing AS 18.56.700 — 18.56.799, the corporation shall, under AS 18.56.088, establish by regulation the age requirement for occupants of senior housing, which may not be less than 55 years of age.


Sec. 18.56.799. Definitions.
In AS 18.56.700 — 18.56.799,
     (1) “office” means the senior housing office established under AS 18.56.700;

     (2) “senior housing”
          (A) means construction or improvement undertaken primarily to provide dwelling accommodations for older individuals, including conventional housing, housing for frail elderly, group homes, congregate housing, residential horizontal property regimes organized under AS 34.07, residential cooperatives organized under AS 10.15 or AS 34.08, residential condominiums organized under AS 34.08, and other housing that meets special needs of the elderly;

          (B) includes acquisition, construction, or rehabilitation of land, buildings, improvements, and other nonhousing facilities that are incidental or appurtenant to the housing described in (A) of this paragraph.




Article 5. Senior Citizens Housing Development Fund.


Sec. 18.56.800. Declaration of purpose.
There exists in the state a serious shortage of decent, safe, and sanitary residential housing available at low or moderate prices or rentals to older individuals. There also exists in the state organizations whose purposes are to provide the kinds of housing needed to alleviate this shortage. Development work to provide such housing involves substantial expense that is often beyond the resources of the organizations.


Sec. 18.56.810. Senior citizens housing development.
 (a) There is created in the corporation a senior citizens housing development fund. Subject to direct appropriation or through proceeds of a bond issue, the corporation shall make grants to municipalities, public or private nonprofit corporations designated as tax exempt under 26 U.S.C. 501(c)(3) and (4) (Internal Revenue Code of 1954), or regional housing authorities created in AS 18.55.996(b) for the purpose of developing senior citizen housing. A grant from the proceeds of a bond issue may be made only to municipalities.

 (b) Application for a grant under (a) of this section shall be in the form prescribed by the corporation. The application
     (1) shall demonstrate the need for senior citizen housing in the area to be served and the feasibility of the proposed project; and

     (2) must include an adequate management plan that shall demonstrate the ability of the eligible recipient to sustain the proposed project.

 (c) A senior citizen housing project developed under this section
     (1) shall be prepared in accordance with facility procurement policies developed by the Department of Transportation and Public Facilities under AS 35.10.160 — 35.10.200; and

     (2) is a public facility under AS 35.10.160 — 35.10.200.

 (d) The corporation shall adopt regulations to carry out the purposes of this section. The provisions of AS 18.56.088(a) and (b) apply to regulations adopted under this section.

 (e) In this section, “senior citizen housing” has the meaning given “senior housing” in AS 18.56.799.




Article 6. Energy Efficiency and Conservation Programs.


Sec. 18.56.850. Home energy conservation and weatherization program.
 (a) The corporation shall plan, study, implement, and assist programs for home energy conservation and weatherization including, without limitation, the
     (1) home energy loan program;

     (2) rural capital retrofit program; and

     (3) energy efficiency and weatherization program.

 (b) In the development of a home energy conservation or weatherization program under (a) of this section, the corporation may not consider the value of Alaska longevity bonus payments under AS 47.45 or permanent fund dividends under AS 43.23 in determining whether a person meets income guidelines established under AS 18.56.088 and (a) of this section for a state or, to the extent permitted by federal law, a federal energy conservation or weatherization program.




Sec. 18.56.855. Alaska energy efficiency revolving loan fund.
 (a) The Alaska energy efficiency revolving loan fund is established in the corporation to carry out the purposes of this section. The revolving loan fund consists of money or assets appropriated or transferred to the corporation for the revolving loan fund, including money and assets deposited in the revolving loan fund by the corporation and earnings on investments of money held in the revolving loan fund. The corporation may establish separate accounts in the fund. The corporation shall establish the interest rates, security provisions, and other terms of a loan made under this section taking into consideration the corporation’s cost of funds and other factors the corporation considers appropriate.

 (b) Money and other assets of the Alaska energy efficiency revolving loan fund may be used to
     (1) make loans to regional educational attendance areas or to municipal governments, including subdivisions of municipal governments, to the University of Alaska, or to the state for the purpose of financing energy efficiency improvements to buildings owned by regional educational attendance areas, by the University of Alaska, by the state, or by municipalities in the state;

     (2) secure bonds issued by the corporation to finance the loans described in (1) of this subsection;

     (3) pay costs of administering the revolving loan fund; and

     (4) pay the costs of administering and enforcing the terms of loans made by the corporation from the revolving loan fund.

 (c) Before a regional educational attendance area, the University of Alaska, a municipal government, or a subdivision of a municipal government, may borrow money from the corporation under this section, the regional educational attendance area, the University of Alaska, or the municipal government shall waive any sovereign immunity defense it may have available to it with respect to enforcement of the terms of the loan. A regional educational attendance area, the University of Alaska, or a municipal government may waive sovereign immunity to comply with the requirement of this subsection. The state waives any sovereign immunity defense against enforcement of the terms of a loan made to the state under this section. A person or corporation having a claim under this section shall bring an action in a state court in Alaska that has jurisdiction over the claim.

 (d) All regional educational attendance areas and municipal governments in the state and the University of Alaska are authorized to borrow from the corporation under this section. The corporation shall set out the terms of a loan to a regional educational attendance area in a loan agreement or similar document. At the discretion of the corporation, a borrowing by a regional educational attendance area, the University of Alaska, or a municipal government under this section may be effected by use of a loan agreement or similar document evidencing and setting out the terms of the loan or by issuance of a bond by the municipal government to the corporation. Notwithstanding a charter provision requiring public sale by a regional educational attendance area or a municipality of its municipal bonds or other indebtedness, a regional educational attendance area or municipality may sell its bonds under this section to the corporation at a negotiated, private sale. At the discretion of the corporation, the bonds or other indebtedness of the municipality may be general obligations of the municipality or may be secured by an identified revenue source or by a combination of the full faith and credit of the municipality and an identified revenue source.

 (e) Notwithstanding any other provision of law, to the extent that a department or agency of the state is the custodian of money payable to a regional educational attendance area, to the University of Alaska, or to a municipality, at any time after written notice to the department or agency head from the corporation that the regional educational attendance area, the University of Alaska, or the municipality is in default on the payment of principal of or interest on municipal bonds or other indebtedness then held or owned by the corporation, or amounts due under an agreement between the corporation and a regional educational attendance area, the University of Alaska, or a municipality, the department or agency shall withhold the payment of that money from that regional educational attendance area, the University of Alaska, or that municipality and pay over the money to the corporation for the purpose of paying the principal of and interest on the bonds or indebtedness. The notice must be given in each instance of default. If a notice is given under this subsection and under AS 44.85.170 and the default is continuing under this subsection and under AS 44.85.170, the department or agency shall make payment to the corporation and to the Alaska Municipal Bond Bank Authority on a pro rata basis, taking into consideration the principal amount of the respective default amounts.

 (f) An authorized state officer may borrow from the corporation under this section for buildings owned by the state. The superintendent of a regional educational attendance area, at the direction of the regional educational attendance area school board, may borrow from the corporation under this section for buildings owned by the regional educational attendance area. The president of the University of Alaska, at the direction of the Board of Regents, may borrow under this section for buildings owned by the University of Alaska.

 (g) In addition to other security that may be given with respect to a loan made under this section, the corporation may require a deed of trust on the building that is the subject of the energy efficiency loan and the real estate on which the building is located. A regional educational attendance area, the University of Alaska, or a municipality may grant a deed of trust to the corporation as needed for this purpose. An authorized state officer may grant a deed of trust to the corporation as needed for this purpose.

 (h) The corporation shall administer the Alaska energy efficiency revolving loan fund in accordance with regulations adopted by the corporation. The corporation may adopt regulations under AS 18.56.088 to carry out the purposes of this section.

 (i) This section applies to home rule municipalities.

 (j) In this section, “authorized state officer” means
     (1) the commissioner of the department of the state for a building owned by the state;

     (2) the executive director of a public corporation for a building owned by the public corporation;

     (3) the legislative council for a building owned by the legislature;

     (4) the administrative director of the Alaska Court System for a building owned by the judicial system;

     (5) any other person designated in writing by a person listed in (1) — (4) of this subsection.




Sec. 18.56.860. Home energy rating systems.
The corporation shall act as the authorizing agency for purposes of approving home energy rating systems used in the state.


Article 7. General Provisions.


Sec. 18.56.900. Definitions.
In this chapter,
     (1) “board” means the board of directors of the corporation;

     (2) “corporation” means the Alaska Housing Finance Corporation created by this chapter.




Chapter 57. Regional Electrical Authorities.

Sec. 18.57.010. Finding and purpose.
The legislature finds that an acute shortage of adequate, safe, reliable electrical facilities exists in the rural areas of the state and that adequate electrical systems cannot be provided by the private sector due to inadequate projected system revenues and economic depression in certain areas or by local governments of the state since the boundaries required for boroughs under art. X, § 3, of the Alaska Constitution and the boundaries of cities necessary to effectively operate as cities would, in many cases, not be adequate to provide economic, adequate, safe, and reliable electrical service. The legislature further finds that adequate housing, public facilities, and economic development are heavily dependent upon adequate, safe, and reliable electrical facilities. These conditions are inimical to the safety, health, welfare, and prosperity of the residents of the state and to the sound growth of rural communities. The legislature further finds that a reasonable means of accomplishing the purpose of providing adequate, safe, and reliable systems is the creation of regional electrical authorities that are not local governments. It is the purpose and intent of the legislature to provide a means whereby public corporations to serve as regional electrical authorities may be formed.


Sec. 18.57.020. Creation of authorities.
 (a) An association authorized by AS 18.55.996(a) to form a regional housing authority is given the authority to form a regional electrical authority. There is created with respect to each of the associations named in AS 18.55.996(a) a public body corporate and politic as a political subdivision of the state to function in the operating areas of the individual associations. Each authority may exercise all powers conferred by this chapter.

 (b) A regional electrical authority may not transact business or exercise powers granted to it until the governing body of the association has, by resolution, declared there is a need for the authority to function, given it the authority to function, and appointed persons to serve as the board of commissioners of the authority. The number of members of the board of commissioners, their terms of office, and the filling of vacancies in office shall be determined by resolution of the governing body of the association.

 (c) The regional electrical authority has jurisdiction to operate in all or part of the operating area of the individual association as determined by resolution of the governing body of the association. The governing body may, by resolution, add to or subtract from the area served. The authority may operate within the service area of a certificated rural electrical cooperative or within the corporate limits of a municipality only with consent, by resolution, of the governing body of the municipality or cooperative; however, if an authority is operating within an area that becomes part of a municipality or has a certificate of convenience and necessity from the former Alaska Public Utilities Commission or the Regulatory Commission of Alaska to operate in an area that becomes part of a municipality, consent is not necessary.

 (d) A municipality, electrical cooperative, or other provider of electrical service may transfer all or part of its electrical system including, without limitation, lands and rights in land, equipment, and certificates or franchises, to a regional electrical authority by resolution of the governing board upon terms agreed upon with the authority; however, approval by resolution of the board of commissioners of the authority shall be obtained. Unless otherwise provided by law other approvals to transfers are not required.




Sec. 18.57.030. Tax exemption.
 (a) A regional electrical authority is exempt from payment of taxes or assessments, other than assessments that may be levied under AS 29.46.010, on property owned by the authority that is used for generation and transportation of electricity.

 (b) All obligations issued under this chapter are issued by a body corporate and public that is a political subdivision of the state and for an essential public and governmental purpose, and the obligations, and the interest and income on and from the obligations, and all fees, charges, funds, revenues, income, and other money pledged or available to pay or secure the payment of the obligations or interest are exempt from taxation except for transfer, inheritance, and estate taxes.

 (c) All obligations or liabilities of a regional electrical authority remain its own and are not obligations or liabilities of the state.




Sec. 18.57.040. Powers of the authority.
A regional electrical authority has the general power to
     (1) adopt, alter, and use a corporate seal;

     (2) prescribe, adopt, amend, and repeal bylaws;

     (3) sue and be sued in its own name;

     (4) appoint officers, agents, and employees and vest them with powers and duties and to fix, change, and pay compensation for their services as the authority may determine;

     (5) borrow money, make and issue bonds, notes, and other evidences of indebtedness of the authority for any of its corporate purposes and to secure payment of its bonds and of other obligations by pledge of or lien on all or any of its assets, contracts, revenue, and income;

     (6) make and issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it or bonds or obligations the principal or interest of which is payable in whole or in part from its revenue;

     (7) make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of its powers and functions, including contracts, with any person, firm, corporation, government agency, or other entity;

     (8) receive, administer, and comply with the conditions and requirements of an appropriation, gift, grant, or donation of property or money;

     (9) invest or reinvest money or funds held by the authority in obligations or other securities or investments in which banks or trust companies in the state may legally invest funds held in reserves or sinking funds or funds not required for immediate disbursement, and in certificates of deposits or time deposits;

     (10) acquire, hold, use, lease, sell, or otherwise dispose of property of any kind, real, personal or mixed or any interest in it;

     (11) acquire, produce, develop, manufacture, use, transmit, distribute, supply, exchange, sell, or otherwise dispose of electric energy and other supplies and services as the authority determines necessary, proper, incidental, or convenient in connection with its activities;

     (12) determine, fix, alter, charge, and collect rates, fees, rentals, and other charges for the use of the facilities of the authority or for the service, electric energy or other commodities sold, rendered, or furnished by it;

     (13) plan, design, construct, reconstruct, extend, or improve any facility necessary or convenient in connection with its activities;

     (14) enter on any land, water, or premises for the purpose of making surveys, soundings, or examinations;

     (15) exercise the powers of eminent domain in accordance with AS 09.55.250 — 09.55.460;

     (16) do all acts and things necessary, convenient, or desirable to carry out the powers granted or implied in this chapter;

     (17) adopt, amend, and repeal regulations necessary for the exercise and performance of its powers and duties or to govern the rendering of service, sale or exchange of electrical energy.




Sec. 18.57.050. Bonds and notes.
 (a) The authority, by board resolution, may issue bonds and bond anticipation notes in order to provide funds to carry out and effectuate its purposes.

 (b) The principal and interest on these bonds or notes is payable from authority funds. Bond anticipation notes may be payable from the proceeds of the sale of bonds or from the proceeds of sale of other bond anticipation notes or, if bond or bond anticipation note proceeds are not available, the notes may be paid from other funds or assets of the authority. Bonds or notes may be additionally secured by a pledge of a grant or contribution from the federal or state government, a corporation, association, institution, or person, or a pledge of money, income, or revenues of the authority from any source.

 (c) Bonds or bond anticipation notes may be issued as provided by board resolution, in one or more series and shall (1) be dated; (2) bear interest at the prescribed rate per year or within the maximum rate; (3) be in a certain denomination or form, either coupon or registered; (4) carry the conversion or registration provisions; (5) have rank or priority; (6) be executed in a certain manner and form; (7) be payable from the sources in the medium of payment and place or places inside or outside the state; (8) be subject to authentication by a trustee or fiscal agent; and (9) be subject to terms of redemption, with or without premium. Bond anticipation notes mature at a time determined by the authority. Bonds mature at a time, not exceeding 50 years from the date of their issuance, as determined by the authority. Before the preparation of definitive bonds or bond anticipation notes, the authority may issue interim receipts or temporary bonds or bond anticipation notes, with or without coupons, exchangeable for bonds or bond anticipation notes when the definitive bonds or bond anticipation notes have been executed and are available for delivery.

 (d) Bond or bond anticipation notes may be sold in the manner, on the terms, and at the price the authority determines.

 (e) If an officer whose actual or facsimile signature appears on any bonds or notes or coupons attached to them ceases to be an officer before the delivery of the bond, note, or coupon, the signature is valid as if the officer had remained in office until delivery.

 (f) In a resolution of the authority authorizing or relating to the issuance of bonds or bond anticipation notes, the authority may, with holders of the bonds or bond anticipation notes,
     (1) pledge to any payment or purpose all or any part of revenue to which it is or will be entitled to and similarly pledge the money derived from the revenue, and the proceeds of any bonds or notes;

     (2) covenant against pledging all or any part of its revenue, or against permitting or suffering a lien on the revenue or its property;

     (3) covenant as to the use and disposition of any and all payments of principal or interest received by the authority on mortgage loans, construction loans, or other investments held by the authority;

     (4) covenant as to establishment of reserves or sinking funds and the making of provision for and the regulation and disposition of the reserves or sinking funds;

     (5) covenant with respect to or against limitations on a right to sell or otherwise dispose of property of any kind;

     (6) covenant as to bonds and notes to be issued, and their limitations, terms and conditions, and as to the custody, application, and disposition of the proceeds of the bonds and notes;

     (7) covenant as to the issuance of additional bonds or notes, or as to limitations on the issuance of additional bonds or notes and the incurring of the other debts;

     (8) covenant as to the payment of the principal of or interest on the bonds or notes, as to the sources and methods of the payment, as to the rank or priority of the bonds or notes with respect to a lien or security, or as to the acceleration of the maturity of the bonds or notes;

     (9) provide for the replacement of lost, stolen, destroyed, or mutilated bonds or notes;

     (10) covenant against extending the time for the payment of bonds or notes or interest on the bonds or notes;

     (11) covenant as to the redemption of bonds or notes and privileges of their exchange for other bonds or notes of the authority;

     (12) covenant to create or authorize the creation of special funds of money to be held in pledge or otherwise for operation expenses, payment or redemption of bonds or notes, reserves, or other purposes, and as to use and disposition of the money held in the funds;

     (13) establish the procedure, if any, by which the terms of any contract or covenant with or for the benefit of the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent to amendment or abrogation, and the manner in which the consent may be given;

     (14) covenant as to the custody of any of its properties or investments, their safekeeping and insurance, and the use and disposition of insurance money;

     (15) covenant as to the time or manner of enforcement or restraint from enforcement of any rights of the corporation arising by reason of or with respect to nonpayment of principal or interest of any mortgage loans or construction loans;

     (16) provide for the rights and liabilities, powers, and duties arising upon the breach of a covenant, condition, or obligation, and to prescribe the events of default and the terms and conditions upon which any or all of the bonds, notes, or other obligations of the authority become or may be declared due and payable before maturity and the terms and conditions upon which such a declaration and its consequences may be waived;

     (17) vest in a trustee or trustees inside or outside the state property, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of a trustee appointed by the holders of bonds or notes, and to limit or abrogate the right of the holders of bonds or notes of the authority to appoint a trustee under this chapter or limit the rights, powers, and duties of the trustee;

     (18) pay the costs or expenses incident to the enforcement of the bonds or notes or of the provisions of the resolution or of a covenant or agreement of the authority with the holders of its bonds or notes;

     (19) agree with a corporate trustee which may be a trust company or bank having the powers of a trust company inside or outside the state as to the pledging or assigning of revenue or funds to which or in which the authority has any rights or interest; and further provide for other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of any bonds or notes of the authority and not otherwise in violation of law and may provide for the restriction of the rights of an individual holder of bonds or notes of the authority;

     (20) appoint and provide for the duties and obligations of a paying agent or other fiduciary, by resolution, inside or outside the state;

     (21) limit the rights of the holders of bonds or notes to enforce a pledge or covenant securing bonds or notes;

     (22) make covenants other than expressly authorized in this section, of like or different character, and to make covenants as may be necessary or desirable, to better secure bonds or notes or that, in the discretion of the authority, will tend to make bonds or notes more marketable, notwithstanding the fact that the covenants are not enumerated in this section.




Sec. 18.57.060. Validity of pledge.
The pledge of assets or revenue of the authority to the payment of the principal or interest of obligations of the authority is valid and binding from the time the pledge is made and assets or revenue pledged are immediately subject to the lien of the pledge without physical delivery or further action. The lien of a pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether those parties have notice of the lien of the pledge. Nothing prohibits the authority from selling assets subject to a pledge, except that a sale may be restricted by the trust agreement or resolution providing for the issuance of the obligations.


Sec. 18.57.070. Remedies.
A holder of obligations or coupons attached to them issued under the provisions of this chapter, and a trustee under a trust agreement or resolution authorizing the issuance of the obligations, if not restricted by the trust agreement or resolution, either at law or in equity, may enforce all rights granted under the coupons or under the trust agreement or resolution, or under any other contract executed by the authority under this chapter, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the authority or by an officer of it.


Sec. 18.57.080. Negotiable instruments.
All obligations and interest coupons attached to the obligations are negotiable instruments under the laws of this state, subject only to applicable registration provisions.


Sec. 18.57.090. Obligations eligible for investment.
Obligations issued under the provisions of this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. These obligations may be deposited with the state or municipal officer of an agency or political subdivision of the state for any purpose for which the deposit of bonds, notes, or obligations of the state is authorized by law.


Sec. 18.57.100. Refunding obligations.
 (a) The authority may provide for the issuance of refunding obligations for the purpose of refunding obligations then outstanding that have been issued under the provisions of this chapter, including the payment of redemption premium on them and interest accrued or to accrue to the date of redemption of the obligations. The issuance of the obligations, the maturities and other details of them, the rights of the holders of them, and the rights, duties, and obligations of the authority in respect of them are governed by the provisions of this chapter that relate to the issuance of appropriate obligations.

 (b) Refunding obligations may be sold or exchanged for outstanding obligations issued under this chapter. If sold, the proceeds may be applied, in addition to other authorized purposes, to the purchase, redemption, or payment of the outstanding obligations. Pending the application of the proceeds of the refunding obligations, with any other available funds, to the payment of the principal (accrued interest and any redemption premium on the obligations being refunded, and if so provided or permitted in the resolution authorizing the issuance of the refunding obligations or in the trust agreement securing them, to the payment of any interest on the refunding obligations and any expenses in connection with the refunding), the proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States that mature or that will be subject to redemption, at the option of the holders of them, not later than the respective dates when the proceeds, together with the interest accruing on them, will be required for the purposes intended.




Sec. 18.57.110. Credit of state not pledged.
Obligations issued under the provisions of this chapter do not constitute a debt, liability, or obligation of the state or of any other political subdivision of the state or a pledge of the faith and credit of the state or a political subdivision of the state but are payable solely from the revenue or assets of the authority. Each obligation issued under this chapter shall contain on its face a statement that the authority is not obligated to pay it nor the interest on it except from the revenue or assets pledged for it and that neither the faith and credit nor the taxing power of the state or of a political subdivision of the state is pledged to the payment of the principal of or interest on the obligation.


Article 1. Prevention of Accident and Health Hazards.


Chapter 60. Safety.

Sec. 18.60.010. Legislative intent.
 (a) The legislature finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, the people of the state in terms of loss of production, wage loss, medical expenses, and disability compensation payments.

 (b) For these reasons it is found and declared necessary to undertake a program to reduce the incidence of work-related accidents and health hazards in the state.




Sec. 18.60.020. Regulations.
 (a) The Department of Labor and Workforce Development shall issue the orders and adopt the regulations necessary to carry out the purposes of AS 18.60.010 — 18.60.105.

 (b) Upon adopting a regulation or standard, or granting any variance under this chapter, the commissioner shall include a statement of the reasons for the action, forward a copy to the OSHA Review Board, cause a copy to be published in newspapers, and submit a news release to the electronic news media in the state so as to receive statewide coverage.




Sec. 18.60.030. Duties of Department of Labor and Workforce Development.
The Department of Labor and Workforce Development shall
     (1) study ways and means for prevention of accidents to persons on the streets and highways, in and on the water, in aircraft usage, in homes, on the farms, at schools, in industrial and commercial plants, and in public places;

     (2) plan and execute safety programs, including educational campaigns, designed to reduce accidents in every field of activity;

     (3) work in cooperation with official and unofficial organizations and instrumentalities in the state that are interested in the promotion of safety so that possible resources can be marshalled and utilized to reduce the menace of accidental death and injury;

     (4) work toward obtaining better observance and enforcement of laws governing street and highway traffic, and assist in bringing about, wherever feasible, the application of modern engineering measures for the prevention of traffic accidents;

     (5) confer with the public agencies responsible for safeguarding the people against accidents, and especially with the Department of Transportation and Public Facilities, the Department of Public Safety, the Department of Education and Early Development, the Department of Natural Resources, the Department of Health and Social Services, and the heads or representatives of federal departments and agencies operating in the state particularly concerned with safety programs and accident prevention;

     (6) establish and enforce occupational safety and health standards that prescribe requirements for safe and healthful working conditions for all employment, including state and local government employment, and the requirements are to be at least as effective as those requirements adopted by the United States Secretary of Labor under 29 U.S.C. 655 (§ 6 of P.L. 91-596);

     (7) require an employer to maintain records and submit reports to the department which records and reports are necessary or appropriate for the enforcement of AS 18.60.010 — 18.60.105 and to maintain records and submit reports to the United States Secretary of Labor in the same manner and to the same extent as set out in federal law and regulations;

     (8) require an employer to maintain records and submit reports appropriate for use in developing information regarding the causes and prevention of occupational accidents and illnesses;

     (9) require an employer to make periodic inspections when necessary to carry out the record and reporting requirements of (7) and (8) of this section;

     (10) participate in occupational safety and health programs if it finds they are necessary to meet the occupational health and safety needs of the state;

     (11) execute on behalf of the state agreements or contracts necessary or desirable to enable the state to participate in occupational safety and health programs, and to receive and expend funds made available for programs of the state;

     (12) annually publish a list of toxic and hazardous substances and physical agents;

     (13) maintain a current set of OSHA form 20’s or equivalent information for toxic and hazardous substances and for physical agents, and other information relevant to toxic and hazardous substances and physical agents;

     (14) assist employers, upon request, to develop employee safety education programs and to identify and obtain information on toxic and hazardous substances and physical agents.




Sec. 18.60.040. Report.
Before the sixth day of each regular legislative session, the department shall prepare a report showing the accomplishments in this state toward reductions in accidents of all types, and recommendations for legislation, together with a plan for the proposed safety program for the succeeding year. Copies of the report shall be available for public information, and the department shall notify the legislature that the report is available.


Sec. 18.60.050. Employment for education and enforcement purposes. [Repealed, § 9 ch 72 SLA 1973.]
Sec. 18.60.055. Division of labor standards and safety.
As established by AS 23.10.075, there is in the department a division of labor standards and safety. Minimum qualifications shall be established for employees of the department acting as safety inspectors under AS 18.60.010 — 18.60.105. These qualifications must include, as a minimum requirement, at least five years general work experience in the field they are assigned to inspect. Training in safety principles, codes, and standards may be substituted for work experience up to a maximum of three years.


Sec. 18.60.057. Occupational Safety and Health Review Board.
 (a) There is created the Occupational Safety and Health Review Board within the Department of Labor and Workforce Development, referred to in this chapter as the OSHA Review Board. The board shall consist of three members appointed by the governor and confirmed by the legislature in joint session. One member of the board shall represent labor, one member shall represent industry, and the other shall represent the public. Each appointee must have adequate experience in the area of appointment. A member of the board may not be an employee of the state in another capacity nor may a member of the OSHA Review Board be a member or officer of another board or commission for which compensation other than per diem and travel expenses is paid.

 (b) The members of the board serve staggered terms of four years. A vacancy caused by the death, resignation, or removal of a member before the expiration of the term for which the member was appointed shall be filled only for the remainder of the unexpired term. A member of the board may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office.

 (c) The governor shall designate one member of the board as chairman. This member shall serve as chairman for a term of one year, but may be appointed for successive terms.

 (d) Members of the board are entitled to compensation in the amount of $50 a day for each day or portion of each day spent in actual meeting or on authorized official business incident to their duties and, in addition, they are entitled to all other transportation and per diem as provided by law for members of other state boards and commissions.

 (e) The board may employ persons, subject to legislative appropriation, it considers necessary for the purpose of performing its duties under this chapter.




Sec. 18.60.058. Reporting of employment fatalities, hospitalizations, and injuries.
 (a) In the event of an employment accident that is fatal to an employee or that results in an employee’s in-patient hospitalization, an employee’s loss of an eye, or an employee’s amputation, the employer shall report the accident. The report must be made by telephone or in person to the nearest office of the division of labor standards and safety or by telephone to the federal toll-free number provided by the division. The report must relate the name of the establishment, the location of the accident, the time of the accident, a contact person and the telephone number of the contact person, a brief description of the accident, the number of fatalities or injured employees, and the extent of any injuries. The report must be made immediately but in no event later than eight hours after receipt by the employer of information that the accident has occurred. However, if the employer first receives information of a fatality, in-patient hospitalization, loss of an eye, or amputation eight or more hours after the accident but not later than 30 days after the accident, the employer must make the report not later than eight hours after receiving the information. This subsection does not apply to an employer that first receives information of a fatality, in-patient hospitalization, loss of an eye, or amputation more than 30 days after the accident.

 (b) In the event of an employment accident that is fatal to one or more employees or that results in in-patient hospitalization of two or more employees, equipment, material, or product related to the injury or fatality may not be moved or altered until clearance is given by the department, except when compliance with this requirement would interfere for an unreasonable length of time with work or create additional hazards. If equipment, material, or products must be moved or altered before department clearance, the employer shall submit a detailed investigative report of the accident to the division.




Sec. 18.60.059. Legal counsel.
 (a) The attorney general is legal counsel for the OSHA Review Board. The attorney general shall advise the board on legal matters arising in the discharge of its duties and represent the board in actions to which it is a party. If, in the opinion of the board, the public interest is not adequately represented by counsel in a proceeding, the attorney general, upon request of the board, shall represent the public interest.

 (b) Subject to the approval of the attorney general, the board may employ temporary legal counsel from time to time in matters in which the board is involved.




Sec. 18.60.060. Cooperation by other state agencies.
The agencies of the state shall cooperate with the department in its program of safety activities and shall make available information needed by the department relative to the accident problems and methods employed or recommended for accident prevention. The agencies may lend the personnel who may be spared from their regular duties for short periods to assist in safety programs.


Sec. 18.60.065. Importation of toxic and hazardous substances.
Toxic and hazardous substances imported into the state shall be accompanied by a federal Occupational Safety and Health Administration (OSHA) form 20 or equivalent information. This requirement does not apply to a substance for which the in-state purchaser has already received the most current information.


Sec. 18.60.066. Employee safety education programs.
 (a) An employer shall conduct a safety education program for an employee before the employee performs a new work assignment that may result in the employee being exposed to a toxic or hazardous substance or a physical agent for which the employee has not received safety instruction as provided under (b) of this section.

 (b) An employee safety instruction program shall inform the employee of
     (1) the location, properties, and known or suspected acute and chronic health effects of the hazardous or toxic substances or physical agents to which the employee is exposed in the workplace;

     (2) the nature of the operations that could result in exposure to hazardous or toxic substances or physical agents as well as any necessary handling or hygienic practices or precautions; and

     (3) the location, purpose, proper use, and limitations of personal protective equipment used in the workplace.




Sec. 18.60.067. Information provided on employee’s request.
 (a) An employer shall make available to an employee on request a copy of the most recent OSHA form 20 or equivalent written information for a toxic or hazardous substance or for a physical agent to which the employee may be exposed. If the employer does not have the copy or information requested, the employer shall request a copy from the department or the manufacturer of the substance within three state government working days after receiving the request.

 (b) If the copy or information requested under (a) of this section is not made available to the employee within 15 calendar days after the request is received, the employer shall take measures to assure that employees are not exposed to the substance to which the copy or information pertains until the copy or information is made available to the employee who made the request. This subsection applies only to substances for which an OSHA form 20 or equivalent information is required under OSHA regulations. This subsection does not alter, deny, or abrogate any right an employee may have under law to refuse to work under hazardous circumstances.




Sec. 18.60.068. Posting of information in workplace.
 (a) The department shall print and make available to employers posters that contain notice of the provisions of this chapter relating to toxic and hazardous substances and physical agents.

 (b) An employer whose employees are or may be exposed in the workplace to a toxic or hazardous substance or a physical agent shall display the following information in a manner designed to notify the employees:
     (1) a poster printed by the department under (a) of this section; and

     (2) an OSHA form 20 or equivalent information for each toxic or hazardous substance and for each physical agent to which an employee may be exposed in the workplace
          (A) under normal conditions of work; or

          (B) during a reasonably foreseeable emergency, including equipment failure and rupture of containers.

 (c) Instead of posting the information required under (b)(2) of this section, an employer may post a list of the chemical name and product name of each toxic or hazardous substance and each physical agent to which an employee may be exposed in the workplace, together with an identification of a location, in or near the workplace and accessible to employees, where an employee may inspect the information listed under (b)(2) of this section.




Sec. 18.60.070. Use of funds and contributions.
Funds appropriated by the legislature for AS 18.60.010 — 18.60.105 and contributions shall be spent only for the purposes of AS 18.60.010 — 18.60.105.


Sec. 18.60.075. Safe employment.
 (a) An employer shall do everything necessary to protect the life, health, and safety of employees, including
     (1) complying with all occupational safety and health standards and regulations adopted by the department;

     (2) furnishing and prescribing the use of suitable protective equipment, safety devices, and safeguards as are prescribed for the work and workplace;

     (3) adopting and prescribing control or technological procedures, and monitoring and measuring employee exposure in connection with hazards, as may be necessary for the protection of employees; and

     (4) furnishing to each employee employment and a place of employment that are free from recognized hazards that, in the opinion of the commissioner, are causing or are likely to cause death or serious physical harm to the employees.

 (b) An employee shall comply with occupational safety and health standards and all regulations issued under AS 18.60.010 — 18.60.105 that are applicable to the employee’s own actions and conduct.

 (c) [Repealed, § 9 ch 72 SLA 1973.]




Sec. 18.60.077. Variance from a standard.
 (a) An employer who is affected by AS 18.60.010 — 18.60.105 may apply to the commissioner for a variance from a provision of the safety and health standards adopted by the department. Employees who are affected by an application for variance shall be given notice of the application for variance and an opportunity to participate in the hearing. The commissioner shall issue the variance if the commissioner determines on the basis of the hearing record, after opportunity for an inspection where appropriate, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to employees that are as safe and as healthful as those that would prevail if the employer complied with the provisions of the safety and health standards adopted by the department. The variance shall prescribe the conditions the employer must maintain and the practices, means, methods, operations, and processes that the employer must adopt and utilize to the extent they differ from the standard in question. The variance may be modified or revoked upon application by an employer, by employees, or by motion of the commissioner, in the manner prescribed for its issuance under this subsection at any time after six months from its issuance.

 (b) When the commissioner grants a variance, the commissioner shall include in this grant a statement of the reasons for the action, and the statement shall be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance will be implemented. A copy of the statement shall be sent to the OSHA Review Board.




Sec. 18.60.080. Contributions.
The department may accept contributions of funds, property, materials, supplies, and other forms of aid from business firms, organized groups, or individuals for furthering the safety program.


Sec. 18.60.081. Temporary variance.
 (a) An employer who is affected by AS 18.60.010 — 18.60.105 may apply to the commissioner for a temporary variance from a provision of the safety and health standards adopted by the department. A temporary variance shall be issued only if the employer files an application fulfilling the requirements of (b) of this section and the employer establishes that the employer
     (1) is unable to comply with a standard by its effective date because of unavailability of the professional or technical personnel or of the materials and equipment needed to come into compliance or because necessary construction or alteration of facilities cannot be completed by the effective date;

     (2) is taking all available steps to safeguard employees against the hazards covered by the standard;

     (3) has an effective program for coming into compliance with the standards as quickly as practicable.

 (b) An application for a temporary variance must contain
     (1) a specification of the standard from which the employer seeks a temporary variance;

     (2) a representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that the employer is unable to comply and a detailed statement of the reasons for this inability;

     (3) a statement of the steps the employer has taken and will take, including specific dates, to protect employees against the hazard covered by the standard;

     (4) a statement of when the employer expects to be able to comply with the standard and what steps the employer has taken and what steps the employer will take, including specific dates, to come into compliance;

     (5) a certification that the employer has informed employees of the application for temporary variance and of their right to request a hearing by giving a copy of the application and a written statement of the right to a hearing to the employees’ authorized representative, by posting a statement giving a summary of the application and stating the employees’ right to a hearing and specifying where a copy of the application and notice of right to a hearing may be examined at the place or places where notices to employees are normally posted, and by other appropriate means.

 (c) A temporary variance issued under this section must prescribe the practices, means, methods, operations, and processes that the employer shall adopt and use while the variance is in effect and state in detail the employer’s program for coming into compliance with the standard. A temporary variance may be granted only after notice to affected employees and an opportunity for hearing. However, the commissioner may issue one interim order to be effective until a decision is made on the basis of a hearing. A temporary variance may not be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that a temporary variance may be renewed no more than twice if the requirements of (a) and (b) of this section are met and the application for renewal is filed at least 90 days before the expiration date of the variance. An interim renewal of an order may not remain in effect for longer than 180 days.




Sec. 18.60.083. Right of entry and inspection.
 (a) A representative of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may
     (1) enter without delay and at reasonable times a factory, plant, establishment, construction site, or other area, work place, or environment where work is performed by an employee of an employer; and

     (2) inspect and investigate during regular working hours and at other reasonable times, and with reasonable limits and in a reasonable manner, a place of employment and all pertinent conditions, structures, machines, devices, equipment, and materials, and question privately an employer, owner, operator, agent, or employee.

 (b) In making inspections and investigations under (a) of this section, the department may issue subpoenas compelling the attendance of witnesses and the production of papers and records. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the state. If a person fails to grant a right of entry and inspection, the department may seek an order from the superior court compelling the person to submit to entry and inspection. If a person fails to comply with a subpoena or a witness refuses to testify to a matter regarding which the witness may be lawfully interrogated, a superior court may compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify before it.




Sec. 18.60.085. Prohibition of unauthorized notice of inspection.
A person may not give unauthorized notice of a department safety or health inspection. A person who gives unauthorized notice of a safety or health inspection, upon conviction, is punishable by a fine of not more than $7,000, or by imprisonment for not more than 180 days, or by both.


Sec. 18.60.087. Employer and employee participation in inspections.
 (a) A representative of the employer and a representative authorized by the employees shall be given an opportunity to accompany the representative of the department during the physical inspection of a work place for the purpose of aiding the inspection. If the authorized representative is an employee, time spent aiding the inspection shall be considered as time worked and the employee shall be compensated accordingly. When there is no authorized employee representative, there shall be consultation with a reasonable number of employees concerning matters of health and safety in the work place.

 (b) Comments relating to an employer’s compliance with the provisions of AS 18.60.010 — 18.60.105 made by an employee or an employee representative to the representative of the department during the course of an inspection, and the name of any employee or employee representative making these comments to a representative of the department, are confidential and may not be made available by the department to the employer without the consent of the employee or the employee representative.




Sec. 18.60.088. Employee requests for special inspection.
 (a) An employee or a representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm or that an imminent danger exists may request an inspection by giving notice of the violation or danger to the department. The notice must be in writing and set out with reasonable particularity the grounds for the notice and be signed by the employee or the representative of the employees. If, upon receipt of the notice, the department determines that there are reasonable grounds to believe that a violation or danger exists, the department shall make a special inspection as soon as practicable. If the department determines there are no reasonable grounds to believe that a violation exists, the department shall notify in writing the employee or the representative of the employees of that determination.

 (b) If the department makes a special inspection, or an inspection under AS 18.60.083, a copy of an employee notice shall be provided the employer no later than at the time of the inspection. Unless expressly consented to by the person giving the notice, the person’s name and the name of employees referred to in the notice shall be kept confidential and may not appear in the copy provided the employer or in any record available to the employer.

 (c) The department shall furnish the notifying person a written explanation of why a citation was not issued after a special inspection.

 (d) The department shall, by regulation, establish a review procedure for a failure to issue a citation after a special inspection and shall provide the employees requesting a review a written statement of the final disposition of the case.




Sec. 18.60.089. Prohibition against retribution.
 (a) A person may not discharge or discriminate against an employee because the employee has filed a complaint or instituted or caused to be instituted a proceeding related to the enforcement of occupational safety and health standards, or has testified or is expected to testify in a proceeding relating to occupational safety and health or because an employee has exercised personally or on behalf of others a right afforded under AS 18.60.010 — 18.60.105.

 (b) An employee who has been discharged or discriminated against by a person in violation of this section may, within 30 days after the violation occurs, file a complaint with the commissioner alleging the discrimination. Upon receipt of the complaint, the commissioner shall investigate the matter as the commissioner considers appropriate. If, upon investigation, the commissioner determines that this section has been violated, the commissioner shall request the attorney general to bring an action in the superior court against the violator. The superior court has jurisdiction to restrain violations of (a) of this section and to order all appropriate relief, including rehiring or reinstatement of the employee to the employee’s former position with back pay.

 (c) Within 90 days of the receipt of a complaint filed under this section, the commissioner shall notify the complainant of the determination under (b) of this section.




Sec. 18.60.090. Penalty for violations. [Repealed, § 9 ch 72 SLA 1973.]
Sec. 18.60.091. Citations.
 (a) If, upon inspection or investigation, the department believes that an employer has violated a provision of AS 18.60.010 — 18.60.105 that is applicable to the employer, the department shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and must describe with particularity the nature of the violation, including reference to the provisions of AS 18.60.010 — 18.60.105 or any order or regulation alleged to have been violated, and must fix a reasonable time for abatement of the violation. The department may prescribe procedures for the issuance of a notice instead of a citation with respect to minor violations that have no direct or immediate relationship to safety or health, or violations that are not serious and that the employer agrees to correct within a reasonable time. If an employer does not, within a reasonable time set out in the notice, correct a violation that is not serious, the department shall issue a citation to the employer.

 (b) Upon receipt by the employer, each citation issued under this section, or a copy of the citation, shall be immediately and prominently posted, at or near each place the violation referred to in the citation occurred.

 (c) A citation may not be issued for a particular violation under this section after the expiration of 180 days following the discovery of the violation by the department or correction of a violation.




Sec. 18.60.093. Enforcement procedures.
 (a) If, after an inspection or investigation, or after an employer’s failure to correct a violation for which the employer has been issued a notice, the department issues a citation, the commissioner shall, at a reasonable time after the termination of the inspection or investigation, or expiration of the time period set out in the notice, notify the employer by certified mail of the penalty proposed to be assessed and that the employer has 15 working days within which to notify the commissioner and the OSHA Review Board that the employer wishes to contest the citation or proposed assessment of penalty. If, within 15 working days after receipt of the penalty notice issued by the commissioner, the employer fails to notify the OSHA Review Board that the employer intends to contest the citation or proposed assessment of penalty, the citation and the assessment, as proposed, are considered final and not subject to review by any court.

 (b) If the commissioner has reason to believe that an employer has failed to correct, within the period allowed, a violation for which a citation has been issued, the commissioner shall notify the employer by certified mail of the failure, of the penalty proposed to be assessed because of the failure, and that the employer has 15 working days within which to notify the commissioner and the OSHA Review Board of a wish to contest the commissioner’s notification of the proposed assessment of penalty. If, within 15 working days from the receipt of the notification issued by the commissioner, the employer fails to give notice of an intention to contest the notification or proposed assessment of penalty, the notification and assessment as proposed shall be considered a final order and not subject to review by any court.

 (c) If an employer gives notice of an intention to contest the citation or notification issued under (a) or (b) of this section, the OSHA Review Board shall afford an opportunity for a hearing and thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the original citation or proposed penalty, or directing other appropriate relief, and the order is final 30 days after its issuance.

 (d) The OSHA Review Board shall notify the authorized representative of the affected employees that an employer is contesting a citation or notification issued under (a) or (b) of this section and afford the representative an opportunity to participate in the hearing on the matter.

 (e) An employer, an affected employee, or a representative of affected employees has 15 working days from the receipt of a citation within which to notify the commissioner and the OSHA Review Board that the period of time fixed in the citation for the abatement of a violation is unreasonable. The OSHA Review Board shall afford an opportunity for a hearing and thereafter issue an order, based on findings of fact, affirming or modifying the original period for abatement, and the order is final 30 days after its issuance. If the contest is initiated by the employer, the OSHA Review Board shall notify the employees in the same manner as provided by (d) of this section. If the contest is initiated by the employees, the OSHA Review Board shall notify the employer and afford the employer an opportunity to participate in the hearing on the matter.

 (f) If an employer fails without good cause to appear at a hearing held under this section after receiving proper notice of the hearing, the OSHA Review Board may order the employer to pay all reasonable expenses incurred by the board for the hearing, including the board’s actual travel expenses and per diem.

 (g) The board shall request the chief administrative law judge (AS 44.64.020) to appoint an administrative law judge employed or retained by the office of administrative hearings to preside at a hearing conducted under this section. AS 44.64.060 and 44.64.070 do not apply to the hearing. The administrative law judge who presided at the hearing shall be present during the consideration of the case and, if requested by the board, shall assist and advise the board. A member of the board who has not heard all of the evidence may not vote on the decision.




Sec. 18.60.095. Penalties.
 (a) An employer who wilfully or repeatedly violates a provision of AS 18.60.010 — 18.60.105 that is applicable to the employer or a standard or regulation adopted under AS 18.60.010 — 18.60.105 may be assessed by the commissioner a civil penalty of not more than $70,000 for each violation. Except when a settlement is negotiated, the commissioner shall assess a minimum penalty of $5,000 for a violation under this subsection that was committed wilfully.

 (b) An employer who receives a citation for a serious violation of a provision of AS 18.60.010 — 18.60.105 that is applicable to the employer or of a standard or regulation adopted under AS 18.60.010 — 18.60.105 shall be assessed by the commissioner a civil penalty of up to $7,000 for each violation. For purposes of this subsection, a serious violation is considered to exist if the violation creates in the place of employment a substantial probability of death or serious physical harm. However, a serious violation is not considered to exist if the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

 (c) An employer who receives a citation for a violation of a provision of AS 18.60.010 — 18.60.105 that is applicable to the employer or a standard or regulation adopted under AS 18.60.010 — 18.60.105, and the violation is specifically determined not to be of a serious nature, may be assessed by the commissioner a civil penalty of up to $7,000 for each violation.

 (d) An employer who fails to correct a violation within the period permitted for its correction for which a citation has been issued may be assessed by the commissioner a civil penalty of not more than $7,000 for each day during which the failure to correct the violation continues.

 (e) An employer who wilfully or repeatedly violates a provision of AS 18.60.010 — 18.60.105 that is applicable to the employer or a standard or regulation adopted under AS 18.60.010 — 18.60.105, and the violation causes death to an employee, upon conviction, is punishable by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. However, upon a second conviction after a prior conviction for a violation causing death, an employer is punishable by a fine of not more than $20,000, or by imprisonment for not more than one year, or by both. This subsection does not preclude prosecution of the employer under AS 11.

 (f) A person who knowingly makes a false statement, representation, or certification with the intent to mislead in an application, record, report, plan or other document filed or required to be maintained under AS 18.60.010 — 18.60.105 is guilty of unsworn falsification in the second degree.

 (g) An employer who violates the posting requirements of AS 18.60.010 — 18.60.105 shall be assessed by the commissioner a civil penalty of up to $7,000 for each violation.

 (h) In assessing a civil penalty, the commissioner shall give due consideration to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations.




Sec. 18.60.096. Imminent dangers.
 (a) The commissioner, or a designated agent as authorized by the commissioner, may issue orders restraining a particular condition or practice in any place of employment that constitutes a danger that could reasonably be expected to immediately cause death or serious physical harm. The terms of an order issued under this section may require steps to be taken as necessary to avoid, correct, or remove the imminent danger and may prohibit the employment or presence of an individual in locations or under conditions where imminent danger exists. The terms of the order may allow the presence of individuals necessary to avoid, correct, or remove the imminent danger.

 (b) When and as soon as a representative of the department concludes that conditions or practices described in (a) of this section exist in any place of employment, the representative shall inform the affected employees and employer of the danger and that the representative is recommending to the commissioner, or a designated agent as authorized by the commissioner, the issuance of a restraining order.

 (c) The attorney general shall, when requested by the commissioner, seek an injunction in superior court to enforce a restraining order issued under this section.

 (d) If the commissioner arbitrarily or capriciously fails to issue a restraining order under this section, an employee who may be injured by reason of the failure, or the representative of the affected employees, may bring an action against the commissioner in superior court to compel the commissioner to issue a restraining order and for further relief as may be appropriate.




Sec. 18.60.097. Judicial review.
 (a) A person affected by an order of the OSHA Review Board under AS 18.60.093(c) or (e) or of the commissioner under AS 18.60.096 may obtain a review of the order by filing a notice of appeal in the superior court as provided in the Alaska Rules of Appellate Procedure.

 (b) The department may obtain review of an order of the OSHA Review Board under AS 18.60.093(c) or (e) by filing a notice of appeal in the superior court as provided in the Alaska Rules of Appellate Procedure.

 (c) An order of the OSHA Review Board under AS 18.60.093(c) or (e) or of the commissioner under AS 18.60.096 becomes final and is not subject to review by any court if a notice of appeal is not filed with the superior court within the period provided for by the Alaska Rules of Appellate Procedure.

 (d) An employer seeking judicial review of an order of the OSHA Review Board or of the commissioner must inform the affected employees of the fact that the employer is seeking judicial review.

 (e) The court shall review an order of the OSHA Review Board or of the commissioner on a substantial-evidence basis.




Sec. 18.60.098. Employee compensation for appearances.
 (a) The employer shall compensate any of the employer’s employees who appear at a board hearing under AS 18.60.010 — 18.60.105 for loss of wages if the employee appears at the hearing as the result of a request of the employer or as the result of a subpoena issued at the employer’s request.

 (b) The employer shall compensate any of the employer’s employees who appear at a judicial proceeding under AS 18.60.010 — 18.60.105 for loss of wages if the employee appears at the proceeding as the result of a request of the employer or as the result of a subpoena issued at the employer’s request.

 (c) An employee who appears at a board hearing under AS 18.60.010 — 18.60.105 as the result of a request of the state or the OSHA Review Board or as the result of a subpoena issued at the request of the state or the OSHA Review Board shall be compensated at the rate of $30 a day and transportation costs.




Sec. 18.60.099. Confidentiality of trade secrets.
Information obtained by the department in connection with an inspection or proceeding related to enforcement of occupational safety and health standards that contains or that might reveal a trade secret referred to in 18 U.S.C. 1905 is confidential. However, the information may be disclosed to other officers or employees concerned with carrying out occupational safety and health enforcement activities. In a proceeding, the commissioner or the court as may be applicable shall issue orders as may be appropriate to protect the confidentiality of trade secrets.


Sec. 18.60.100. Nonabrogation of powers of Department of Health and Social Services.
AS 18.60.010 — 18.60.105 are not intended to abrogate the powers, duties, and responsibilities of the Department of Health and Social Services in carrying out the provisions of this title and AS 17.


Sec. 18.60.105. Definitions.
 (a) Except as provided in (b) of this section, in AS 18.60.010 — 18.60.105,
     (1) “be exposed” means to ingest, inhale, or absorb through the skin or eyes a substance or physical agent, or fumes or other potentially harmful aspect of a substance or physical agent;

     (2) “commissioner” means the commissioner of labor and workforce development;

     (3) “department” means the Department of Labor and Workforce Development;

     (4) “employee” means a person who works for an employer;

     (5) “employer” means a person, including the state and political subdivisions of the state, who has one or more employees;

     (6) “OSHA” means the federal Occupational Safety and Health Administration;

     (7) “physical agent” means a physical agent that exceeds the threshold established in the 1986-1987 edition of “Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment” published by the American Conference of Governmental Industrial Hygienists;

     (8) “suitable protective equipment” includes such personal protective equipment as is required by regulation issued under this chapter;

     (9) “toxic or hazardous substance”
          (A) includes
               (i) a chemical listed in 29 C.F.R. Part 1910, Subpart Z, Toxic and Hazardous Substances, “General Industry Standards”, Occupational Safety and Health Administration;

               (ii) a chemical listed in “Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment”, American Conference of Governmental Industrial Hygienists (Latest Edition);

               (iii) a substance for which an OSHA form 20 or equivalent information is required under OSHA regulations; and

               (iv) a substance determined by the department, in accordance with AS 44.62 (Administrative Procedure Act), to be a health hazard to an employee who is exposed to the substance, including a carcinogen, reproductive toxin, irritant, corrosive, sensitizer, hepatotoxin, nephrotoxin, neurotoxin, agent that acts on the hematopoietic system, agent that damages the lungs, a cutaneous hazard, and an eye hazard;

          (B) does not include
               (i) substances that because of their physical state, volume, or concentration do not pose a health hazard upon exposure;

               (ii) substances that are goods, food, drugs, cosmetics, or tobacco products intended for personal consumption; or

               (iii) substances in transit;

     (10) “transit” means conveyed in a sealed or unopened container by a mode of transportation.

 (b) In AS 18.60.030(14), 18.60.065 — 18.60.068, and (a)(9) of this section,
     (1) “employee” means a person who works for an employer, but not in a place used primarily as a personal residence;

     (2) “employer” means a person, including the state and a political subdivision of the state, who has one or more employees working in a place not used primarily as a personal residence;

     (3) “health hazard” means a substance or physical agent capable of causing acute or chronic adverse effects to health;

     (4) “workplace” means a place of employment other than a place used primarily as a personal residence.




Article 2. Search and Rescue.


Sec. 18.60.110. Fund for rescue and relief of lost persons. [Repealed, § 1 ch 15 SLA 1968.]
Sec. 18.60.115. Search and rescue training.
The commissioner of public safety or the commissioner’s designee may organize and conduct a search and rescue training exercise to prepare for a response to a search and rescue activity under AS 18.60.120. Only the commissioner or the commissioner’s designee may authorize a person to participate in a search and rescue training exercise under this section.


Sec. 18.60.120. Search and rescue parties.
Upon being notified that a person is lost, injured, killed, or is in need of immediate rescue, the commissioner of public safety or a designee may appoint a competent person to organize, direct, and guide a search and rescue party for the purpose of rescuing or retrieving the person or the person’s remains. Only the commissioner, the commissioner’s designee, or the person appointed to organize, direct, and guide a search and rescue party may authorize a person to participate in the search and rescue party.


Sec. 18.60.125. Civil immunity.
A person may not bring a civil action for damages against the state, a political subdivision of the state, or the officers, agents, or employees of the state or a political subdivision of the state for a death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties authorized under AS 18.60.115 — 18.60.175. This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.


Sec. 18.60.130. Expenses of search and rescue parties.
The expense of the search and rescue party shall be paid out of the state treasury upon vouchers properly made out, signed, and sworn to by the person appointed to direct the search and rescue party. The oath to the voucher shall be taken and made before the commissioner of public safety or a designee and may be paid only after it has been approved by the commissioner of public safety or a designee. In approving the voucher, the commissioner of public safety or a designee shall consider the necessity of the search and rescue party, the reasonableness of the expenses, and the proper audit of the voucher.


Secs. 18.60.140 , 18.60.145. Limitation of amount of expenditure for search and rescue; search and rescue fund. [Repealed, § 12 ch 42 SLA 1997.]
Sec. 18.60.146. Civil air patrol.
The Department of Public Safety shall make the necessary administrative arrangements for maintaining liaison between the state and the Civil Air Patrol and the expenditure of money appropriated to the department for the state contribution toward the support of the authorized activities of the Alaska Wing, Civil Air Patrol, under its charter.


Sec. 18.60.148. Transfer of forfeited aircraft to civil air patrol.
 (a) A transfer to the Alaska Wing, Civil Air Patrol, of a forfeited aircraft under AS 16.05.195(f), AS 17.30.122, or another state law or regulation is subject to the following conditions:
     (1) the transfer shall be made without cost to the Civil Air Patrol;

     (2) the aircraft becomes a corporate Civil Air Patrol aircraft;

     (3) the aircraft may only be used for Civil Air Patrol search and rescue, civil defense, and training purposes;

     (4) the aircraft may not be transferred to another wing of the Civil Air Patrol unless
          (A) the aircraft has been corporate aircraft of the Alaska Wing, Civil Air Patrol for at least 36 months after the date of transfer to the Alaska Wing; or

          (B) the aircraft is being exchanged for another Civil Air Patrol corporate aircraft of equivalent or greater value;

     (5) if the Civil Air Patrol determines that the aircraft should be disposed of as surplus property, the disposition shall first be approved by the Department of Administration.

 (b) A transfer of a forfeited aircraft under this section shall be consummated by a contract between the State of Alaska and the Alaska Wing, Civil Air Patrol that includes the conditions set out in (a) of this section. The contract must also provide that the Civil Air Patrol indemnify the state for any amount for which the state may be liable for an act or omission relating to the aircraft.




Sec. 18.60.150. Report of mysterious disappearance or separation from companions.
If a person (1) mysteriously disappears in the state, or (2) leaves one locality to go to another in the state and fails within a reasonable time to reach the person’s destination, or (3) traveling in company with another is separated from the other, or (4) traveling alone mysteriously disappears, a traveling companion or any other person having knowledge of the mysterious disappearance or separation shall notify the commissioner of public safety or a designee in the district in which the disappearance or separation took place of the fact, in writing, stating all the circumstances.


Sec. 18.60.160. Violation a misdemeanor.
A person who fails to report a disappearance under AS 18.60.150, or who violates a regulation adopted under AS 18.60.175, is guilty of a misdemeanor.


Sec. 18.60.170. Report and investigation of disappearance.
The commissioner of public safety or a designee shall file each notification of disappearance with the missing persons information clearinghouse under AS 18.65.620, and shall notify the peace officer in the district where the disappearance occurred or in the nearest districts where there is a peace officer to make an investigation regarding the disappearance. If the circumstances give reasonable grounds for suspicion that a murder has been committed or that a person has met with foul play, the peace officer shall report all the facts to the district attorney in the peace officer’s district or the assistant district attorney living nearest the place where the peace officer resides. The district attorney or the assistant district attorney shall assist and advise the peace officer in the investigation.


Sec. 18.60.175. Regulations.
The Department of Public Safety shall adopt regulations necessary to carry out the duties assigned by AS 18.60.115 — 18.60.170, including regulations dealing with the handling of nonexpendable property purchased during a search or rescue mission and expenditures of money for search and rescue. The regulations shall be adopted in accordance with AS 44.62 (Administrative Procedure Act).


Article 3. Boilers.


Sec. 18.60.180. Regulations.
The Department of Labor and Workforce Development shall formulate definitions and regulations for the safe and proper construction, installation, repair, use, and operation of boilers and for the safe and proper construction, installation, and repair of unfired pressure vessels. The definitions and regulations must be based upon and shall follow the generally accepted nationwide engineering standards, formulae, and practices established for boiler and unfired pressure vessel construction and safety. The Department of Labor and Workforce Development may adopt the existing published codification of these definitions and regulations, known as the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, and may adopt the amendments and interpretations made and published by that society. The Department of Labor and Workforce Development shall adopt amendments and interpretations to the code immediately upon their adoption by the American Society of Mechanical Engineers so that the definitions and regulations at all times follow generally accepted nationwide engineering standards.


Sec. 18.60.190. Effect of regulations.
 (a) The regulations adopted by the Department of Labor and Workforce Development have the force and effect of law. However, the regulations applying to the construction of new boilers and unfired pressure vessels do not prevent their installation until the regulations become mandatory as provided in (b) of this section.

 (b) Amendments in the regulations are permissive immediately upon adoption and become mandatory 12 months after adoption.




Sec. 18.60.200. New boilers and unfired pressure vessels.
 (a) A power boiler, low pressure boiler, or unfired pressure vessel that does not conform to the regulations adopted by the Department of Labor and Workforce Development governing new construction and installation may not be installed and operated unless it is of special design or construction, and is not covered by the regulations, or is not in any way inconsistent with the regulations, in which case the Department of Labor and Workforce Development may issue a special installation and operating permit.

 (b) A person who installs a boiler or unfired pressure vessel shall notify the Department of Labor and Workforce Development of the installation, using a form provided by the department.




Sec. 18.60.210. Exemptions.
 (a) AS 18.60.180 — 18.60.390 do not apply to the following:
     (1) boilers and unfired pressure vessels under federal regulation;

     (2) unfired pressure vessels meeting the requirements of the federal Department of Transportation for shipment of liquids or gases under pressure;

     (3) air tanks located on vehicles operating under the regulations of another state authority and used for carrying passengers or freight;

     (4) air tanks installed on the right-of-way of railroads and used directly in the operation of trains;

     (5) unfired pressure vessels having a volume of five cubic feet or less or vessels having an inside diameter not exceeding six inches;

     (6) unfired pressure vessels designed for a pressure not exceeding 15 pounds per square inch when not located in a place of public assembly;

     (7) manually fired miniature boilers for model locomotive, boat, tractor, or stationary engines constructed or maintained as a hobby for exhibition use, having a volume less than five cubic feet and grate area less than two square feet and equipped with an American Society of Mechanical Engineers coded safety valve of adequate capacity and size, a water level indicator, and pressure gauge;

     (8) except as provided in (c) of this section, antique manually fired boilers of locomotive, boat, tractor, or stationary engines constructed or maintained as a hobby and equipped with an American Society of Mechanical Engineers coded safety valve of adequate capacity and size;

     (9) automatic utility hot water heaters that are used for space heating using the potable system, if the hot water heater
          (A) is equipped with a safety relief valve and operational controls required by the latest American Society of Mechanical Engineers Boiler and Pressure Vessel Code published by the American Society of Mechanical Engineers that has been adopted by the Department of Labor and Workforce Development under AS 18.60.180;

          (B) contains only water;

          (C) does not exceed 120 gallons in capacity, a water temperature of 210 degrees Fahrenheit, a pressure of 150 pounds of square inch gauge pressure, or a heat input of more than 200,000 BTU an hour; and

          (D) contains a tempering valve that will regulate the outlet domestic water temperature at not more than 140 degrees Fahrenheit.

 (b) The following boilers and unfired pressure vessels are exempt from the requirements of AS 18.60.320 — 18.60.360:
     (1) boilers and unfired pressure vessels located on farms and used solely for agricultural purposes;

     (2) steam and hot water heating boilers, used exclusively for heating purposes, that are located in private residences or in apartment houses of fewer than six families;

     (3) unfired pressure vessels containing only cold water under pressure for domestic supply purposes, including those containing air, the compression of which serves only as a cushion or airlift pumping system;

     (4) unfired pressure vessels containing liquified petroleum gas;

     (5) unfired pressure vessels operating entirely full of water, and hot water supply boilers or domestic water heaters, if none of the following limitations is exceeded:
          (A) a heat input of 200,000 British thermal units per hour (57,143 watts);

          (B) a water temperature of 210 degrees Fahrenheit (99 degrees centigrade);

          (C) a maximum water-containing capacity of 120 gallons (454.2 liters);

     (6) coil type boilers unless the water-containing capacity is six gallons (22.8 liters) or greater, the water temperature exceeds 350 degrees Fahrenheit (176.5 degrees centigrade), steam is generated in the coil, or the diameter of the tubing is greater than three-quarters of an inch (18.75 millimeters).

 (c) Notwithstanding (a)(8) of this section, an antique manually fired boiler may not be used for exhibition purposes without a special operating permit issued by the Department of Labor and Workforce Development.




Sec. 18.60.220. Duties of the Department of Labor and Workforce Development.
The Department of Labor and Workforce Development shall
     (1) have all violators of AS 18.60.180 — 18.60.390 prosecuted;

     (2) issue, suspend, or revoke for cause, inspection certificates provided for in AS 18.60.390;

     (3) take action necessary for the enforcement of the laws and regulations governing the use of boilers and unfired pressure vessels;

     (4) keep a complete record of the type, dimensions, maximum allowable working pressure, age, condition, location, and date of the last recorded internal inspection of boilers and unfired pressure vessels to which AS 18.60.180 — 18.60.390 apply;

     (5) adopt regulations establishing reasonable fees for administering special inspector examinations and for processing applications for special inspector commissions; and

     (6) do acts necessary to carry out the purposes of AS 18.60.180 — 18.60.390.




Sec. 18.60.230. Appointment of deputy inspectors.
The Department of Labor and Workforce Development shall employ deputy inspectors who have passed the examination provided for in AS 18.60.290.


Sec. 18.60.235. Approved inspectors.
 (a) In addition to the deputy inspectors employed under AS 18.60.230 and the special inspectors commissioned under AS 18.60.240, the commissioner of labor and workforce development may appoint an employee of the Department of Labor and Workforce Development as an approved inspector if the employee has completed training by the chief inspector and has passed an examination that has been approved by the director of the division of labor standards and safety to perform inspections under AS 18.60.180 — 18.60.395 of cast iron boilers and domestic hot water heaters. An employee does not have to pass the examination described in AS 18.60.290 in order to be appointed an approved inspector under this subsection.

 (b) The inspection authority of an approved inspector appointed under (a) of this section is limited to performing the inspections described in (a) of this section.




Sec. 18.60.240. Appointment and qualifications of special inspectors.
In addition to the deputy boiler inspectors provided for in AS 18.60.230 and the approved inspectors appointed under AS 18.60.235(a), the Department of Labor and Workforce Development shall, upon the request of a company authorized by the Department of Commerce, Community, and Economic Development under AS 21.09 to insure against loss from explosion of boilers and unfired pressure vessels as described in AS 21.12.070(a)(7), or upon the request of a company operating unfired pressure vessels, issue to an inspector of the company a state commission as a special inspector. However, to be eligible for a commission as special inspector, a person must have passed the examination provided for in AS 18.60.290, or hold a certificate as an inspector of boilers from the National Board of Boiler and Pressure Vessel Inspectors.


Sec. 18.60.250. Compensation for special inspectors prohibited.
A special inspector is not entitled to any compensation or expenses from the state. A special inspector’s commission is conditioned upon continuing in the employ of a boiler insurance company or a company operating unfired pressure vessels in this state and upon maintaining the standards imposed by AS 18.60.180 — 18.60.390.


Sec. 18.60.260. Duty of special inspectors.
Each special inspector shall inspect all boilers and unfired pressure vessels insured or operated by the inspector’s company. The owner and user of a boiler or unfired pressure vessel inspected by its special inspector is exempt from the payment of the inspection fees provided in AS 18.60.360.


Sec. 18.60.270. Report of inspection.
 (a) Each company employing a special inspector shall, within 30 days following each inspection for certification as required by AS 18.60.390 for a boiler or unfired pressure vessel, file a report of the inspection with the Department of Labor and Workforce Development upon forms adopted by the department.

 (b) In addition, a special inspector shall file with the department a report of an inspection that discloses a condition dangerous to life or property in a boiler or unfired pressure vessel.




Sec. 18.60.280. Right of inspection.
 (a) The Department of Labor and Workforce Development or a deputy or special inspector shall be given free access, during reasonable hours, to any premises where a boiler or unfired pressure vessel is being constructed, installed, or operated, for the purpose of determining whether the boiler or unfired pressure vessel is constructed, installed, and operated in accordance with AS 18.60.180 — 18.60.390.

 (b) An approved inspector appointed under AS 18.60.235(a) has the right of access provided in (a) of this section, but only for the purpose of making the determinations described in (a) of this section for a cast iron boiler or domestic hot water heater.




Sec. 18.60.290. Examination for deputy and special inspectors.
The Department of Labor and Workforce Development shall give the examination for the position of deputy inspector or special inspector using the standard National Board of Boiler and Pressure Vessel Inspectors examination. The examination shall be in writing. If an applicant fails to pass the examination, the applicant may appeal to the department for another examination, which shall be given by the department within the next calendar quarter. The applicant and the applicant’s employer shall have access to the record of an applicant’s examination.


Sec. 18.60.300. Revocation or suspension of state commission.
 (a) The Department of Labor and Workforce Development may, after investigation, suspend or revoke a commission for (1) incompetence, (2) conviction of the crime of bribery under AS 11.56.100, receiving a bribe under AS 11.56.110, or perjury under AS 11.56.200, in connection with work as a special or deputy inspector, or (3) intentional falsification of any material matter or statement in the application or in an inspection report or in an administrative or judicial proceeding relating to the enforcement of AS 18.60.180 — 18.60.395. A person whose commission has been suspended or revoked may apply to the Department of Labor and Workforce Development for reinstatement. The department may refuse to reinstate a commission for a person whose license was suspended or revoked.

 (b) A person whose commission has been suspended or revoked, or whose application for reinstatement has been denied, may appeal the suspension, revocation, or denial as provided in AS 18.60.370 and is entitled to be present and represented by counsel at the hearing.




Sec. 18.60.310. Replacement of lost or destroyed certificate or commission.
If a certificate or commission is lost or destroyed the Department of Labor and Workforce Development shall issue a new certificate or commission without another examination.


Sec. 18.60.315. Inspection standards.
Unless the Department of Labor and Workforce Development establishes by regulation a different edition, the most current edition of the National Board Inspection Code Manual for Boiler and Pressure Vessel Inspectors constitutes the minimum boiler and pressure vessel inspection standard of the state for boilers and pressure vessels after they have received their initial inspection certificates from the Department of Labor and Workforce Development. The Department of Labor and Workforce Development may adopt regulations for the maximum practical implementation of the manual and may grant an exception from a specific provision of the manual when the department determines that the implementation of the provision would be impractical.


Sec. 18.60.320. Inspection of boilers and unfired pressure vessels.
 (a) Each boiler and unfired pressure vessel used or proposed to be used in the state except boilers or unfired pressure vessels exempt under AS 18.60.210 shall be inspected as to construction, installation, condition, and operation, as follows:
     (1) power boilers and high pressure or high temperature water boilers shall be given a certificate inspection annually; the inspector may conduct an external inspection while the boiler is under pressure or an internal inspection if warranted;

     (2) low pressure steam or vapor heating boilers shall be given a certificate inspection biennially with an internal inspection every four years if its construction permits an internal inspection;

     (3) hot water heating, hot water supply, and coil heating boilers shall be given a certificate inspection biennially with an internal inspection at the discretion of the inspector;

     (4) each unfired pressure vessel shall be inspected internally and externally at intervals set by the Department of Labor and Workforce Development; an internal inspection of an unfired pressure vessel is not required if its contents are known to be noncorrosive to the material of which the shell, head, or fittings are constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated with a corrosion inhibitor, and if the vessel is constructed in accordance with
          (A) regulations of the Department of Labor and Workforce Development, if any, in effect at the time of manufacture;

          (B) standards set out in the American Society of Mechanical Engineers Boiler and Pressure Vessel Code in effect at the time of manufacture until September 6, 1981; or

          (C) if the department adopts subsequent revisions of that code, the standards set out in those revisions as adopted by the department and in effect at the time of manufacture.

 (b) A grace period of two months beyond periods specified in (a)(1) — (4) of this section may elapse between certificate inspections.




Sec. 18.60.330. Rules of inspection.
 (a) Each inspection under AS 18.60.320 shall be made by a deputy inspector employed under AS 18.60.230, an approved inspector appointed under AS 18.60.235(a), or by a special inspector commissioned under AS 18.60.240.

 (b) [Repealed, § 5 ch 37 SLA 1992.]




Sec. 18.60.340. Inspection certificates.
 (a) If, upon inspection, a boiler or an unfired pressure vessel complies with the regulations of the Department of Labor and Workforce Development, the owner or user shall pay to the department a certificate fee to be established by regulation by the commissioner of labor and workforce development. The Department of Labor and Workforce Development shall issue to the owner or user an inspection certificate showing the date of inspection and specifying the maximum pressure under which the boiler or unfired pressure vessel may be operated. The certificate shall be posted in a location convenient to the boiler or unfired pressure vessel.

 (b) A company authorized by the Department of Commerce, Community, and Economic Development under AS 21.09 to insure boilers or unfired pressure vessels shall notify the Department of Labor and Workforce Development each time it discontinues the insurance for a boiler or unfired pressure vessel located in the state. The Department of Labor and Workforce Development shall terminate the inspection certificate and require a reinspection if the insurance was terminated because of a condition dangerous to life or property.




Sec. 18.60.350. Suspension of inspection certificate.
The Department of Labor and Workforce Development may suspend an inspection certificate when, in its opinion, the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety, or when the boiler or unfired pressure vessel does not comply with the regulations. A special inspector has this same power to suspend an inspection certificate for an insured boiler or unfired pressure vessel or an unfired pressure vessel operated by the company employing the special inspector. Suspension of an inspection certificate continues in effect until reinstatement. A certificate may not be reinstated until the boiler or unfired pressure vessel conforms to the rules and regulations of the Department of Labor and Workforce Development.


Sec. 18.60.360. Inspection fees.
 (a) The commissioner of labor and workforce development shall, by regulation, establish reasonable fees to be charged for the inspection of boilers and unfired pressure vessels. Separate fees may be established for external inspection, internal inspection, shop inspection, and hydrostatic tests, and fees may vary depending upon the rated power, heating surface area, or cross sectional area of boilers and unfired pressure vessels.

 (b) The owner or user of a boiler or unfired pressure vessel that is inspected by a deputy inspector employed under AS 18.60.230 or an approved inspector appointed under AS 18.60.235(a) shall pay the department, upon completion of the inspection, the appropriate inspection fee established under (a) of this section.

 (c) The Department of Labor and Workforce Development shall give an official receipt for an inspection fee collected under this section and shall transfer the amount of the fee to the Department of Revenue for deposit in the building safety account created under AS 44.31.025 in the state treasury.




Sec. 18.60.370. Appeals.
A person aggrieved by an order or act of a deputy inspector employed under AS 18.60.230 or an approved inspector appointed under AS 18.60.235(a) may, within 15 days after notice of the order or act, appeal to the commissioner of labor and workforce development. The commissioner of labor and workforce development or the commissioner’s designee shall hold a hearing within 30 days of the appeal but shall give at least 10 days’ written notice of the hearing to all interested parties. Within 30 days after the hearing, the commissioner of labor and workforce development or the commissioner’s designee shall issue an order approving or disapproving the order or act and shall give a copy of the order to all interested parties. Within 30 days after the order of the commissioner of labor and workforce development or the commissioner’s designee, a person aggrieved may file an appeal in the superior court for review. The court shall summarily hear the appeal and may make an appropriate order or decree.


Sec. 18.60.380. Creation of boiler fund. [Repealed, § 3 ch 29 SLA 1968.]
Sec. 18.60.390. Inspection certificate required; penalty.
A person may not operate a boiler or unfired pressure vessel under pressure without a valid inspection certificate as provided for in AS 18.60.180 — 18.60.390. The operation of a boiler or unfired pressure vessel without an inspection certificate, or at a pressure exceeding that specified in the inspection certificate, is a misdemeanor and the owner, user, or operator is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both. Each day of unlawful operation is a separate offense.


Sec. 18.60.395. Licensing of boiler operators; fees.
 (a) The Department of Labor and Workforce Development shall adopt regulations for the licensing of boiler operators. The regulations must conform to the generally accepted nationwide standards and practices established for boiler operators. In addition to any requirements adopted by regulation under this subsection, a person applying for a license shall provide to the department, on the application, the person’s social security number.

 (b) Operators’ licenses shall be provided in the following categories:
     (1) fireman — apprentice,

     (2) third class — boiler capacity not to exceed 3,500 pounds of steam an hour or 3,500,000 British thermal units per hour for high temperature or high pressure water boilers,

     (3) second class — boiler capacity not to exceed 100,000 pounds of steam an hour or 100,000,000 British thermal units per hour for high temperature or high pressure water boilers,

     (4) first class — unlimited.

 (c) This section does not require a person to be licensed in order to be a boiler operator.

 (d) Upon request, the department shall provide a social security number provided under (a) of this section to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, for child support purposes authorized under law.

 (e) A person shall pay a nonrefundable application fee of $200 when applying for a license as a boiler operator. Fees collected under this section shall be deposited in the building safety account created under AS 44.31.025.




Article 4. Refrigerators and Similar Equipment.


Sec. 18.60.400. Refrigerator safety requirements.
A person may not dispose of an icebox, refrigerator, freezer, or similar equipment, other than a portable cooler, of a kind and size sufficient to permit the suffocation of a person inside the equipment without first removing the latches, hinges, or cover or otherwise rendering it safe. A person may not maintain equipment described in this section in an area that is unattended by an adult and accessible to a minor unless the person ensures that the equipment does not present an unreasonable hazard to the safety of a minor. A person may not allow a violation of this section on premises or in an area under the person’s control.


Sec. 18.60.410. Equipment to have opening device on inside.
A person may not offer for sale an icebox, refrigerator, freezer, or similar equipment of a kind and size sufficient to permit the suffocation of a person unless the door can be opened easily from the inside, either by application of an outwardly directed force to the inside of the door or by the rotation of a knob similar to a conventional door knob.


Sec. 18.60.420. Administration of AS 18.60.400 — 18.60.460.
The Department of Labor and Workforce Development shall administer AS 18.60.400 — 18.60.460. It may appoint inspectors and inspect all iceboxes, refrigerators, freezers, and similar equipment of a kind and size sufficient to permit the suffocation of a person if the equipment is shipped into the state.


Sec. 18.60.430. Inspection of equipment.
Every person who sells equipment subject to inspection under AS 18.60.400 — 18.60.460 shall permit an authorized inspector to enter the premises where the equipment is stored, or offered for sale, for inspection during reasonable business hours.


Sec. 18.60.435. Exemption.
Equipment of less than 1.5 cubic feet in capacity is exempt from the provisions of AS 18.60.400 — 18.60.460.


Sec. 18.60.440. Review.
A person aggrieved by an order or act of the Department of Labor and Workforce Development or of an inspector under AS 18.60.400 — 18.60.460 may, within 15 days after notice of the order or act, request a hearing under AS 44.62.330 — 44.62.640.


Sec. 18.60.450. Penalties for violations.
 (a) Except as provided in (b) of this section, a person who violates a provision of AS 18.60.400 — 18.60.460 is guilty of a violation.

 (b) A person who violates a provision of AS 18.60.400 — 18.60.460 who has previously been convicted of violating AS 18.60.400 — 18.60.460 is guilty of a misdemeanor for which the maximum term of imprisonment that may be imposed is 30 days and the maximum fine that may be imposed is $500.

 (c) The mental states that must be proved for an offense under (a) or (b) of this section are those described in AS 11.81.610(b).




Sec. 18.60.460. Enforcement.
Federal, state, and municipal law enforcement officers may enforce AS 18.60.400 — 18.60.460.


Article 5. Radiation Protection.


Sec. 18.60.470. Public policy. [Repealed, § 4 ch 120 SLA 1971.]
Sec. 18.60.475. Powers and duties of department.
 (a) The department shall
     (1) adopt regulations necessary to carry out the purposes of AS 18.60.475 — 18.60.545;

     (2) develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation sources and their amelioration;

     (3) encourage, participate in, and conduct studies, investigations, training, research, and demonstrations relating to the control of radiation hazards, the measurement of radiation, the effects on health of exposure to radiation and related problems it considers necessary or advisable for the discharge of its duties;

     (4) collect and disseminate health education information relating to radiation protection;

     (5) review plans and shielding specifications for radiation sources;

     (6) inspect radiation sources, their shielding and immediate surroundings, and records concerning their operation for the determination of possible radiation hazard;

     (7) contract with other state agencies to assist them in performing functions that require expertise in determining and reducing the hazards of radiation.

 (b) The department may keep confidential data obtained as a result of registration or investigation.




Sec. 18.60.480. Rules and regulations. [Repealed, § 4 ch 120 SLA 1971.]
Sec. 18.60.485. Radiation sources.
Radiation sources shall be shielded, transported, handled, used, and kept to prevent users and other persons from being exposed to concentrations of radionuclides or levels of radiation exceeding those limits established by the department in regulations.


Sec. 18.60.490. Functions and powers of department. [Repealed, § 4 ch 120 SLA 1971.]
Sec. 18.60.495. Notification of violation and order of abatement.
When the department finds, after inspection and examination of a source of radiation as constructed, operated, or maintained, that there has been a violation of a provision of AS 18.60.475 — 18.60.545, it shall notify the person causing or permitting the violation of the nature of the violation and order the person to stop it.


Sec. 18.60.500. Use of radiation sources. [Repealed, § 4 ch 120 SLA 1971.]
Sec. 18.60.505. Authority of department in cases of emergency.
When the department finds that an emergency exists requiring immediate action to protect the public health or welfare from radiation, it may issue an order reciting the existence of an emergency and requiring that action be taken to meet the emergency. The order is effective immediately. A person to whom an order is directed shall comply with it immediately, but on application to the department shall be given a hearing under AS 44.62 (Administrative Procedure Act). After a hearing, the department may affirm, revoke, or modify the order.


Sec. 18.60.510. Notification of violation and order of abatement. [Repealed, § 4 ch 120 SLA 1971.]
Sec. 18.60.515. Assisting other agencies.
The department shall, on the request of another state agency, contract with that agency to assist it in performing functions that require expertise in determining or reducing the hazards of radiation. This assistance may include conducting inspections and investigations and providing technical assistance.


Sec. 18.60.520. Authority of department in cases of emergency. [Repealed, § 4 ch 120 SLA 1971.]
Sec. 18.60.525. Exceptions.
 (a) AS 18.60.475 — 18.60.485 do not limit the intentional exposure of patients to radiation for the purpose of diagnosis or therapy, or medical research, when conducted as authorized by law and in accordance with accepted radiation safety principles.

 (b) AS 18.60.475(a)(5) and (6) do not apply to the private use of radiation sources in the home.

 (c) AS 18.60.475 — 18.60.545 do not apply to the Department of Military and Veterans’ Affairs in carrying out the provisions of AS 26 that pertain to planning for and responding to radiation that results from the detonation of nuclear weapons.

 (d) AS 18.60.475 — 18.60.545 do not apply to Federal Communications Commission licensed facilities emitting radiation of a wavelength longer than one centimeter, and an average power output not exceeding two kilowatts.

 (e) AS 18.60.475 — 18.60.545 do 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.




Sec. 18.60.530. Injunctive relief. [Repealed, § 4 ch 120 SLA 1971.]
Sec. 18.60.535. Penalty.
A person who violates a regulation, standard, or order of the department adopted or issued under AS 18.60.475 — 18.60.545 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500, or by imprisonment for not more than one year, or by both. Each day upon which a violation occurs constitutes a separate offense.


Sec. 18.60.540. Exceptions. [Repealed, § 4 ch 120 SLA 1971.]
Sec. 18.60.545. Definitions.
In AS 18.60.475 — 18.60.545,
     (1) “department” means the Department of Health and Social Services;

     (2) “electronic product” means a manufactured product that
          (A) when in operation contains or acts as part of an electronic circuit and emits, or in the absence of effective shielding or other controls would emit, electronic product radiation; or

          (B) is intended for use as a component, part, or accessory of a product described in (A) of this paragraph and that when in operation emits, or in the absence of effective shielding or other controls would emit, electronic product radiation;

     (3) “electronic product radiation” means any ionizing or non-ionizing, electromagnetic or particulate radiation, or a sonic, infrasonic, or ultrasonic wave that is emitted from an electronic product as the result of the operation of an electronic circuit in the product;

     (4) “radiation sources” means both electronic product and nuclear radiation sources;

     (5) “radionuclide” means any atom that may spontaneously emit particles or gamma radiation or may emit X-radiation following orbital electron capture or may undergo spontaneous fission;

     (6) “state agency” or “agency of the state”
          (A) means a state department or agency, whether in the legislative, judicial, or executive branch;

          (B) does not include the University of Alaska, a municipality, or an agency of a municipality.




Secs. 18.60.550 — 18.60.570. Conflicting laws; definitions; title. [Repealed, § 4 ch 120 SLA 1971.]

Article 6. Electrical Safety.


Sec. 18.60.580. Minimum electrical standards.
After the American National Standards Institute approves a new, published edition of the National Electrical Code or a new, published edition of the National Electrical Safety Code, the Department of Labor and Workforce Development may, by regulation, adopt the most recent codes to constitute the minimum electrical safety standards of the state.


Sec. 18.60.590. Code amendments; local safety codes.
 (a) The department may by regulation adopt amendments to the National Electrical Code as approved and issued by the American National Standards Institute.

 (b) AS 18.60.580 — 18.60.660 do not affect the authority of any municipality or rural electrification association to prescribe by ordinance, rule, or order standards for their respective areas of jurisdiction not less stringent than the standards prescribed by the department or those established under AS 18.60.580.




Sec. 18.60.600. Powers and duties of the department.
 (a) The department may
     (1) adopt regulations to carry out the purposes of AS 18.60.580 — 18.60.660;

     (2) inspect the electrical wiring of any place of employment or public structure in this state.

 (b) The department shall
     (1) keep a record of all inspection fees collected;

     (2) keep a record of all electrical inspections conducted.




Sec. 18.60.610. Delegation of authority.
Upon application to the department, a person, corporation, electric utility firm, public utility district, rural electrification association, or municipal utility district furnishing electrical current may be authorized by the commissioner to inspect the electrical wiring for a public or commercial structure as defined in AS 18.60.660 to which it is to furnish electrical current before energizing the electrical system on, in, or about the premises. Authorization by the commissioner under this section constitutes a grant of full authority to act within the provisions of AS 18.60.580 — 18.60.660 with the same immunities and privileges accorded to the state in the performance of these duties. A person or entity whose electrical wiring installation is found by the authorized inspector not to meet the standards prescribed has the right to appeal to the commissioner for a new inspection. The commissioner shall, within 15 days, furnish a new inspection by a designee not associated with the person, firm, or utility that did the original inspection.


Sec. 18.60.620. Inspection fees.
A person, corporation, electric utility firm, public utility district, rural electrification association, or municipal utility district authorized under AS 18.60.610 to provide inspection services may charge a fee for these services. After notice and hearing, the department shall set a schedule of maximum fees for inspection services rendered under AS 18.60.580 — 18.60.660. The department may review the schedule every two years after giving notice and hearing.


Sec. 18.60.630. Enforcement of compliance.
An authorized inspector under this chapter shall give written notice to the owner of constructed premises, or the contractor of premises under construction, of each violation of applicable electrical standards discovered as a result of inspection. If within 15 days after receipt of written notice of an electrical violation, the person notified does not rectify the condition, the inspector shall notify the electric utility firm, public utility district, rural electrification association, or municipality district supplying power to the premises. Upon notice in writing from the inspector, the supplier of electrical power may discontinue services to the premises where the alleged violation exists.


Sec. 18.60.640. Scope of work covered.
 (a) AS 18.60.580 — 18.60.660 cover only new installations and alterations to existing installations.

 (b) These standards are the recommended minimum standards for all new structures in the state.




Sec. 18.60.650. Penalty for violations.
A person who installs electrical wiring not in compliance with minimum electrical standards as set out in AS 18.60.580, and who fails to correct this wiring after having been notified in writing by an authorized inspector, upon conviction, is punishable by a fine of not more than $1,000.


Sec. 18.60.660. Definitions.
In AS 18.60.580 — 18.60.660,
     (1) “commissioner” means commissioner of labor and workforce development;

     (2) “department” means the Department of Labor and Workforce Development;

     (3) “electrical wiring” means the entire electrical system, including all conducting and shielding material, all regulatory and safety apparatus, and all devices and techniques used in the process of installation;

     (4) “public structures” mean buildings such as hotels, resident housing with more than one rental unit, restaurants, taverns, lodging houses, children’s homes, auditoriums, town halls, or any structure designed or used for public assembly whether publicly or privately financed.




Article 7. High Voltage Lines.


Sec. 18.60.670. Prohibition against placement of equipment near electrical power lines and conductors.
A person individually or through an agent or employee may not
     (1) place any type of tool, equipment, machinery, or material that is capable of lateral, vertical, or swinging motion, within 10 feet of a high voltage overhead electrical line or conductor;

     (2) store, operate, erect, maintain, move, or transport tools, machinery, equipment, supplies, materials, apparatus, buildings, or other structures within 10 feet of a high voltage overhead electrical line or conductor.




Sec. 18.60.675. Posting of warning sign before operation.
A person individually or through an agent or employee may not operate a crane, derrick, power shovel, drilling rig, hoisting equipment, or similar apparatus, any part of which is capable of vertical, lateral, or swinging motion, unless the operator or the operator’s employer posts and maintains, in plain view of the operator, a durable warning sign legible at 12 feet that reads as follows: “It is unlawful to operate this equipment within 10 feet of high voltage lines.”


Sec. 18.60.680. Placement of barriers for temporary work.
Before a person is going to temporarily engage in work or other activity in closer proximity to a high voltage line or conductor than is permitted by AS 18.60.670, the person shall immediately notify the operator or owner of the high voltage line or conductor of the work to be performed and make appropriate arrangements, with payment satisfactory to the operator, for the installation of temporary mechanical barriers, temporary deenergization and grounding of the conductors, or a temporary raising of the conductors. Costs incurred by an operator or owner of a high voltage line or conductor in providing barriers, deenergization, and grounding as specified in this section shall be paid by the person engaging in the work that requires these protective measures.


Sec. 18.60.685. Criminal penalty; civil liability for damages.
 (a) A person who violates AS 18.60.670 — 18.60.695 is guilty of 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.

 (b) If a violation of AS 18.60.670 — 18.60.695 results in physical or electrical contact with an overhead high voltage line or conductor, the violator is liable to the owner or operator of the high voltage line or conductor for all damage to the facilities and for all liability incurred by the owner or operator as a result of the unlawful activities.

 (c) Each day on which a person fails to post or maintain a sign as required by AS 18.60.675 constitutes a separate and additional violation.




Sec. 18.60.690. Nonapplicability to certain activities.
AS 18.60.670 — 18.60.695 do not apply to
     (1) activities relating to high voltage overhead conductors or their supporting structures conducted by persons authorized by the operator or owner of high voltage overhead conductors or their supporting structures;

     (2) work done on telephone or communication circuits or their supporting structures;

     (3) the operation or maintenance of equipment traveling or moving upon fixed rails of a railroad; or

     (4) emergency situations in which life is endangered.




Sec. 18.60.695. Definitions.
In AS 18.60.670 — 18.60.695,
     (1) “high voltage” means a voltage in excess of 750 volts between conductors or between any single conductor and the ground;

     (2) “overhead lines or overhead conductors” means all bare or insulated electrical conductors installed aboveground except those that are deenergized and grounded or enclosed in iron pipe or other metal covering of equal strength.




Article 8. Plumbing Code.


Sec. 18.60.705. Plumbing code.
 (a) Except as provided otherwise in this section, and unless the department adopts by regulation a later edition of the following publications or a later version of another nationally recognized code approved by the legislature by law, the following publications are adopted as the minimum plumbing code for the state:
     (1) paragraphs 101.3 — 101.5.6, 103.5.1.1 — 103.5.1.4, 103.5.3.5, 103.5.4.2, 103.5.5.1 — 103.5.5.2, 103.5.6.1 — 103.5.6.3, and 103.8 — 103.8.2 of chapter 1, chapters 2 — 14, and the appendices A through L of the 1997 edition of the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and adopted at the 67th annual conference, September 1996, excluding Table 4.1, “Minimum Plumbing Facilities”; and adding Appendix Chapter 29, Table A — 29 — A, “Minimum Plumbing Fixtures,” of the 1997 edition of the Uniform Building Code published in April 1997 by the International Council of Building Officials, except that for the category identified in Table A — 29 — A as “Assembly places—Auditoriums, convention halls, dance floors, lodge rooms, stadiums and casinos,” when the category is applied to auditoriums, convention halls, stadiums, and casinos, the ratios
          (A) indicating the number of water closets required for females are changed to provide the following:
               (i) four water closets for 1 — 50 females;

               (ii) six water closets for 51 — 100 females;

               (iii) 10 water closets for 101 — 200 females;

               (iv) 14 water closets for 201 — 400 females; and

               (v) one additional water closet for each 100 females over 400 females; and

          (B) indicating the number of lavatories required for females and males are changed to
               (i) one lavatory for each water closet up to four water closets; and

               (ii) one additional lavatory for each two additional water closets beyond four water closets;

     (2) the 1997 edition of the Uniform Swimming Pool, Spa, and Hot Tub Code published by the International Association of Plumbing and Mechanical Officials and adopted at the 67th annual conference, September 1996, excluding pages 1 — 8 of Part I, Administration; and

     (3) the 1997 edition of the Uniform Solar Energy Code published by the International Association of Plumbing and Mechanical Officials and adopted at the 67th annual conference, September 1996, excluding pages 1 — 7 of Part I, Administration.

 (b) Notwithstanding (a) of this section, the use of a pipe or pipe fitting containing more than 8.0 percent lead, or of solder or flux containing more than 0.2 percent lead in the installation or repair of a public water system or in the installation or repair of plumbing of a residential or nonresidential facility that provides water for human consumption is prohibited. This subsection does not apply to the use of leaded joints necessary to repair cast iron pipe.

 (c) Notwithstanding (a) of this section, a single-wall heat exchanger may be used if
     (1) the heat transfer medium is water type or propylene type glycol;

     (2) the pressure of the heat transfer medium is limited to a maximum of 30 pounds per square inch by an approved safety relief valve; and

     (3) the heat exchanger is prominently and permanently labeled with instructions concerning (1) and (2) of this subsection.




Sec. 18.60.710. Duties of the department.
The department is responsible for the administration of the code. The department may adopt regulations designed for maximum practical implementation of the code, and may grant exceptions from specific code provisions, where distance or other factors make implementation impractical. Specific consideration shall be given to outlying villages and sparsely populated areas to ensure that AS 18.60.705 — 18.60.740 will not impose an undue financial burden. The department may by regulation designate appropriate inspection to a public or private utility company. A company so designated may refuse utility connections if an installation does not meet the requirements of this code.


Sec. 18.60.715. Administration.
 (a) The code applies to all new construction, all new work in relocated buildings, and to any alteration, repairs, or reconstruction of buildings except as provided otherwise under AS 18.60.705 — 18.60.740.

 (b) The department may inspect work installed, removed, altered, or replaced on any plumbing, gas or drainage piping, plumbing fixture, water heater, or water treating equipment in a building or other location. A permit or inspection is not required for the following work: the stopping of leaks in drains, soil, waste, or vent pipes, the clearing of stoppages in or repairing of leaks in pipe valves or fixtures, and repairs or alterations not of a substantive nature that can be reasonably exempted from inspection.

 (c) Nothing in AS 18.60.705 — 18.60.740 prohibits a person from performing plumbing work on the person’s own property.

 (d) The department may adopt regulations establishing fees for inspections conducted under AS 18.60.705 — 18.60.740. Fees may be established under this section only for inspections requested by the owner of a structure.

 (e) The department shall maintain a record of all plumbing inspections performed by it and of all inspection fees and permit fees collected by it.




Sec. 18.60.720. Cost of permits.
 (a) If the department by regulation requires permits for plumbing work, fees may not exceed the following:

(1) for issuing each permit ................... $2.00;(2) a permit for each(A) plumbing fixture or trap or set of fixtures on one trap, including water, drainage piping and backflow protection ................... 1.50;(B) building sewer or trailer park sewer ................... 5.00;(C) drain in rainwater system ................... 2.00;(D) cesspool ................... 5.00;(E) private sewage disposal system ................... 10.00;(F) water heater and/or vent ................... 1.50;(G) gas piping system of one to five outlets ................... 1.50;(H) gas piping system of six or more outlets, per outlet ....................30;(I) industrial waste pretreatment interceptor, including its trap and vent, but excluding kitchen type grease interceptors functioning as fixture traps ................... 1.00;(J) installation, alteration, or repair of water piping or water treating equipment ................... 1.50;(K) repair or alteration of drainage or vent piping ................... 1.50;(L) lawn sprinkler system or any one meter which includes backflow protection devices ................... 2.00;(3) for vacuum breakers or backflow protective devices on tanks, vats, or for installation on unprotected plumbing fixtures including necessary water piping(A) one to five ................... 2.00;(B) over five, each ....................30.     (b) The department shall keep a record of all fees collected and all inspections performed.




Sec. 18.60.725. Enforcement; reinspection.
 (a) A department inspector shall give written notice to the owner of a constructed premise or the contractor of a premise under construction of each violation of the code. The notice of violation must accurately describe the violation and give specific reference to the section and paragraph of the code. In addition, the notice must prescribe the necessary changes so that the work will comply with the code.

 (b) In case of complaints by a contractor, builder, or installer charging arbitrary actions or incompetence on the part of an inspector, the commissioner, after reviewing written presentation of the dispute, may require reinspection by a new inspector who has no connection with either disputant.




Sec. 18.60.730. Penalty for violations.
A person who violates a provision of the code, and who, after receiving the notification required by AS 18.60.725, refuses to correct the violation, after proof of the violation, is subject to a fine of not more than $1,000.


Sec. 18.60.735. Borough or city regulation.
AS 18.60.705 — 18.60.740 do not affect the authority of a municipality to prescribe by ordinance, rule, or order, standards for their respective areas of jurisdiction no less stringent than those established under AS 18.60.705. AS 18.60.705 — 18.60.740 are not intended to duplicate or preempt code administration or enforcement by municipalities. An organized municipality or unorganized village having less than 2,500 population is exempt from the provisions of AS 18.60.705 — 18.60.740.


Sec. 18.60.740. Definitions.
In AS 18.60.705 — 18.60.740,
     (1) “code” means the code adopted under AS 18.60.705;

     (2) “commissioner” means the commissioner of labor and workforce development;

     (3) “department” means the Department of Labor and Workforce Development;

     (4) “inspector” means a qualified inspector employed by, designated by, or under contract to the Department of Labor and Workforce Development.




Article 9. Safety Glazing.


Sec. 18.60.750. Labeling required.
 (a) Each lite of safety glazing material manufactured, distributed, imported, sold for use, or installed in hazardous locations in the state shall be permanently labeled by etching, sandblasting, firing of ceramic material, hot-die stamping, transparent pressure sensitive labels, or by other suitable means to ensure that the labeling will be permanent. The label must identify the manufacturer, fabricator, seller, or installer, the thickness and type of safety glazing material, and the fact that the material meets the test requirements of the American National Standards Institute Standard (ANSI Standard) Z-97.1-1972.

 (b) The label must be visible and legible after installation, and the label may not be used on other than safety glazing materials.




Sec. 18.60.755. Safety glazing materials required.
 (a) A supplier, contractor, or installer, other than a private homeowner installing glazing material in an owner-occupied single dwelling, may not knowingly install, have installed, or consent to the installation of glazing materials other than safety glazing materials in a hazardous location.

 (b) Bid specifications for contracts for public buildings, public works, or other public improvements where the use of glazing material is required must include a provision that only safety glazing material that meets the test and labeling standards set out in AS 18.60.750 shall be used in the construction of public buildings, public works, or other public improvements under AS 35.10 and AS 35.15.




Sec. 18.60.760. Employees not liable.
No liability under AS 18.60.750 — 18.60.755 is created as to workers who are employees of a material supplier, contractor, subcontractor, or other employer responsible for compliance with AS 18.60.750 — 18.60.755.


Sec. 18.60.765. Penalty.
A person who violates AS 18.60.750 — 18.60.755 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than one year, or by both.


Sec. 18.60.770. Local ordinances.
Except where a city or borough ordinance is more strict in terms of the test and labeling standards for safety glazing material required or more broad in its application to persons or locations covered, AS 18.60.750 — 18.60.755 supersede a city or borough ordinance relating to safety glazing labels and materials.


Sec. 18.60.775. Applicability. [Repealed, § 38 ch 30 SLA 1992.]
Sec. 18.60.780. Definitions.
In AS 18.60.750 — 18.60.755,
     (1) “bathtub enclosure” means a sliding, pivoting, or hinged door and fixed panels that are glazed or to be glazed and used to form a barrier between the bathtub and the rest of the bathroom area or other room in which bathing facilities are located;

     (2) “commercial buildings” means buildings including wholesale and retail stores and storerooms, and office buildings;

     (3) “commercial entrance and exit door” means a hinged, pivoting, revolving, or sliding door that is glazed or to be glazed and used alone or in combination with other doors, other than sliding glass door units, on interior or exterior walls of a commercial, public, or industrial building as a means of passage, ingress, or egress;

     (4) “fixed flat glazed panels immediately adjacent to entrance or exit doors” means the first fixed flat glazed panel on either or both sides of interior or exterior doors, 48 inches or less in width, the nearest vertical edge of which is located within six feet horizontally of the nearest vertical edge of the door;

     (5) “glazed” means the accomplished act of glazing;

     (6) “glazing” means the act of installing and securing glass or other glazing material into prepared openings in structural elements including doors, enclosures, and panels;

     (7) “hazardous locations” means those structural elements, glazed or to be glazed, in residential buildings and other structures used as dwellings, commercial buildings, industrial buildings, and public buildings, known as interior and exterior commercial entrance and exit doors and the immediately adjacent flat fixed glazed panels, sliding glass door units including the fixed glazed panels that are part of these units, storm or combination doors, shower and bathtub enclosures, primary residential entrance and exit doors and the fixed or operable adjacent sidelights, whether or not the glazing in these doors, panels, and enclosures is transparent; however, peep-holes or viewing devices are not hazardous locations;

     (8) “industrial buildings” means buildings including factories, manufacturing plants, or other auxiliary structures used in a manufacturing process;

     (9) “other structures used as dwellings” means buildings including mobile homes, manufactured or industrialized housing, and lodging homes;

     (10) “primary residential entrance and exit door” means a door, other than a sliding glass door unit, that is glazed or to be glazed and used in an exterior wall of a residential building and other structures used as dwellings, as a means of passage, ingress, or egress;

     (11) “public buildings” means buildings including hotels, hospitals, motels, dormitories, sanitariums, nursing homes, theaters, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, museums, restaurants, bars, correctional institutions, places of worship, and other buildings of public accommodation or assembly;

     (12) “residential buildings” means structures including homes and apartments used as dwellings for one or more families or persons;

     (13) “safety glazing material” means any glazing material, including tempered glass, laminated glass, wire glass, or rigid plastic, that meets the test requirements of the American National Standards Institute Standard (ANSI Standard) Z-97.1-1972, and that is so constructed, treated, or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material;

     (14) “shower enclosure” means a hinged, pivoting, or sliding door and fixed panels that are glazed or to be glazed and used to form a barrier between the shower stall and the rest of the bathroom area or other room in which bathing facilities are located;

     (15) “sliding glass door units” means an assembly of glazed or to be glazed panels contained in an overall frame, installed in residential buildings and other structures used as dwellings, commercial, industrial, or public buildings, and so designed that one or more of the panels is movable in a horizontal direction to produce or close off an opening for use as a means of passage, ingress, or egress;

     (16) “storm or combination door” means a door that is glazed or to be glazed, and used in tandem with a primary residential or commercial entrance and exit door to protect the primary residential or commercial entrance or exit door against weather elements and to improve indoor climate control.




Article 10. Elevators.


Sec. 18.60.800. Elevator safety standards.
 (a) Unless the Department of Labor and Workforce Development establishes by regulation a different edition, the most current edition of the American Society of Mechanical Engineers Safety Code for Elevators and Escalators published by the American Society of Mechanical Engineers constitutes the minimum elevator safety code in the state. Section 1001.1, Inspection and Test Periods, of the American Society of Mechanical Engineers Safety Code for Elevators and Escalators is not adopted as a part of the minimum elevator safety code in the state.

 (b) The Department of Labor and Workforce Development shall
     (1) adopt or change regulations to carry out the provisions of AS 18.60.800 — 18.60.820;

     (2) inspect and certify elevators to meet the safety requirements, but need not inspect or certify elevators in a municipality that has adopted or prescribed elevator safety standards under (d) of this section if the commissioner determines that inspection and certification by the municipality adequately protect the public;

     (3) establish, by regulation, fees for inspections performed under AS 18.60.800 — 18.60.820; and

     (4) maintain a record of all inspections performed and of all inspection fees collected.

 (c) Inspections of elevators by the department shall be performed in accordance with the procedures set out in the most recent edition of the National Standard Practice for the Inspection of Elevators and Escalators published by the American Society of Mechanical Engineers.

 (d) A municipality may adopt the standards established by this section or prescribe standards more stringent than those established by this section.

 (e) [Renumbered as AS 18.60.825.]
 (f) Inspection fees collected under (b) of this section shall be deposited into the building safety account created under AS 44.31.025.




Sec. 18.60.810. Emergency power source. [Repealed, § 5 ch 31 SLA 1983.]
Sec. 18.60.820. Enforcement of compliance.
A Department of Labor and Workforce Development inspector shall give written notice to the owner of an elevator of each violation of safety standards as a result of inspection by the inspector. If within 15 days after receipt of written notice of a safety violation the person notified does not rectify the condition, the commissioner of the Department of Labor and Workforce Development shall authorize the elevator to be closed until the safety violations are rectified.


Sec. 18.60.822. Snow safety and operation plan. [Repealed, § 3 ch 63 SLA 1994. For current law, see AS 05.45.]
Sec. 18.60.825. Definition.
In AS 18.60.800 — 18.60.820, “elevator” includes elevators, dumbwaiters, escalators, and moving walks.


Article 11. Alaska Safety Advisory Council.


Sec. 18.60.830. Alaska Safety Advisory Council.
 (a) There is established in the Department of Labor and Workforce Development the Alaska Safety Advisory Council.

 (b) The council consists of 13 members appointed by the governor as follows:
     (1) five members representing industry selected on the basis of geographic representation and population distribution;

     (2) four members representing labor selected on the basis of geographic representation and population distribution;

     (3) one member representing the federal government;

     (4) one member representing the state government;

     (5) one member representing local government; and

     (6) one member of the public.

 (c) A member of the council serves for a term of two years and until a successor is appointed and qualified. An appointment to a vacancy is for the unexpired term. A person may be reappointed by the governor for additional terms. A member of the council serves at the pleasure of the governor.

 (d) A member of the council serves without compensation but is entitled to travel and per diem expenses as provided in AS 39.20.180.

 (e) The council shall elect a chairperson and a secretary from among its members, each to serve for a term not to exceed two years. The commissioner of labor and workforce development or the designee of the commissioner of labor and workforce development shall serve as the executive secretary of the council.




Sec. 18.60.835. Duties of the council.
The Alaska Safety Advisory Council shall
     (1) work in cooperation with official and unofficial organizations and instrumentalities in the state that are interested in promotion of safety so that possible resources can be marshalled and used to reduce the menace of accidental death and injury;

     (2) coordinate with and make recommendations to
          (A) the Department of Labor and Workforce Development;

          (B) the Department of Transportation and Public Facilities;

          (C) the Department of Public Safety;

          (D) the Department of Education and Early Development;

          (E) the Department of Natural Resources;

          (F) the Department of Health and Social Services; and

          (G) heads or representatives of federal departments and agencies operating in the state that are particularly concerned with safety programs and accident prevention;

     (3) make recommendations to the governor and the legislature on the achievement of a coordinated state policy and program for the safety and health of residents of the state;

     (4) organize and hold an annual governor’s safety conference to bring together citizens interested in safety and health matters.




Sec. 18.60.840. Finances of the council.
 (a) The Alaska Safety Advisory Council may charge a fee for attendance at the annual governor’s safety conference, based on the estimated cost to organize and hold the conference.

 (b) The receipt and expenditure by the council of money from any source is subject to AS 37.07 (Executive Budget Act).




Article 12. Piping Codes.


Sec. 18.60.850. Piping codes.
The United States of America Standards Institute Codes listed below are established as the piping codes for the state:
     (1) B 31.1.0 — 1967 power piping;

     (2) B 31.2 — 1968 fuel gas piping;

     (3) B 31.8 — 1968 gas transmission and distribution piping system;

     (4) B 31.3 — 1966 petroleum refining piping;

     (5) B 31.4 — 1966 and B 31.4a — 1968 liquid petroleum transportation piping systems.




Article 13. Health Care Protections.


Sec. 18.60.880. Needle stick and sharps injury protections for health care workers.
 (a) An employer shall conduct product evaluations of needleless systems and sharps with engineered sharps injury protections. The product evaluations shall include the categories of devices that are used in the employer’s facilities. For each category of device, the product evaluations shall be performed by front-line health care workers representing all wards and medical specialties where the devices are used. The evaluation committee described in (g) of this section shall determine the amount of time necessary for the front-line health care workers to perform product evaluations under this subsection. The categories of devices to be evaluated under this subsection include
     (1) IV catheters;

     (2) IV access devices and IV connectors;

     (3) vacuum-tube blood collection devices;

     (4) blood-drawing devices including phlebotomy needle and tube holders, butterfly-type devices, and syringes and other similar devices;

     (5) syringes used for purposes other than blood drawing;

     (6) suture needles;

     (7) scalpel devices; and

     (8) any other category of device used at the employer’s facilities where there is a sharps injury risk.

 (b) The department shall, by regulation, adopt a standard concerning the use of needleless systems and sharps with engineered sharps injury protections for devices listed in (a) of this section. The regulations must provide that
     (1) needleless systems and sharps with engineered sharps injury protections must be included as engineering and work practice controls; however, the needleless systems and sharps with engineered sharps injury protections are not required if
          (A) the devices are not available in the marketplace;

          (B) the evaluation committee described in (g) of this section determines by means of objective product evaluation criteria that use of the devices may jeopardize patient safety if used for
               (i) a class or type of procedure; or

               (ii) a class or type of procedure when performed on a certain type of patient;

          (C) a certified or licensed health care worker directly involved in the patient’s care determines, in the reasonable exercise of clinical judgment, that use of the devices will jeopardize the patient’s safety or the success of the particular medical procedure involving the patient; a health care worker who makes this determination shall file a report with the employer, in writing, including the date, time, patient, and procedure involved, and a statement of the reasons why the employee failed to use an approved needleless system or sharp with engineered sharps injury protections;

          (D) the employer can demonstrate by means of objective product evaluation criteria that use of the devices is not more effective in preventing exposure incidents than the alternative used by the employer; or

          (E) the employer can demonstrate, with respect to an engineering control that has not been available in the marketplace for at least 12 months, that reasonably specific and reliable information is not available regarding the safety performance of the engineering control for the employer’s procedures, and that the employer is actively determining by means of objective product evaluation criteria whether the use of the engineering control will reduce the risk of exposure incidents occurring in the employer’s workplace;

     (2) a written exposure control plan include an effective procedure for identifying and selecting existing needleless systems and sharps with engineered sharps injury protections; the procedure must provide that an evaluation committee described in (g) of this section has responsibility for identifying and selecting the devices;

     (3) written exposure control plans shall be updated when necessary to reflect progress in implementing needleless systems and sharps with engineered sharps injury protections as determined by the evaluation committee described in (g) of this section; updating must occur at least once every year;

     (4) information concerning exposure incidents shall be recorded in a sharps injury log as required by (c) of this section.

 (c) A sharps injury log must include at least
     (1) the date and time of the exposure incident;

     (2) the type and brand of sharp involved in the exposure incident; and

     (3) the description of the exposure incident that must include
          (A) the job classification of the exposed employee;

          (B) the department or work area where the exposure incident occurred;

          (C) the procedure that the exposed employee was performing at the time of the incident;

          (D) how the incident occurred;

          (E) the body part involved in the exposure incident;

          (F) if the sharp had engineered sharps injury protections, whether the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism, or after activation of the mechanism;

          (G) if the sharp had no engineered sharps injury protections, the injured employee’s opinion as to whether and how such a mechanism could have prevented the injury, as well as the basis for the opinion; and

          (H) whether an engineering, administrative, or work practice control could have prevented the injury, as well as the recorder’s basis for the opinion.

 (d) The department shall adopt regulations to implement AS 18.60.880 — 18.60.890 and to revise the bloodborne pathogen standard to prevent sharps injuries or exposure incidents. The regulations may include
     (1) training and education requirements;

     (2) measures to encourage the vaccination of health care workers against diseases transmitted by bloodborne pathogens;

     (3) requirements for the strategic placement of sharps containers as close to the work area as practical; and

     (4) requirements for the increased use of personal protective equipment.

 (e) The department shall compile and maintain a list of sources of information on existing needleless systems and sharps with engineered sharps injury protections. The department shall make the list available to assist employers in complying with the requirements of the bloodborne pathogen standard adopted under this section.

 (f) [Repealed, § 2 ch 108, SLA 2000.]
 (g) An employer who employs 10 or more front-line health care workers shall establish an evaluation committee, at least half the members of which are front-line health care workers. An employer who employs fewer than 10 front-line health care workers shall establish an evaluation committee with at least one member who is a front-line health care worker. An employer who has established a committee before January 1, 2001, that satisfies the requirements of this subsection is not required to establish an additional committee under this subsection.

 (h) [Repealed, § 2 ch 73 SLA 2005.]




Sec. 18.60.890. Definitions.
In AS 18.60.880 — 18.60.890,
     (1) “bloodborne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans, including hepatitis B virus, hepatitis C virus, and human immunodeficiency virus;

     (2) “department” means the Department of Labor and Workforce Development;

     (3) “employer” means an employer having an employee with occupational exposure to human blood or other material potentially containing bloodborne pathogens;

     (4) “engineered sharps injury protections” means a physical attribute built into
          (A) a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids that effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or other effective mechanisms; or

          (B) another type of needle device, or a nonneedle sharp, that effectively reduces the risk of an exposure incident;

     (5) “engineering controls” means controls, including needleless systems and sharps with engineered sharps injury protections, that isolate or remove the bloodborne pathogens hazard from the workplace;

     (6) “front-line health care worker” means a nonmanagerial employee responsible for direct patient care with potential occupational exposure to sharps-related injuries;

     (7) “needleless system” means a device that does not use needles for
          (A) the withdrawal of body fluids after initial venous or arterial access is established;

          (B) the administration of medication or fluids; or

          (C) another procedure involving the potential for an exposure incident;

     (8) “sharp” means an object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body and to result in an exposure incident, including needle devices, scalpels, lancets, broken glass, and broken capillary tubes;

     (9) “sharps injury” means cuts, abrasions, needlesticks, or other injuries caused by a sharp;

     (10) “sharps injury log” means a written or electronic record satisfying the requirements of AS 18.60.880(c);

     (11) “work practice controls” are controls that reduce the likelihood of exposure by altering the manner in which a task is performed.




Sec. 18.60.950. Accounting and disposition of fees. [Repealed, § 28 ch 90 SLA 1991.]

Chapter 62. Certificates of Fitness.

Sec. 18.62.010. Certificate of fitness required.
In connection with work performed subject to the standards established in AS 18.60.580 and AS 18.60.705, a person may not be employed without a certificate of fitness to perform the work, except that a certificate of fitness may not be required of employees of an electric utility that does not have within its service area any portion of a city or unified municipality having more than 2,500 population.


Sec. 18.62.020. Application for and issuance of certificate.
The department shall issue certificates of fitness and renewal certificates of fitness valid for two years. The certificate may be issued only to an individual. An applicant for a certificate shall apply in writing, under oath, on a form prescribed by the department containing
     (1) the name and address of the applicant;

     (2) the applicant’s age;

     (3) the applicant’s citizenship; and

     (4) other information relevant to licensing that the department requires.




Sec. 18.62.030. Fees.
 (a) An applicant shall pay a nonrefundable application and examination fee of $50 when applying for a trainee or journeyman level certificate of fitness. The department shall charge a biennial fee of $200 for the issuance of a trainee or journeyman level certificate or a renewal certificate, to be prorated if issued for less than two years, and a fee of $25 for the issuance of a duplicate certificate.

 (b) Fees collected under (a) of this section shall be deposited into the building safety account created under AS 44.31.025.




Sec. 18.62.040. Cancellation and duration of certificate.
The department may cancel a certificate for cause. A certificate, if not cancelled for cause, is valid for the term it was issued for. A certificate holder whose certificate is about to expire may apply for a new certificate.


Sec. 18.62.050. Issuance and contents of certificate.
 (a) If, upon investigation and examination by the department, the applicant is found competent by reason of training and experience, the department shall issue a certificate of fitness. The certificate shall set out the competency of the applicant and provide for positive identification of the applicant, and shall be carried on the person engaged in work subject to the requirement of a certificate of fitness under this chapter.

 (b) [Repealed, § 23 ch 81 SLA 1984.]
 (c) Verification by an Alaska-based labor union of a member’s qualification to meet the requirements for a certificate of fitness may be accepted in lieu of examination or other requirement for issuing a certification under this chapter.




Sec. 18.62.060. Power of the department.
The department shall issue orders and adopt regulations necessary to carry out the purposes of this chapter.


Sec. 18.62.070. Persons required to obtain certificate.
A person engaged in one of the following trades shall first obtain from the department the appropriate certificate of fitness in that trade:
     (1) electrical wiring subject to the standards established in AS 18.60.580; and

     (2) plumbing subject to the uniform plumbing code; in this paragraph, “uniform plumbing code” means the minimum plumbing code adopted for the state under AS 18.60.705.




Sec. 18.62.080. Penalty.
A person, either an employer or employee, who violates a provision of this chapter or of a regulation adopted under this chapter is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500.


Chapter 63. Hazardous Painting Certification.

Sec. 18.63.010. Hazardous painting certificate required.
 (a) A person may not employ or contract with a professional painter to perform hazardous painting for compensation unless the painter holds a current valid hazardous painting certificate issued by the department. As a condition of employment, an employer may require a professional painter to provide a copy of the certificate. It is a defense to a violation of this subsection by an employer if the employer produces a copy of the painter’s certificate and the employer reasonably believed the certificate was not falsified.

 (b) A professional painter may not provide a falsified hazardous painting certificate to an employer or make a false statement to an employer regarding the painter’s certification.




Sec. 18.63.020. Issuance of certificate.
 (a) An application for issuance of a hazardous painting certificate shall be on a form prescribed by the department. An application for initial issuance of a certificate must include proof that the applicant completed an approved basic hazardous painting certificate program not more than 30 days before the application was received by the department. An application for certificate renewal must include proof that the applicant completed an approved supplemental hazardous painting certificate program not more than 30 days before the date the application was received by the department.

 (b) The department shall issue a hazardous painting certificate to an applicant who has completed an application and submitted a certificate fee. A certificate is valid for three years.




Sec. 18.63.030. Fee.
The commissioner shall establish the triennial fee for a hazardous painting certificate by regulation. The fee must reflect the department’s approximate costs or projected costs for the hazardous painting certification program.


Sec. 18.63.040. Certificate programs.
 (a) The department shall
     (1) establish requirements for basic and supplemental hazardous painting certificate programs;

     (2) review, and approve or disapprove, programs proposed by contractors, labor organizations, public and private schools, vocational education institutions, and others;

     (3) assist persons who propose programs to meet requirements for approval.

 (b) A basic hazardous painting certificate program must include instruction and written and practical testing in methods of ventilation, respirator selection, chemical reaction to body tissue, proper use of painting tools, knowledge of relevant health and safety laws and regulations, including relevant portions of state occupational safety and health standards adopted by the department in regulation, and other appropriate subjects. A basic hazardous painting certificate program may not exceed 16 hours of instruction and testing. A supplemental hazardous painting certificate program must include instruction and written and practical testing necessary to ensure that a person who completes the program will be knowledgeable about new developments and changes related to hazardous painting that have occurred since the person completed a basic hazardous painting certificate program.

 (c) A hazardous painting certificate program conducted by an employer of a person enrolled in the program may include safety instruction required under AS 18.60.066.




Sec. 18.63.050. Inspections and citations.
The department shall
     (1) inspect job sites to assure that persons performing hazardous painting are certified as required under AS 18.63.010(a) and are performing the work safely;

     (2) issue citations to persons who employ or contract with a professional painter in violation of AS 18.63.010(a); and

     (3) issue citations to professional painters who violate AS 18.63.010(b).




Sec. 18.63.060. Regulations.
The department may adopt regulations necessary for the implementation of this chapter.


Sec. 18.63.070. Penalty.
The department may impose a civil fine of not more than $200 for a first violation, and not more than $1,000 for a subsequent violation, of this chapter or a regulation adopted under this chapter.


Sec. 18.63.100. Definitions.
In this chapter,
     (1) “department” means the Department of Labor and Workforce Development;

     (2) “hazardous painting” means the application of a substance containing or combined with a toxic or hazardous substance, as defined in AS 18.60.105, in vaporized, liquid, or particulate form to create a coating that will adhere to a surface to protect or preserve the surface; “hazardous painting” does not include the application of water-based paint that does not contain emulsion epoxies or isocyanates;

     (3) “professional painter” means a painting contractor, an employee of a painting contractor, or a person engaged in the business of painting, but does not include a casual laborer, a commercial artist, or a person who creates artworks.




Article 1. State Troopers.


Chapter 65. Police Protection.

Sec. 18.65.010. Commissioner of public safety may appoint special officers.
 (a) The commissioner of public safety may appoint as special officers qualified police officers of the federal, state, or local government units or other persons with adequate police training over the age of 19 years, as the commissioner considers necessary to aid and assist the division of state troopers in the enforcement of the criminal laws of the state. Each special officer appointed serves without compensation and at the pleasure of the commissioner of public safety and appointments shall be of limited duration.

 (b) Each person appointed as a special officer under this section may prevent crime, pursue and apprehend offenders, obtain legal evidence, institute criminal proceedings, execute warrants of arrest or search and seizure, or other criminal process issuing from any court of the state. A special officer may make arrests in the same manner as a member of the division of state troopers. The authority and duties conferred by this section may be exercised in each case only within the geographical limits determined by the commissioner of public safety.

 (c) Each special officer shall carry identification issued by the commissioner of public safety and shall carry firearms in the manner the commissioner of public safety requires. Each person appointed shall take the constitutional oath of office. Persons appointed may hold other public or private employment.

 (d) [Repealed, § 3 ch 6 SLA 1978.]




Sec. 18.65.020. Uniforms and equipment.
The state shall provide members of the state troopers with standard uniforms, vehicles, supplies, and equipment necessary to carry out the objects and purposes of AS 18.65.020 — 18.65.110. All of this property shall remain the property of the state.


Sec. 18.65.030. Establishment of stations and headquarters.
The commissioner of public safety shall establish stations and headquarters at the places and localities that are necessary for the enforcement of the laws. The state troopers may, with the approval of the governor, have the right to use land and buildings for the accommodation of its members, their vehicles, and equipment.


Sec. 18.65.040. Service without uniform.
The commissioner of public safety may direct a member to serve without wearing a uniform.


Sec. 18.65.050. Central information.
The Department of Public Safety shall make available central information on fingerprints, handwriting, ballistics, stains, and other evidence of crime.


Sec. 18.65.060. Peace officers to cooperate. [Repealed, § 4 ch 118 SLA 1994.]
Sec. 18.65.070. Destruction of department files a misdemeanor. [Repealed, § 21 ch 166 SLA 1978.]
Sec. 18.65.080. Powers and duties of department and members of state troopers.
The Department of Public Safety and each member of the state troopers is charged with the enforcement of all criminal laws of the state, and has the power of a peace officer of the state or a municipality and those powers usually and customarily exercised by peace officers. Each member of the state troopers may prevent crime, pursue and apprehend offenders, obtain legal evidence, institute criminal proceedings, execute any lawful warrant or order of arrest, make an arrest without warrant for a violation of law committed in the presence of the state trooper, and may cooperate with other law enforcement agencies in detecting crime, apprehending criminals, and preserving law and order in the state.


Sec. 18.65.085. Narcotic drugs and alcohol enforcement.
 (a) There is established in the Department of Public Safety, division of state troopers, a narcotic drugs and alcohol enforcement unit for the purpose of investigating and combating the illicit sale and distribution of narcotic drugs and alcoholic beverages in the state. Enforcement of the alcoholic beverage control laws shall focus primarily on the investigation, apprehension, and conviction of persons who violate AS 04.11.010 by selling, importing, or possessing alcoholic beverages in violation of a local option adopted by a municipality or established village under AS 04.11.491.

 (b) The commissioner of public safety shall prepare a report concerning the activities of the narcotic drugs and alcohol enforcement unit. The commissioner shall notify the legislature on the first day of each regular session that the report is available. The report must include, but is not limited to, the number of arrests made, the kind, amount, and value of narcotic drugs and alcoholic beverages seized, the sentences received by narcotic drug and alcohol offenders, and an overall view of the narcotic drug and illicit alcohol problem in the state.

 (c) The Department of Public Safety may establish and administer a reward program, and provide grants to municipalities, established villages, and, at the request of a municipality or established village, to a nonprofit association that administers a village public safety officer program, for reward programs leading to the apprehension and conviction of persons who violate AS 04.11.010 by selling, importing, or possessing alcoholic beverages in violation of a local option adopted by a municipality or established village under AS 04.11.491.




Sec. 18.65.086. Investigative unit on sexually abused and criminally exploited children.
 (a) There is established in the Department of Public Safety, division of state troopers, a special unit for the purpose of investigating cases of repeated child sexual abuse and the criminal exploitation of children.

 (b) The commissioner of public safety shall prepare, in odd-numbered years, a report concerning the activities of the special unit on repeated child sexual abuse and the criminal exploitation of children. The commissioner shall notify the legislature by the first day of each regular session in an odd-numbered year that the report is available. The report must include, but is not limited to, the number of arrests made in cases of repeated child sexual abuse and the criminal exploitation of children, the number of investigations that result in the Department of Health and Social Services taking temporary or permanent custody of the child, the sentences received by persons convicted in the state of child sexual abuse or criminal exploitation of a child, and an overall view of the problems of child sexual abuse and the criminal exploitation of children in the state.

 (c) In this section,
     (1) “child” means a person under 18 years of age at the time the alleged offense was committed by or against the person;

     (2) “criminal exploitation of children” means the use of a child by an adult in a criminal manner for the personal gratification or profit of the adult;

     (3) “repeated child sexual abuse” means conduct that is a criminal sexual offense against a child under AS 11 and that is committed against the child more than once or against more than one child.




Sec. 18.65.087. Central registry of sex offenders.
 (a) The Department of Public Safety shall maintain a central registry of sex offenders and child kidnappers and shall adopt regulations necessary to carry out the purposes of this section and AS 12.63. A post of the Alaska state troopers or a municipal police department that receives registration or change of address information under AS 12.63.010 shall forward the information within five working days of receipt to the central registry of sex offenders and child kidnappers. Unless the sex offender or child kidnapper provides proof satisfactory to the department that the sex offender or child kidnapper is not physically present in the state or that the time limits described in AS 12.63.010 have passed, the Department of Public Safety may enter and maintain in the registry information described in AS 12.63.010 about a sex offender or child kidnapper that the department obtains from
     (1) the sex offender or child kidnapper under AS 12.63;

     (2) a post of the Alaska state troopers or a municipal police department under this subsection;

     (3) a court judgment under AS 12.55.148;

     (4) the Department of Corrections under AS 33.30.012 or 33.30.035;

     (5) the Federal Bureau of Investigation or another sex offender registration agency outside this state if the information indicates that a sex offender or child kidnapper is believed to be residing or planning to reside in the state or cannot be located;

     (6) a criminal justice agency in the state or another jurisdiction;

     (7) the department’s central repository under AS 12.62; information entered in the registry from the repository is not subject to the requirements of AS 12.62.160(c)(3) or (4); or

     (8) another reliable source as defined in regulations adopted by the department.

 (b) Information about a sex offender or child kidnapper that is contained in the central registry, including sets of fingerprints, is confidential and not subject to public disclosure except as to the sex offender’s or child kidnapper’s name, aliases, address, photograph, physical description, description of motor vehicles, license numbers of motor vehicles, and vehicle identification numbers of motor vehicles, place of employment, date of birth, crime for which convicted, date of conviction, place and court of conviction, length and conditions of sentence, and a statement as to whether the offender or kidnapper is in compliance with requirements of AS 12.63 or cannot be located.

 (c) Notwithstanding (b) of this section, if a sex offender has been convicted in this state or another jurisdiction of a sex offense identified as “incest,” that offense may be disclosed under (b) of this section only as a “felony sexual abuse of a minor” conviction.

 (d) The Department of Public Safety
     (1) shall adopt regulations to
          (A) allow a sex offender or child kidnapper to review sex offender or child kidnapper registration information that refers to that sex offender or child kidnapper, and if the sex offender or child kidnapper believes the information is inaccurate or incomplete, to request the department to correct the information; if the department finds the information is inaccurate or incomplete, the department shall correct or supplement the information;

          (B) ensure the appropriate circulation to law enforcement agencies of information contained in the central registry;

          (C) ensure the anonymity of members of the public who request information under this section;

     (2) shall provide to the Department of Corrections and municipal police departments the forms and directions necessary to allow sex offenders and child kidnappers to comply with AS 12.63.010;

     (3) may adopt regulations to establish fees to be charged for registration under AS 12.63.010 and for information requests; the fee for registration shall be based upon the actual costs of performing the registration and maintaining the central registry but may not be set at a level whereby registration is discouraged; the fee for an information request may not be greater than $10;

     (4) shall remove from the central registry of sex offenders and child kidnappers under this section information about a sex offender or child kidnapper required to register under AS 12.63.020(a)(2) at the end of the sex offender’s or child kidnapper’s duty to register if the offender or kidnapper has not been convicted of another sex offense or child kidnapping and the offender or kidnapper has supplied proof of unconditional discharge acceptable to the department; in this paragraph, “sex offense” and “child kidnapping” have the meanings given in AS 12.63.100.

 (e) The name, address, and other identifying information of a member of the public who makes an information request under this section is not a public record under AS 40.25.100 — 40.25.295.

 (f) When a sex offender or child kidnapper registers under AS 12.63, the Department of Public Safety shall make reasonable attempts to verify that the sex offender or child kidnapper is residing at the registered address. Reasonable attempts at verifying an address include sending certified mail, return receipt requested, to the offender or kidnapper at the registered address. The department shall make reasonable efforts to locate an offender or kidnapper who cannot be located at the registered address.

 (g) The department, at least quarterly, shall compile a list of those persons with a duty to register under AS 12.63.010 who have failed to register, whose addresses cannot be verified under (f) of this section, or who otherwise cannot be located. The department shall post this list on the Internet and request the public’s assistance in locating these persons.

 (h) The Department of Public Safety shall provide on the Internet website that the department maintains for the central registry of sex offenders and child kidnappers information as to how members of the public using the website may access or compile the information relating to sex offenders or child kidnappers for a particular geographic area on a map. The information may direct members to mapping programs available on the Internet and to Internet websites where information contained in the registry has already been converted to a map or geographic format.

 (i) Notwithstanding (b) of this section, the department may provide a method for, or may participate in a federal program that allows, the public to submit an electronic or messaging address or Internet identifier and receive a confirmation of whether the address or identifier has been registered by a registered sex offender or child kidnapper.




Sec. 18.65.090. Department to assist other agencies.
The Department of Public Safety shall assist other departments of the state, municipal, and federal governments in the enforcement of criminal laws and regulations pertaining to those departments.


Sec. 18.65.100. Power to command assistance from others.
The Department of Public Safety and members of the state troopers may command the assistance of any able-bodied person to aid in accomplishing the purposes of AS 18.65.020 — 18.65.110, and when called, the person, during the time assistance is required, is considered a member of the state troopers and subject to AS 18.65.020 — 18.65.110.


Sec. 18.65.110. Members not to interfere with rights and property.
Members of the state troopers may not interfere with the rights or property of any person except in a lawful manner necessary for the prevention of crime or the capture and arrest of an offender.


Article 2. Alaska Police Standards Council.


Sec. 18.65.130. Policy.
The administration of criminal justice affects the health, safety, and welfare of the people of this state and requires education and training of a professional quality. It is a primary public interest that applicants meet minimum standards for employment as police officers, probation and parole officers, and correctional officers, and that criminal justice education and training be made available to police officers, probation and parole officers, and correctional officers serving in a probationary capacity and police officers, probation and parole officers, and correctional officers already in regular service. It is of secondary public interest to encourage the establishment of preliminary training programs for persons seeking to become police officers, probation and parole officers, and correctional officers. Application of standards for employment and making education and training available for municipal correctional officers is also in the public interest.


Sec. 18.65.140. Creation.
There is created in the Department of Public Safety the Alaska Police Standards Council.


Sec. 18.65.150. Composition of council.
The council consists of the following persons:
     (1) four chief administrative officers or chiefs of police of local governments;

     (2) the commissioner of public safety or a designee of the commissioner;

     (3) the commissioner of corrections or a designee of the commissioner;

     (4) two persons, each of whom has been certified for five years or more by the council under this chapter, one of whom serves as a police officer and one of whom serves as a probation officer, parole officer, municipal correctional officer, or correctional officer;

     (5) one correctional administrative officer who is employed at the level of a deputy director or higher; and

     (6) four members of the public at large with at least two from the communities of 2,500 population or less.




Sec. 18.65.160. Appointment.
The commissioner of public safety or a designee and the commissioner of corrections or a designee shall serve during each commissioner’s continuance in office. Other members of the council shall be appointed by the governor for staggered terms of four years, except that a member may not serve beyond the time the member holds the office that established eligibility for appointment. A vacancy on the council shall be filled for the remainder of a member’s unexpired term in the same manner as the original appointment.


Sec. 18.65.170. Chairman and vice chairman.
The council shall select its chairman and vice chairman annually.


Sec. 18.65.180. Holding another office.
Membership on the council does not disqualify a member from holding any other public office or employment.


Sec. 18.65.190. Compensation and expenses.
The members of the council receive no salary, but are entitled to per diem and travel expenses authorized by law for other boards and commissions.


Sec. 18.65.200. Meetings.
The council shall meet at least twice a year. The chairman shall set the time and place of the meeting, either on the chairman’s own motion or on written request by any three members of the council.


Sec. 18.65.210. Reports. [Repealed, § 12 ch 19 SLA 1981.]
Sec. 18.65.220. Powers.
The council has the power to
     (1) adopt regulations for the administration of AS 18.65.130 — 18.65.290;

     (2) establish minimum standards for employment as a police officer, probation officer, parole officer, municipal correctional officer, and correctional officer in a permanent or probationary position and certify persons to be qualified as police officers, probation officers, parole officers, municipal correctional officers, and correctional officers under AS 18.65.130 — 18.65.290;

     (3) establish minimum criminal justice curriculum requirements for basic, specialized, and in-service courses and programs for schools operated by or for the state or a political subdivision of the state for the specific purpose of training police recruits, police officers, probation officers, parole officers, municipal correctional officers, and correctional officers; the curriculum requirements established under this paragraph must include training in
          (A) recognizing persons with disabilities;

          (B) appropriate interactions with persons with disabilities;

          (C) resources available to persons with disabilities and to those interacting with persons with disabilities; and

          (D) the requirements of 42 U.S.C. 12131 — 12165 (Title II of the Americans with Disabilities Act of 1990);

     (4) consult and cooperate with municipalities, agencies of the state, other governmental agencies, universities, colleges, and other institutions concerning the development of police officer, probation officer, parole officer, municipal correctional officer, and correctional officer training schools and programs of criminal justice instruction;

     (5) employ an administrator and other persons necessary to carry out its duties under AS 18.65.130 — 18.65.290;

     (6) investigate when there is reason to believe that a police officer, probation officer, parole officer, municipal correctional officer, or correctional officer does not meet the minimum standards for employment; in connection with the investigation the council may subpoena persons, books, records, or documents related to the investigation and require answers in writing under oath to questions asked by the council or the administrator;

     (7) charge and collect a fee of $50 for processing applications for certification of police, probation, parole, municipal correctional, and correctional officers.






Sec. 18.65.225. Alaska police training fund.
The Alaska police training fund is created in the general fund. The fund consists of appropriations made by the legislature to the fund. The legislature may appropriate to the fund the annual estimated balance in the accounts maintained under AS 37.05.142 for money collected under AS 12.25.195(c), AS 12.55.039, AS 28.05.151, and AS 29.25.074. The legislature may make appropriations from the fund to (1) the Department of Public Safety for the Public Safety Training Academy, including Village Public Safety Officers, (2) the Alaska Police Standards Council to provide training for the law enforcement and corrections community of the state under AS 18.65.230, and (3) municipalities that conduct their own police training programs. Nothing in this section creates a dedicated fund.


Sec. 18.65.230. Training programs.
The council shall establish and maintain police training programs, probation and parole officer training programs, and correctional training programs through those agencies and institutions that the council considers appropriate.


Sec. 18.65.240. Standards.
 (a) A person may not be appointed as a police officer, except on a probationary basis, unless the person (1) has satisfactorily completed a basic program of police training approved by the council, which includes at least 12 hours of instruction regarding domestic violence as defined in AS 18.66.990, and (2) possesses other qualifications the council has established for the employment of police officers, including minimum age, education, physical and mental standards, citizenship, moral character, and experience. The council shall prescribe the means of presenting evidence of fulfillment of these requirements.

 (b) The council shall issue a certificate evidencing satisfaction of the requirements of (a) of this section to an applicant who satisfies those requirements or who satisfies the requirements of (a)(2) of this section and satisfactorily completes a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the council for approved police education and training programs in this state.

 (c) The council may deny or revoke the certificate of a police officer who does not meet the standards adopted under (a)(2) of this section.




Sec. 18.65.242. Standards for municipal correctional, correctional, probation, and parole officers.
 (a) The council shall establish qualifications for employment of persons as municipal correctional, correctional, probation, and parole officers, including
     (1) minimum age, physical and mental standards, citizenship, moral character, and experience; and

     (2) minimum education standards.

 (b) The council shall
     (1) prescribe the means of presenting evidence of fulfillment of the requirements set out in (a) of this section; and

     (2) issue a certificate evidencing satisfaction of the requirements of (a) of this section to an applicant who
          (A) satisfies the requirements of (a)(1) of this section; and

          (B) meets the minimum education standards of (a)(2) of this section by satisfactorily completing a training program for municipal correctional, correctional, probation, or parole officers established under AS 18.65.230, including training regarding domestic violence that contains the subjects set out in AS 18.66.310(d), or a course of instruction in another jurisdiction equivalent in content and quality to that required by the council for approved municipal correctional, correctional, probation, or parole officer education and training programs in this state.

 (c) In the evaluation of applicants against the mental standards developed under (a)(1) of this section, the council shall use evaluation methods that do not discriminate against applicants of different ethnic origins.




Sec. 18.65.245. Denial or revocation of certificate of municipal correctional, correctional, probation, or parole officer.
The council may
     (1) deny a certificate to an applicant for a municipal correctional, correctional, probation, or parole officer certificate if the applicant does not meet the standards adopted by the council under AS 18.65.242(a);

     (2) revoke the certificate of a municipal correctional, correctional, probation, or parole officer who, having been issued a certificate, fails to meet the standards adopted by the council under AS 18.65.242(a).




Sec. 18.65.248. Employment of correctional, probation, and parole officers.
 (a) A person may not be appointed as a municipal correctional, correctional, probation, or parole officer unless the person has a valid certificate issued by the council under AS 18.65.242.

 (b) The provisions of (a) of this section do not apply to a person employed on a probationary basis, except that employment on a probationary basis may not exceed the period authorized for probationary employment determined by the council.




Sec. 18.65.250. Financial assistance. [Repealed, § 24 ch 22 SLA 2001.]
Sec. 18.65.260. Grants.
 (a) The council may accept donations of property, both real and personal, and grants of money from a governmental unit or public agency, or from an institution or person. All money received by the council under this section shall be deposited in the state treasury to the account of the council.

 (b) The council shall provide for and administer a funding program authorized in (a) of this section. In the administration of the program the council shall promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs to avoid duplication.




Sec. 18.65.270. Applicability of Administrative Procedure Act.
AS 18.65.150 — 18.65.290 shall be administered in compliance with AS 44.62 (Administrative Procedure Act).


Sec. 18.65.280. Exemptions.
 (a) The commissioner and deputy commissioner of public safety and the chief administrative officers of local police departments are exempt from the requirements of AS 18.65.240. However, a person appointed chief of a local police department after July 1, 1981, who performs any operational duties, shall meet the requirements of AS 18.65.240(a)(1).

 (b) A political subdivision with an established police training program meeting the requirements of AS 18.65.220(2) and (3) may exclude itself from the requirements of AS 18.65.240 by ordinance. The exclusion has no effect on eligibility to receive federal or state grants.




Sec. 18.65.285. Municipal correctional employees.
A municipality that employs persons in a municipal correctional facility may, by ordinance, require that those persons meet the requirements of AS 18.65.130 — 18.65.290 that are applicable to municipal correctional officers.


Sec. 18.65.290. Definitions.
In AS 18.65.130 — 18.65.290,
     (1) “chief administrative officer” means a chief of police or other official who is head of a police department in a political subdivision;

     (2) “correctional facility” means a prison or jail owned, leased, or operated by the state that is designated by the commissioner of corrections for the custody, care, security, control, and discipline of prisoners;

     (3) “correctional officer” means a person
          (A) appointed by the commissioner of corrections whose primary duty under AS 33.30 is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; or

          (B) employed in a correctional facility in this state whose primary duty is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses or held under authority of law;

     (4) “council” means the Alaska Police Standards Council;

     (5) “municipal correctional officer” means a person who is employed full-time in a municipal correctional facility whose primary duty is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses or held under authority of law; and the municipality has adopted an ordinance under AS 18.65.285 making AS 18.65.130 — 18.65.290 applicable;

     (6) “parole officer” means a person appointed by the commissioner of corrections or employed by a correctional facility in this state to perform the duties of supervising the parole of prisoners under AS 33.16;

     (7) “police officer” means
          (A) an employee of the state or a municipal police department with the authority to arrest and issue citations; detain a person taken into custody until that person can be arraigned before a judge or magistrate; conduct investigations of violations of and enforce criminal laws, regulations, and traffic laws; search with or without a warrant persons, dwellings, and other forms of property for evidence of a crime; and take other action consistent with exercise of these enumerated powers when necessary to maintain the public peace;

          (B) an officer or employee of the Department of Transportation and Public Facilities who is stationed at an international airport and has been designated to have the general police powers authorized under AS 02.15.230(a);

          (C) a University of Alaska public safety officer with general police powers authorized under AS 14.40.043;

     (8) “probation officer” means a person appointed by the commissioner of corrections or employed by a correctional facility in this state to perform the duties of a probation officer under AS 33.05.




Article 3. Identification Cards.


Sec. 18.65.310. Identification cards. [See delayed amendment note.]
 (a) Upon payment of a $15 fee, the department shall issue a card identical to the motor vehicle operator’s license provided for in AS 28.15.111, except that the card sha