Title 44 — State Government
54 chapters · 1,061 sections in this title.
AS 44.23.050 Employment of attorney to appear before distant court.
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If a matter in which the state is interested is pending in a court distant from the capital, and it is necessary for the state to be represented by counsel, the attorney general, with the approval of the governor, may engage one or more attorneys to appear for the attorney genera…
AS 44.23.060 Discovery of information and data from transportation business.
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(a) In a hearing or proceeding in which the attorney general appears before a board, court, commission, committee, or officer of the United States involving traffic and commerce or rates of transportation between points in intrastate or interstate transportation, the attorney gen…
AS 44.23.070 Victim/witness assistance program.
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If the Department of Law maintains a victim/witness assistance program, subject to sufficient appropriations for the purpose, the services of that program shall be extended to victims of criminal offenses committed by persons under 18 years of age so that victims of these offense…
AS 44.23.080 Subpoena power of attorney general in cases involving use of an Internet service account.
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(a) If there is reasonable cause to believe that an Internet service account has been used in connection with a violation of AS 11.41.452, 11.41.455, or AS 11.61.125 — 11.61.128, and that the identity, address, and other information about the account owner will assist in obtainin…
AS 44.25.010 Commissioner of revenue.
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The principal executive officer of the Department of Revenue is the commissioner of revenue.
AS 44.25.020 Duties of department.
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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…
AS 44.25.028 Conflicts of interest and required disclosures when duties relate to pension investments.
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(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…
AS 44.25.030 Secs. 44.25.030 — 44.25.038. Loans for Native corporations. [Repealed, § 72 ch 113 SLA 1982.]
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Article 2. Bond Program for Fish Processors and Primary Fish Buyers.
AS 44.25.040 Security for certain obligations.
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(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…
AS 44.25.041 Exemptions from bonding requirement.
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(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.
AS 44.25.042 Suspension and revocation of license.
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(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…
AS 44.25.045 Penalty for failure to obtain bond.
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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.
AS 44.25.047 Regulations.
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The commissioner may adopt regulations to carry out the provisions of AS 44.25.040 — 44.25.048.
AS 44.25.048 Definitions for surety bond program.
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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…
AS 44.25.100 Secs. 44.25.100 — 44.25.190. Film office; duties; Alaska film production incentive program; eligibility; qualification for film production tax credit; award of film production tax credit; determination of qualified expenditures. [Repealed, §§ 7, 8 ch 35 SLA 2015.]
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Article 3. Alaska Mental Health Trust Authority.
AS 44.25.200 Alaska Mental Health Trust Authority.
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(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…
AS 44.25.210 Board establishment, membership, quorum, fees, and expenses.
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(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…
AS 44.25.220 Term of office, vacancies, removal, and reappointment.
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(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…
AS 44.25.230 Officers and staff.
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(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…
AS 44.25.240 Regulations.
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(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 …
AS 44.25.250 Duties of the board.
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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…
AS 44.25.260 Board advisors.
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The commissioners of health, natural 23 resources, and revenue, or their respective designees, are advisors to the board.
AS 44.25.270 Budget recommendations; reports.
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(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…
AS 44.25.280 Submissions requiring use of trust money.
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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.
AS 44.25.290 Use of money in the mental health trust settlement income account.
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(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…
AS 44.25.295 Definitions.
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Article 4. Office of the Long Term Care Ombudsman. 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 Alas…
AS 44.25.300 Office established.
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(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…
AS 44.25.310 Duties and powers of the long term care ombudsman.
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(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…
AS 44.25.320 Training and certification of staff.
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(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…
AS 44.25.330 Access to long term care facilities, residents, and records.
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(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…
AS 44.25.340 Confidentiality.
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(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…
AS 44.25.350 Immunity from liability.
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(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…
AS 44.25.360 Interference with the long term care ombudsman and retaliation prohibited.
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(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…
AS 44.25.370 Legal counsel for the long term care ombudsman.
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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…
AS 44.25.380 Cooperative agreements.
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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 …
AS 44.25.390 Definitions.
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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…
AS 44.27.010 Board and commissioner of education and early development.
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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.
AS 44.27.020 Duties of department.
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Article 2. Alaska State Council on the Arts. 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, libra…
AS 44.27.040 Alaska State Council on the Arts.
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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.
AS 44.27.041 Board of trustees.
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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…
AS 44.27.042 Appointment.
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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…
AS 44.27.043 Terms of office.
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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.
AS 44.27.044 Compensation.
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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.
AS 44.27.045 Chair and vice-chair.
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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.
AS 44.27.050 Duties of council.
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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…
AS 44.27.052 Powers of council.
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(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 …
AS 44.27.053 Legal counsel.
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(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 …
AS 44.27.054 Powers of chair.
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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…
AS 44.27.055 Administration of affairs.
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(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. (…
AS 44.27.056 Reports.
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[Repealed or reserved.]