Title 44, State Government

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

The Department of Revenue shall (1) enforce the tax laws of the state; (2) collect, account for, have custody of, invest, and manage all state funds and all revenues of the state except revenues incidental to a program of licensing and regulation carried on by another state depar…

(a) The commissioner of revenue may designate employees of the Department of Revenue who are subject to the provisions of AS 39.50 because of their responsibility for participating in the management or investment of the funds for which the Alaska Retirement Management Board is re…

(a) A person applying for a license as a fish processor or primary fish buyer shall file with the commissioner of revenue a performance bond, conditioned upon the promise to pay the following: (1) wages owing to all persons employed by the fish processor or primary fish buyer, in…

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

(a) If a final judgment impairs the liability of the surety upon the bond or depletes the cash deposits or other security so that there is not in effect the bond, undertaking, cash deposit, or other security in the full amount prescribed in AS 44.25.040, the license of the fish p…

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

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

In AS 44.25.040 — 44.25.048, unless the context otherwise requires, (1) “commissioner” means the commissioner of revenue; (2) “established fish market” means a market maintained in a permanent structure exclusively for the sale of seafood to the public at retail; (3) “fish” means…

(a) The Alaska Mental Health Trust Authority is established as a public corporation of the state within the Department of Revenue. (b) The purpose of the authority is to ensure an integrated comprehensive mental health program and to administer the office of the long term care om…

(a) The authority shall be governed by its board of trustees. (b) The board consists of seven members appointed by the governor and confirmed by the legislature. The members appointed under this subsection shall be appointed (1) based upon their ability in financial management an…

(a) The members of the board serve staggered five-year terms. A member shall continue to serve until the member's successor is appointed and confirmed. (b) A vacancy occurring in the membership of the board shall be filled within 60 days by appointment of the governor for the une…

(a) The board shall annually elect a presiding officer and other officers it considers necessary from among its membership. (b) The board shall employ a chief executive officer who shall be selected by the board. The chief executive officer shall be compensated at no less than ra…

(a) The board shall adopt regulations under AS 44.62 (Administrative Procedure Act) consistent with state law and the fiduciary responsibilities imposed by law on members of boards of directors of corporations having trust responsibilities. (b) The regulations shall address, but …

The board shall (1) preserve and protect the trust corpus under AS 37.14.009; (2) coordinate with other state agencies involved with programs affecting persons in need of mental health services; (3) review and consider the recommendations submitted under AS 44.29.140(a)(2), 44.29…

The commissioners of health, natural 23 resources, and revenue, or their respective designees, are advisors to the board.

(a) The board shall annually, not later than September 15, submit to the governor and the Legislative Budget and Audit Committee a budget for the next fiscal year and a proposed plan of implementation based on the integrated comprehensive mental health program plan prepared under…

An agency or entity proposing an expenditure of money by the trust shall present its proposal to the authority under regulations adopted under AS 44.25.240.

(a) The money in the mental health trust settlement income account established in AS 37.14.036 shall be used as provided in AS 37.14.041, including to (1) provide an integrated comprehensive mental health program as required by this section; (2) meet the authority's annual admini…

In AS 44.25.200 — 44.25.295 (1) “authority” means the Alaska Mental Health Trust Authority established by AS 44.25.200; (2) “board” means the board of trustees of the authority; (3) “trust” means the trust established by the Alaska Mental Health 10 Enabling Act of 1956, P.L. 84-8…

(a) The office of the long term care ombudsman is established in the Alaska Mental Health Trust Authority (AS 44.25.200). (b) The ombudsman shall be hired by the authority. A member of the authority who has a financial interest in a long term care facility in the state, or who ha…

(a) The ombudsman shall investigate and resolve a complaint made by or on behalf of an older Alaskan who resides in a long term care facility in the state if the complaint relates to a decision, action, or failure to act by a provider or a representative of a provider of long ter…

(a) The ombudsman shall provide for the training and certification of office staff, including volunteers and other representatives of the office. Training must include instruction in federal, state, and local laws and policies relating to long term care facilities in the state, a…

(a) A person may not deny access to a long term care facility or to a resident of a long term care facility by the ombudsman or an employee, volunteer, or other representative of the office. (b) Notwithstanding the provisions of AS 44.25.310(c)(1), the ombudsman may obtain medica…

(a) Records obtained or maintained by the ombudsman are confidential, are not subject to inspection or copying under AS 40.25.110 - 40.25.120 and, except as provided in (b) of this section, may be disclosed only at the discretion of the ombudsman. (b) The identity of a complainan…

(a) A person who, in good faith, makes a complaint described in AS 44.25.310 is immune from civil or criminal liability that might otherwise exist for making the complaint. (b) The ombudsman, or an employee, volunteer, or other representative of the office, is immune from civil o…

(a) A person may not intentionally interfere with the ombudsman, or an employee, volunteer, or representative of the office, in the performance of official duties under AS 44.25.310. (b) If a person makes a good faith complaint described in AS 44.25.310, an employer or supervisor…

The attorney general shall provide legal advice and representation in connection with any matter relating to the powers, duties, and operation of the office, and in any legal action brought against the ombudsman or an employee, volunteer, or other representative of the office. If…

The authority shall enter into cooperative agreements concerning the operations of the office, including protocols for investigations, with state and local agencies that have jurisdiction over long term care facilities or over the abuse and neglect of older Alaskans or residents …

In AS 44.25.300 — 44.25.390, (1) “authority” means the Alaska Mental Health Trust Authority established in AS 44.25.200; (2) “long term care facility” means an assisted living home, as defined in AS 47.32.900, and a nursing facility, as defined in AS 47.32.900; (3) “office” means…

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

The Department of Education and Early Development shall (1) administer the state's program of education at the elementary, secondary, and adult levels, including, but not limited to, programs of vocational education and training, library services, and correspondence courses, but …

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

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

The trustees are to be appointed by the governor from among citizens of the state. In making the appointments, consideration must be given to the recommendations made by representative civic, educational, and professional associations and groups concerned with or engaged in the p…

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

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

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

The council shall (1) stimulate and encourage throughout the state the study and presentation of the performing, visual, literary, and fine arts and public interest, participation, and investment in the arts; (2) conduct research considered advisable on public and private institu…

(a) The council may (1) hold public and private hearings; (2) enter into contracts, within the limit of funds available, with individuals, organizations, and institutions for services furthering the strategic objectives of the council's programs; (3) enter into contracts, within …

(a) The attorney general is the legal counsel for the council. The attorney general shall advise the council in legal matters arising in the discharge of the council's duties and represent the council in suits to which the council is a party. (b) The council may employ temporary …

Subject to available appropriations, the chair may, with the concurrence of a majority of the trustees, (1) employ necessary personnel; the personnel employed by the council are exempt from AS 39.25 (State Personnel Act); and (2) contract for the services of experts and other per…

(a) The board of trustees shall manage the assets and exercise the authority of the council and may adopt, amend, and repeal bylaws and regulations governing the manner in which the business of the council is conducted and the manner in which the council's powers are exercised. (…

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

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

(a) The Alaska arts and cultural investment fund is created in the general fund. The fund consists of money appropriated to the fund by the legislature, including donations, money from other sources, and interest earned on money in the fund. Appropriations to the fund do not laps…